The Formal Hearing
Formal Hearings occur if they are requested by the licensee, or if the matter could not be addressed by the Informal Hearing. If you are disputing the allegations made against you, then a Formal Hearing is the best option to move forward.
A Formal Hearing follows a similar process to that of a typical court case. Each party presents the facts, evidence, and witnesses they have gathered to an Administrative Law Judge. That Judge will then issue their ruling in the form of a Conclusive Order. If the agent or broker is found to have violated the law, this Order will recommend penalties to be assessed. It will also be forwarded to the DBPR.
The Final Order
If they choose to do so, the FREC may, on the recommendation of the Judge’s Conclusive Order, issue a Final Order. They may also choose to accept, modify, or reject the Judge’s order as they see fit.
From here they may choose to assess any of the following penalties:
- License Suspension – they may choose to suspend your real estate license for as long as 10 years if it is deemed the best course of action.
- License Revocation – you may permanently lose your license to practice real estate in the state of Florida.
- Fines – a fine of as much as $5,000 could be assessed against you.
If you received one of these judgments and you believe you should not have, you have 30 days to appeal before the Final Order is put into effect. After that time, the judgment is enforceable by law.