House Bill hb0593

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




    Florida House of Representatives - 2002                 HB 593

        By Representative Bilirakis






  1                      A bill to be entitled

  2         An act relating to real estate brokers and

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

  4         revising a definition; amending s. 475.011,

  5         F.S.; clarifying application of certain

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

  7         a provision requiring only general partners of

  8         a limited partnership to be registered;

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

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

11         revising certain provisions relating to

12         disciplinary actions; providing an alternative

13         procedure for disbursing moneys from an escrow

14         account; authorizing salespersons to compensate

15         certain associated persons under certain

16         circumstances; providing for sharing

17         commissions on cooperative real estate

18         transactions under certain circumstances;

19         authorizing brokers to place and maintain

20         moneys in an escrow account under certain

21         circumstances; providing procedures for

22         withdrawal of moneys from the account;

23         providing definitions; creating s. 475.252,

24         F.S.; specifying disposition of certain moneys

25         relating to rental agreements; providing an

26         exception to certain application; providing an

27         effective date.

28

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

30

31

                                  1

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






    Florida House of Representatives - 2002                 HB 593

    715-158-02






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

  2  475.01, Florida Statutes, is amended to read:

  3         475.01  Definitions.--

  4         (1)  As used in this part:

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

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

  7  act under the direction, control, or management of another

  8  person. A salesperson renders a professional service and is a

  9  professional within the meaning of s. 95.11(4)(a). Nothing in

10  this definition shall be construed to limit a salesperson from

11  registering as an officer or director of a brokerage

12  corporation or a general partner of a brokerage partnership.

13  A salesperson may also form a partnership, limited liability

14  company, limited liability partnership, or corporation with

15  brokers and other salespersons.

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

17  Florida Statutes, are amended to read:

18         475.011  Exemptions.--This part does not apply to:

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

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

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

22  a leasing capacity, provided the salaried employee works

23  without any other compensation being paid in addition to the

24  salary;

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

26  condominium or cooperative apartment complex as a result of

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

28  to the renting of individual units within such condominium or

29  cooperative apartment complex if rentals arranged by the

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

31

                                  2

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






    Florida House of Representatives - 2002                 HB 593

    715-158-02






  1  person works without any other compensation being paid in

  2  addition to the salary;

  3         Section 3.  Section 475.15, Florida Statutes, is

  4  amended to read:

  5         475.15  Registration and licensing of general partners,

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

  7  limited liability partnership, limited liability company, or

  8  corporation which acts as a broker shall register with the

  9  commission and shall renew the licenses or registrations of

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

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

12  general partners must be licensed brokers or brokerage

13  corporations registered pursuant to this part. If the license

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

15  force, the registration of a corporation, limited liability

16  company, limited liability partnership, or partnership is

17  canceled automatically during that period of time.

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

19  Statutes, is amended to read:

20         475.22  Broker to maintain office and sign at entrance

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

22  cooperate in investigation.--

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

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

25  stationary construction. Each active broker shall maintain a

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

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

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

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

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

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

                                  3

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






    Florida House of Representatives - 2002                 HB 593

    715-158-02






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

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

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

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

  5  broker" shall appear on the office entrance signs.

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

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

  8         475.25  Discipline.--

  9         (1)  The commission may deny an application for

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

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

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

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

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

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

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

17  licensee, registrant, permittee, or applicant:

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

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

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

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

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

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

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

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

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

27  has been obtained against the licensee and said judgment has

28  not been satisfied in accordance with the terms of the

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

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

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

                                  4

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






    Florida House of Representatives - 2002                 HB 593

    715-158-02






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

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

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

  4  entitled to the accounting and delivery of the escrowed

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

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

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

  8  licensee shall promptly notify the commission of such doubts

  9  or conflicting demands and shall promptly:

10         a.  Request that the commission issue an escrow

11  disbursement order determining who is entitled to the escrowed

12  property;

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

14  to arbitration;

15         c.  By interpleader or otherwise, seek adjudication of

16  the matter by a court; or

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

18  matter to mediation.  The department may conduct mediation or

19  may contract with public or private entities for mediation

20  services. However, the mediation process must be successfully

21  completed within 90 days following the last demand or the

22  licensee shall promptly employ one of the other escape

23  procedures contained in this section.  Payment for mediation

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

25  department may adopt rules to implement this section.

26

27  In the alternative, a licensee may promptly disburse moneys

28  from a licensee's escrow account without notifying the

29  commission or employing one of the procedures listed in

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

31  that may exist, no administrative complaint may be filed

                                  5

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






    Florida House of Representatives - 2002                 HB 593

    715-158-02






  1  against a licensee solely because the licensee chooses another

  2  means to account for, deliver, or maintain the escrowed

  3  property. If the licensee promptly employs one of the escape

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

  5  order or judgment resulting therefrom, no administrative

  6  complaint may be filed against the licensee for failure to

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

  8  the buyer of a residential condominium unit delivers to a

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

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

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

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

13  sale and purchase, the licensee may return the escrowed

14  property to the purchaser without notifying the commission or

15  initiating any of the procedures listed in sub-subparagraphs

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

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

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

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

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

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

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

29  payment or compensation is given made the referral or

30  performed the service from within this state or elsewhere;

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

                                  6

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






    Florida House of Representatives - 2002                 HB 593

    715-158-02






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

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

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

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

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

  6  salesperson may compensate persons associated with the

  7  salesperson or legal entity.  Nothing in this paragraph or s.

  8  475.41 is intended to prevent a Florida real estate broker

  9  from sharing a commission on a cooperative real estate

10  transaction, other than a residential sale as defined in s.

11  475.278(5)(a), with a person who holds an active real estate

12  license in another state or country, provided:

13         1.  Before the out-of-state real estate licensee

14  performs any act in this state that constitutes professional

15  real estate activity, the licensee and the cooperating real

16  estate broker in this state shall enter a written agreement

17  that states the terms of cooperation and compensation; that

18  the services set forth in s. 475.01(1)(a), if conducted in

19  this state, will be under the supervision and control of the

20  cooperating broker in this state; that the out-of-state

21  licensee will comply with all applicable laws of this state;

22  and that civil actions may be commenced against the licensee

23  in any court of competent jurisdiction in any county of this

24  state in which a claim may arise.

25         2.  The cooperating real estate broker in this state or

26  a real estate broker engaged by the cooperating broker

27  accompanies the out-of-state real estate licensee and the

28  client during any initial property showings.

29         3.  All subsequent property showings and all

30  negotiations regarding the cooperative real estate transaction

31  are conducted under the supervision, control, and express

                                  7

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






    Florida House of Representatives - 2002                 HB 593

    715-158-02






  1  permission of the cooperating real estate broker in this state

  2  or a real estate broker engaged by the cooperating broker.

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

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

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

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

  7  institution, credit union, or savings and loan association

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

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

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

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

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

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

14  18.10(2), until disbursement thereof is properly authorized;

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

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

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

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

19  shall establish rules to provide for records to be maintained

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

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

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

23  shall be provided a reasonable amount of time to correct

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

25  such errors pose no significant threat to economically harm

26  the public.  Funds deposited into a broker's escrow account

27  shall be available for withdrawal on the second business day

28  following the banking day on which the funds are deposited in

29  the case of a local check, and on the fifth business day

30  following the banking day on which funds are deposited in the

31  case of a nonlocal check.  A local check is any check that is

                                  8

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






    Florida House of Representatives - 2002                 HB 593

    715-158-02






  1  drawn on a bank within the same Federal Reserve

  2  check-processing region as the bank or branch that accepts the

  3  check for deposit.  A nonlocal check is any check that is

  4  drawn on a bank outside the Federal Reserve check-processing

  5  region as the bank or branch that accepts the check for

  6  deposit.

  7         Section 6.  Section 475.252, Florida Statutes, is

  8  created to read:

  9         475.252  Deposit money and advance rent.--Money

10  provided or advanced to a licensee by a tenant on a rental

11  agreement as rent, advance rent, or security for performance

12  of the rental agreement shall be held pursuant to s. 83.49(1).

13  Such moneys shall not be subject to the requirements of this

14  chapter or the rules of the Florida Real Estate Commission.

15         Section 7.  This act shall take effect upon becoming a

16  law.

17

18            *****************************************

19                          HOUSE SUMMARY

20
      Revises provisions regulating real estate brokers and
21    salespersons relating to registration of partners of a
      limited partnership, sign requirements, and disposition
22    of moneys relating to rental agreements. Revises
      provisions relating to specified disciplinary actions to
23    provide an alternative procedure for disbursing moneys
      from a broker's escrow account, authorize salespersons to
24    compensate associated persons, provide for sharing
      commissions on cooperative real estate transactions,
25    authorize brokers to place and maintain moneys in an
      escrow account, and provide procedures for withdrawal of
26    moneys from the account. See bill for details.

27

28

29

30

31

                                  9

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