Florida Broker Practice Exam

If the probable cause panel determines that probable cause does not exist, what actions may they take?

1. File a formal complaint against the licensee

2. Dismiss the case with or without guidance

3. Refer the matter to an administrative law judge

4. Issue a public statement about the findings

The correct answer is: Dismiss the case with or without guidance

When the probable cause panel reviews a case and determines that probable cause does not exist, their primary action is to dismiss the case. This dismissal can either occur with or without guidance, meaning they may provide recommendations or advice based on their findings, or they may choose to close the case without any further commentary. This process is a key component of the regulatory framework, as it helps ensure that only cases with sufficient evidence proceed further in the disciplinary process. By dismissing cases where no probable cause is found, the panel safeguards licensees from unwarranted charges and maintains the integrity of the disciplinary process. In this context, the other actions listed are not applicable when the panel concludes that probable cause is absent. Filing a formal complaint or referring the matter to an administrative law judge would indicate that there is sufficient evidence to pursue disciplinary action, which contradicts the determination of the absence of probable cause. Issuing a public statement about the findings is also not standard procedure in the case of a dismissal, as there typically isn't enough substantive action or criticism necessitating that level of communication when no probable cause is found.