License law violations, penalties and the Recovery Fund

Last reviewed: November 2026

Violations of license law, penalties and procedures make up exam area VI, 3% of the Florida sales associate exam. The outline names the complaint process and the Real Estate Recovery Fund. Much of the area comes down to numbers: the largest fine, the longest suspension, the Recovery Fund caps and the deadlines. Each one is below, with the statute it comes from.

What the commission can do

If a licensee commits a violation, the Florida Real Estate Commission may take any one or more of these actions (s. 475.25(1), F.S.):

PenaltyLimit in the statute
Deny an application or renewal—
Reprimand—
Probation—
Administrative fineUp to $5,000 for each count or separate offense
SuspensionUp to 10 years
RevocationThe license is revoked

A license issued through the commission's mistake may be revoked or cancelled without prejudice to a later application (s. 475.25(2)).

Common grounds for discipline

Section 475.25(1) lists the grounds. Those most often taught:

Criminal penalties under s. 475.42

The complaint process, as the statutes set it out

  1. Complaint. It must be in writing, signed and legally sufficient. Anonymous complaints may be investigated if they are legally sufficient and substantial and preliminary inquiry suggests they are true (s. 455.225(1)(a)).
  2. Investigation. DBPR gives the licensee a copy of the complaint; the licensee may respond in writing within 20 days (s. 455.225(1)(b)). For a minor first offense, DBPR may issue a notice of noncompliance instead, with 15 days to correct (s. 455.225(3)).
  3. Probable cause. A probable cause panel decides by majority vote within 30 days after receiving the final investigative report. It may issue a letter of guidance instead (s. 455.225(4)).
  4. Formal complaint. If probable cause is found, DBPR files a formal complaint and prosecutes it under chapter 120 (s. 455.225(4)).
  5. Hearing. If material facts are disputed, an administrative law judge holds a formal hearing and issues a recommended order (s. 455.225(5)).
  6. Final order. The commission issues the final order. Panel members who reviewed the case are excused (s. 455.225(6)).
  7. Review. A final order can be taken to court for judicial review under s. 120.68; the department itself also has standing to seek that review (s. 455.225(7)).

Timing: the complaint and investigation stay confidential until 10 days after probable cause is found, unless the licensee waives that (s. 455.225(10)). The licensee's broker is notified in writing after the same 10 days (s. 475.25(6)). An administrative complaint must be filed within 5 years of the act or of when it was or should have been discovered (s. 475.25(5)).

Real Estate Recovery Fund

The fund repays people who hold a court judgment for money damages caused by a licensee's violation of s. 475.25 or s. 475.42 in a Florida brokerage transaction. The licensee must have held an active license, must not have been a party, and must have acted only as a licensee (s. 475.482(1)).

RuleStatute
Up to $50,000 per claimant, actual or compensatory damages only. No treble damages, costs, attorney's fees or interests. 475.484(1)(a)
$50,000 total for all claims from one transactions. 475.484(3)
$150,000 total for judgments against one licensees. 475.484(4)
Claim within 2 years of the act or its discovery; never more than 4 years after the acts. 475.483(1)(c)
Notice to the commission by certified mail when the lawsuit starts (without it, the commission may still honor an otherwise valid claim)s. 475.483(1)(b)
Not eligible: the licensee's spouse; a licensee who acted as agent in the deal; a judgment against a brokerage entitys. 475.483(2)
The license is automatically suspended when the fund pays. It cannot be reinstated until the licensee repays the fund in full, plus interests. 475.484(7)
Funded by $1.50 a year per sales associate license and $3.50 per broker license, plus all fines the commission collectss. 475.482(3), (4)

Example: three buyers in one transaction win unpaid judgments of $40,000, $30,000 and $20,000, which totals $90,000. The fund pays at most $50,000 for that transaction.

Exam traps

Practice question

A buyer wins a judgment against a sales associate for $72,000 in compensatory damages plus $20,000 in attorney's fees. Nothing can be collected from the associate. What is the most the buyer can receive from the Recovery Fund?

A) $50,000. B) $72,000. C) $92,000. D) $150,000.

Answer: A. One claimant may recover the unpaid compensatory damages or $50,000, whichever is less. Attorney's fees are not recoverable (s. 475.484(1)(a)). $150,000 is the cap per licensee, not per claim.

Test yourself

The free Florida practice test includes the fine limit, the Recovery Fund cap and the rule on commission lawsuits, each with an explanation. For more area VI questions and timed exams, see the paid question bank.

Sources: ss. 455.225, 475.25, 475.42, 475.482–475.486, F.S. Real Estate Drill is an independent study tool, not legal advice. We are not affiliated with FREC, DBPR or Pearson VUE.

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