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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 593

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Business Regulation offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (j) of subsection (1) of section

18  475.01, Florida Statutes, is amended to read:

19         475.01  Definitions.--

20         (1)  As used in this part:

21         (j)  "Salesperson" means a person who performs any act

22  specified in the definition of "broker," but who performs such

23  act under the employment direction, control, or management of

24  another person. A salesperson renders a professional service

25  and is a professional within the meaning of s. 95.11(4)(a).

26  Nothing in this definition shall be construed to limit a

27  salesperson from registering as an officer or director of a

28  brokerage corporation or a general partner of a brokerage

29  partnership.  A salesperson may also form a partnership,

30  limited liability company, limited liability partnership, or

31  corporation with brokers and other salespersons.

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 593

    Amendment No. 1 (for drafter's use only)





  1         Section 2.  Subsections (4) and (5) of section 475.011,

  2  Florida Statutes, are amended to read:

  3         475.011  Exemptions.--This part does not apply to:

  4         (4)  Any salaried employee of an owner, or of a

  5  registered broker for an owner, of an apartment community who

  6  works in an onsite rental office of the apartment community in

  7  a leasing capacity, provided the salaried employee works

  8  without any other compensation being paid in addition to the

  9  salary;

10         (5)  Any person employed for a salary as a manager of a

11  condominium or cooperative apartment complex as a result of

12  any activities or duties which the person may have in relation

13  to the renting of individual units within such condominium or

14  cooperative apartment complex if rentals arranged by the

15  person are for periods no greater than 1 year, provided the

16  person works without any other compensation being paid in

17  addition to the salary;

18         Section 3.  Section 475.15, Florida Statutes, is

19  amended to read:

20         475.15  Registration and licensing of general partners,

21  members, officers, and directors of a firm.--Each partnership,

22  limited liability partnership, limited liability company, or

23  corporation which acts as a broker shall register with the

24  commission and shall renew the licenses or registrations of

25  its members, officers, and directors for each license period.

26  However, if the partnership is a limited partnership, only the

27  general partners must be licensed brokers or brokerage

28  corporations registered pursuant to this part. If the license

29  or registration of at least one active broker member is not in

30  force, the registration of a corporation, limited liability

31  company, limited liability partnership, or partnership is

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 593

    Amendment No. 1 (for drafter's use only)





  1  canceled automatically during that period of time.

  2         Section 4.  Subsection (1) of section 475.22, Florida

  3  Statutes, is amended to read:

  4         475.22  Broker to maintain office and sign at entrance

  5  of office; registered office outside state; broker required to

  6  cooperate in investigation.--

  7         (1)  Each active broker shall maintain an office, which

  8  shall consist of at least one enclosed room in a building of

  9  stationary construction. Each active broker shall maintain a

10  sign on or about the entrance of her or his principal office

11  and each branch office, which sign may be easily observed and

12  read by any person about to enter such office and shall be of

13  such form and minimum dimensions as shall be prescribed by the

14  commission. Each sign shall contain the name of the broker,

15  together with the trade name, if any.  For a partnership or

16  corporation, the sign shall contain the name of the firm or

17  corporation or trade name of the firm or corporation, together

18  with the name of at least one of the brokers.  At a minimum,

19  the words "licensed real estate broker" or "lic. real estate

20  broker" shall appear on the office entrance signs.

21         Section 5.  Paragraphs (d), (h), and (k) of subsection

22  (1) of section 475.25, Florida Statutes, are amended to read:

23         475.25  Discipline.--

24         (1)  The commission may deny an application for

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

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

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

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

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 593

    Amendment No. 1 (for drafter's use only)





  1  licensee, registrant, permittee, or applicant:

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

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

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

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

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

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

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

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

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

11  has been obtained against the licensee and said judgment has

12  not been satisfied in accordance with the terms of the

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

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

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

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

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

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

19  entitled to the accounting and delivery of the escrowed

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

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

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

23  licensee shall promptly notify the commission of such doubts

24  or conflicting demands and shall promptly:

25         a.  Request that the commission issue an escrow

26  disbursement order determining who is entitled to the escrowed

27  property;

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

29  to arbitration;

30         c.  By interpleader or otherwise, seek adjudication of

31  the matter by a court; or

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 593

    Amendment No. 1 (for drafter's use only)





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

  2  matter to mediation.  The department may conduct mediation or

  3  may contract with public or private entities for mediation

  4  services. However, the mediation process must be successfully

  5  completed within 90 days following the last demand or the

  6  licensee shall promptly employ one of the other escape

  7  procedures contained in this section.  Payment for mediation

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

  9  department may adopt rules to implement this section.

10

11  In the alternative, a licensee may promptly disburse property

12  from a licensee's escrow account without notifying the

13  commission or employing one of the procedures listed in

14  subparagraphs a.-d. and, notwithstanding any civil liability

15  that may exist, no administrative complaint may be filed

16  against a licensee solely because the licensee disbursed

17  escrowed property without first notifying the commission or

18  employing one of the procedures listed in sub-subparagraphs

19  a.-d. If the licensee promptly employs one of the escape

20  procedures contained herein, and if she or he abides by the

21  order or judgment resulting therefrom, no administrative

22  complaint may be filed against the licensee for failure to

23  account for, deliver, or maintain the escrowed property. If

24  the buyer of a residential condominium unit delivers to a

25  licensee written notice of the buyer's intent to cancel the

26  contract for sale and purchase, as authorized by s. 718.503,

27  or if the buyer of real property in good faith fails to

28  satisfy the terms in the financing clause of a contract for

29  sale and purchase, the licensee may return the escrowed

30  property to the purchaser without notifying the commission or

31  initiating any of the procedures listed in sub-subparagraphs

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 593

    Amendment No. 1 (for drafter's use only)





  1  a.-d.

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

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

  4  contract where the contract requires the purchaser to place

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

  6  purchase price if the sale is consummated.

  7         (h)  Has shared a commission with, or paid a fee or

  8  other compensation to, a person not properly licensed as a

  9  broker, broker-salesperson, or salesperson under the laws of

10  this state, for the referral of real estate business, clients,

11  prospects, or customers, or for any one or more of the

12  services set forth in s. 475.01(1)(a). For the purposes of

13  this section, it is immaterial that the person to whom such

14  payment or compensation is given made the referral or

15  performed the service from within this state or elsewhere;

16  however, a licensed broker of this state may pay a referral

17  fee or share a real estate brokerage commission with a broker

18  licensed or registered under the laws of a foreign state so

19  long as the foreign broker does not violate any law of this

20  state. However, when a broker has compensated a salesperson or

21  a legal entity formed and controlled by a salesperson, that

22  salesperson may compensate persons associated with the

23  salesperson or legal entity.

24         (k)  Has failed, if a broker, to immediately place,

25  upon receipt, any money, fund, deposit, check, or draft

26  entrusted to her or him by any person dealing with her or him

27  as a broker in an escrow account with a title company, banking

28  institution, credit union, or savings and loan association

29  located and doing business in this state, or to deposit such

30  funds in a trust or escrow account maintained by her or him

31  with some bank, credit union, or savings and loan association

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 593

    Amendment No. 1 (for drafter's use only)





  1  located and doing business in this state, wherein the funds

  2  shall be kept and, with the written consent of the parties to

  3  a transaction, invested in a manner not inconsistent with s.

  4  18.10(2), until disbursement thereof is properly authorized;

  5  or has failed, if a salesperson, to immediately place with her

  6  or his registered employer any money, fund, deposit, check, or

  7  draft entrusted to her or him by any person dealing with her

  8  or him as agent of the registered employer. The commission

  9  shall establish rules to provide for records to be maintained

10  by the broker and the manner in which such deposits shall be

11  made. A broker may place and maintain up to $5,000 of personal

12  or brokerage business funds in the broker's escrow account and

13  shall be provided a reasonable amount of time to correct

14  escrow account errors if there is no shortage of funds and

15  such errors pose no significant threat to economically harm

16  the public.  It is the intent of the legislature that, in the

17  event of legal proceedings concerning a broker's escrow

18  account, the disbursement of escrowed funds shall not be

19  delayed due to any dispute over the personal or brokerage

20  funds that may be present in the escrow account.

21         Section 6.  This act shall take effect upon becoming a

22  law.

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page 1, lines 2-27,

28  remove:  all of said lines

29

30  and insert:

31         An act relating to real estate brokers and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 593

    Amendment No. 1 (for drafter's use only)





  1         salespersons; amending s. 475.01, F.S.;

  2         revising a definition; amending s. 475.011,

  3         F.S.; clarifying application of certain

  4         exemptions; amending s. 475.15, F.S.; deleting

  5         a provision requiring only general partners of

  6         a limited partnership to be registered;

  7         amending s. 475.22, F.S.; specifying certain

  8         sign requirements; amending s. 475.25, F.S.;

  9         revising certain provisions relating to

10         disciplinary actions; providing an alternative

11         procedure for disbursing moneys from an escrow

12         account; authorizing salespersons to compensate

13         certain associated persons under certain

14         circumstances; authorizing brokers to place and

15         maintain moneys in an escrow account under

16         certain circumstances; providing procedures for

17         withdrawal of moneys from the account;

18         providing an effective date.

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