Florida Broker Practice Exam

When must a complaint and investigation records be treated as confidential?

1. Only during the investigation

2. Until the final order is issued

3. Until 10 days after probable cause is found

4. Until the licensee's hearing is over

The correct answer is: Until 10 days after probable cause is found

The correct response is that complaint and investigation records must be treated as confidential until 10 days after probable cause is found. This timeframe is established to protect the integrity of the investigative process and the privacy of those involved. During this period, the details of the complaint and investigation are kept confidential to ensure that the investigation can proceed without interference or undue influence, and to safeguard the reputations of all parties until a determination of probable cause is made. Once probable cause is established, those involved (including the licensee) are granted the opportunity to prepare for their defense or to provide their side of the story, which represents a more transparent moment in the process. This ensures that individuals are not unfairly prejudiced by public knowledge of the details before a resolution is reached, balancing the rights of the complainant and the accused. The other stated options do not accurately capture the legal requirements surrounding the confidentiality of such records. For instance, treating records as confidential only during the investigation would fail to account for the critical period after probable cause is found but before any final action is taken.