The Florida Senate

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 additional services in order to receive the renewal commission.

(2)  "Broker" has the same meaning as in s. 475.01

(3)  "Brokerage agreement" means a written contract, entered into on or after the effective date of this act, between an owner of commercial real estate and a broker that obligates the owner to pay a commission to the broker for licensed services provided by the broker relating to the leasing of the commercial real estate as specified in the contract.

(4)  "Commercial real estate" means a fee simple interest or other possessory estate in real property, except an interest in real property that is:

(a)  Improved with one single-family residential unit or one multifamily structure containing one to four residential units;

(b)  Unimproved and the maximum permitted development is one to four residential units under any restrictive covenants, zoning regulations, or comprehensive plan applicable to that real property; or

(c)  Improved with single-family residential units such as condominiums, townhouses, timeshares, mobile homes, or houses in a subdivision that may be legally sold, leased, or otherwise conveyed on a unit-by-unit basis, regardless of whether these units may be a part of a larger building or parcel containing more than four residential units.

(5)  "Commission" means any fee or other compensation that an owner agrees to pay a broker for licensed services as specified in a brokerage agreement.

(6)  "Days" means calendar days, but if a period would end on a day other than a business day, the last day of that period shall instead be the next business day.

(7)  "Lease" means a written agreement creating a relationship of landlord and tenant with respect to commercial real estate, such that the tenant acquires from the landlord the right to possess the commercial real estate for a specified period of time.

(8)  "Lien notice" means the written notice of lien made by a broker claiming a commission under s. 475.805

(9)  "Owner" means a person that is vested with fee simple title or a possessory estate, including a leasehold, in commercial real estate that is the subject of a lease. For purposes of this part, the owner obligated to pay a commission under a brokerage agreement may be a landlord or a tenant.

(10)  "Real property" means one or more parcels or tracts of land located in this state, including any appurtenances and improvements.

(11)  "Renewal commission" means an additional commission that may become payable to a broker under a brokerage agreement if a lease subject to that brokerage agreement is later renewed or is later modified to expand the leased premises or extend the lease term.

History.--s. 2, ch. 2005-275; s. 57, ch. 2006-1.