HOUSE AMENDMENT Bill No. HB 1395 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Bilirakis offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 798 and 799, insert:
16	Section 21. Section 475.001, Florida Statutes, is amended
17	to read:
18	475.001 Purpose.--The Legislature deems it necessary in
19	the interest of the public welfare to regulate real estate
20	brokers, sales associatessalespersons, and schools in this
21	state.
22	Section 22. Section 475.01, Florida Statutes, is amended
23	to read:
24	475.01 Definitions.--
25	(1) As used in this part:
26	(a) "Broker" means a person who, for another, and for a
27	compensation or valuable consideration directly or indirectly
28	paid or promised, expressly or impliedly, or with an intent to
29	collect or receive a compensation or valuable consideration
30	therefor, appraises, auctions, sells, exchanges, buys, rents, or
31	offers, attempts or agrees to appraise, auction, or negotiate
32	the sale, exchange, purchase, or rental of business enterprises
33	or business opportunities or any real property or any interest
34	in or concerning the same, including mineral rights or leases,
35	or who advertises or holds out to the public by any oral or
36	printed solicitation or representation that she or he is engaged
37	in the business of appraising, auctioning, buying, selling,
38	exchanging, leasing, or renting business enterprises or business
39	opportunities or real property of others or interests therein,
40	including mineral rights, or who takes any part in the procuring
41	of sellers, purchasers, lessors, or lessees of business
42	enterprises or business opportunities or the real property of
43	another, or leases, or interest therein, including mineral
44	rights, or who directs or assists in the procuring of prospects
45	or in the negotiation or closing of any transaction which does,
46	or is calculated to, result in a sale, exchange, or leasing
47	thereof, and who receives, expects, or is promised any
48	compensation or valuable consideration, directly or indirectly
49	therefor; and all persons who advertise rental property
50	information or lists. A broker renders a professional service
51	and is a professional within the meaning of s. 95.11(4)(a).
52	Where the term "appraise" or "appraising" appears in the
53	definition of the term "broker," it specifically excludes those
54	appraisal services which must be performed only by a state-
55	licensed or state-certified appraiser, and those appraisal
56	services which may be performed by a registered assistant
57	appraiser as defined in part II. The term "broker" also includes
58	any person who is a general partner, officer, or director of a
59	partnership or corporation which acts as a broker. The term
60	"broker" also includes any person or entity who undertakes to
61	list or sell one or more timeshare periods per year in one or
62	more timeshare plans on behalf of any number of persons, except
63	as provided in ss. 475.011 and 721.20.
64	(b) "Broker associateBroker-salesperson" means a person
65	who is qualified to be issued a license as a broker but who
66	operates as a sales associatesalespersonin the employ of
67	another.
68	(c) "Commission" means the Florida Real Estate Commission.
69	(d) "Customer" means a member of the public who is or may
70	be a buyer or seller of real property and may or may not be
71	represented by a real estate licensee in an authorized brokerage
72	relationship.
73	(e) "Department" means the Department of Business and
74	Professional Regulation.
75	(f) "Fiduciary" means a broker in a relationship of trust
76	and confidence between that broker as agent and the seller or
77	buyer as principal. The duties of the broker as a fiduciary are
78	loyalty, confidentiality, obedience, full disclosure, and
79	accounting and the duty to use skill, care, and diligence.
80	(g) "Involuntarily inactive status" means the licensure
81	status that results when a license is not renewed at the end of
82	the license period prescribed by the department.
83	(h) "Principal" means the party with whom a real estate
84	licensee has entered into a single agent relationship.
85	(i) "Real property" or "real estate" means any interest or
86	estate in land and any interest in business enterprises or
87	business opportunities, including any assignment, leasehold,
88	subleasehold, or mineral right; however, the term does not
89	include any cemetery lot or right of burial in any cemetery; nor
90	does the term include the renting of a mobile home lot or
91	recreational vehicle lot in a mobile home park or travel park.
92	(j) "Sales associateSalesperson" means a person who
93	performs any act specified in the definition of "broker," but
94	who performs such act under the direction, control, or
95	management of another person. A sales associatesalesperson
96	renders a professional service and is a professional within the
97	meaning of s. 95.11(4)(a).
98	(k) "Single agent" means a broker who represents, as a
99	fiduciary, either the buyer or seller but not both in the same
100	transaction.
101	(l) "Transaction broker" means a broker who provides
102	limited representation to a buyer, a seller, or both, in a real
103	estate transaction, but does not represent either in a fiduciary
104	capacity or as a single agent. In a transaction broker
105	relationship, a buyer or seller is not responsible for the acts
106	of a licensee. Additionally, the parties to a real estate
107	transaction are giving up their rights to the undivided loyalty
108	of a licensee. This aspect of limited representation allows a
109	licensee to facilitate a real estate transaction by assisting
110	both the buyer and the seller, but a licensee shall not work to
111	represent one party to the detriment of the other party when
112	acting as a transaction broker to both parties.
113	(m) "Voluntarily inactive status" means the licensure
114	status that results when a licensee has applied to the
115	department to be placed on inactive status and has paid the fee
116	prescribed by rule.
117	(2) The terms "employ," "employment," "employer," and
118	"employee," when used in this chapter and in rules adopted
119	pursuant thereto to describe the relationship between a broker
120	and a sales associatesalesperson, include an independent
121	contractor relationship when such relationship is intended by
122	and established between a broker and a sales associate
123	salesperson. The existence of such relationship shall not
124	relieve either the broker or the sales associatesalespersonof
125	her or his duties, obligations, or responsibilities under this
126	chapter.
127	(3) Wherever the word "operate" or "operating" as a
128	broker, broker associatebroker-salesperson, or sales associate
129	salespersonappears in this chapter; in any order, rule, or
130	regulation of the commission; in any pleading, indictment, or
131	information under this chapter; in any court action or
132	proceeding; or in any order or judgment of a court, it shall be
133	deemed to mean the commission of one or more acts described in
134	this chapter as constituting or defining a broker, broker
135	associatebroker-salesperson, or sales associatesalesperson,
136	not including, however, any of the exceptions stated therein. A
137	single such act is sufficient to bring a person within the
138	meaning of this chapter, and each act, if prohibited herein,
139	constitutes a separate offense.
140	(4) A broker acting as a trustee of a trust created under
141	chapter 689 is subject to the provisions of this chapter unless
142	the trustee is a bank, state or federal association, or trust
143	company possessing trust powers as defined in s. 658.12(23).
144	Section 23. Section 475.011, Florida Statutes, is amended
145	to read:
146	475.011 Exemptions.--This part does not apply to:
147	(1) Any person acting as an attorney in fact for the
148	purpose of the execution of contracts or conveyances only; as an
149	attorney at law within the scope of her or his duties as such;
150	as a certified public accountant, as defined in chapter 473,
151	within the scope of her or his duties as such; as the personal
152	representative, receiver, trustee, or master under, or by virtue
153	of, an appointment by will or by order of a court of competent
154	jurisdiction; or as trustee under a deed of trust, or under a
155	trust agreement, the ultimate purpose and intent whereof is
156	charitable, is philanthropic, or provides for those having a
157	natural right to the bounty of the donor or trustor.;
158	(2) Any individual, corporation, partnership, trust, joint
159	venture, or other entity which sells, exchanges, or leases its
160	own real property; however, this exemption shall not be
161	available if and to the extent that an agent, employee, or
162	independent contractor paid a commission or other compensation
163	strictly on a transactional basis is employed to make sales,
164	exchanges, or leases to or with customers in the ordinary course
165	of an owner's business of selling, exchanging, or leasing real
166	property to the public.;
167	(3) Any employee of a public utility, a rural electric
168	cooperative, a railroad, or a state or local governmental agency
169	who acts within the scope of her or his employment, for which no
170	compensation in addition to the employee's salary is paid, to
171	buy, sell, appraise, exchange, rent, auction, or lease any real
172	property or any interest in real property for the use of her or
173	his employer.;
174	(4) Any salaried employee of an owner, or of a registered
175	broker for an owner, of an apartment community who works in an
176	onsite rental office of the apartment community in a leasing
177	capacity.;
178	(5) Any person employed for a salary as a manager of a
179	condominium or cooperative apartment complex as a result of any
180	activities or duties which the person may have in relation to
181	the renting of individual units within such condominium or
182	cooperative apartment complex if rentals arranged by the person
183	are for periods no greater than 1 year.;
184	(6) Any person, partnership, corporation, or other legal
185	entity which, for another and for compensation or other valuable
186	consideration, sells, offers to sell, advertises for sale, buys,
187	offers to buy, or negotiates the sale or purchase of radio,
188	television, or cable enterprises licensed and regulated by the
189	Federal Communications Commission pursuant to the Communications
190	Act of 1934. However, if the sale or purchase of the radio,
191	television, or cable enterprise involves the sale or lease of
192	land, buildings, fixtures, and all other improvements to the
193	land, a broker or sales associatesalespersonlicensed under
194	this chapter shall be retained for the portion of the
195	transaction which includes the land, buildings, fixtures, and
196	all other improvements to the land.; or
197	(7) Any full-time graduate student who is enrolled in a
198	commission-approved degree program in appraising at a college or
199	university in this state, if the student is acting under the
200	direct supervision of a licensed broker or a licensed or
201	certified appraiser and is engaged only in appraisal activities
202	related to the approved degree program. Any appraisal report by
203	the student must be issued in the name of the supervising
204	individual.
205	(8)(a) An owner of one or part of one or more timeshare
206	periods for the owner's own use and occupancy who later offers
207	one or more of such periods for resale.
208	(b) An exchange company, as that term is defined by s.
209	721.05(14), but only to the extent that the exchange company is
210	engaged in exchange program activities as described in and is in
211	compliance with s. 721.18.
212	(9) Any person registered, licensed, or certified by the
213	department under part II as an appraiser or assistant appraiser
214	performing appraisals in accordance with that part.
215	(10) Any person who appraises under the unit-rule method
216	of valuation a railroad or railroad terminal company assessed
217	for ad valorem tax purposes pursuant to s. 193.085.
218	(11) Any person, partnership, corporation, or other legal
219	entity which, for another and for compensation or other valuable
220	consideration, rents or advertises for rent, for transient
221	occupancy, any public lodging establishment licensed under
222	chapter 509.
223	(12) Any dealer registered under the Securities and
224	Exchange Act of 1934, as amended, or any federally insured
225	depository institution and any parent, subsidiary, or affiliate
226	thereof, in connection with the sale, exchange, purchase, or
227	rental of a business enterprise to or by a person who is an
228	accredited investor as defined by 15 U.S.C. s. 77b, the
229	Securities Act of 1933, or any regulation adopted thereunder.
230	This exemption applies whether stock or assets of the business
231	enterprise are purchased or sold. The exemption does not apply
232	to a sale, exchange, purchase, or rental of land, buildings,
233	fixtures or other improvements to the land which is not made in
234	connection with the sale, exchange, purchase, or rental of a
235	business enterprise. Any reference to rental in this subsection
236	includes a lease transaction.
237	(13) Any property management firm or any owner of an
238	apartment complex for the act of paying a finder's fee or
239	referral fee to an unlicensed person who is a tenant in such
240	apartment complex provided the value of the fee does not exceed
241	$50 per transaction. Nothing in this subsection authorizes an
242	unlicensed person to advertise or otherwise promote the person's
243	services in procuring or assisting in procuring prospective
244	lessees or tenants of apartment units. For purposes of this
245	subsection, "finder's fee" or "referral fee" means a fee paid,
246	credit towards rent, or some other thing of value provided to a
247	person for introducing or arranging an introduction between
248	parties to a transaction involving the rental or lease of an
249	apartment unit. It is a violation of s. 475.25(1)(h) and
250	punishable under s. 475.42 for a property management firm or any
251	owner of an apartment complex to pay a finder's fee or a
252	referral fee to an unlicensed person unless expressly authorized
253	by this subsection.
254	Section 24. Subsection (1) of section 475.02, Florida
255	Statutes, is amended to read:
256	475.02 Florida Real Estate Commission.--
257	(1) There is created within the department the Florida
258	Real Estate Commission. The commission shall consist of seven
259	members who shall be appointed by the Governor, subject to
260	confirmation by the Senate. Four members must be licensed
261	brokers, each of whom has held an active license for the 5 years
262	preceding appointment; one member must be a licensed broker or a
263	licensed sales associatesalespersonwho has held an active
264	license for the 2 years preceding appointment; and two members
265	must be persons who are not, and have never been, brokers or
266	sales associatessalespersons. At least one member of the
267	commission must be 60 years of age or older. The current members
268	may complete their present terms unless removed for cause.
269	Section 25. Section 475.04, Florida Statutes, is amended
270	to read:
271	475.04 Duty of commission to educate members of
272	profession.--
273	(1) The commission shall foster the education of brokers,
274	broker associatesbroker-salespersons, sales associates
275	salespersons, and instructors concerning the ethical, legal, and
276	business principles which should govern their conduct.
277	(2) For the purpose of performing its duty under
278	subsection (1) to educate persons holding a license or permit,
279	the commission may conduct, offer, sponsor, prescribe, or
280	approve real estate educational courses for all persons licensed
281	or permitted by the department as brokers, broker associates
282	broker-salespersons, sales associatessalespersons, or
283	instructors; and the cost and expense of such courses shall be
284	paid as provided in s. 475.125.
285	(3) The commission may also publish and sell, at a
286	reasonable price intended to cover costs, a handbook on this
287	chapter and other publications intended to be textbooks or
288	guidelines for study and guidance of students, applicants,
289	licensees, certificateholders, and permitholders, and members of
290	the general public, copyright of which shall be the property of
291	the state.
292	Section 26. Section 475.161, Florida Statutes, is created
293	to read:
294	475.161 Licensing of broker associates and sales
295	associates.--The commission shall license a broker associate or
296	sales associate as an individual or, upon the licensee providing
297	the commission with authorization from the Department of State,
298	as a professional corporation or limited liability company. A
299	license shall be issued in the licensee's legal name only and,
300	when appropriate, shall include the entity designation. This
301	section shall not operate to permit a broker associate or sales
302	associate to register or be licensed as a general partner,
303	member, manager, officer, or director of a brokerage firm under
304	s. 475.15.
305	Section 27. Section 475.17, Florida Statutes, is amended
306	to read:
307	475.17 Qualifications for practice.--
308	(1)(a) An applicant for licensure who is a natural person
309	must be at least 18 years of age; hold a high school diploma or
310	its equivalent; be honest, truthful, trustworthy, and of good
311	character; and have a good reputation for fair dealing. An
312	applicant for an active broker's license or a sales associate's
313	salesperson'slicense must be competent and qualified to make
314	real estate transactions and conduct negotiations therefor with
315	safety to investors and to those with whom the applicant may
316	undertake a relationship of trust and confidence. If the
317	applicant has been denied registration or a license or has been
318	disbarred, or the applicant's registration or license to
319	practice or conduct any regulated profession, business, or
320	vocation has been revoked or suspended, by this or any other
321	state, any nation, or any possession or district of the United
322	States, or any court or lawful agency thereof, because of any
323	conduct or practices which would have warranted a like result
324	under this chapter, or if the applicant has been guilty of
325	conduct or practices in this state or elsewhere which would have
326	been grounds for revoking or suspending her or his license under
327	this chapter had the applicant then been registered, the
328	applicant shall be deemed not to be qualified unless, because of
329	lapse of time and subsequent good conduct and reputation, or
330	other reason deemed sufficient, it appears to the commission
331	that the interest of the public and investors will not likely be
332	endangered by the granting of registration. The commission may
333	adopt rules requiring an applicant for licensure to provide
334	written information to the commission regarding the applicant's
335	good character.
336	(b) An application may be disapproved if the applicant has
337	acted or attempted to act, or has held herself or himself out as
338	entitled to act, during the period of 1 year next prior to the
339	filing of the application, as a real estate broker or sales
340	associatesalespersonin the state in violation of this chapter.
341	This paragraph may be deemed to bar any person from licensure
342	who has performed any of the acts or services described in s.
343	475.01(3), unless exempt pursuant to s. 475.011, during a period
344	of 1 year next preceding the filing of the application, or
345	during the pendency of the application, and until a valid
346	current license has been duly issued to the person, regardless
347	of whether the performance of the act or service was done for
348	compensation or valuable consideration.
349	(2)(a)1. In addition to other requirements under this
350	part, the commission may require the satisfactory completion of
351	one or more of the educational courses or equivalent courses
352	conducted, offered, sponsored, prescribed, or approved pursuant
353	to s. 475.04, taken at an accredited college, university, or
354	community college, at an area technical center, or at a
355	registered real estate school, as a condition precedent for any
356	person to become licensed or to renew her or his license as a
357	broker, broker associatebroker-salesperson, or sales associate
358	salesperson. The course or courses required for one to become
359	initially licensed shall not exceed a total of 63 classroom
360	hours of 50 minutes each, inclusive of examination, for a sales
361	associatesalespersonand 72 classroom hours of 50 minutes each,
362	inclusive of examination, for a broker. The satisfactory
363	completion of an examination administered by the accredited
364	college, university, or community college, by the area technical
365	center, or by the registered real estate school shall be the
366	basis for determining satisfactory completion of the course.
367	However, notice of satisfactory completion shall not be issued
368	if the student has absences in excess of 8 classroom hours.
369	2. A distance learning course or courses shall be approved
370	by the commission as an option to classroom hours as
371	satisfactory completion of the course or courses as required by
372	this section. The schools authorized by this section have the
373	option of providing classroom courses, distance learning
374	courses, or both. However, satisfactory completion of a
375	distance learning course requires the satisfactory completion of
376	a timed distance learning course examination. Such examination
377	shall not be required to be monitored or given at a centralized
378	location.
379	3. Such required course or courses must be made available
380	by correspondence or other suitable means to any person who, by
381	reason of hardship, as defined by rule, cannot attend the place
382	or places where the course or courses are regularly conducted or
383	does not have access to the distance learning course or courses.
384	(b) A person may not be licensed as a real estate broker
385	unless, in addition to the other requirements of law, the person
386	has held:
387	1. An active real estate sales associate'ssalesperson's
388	license for at least 12 months during the preceding 5 years in
389	the office of one or more real estate brokers licensed in this
390	state or any other state, territory, or jurisdiction of the
391	United States or in any foreign national jurisdiction;
392	2. A current and valid real estate sales associate's
393	salesperson'slicense for at least 12 months during the
394	preceding 5 years in the employ of a governmental agency for a
395	salary and performing the duties authorized in this part for
396	real estate licensees; or
397	3. A current and valid real estate broker's license for at
398	least 12 months during the preceding 5 years in any other state,
399	territory, or jurisdiction of the United States or in any
400	foreign national jurisdiction.
401
402	This paragraph does not apply to a person employed as a real
403	estate investigator by the Division of Real Estate, provided the
404	person has been employed as a real estate investigator for at
405	least 24 months. The person must be currently employed as a real
406	estate investigator to sit for the real estate broker's
407	examination and have held a valid and current sales associate's
408	salesperson'slicense for at least 12 months.
409	(c) A person who has been licensed as a real estate sales
410	associatesalespersonin Florida during the preceding 5 years
411	may not be licensed as a real estate broker unless, in addition
412	to the other requirements of law, she or he has completed the
413	sales associatesalespersonpostlicensure educational
414	requirements, if these requirements have been prescribed by the
415	commission pursuant to paragraph(3)(a).
416	(3)(a) The commission may prescribe a postlicensure
417	education requirement in order for a person to maintain a valid
418	sales associate'ssalesperson'slicense, which shall not exceed
419	45 classroom hours of 50 minutes each, inclusive of examination,
420	prior to the first renewal following initial licensure. If
421	prescribed, this shall consist of one or more commission-
422	approved courses which total at least 45 classroom hours on one
423	or more subjects which include, but are not limited to, property
424	management, appraisal, real estate finance, orthe economics of
425	real estate management, marketing, technology, sales and listing
426	of properties, business office management, courses teaching
427	practical real estate application skills, development of
428	business plans, marketing of property, and time management.
429	Required postlicensure education courses must be provided by an
430	accredited college, university, or community college, by an area
431	technical center, by a registered real estate school, or by a
432	commission-approved sponsor.
433	(b) Satisfactory completion of the postlicensure education
434	requirement is demonstrated by successfully meeting all
435	standards established for the commission-prescribed or
436	commission-approved institution or school. However, notice of
437	satisfactory completion shall not be issued if the student has
438	absences in excess of 10 percent of the required classroom hours
439	or has not satisfactorily completed a timed distance learning
440	course examination.
441	(c) The license of any sales associatesalespersonwho
442	does not complete the postlicensure education requirement prior
443	to the first renewal following initial licensure shall be
444	considered null and void. Such person wishing to again operate
445	as a real estate sales associatesalespersonmust requalify by
446	satisfactorily completing the sales associate'ssalesperson's
447	prelicensure course and passing the state examination for
448	licensure as a sales associatesalesperson.
449	(d) A sales associatesalespersonwho is required to
450	complete any postlicensure education requirement must complete
451	any postlicensure education requirement and hold a current and
452	valid licensein order to be eligible for licensure as a broker.
453	(4)(a) The commission may prescribe a postlicensure
454	education requirement in order for a person to maintain a valid
455	broker's license, which shall not exceed 60 classroom hours of
456	50 minutes each, inclusive of examination, prior to the first
457	renewal following initial licensure. If prescribed, this shall
458	consist of one or more commission-approved courses which total
459	at least 60 classroom hours on one or more subjects which
460	include, but are not limited to, advanced appraisal, advanced
461	property management, real estate marketing, business law,
462	advanced real estate investment analyses, advanced legal
463	aspects, general accounting, real estate economics,
464	syndications, commercial brokerage, feasibility analyses,
465	advanced real estate finance, residential brokerage, advanced
466	marketing, technology, advanced business planning, time
467	management,or real estate brokerage office operations. Required
468	postlicensure education courses must be provided by an
469	accredited college, university, or community college, by an area
470	technical center, by a registered real estate school, or by a
471	commission-approved sponsor.
472	(b) Satisfactory completion of the postlicensure education
473	requirement is demonstrated by successfully meeting all
474	standards established for the commission-prescribed or
475	commission-approved institution or school. However, notice of
476	satisfactory completion shall not be issued if the student has
477	absences in excess of 10 percent of the required classroom hours
478	or has not satisfactorily completed a timed distance learning
479	course examination.
480	(c) The license of any broker who does not complete the
481	postlicensure education requirement prior to the first renewal
482	following initial licensure shall be considered null and void.
483	If the licensee wishes to operate as a sales associate
484	salesperson, she or he may be issued a sales associate's
485	salesperson'slicense after providing proof that she or he has
486	satisfactorily completed the 14-hour continuing education course
487	within the 6 months following expiration of her or his broker's
488	license. To operate as a broker, the licensee must requalify by
489	satisfactorily completing the broker's prelicensure course and
490	passing the state examination for licensure as a broker.
491	(5)(a) The commission may allow an additional 6-month
492	period after the first renewal following initial licensure for
493	completing the postlicensure education courses for sales
494	associatessalespersonsand brokers who cannot, due to
495	individual physical hardship, as defined by rule, complete the
496	courses within the required time.
497	(b) Except as provided in subsection (4), sales associates
498	salespersonsand brokers are not required to meet the 14-hour
499	continuing education requirement prior to the first renewal
500	following initial licensure.
501	(c)1. A distance learning course or courses shall be
502	approved by the commission as an option to classroom hours as
503	satisfactory completion of the postlicensure education course or
504	courses as required by this section. The schools or sponsors
505	authorized by this section have the option of providing
506	classroom courses, distance learning courses, or both. However,
507	satisfactory completion of a distance learning postlicensure
508	education course or courses requires the satisfactory completion
509	of a timed distance learning course examination. Such
510	examination shall not be required to be monitored or given at a
511	centralized location.
512	2. The commission shall provide for postlicensure
513	education courses to be made available by correspondence or
514	other suitable means to any person who, by reason of hardship,
515	as defined by rule, cannot attend the place or places where
516	courses are regularly conducted or does not have access to the
517	distance learning courses.
518	(6) The postlicensure education requirements of this
519	section, and the education course requirements for one to become
520	initially licensed, do not apply to any applicant or licensee
521	who has received a 4-year degree in real estate from an
522	accredited institution of higher education.
523	(7) The commission may not approve prelicensure or
524	postlicensure distance learning courses for brokers, broker
525	associates, and sales associates by correspondence methods,
526	except in instances of hardship pursuant to subparagraphs
527	(2)(a)3. and (5)(c)2.
528	Section 28. Section 475.175, Florida Statutes, is amended
529	to read:
530	475.175 Examinations.--
531	(1) A person shall be entitled to take the license
532	examination to practice in this state if the person:
533	(a) Submits to the department the appropriate notarized or
534	electronically authenticated application and fee, two
535	photographs of herself or himself taken within the preceding
536	year,and a fingerprint card. The fingerprint card shall be
537	forwarded to the Division of Criminal Justice Information
538	Systems within the Department of Law Enforcement for purposes of
539	processing the fingerprint card to determine if the applicant
540	has a criminal history record. The fingerprint card shall also
541	be forwarded to the Federal Bureau of Investigation for purposes
542	of processing the fingerprint card to determine if the applicant
543	has a criminal history record. The information obtained by the
544	processing of the fingerprint card by the Florida Department of
545	Law Enforcement and the Federal Bureau of Investigation shall be
546	sent to the department for the purpose of determining if the
547	applicant is statutorily qualified for examination. Effective
548	July 1, 2006, an applicant shall provide fingerprints in
549	electronic format.
550	(b) Submits,at the time of examination the certificate
551	specified in subsection (2), the examination admissions
552	authorization lettercard issued by the commission,and proof of
553	identification.
554	(2) Each accredited college, university, community
555	college, or registered real estate school shall notify the
556	commission of the names of all persons who have satisfactorily
557	completed the educational requirements provided for in s.
558	475.17(2), (3), and (4) in a manner prescribed by the
559	commission. Furthermore, each such educational institution
560	shall provide to each person satisfactorily completing the
561	educational requirements provided for in s. 475.17(2), (3), and
562	(4)a certificate as proof of such satisfactory completion.
563	Section 29. Subsection (1) of section 475.181, Florida
564	Statutes, is amended to read:
565	475.181 Licensure.--
566	(1) The department shall license any applicant whom the
567	commission certifies, pursuant to subsection (2), to be
568	qualified to practice as a broker or sales associate
569	salesperson.
570	Section 30. Section 475.182, Florida Statutes, is amended
571	to read:
572	475.182 Renewal of license; continuing education.--
573	(1) The department shall renew a license upon receipt of
574	the renewal application and fee. The renewal application for an
575	active license as broker, broker associatebroker-salesperson,
576	or sales associatesalespersonshall include proof satisfactory
577	to the commission that the licensee has, since the issuance or
578	renewal of her or his current license, satisfactorily completed
579	at least 14 classroom hours of 50 minutes each of a continuing
580	education course during each biennium of a license period, as
581	prescribed by the commission. Approval or denial of a specialty
582	course must be based on the extent to which the course content
583	focuses on real estate issues relevant to the modern practice of
584	real estate by a real estate licensee, including technology used
585	in the real estate industry.The commission may accept as a
586	substitute for such continuing education course, on a classroom-
587	hour-for-classroom-hour basis, any satisfactorily completed
588	education course that the commission finds is adequate to
589	educate licensees within the intent of this section, including
590	an approved distance learning course. However, the commission
591	may not require, for the purpose of satisfactorily completing an
592	approved correspondence or distance learning course, a written
593	examination that is to be taken at a centralized location and is
594	to be monitored.
595	(2) The department shall adopt rules establishing a
596	procedure for the renewal of licenses at least every 4 years.
597	(3) Any license thatwhichis not renewed at the end of
598	the license period prescribed by the department shall
599	automatically revert to involuntarily inactive status. Such
600	license may subsequently be renewed only if the licensee meets
601	the other qualifications specified in s. 475.183.
602	(4) Sixty days beforeprior tothe end of the license
603	period and automatic reversion of a license to inactive status,
604	the department shall mail a notice of renewal and possible
605	reversion to the last known address of the licensee.
606	Section 31. Section 475.215, Florida Statutes, is amended
607	to read:
608	475.215 Multiple licenses.--
609	(1) A licensed broker may be issued upon request
610	additional licenses as a broker, but not as a sales associate
611	salesperson or as a broker associatebroker-salesperson,
612	whenever it is clearly shown that the requested additional
613	licenses are necessary to the conduct of real estate brokerage
614	business and that the additional licenses will not be used in a
615	manner likely to be prejudicial to any person, including a
616	licensee under this chapter.
617	(2) A sales associatesalesperson or broker associate
618	broker-salespersonshall have no more than one registered
619	employer at any one time.
620	Section 32. Subsection (1) of section 475.22, Florida
621	Statutes, is amended to read:
622	475.22 Broker to maintain office and sign at entrance of
623	office; registered office outside state; broker required to
624	cooperate in investigation.--
625	(1) Each active broker shall maintain an office, which
626	shall consist of at least one enclosed room in a building of
627	stationary construction. Each active broker shall maintain a
628	sign on or about the entrance of her or his principal office and
629	each branch office, which sign may be easily observed and read
630	by any person about to enter such office and shall be of such
631	form and minimum dimensions as shall be prescribed by the
632	commission. Each sign must contain the name of the broker,
633	together with the trade name, if any. For a partnership or
634	corporation, the sign must contain the name of the firm or
635	corporation or trade name of the firm or corporation, together
636	with the name of at least one of the brokers. At a minimum, the
637	words "licensed real estate broker" or "lic. real estate broker"
638	must appear on the office entrance signs.
639	Section 33. Section 475.23, Florida Statutes, is amended
640	to read:
641	475.23 License to expire on change of address.--A license
642	shall cease to be in force whenever a broker changes her or his
643	business address, a real estate school operating under a permit
644	issued pursuant to s. 475.451 changes its business address, or a
645	sales associatesalespersonworking for a broker or an
646	instructor working for a real estate school changes employer.
647	The licensee shall notify the commission of the change no later
648	than 10 days after the change, on a form provided by the
649	commission. When a broker or a real estate school changes
650	business address, the brokerage firm or school permitholder must
651	file with the commission a notice of the change of address,
652	along with the names of any sales associates or instructors who
653	are no longer employed by the brokerage or school. Such
654	notification shall also fulfill the change of address
655	notification requirements for sales associates who remain
656	employed by the brokerage and instructors who remain employed by
657	the school.
658	Section 34. Subsection (1) of section 475.25, Florida
659	Statutes, is amended, and subsections (5) and (6) are added to
660	said section, to read:
661	475.25 Discipline.--
662	(1) The commission may deny an application for licensure,
663	registration, or permit, or renewal thereof; may place a
664	licensee, registrant, or permittee on probation; may suspend a
665	license, registration, or permit for a period not exceeding 10
666	years; may revoke a license, registration, or permit; may impose
667	an administrative fine not to exceed $1,000 for each count or
668	separate offense; and may issue a reprimand, and any or all of
669	the foregoing, if it finds that the licensee, registrant,
670	permittee, or applicant:
671	(a) Has violated any provision of s. 455.227(1) or s.
672	475.42. However, licensees under this part are exempt from the
673	provisions of s. 455.227(1)(i).
674	(b) Has been guilty of fraud, misrepresentation,
675	concealment, false promises, false pretenses, dishonest dealing
676	by trick, scheme, or device, culpable negligence, or breach of
677	trust in any business transaction in this state or any other
678	state, nation, or territory; has violated a duty imposed upon
679	her or him by law or by the terms of a listing contract,
680	written, oral, express, or implied, in a real estate
681	transaction; has aided, assisted, or conspired with any other
682	person engaged in any such misconduct and in furtherance
683	thereof; or has formed an intent, design, or scheme to engage in
684	any such misconduct and committed an overt act in furtherance of
685	such intent, design, or scheme. It is immaterial to the guilt
686	of the licensee that the victim or intended victim of the
687	misconduct has sustained no damage or loss; that the damage or
688	loss has been settled and paid after discovery of the
689	misconduct; or that such victim or intended victim was a
690	customer or a person in confidential relation with the licensee
691	or was an identified member of the general public.
692	(c) Has advertised property or services in a manner which
693	is fraudulent, false, deceptive, or misleading in form or
694	content. The commission may adopt rules defining methods of
695	advertising that violate this paragraph.
696	(d)1. Has failed to account or deliver to any person,
697	including a licensee under this chapter, at the time which has
698	been agreed upon or is required by law or, in the absence of a
699	fixed time, upon demand of the person entitled to such
700	accounting and delivery, any personal property such as money,
701	fund, deposit, check, draft, abstract of title, mortgage,
702	conveyance, lease, or other document or thing of value,
703	including a share of a real estate commission if a civil
704	judgment relating to the practice of the licensee's profession
705	has been obtained against the licensee and said judgment has not
706	been satisfied in accordance with the terms of the judgment
707	within a reasonable time, or any secret or illegal profit, or
708	any divisible share or portion thereof, which has come into the
709	licensee's hands and which is not the licensee's property or
710	which the licensee is not in law or equity entitled to retain
711	under the circumstances. However, if the licensee, in good
712	faith, entertains doubt as to what person is entitled to the
713	accounting and delivery of the escrowed property, or if
714	conflicting demands have been made upon the licensee for the
715	escrowed property, which property she or he still maintains in
716	her or his escrow or trust account, the licensee shall promptly
717	notify the commission of such doubts or conflicting demands and
718	shall promptly:
719	a. Request that the commission issue an escrow
720	disbursement order determining who is entitled to the escrowed
721	property;
722	b. With the consent of all parties, submit the matter to
723	arbitration;
724	c. By interpleader or otherwise, seek adjudication of the
725	matter by a court; or
726	d. With the written consent of all parties, submit the
727	matter to mediation. The department may conduct mediation or
728	may contract with public or private entities for mediation
729	services. However, the mediation process must be successfully
730	completed within 90 days following the last demand or the
731	licensee shall promptly employ one of the other escape
732	procedures contained in this section. Payment for mediation will
733	be as agreed to in writing by the parties. The department may
734	adopt rules to implement this section.
735
736	If the licensee promptly employs one of the escape procedures
737	contained herein, and if she or heabides by the order or
738	judgment resulting therefrom, no administrative complaint may be
739	filed against the licensee for failure to account for, deliver,
740	or maintain the escrowed property. Under certain circumstances,
741	which the commission shall set forth by rule, a licensee may
742	disburse property from the licensee's escrow account without
743	notifying the commission or employing one of the procedures
744	listed in sub-subparagraphs a.-d.If the buyer of a residential
745	condominium unit delivers to a licensee written notice of the
746	buyer's intent to cancel the contract for sale and purchase, as
747	authorized by s. 718.503, or if the buyer of real property in
748	good faith fails to satisfy the terms in the financing clause of
749	a contract for sale and purchase, the licensee may return the
750	escrowed property to the purchaser without notifying the
751	commission or initiating any of the procedures listed in sub-
752	subparagraphs a.-d.
753	2. Has failed to deposit money in an escrow account when
754	the licensee is the purchaser of real estate under a contract
755	where the contract requires the purchaser to place deposit money
756	in an escrow account to be applied to the purchase price if the
757	sale is consummated.
758	(e) Has violated any of the provisions of this chapter or
759	any lawful order or rule made or issued under the provisions of
760	this chapter or chapter 455.
761	(f) Has been convicted or found guilty of, or entered a
762	plea of nolo contendere to, regardless of adjudication, a crime
763	in any jurisdiction which directly relates to the activities of
764	a licensed broker or sales associatesalesperson, or involves
765	moral turpitude or fraudulent or dishonest dealing. The record
766	of a conviction certified or authenticated in such form as to be
767	admissible in evidence under the laws of the state shall be
768	admissible as prima facie evidence of such guilt.
769	(g) Has had a broker's or sales associate'ssalesperson's
770	license revoked, suspended, or otherwise acted against, or has
771	had an application for such licensure denied, by the real estate
772	licensing agency of another state, territory, or country.
773	(h) Has shared a commission with, or paid a fee or other
774	compensation to, a person not properly licensed as a broker,
775	broker associatebroker-salesperson, or sales associate
776	salespersonunder the laws of this state, for the referral of
777	real estate business, clients, prospects, or customers, or for
778	any one or more of the services set forth in s. 475.01(1)(a).
779	For the purposes of this section, it is immaterial that the
780	person to whom such payment or compensation is given made the
781	referral or performed the service from within this state or
782	elsewhere; however, a licensed broker of this state may pay a
783	referral fee or share a real estate brokerage commission with a
784	broker licensed or registered under the laws of a foreign state
785	so long as the foreign broker does not violate any law of this
786	state.
787	(i) Has become temporarily incapacitated from acting as a
788	broker or sales associatesalespersonwith safety to investors
789	or those in a fiduciary relation with her or him because of
790	drunkenness, use of drugs, or temporary mental derangement; but
791	suspension of a license in such a case shall be only for the
792	period of such incapacity.
793	(j) Has rendered an opinion that the title to any property
794	sold is good or merchantable, except when correctly based upon a
795	current opinion of a licensed attorney at law, or has failed to
796	advise a prospective purchaser to consult her or his attorney on
797	the merchantability of the title or to obtain title insurance.
798	(k) Has failed, if a broker, to immediately place, upon
799	receipt, any money, fund, deposit, check, or draft entrusted to
800	her or him by any person dealing with her or him as a broker in
801	escrow with a title company, banking institution, credit union,
802	or savings and loan association located and doing business in
803	this state, or to deposit such funds in a trust or escrow
804	account maintained by her or him with some bank, credit union,
805	or savings and loan association located and doing business in
806	this state, wherein the funds shall be kept until disbursement
807	thereof is properly authorized; or has failed, if a sales
808	associatesalesperson, to immediately place with her or his
809	registered employer any money, fund, deposit, check, or draft
810	entrusted to her or him by any person dealing with her or him as
811	agent of the registered employer. The commission shall establish
812	rules to provide for records to be maintained by the broker and
813	the manner in which such deposits shall be made. A broker may
814	place and maintain up to $5,000 of personal or brokerage funds
815	in the broker's property management escrow account and up to
816	$1,000 of personal or brokerage funds in the broker's sales
817	escrow account. A broker shall be provided a reasonable amount
818	of time to correct escrow errors if there is no shortage of
819	funds and such errors pose no significant threat to economically
820	harm the public. It is the intent of the Legislature that, in
821	the event of legal proceedings concerning a broker's escrow
822	account, the disbursement of escrowed funds not be delayed due
823	to any dispute over the personal or brokerage funds that may be
824	present in the escrow account.
825	(l) Has made or filed a report or record which the
826	licensee knows to be false, has willfully failed to file a
827	report or record required by state or federal law, has willfully
828	impeded or obstructed such filing, or has induced another person
829	to impede or obstruct such filing; but such reports or records
830	shall include only those which are signed in the capacity of a
831	licensed broker or sales associatesalesperson.
832	(m) Has obtained a license by means of fraud,
833	misrepresentation, or concealment.
834	(n) Is confined in any county jail, postadjudication; is
835	confined in any state or federal prison or mental institution;
836	is under home confinement ordered in lieu of institutional
837	confinement; or, through mental disease or deterioration, can no
838	longer safely be entrusted to competently deal with the public.
839	(o) Has been found guilty, for a second time, of any
840	misconduct that warrants her or his suspension or has been found
841	guilty of a course of conduct or practices which show that she
842	or he is so incompetent, negligent, dishonest, or untruthful
843	that the money, property, transactions, and rights of investors,
844	or those with whom she or he may sustain a confidential
845	relation, may not safely be entrusted to her or him.
846	(p) Has failed to inform the commission in writing within
847	30 days after pleading guilty or nolo contendere to, or being
848	convicted or found guilty of, any felony.
849	(q) Has violated any provision of s. 475.2755 or s.
850	475.278, including the duties owed under those sections.
851	(r) Has failed in any written listing agreement to include
852	a definite expiration date, description of the property, price
853	and terms, fee or commission, and a proper signature of the
854	principal(s); and has failed to give the principal(s) a legible,
855	signed, true and correct copy of the listing agreement within 24
856	hours of obtaining the written listing agreement. The written
857	listing agreement shall contain no provision requiring the
858	person signing the listing to notify the broker of the intention
859	to cancel the listing after such definite expiration date.
860	(s) Has had a registration suspended, revoked, or
861	otherwise acted against in any jurisdiction. The record of the
862	disciplinary action certified or authenticated in such form as
863	to be admissible in evidence under the laws of the state shall
864	be admissible as prima facie evidence of such disciplinary
865	action.
866	(t) Has violated any standard for the development or
867	communication of a real estate appraisal or other provision of
868	the Uniform Standards of Professional Appraisal Practice, as
869	defined in s. 475.611, as approved and adopted by the Appraisal
870	Standards Board of the Appraisal Foundation, as defined in s.
871	475.611. This paragraph does not apply to a real estate broker
872	or sales associatesalespersonwho, in the ordinary course of
873	business, performs a comparative market analysis, gives a broker
874	price opinion, or gives an opinion of value of real estate.
875	However, in no event may this comparative market analysis,
876	broker price opinion, or opinion of value of real estate be
877	referred to as an appraisal, as defined in s. 475.611.
878	(5) An administrative complaint against a broker or broker
879	associate must be filed within 5 years after the time of the act
880	giving rise to the complaint or within 5 years after the time
881	the act is discovered or should have been discovered with the
882	exercise of due diligence.
883	(6) The commission shall promptly report to the proper
884	prosecuting authority any criminal violation of any statute
885	relating to the practice of a real estate profession regulated
886	by the commission.
887	Section 35. Section 475.2755, Florida Statutes, is amended
888	to read:
889	475.2755 Designated sales associatesalesperson.--
890	(1) For purposes of this part, in any real estate
891	transaction other than a residential sale as defined in s.
892	475.278(5)(a), and where the buyer and seller have assets of $1
893	million or more, the broker at the request of the customers may
894	designate sales associatessalespersonsto act as single agents
895	for different customers in the same transaction. Such designated
896	sales associatessalespersonsshall have the duties of a single
897	agent as outlined in s. 475.278(3), including disclosure
898	requirements in s. 475.278(3)(b) and (c). In addition to
899	disclosure requirements in s. 475.278(3)(b) and (c), the buyer
900	and seller as customers shall both sign disclosures stating that
901	their assets meet the threshold described in this subsection and
902	requesting that the broker use the designated sales associate
903	salespersonform of representation. In lieu of the transition
904	disclosure requirement in s. 475.278(3)(c)2., the required
905	disclosure notice shall include the following:
906
907	FLORIDA LAW PROHIBITS A DESIGNATED SALES ASSOCIATESALESPERSON
908	FROM DISCLOSING, EXCEPT TO THE BROKER OR PERSONS SPECIFIED BY
909	THE BROKER, INFORMATION MADE CONFIDENTIAL BY REQUEST OR AT THE
910	INSTRUCTION OF THE CUSTOMER THE DESIGNATED SALES ASSOCIATE
911	SALESPERSONIS REPRESENTING. HOWEVER, FLORIDA LAW ALLOWS A
912	DESIGNATED SALES ASSOCIATESALESPERSONTO DISCLOSE INFORMATION
913	ALLOWED TO BE DISCLOSED OR REQUIRED TO BE DISCLOSED BY LAW AND
914	ALSO ALLOWS A DESIGNATED SALES ASSOCIATESALESPERSONTO DISCLOSE
915	TO HIS OR HER BROKER, OR PERSONS SPECIFIED BY THE BROKER,
916	CONFIDENTIAL INFORMATION OF A CUSTOMER FOR THE PURPOSE OF
917	SEEKING ADVICE OR ASSISTANCE FOR THE BENEFIT OF THE CUSTOMER IN
918	REGARD TO A TRANSACTION. FLORIDA LAW REQUIRES THAT THE BROKER
919	MUST HOLD THIS INFORMATION CONFIDENTIAL AND MAY NOT USE SUCH
920	INFORMATION TO THE DETRIMENT OF THE OTHER PARTY.
921
922	(2) For purposes of this section, the term "buyer" means a
923	transferee or lessee in a real property transaction, and the
924	term "seller" means the transferor or lessor in a real property
925	transaction.
926	Section 36. Section 475.278, Florida Statutes, is amended
927	to read:
928	475.278 Authorized brokerage relationships; presumption of
929	transaction brokerage;required disclosures.--
930	(1) BROKERAGE RELATIONSHIPS.--
931	(a)Authorized brokerage relationships.--A real estate
932	licensee in this state may enter into a brokerage relationship
933	as either a single agent or as a transaction broker or as a
934	single agentwith potential buyers and sellers. A real estate
935	licensee may not operate as a disclosed or nondisclosed dual
936	agent. As used in this section, the term "dual agent" means a
937	broker who represents as a fiduciary both the prospective buyer
938	and the prospective seller in a real estate transaction. Once a
939	brokerage relationship is established,This part does not
940	prevent a licensee from changing from one brokerage relationship
941	to the other as long as the buyer or the seller, or both, gives
942	consent as required by subparagraph (3)(c)2. before the change
943	and the appropriate disclosure of duties as provided in this
944	part is made to the buyer or seller. This part does not require
945	a customer to enter into a brokerage relationship with any real
946	estate licensee.
947	(b) Presumption of transaction brokerage.--It shall be
948	presumed that all licensees are operating as transaction brokers
949	unless a single agent or no brokerage relationship is
950	established, in writing, with a customer.
951	(2) TRANSACTION BROKER RELATIONSHIP.--
952	(a) Transaction broker-duties of limited representation.--
953	A transaction broker provides a limited form of representation
954	to a buyer, a seller, or both in a real estate transaction but
955	does not represent either in a fiduciary capacity or as a single
956	agent. The duties of the real estate licensee in this limited
957	form of representation include the following:
958	1. Dealing honestly and fairly;
959	2. Accounting for all funds;
960	3. Using skill, care, and diligence in the transaction;
961	4. Disclosing all known facts that materially affect the
962	value of residential real property and are not readily
963	observable to the buyer;
964	5. Presenting all offers and counteroffers in a timely
965	manner, unless a party has previously directed the licensee
966	otherwise in writing;
967	6. Limited confidentiality, unless waived in writing by a
968	party. This limited confidentiality will prevent disclosure that
969	the seller will accept a price less than the asking or listed
970	price, that the buyer will pay a price greater than the price
971	submitted in a written offer, of the motivation of any party for
972	selling or buying property, that a seller or buyer will agree to
973	financing terms other than those offered, or of any other
974	information requested by a party to remain confidential; and
975	7. Any additional duties that are mutually agreed to with
976	a party.
977	(b) Disclosure requirements.--Duties of a transaction
978	broker must be fully described and disclosed in writing to a
979	buyer or seller either as a separate and distinct disclosure
980	document or included as part of another document such as a
981	listing agreement or agreement for representation. The
982	disclosure must be made before, or at the time of, entering into
983	a listing agreement or an agreement for representation or before
984	the showing of property, whichever occurs first. When
985	incorporated into other documents, the required notice must be
986	of the same size type, or larger, as other provisions of the
987	document and must be conspicuous in its placement so as to
988	advise customers of the duties of limited representation, except
989	that the first sentence of the information identified in
990	paragraph (c) must be printed in uppercase and bold type. This
991	paragraph expires July 1, 2008.
992	(c) Contents of disclosure.--The required notice given
993	under paragraph (b) must include the following information in
994	the following form:
995
996	IMPORTANT NOTICE
997
998	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS
999	NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.
1000
1001	You should not assume that any real estate broker or sales
1002	associatesalespersonrepresents you unless you agree to engage
1003	a real estate licensee in an authorized brokerage relationship,
1004	either as a single agent or as a transaction broker. You are
1005	advised not to disclose any information you want to be held in
1006	confidence until you make a decision on representation.
1007
1008	TRANSACTION BROKER NOTICE
1009
1010	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS
1011	TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE
1012	AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION.
1013
1014	As a transaction broker, ____________________ (insert name of
1015	Real Estate Firm and its Associates), provides to you a limited
1016	form of representation that includes the following duties:
1017	1. Dealing honestly and fairly;
1018	2. Accounting for all funds;
1019	3. Using skill, care, and diligence in the transaction;
1020	4. Disclosing all known facts that materially affect the
1021	value of residential real property and are not readily
1022	observable to the buyer;
1023	5. Presenting all offers and counteroffers in a timely
1024	manner, unless a party has previously directed the licensee
1025	otherwise in writing;
1026	6. Limited confidentiality, unless waived in writing by a
1027	party. This limited confidentiality will prevent disclosure that
1028	the seller will accept a price less than the asking or listed
1029	price, that the buyer will pay a price greater than the price
1030	submitted in a written offer, of the motivation of any party for
1031	selling or buying property, that a seller or buyer will agree to
1032	financing terms other than those offered, or of any other
1033	information requested by a party to remain confidential; and
1034	7. Any additional duties that are entered into by this or
1035	by separate written agreement.
1036
1037	Limited representation means that a buyer or seller is not
1038	responsible for the acts of the licensee. Additionally, parties
1039	are giving up their rights to the undivided loyalty of the
1040	licensee. This aspect of limited representation allows a
1041	licensee to facilitate a real estate transaction by assisting
1042	both the buyer and the seller, but a licensee will not work to
1043	represent one party to the detriment of the other party when
1044	acting as a transaction broker to both parties.
1045	__________Date ______________________________Signature
1046	@_@1@_@
1047	This paragraph expires July 1, 2008.
1048	(3) SINGLE AGENT RELATIONSHIP.--
1049	(a) Single agent-duties.--The duties of a real estate
1050	licensee owed to a buyer or seller who engages the real estate
1051	licensee as a single agent include the following:
1052	1. Dealing honestly and fairly;
1053	2. Loyalty;
1054	3. Confidentiality;
1055	4. Obedience;
1056	5. Full disclosure;
1057	6. Accounting for all funds;
1058	7. Skill, care, and diligence in the transaction;
1059	8. Presenting all offers and counteroffers in a timely
1060	manner, unless a party has previously directed the licensee
1061	otherwise in writing; and
1062	9. Disclosing all known facts that materially affect the
1063	value of residential real property and are not readily
1064	observable.
1065	(b) Disclosure requirements.--
1066	1. Single agent disclosure.--Duties of a single agent must
1067	be fully described and disclosed in writing to a buyer or seller
1068	either as a separate and distinct disclosure document or
1069	included as part of another document such as a listing agreement
1070	or other agreement for representation. The disclosure must be
1071	made before, or at the time of, entering into a listing
1072	agreement or an agreement for representation or before the
1073	showing of property, whichever occurs first. When incorporated
1074	into other documents, the required notice must be of the same
1075	size type, or larger, as other provisions of the document and
1076	must be conspicuous in its placement so as to advise customers
1077	of the duties of a single agent, except that the first sentence
1078	of the information identified in paragraph (c) must be printed
1079	in uppercase and bold type.
1080	2. Transition to transaction broker disclosure.--A single
1081	agent relationship may be changed to a transaction broker
1082	relationship at any time during the relationship between an
1083	agent and principal, provided the agent first obtains the
1084	principal's written consent to thegives the disclosure required
1085	under paragraph (2)(b) and the principal gives to the agent
1086	consent as required under subparagraph (c)2. before achange in
1087	relationship. This disclosure must be in writing to the
1088	principal either as a separate and distinct document or included
1089	as part of other documents such as a listing agreement or other
1090	agreements for representation. When incorporated into other
1091	documents, the required notice must be of the same size type, or
1092	larger, as other provisions of the document and must be
1093	conspicuous in its placement so as to advise customers of the
1094	duties of limited representation, except that the first sentence
1095	of the information identified in subparagraph (c)2. must be
1096	printed in uppercase and bold type.
1097	(c) Contents of disclosure.--
1098	1. Single agent duties disclosure.--The notice required
1099	under subparagraph (b)1. must include the following information
1100	in the following form:
1101
1102	IMPORTANT NOTICE
1103
1104	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS
1105	NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.
1106
1107	You should not assume that any real estate broker or sales
1108	associatesalespersonrepresents you unless you agree to engage
1109	a real estate licensee in an authorized brokerage relationship,
1110	either as a single agent or as a transaction broker. You are
1111	advised not to disclose any information you want to be held in
1112	confidence until you make a decision on representation.
1113
1114	SINGLE AGENT NOTICE
1115
1116	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS
1117	SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.
1118
1119	As a single agent, ____________________ (insert name of
1120	Real Estate Entity and its Associates) owe to you the following
1121	duties:
1122	1. Dealing honestly and fairly;
1123	2. Loyalty;
1124	3. Confidentiality;
1125	4. Obedience;
1126	5. Full disclosure;
1127	6. Accounting for all funds;
1128	7. Skill, care, and diligence in the transaction;
1129	8. Presenting all offers and counteroffers in a timely
1130	manner, unless a party has previously directed the licensee
1131	otherwise in writing; and
1132	9. Disclosing all known facts that materially affect the
1133	value of residential real property and are not readily
1134	observable.
1135	__________Date ______________________________Signature
1136	2. Transition disclosure.--To gain the principal's written
1137	consent to a change in relationship, a licensee must use the
1138	following disclosureThe notice required under subparagraph
1139	(b)2. must include the following information in the following
1140	form as well as the information required in paragraph (2)(c):
1141
1142	CONSENT TO TRANSITION TO TRANSACTION BROKER
1143
1144	FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER
1145	OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT
1146	RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER
1147	FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE
1148	TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO
1149	BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP
1150	CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT.
1151
1152	As a transaction broker, ____________________ (insert name of
1153	Real Estate Entity and its Associates), provides to you a
1154	limited form of representation that includes the following
1155	duties:
1156	1. Dealing honestly and fairly;
1157	2. Accounting for all funds;
1158	3. Using skill, care, and diligence in the transaction;
1159	4. Disclosing all known facts that materially affect the
1160	value of residential real property and are not readily
1161	observable to the buyer;
1162	5. Presenting all offers and counteroffers in a timely
1163	manner, unless a party has previously directed the licensee
1164	otherwise in writing;
1165	6. Limited confidentiality, unless waived in writing by a
1166	party. This limited confidentiality will prevent disclosure that
1167	the seller will accept a price less than the asking or listed
1168	price, that the buyer will pay a price greater than the price
1169	submitted in a written offer, of the motivation of any party for
1170	selling or buying property, that a seller or buyer will agree to
1171	financing terms other than those offered, or of any other
1172	information requested by a party to remain confidential; and
1173	7. Any additional duties that are entered into by this or
1174	by separate written agreement.
1175
1176	Limited representation means that a buyer or seller is not
1177	responsible for the acts of the licensee. Additionally, parties
1178	are giving up their rights to the undivided loyalty of the
1179	licensee. This aspect of limited representation allows a
1180	licensee to facilitate a real estate transaction by assisting
1181	both the buyer and the seller, but a licensee shall not work to
1182	represent one party to the detriment of the other party when
1183	acting as a transaction broker to both parties.
1184
1185	__________I agree that my agent may assume the role and duties
1186	of a transaction broker. [must be initialed or signed]
1187
1188	(4) NO BROKERAGE RELATIONSHIP.--
1189	(a) No brokerage relationship-duties.--A real estate
1190	licensee owes to a potential seller or buyer with whom the
1191	licensee has no brokerage relationship the following duties:
1192	1. Dealing honestly and fairly;
1193	2. Disclosing all known facts that materially affect the
1194	value of the residential real property which are not readily
1195	observable to the buyer; and
1196	3. Accounting for all funds entrusted to the licensee.
1197	(b) Disclosure requirements.--Duties of a licensee who has
1198	no brokerage relationship with a buyer or seller must be fully
1199	described and disclosed in writing to the buyer or seller. The
1200	disclosure must be made before the showing of property. When
1201	incorporated into other documents, the required notice must be
1202	of the same size type, or larger, as other provisions of the
1203	document and must be conspicuous in its placement so as to
1204	advise customers of the duties of a licensee that has no
1205	brokerage relationship with a buyer or seller, except that the
1206	first sentence of the information identified in paragraph (c)
1207	must be printed in uppercase bold type.
1208	(c) Contents of disclosure.--The notice required under
1209	paragraph (b) must include the following information in the
1210	following form:
1211
1212	IMPORTANT NOTICE
1213
1214	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS
1215	NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.
1216
1217	You should not assume that any real estate broker or sales
1218	associatesalespersonrepresents you unless you agree to engage
1219	a real estate licensee in an authorized brokerage relationship,
1220	either as a single agent or as a transaction broker. You are
1221	advised not to disclose any information you want to be held in
1222	confidence until you decide on representation.
1223
1224	NO BROKERAGE RELATIONSHIP NOTICE
1225
1226	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO
1227	BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE
1228	THEIR DUTIES TO SELLERS AND BUYERS.
1229
1230	As a real estate licensee who has no brokerage relationship
1231	with you, __________(insert name of Real Estate Entity and its
1232	Associates)_____ owe to you the following duties:
1233
1234	1. Dealing honestly and fairly;
1235	2. Disclosing all known facts that materially affect the
1236	value of residential real property which are not readily
1237	observable to the buyer.
1238	3. Accounting for all funds entrusted to the licensee.
1239
1240	... (Date) ... ... (Signature) ...
1241	(5) APPLICABILITY.--
1242	(a) Residential sales.--The real estate licensee
1243	disclosure requirements of this section apply to all residential
1244	sales. As used in this subsection, the term "residential sale"
1245	means the sale of improved residential property of four units or
1246	fewer, the sale of unimproved residential property intended for
1247	use of four units or fewer, or the sale of agricultural property
1248	of 10 acres or fewer.
1249	(b) Disclosure limitations.--
1250	1. The real estate disclosure requirements of this section
1251	do not apply when a licensee knows that the potential seller or
1252	buyer is represented by a single agent or a transaction broker;
1253	or when an owner is selling new residential units built by the
1254	owner and the circumstances or setting should reasonably inform
1255	the potential buyer that the owner's employee or single agent is
1256	acting on behalf of the owner, whether because of the location
1257	of the sales office or because of office signage or placards or
1258	identification badges worn by the owner's employee or single
1259	agent.
1260	2. The real estate licensee disclosure requirements of
1261	this section do not apply to: nonresidential transactions; the
1262	rental or leasing of real property, unless an option to purchase
1263	all or a portion of the property improved with four or fewer
1264	residential units is given; a bona fide "open house" or model
1265	home showing that does not involve eliciting confidential
1266	information, the execution of a contractual offer or an
1267	agreement for representation, or negotiations concerning price,
1268	terms, or conditions of a potential sale; unanticipated casual
1269	conversations between a licensee and a seller or buyer which do
1270	not involve eliciting confidential information, the execution of
1271	a contractual offer or agreement for representation, or
1272	negotiations concerning price, terms, or conditions of a
1273	potential sale; responding to general factual questions from a
1274	potential buyer or seller concerning properties that have been
1275	advertised for sale; situations in which a licensee's
1276	communications with a potential buyer or seller are limited to
1277	providing general factual information, oral or written, about
1278	the qualifications, background, and services of the licensee or
1279	the licensee's brokerage firm; auctions; appraisals; and
1280	dispositions of any interest in business enterprises or business
1281	opportunities, except for property with four or fewer
1282	residential units.
1283	Section 37. Subsection (1) of section 475.31, Florida
1284	Statutes, is amended to read:
1285	475.31 Final orders.--
1286	(1) An order revoking or suspending the license of a
1287	broker shall automatically causecancel the licenses of all
1288	sales associates and broker associatessalespersonsregistered
1289	with the broker, and, if a partnership or corporation, of all
1290	members, officers, and directors thereof to become involuntarily
1291	inactive, while the license of the broker is inoperative or
1292	until new employment or connection is secured.
1293	Section 38. Section 475.37, Florida Statutes, is amended
1294	to read:
1295	475.37 Effect of reversal of order of court or
1296	commission.--If the order of the court or commission denying a
1297	license or taking any disciplinary action against a licensee is
1298	finally reversed and set aside, the defendant shall be restored
1299	to her or his rights and privileges as a broker or sales
1300	associatesalespersonas of the date of filing the mandate or a
1301	copy thereof with the commission. The matters and things alleged
1302	in the information shall not thereafter be reexamined in any
1303	other proceeding concerning the licensure of the defendant. If
1304	the inquiry concerned was in reference to an application for
1305	licensure, the application shall stand approved, and such
1306	application shall be remanded for further proceedings according
1307	to law.
1308	Section 39. Section 475.41, Florida Statutes, is amended
1309	to read:
1310	475.41 Contracts of unlicensed person for commissions
1311	invalid.--No contract for a commission or compensation for any
1312	act or service enumerated in s. 475.01(3) is valid unless the
1313	broker or sales associatesalespersonhas complied with this
1314	chapter in regard to issuance and renewal of the license at the
1315	time the act or service was performed.
1316	Section 40. Subsection (1) of section 475.42, Florida
1317	Statutes, is amended to read:
1318	475.42 Violations and penalties.--
1319	(1) VIOLATIONS.--
1320	(a) ANo person may notshall operate as a broker or sales
1321	associatesalespersonwithout being the holder of a valid and
1322	current active license therefor. Any person who violates this
1323	paragraph commits a felony of the third degree, punishable as
1324	provided in s. 775.082 or s. 775.083, or, if a corporation, as
1325	provided in s. 775.083.
1326	(b) ANo person licensed as a sales associate may not
1327	salesperson shall operate as a broker or operate as a sales
1328	associatesalespersonfor any person not registered as her or
1329	his employer.
1330	(c) ANo broker may notshallemploy, or continue in
1331	employment, any person as a sales associatesalespersonwho is
1332	not the holder of a valid and current license as sales associate
1333	salesperson; but a license as sales associatesalespersonmay be
1334	issued to a person licensed as an active broker, upon request
1335	and surrender of the license as broker, without a fee in
1336	addition to that paid for the issuance of the broker's active
1337	license.
1338	(d) A sales associate may notNo salesperson shallcollect
1339	any money in connection with any real estate brokerage
1340	transaction, whether as a commission, deposit, payment, rental,
1341	or otherwise, except in the name of the employer and with the
1342	express consent of the employer; and no real estate sales
1343	associatesalesperson, whether the holder of a valid and current
1344	license or not, shall commence or maintain any action for a
1345	commission or compensation in connection with a real estate
1346	brokerage transaction against any person except a person
1347	registered as her or his employer at the time the sales
1348	associatesalespersonperformed the act or rendered the service
1349	for which the commission or compensation is due.
1350	(e) ANo person may notshallviolate any lawful order or
1351	rule of the commission which is binding upon her or him.
1352	(f) ANo person may notshallcommit any conduct or
1353	practice set forth in s. 475.25(1)(b), (c), (d), or (h).
1354	(g) ANo person may notshallmake any false affidavit or
1355	affirmation intended for use as evidence by or before the
1356	commission or a member thereof, or by any of its authorized
1357	representatives, nor mayshallany person give false testimony
1358	under oath or affirmation to or before the commission or any
1359	member thereof in any proceeding authorized by this chapter.
1360	(h) ANo person may notshallfail or refuse to appear at
1361	the time and place designated in a subpoena issued with respect
1362	to a violation of this chapter, unless because of facts that are
1363	sufficient to excuse appearance in response to a subpoena from
1364	the circuit court; nor mayshalla person who is present before
1365	the commission or a member thereof or one of its authorized
1366	representatives acting under authority of this chapter refuse to
1367	be sworn or to affirm or fail or refuse to answer fully any
1368	question propounded by the commission, the member, or such
1369	representative, or by any person by the authority of such
1370	officer or appointee; nor mayshallany person, so being
1371	present, conduct herself or himself in a disorderly,
1372	disrespectful, or contumacious manner.
1373	(i) ANo person may notshallobstruct or hinder in any
1374	manner the enforcement of this chapter or the performance of any
1375	lawful duty by any person acting under the authority of this
1376	chapter or interfere with, intimidate, or offer any bribe to any
1377	member of the commission or any of its employees or any person
1378	who is, or is expected to be, a witness in any investigation or
1379	proceeding relating to a violation of this chapter.
1380	(j) ANo broker or sales associate may notsalesperson
1381	shallplace, or cause to be placed, upon the public records of
1382	any county, any contract, assignment, deed, will, mortgage,
1383	affidavit, or other writing which purports to affect the title
1384	of, or encumber, any real property if the same is known to her
1385	or him to be false, void, or not authorized to be placed of
1386	record, or not executed in the form entitling it to be recorded,
1387	or the execution or recording whereof has not been authorized by
1388	the owner of the property, maliciously or for the purpose of
1389	collecting a commission, or to coerce the payment of money to
1390	the broker or sales associatesalespersonor other person, or
1391	for any unlawful purpose. However, nothing in this paragraph
1392	shall be construed to prohibit a broker or a sales associate
1393	salespersonfrom recording a judgment rendered by a court of
1394	this state or to prohibit a broker from placing a lien on a
1395	property where expressly permitted by contractual agreement.
1396	(k) ANo person may notshalloperate as a broker under a
1397	trade name without causing the trade name to be noted in the
1398	records of the commission and placed on the person's license, or
1399	so operate as a member of a partnership or as a corporation or
1400	as an officer or manager thereof, unless such partnership or
1401	corporation is the holder of a valid current registration.
1402	(l) ANo person may notshallknowingly conceal any
1403	information relating to violations of this chapter.
1404	(m) ANo person may notshallundertake to list or sell
1405	one or more timeshare periods per year in one or more timeshare
1406	plans on behalf of any number of persons without first being the
1407	holder of a valid and current license as a broker or sales
1408	associatesalespersonpursuant to this chapter, except as
1409	provided in s. 475.011 and chapter 721.
1410	(n) ANo broker or sales associate may notsalesperson
1411	shallenter into any listing or other agreement regarding her or
1412	his services in connection with the resale of a timeshare period
1413	unless the broker or sales associatesalespersonfully and
1414	fairly discloses all material aspects of the agreement to the
1415	owner of the timeshare period and fully complies with the
1416	provisions of s. 475.452. Further, ano broker or sales
1417	associate may not usesalesperson shall utilizeany form of
1418	contract or purchase and sale agreement in connection with the
1419	resale of a timeshare period unless the contract or purchase and
1420	sale agreement fully and fairly discloses all material aspects
1421	of the timeshare plan and the rights and obligations of both
1422	buyer and seller. The commission is authorized to adopt
1423	promulgaterules pursuant to chapter 120 as necessary to
1424	implement, enforce, and interpret this paragraph.
1425	(o) A person may not disseminate or cause to be
1426	disseminated by any means any false or misleading information
1427	for the purpose of offering for sale, or for the purpose of
1428	causing or inducing any other person to purchase, lease, or
1429	rent, real estate located in the state or for the purpose of
1430	causing or inducing any other person to acquire an interest in
1431	the title to real estate located in the state.
1432	Section 41. Section 475.43, Florida Statutes, is amended
1433	to read:
1434	475.43 Presumptions.--In all criminal cases, contempt
1435	cases, and other cases filed pursuant to this chapter, if a
1436	party has sold, leased, or let real estate, the title to which
1437	was not in the party when it was offered for sale, lease, or
1438	letting, or such party has maintained an office bearing signs
1439	that real estate is for sale, lease, or rental thereat, or has
1440	advertised real estate for sale, lease, or rental, generally, or
1441	describing property, the title to which was not in such party at
1442	the time, it shall be a presumption that such party was acting
1443	or attempting to act as a real estate broker, and the burden of
1444	proof shall be upon him or her to show that he or she was not
1445	acting or attempting to act as a broker or sales associate
1446	salesperson. All contracts, options, or other devices not based
1447	upon a substantial consideration, or that are otherwise employed
1448	to permit an unlicensed person to sell, lease, or let real
1449	estate, the beneficial title to which has not, in good faith,
1450	passed to such party for a substantial consideration, are hereby
1451	declared void and ineffective in all cases, suits, or
1452	proceedings had or taken under this chapter; however, this
1453	section shall not apply to irrevocable gifts, to unconditional
1454	contracts to purchase, or to options based upon a substantial
1455	consideration actually paid and not subject to any agreements to
1456	return or right of return reserved.
1457	Section 42. Section 475.451, Florida Statutes, is amended
1458	to read:
1459	475.451 Schools teaching real estate practice.--
1460	(1) Each person, school, or institution, except approved
1461	and accredited colleges, universities, community colleges, and
1462	area technical centers in this state, which offers or conducts
1463	any course of study in real estate practice, teaches any course
1464	prescribed by the commission as a condition precedent to
1465	licensure or renewal of licensure as a broker or sales associate
1466	salesperson, or teaches any course designed or represented to
1467	enable or assist applicants for licensure as brokers or sales
1468	associatessalespersonsto pass examinations for such licensure
1469	shall, before commencing or continuing further to offer or
1470	conduct such course or courses, obtain a permit from the
1471	department and abide by the regulations imposed upon such
1472	person, school, or institution by this chapter and rules of the
1473	commission adopted pursuant to this chapter. The exemption for
1474	colleges, universities, community colleges, and area technical
1475	centers is limited to transferable college credit courses
1476	offered by such institutions.
1477	(2) An applicant for a permit to operate a proprietary
1478	real estate school, to be a chief administrator of a proprietary
1479	real estate school or a state institution, or to be an
1480	instructor for a proprietary real estate school or a state
1481	institution must meet the qualifications for practice set forth
1482	in s. 475.17(1) and the following minimal requirements:
1483	(a) "School permitholder" means the individual who is
1484	responsible for directing the overall operation of a proprietary
1485	real estate school. A school permitholder must be the holder of
1486	a license as a broker, either active or voluntarily inactive, or
1487	must have passed an instructor's examination approved by the
1488	commission. A school permitholder must also meet the
1489	requirements of a school instructor if actively engaged in
1490	teaching.
1491	(b) "Chief administrative person" means the individual who
1492	is responsible for the administration of the overall policies
1493	and practices of the institution or proprietary real estate
1494	school. A chief administrative person must also meet the
1495	requirements of a school instructor if actively engaged in
1496	teaching.
1497	(c) "School instructor" means an individual who instructs
1498	persons in the classroom in noncredit college courses in a
1499	college, university, or community college or courses in an area
1500	technical center or proprietary real estate school.
1501	1. Before commencing to provide such instruction, the
1502	applicant must certify the applicant's competency and obtain an
1503	instructor permit by meeting one of the following requirements:
1504	a. Hold a bachelor's degree in a business-related subject,
1505	such as real estate, finance, accounting, business
1506	administration, or its equivalent and hold a valid broker's
1507	license in this state.
1508	b. Hold a bachelor's degree, have extensive real estate
1509	experience, as defined by rule, and hold a valid broker's
1510	license in this state.
1511	c. Pass an instructor's examination approved by the
1512	commission.
1513	2. Any requirement by the commission for a teaching
1514	demonstration or practical examination must apply to all school
1515	instructor applicants.
1516	3. The department shall renew an instructor permit upon
1517	receipt of a renewal application and fee. The renewal
1518	application shall include proof that the permitholder has, since
1519	the issuance or renewal of the current permit, successfully
1520	completed a minimum of 715classroom hours of instruction in
1521	real estate subjects or instructional techniques, as prescribed
1522	by the commission. The commission shall adopt rules providing
1523	for the renewal of instructor permits at least every 2 years.
1524	Any permit which is not renewed at the end of the permit period
1525	established by the department shall automatically revert to
1526	involuntarily inactive status.
1527
1528	The department may require an applicant to submit names of
1529	persons having knowledge concerning the applicant and the
1530	enterprise; may propound interrogatories to such persons and to
1531	the applicant concerning the character of the applicant,
1532	including the taking of fingerprints for processing through the
1533	Federal Bureau of Investigation; and shall make such
1534	investigation of the applicant or the school or institution as
1535	it may deem necessary to the granting of the permit. If an
1536	objection is filed, it shall be considered in the same manner as
1537	objections or administrative complaints against other applicants
1538	for licensure by the department.
1539	(3) It is unlawful for any person, school, or institution
1540	to offer the courses described in subsection (1) or to conduct
1541	classes in such courses, regardless of the number of pupils,
1542	whether by correspondence or otherwise, without first procuring
1543	a permit, or to guarantee that its pupils will pass any
1544	examinations required for licensure, or to represent that the
1545	issuance of a permit is any recommendation or endorsement of the
1546	person, school, or institution to which it is issued or of any
1547	course of instruction given thereunder.
1548	(4) Any person who violates this section commits a
1549	misdemeanor of the second degree, punishable as provided in s.
1550	775.082 or s. 775.083.
1551	(5) The location of classes and frequency of class
1552	meetings and the provision of distance learning courses shall be
1553	in the discretion of the school offering real estate courses, so
1554	long as such courses conform to s. 475.17(2).
1555	(6) Any course prescribed by the commission as a condition
1556	precedent to any person's becoming initially licensed as a sales
1557	associatesalespersonmay be taught in any real estate school
1558	through the use of a video tape of instruction by a currently
1559	permitted instructor from any such school or may be taught by
1560	distance learning pursuant to s. 475.17(2). The commission may
1561	require that any such video tape course have a single session of
1562	live instruction by a currently permitted instructor from any
1563	such school; however, this requirement shall not exceed 3
1564	classroom hours. All other prescribed courses, except the
1565	continuing education course required by s. 475.182, shall be
1566	taught by a currently permitted school instructor personally in
1567	attendance at such course or by distance learning pursuant to s.
1568	475.17. The continuing education course required by s. 475.182
1569	may be taught by distance learning pursuant to s. 475.17 or by
1570	an equivalent correspondence course; however, any such
1571	correspondence course shall be required to have a final
1572	examination, prepared and administered by the school issuing the
1573	correspondence course. The continuing education requirements
1574	provided in this section or provided in any other section in
1575	this chapter do not apply with respect to any attorney who is
1576	otherwise qualified under the provisions of this chapter.
1577	(7) Any person holding a school instructor permit on
1578	October 1, 1983, is exempt from the instructor examination
1579	requirements of paragraph (2)(c) as long as the person
1580	continuously holds such a permit and complies with all other
1581	requirements of this chapter.
1582	(7)(8)A permitholder under this section may be issued
1583	additional permits whenever it is clearly shown that the
1584	requested additional permits are necessary to the conduct of the
1585	business of a real estate school and that the additional permits
1586	will not be used in a manner likely to be prejudicial to any
1587	person, including a licensee or a permitholder under this
1588	chapter.
1589	Section 43. Subsections (4) and (5) of section 475.4511,
1590	Florida Statutes, are repealed.
1591	Section 44. Section 475.453, Florida Statutes, is amended
1592	to read:
1593	475.453 Rental information; contract or receipt; refund;
1594	penalty.--
1595	(1) Each broker or sales associatesalespersonwho
1596	attempts to negotiate a rental, or who furnishes rental
1597	information to a prospective tenant, for a fee paid by the
1598	prospective tenant shall provide such prospective tenant with a
1599	contract or receipt, which contract or receipt contains a
1600	provision for the repayment of any amount over 25 percent of the
1601	fee to the prospective tenant if the prospective tenant does not
1602	obtain a rental. If the rental information provided by the
1603	broker or sales associatesalespersonto a prospective tenant is
1604	not current or accurate in any material respect, the full fee
1605	shall be repaid to the prospective tenant upon demand. A demand
1606	from the prospective tenant for the return of the fee, or any
1607	part thereof, shall be made within 30 days following the day on
1608	which the real estate broker or sales associatesalespersonhas
1609	contracted to perform services to the prospective tenant. The
1610	contract or receipt shall also conform to the guidelines adopted
1611	by the commission in order to effect disclosure of material
1612	information regarding the service to be provided to the
1613	prospective tenant.
1614	(2) The commission may adopt a guideline for the form of
1615	the contract or receipt required to be provided by brokers or
1616	sales associatessalespersonspursuant to the provisions of
1617	subsection (1).
1618	(3)(a) Any person who violates any provision of subsection
1619	(1) is guilty of a misdemeanor of the first degree, punishable
1620	as provided in s. 775.082 or s. 775.083.
1621	(b) In addition to the penalty prescribed in paragraph
1622	(a), the license of any broker or sales associatesalesperson
1623	who participates in any rental information transaction which is
1624	in violation of the provisions of subsection (1) shall be
1625	subject to suspension or revocation by the commission in the
1626	manner prescribed by law.
1627	Section 45. Section 475.455, Florida Statutes, is amended
1628	to read:
1629	475.455 Exchange of disciplinary information.--The
1630	commission shall inform the Division of Florida Land Sales,
1631	Condominiums, and Mobile Homes of the Department of Business and
1632	Professional Regulation of any disciplinary action the
1633	commission has taken against any of its licensees. The division
1634	shall inform the commission of any disciplinary action the
1635	division has taken against any broker or sales associate
1636	salespersonregistered with the division.
1637	Section 46. Section 475.482, Florida Statutes, is amended
1638	to read:
1639	475.482 Real Estate Recovery Fund.--There is created the
1640	Florida Real Estate Recovery Fund as a separate account in the
1641	Professional Regulation Trust Fund.
1642	(1) The Florida Real Estate Recovery Fund shall be
1643	disbursed as provided in s. 475.484, on order of the commission,
1644	as reimbursement to any person, partnership, or corporation
1645	adjudged by a court of competent civil jurisdiction in this
1646	state to have suffered monetary damages by reason of any act
1647	committed, as a part of any real estate brokerage transaction
1648	involving real property in this state, by any broker or sales
1649	associatesalespersonwho:
1650	(a) Was, at the time the alleged act was committed, the
1651	holder of a current, valid, active real estate license issued
1652	under this part;
1653	(b) Was neither the seller, buyer, landlord, or tenant in
1654	the transaction nor an officer or a director of a corporation, a
1655	member of a partnership, a member of a limited liability
1656	company, or a partner of a limited liability partnership which
1657	was the seller, buyer, landlord, or tenant in the transaction;
1658	and
1659	(c) Was acting solely in the capacity of a real estate
1660	licensee in the transaction;
1661
1662	provided the act was a violation proscribed in s. 475.25 or s.
1663	475.42.
1664	(2) The Real Estate Recovery Fund shall also be disbursed
1665	as provided in s. 475.484, on order of the commission, as
1666	reimbursement to any broker or sales associatesalespersonwho
1667	is required by a court of competent civil jurisdiction to pay
1668	monetary damages due to a distribution of escrow moneys which is
1669	made in compliance with an escrow disbursement order issued by
1670	the commission. However, in no case shall the fund be disbursed
1671	when the broker or sales associatesalespersonfails to notify
1672	the commission and to diligently defend an action wherein the
1673	broker or sales associatesalespersonmay be required by a court
1674	of competent civil jurisdiction to pay monetary damages due to a
1675	distribution of escrow moneys which is made in compliance with
1676	an escrow disbursement order issued by the commission.
1677	(3) A fee of $3.50 per year shall be added to the license
1678	fee for both new licenses and renewals of licenses for brokers,
1679	and a fee of $1.50 per year shall be added for new licenses and
1680	renewals of licenses for sales associatessalespersons. This
1681	fee shall be in addition to the regular license fee and shall be
1682	deposited in or transferred to the Real Estate Recovery Fund.
1683	If the fund at any time exceeds $1 million$750,000, collection
1684	of special fees for this fund shall be discontinued at the end
1685	of the licensing renewal cycle. Such special fees shall not be
1686	reimposed unless the fund is reduced below $500,000 by
1687	disbursement made in accordance with this chapter.
1688	(4) In addition, all moneys collected from fines imposed
1689	by the commission and collected by the department shall be
1690	transferred into the Real Estate Recovery Fund.
1691	Section 47. Paragraph (a) of subsection (1) and
1692	subsections (2) and (3) of section 475.483, Florida Statutes,
1693	are amended to read:
1694	475.483 Conditions for recovery; eligibility.--
1695	(1) Any person is eligible to seek recovery from the Real
1696	Estate Recovery Fund if:
1697	(a) Such person has received a final judgment in a court
1698	of competent civil jurisdiction in this state against an
1699	individual broker or sales associatesalespersonin any action
1700	wherein the cause of action was based on a real estate brokerage
1701	transaction. If such person is unable to secure a final judgment
1702	against a licensee due to the death of the licensee, the
1703	commission may waive the requirement for a final judgment. The
1704	filing of a bankruptcy petition by a broker or sales associate
1705	salespersondoes not relieve a claimant from the obligation to
1706	obtain a final judgment against the licensee. In this instance,
1707	the claimant must seek to have assets involving the real estate
1708	transaction that gave rise to the claim removed from the
1709	bankruptcy proceedings so that the matter might be heard in a
1710	court of competent civil jurisdiction in this state. If, after
1711	due diligence, the claimant is precluded by action of the
1712	bankruptcy court from securing a final judgment against the
1713	licensee, the commission may waive the requirement for a final
1714	judgment.
1715	(2) A person is not qualified to make a claim for recovery
1716	from the Real Estate Recovery Fund, if:
1717	(a) Such person is the spouse of the judgment debtor or a
1718	personal representative of such spouse;
1719	(b) Such person is a licensed broker or sales associate
1720	salespersonwho acted as a single agent or transaction broker in
1721	the transaction that is the subject of the claim;
1722	(c) Such person's claim is based upon a real estate
1723	transaction in which the licensed broker or sales associate
1724	salespersonwas the owner of or controlled the property involved
1725	in the transaction; in which the licensee was dealing for the
1726	licensee's own account; or in which the licensee was not acting
1727	as a broker or sales associatesalesperson;
1728	(d) Such person's claim is based upon a real estate
1729	transaction in which the broker or sales associatesalesperson
1730	did not hold a valid, current, and active license at the time of
1731	the real estate transaction; or
1732	(e) The judgment is against a real estate brokerage
1733	corporation, partnership, limited liability company, or limited
1734	liability partnership.
1735	(3) The commission may pay attorney's fees and court costs
1736	If the claim is of the type described in s. 475.482(2), the
1737	commission shall pay the defendant's reasonable attorney's fees
1738	and court costs and, if the plaintiff prevails in court, the
1739	plaintiff's reasonable attorney's fees and court costs.
1740	Section 48. Subsections (1), (3), (4), (5), and (7) of
1741	section 475.484, Florida Statutes, are amended to read:
1742	475.484 Payment from the fund.--
1743	(1) Any person who meets all of the conditions prescribed
1744	in s. 475.482(1) or (2) may apply to the commission to cause
1745	payment to be made to such person from the Real Estate Recovery
1746	Fund:
1747	(a) Under s. 475.482(1), in an amount equal to the
1748	unsatisfied portion of such person's judgment or $50,000
1749	$25,000, whichever is less, but only to the extent and amount
1750	reflected in the judgment as being actual or compensatory
1751	damages. Except as provided in s. 475.483, treble damages, court
1752	costs, attorney's fees, and interest shall not be recovered from
1753	the fund.
1754	(b) Under s. 475.482(2), in an amount equal to the
1755	judgment against the broker or sales associatesalesperson or
1756	$50,000$25,000, whichever is less.
1757	(3) Payments for claims arising out of the same
1758	transaction shall be limited, in the aggregate, to $50,000
1759	$25,000, regardless of the number of claimants or parcels of
1760	real estate involved in the transaction.
1761	(4) Payments for claims based upon judgments against any
1762	one broker or sales associatesalespersonmay not exceed, in the
1763	aggregate, $150,000$75,000.
1764	(5) If at any time the moneys in the Real Estate Recovery
1765	Fund are insufficient to satisfy any valid claim or portion
1766	thereof, the commission shall satisfy such unpaid claim or
1767	portion thereof as soon as a sufficient amount of money has been
1768	deposited in or transferred to the fund. When there is more than
1769	one unsatisfied claim outstanding, such claims shall be paid in
1770	the order in which the claims were approved by the commission.
1771	However, if the total claims approved at any one commission
1772	meeting exceed the aggregate amount established in subsection
1773	(4) against any one broker or sales associatesalesperson, the
1774	claims approved on that day shall be prorated.
1775	(7) Upon the payment of any amount from the Real Estate
1776	Recovery Fund in settlement of a claim in satisfaction of a
1777	judgment against a broker or sales associatesalespersonas
1778	described in s. 475.482(1), the license of such broker or sales
1779	associatesalespersonshall be automatically suspended upon the
1780	date of payment from the fund. The license of such broker or
1781	sales associatesalespersonmay not be reinstated until the
1782	licensee has repaid in full, plus interest, the amount paid from
1783	the fund. No further administrative action is necessary. A
1784	discharge of bankruptcy does not relieve a licensee from the
1785	penalties and disabilities provided in this section, except to
1786	the extent that this subsection conflicts with 11 U.S.C. s. 525,
1787	in which case the commission may order the license not to be
1788	suspended or otherwise discriminated against.
1789	Section 49. Subsection (2) of section 475.5017, Florida
1790	Statutes, is amended to read:
1791	475.5017 Injunctive relief; powers.--
1792	(2) All expenses of the receiver shall be paid out of the
1793	assets of the brokerage firm upon application to and approval by
1794	the court. If the assets are not sufficient to pay all the
1795	expenses of the receiver, the court may order disbursement from
1796	the Real Estate Recovery Fund, which may not exceed $100,000
1797	$75,000per receivership.
1798	Section 50. Subsections (2) and (3) of section 475.612,
1799	Florida Statutes, are amended to read:
1800	475.612 Certification, licensure, or registration
1801	required.--
1802	(2) This section does not preclude a broker, sales
1803	associatesalesperson, or broker associatebroker-salesperson
1804	who is not a certified or licensed real estate appraiser or
1805	registered assistant real estate appraiser from appraising real
1806	estate for compensation. Such persons may continue to provide
1807	appraisals and appraisal services for compensation so long as
1808	they do not represent themselves as certified, licensed, or
1809	registered under this part.
1810	(3) This section does not apply to a real estate broker or
1811	sales associatesalespersonwho, in the ordinary course of
1812	business, performs a comparative market analysis, gives a broker
1813	price opinion, or gives an opinion of the value of real estate.
1814	However, in no event may this comparative market analysis,
1815	broker price opinion, or opinion of value of real estate be
1816	referred to or construed as an appraisal.
1817	Section 51. Section 689.25, Florida Statutes, is amended
1818	to read:
1819	689.25 Failure to disclose homicide, suicide, deaths, or
1820	diagnosis of HIV or AIDS infection in an occupant of real
1821	property.--
1822	(1)(a)The fact that an occupant of real property is
1823	infected or has been infected with human immunodeficiency virus
1824	or diagnosed with acquired immune deficiency syndrome is not a
1825	material fact that must be disclosed in a real estate
1826	transaction.
1827	(b) The fact that a property was, or was at any time
1828	suspected to have been, the site of a homicide, suicide, or
1829	death is not a material fact that must be disclosed in a real
1830	estate transaction.
1831	(2) ANo cause of action shall not arisearisesagainst an
1832	owner of real property,or his or her agent, anor against any
1833	agent of a transferee of real property, or a person licensed
1834	under chapter 475 for the failure to disclose to the transferee
1835	that the property was or was suspected to have been the site of
1836	a homicide, suicide, or death orthat an occupant of that
1837	property was infected with human immunodeficiency virus or
1838	diagnosed with acquired immune deficiency syndrome.
1839	Section 52. Sections 475.421 and 475.422, Florida
1840	Statutes, are repealed.
1841	Section 53. Paragraph (d) of subsection (3) of section
1842	83.49, Florida Statutes, is amended to read:
1843	83.49 Deposit money or advance rent; duty of landlord and
1844	tenant.--
1845	(3)
1846	(d) Compliance with this section by an individual or
1847	business entity authorized to conduct business in this state,
1848	including Florida-licensed real estate brokers and sales
1849	associatessalespersons, shall constitute compliance with all
1850	other relevant Florida Statutes pertaining to security deposits
1851	held pursuant to a rental agreement or other landlord-tenant
1852	relationship. Enforcement personnel shall look solely to this
1853	section to determine compliance. This section prevails over any
1854	conflicting provisions in chapter 475 and in other sections of
1855	the Florida Statutes, and shall operate to permit licensed real
1856	estate brokers to disburse security deposits and deposit money
1857	without having to comply with the notice and settlement
1858	procedures contained in s. 475.25(1)(d).
1859	Section 54. Paragraph (d) of subsection (15) of section
1860	440.02, Florida Statutes, is amended to read:
1861	440.02 Definitions.--When used in this chapter, unless the
1862	context clearly requires otherwise, the following terms shall
1863	have the following meanings:
1864	(15)
1865	(d) "Employee" does not include:
1866	1. An independent contractor, if:
1867	a. The independent contractor maintains a separate
1868	business with his or her own work facility, truck, equipment,
1869	materials, or similar accommodations;
1870	b. The independent contractor holds or has applied for a
1871	federal employer identification number, unless the independent
1872	contractor is a sole proprietor who is not required to obtain a
1873	federal employer identification number under state or federal
1874	requirements;
1875	c. The independent contractor performs or agrees to
1876	perform specific services or work for specific amounts of money
1877	and controls the means of performing the services or work;
1878	d. The independent contractor incurs the principal
1879	expenses related to the service or work that he or she performs
1880	or agrees to perform;
1881	e. The independent contractor is responsible for the
1882	satisfactory completion of work or services that he or she
1883	performs or agrees to perform and is or could be held liable for
1884	a failure to complete the work or services;
1885	f. The independent contractor receives compensation for
1886	work or services performed for a commission or on a per-job or
1887	competitive-bid basis and not on any other basis;
1888	g. The independent contractor may realize a profit or
1889	suffer a loss in connection with performing work or services;
1890	h. The independent contractor has continuing or recurring
1891	business liabilities or obligations; and
1892	i. The success or failure of the independent contractor' s
1893	business depends on the relationship of business receipts to
1894	expenditures.
1895
1896	However, the determination as to whether an individual included
1897	in the Standard Industrial Classification Manual of 1987,
1898	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
1899	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
1900	or a newspaper delivery person, is an independent contractor is
1901	governed not by the criteria in this paragraph but by common-law
1902	principles, giving due consideration to the business activity of
1903	the individual. Notwithstanding the provisions of this paragraph
1904	or any other provision of this chapter, with respect to any
1905	commercial building project estimated to be valued at $250,000
1906	or greater, a person who is actively engaged in the construction
1907	industry is not an independent contractor and is either an
1908	employer or an employee who may not be exempt from the coverage
1909	requirements of this chapter.
1910	2. A real estate licenseesalesperson or agent, if that
1911	person agrees, in writing, to perform for remuneration solely by
1912	way of commission.
1913	3. Bands, orchestras, and musical and theatrical
1914	performers, including disk jockeys, performing in licensed
1915	premises as defined in chapter 562, if a written contract
1916	evidencing an independent contractor relationship is entered
1917	into before the commencement of such entertainment.
1918	4. An owner-operator of a motor vehicle who transports
1919	property under a written contract with a motor carrier which
1920	evidences a relationship by which the owner-operator assumes the
1921	responsibility of an employer for the performance of the
1922	contract, if the owner-operator is required to furnish the
1923	necessary motor vehicle equipment and all costs incidental to
1924	the performance of the contract, including, but not limited to,
1925	fuel, taxes, licenses, repairs, and hired help; and the owner-
1926	operator is paid a commission for transportation service and is
1927	not paid by the hour or on some other time-measured basis.
1928	5. A person whose employment is both casual and not in the
1929	course of the trade, business, profession, or occupation of the
1930	employer.
1931	6. A volunteer, except a volunteer worker for the state or
1932	a county, municipality, or other governmental entity. A person
1933	who does not receive monetary remuneration for services is
1934	presumed to be a volunteer unless there is substantial evidence
1935	that a valuable consideration was intended by both employer and
1936	employee. For purposes of this chapter, the term "volunteer"
1937	includes, but is not limited to:
1938	a. Persons who serve in private nonprofit agencies and who
1939	receive no compensation other than expenses in an amount less
1940	than or equivalent to the standard mileage and per diem expenses
1941	provided to salaried employees in the same agency or, if such
1942	agency does not have salaried employees who receive mileage and
1943	per diem, then such volunteers who receive no compensation other
1944	than expenses in an amount less than or equivalent to the
1945	customary mileage and per diem paid to salaried workers in the
1946	community as determined by the department; and
1947	b. Volunteers participating in federal programs
1948	established under Pub. L. No. 93-113.
1949	7. Any officer of a corporation who elects to be exempt
1950	from this chapter.
1951	8. A sole proprietor or officer of a corporation who
1952	actively engages in the construction industry, and a partner in
1953	a partnership that is actively engaged in the construction
1954	industry, who elects to be exempt from the provisions of this
1955	chapter. Such sole proprietor, officer, or partner is not an
1956	employee for any reason until the notice of revocation of
1957	election filed pursuant to s. 440.05 is effective.
1958	9. An exercise rider who does not work for a single horse
1959	farm or breeder, and who is compensated for riding on a case-by-
1960	case basis, provided a written contract is entered into prior to
1961	the commencement of such activity which evidences that an
1962	employee/employer relationship does not exist.
1963	10. A taxicab, limousine, or other passenger vehicle-for-
1964	hire driver who operates said vehicles pursuant to a written
1965	agreement with a company which provides any dispatch, marketing,
1966	insurance, communications, or other services under which the
1967	driver and any fees or charges paid by the driver to the company
1968	for such services are not conditioned upon, or expressed as a
1969	proportion of, fare revenues.
1970	11. A person who performs services as a sports official
1971	for an entity sponsoring an interscholastic sports event or for
1972	a public entity or private, nonprofit organization that sponsors
1973	an amateur sports event. For purposes of this subparagraph, such
1974	a person is an independent contractor. For purposes of this
1975	subparagraph, the term "sports official" means any person who is
1976	a neutral participant in a sports event, including, but not
1977	limited to, umpires, referees, judges, linespersons,
1978	scorekeepers, or timekeepers. This subparagraph does not apply
1979	to any person employed by a district school board who serves as
1980	a sports official as required by the employing school board or
1981	who serves as a sports official as part of his or her
1982	responsibilities during normal school hours.
1983	Section 55. Paragraph (n) of subsection (21) of section
1984	443.036, Florida Statutes, is amended to read:
1985	443.036 Definitions.--As used in this chapter, unless the
1986	context clearly requires otherwise:
1987	(21) EMPLOYMENT.--"Employment," subject to the other
1988	provisions of this chapter, means any service performed by an
1989	employee for the person employing him or her.
1990	(n) Exclusions generally.--The term "employment" does not
1991	include:
1992	1. Domestic service in a private home, local college club,
1993	or local chapter of a college fraternity or sorority, except as
1994	provided in paragraph (g).
1995	2. Service performed on or in connection with a vessel or
1996	aircraft not an American vessel or American aircraft, if the
1997	employee is employed on and in connection with such vessel or
1998	aircraft when outside the United States.
1999	3. Service performed by an individual in, or as an officer
2000	or member of the crew of a vessel while it is engaged in, the
2001	catching, taking, harvesting, cultivating, or farming of any
2002	kind of fish, shellfish, crustacea, sponges, seaweeds, or other
2003	aquatic forms of animal and vegetable life, including service
2004	performed by any such individual as an ordinary incident to any
2005	such activity, except:
2006	a. Service performed in connection with the catching or
2007	taking of salmon or halibut for commercial purposes.
2008	b. Service performed on, or in connection with, a vessel
2009	of more than 10 net tons, determined in the manner provided for
2010	determining the register tonnage of merchant vessels under the
2011	laws of the United States.
2012	4. Service performed by an individual in the employ of his
2013	or her son, daughter, or spouse, including step relationships,
2014	and service performed by a child, or stepchild, under the age of
2015	21 in the employ of his or her father or mother, or stepfather
2016	or stepmother.
2017	5. Service performed in the employ of the United States
2018	Government or of an instrumentality of the United States which
2019	is:
2020	a. Wholly or partially owned by the United States.
2021	b. Exempt from the tax imposed by s. 3301 of the Internal
2022	Revenue Code by virtue of any provision of federal law which
2023	specifically refers to such section, or the corresponding
2024	section of prior law, in granting such exemption; except that to
2025	the extent that the Congress shall permit states to require any
2026	instrumentalities of the United States to make payments into an
2027	unemployment fund under a state unemployment compensation law,
2028	all of the provisions of this law shall be applicable to such
2029	instrumentalities, and to services performed for such
2030	instrumentalities, in the same manner, to the same extent, and
2031	on the same terms as to all other employers, employing units,
2032	individuals, and services. If this state is not certified for
2033	any year by the Secretary of Labor under s. 3304 of the federal
2034	Internal Revenue Code, the payments required of such
2035	instrumentalities with respect to such year shall be refunded by
2036	the division from the fund in the same manner and within the
2037	same period as is provided in s. 443.141(6) with respect to
2038	contributions erroneously collected.
2039	6. Service performed in the employ of a state, or any
2040	political subdivision thereof, or any instrumentality of any one
2041	or more of the foregoing which is wholly owned by one or more
2042	states or political subdivisions, except as provided in
2043	paragraph (b), and any service performed in the employ of any
2044	instrumentality of one or more states or political subdivisions,
2045	to the extent that the instrumentality is, with respect to such
2046	service, immune under the Constitution of the United States from
2047	the tax imposed by s. 3301 of the Internal Revenue Code.
2048	7. Service performed in the employ of a corporation,
2049	community chest, fund, or foundation, organized and operated
2050	exclusively for religious, charitable, scientific, testing for
2051	public safety, literary, or educational purposes, or for the
2052	prevention of cruelty to children or animals, no part of the net
2053	earnings of which inures to the benefit of any private
2054	shareholder or individual, no substantial part of the activities
2055	of which is carrying on propaganda or otherwise attempting to
2056	influence legislation, and which does not participate in, or
2057	intervene in (including the publishing or distributing of
2058	statements), any political campaign on behalf of any candidate
2059	for public office, except as provided in paragraph (c).
2060	8. Service with respect to which unemployment compensation
2061	is payable under an unemployment compensation system established
2062	by an Act of Congress.
2063	9.a. Service performed in any calendar quarter in the
2064	employ of any organization exempt from income tax under s.
2065	501(a) of the Internal Revenue Code, other than an organization
2066	described in s. 401(a), or under s. 521, if the remuneration for
2067	such service is less than $50.
2068	b. Service performed in the employ of a school, college,
2069	or university, if such service is performed by a student who is
2070	enrolled and is regularly attending classes at such school,
2071	college, or university.
2072	10. Service performed in the employ of a foreign
2073	government, including service as a consular or other officer or
2074	employee of a nondiplomatic representative.
2075	11. Service performed in the employ of an instrumentality
2076	wholly owned by a foreign government:
2077	a. If the service is of a character similar to that
2078	performed in foreign countries by employees of the United States
2079	Government or of an instrumentality thereof; and
2080	b. The Secretary of State shall certify to the Secretary
2081	of the Treasury that the foreign government, with respect to
2082	whose instrumentality exemption is claimed, grants an equivalent
2083	exemption with respect to similar service performed in the
2084	foreign country by employees of the United States Government and
2085	of instrumentalities thereof.
2086	12. Service performed as a student nurse in the employ of
2087	a hospital or a nurses' training school by an individual who is
2088	enrolled and is regularly attending classes in a nurses'
2089	training school chartered or approved pursuant to a state law;
2090	service performed as an intern in the employ of a hospital by an
2091	individual who has completed a 4-year course in a medical school
2092	chartered or approved pursuant to state law; and service
2093	performed by a patient of a hospital for such hospital.
2094	13. Service performed by an individual for a person as an
2095	insurance agent or as an insurance solicitor, if all such
2096	service performed by such individual for such person is
2097	performed for remuneration solely by way of commission, except
2098	for such services performed in accordance with 26 U.S.C.S. s.
2099	3306(c)(7) and (8). For purposes of this subsection, those
2100	benefits excluded from the definition of wages pursuant to
2101	subparagraphs (40)(b)2.-6., inclusive, shall not be considered
2102	remuneration.
2103	14. Service performed by an individual for a person as a
2104	real estate licenseesalesperson or agent, if all such service
2105	performed by such individual for such person is performed for
2106	remuneration solely by way of commission.
2107	15. Service performed by an individual under the age of 18
2108	in the delivery or distribution of newspapers or shopping news,
2109	not including delivery or distribution to any point for
2110	subsequent delivery or distribution.
2111	16. Service covered by an arrangement between the division
2112	and the agency charged with the administration of any other
2113	state or federal unemployment compensation law pursuant to which
2114	all services performed by an individual for an employing unit
2115	during the period covered by such employing unit's duly approved
2116	election are deemed to be performed entirely within such
2117	agency's state or under such federal law.
2118	17. Service performed by an individual who is enrolled at
2119	a nonprofit or public educational institution which normally
2120	maintains a regular faculty and curriculum and normally has a
2121	regularly organized body of students in attendance at the place
2122	where its educational activities are carried on as a student in
2123	a full-time program, taken for credit at such institution, which
2124	combines academic instruction with work experience, if such
2125	service is an integral part of such program, and such
2126	institution has so certified to the employer, except that this
2127	subparagraph does not apply to service performed in a program
2128	established for or on behalf of an employer or group of
2129	employers.
2130	18. Service performed by an individual for a person as a
2131	barber, if all such service performed by such individual for
2132	such person is performed for remuneration solely by way of
2133	commission.
2134	19. Casual labor not in the course of the employer's trade
2135	or business.
2136	20. Service performed by a speech therapist, occupational
2137	therapist, or physical therapist who is nonsalaried and working
2138	pursuant to a written contract with a home health agency as
2139	defined in s. 400.462.
2140	21. Service performed by a direct seller. For purposes of
2141	this subparagraph, the term "direct seller" means a person:
2142	a.(I) Who is engaged in the trade or business of selling
2143	or soliciting the sale of consumer products to buyers on a buy-
2144	sell basis or a deposit-commission basis, or on any similar
2145	basis, for resale in the home or in any other place that is not
2146	a permanent retail establishment; or
2147	(II) Who is engaged in the trade or business of selling or
2148	soliciting the sale of consumer products in the home or in any
2149	other place that is not a permanent retail establishment;
2150	b. Substantially all of whose remuneration for services
2151	described in sub-subparagraph a., whether or not paid in cash,
2152	is directly related to sales or other output, rather than to the
2153	number of hours worked; and
2154	c. Who performs such services pursuant to a written
2155	contract with the person for whom the services are performed,
2156	which contract provides that the person will not be treated as
2157	an employee with respect to such services for federal tax
2158	purposes.
2159	22. Service performed by a nonresident alien individual
2160	for the period he or she is temporarily present in the United
2161	States as a nonimmigrant under subparagraph (F) or subparagraph
2162	(J) of s. 101(a)(15) of the Immigration and Nationality Act, and
2163	which is performed to carry out the purpose specified in
2164	subparagraph (F) or subparagraph (J), as the case may be.
2165	23. Service performed by an individual for remuneration
2166	for a private, for-profit delivery or messenger service, if the
2167	individual:
2168	a. Is free to accept or reject jobs from the delivery or
2169	messenger service and the delivery or messenger service has no
2170	control over when the individual works;
2171	b. Is remunerated for each delivery, or the remuneration
2172	is based on factors that relate to the work performed, including
2173	receipt of a percentage of any rate schedule;
2174	c. Pays all expenses and the opportunity for profit or
2175	loss rests solely with the individual;
2176	d. Is responsible for operating costs, including fuel,
2177	repairs, supplies, and motor vehicle insurance;
2178	e. Determines the method of performing the service,
2179	including selection of routes and order of deliveries;
2180	f. Is responsible for the completion of a specific job and
2181	is liable for any failure to complete that job;
2182	g. Enters into a contract with the delivery or messenger
2183	service which specifies the relationship of the individual to
2184	the delivery or messenger service to be that of an independent
2185	contractor and not that of an employee; and
2186	h. Provides the vehicle used to perform the service.
2187	24. Service performed in agricultural labor by an
2188	individual who is an alien admitted to the United States to
2189	perform service in agricultural labor pursuant to ss.
2190	101(a)(15)(H) and 214(c) of the Immigration and Nationality Act.
2191	25. Service performed by a person who is an inmate of a
2192	penal institution.
2193	Section 56. Subsection (25) of section 501.604, Florida
2194	Statutes, is amended to read:
2195	501.604 Exemptions.--The provisions of this part, except
2196	ss. 501.608 and 501.616(6) and (7), do not apply to:
2197	(25) A person who is a licensed real estate salesperson or
2198	brokerpursuant to chapter 475 and who is soliciting within the
2199	scope of the chapter.
2200	Section 57. Subsection (4) of section 687.14, Florida
2201	Statutes, is amended to read:
2202	687.14 Definitions.--As used in this act, unless the
2203	context otherwise requires:
2204	(4) "Loan broker" means any person, except any bank or
2205	savings and loan association, trust company, building and loan
2206	association, credit union, consumer finance company, retail
2207	installment sales company, securities broker-dealer, real estate
2208	broker or sales associatesalesperson, attorney, federal Housing
2209	Administration or United States Department of Veterans Affairs
2210	approved lender, credit card company, installment loan licensee,
2211	mortgage broker or lender, or insurance company, provided that
2212	the person excepted is licensed by and subject to regulation or
2213	supervision of any agency of the United States or this state and
2214	is acting within the scope of the license; and also excepting
2215	subsidiaries of licensed or chartered consumer finance
2216	companies, banks, or savings and loan associations; who:
2217	(a) For or in expectation of consideration arranges or
2218	attempts to arrange or offers to fund a loan of money, a credit
2219	card, or a line of credit;
2220	(b) For or in expectation of consideration assists or
2221	advises a borrower in obtaining or attempting to obtain a loan
2222	of money, a credit card, a line of credit, or related guarantee,
2223	enhancement, or collateral of any kind or nature;
2224	(c) Acts for or on behalf of a loan broker for the purpose
2225	of soliciting borrowers; or
2226	(d) Holds herself or himself out as a loan broker.
2227	Section 58. Subsections (1) and (6) of section 721.20,
2228	Florida Statutes, are amended to read:
2229	721.20 Licensing requirements; suspension or revocation of
2230	license; exceptions to applicability; collection of advance fees
2231	for listings unlawful.--
2232	(1) Any seller of a timeshare plan must be a licensed real
2233	estate salesperson, broker, broker associate, or sales associate
2234	broker-salespersonas defined in s. 475.01, except as provided
2235	in s. 475.011.
2236	(6) Notwithstanding the provisions of s. 475.452, it is
2237	unlawful for any real estate broker, broker associate
2238	salesperson, or sales associatebroker-salespersonto collect
2239	any advance fee for the listing of any timeshare estate or
2240	timeshare license.
2241	Section 59. Paragraph (a) of subsection (1) of section
2242	760.29, Florida Statutes, is amended to read:
2243	760.29 Exemptions.--
2244	(1)(a) Nothing in ss. 760.23 and 760.25 applies to:
2245	1. Any single-family house sold or rented by its owner,
2246	provided such private individual owner does not own more than
2247	three single-family houses at any one time. In the case of the
2248	sale of a single-family house by a private individual owner who
2249	does not reside in such house at the time of the sale or who was
2250	not the most recent resident of the house prior to the sale, the
2251	exemption granted by this paragraph applies only with respect to
2252	one sale within any 24-month period. In addition, the bona fide
2253	private individual owner shall not own any interest in, nor
2254	shall there be owned or reserved on his or her behalf, under any
2255	express or voluntary agreement, title to, or any right to all or
2256	a portion of the proceeds from the sale or rental of, more than
2257	three single-family houses at any one time. The sale or rental
2258	of any single-family house shall be excepted from the
2259	application of ss. 760.20-760.37 only if the house is sold or
2260	rented:
2261	a. Without the use in any manner of the sales or rental
2262	facilities or the sales or rental services of any real estate
2263	licenseebroker, agent, or salespersonor such facilities or
2264	services of any person in the business of selling or renting
2265	dwellings, or of any employee or agent of any such licensee
2266	broker, agent, salesperson,or person; and
2267	b. Without the publication, posting, or mailing, after
2268	notice, of any advertisement or written notice in violation of
2269	s. 760.23(3).
2270
2271	Nothing in this provision prohibits the use of attorneys, escrow
2272	agents, abstractors, title companies, and other such
2273	professional assistance as is necessary to perfect or transfer
2274	the title.
2275	2. Rooms or units in dwellings containing living quarters
2276	occupied or intended to be occupied by no more than four
2277	families living independently of each other, if the owner
2278	actually maintains and occupies one of such living quarters as
2279	his or her residence.
2280
2281
2282	================= T I T L E A M E N D M E N T =================
2283	Remove line(s) 60, and insert:
2284	F.S.; conforming terminology; amending s. 475.001, F.S.;
2285	conforming terminology; amending s. 475.01, F.S.; redesignating
2286	"broker-salespersons" as "broker associates" and "salespersons"
2287	as "sales associates"; expanding the definition of "transaction
2288	broker"; amending s. 475.011, F.S.; conforming terminology;
2289	amending ss. 475.02 and 475.04, F.S.; conforming terminology;
2290	creating s. 475.161, F.S.; providing for licensing of broker
2291	associates and sales associates; amending s. 475.17, F.S.;
2292	revising qualifications for practice; authorizing additional
2293	subjects for postlicensure education; restricting approval of
2294	distance learning courses to instances of hardship; conforming
2295	terminology; amending s. 475.175, F.S.; revising requirements to
2296	take the license examination; revising requirements with respect
2297	to notice of completion of educational requirements; amending s.
2298	475.181, F.S.; conforming terminology; amending s. 475.182,
2299	F.S.; providing guidelines for approving specialty courses;
2300	conforming terminology; amending s. 475.215, F.S.; conforming
2301	terminology; amending s. 475.22, F.S.; revising requirements
2302	with respect to brokers' signs; amending s. 475.23, F.S.;
2303	providing for notice of change of address; conforming
2304	terminology; amending s. 475.25, F.S.; revising duties of
2305	licensees with respect to escrowed property; allowing a broker
2306	to place personal or brokerage funds in property management and
2307	sales escrow accounts; providing penalties; providing a time
2308	limit on filing complaints against a licensee; providing for
2309	referral of criminal violations to prosecuting authorities;
2310	conforming terminology; amending s. 475.2755, F.S.; conforming
2311	terminology; amending s. 475.278, F.S.; revising provisions
2312	relating to authorized brokerage relationships; providing a
2313	presumption of transaction brokerage; revising disclosure
2314	requirements; amending s. 475.31, F.S.; providing effect of
2315	revocation or suspension of a broker's license; conforming
2316	terminology; amending ss. 475.37 and 475.41, F.S.; conforming
2317	terminology; amending s. 475.42, F.S.; providing an additional
2318	ground for disciplinary action relating to false or misleading
2319	information on real estate located in the state; providing
2320	penalties; conforming terminology; amending s. 475.43, F.S.;
2321	conforming terminology; amending s. 475.451, F.S.; revising
2322	prerequisites for renewal of an instructor permit; removing an
2323	exemption from instructor examination requirements; conforming
2324	terminology; repealing s. 475.4511(4) and (5), F.S., relating to
2325	the prohibition against a school advertising in conjunction with
2326	an affiliated broker and publishing a "pass/fail" ratio;
2327	amending ss. 475.453 and 475.455, F.S.; conforming terminology;
2328	amending s. 475.482, F.S.; increasing the maximum amount that
2329	may be in the Real Estate Recovery Fund; conforming terminology;
2330	amending s. 475.483, F.S.; revising guidelines for payment of
2331	attorney's fees with respect to recovery from the fund;
2332	conforming terminology; amending ss. 475.484 and 475.5017, F.S.;
2333	increasing maximum amounts payable from the fund; conforming
2334	terminology; amending s. 475.612, F.S.; conforming terminology;
2335	amending s. 689.25, F.S.; prescribing facts and conditions the
2336	existence of which need not be disclosed in a real estate
2337	transaction; repealing s. 475.421, F.S., relating to publication
2338	of false or misleading information on real estate located in the
2339	state; repealing s. 475.422, F.S., relating to disclosure of
2340	termite and roof inspection reports; amending ss. 83.49, 440.02,
2341	443.036, 501.604, 687.14, 721.20, and 760.29, F.S.; conforming
2342	terminology; providing an effective date.