HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 3211

    Amendment No. 2 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Ogles offered the following:

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13         Amendment 

14         On page 4, line 17 through page 6, line 29

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:

18         Section 1.  Paragraph (a) of subsection (1) of section

19  475.01, Florida Statutes, is amended to read:

20         475.01  Definitions.--

21         (1)  As used in this part:

22         (a)  "Broker" means a person who, for another, and for

23  a compensation or valuable consideration directly or

24  indirectly paid or promised, expressly or impliedly, or with

25  an intent to collect or receive a compensation or valuable

26  consideration therefor, appraises, auctions, sells, exchanges,

27  buys, rents, or offers, attempts or agrees to appraise,

28  auction, or negotiate the sale, exchange, purchase, or rental

29  of business enterprises or business opportunities or any real

30  property or any interest in or concerning the same, including

31  mineral rights or leases, or who advertises or holds out to

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    File original & 9 copies    04/17/98
    hrr0004                     02:24 pm         03211-0067-140265




                                                   HOUSE AMENDMENT

                                            Bill No. CS/CS/HB 3211

    Amendment No. 2 (for drafter's use only)





 1  the public by any oral or printed solicitation or

 2  representation that she or he is engaged in the business of

 3  appraising, auctioning, buying, selling, exchanging, leasing,

 4  or renting business enterprises or business opportunities or

 5  real property of others or interests therein, including

 6  mineral rights, or who takes any part in the procuring of

 7  sellers, purchasers, lessors, or lessees of business

 8  enterprises or business opportunities or the real property of

 9  another, or leases, or interest therein, including mineral

10  rights, or who directs or assists in the procuring of

11  prospects or in the negotiation or closing of any transaction

12  which does, or is calculated to, result in a sale, exchange,

13  or leasing thereof, and who receives, expects, or is promised

14  any compensation or valuable consideration, directly or

15  indirectly therefor; and all persons who advertise rental

16  property information or lists.  A broker renders a

17  professional service and is a professional within the meaning

18  of s. 95.11(4)(a).  Where the term "appraise" or "appraising"

19  appears in the definition of the term "broker," it

20  specifically excludes those appraisal services which must be

21  performed only by a state-licensed or state-certified

22  appraiser, and those appraisal services which may be performed

23  by a registered assistant appraiser as defined in part II.

24  The term "broker" also includes any person who is a general

25  partner, officer, or director of a partnership or corporation

26  which acts as a broker.  The term "broker" also includes any

27  person or entity who undertakes to list or sell one or more

28  timeshare periods per year in one or more timeshare plans on

29  behalf of any number of persons, except as provided in ss.

30  475.011 and 721.20.

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    File original & 9 copies    04/17/98
    hrr0004                     02:24 pm         03211-0067-140265