Fla. Stat. § 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.
Florida Statutes Chapter 475 — REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS
Florida · statute · Fla. Stat. ch. 475 · 102 active provisions
Fla. Stat. § 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 or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys,…
Fla. Stat. § 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 an attorney at law within the scope of her or his duties as such; as a certified public accountant, as defined in chapter 473, within the scope of her or his duties as such; as…
Fla. Stat. § 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, subject to confirmation by the Senate. Four members must be licensed brokers, each of whom has held an active license for the 5 years preceding appointment…
Fla. Stat. § 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 necessary to perform the duties of this chapter shall be provided by the Division of Real Estate. The commission may, by ma…
Fla. Stat. § 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 member; but the chair may exercise such duties and powers without such resolution.(2) Subject to the prior approval of the Attorney General, the commission may retain inde…
Fla. Stat. § 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 conduct.(2) For the purpose of performing its duty under subsection (1) to educate persons holding a license or permit, the comm…
Fla. Stat. § 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 purposes, objectives, and duties of the foundation are as follows:1. To create and promote educational projects to expand the…
Fla. Stat. § 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 powers or duties upon it. The commission may decide questions of practice arising in the proceedings before it, having regard to this chapter and the rules then in f…
Fla. Stat. § 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 purporting to relate the facts concerning such proceedings, records, and acts, signed by the chair, the custodian of such records, or another person authoriz…
Fla. Stat. § 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. The fee for initial application and examination may not exceed $100. The initial license fee and the license…
Fla. Stat. § 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 or registrations of its members, officers, and directors for each license period. However, if the partnership is a limited partnership, only t…
Fla. Stat. § 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 of State, as a professional corporation, limited liability company, or professional limited liability company. A license shall be issued in the licens…
Fla. Stat. § 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; be honest, truthful, trustworthy, and of good character; and have a good reputation for fair dealing. An applicant for an active broker’s license or a sales associate’s license must…
Fla. Stat. § 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 electronically authenticated application, digital fingerprint data, and fee. The digital fingerprints shall be forwarded to the Division of Criminal Justice Info…
Fla. Stat. § 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 licensing authorities of other states, territories, or jurisdictions of the United States or foreign national jurisdictions to ensure for F…
Fla. Stat. § 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 commission shall certify for licensure any applicant who satisfies the requirements of ss. 475.17, 475.175, and 475.180. The commission may refuse…
Fla. Stat. § 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, or sales associate shall include proof satisfactory to the commission that the licensee has, since the issuance or renewal of her or his current license…
Fla. Stat. § 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 continuing education requirements, not to exceed 12 classroom hours for each year the license was inactive, as a condition of renewing a voluntarily inacti…
Fla. Stat. § 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 it is clearly shown that the requested additional licenses are necessary to the conduct of real estate brokerage business and that the additional licenses will not be used in…
Fla. Stat. § 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 shall maintain a sign on or about the entrance of her or his principal office and each branch office, which sign may be easily observed and read by any person a…
Fla. Stat. § 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 issued pursuant to s. 475.451 changes its business address, or a sales associate working for a broker or an instructor working for a real estate school changes employer. The licensee…
Fla. Stat. § 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 she or he is licensed, such other place of business shall be registered as a branch office, and an annual registration fee prescribed by the commission, in an amount not…
Fla. Stat. § 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 a license, registration, or permit for a period not exceeding 10 years; may revoke a license, registration, or permit; may impose an administrat…
Fla. Stat. § 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 or transactional brokerage relationship exists between the licensee and a seller, landlord, buyer, or tenant.
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