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....
- §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,...
- §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;...
- §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 notarized...
- §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. 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...
- §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....
- §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...
- §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 Land Sales, Condominiums, and Mobile Homes of the Department of Business and Professional Regulation of any disciplinary...
- §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...
- §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...
- §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;...
- §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...
- §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 seven members appointed by the Governor, subject to confirmation by the Senate....
- §475.614 Power of board to adopt rules and decide questions of practice.
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) 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...
- §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...
- §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 licensed or certified appraiser who is designated as the...
- §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...
- §475.624 Discipline.
The board may deny an application for registration or certification; may investigate the actions of any appraiser registered, licensed, or certified under this part; may...
- §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) VIOLATIONS.-- (a) No person shall operate or attempt to operate as a registered trainee appraiser or licensed or certified appraiser without being the holder of a...
- §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.
Each appraiser registered, licensed, or certified under this part shall comply with the Uniform Standards of Professional Appraisal Practice. Statements on appraisal standards which may...
- §475.629 Retention of records.
An appraiser registered, licensed, or certified under this part shall retain, for at least 5 years, original or true copies of any contracts engaging 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...
- §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)
- §475.700 Popular name.
Sections 475.700-475.719 may be cited as the "Commercial Real Estate Sales Commission Lien Act." History.--s. 1, ch. 2005-275. ...
- §475.701 Definitions.
As used in this part: (1) "Broker" has the same meaning as in s. 475.01. (2) "Brokerage agreement" means a written contract entered into on or after...
- §475.703 Broker's lien for sales commission.
(1) A broker has a lien upon the owner's net proceeds from the disposition of commercial real estate for any commission earned by the broker with...
- §475.705 Contents of commission notice; delivery to owner and closing agent.
(1) A commission notice made by a broker with respect to a commission claimed under this part shall be in writing, shall be signed and sworn...
- §475.707 Recording commission notice; effectiveness.
(1) After a broker delivers the copies of a commission notice as provided in s. 475.705, the broker may record the commission notice in the public...
- §475.709 Duties of closing agent; reservation of owner's net proceeds.
(1)(a) The closing agent shall reserve from the owner's net proceeds an amount equal to the commission claimed by the broker in the commission notice if,...
- §475.711 Interpleader or other proceedings; deposit of reserved proceeds in court registry; discharge of closing agent from further liability.
(1) The closing agent shall, by interpleader action or other legal proceeding, seek adjudication of the rights of the parties with respect to disputed reserved proceeds...
- §475.713 Civil action concerning commission; order to show cause; hearing; release of proceeds; award of costs and attorney's fees.
(1) If a commission notice claiming a commission is delivered to an owner pursuant to s. 475.705 and the owner disputes the claimed commission, the owner...
- §475.715 Priority of recorded commission notice.
All statutory liens, consensual liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, including all advances or charges made or accruing thereunder, whether...
- §475.717 Service of notice.
Notices to be delivered to a party pursuant to this part other than service of process as required in civil actions shall be by service...
- §475.719 Buyer's broker.
As used in this section, the term "buyer's broker" means a broker that is entitled to receive payment from the buyer of commercial real estate...
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. 2005-275. ...
- §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...
- §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...
