Which statement best describes the Election of Rights form?

• A. A plea bargain-type settlement that requires FREC approval
• B. A formal hearing agreement
• C. A stipulation used to testify mitigating facts
• D. An alternate settlement where the respondent neither admits guilt nor denies, subject to FREC approval

Answer: (D)

The Election of Rights form is about choosing a settlement path that resolves the matter without the respondent admitting guilt. It’s an option in Florida disciplinary proceedings where the licensee can accept a negotiated settlement that the Real Estate Commission must approve, but which does not require an admission of wrongdoing. This preserves a resolution while leaving room for the board to impose sanctions or conditions as part of the approved terms. It’s not a traditional plea or a formal admission of facts, and it isn’t simply a formal hearing agreement or a stipulation for mitigating testimony. The key idea is an alternate settlement where no guilt admission is made, subject to the FREC’s approval.