Florida Statutes 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.(b) The...
• 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.(2) The...
• 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. 97-42.
• 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 person’s...
• 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...

Last modified: September 23, 2016