Florida Broker Practice Exam

If a respondent does not resolve their case with a stipulation, who will hear their case?

1. The initial investigator

2. The FREC or an administrative law judge

3. Any board member at FREC

4. A state senator

The correct answer is: The FREC or an administrative law judge

When a respondent does not resolve their case with a stipulation, the case is escalated for a more formal resolution process. In Florida, this typically means that the case will be heard by the Florida Real Estate Commission (FREC) or an administrative law judge. The role of FREC is to review and adjudicate various issues related to real estate practices within Florida, including complaints against licensees. If a stipulation—which is an agreement between the parties regarding the findings and consequences—is not reached, it indicates that there is a dispute that needs to be settled through a formal hearing. At this point, the administrative law judge, who is a neutral party provided by the Division of Administrative Hearings, will conduct the hearing and help determine the outcome based on the evidence presented. This process is in place to ensure that all parties have a fair opportunity to present their case and that decisions are made based on the law and facts rather than informal agreements, which may not be satisfactory for all parties involved.