Which entity receives the recommendation from the legal section of the Division regarding prosecution in an investigation?

• A. FREC
• B. Probable cause panel
• C. DBPR Secretary
• D. Division legal staff

Answer: (B)

The key idea is how an investigation moves toward enforcement. The Division’s legal section crafts the recommendation on whether prosecution should proceed. That recommendation isn’t the final decision; it’s first reviewed by the Probable Cause Panel. This panel serves as the gatekeeper, evaluating whether there is probable cause to pursue disciplinary action before anything more formal happens. If the panel finds probable cause, the matter advances to the DBPR Secretary for action. The Florida Real Estate Commission (FREC) would be involved later if disciplinary steps are approved, but not as the initial recipient of the prosecution recommendation. The Division’s legal staff are the ones who prepare the recommendation, so they don’t receive it; they generate it.