onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Florida Laws: FL Statutes - Title XXXII Chapter 475 Real Estate Brokers, Sales Associates, Schools, and Appraisers

Legal Research Home > Florida Laws > Regulation Of Professions and Occupations > Florida Laws: FL Statutes - Title XXXII Chapter 475 Real Estate Brokers, Sales Associates, Schools, and Appraisers

Part I - Real Estate Brokers, Sales Associates, and Schools (ss. 475.001-475.5018)

  • §475.001   Purpose.
    The Legislature deems it necessary in the interest of the public welfare to regulate real estate brokers, sales associates, and schools in this state.History.—ss. 1,...
  • §475.01   Definitions.
    (1) As used in this part:(a) "Broker" means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly...
  • §475.011   Exemptions.
    This part does not apply to:(1) Any person acting as an attorney in fact for the purpose of the execution of contracts or conveyances only; as...
  • §475.02   Florida Real Estate Commission.
    (1) There is created within the department the Florida Real Estate Commission. The commission shall consist of seven members who shall be appointed by the Governor,...
  • §475.021   Division of Real Estate.
    (1) All services concerning this chapter, including, but not limited to, recordkeeping services, examination services, legal services, and investigative services, and those services in chapter 455...
  • §475.03   Delegation of powers and duties; legal services.
    (1) Any of the duties and powers of the commission, except disciplinary powers and the power to adopt rules, may be delegated, by resolution, to any...
  • §475.04   Duty of commission to educate members of profession.
    (1) The commission shall foster the education of brokers, broker associates, sales associates, and instructors concerning the ethical, legal, and business principles which should govern their...
  • §475.045   Florida Real Estate Commission Education and Research Foundation.
    (1)(a) There is established a Florida Real Estate Commission Education and Research Foundation, hereinafter referred to as the "foundation," which shall be administered by the commission....
  • §475.05   Power of commission to enact bylaws and rules and decide questions of practice.
    The commission may enact bylaws for its own government and adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring...
  • §475.10   Seal.
    The commission shall adopt a seal by which it shall authenticate its proceedings. Copies of the proceedings, records, and acts of the commission, and certificates...
  • §475.125   Fees.
    (1) The commission by rule may establish fees to be paid for application, examination, reexamination, licensing and renewal, certification and recertification, reinstatement, and recordmaking and recordkeeping....
  • §475.15   Registration and licensing of general partners, members, officers, and directors of a firm.
    Each partnership, limited liability partnership, limited liability company, or corporation which acts as a broker shall register with the commission and shall renew the licenses...
  • §475.161   Licensing of broker associates and sales associates.
    The commission shall license a broker associate or sales associate as an individual or, upon the licensee providing the commission with authorization from the Department...
  • §475.17   Qualifications for practice.
    (1)(a) An applicant for licensure who is a natural person must be at least 18 years of age; hold a high school diploma or its equivalent;...
  • §475.175   Examinations.
    (1) A person shall be entitled to take the license examination to practice in this state if the person:(a) Submits to the department the appropriate signed or...
  • §475.180   Nonresident licenses.
    (1) Notwithstanding the prelicensure requirements set forth under ss. 475.17(2) and (6) and 475.175, the commission in its discretion may enter into written agreements with similar...
  • §475.181   Licensure.
    (1) The department shall license any applicant whom the commission certifies, pursuant to subsection (2), to be qualified to practice as a broker or sales associate....
  • §475.182   Renewal of license; continuing education.
    (1)(a) The department shall renew a license upon receipt of the renewal application and fee. The renewal application for an active license as broker, broker associate,...
  • §475.183   Inactive status.
    (1) A license which has become voluntarily inactive may be renewed pursuant to s. 475.182 upon application to the department. The commission shall prescribe by rule...
  • §475.215   Multiple licenses.
    (1) A licensed broker may be issued upon request additional licenses as a broker, but not as a sales associate or as a broker associate, whenever...
  • §475.22   Broker to maintain office and sign at entrance of office; registered office outside state; broker required to cooperate in investigation.
    (1) Each active broker shall maintain an office, which shall consist of at least one enclosed room in a building of stationary construction. Each active broker...
  • §475.23   License to expire on change of address.
    A license shall cease to be in force whenever a broker changes her or his business address, a real estate school operating under a permit...
  • §475.24   Branch office; fees.
    Whenever any licensee desires to conduct business at some other location, either in the same or a different municipality or county than that in which...
  • §475.25   Discipline.
    (1) The commission may deny an application for licensure, registration, or permit, or renewal thereof; may place a licensee, registrant, or permittee on probation; may suspend...
  • §475.255   Determination of agency or transactional brokerage relationship.
    Without consideration of the related facts and circumstances, the mere payment or promise to pay compensation to a licensee does not determine whether an agency...
  • §475.2701   Short title.
    Sections 475.2701-475.2801 may be cited as the "Brokerage Relationship Disclosure Act."History.—s. 3, ch.
  • §475.272   Purpose.
    In order to eliminate confusion and provide for a better understanding on the part of customers in real estate transactions, the Legislature finds that the...
  • §475.274   Scope of coverage.
    The authorized brokerage relationships described in ss. 475.2755 and 475.278 apply in all brokerage activities as defined in s. 475.01(1)(a). The disclosure requirements of s....
  • §475.2755   Designated sales associate.
    (1) For purposes of this part, in any real estate transaction other than a residential sale as defined in s. 475.278(5)(a), and where the buyer and...
  • §475.278   Authorized brokerage relationships; presumption of transaction brokerage; required disclosures.
    (1) BROKERAGE RELATIONSHIPS.—(a) Authorized brokerage relationships.—A real estate licensee in this state may enter into a brokerage relationship as either a transaction broker or as a single...
  • §475.28   Rules of evidence.
    (1) In all proceedings before the commission or the courts, civil or criminal, in which the payment, receipt, or expectation of a commission, compensation, or a...
  • §475.2801   Rules.
    The commission may adopt rules establishing disciplinary guidelines, notices of noncompliance, and citations for violations of ss. 475.2755 and 475.278.History.—s. 3, ch. 97-42; s. 14,...
  • §475.31   Final orders.
    (1) An order revoking or suspending the license of a broker shall automatically cause the licenses of all sales associates and broker associates registered with the...
  • §475.37   Effect of reversal of order of court or commission.
    If the order of the court or commission denying a license or taking any disciplinary action against a licensee is finally reversed and set aside,...
  • §475.38   Payment of costs.
    The commission shall not be required to advance any fees or costs to any officer or witness, or to execute any bond in any proceeding...
  • §475.41   Contracts of unlicensed person for commissions invalid.
    No contract for a commission or compensation for any act or service enumerated in s. 475.01(3) is valid unless the broker or sales associate has...
  • §475.42   Violations and penalties.
    (1) VIOLATIONS.—(a) A person may not operate as a broker or sales associate without being the holder of a valid and current active license therefor. Any person...
  • §475.43   Presumptions.
    In all criminal cases, contempt cases, and other cases filed pursuant to this chapter, if a party has sold, leased, or let real estate, the...
  • §475.451   Schools teaching real estate practice.
    (1) Each person, school, or institution, except approved and accredited colleges, universities, community colleges, and career centers in this state, which offers or conducts any course...
  • §475.4511   Advertising by real estate schools.
    (1) No person representing a real estate school offering and teaching real estate courses under this chapter shall make, cause to be made, or approve any...
  • §475.453   Rental information; contract or receipt; refund; penalty.
    (1) Each broker or sales associate who furnishes a rental information list to a prospective tenant, for a fee paid by the prospective tenant, shall provide...
  • §475.455   Exchange of disciplinary information.
    The commission shall inform the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation of any disciplinary action...
  • §475.482   Real Estate Recovery Fund.
    There is created the Florida Real Estate Recovery Fund as a separate account in the Professional Regulation Trust Fund.(1) The Florida Real Estate Recovery Fund shall...
  • §475.483   Conditions for recovery; eligibility.
    (1) Any person is eligible to seek recovery from the Real Estate Recovery Fund if:(a) Such person has received a final judgment in a court of competent...
  • §475.4835   Commission powers upon notification of commencement of action.
    When the commission receives certified notice of any action, as required by s. 475.483(1)(b), the commission may intervene, enter an appearance, file an answer, defend...
  • §475.484   Payment from the fund.
    (1) Any person who meets all of the conditions prescribed in s. 475.482(1) or (2) may apply to the commission to cause payment to be made...
  • §475.485   Investment of the fund.
    The funds in the Real Estate Recovery Fund may be invested by the Chief Financial Officer under the same limitations as apply to investment of...
  • §475.486   Rules; violations.
    (1) The commission shall adopt such rules as are necessary to effect the efficient administration of ss. 475.482-475.486. (2) It is unlawful for any person or the...
  • §475.5015   Brokerage business records.
    Each broker shall keep and make available to the department such books, accounts, and records as will enable the department to determine whether such broker...
  • §475.5016   Authority to inspect and audit.
    Duly authorized agents and employees of the department shall have the power to inspect and audit in a lawful manner at all reasonable hours any...
  • §475.5017   Injunctive relief; powers.
    (1) Appropriate civil action may be brought by the department in circuit court to enjoin a broker from engaging in, or continuing, a violation of this...
  • §475.5018   Facsimile signatures or writing accepted.
    When any act performed under this part must be performed in writing or acknowledged with a signature, the provision of an instrument or writing by...

Part II - Appraisers (ss. 475.610-475.631)

  • §475.610   Purpose.
    The Legislature deems it necessary in the interest of the public welfare to regulate real estate appraisers in this state.History.—ss. 9, 11, ch. 91-89; s....
  • §475.611   Definitions.
    (1) As used in this part, the term:(a) "Appraisal" or "appraisal services" means the services provided by certified or licensed appraisers or registered trainee appraisers, and includes:1. "Appraisal...
  • §475.612   Certification, licensure, or registration required.
    (1) A person may not use the title "certified real estate appraiser," "licensed real estate appraiser," or "registered trainee real estate appraiser," or any abbreviation or...
  • §475.613   Florida Real Estate Appraisal Board.
    (1) There is created the Florida Real Estate Appraisal Board, which shall consist of nine members appointed by the Governor, subject to confirmation by the Senate....
  • §475.614   Power of board to adopt rules and decide questions of practice; requirements for protection of appraiser's signature.
    (1) The board has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it. The board may...
  • §475.6145   Seal.
    The board shall adopt a seal by which it shall authenticate its proceedings, records, and acts. Copies of the proceedings, records, and acts of the...
  • §475.6147   Fees.
    (1)(a) The board by rule may establish fees to be paid for application, licensing and renewal, certification and recertification, registration and reregistration, reinstatement, and recordmaking and...
  • §475.615   Qualifications for registration or certification.
    (1) Any person desiring to act as a registered trainee appraiser or as a certified appraiser must make application in writing to the department in such...
  • §475.616   Examination requirements.
    To be certified as an appraiser, the applicant must demonstrate, by passing a written examination, that she or he possesses:(1) A knowledge of technical terms commonly...
  • §475.617   Education and experience requirements.
    (1) To be registered as a trainee appraiser, an applicant must present evidence satisfactory to the board that she or he has successfully completed at least...
  • §475.6171   Issuance of registration or certification.
    The registration or certification of an applicant may be issued upon receipt by the board of the following:(1) A complete application indicating compliance with qualifications as...
  • §475.6175   Registered trainee appraiser; postlicensure education required.
    (1) The board shall prescribe postlicensure educational requirements in order for a person to maintain a valid registration as a registered trainee appraiser. If prescribed, the...
  • §475.618   Renewal of registration, license, certification, or instructor permit; continuing education.
    (1)(a) The department shall renew a registration, license, certification, or instructor permit upon receipt of the renewal application and proper fee. Such application shall include proof...
  • §475.619   Inactive status.
    (1) A registration, license, or certification which has become inactive may be renewed upon application to the department. The board shall prescribe by rule continuing education...
  • §475.620   Corporations and partnerships ineligible for licensure or certification.
    (1) A license or certification may not be issued under this part to a corporation, partnership, firm, or group. However, an appraiser licensed or certified under...
  • §475.621   Registry of licensed and certified appraisers.
    (1) The department shall transmit to the appraisal subcommittee, no less than annually, a roster listing individuals who hold a valid state license or certification as...
  • §475.622   Display and disclosure of licensure, certification, or registration.
    (1) Each appraiser registered, licensed, or certified under this part shall place her or his registration, license, or certification number adjacent to or immediately beneath the...
  • §475.6221   Employment of and by registered trainee real estate appraisers.
    (1) A registered trainee real estate appraiser must perform appraisal services under the direct supervision of a certified appraiser who is designated as the primary supervisory...
  • §475.6222   Supervision and training of registered trainee appraisers.
    The primary or secondary supervisory appraiser of a registered trainee appraiser shall provide direct supervision and training to the registered trainee appraiser. The role and...
  • §475.623   Registration of firm or business name and office location.
    Each appraiser registered, licensed, or certified under this part shall furnish in writing to the department each firm or business name and address from which...
  • §475.6235   Registration of appraisal management companies required; exemptions.
    (1) A person may not engage, or offer to engage, in appraisal management services for compensation in this state, or advertise or represent herself or himself...
  • §475.624   Discipline of appraisers.
    The board may deny an application for registration or certification of an appraiser; may investigate the actions of any appraiser registered, licensed, or certified under...
  • §475.6245   Discipline of appraisal management companies.
    (1) The board may deny an application for registration of an appraisal management company; may investigate the actions of any appraisal management company registered under this...
  • §475.625   Final orders.
    The board may publish and distribute, in such manner and form as it may prescribe, any of its final orders or decisions made under this...
  • §475.626   Violations and penalties.
    (1) A person may not:(a) Operate or attempt to operate as a registered trainee appraiser, a licensed or certified appraiser, or an appraisal management company without being...
  • §475.627   Appraisal course instructors.
    (1) Where the course or courses to be taught are prescribed by the board or approved precedent to registration, licensure, certification, or renewal as a registered...
  • §475.628   Professional standards for appraisers registered, licensed, or certified under this part.
    The board shall adopt rules establishing standards of professional practice which meet or exceed nationally recognized standards of appraisal practice, including standards adopted by the...
  • §475.629   Retention of records.
    An appraiser registered, licensed, or certified under this part or an appraisal management company registered under this part shall retain, for 5 years or the...
  • §475.6295   Authority to inspect.
    Duly authorized agents and employees of the department shall have the power to inspect in a lawful manner at all reasonable hours any appraiser or...
  • §475.630   Temporary practice.
    (1) The board shall recognize, on a temporary basis, the license or certification of an appraiser issued by another state, if:(a) The property to be appraised is...
  • §475.631   Nonresident licenses and certifications.
    (1) Notwithstanding the requirements for certification set forth in ss. 475.615 and 475.616, the board may enter into written agreements with similar licensing or certification authorities...

Part III - Commercial Real Estate Sales Commission Lien Act (ss. 475.700-475.719)

Part IV - Commercial Real Estate Leasing Commission Lien Act (ss. 475.800-475.813)

  • §475.800   Short title.
    Sections 475.800-475.813 may be cited as the "Commercial Real Estate Leasing Commission Lien Act."History.—s. 2, ch.
  • §475.801   Definitions.
    As used in this part:(1) "Automatic renewal commission" means a renewal commission for which the brokerage agreement does not expressly require the broker to perform any...
  • §475.803   Broker's lien for leasing commission.
    (1) A broker has a lien upon the owner's interest in commercial real estate for any commission earned by the broker pursuant to a brokerage agreement...
  • §475.805   Contents of lien notice.
    (1) A lien notice made by a broker with respect to a commission claimed under this part shall be in writing, shall be signed and sworn...
  • §475.807   Recording lien notice; effectiveness.
    (1)(a) After a commission is earned under this part, the broker may record a lien notice in the public records maintained by the clerk of court...
  • §475.809   Foreclosure of lien; civil action by owner; award of costs and attorney's fees.
    (1) A broker may enforce a lien for a commission that is earned and payable under this part by a foreclosure suit in the same manner...
  • §475.811   Transfer of lien to security.
    (1)(a) Any lien claimed by a broker by recording a lien notice under this part may be transferred by any person having an interest in the...
  • §475.813   Subordination of lien.
    (1) Nothing contained in this part precludes a broker from agreeing to subordinate a lien claimed by the broker under this part in favor of the...

Speak with a Lawyer in Florida

Last modified: March 18, 2014