Criminal record not often an impediment to getting a Florida real estate license (to rent, crime) - Tampa Bay - (FL) -Tampa - St. Petersburg - Clearwater - Page 3 - City-Data Forum

gulfer · 06-10-2012, 01:22 PM

But the Florida Real Estate Law normally gives specific timelines. I forget and really don't want to look it up, but 5 and 10 years come to mind one some mis-dealings with the public.

If they were Felonies though, I would think that they absolutely were seen on the back ground check. Not just fingerprints, but the entire background check.

bentlebee · 06-10-2012, 06:05 PM

Quote:

Originally Posted by gulfer

But the Florida Real Estate Law normally gives specific timelines. I forget and really don't want to look it up, but 5 and 10 years come to mind one some mis-dealings with the public.

If they were Felonies though, I would think that they absolutely were seen on the back ground check. Not just fingerprints, but the entire background check.

I thought so too but clearly not. The realtor I met years ago who presented me had 3 felonies and obtained her license a week after being convicted of her 3 rd felony and she got 15 months in prison but it was reversed to 36 months of probation and that is when she joined a brokerage and changed brokerages often. I reported her when I found out and noticed her mug shot, but that wasn't even a reason to take away her license right away. So I informed every broker she switched too and they all let her go after receiving my mail. Now her license is not active anymore but maybe more due to her hardly making any money with real estate and not able to pay for the dues and monthly fees that many offices charge.

bentlebee · 06-10-2012, 06:12 PM

Quote:

Originally Posted by Ronclimer

The Florida Real Estate Commission is the agency that apppoves people for a Florida real estate license. A person can be approved with some criminal background. Fraud, deception etc. are the crimes that keep people oui of the real estate business. The older a crime is the less impact it would have on the FREC's decision. I suspect that your Realtor was able to conceal her crimes from the FREC.
Thank you for turning her in. you apparently eventually made a complaint to the Florida Real Estate Commission since she no longer has a license. The FREC is the agency that would revoke her license.
If a person already has a Florida real estate license before they commit a felony, the FREC would have no way of knowing of that felony conviction. Just as a person's employer would have no way of knowing of that conviction. Chapter 475 (Florida real estate law) requires a licensed real estate agent to report any criminal convictions to the FREC. It is a violation not to. I suspect many people neglect to do this.
In today's world you have duty to yourself to Google that Realtor that you are about to list your house with. You can also check their license status at the Department of Business and Professionial Regulation's website at www.myfloridalicense.com. In sound like you did some diligence but you were a little slow in getting started.
One last thought, The association of Realtors is a club that some agents join and some do not. Realtors pledge to obey the Code of Ethics. A Florida real estate license is issued by the Department of Business and Professionial Regulation after being appoved by the Floria Real Estate Commission.

She got her license in 2005 and in 2005 she was convicted just before she passed her exam...BUT the arrest was month prior so they should have seen that when she was finger printed and it should have been a red flag for a person who had 2 prior felonies within 4 years prior...ALL FOR THEFT! who wants someone like that in their house...?

I advise all sellers to store away personal items, items of value and prescription medications...but that should any person with common sense do when they have strangers coming into their homes.

BUT having said that, you should be able to expect that any licensed person has received a background check and that should be repeated every 2-5 years..JMO!

Keep in mind the same counts for handyman, licensed plumbers, A/C repair, roofers, etc...do you know who they really are? it could be a sex offender, or ...

bentlebee · 06-10-2012, 06:17 PM

Quote:

Originally Posted by MortonR

I would assume that realtors have to be insured and bonded, or that is part of the licensure? Having a conviction might make it hard to be insured and/or bonded.

For sure the agency they are employed by would do so, correct?

Just wondering...

RM

NO! We as the office have an E & O insurance, but agents personally fall under that insurance and the only question asked regarding the agents is how many agents, not their names and if they had a criminal background.

Most brokers will not check backgrounds since they are under the impression that with the background check it should have come up and FREC/DBPR are suppose to do their job, BUT once a person has a license they are not checked again but have to disclose if a crime has happened but we all know that people "forget" to mention something like that and how big is the chance to get caught?

Due to my experience I will always check who i'm dealing with, I learned my lesson and it costed me to loose a lot of trust in people...

gulfer · 06-10-2012, 06:58 PM

The Florida Real Estate Commission has a process that deals with people like this. I don't want to get into it all but they have authority and RESPONSIBILITY to deal with people that break the law, or even those that break Real Estate laws and regulations. They are also an arm of the State Business System which can do even more in the legal realm. Bottom line, breaking laws, regulations, and rules can get you suspended, fined, licensed revoked, and even sent to the Slammer.

chi_tino · 06-11-2012, 04:22 AM

In theory, yes.

In reality, FREC is a joke. There is a reason why these kinds of incidents happen over and over and over again. Read the TBT sometime when they highlight criminal real estate "professionals" who continue to participate in scams for years even after they come to light.

gulfer · 06-11-2012, 08:00 AM

FLORIDA REAL ESTATE COMMISSION

The Florida Real Estate Commission (FREC) consists of seven members and meets monthly. The commission meeting is usually the third Wednesday of the month and the immediately preceding Tuesday. The FREC administers and enforces the real estate license law, Chapter 475, Part I, Florida Statutes. The Commission is also empowered to pass rules that enable it to implement its statutorily authorized duties and responsibilities. These rules are contained in Chapter 61J2, Florida Administrative Code. The statute and rules, along with Chapters 455, 215, 120, and 20, Florida Statutes are available under

From the MiamiTodaynews.com website: In the past six years, real estate licenses issued in Florida have fallen dramatically, from almost 47,000 in 2005 to 11,700 in 2010, according to the Florida Department of Business & Professional Regulation.

IF YOU ARE A CRIMINAL YOU DON'T CARE WHAT THE RULES OR LAWS ARE ANYWAY...YOU'LL FIND A WAY TO BREAK THEM.

I read the TBT everyday. If 170 Realtors or Real Estate Agents are criminals, in 2010 that would mean 1% are. Hardly an Epidemic. You have a much higher % of drivers driving out of downtown Tampa on Friday and Saturday nights because they are legally over the limit. Put it in perspective.

bentlebee · 06-11-2012, 09:41 AM

Still way too many and unfortunately FREC didn't do anything. I had to reach out to the brokers myself and that was the only way to get her out of the business. I started out to report it to the State Attorney's office and they referred to FREC....at the time I wasn't in the business myself.

Since then I have met new agents who stated they had to go to the FREC meeting due to something in their past and all of them got the license, so either they are very easy to convince or they need the money from new licenses...

On top of that and this is not just related to real estate licenses, but how many times will existing licensees be finger printed? Unless they want a different license, they won't!

Quote:

Originally Posted by gulfer

FLORIDA REAL ESTATE COMMISSION

The Florida Real Estate Commission (FREC) consists of seven members and meets monthly. The commission meeting is usually the third Wednesday of the month and the immediately preceding Tuesday. The FREC administers and enforces the real estate license law, Chapter 475, Part I, Florida Statutes. The Commission is also empowered to pass rules that enable it to implement its statutorily authorized duties and responsibilities. These rules are contained in Chapter 61J2, Florida Administrative Code. The statute and rules, along with Chapters 455, 215, 120, and 20, Florida Statutes are available under

From the MiamiTodaynews.com website: In the past six years, real estate licenses issued in Florida have fallen dramatically, from almost 47,000 in 2005 to 11,700 in 2010, according to the Florida Department of Business & Professional Regulation.

IF YOU ARE A CRIMINAL YOU DON'T CARE WHAT THE RULES OR LAWS ARE ANYWAY...YOU'LL FIND A WAY TO BREAK THEM.

I read the TBT everyday. If 170 Realtors or Real Estate Agents are criminals, in 2010 that would mean 1% are. Hardly an Epidemic. You have a much higher % of drivers driving out of downtown Tampa on Friday and Saturday nights because they are legally over the limit. Put it in perspective.

gulfer · 06-11-2012, 02:07 PM

I have heard about the FREC meetings. You can go and plead your case and see how that goes.

Of the 7 members of FREC this was the makeup of the Commission:

4 had to be Brokers
1 had to be a Sales Agent
2 had to have no Real Estate experience
1 of the 7 had to be over 60

That is Florida Law.

Again, they meet once a month and to me probably rely more on complaints to address issues. But your example showed she blatantly broke the law because as an Licensed Sales Agent, she is required to notify the proper commission, division, or department for specific actions (Jail is one of them!).

As I said, A CRIMINAL WILL ALWAYS FIND A WAY TO BREAK THE LAW

I do see what you are saying tho BentleBee. There should be safe guards so this doesn't happen. But I feel you did the right thing by reporting.

bentlebee · 06-12-2012, 02:51 PM

Quote:

Originally Posted by gulfer

I have heard about the FREC meetings. You can go and plead your case and see how that goes.

Of the 7 members of FREC this was the makeup of the Commission:

4 had to be Brokers
1 had to be a Sales Agent
2 had to have no Real Estate experience
1 of the 7 had to be over 60

That is Florida Law.

Again, they meet once a month and to me probably rely more on complaints to address issues. But your example showed she blatantly broke the law because as an Licensed Sales Agent, she is required to notify the proper commission, division, or department for specific actions (Jail is one of them!).

As I said, A CRIMINAL WILL ALWAYS FIND A WAY TO BREAK THE LAW

I do see what you are saying tho BentleBee. There should be safe guards so this doesn't happen. But I feel you did the right thing by reporting.

I could have understand if the last arrest was missed due to convicting being close to her passing the exam, but that was her 3 rd arrest and conviction...

That to me is unbelievable and FREC should have acted on that but they didn't. On top of that what are the chances that a person gets arrested everytime they commit a crime...not very likely so i wonder how many more times did she commit a crime aside from the 3 x that she was convicted and she was arrested for stealing in high end stores and than going into people's homes....just the thought makes me sick.