House Bill 0445

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                 HB 445

        By Representative Goodlette






  1                      A bill to be entitled

  2         An act relating to real estate brokers and

  3         salespersons; amending s. 475.25, F.S.;

  4         providing an exception to a requirement that a

  5         licensee notify the Florida Real Estate

  6         Commission of certain doubts or conflicting

  7         demands with respect to a transaction when the

  8         buyer of a residential condominium unit

  9         delivers written notice of intent to cancel the

10         contract for sale and purchase; permitting the

11         return of certain escrowed property; providing

12         an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Paragraph (d) of subsection (1) of section

17  475.25, Florida Statutes, is amended to read:

18         475.25  Discipline.--

19         (1)  The commission may deny an application for

20  licensure, registration, or permit, or renewal thereof; may

21  place a licensee, registrant, or permittee on probation; may

22  suspend a license, registration, or permit for a period not

23  exceeding 10 years; may revoke a license, registration, or

24  permit; may impose an administrative fine not to exceed $1,000

25  for each count or separate offense; and may issue a reprimand,

26  and any or all of the foregoing, if it finds that the

27  licensee, registrant, permittee, or applicant:

28         (d)1.  Has failed to account or deliver to any person,

29  including a licensee under this chapter, at the time which has

30  been agreed upon or is required by law or, in the absence of a

31  fixed time, upon demand of the person entitled to such

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                 HB 445

    704-122A-00






  1  accounting and delivery, any personal property such as money,

  2  fund, deposit, check, draft, abstract of title, mortgage,

  3  conveyance, lease, or other document or thing of value,

  4  including a share of a real estate commission if a civil

  5  judgment relating to the practice of the licensee's profession

  6  has been obtained against the licensee and said judgment has

  7  not been satisfied in accordance with the terms of the

  8  judgment within a reasonable time, or any secret or illegal

  9  profit, or any divisible share or portion thereof, which has

10  come into the licensee's hands and which is not the licensee's

11  property or which the licensee is not in law or equity

12  entitled to retain under the circumstances. However, if the

13  licensee, in good faith, entertains doubt as to what person is

14  entitled to the accounting and delivery of the escrowed

15  property, or if conflicting demands have been made upon the

16  licensee for the escrowed property, which property she or he

17  still maintains in her or his escrow or trust account, the

18  licensee shall promptly notify the commission of such doubts

19  or conflicting demands and shall promptly:

20         a.  Request that the commission issue an escrow

21  disbursement order determining who is entitled to the escrowed

22  property;

23         b.  With the consent of all parties, submit the matter

24  to arbitration;

25         c.  By interpleader or otherwise, seek adjudication of

26  the matter by a court; or

27         d.  With the written consent of all parties, submit the

28  matter to mediation.  The department may conduct mediation or

29  may contract with public or private entities for mediation

30  services. However, the mediation process must be successfully

31  completed within 90 days following the last demand or the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                 HB 445

    704-122A-00






  1  licensee shall promptly employ one of the other escape

  2  procedures contained in this section.  Payment for mediation

  3  will be as agreed to in writing by the parties.  The

  4  department may adopt rules to implement this section.

  5

  6  If the licensee promptly employs one of the escape procedures

  7  contained herein, and if she or he abides by the order or

  8  judgment resulting therefrom, no administrative complaint may

  9  be filed against the licensee for failure to account for,

10  deliver, or maintain the escrowed property. When the buyer of

11  a residential condominium unit delivers written notice to a

12  licensee of the buyer's intent to cancel the contract for sale

13  and purchase pursuant to s. 718.503, the licensee may return

14  the escrowed property to the purchaser without notifying the

15  commission or initiating any of the procedures listed in

16  sub-subparagraphs a.-d.

17         2.  Has failed to deposit money in an escrow account

18  when the licensee is the purchaser of real estate under a

19  contract where the contract requires the purchaser to place

20  deposit money in an escrow account to be applied to the

21  purchase price if the sale is consummated.

22         Section 2.  This act shall take effect upon becoming a

23  law.

24

25            *****************************************

26                          HOUSE SUMMARY

27
      Provides an exception to the requirement that a real
28    estate broker or salesperson notify the Florida Real
      Estate Commission with respect to doubts or conflicting
29    demands before disbursing escrowed property, if a
      purchaser of a residential condominium delivers written
30    notice to the licensee of the buyer's intent to cancel.
      Permits the licensee to return the escrowed property to
31    the purchaser without notifying the commission.

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