The Florida Real Estate Commission: composition, powers, and rulemaking

Who serves

Florida's Real Estate Commission operates within the Department of Business and Professional Regulation under Chapter 475, Part I. Its seven members are appointed by the Governor, subject to Senate confirmation. Four must be licensed brokers, each with an active license for the five years preceding appointment. One must be a licensed broker or licensed sales associate with an active license for the two years preceding appointment. Two must be persons who are not, and have never been, brokers or sales associates. At least one member must be 60 or older. Members are appointed for four-year terms. The age requirement overlaps the seat categories. Members elect a chairperson and vice chairperson.

Functions and limits

The Commission promotes education in ethical, legal, and business principles and may conduct, sponsor, prescribe, or approve courses and publish educational materials. Rulemaking is commonly called quasi-legislative; disciplinary decision-making is quasi-judicial. These are administrative functions, not a grant of legislative or judicial office.

Under section 475.05, the Commission may enact internal bylaws, adopt rules implementing laws conferring powers or duties upon it through the prescribed administrative process, and decide questions of practice in proceedings with regard to the chapter and existing rules. Implementing the law does not authorize rewriting it.

Delegation and legal roles

Section 475.03 permits delegation of powers and duties to a member by resolution, except disciplinary powers and rule adoption. The chair may exercise the other powers without a resolution; the exceptions still apply.

A probable cause panel determines whether probable cause exists of a violation of Chapter 475, Part I, or Commission rules. It includes at least one present Commission member; one member may be a former member. Probable cause is distinct from final discipline.

The Commission may retain independent counsel for a specific matter with prior Attorney General approval. An attorney cannot prosecute a matter and provide legal services to the Commission on that same matter. Identify the actor, power, and limit in each question.