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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  5                                           ORIGINAL STAMP BELOW
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11  The Committee on Business Regulation offered the following:
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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.
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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.
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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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    hri0001                     01:11 pm         00593-br  -213951