HB 0637 2003
1	A bill to be entitled
2	An act relating to regulation of real estate
3	professionals; amending s. 475.001, F.S.; redesignating
4	"salespersons" as "broker associates"; amending s. 475.01,
5	F.S.; defining and redefining terms; amending s. 475.011,
6	F.S.; revising exemptions from regulation requirements;
7	amending s. 475.02, F.S.; conforming terminology; amending
8	s. 475.03, F.S.; deleting authority of the Attorney
9	General with respect to retention of legal counsel by the
10	Florida Real Estate Commission; amending s. 475.04, F.S.;
11	conforming terminology; providing powers of independent
12	certification organizations; amending s. 475.15, F.S.;
13	revising requirements related to registration and
14	licensing of partnerships; amending s. 475.17, F.S.;
15	conforming terminology; requiring that distance learning
16	courses be interactive; authorizing additional subjects
17	for postlicensure education; amending s. 475.175, F.S.;
18	revising requirements for license examination
19	applications; amending s. 475.181, F.S.; conforming
20	terminology; amending s. 475.182, F.S.; providing
21	guidelines for approving specialty courses; providing for
22	duration of initial licenses; amending s. 475.215, F.S.;
23	conforming terminology; amending s. 475.22, F.S.; revising
24	requirements with respect to brokers' signs; amending s.
25	475.23, F.S.; providing for notice of change of address;
26	amending s. 475.25, F.S.; revising duties of licensees
27	with respect to escrowed property; providing guidelines
28	for real estate transactions in cooperation between
29	licensed professionals and professionals licensed out-of-
30	state; allowing a broker to place personal funds in his or
31	her escrow account; providing a time limit on filing
32	complaints against a licensee; requiring notice to
33	employer of disciplinary action against a licensee;
34	providing for referral of criminal violations to
35	prosecuting authorities; amending s. 475.2755, F.S.;
36	conforming terminology and references; amending s.
37	475.278, F.S.; revising provisions relating to authorized
38	brokerage relationships; providing a presumption of
39	transaction brokerage; revising disclosure requirements;
40	amending s. 475.31, F.S.; providing effect of revocation
41	or suspension of broker's license; amending s. 475.37,
42	F.S.; conforming terminology; creating s. 475.4005, F.S.;
43	providing penalties for unlicensed practice of real
44	estate; providing for cease and desist orders; authorizing
45	rules; providing for deposit of fines, fees, and costs
46	collected; amending s. 475.41, F.S.; conforming
47	terminology; amending s. 475.42, F.S.; conforming
48	terminology; providing an additional ground for
49	disciplinary action; providing penalties; amending s.
50	475.43, F.S.; conforming terminology; amending s. 475.451,
51	F.S.; revising prerequisites for renewal of an instructor
52	permit; revising period for which instructor permits may
53	be issued; repealing the prohibition against real estate
54	schools advertising a guarantee that their pupils will
55	pass licensure examinations; removing an exemption from
56	instructor examination requirements; repealing s.
57	475.4511(3)-(5), F.S.; repealing prohibitions against
58	advertising that provides inducements to enroll based on
59	an employment guarantee, that is in conjunction with an
60	affiliated broker, and that refers to examination
61	pass/fail ratios; amending ss. 475.453 and 475.455, F.S.;
62	conforming terminology; amending s. 475.482, F.S.;
63	increasing the maximum amount that may be in the Real
64	Estate Recovery Fund; amending s. 475.483, F.S.; revising
65	guidelines for payment of attorney's fees with respect to
66	recovery from the fund; amending ss. 475.484 and 475.5017,
67	F.S.; increasing maximum amounts payable from the fund;
68	amending s. 475.612, F.S.; conforming terminology;
69	amending s. 689.25, F.S.; prescribing facts and conditions
70	the existence of which need not be disclosed in a real
71	estate transaction; repealing s. 475.421, F.S., relating
72	to publication of false or misleading information;
73	repealing s. 475.422, F.S., relating to disclosure;
74	repealing s. 475.452, F.S., relating to advance fees;
75	amending ss. 83.49, 440.02, 443.036, 501.604, 687.14,
76	721.20, and 760.29, F.S.; conforming terminology and
77	references; providing an effective date.
78
79	Be It Enacted by the Legislature of the State of Florida:
80
81	Section 1. Section 475.001, Florida Statutes, is amended
82	to read:
83	475.001 Purpose.--The Legislature deems it necessary in
84	the interest of the public welfare to regulate real estate
85	brokers, broker associatessalespersons, and schools in this
86	state.
87	Section 2. Section 475.01, Florida Statutes, is amended to
88	read:
89	475.01 Definitions.--
90	(1) As used in this part:
91	(a) "Broker" means a person who, for another, and for a
92	compensation or valuable consideration directly or indirectly
93	paid or promised, expressly or impliedly, or with an intent to
94	collect or receive a compensation or valuable consideration
95	therefor, appraises, auctions, sells, exchanges, buys, rents, or
96	offers, attempts or agrees to appraise, auction, or negotiate
97	the sale, exchange, purchase, or rental of business enterprises
98	or business opportunities or any real property or any interest
99	in or concerning the same, including mineral rights or leases,
100	or who advertises or holds out to the public by any oral or
101	printed solicitation or representation that she or he is engaged
102	in the business of appraising, auctioning, buying, selling,
103	exchanging, leasing, or renting business enterprises or business
104	opportunities or real property of others or interests therein,
105	including mineral rights, or who takes any part in the procuring
106	of sellers, purchasers, lessors, or lessees of business
107	enterprises or business opportunities or the real property of
108	another, or leases, or interest therein, including mineral
109	rights, or who directs or assists in the procuring of prospects
110	or in the negotiation or closing of any transaction which does,
111	or is calculated to, result in a sale, exchange, or leasing
112	thereof, and who receives, expects, or is promised any
113	compensation or valuable consideration, directly or indirectly
114	therefor; and all persons who advertise rental property
115	information or lists. A broker renders a professional service
116	and is a professional within the meaning of s. 95.11(4)(a).
117	Where the term "appraise" or "appraising" appears in the
118	definition of the term "broker," it specifically excludes those
119	appraisal services which must be performed only by a state-
120	licensed or state-certified appraiser, and those appraisal
121	services which may be performed by a registered assistant
122	appraiser as defined in part II. The term "broker" also includes
123	any person who is a general partner, officer, or director of a
124	partnership or corporation which acts as a broker.The term
125	"broker" also includes any person who is qualified to be issued
126	a license as a broker but who operates as a broker associate in
127	the employ of another and anyperson or entity who undertakes to
128	list or sell one or more timeshare periods per year in one or
129	more timeshare plans on behalf of any number of persons, except
130	as provided in ss. 475.011 and 721.20.
131	(b) "Broker associate" means a person who performs any act
132	specified in the definition of "broker" but who performs such
133	act under the employment of another person. A broker associate
134	renders a professional service and is a professional within the
135	meaning of s. 95.11(4)(a). This definition does not limit a
136	broker associate from registering as an officer or director of a
137	brokerage corporation or a general partner of a brokerage
138	partnership. A broker associate may also form or be a member of
139	a partnership, limited liability company, limited liability
140	partnership, or corporation with brokers and other broker
141	associates."Broker-salesperson" means a person who is qualified
142	to be issued a license as a broker but who operates as a
143	salesperson in the employ of another.
144	(c) "Commission" means the Florida Real Estate Commission.
145	(d) "Customer" means a member of the public who is or may
146	be a buyer or seller of real property and may or may not be
147	represented by a real estate licensee in an authorized brokerage
148	relationship.
149	(e) "Department" means the Department of Business and
150	Professional Regulation.
151	(f) "Fiduciary" means a broker in a relationship of trust
152	and confidence between that broker as agent and the seller or
153	buyer as principal. The duties of the broker as a fiduciary are
154	loyalty, confidentiality, obedience, full disclosure, and
155	accounting and the duty to use skill, care, and diligence.
156	(g) "Involuntarily inactive status" means the licensure
157	status that results when a license is not renewed at the end of
158	the license period prescribed by the department.
159	(h) "Principal" means the party with whom a real estate
160	licensee has entered into a single agent relationship.
161	(i) "Real property" or "real estate" means any interest or
162	estate in land and any interest in business enterprises or
163	business opportunities, including any assignment, leasehold,
164	subleasehold, or mineral right; however, the term does not
165	include any cemetery lot or right of burial in any cemetery; nor
166	does the term include the renting of a mobile home lot or
167	recreational vehicle lot in a mobile home park or travel park.
168	(j) "Salesperson" means a person who performs any act
169	specified in the definition of "broker," but who performs such
170	act under the direction, control, or management of another
171	person. A salesperson renders a professional service and is a
172	professional within the meaning of s. 95.11(4)(a).
173	(j)(k)"Single agent" means a broker who represents, as a
174	fiduciary, either the buyer or seller but not both in the same
175	transaction.
176	(k)(l)"Transaction broker" means a broker who provides
177	limited representation to a buyer, a seller, or both, in a real
178	estate transaction, but does not represent either in a fiduciary
179	capacity or as a single agent. In a transaction broker
180	relationship, a buyer or seller is not responsible for the acts
181	of a licensee. Additionally, the parties to a real estate
182	transaction are giving up their rights to the undivided loyalty
183	of a licensee. This aspect of limited representation allows a
184	licensee to facilitate a real estate transaction by assisting
185	both the buyer and the seller, but a licensee will not work to
186	represent one party to the detriment of the other party when
187	acting as a transaction broker to both parties.
188	(l)(m)"Voluntarily inactive status" means the licensure
189	status that results when a licensee has applied to the
190	department to be placed on inactive status and has paid the fee
191	prescribed by rule.
192	(2) The terms "employ," "employment," "employer," and
193	"employee," when used in this chapter and in rules adopted
194	pursuant thereto to describe the relationship between a broker
195	and a broker associatesalesperson, include an independent
196	contractor relationship when such relationship is intended by
197	and established between a broker and a broker associate
198	salesperson. The existence of such relationship shall not
199	relieve either the broker or the broker associatesalespersonof
200	her or his duties, obligations, or responsibilities under this
201	chapter.
202	(3) Wherever the word "operate" or "operating" as a
203	broker, broker-salesperson, or broker associatesalesperson
204	appears in this chapter; in any order, rule, or regulation of
205	the commission; in any pleading, indictment, or information
206	under this chapter; in any court action or proceeding; or in any
207	order or judgment of a court, it shall be deemed to mean the
208	commission of one or more acts described in this chapter as
209	constituting or defining a broker, broker-salesperson, or broker
210	associatesalesperson, not including, however, any of the
211	exceptions stated therein. A single such act is sufficient to
212	bring a person within the meaning of this chapter, and each act,
213	if prohibited herein, constitutes a separate offense.
214	(4) A broker acting as a trustee of a trust created under
215	chapter 689 is subject to the provisions of this chapter unless
216	the trustee is a bank, state or federal association, or trust
217	company possessing trust powers as defined in s. 658.12(23).
218	Section 3. Section 475.011, Florida Statutes, is amended
219	to read:
220	475.011 Exemptions.--This part does not apply to:
221	(1) Any person acting as an attorney in fact for the
222	purpose of the execution of contracts or conveyances only; as an
223	attorney at law within the scope of her or his duties as such;
224	as a certified public accountant, as defined in chapter 473,
225	within the scope of her or his duties as such; as the personal
226	representative, receiver, trustee, or master under, or by virtue
227	of, an appointment by will or by order of a court of competent
228	jurisdiction; or as trustee under a deed of trust, or under a
229	trust agreement, the ultimate purpose and intent whereof is
230	charitable, is philanthropic, or provides for those having a
231	natural right to the bounty of the donor or trustor;
232	(2) Any individual, corporation, partnership, trust, joint
233	venture, or other entity which sells, exchanges, or leases its
234	own real property; however, this exemption shall not be
235	available if and to the extent that an agent, employee, or
236	independent contractor paid a commission or other compensation
237	strictly on a transactional basis is employed to make sales,
238	exchanges, or leases to or with customers in the ordinary course
239	of an owner's business of selling, exchanging, or leasing real
240	property to the public;
241	(3) Any employee of a public utility, a rural electric
242	cooperative, a railroad, or a state or local governmental agency
243	who acts within the scope of her or his employment, for which no
244	compensation in addition to the employee's salary is paid, to
245	buy, sell, appraise, exchange, rent, auction, or lease any real
246	property or any interest in real property for the use of her or
247	his employer;
248	(4) Any salaried employee of an owner, or of a registered
249	broker for an owner, of an apartment community who works in an
250	onsite rental office of the apartment community in a leasing
251	capacity, provided the salaried employee works without any other
252	compensation in addition to the salary;
253	(5) Any person employed for a salary as a manager of a
254	condominium or cooperative apartment complex as a result of any
255	activities or duties which the person may have in relation to
256	the renting of individual units within such condominium or
257	cooperative apartment complex if rentals arranged by the person
258	are for periods no greater than 1 year, provided the person
259	works without any other compensation in addition to the salary;
260	(6) Any person, partnership, corporation, or other legal
261	entity which, for another and for compensation or other valuable
262	consideration, sells, offers to sell, advertises for sale, buys,
263	offers to buy, or negotiates the sale or purchase of radio,
264	television, or cable enterprises licensed and regulated by the
265	Federal Communications Commission pursuant to the Communications
266	Act of 1934. However, if the sale or purchase of the radio,
267	television, or cable enterprise involves the sale or lease of
268	land, buildings, fixtures, and all other improvements to the
269	land, a broker or broker associatesalespersonlicensed under
270	this chapter shall be retained for the portion of the
271	transaction which includes the land, buildings, fixtures, and
272	all other improvements to the land; or
273	(7) Any full-time graduate student who is enrolled in a
274	commission-approved degree program in appraising at a college or
275	university in this state, if the student is acting under the
276	direct supervision of a licensed broker or a licensed or
277	certified appraiser and is engaged only in appraisal activities
278	related to the approved degree program. Any appraisal report by
279	the student must be issued in the name of the supervising
280	individual;.
281	(8)(a) An owner of one or part of one or more timeshare
282	periods for the owner's own use and occupancy who later offers
283	one or more of such periods for resale;.
284	(b) An exchange company, as that term is defined by s.
285	721.05(14), but only to the extent that the exchange company is
286	engaged in exchange program activities as described in and is in
287	compliance with s. 721.18;.
288	(9) Any person registered, licensed, or certified by the
289	department under part II as an appraiser or assistant appraiser
290	performing appraisals in accordance with that part;.
291	(10) Any person who appraises under the unit-rule method
292	of valuation a railroad or railroad terminal company assessed
293	for ad valorem tax purposes pursuant to s. 193.085;.
294	(11) Any person, partnership, corporation, or other legal
295	entity which, for another and for compensation or other valuable
296	consideration, rents or advertises for rent, for transient
297	occupancy, any public lodging establishment licensed under
298	chapter 509;.
299	(12) Any dealer registered under the Securities and
300	Exchange Act of 1934, as amended, or any federally insured
301	depository institution and any parent, subsidiary, or affiliate
302	thereof, in connection with the sale, exchange, purchase, or
303	rental of a business enterprise to or by a person who is an
304	accredited investor as defined by 15 U.S.C. s. 77b, the
305	Securities Act of 1933, or any regulation adopted thereunder.
306	This exemption applies whether stock or assets of the business
307	enterprise are purchased or sold. The exemption does not apply
308	to a sale, exchange, purchase, or rental of land, buildings,
309	fixtures or other improvements to the land which is not made in
310	connection with the sale, exchange, purchase, or rental of a
311	business enterprise. Any reference to rental in this subsection
312	includes a lease transaction; or.
313	(13) Any property management firm or any owner of an
314	apartment complex for the act of paying a finder's fee or
315	referral fee to an unlicensed person who is a tenant in such
316	apartment complex provided the value of the fee does not exceed
317	$50 per transaction. Nothing in this subsection authorizes an
318	unlicensed person to advertise or otherwise promote the person's
319	services in procuring or assisting in procuring prospective
320	lessees or tenants of apartment units. For purposes of this
321	subsection, "finder's fee" or "referral fee" means a fee paid,
322	credit towards rent, or some other thing of value provided to a
323	person for introducing or arranging an introduction between
324	parties to a transaction involving the rental or lease of an
325	apartment unit. It is a violation of s. 475.25(1)(h) and
326	punishable under s. 475.42 for a property management firm or any
327	owner of an apartment complex to pay a finder's fee or a
328	referral fee to an unlicensed person unless expressly authorized
329	by this subsection.
330	Section 4. Subsection (1) of section 475.02, Florida
331	Statutes, is amended to read:
332	475.02 Florida Real Estate Commission.--
333	(1) There is created within the department the Florida
334	Real Estate Commission. The commission shall consist of seven
335	members who shall be appointed by the Governor, subject to
336	confirmation by the Senate. Four members must be licensed
337	brokers, each of whom has held an active license for the 5 years
338	preceding appointment; one member must be a licensed broker or a
339	licensed broker associatesalespersonwho has held an active
340	license for the 2 years preceding appointment; and two members
341	must be persons who are not, and have never been, brokers or
342	broker associatessalespersons. At least one member of the
343	commission must be 60 years of age or older. The current members
344	may complete their present terms unless removed for cause.
345	Section 5. Subsection (2) of section 475.03, Florida
346	Statutes, is amended to read:
347	475.03 Delegation of powers and duties; legal services.--
348	(2) Subject to the prior approval of the Attorney General,
349	The commission may retain independent legal counsel to provide
350	legal advice to the commission on a specific matter.
351	Section 6. Section 475.04, Florida Statutes, is amended to
352	read:
353	475.04 Duty of commission to educate members of
354	profession.--
355	(1) The commission shall foster the education of brokers,
356	broker associatesbroker-salespersons, salespersons, and
357	instructors concerning the ethical, legal, and business
358	principles which should govern their conduct.
359	(2) For the purpose of performing its duty under
360	subsection (1) to educate persons holding a license or permit,
361	the commission may conduct, offer, sponsor, prescribe, or
362	approve real estate educational courses for all persons licensed
363	or permitted by the department as brokers, broker associates
364	broker-salespersons, salespersons, or instructors; and the cost
365	and expense of such courses shall be paid as provided in s.
366	475.125.
367	(3) The commission may also publish and sell, at a
368	reasonable price intended to cover costs, a handbook on this
369	chapter and other publications intended to be textbooks or
370	guidelines for study and guidance of students, applicants,
371	licensees, certificateholders, and permitholders, and members of
372	the general public, copyright of which shall be the property of
373	the state.
374	(4) The commission may authorize independent certification
375	organizations to certify or approve the delivery mechanism of
376	distance learning courses. Certification must occur before the
377	time a distance learning course is submitted to the commission
378	for content approval by an accredited college, university,
379	community college, area technical center, registered real estate
380	school, or commission-approved sponsor.
381	Section 7. Section 475.15, Florida Statutes, is amended to
382	read:
383	475.15 Registration and licensing of general partners,
384	members, officers, and directors of a firm.-- Each partnership,
385	limited liability partnership, limited liability company, or
386	corporation which acts as a broker shall register with the
387	commission and shall renew the licenses or registrations of its
388	members, officers, and directors for each license period.
389	However, if the partnership is a limited partnership, only the
390	general partners must be licensed brokers or brokerage
391	corporations registered pursuant to this part. If thelicense or
392	registration of at least one active broker member is not in
393	force, the registration of a corporation, limited liability
394	company, limited liability partnership, or partnership is
395	canceled automatically during that period of time.
396	Section 8. Section 475.17, Florida Statutes, is amended to
397	read:
398	475.17 Qualifications for practice.--
399	(1)(a) An applicant for licensure who is a natural person
400	must be at least 18 years of age; hold a high school diploma or
401	its equivalent; be honest, truthful, trustworthy, and of good
402	character; and have a good reputation for fair dealing. An
403	applicant for an active broker's license or a broker associate's
404	salesperson'slicense must be competent and qualified to make
405	real estate transactions and conduct negotiations therefor with
406	safety to investors and to those with whom the applicant may
407	undertake a relationship of trust and confidence. If the
408	applicant has been denied registration or a license or has been
409	disbarred, or the applicant's registration or license to
410	practice or conduct any regulated profession, business, or
411	vocation has been revoked or suspended, by this or any other
412	state, any nation, or any possession or district of the United
413	States, or any court or lawful agency thereof, because of any
414	conduct or practices which would have warranted a like result
415	under this chapter, or if the applicant has been guilty of
416	conduct or practices in this state or elsewhere which would have
417	been grounds for revoking or suspending her or his license under
418	this chapter had the applicant then been registered, the
419	applicant shall be deemed not to be qualified unless, because of
420	lapse of time and subsequent good conduct and reputation, or
421	other reason deemed sufficient, it appears to the commission
422	that the interest of the public and investors will not likely be
423	endangered by the granting of registration. The commission may
424	adopt rules requiring an applicant for licensure to provide
425	written information to the commission regarding the applicant's
426	good character.
427	(b) An application may be disapproved if the applicant has
428	acted or attempted to act, or has held herself or himself out as
429	entitled to act, during the period of 1 year next prior to the
430	filing of the application, as a real estate broker or broker
431	associatesalespersonin the state in violation of this chapter.
432	This paragraph may be deemed to bar any person from licensure
433	who has performed any of the acts or services described in s.
434	475.01(3), unless exempt pursuant to s. 475.011, during a period
435	of 1 year next preceding the filing of the application, or
436	during the pendency of the application, and until a valid
437	current license has been duly issued to the person, regardless
438	of whether the performance of the act or service was done for
439	compensation or valuable consideration.
440	(2)(a)1. In addition to other requirements under this
441	part, the commission may require the satisfactory completion of
442	one or more of the educational courses or equivalent courses
443	conducted, offered, sponsored, prescribed, or approved pursuant
444	to s. 475.04, taken at an accredited college, university, or
445	community college, at an area technical center, or at a
446	registered real estate school, as a condition precedent for any
447	person to become licensed or to renew her or his license as a
448	broker, broker-salesperson, or broker associatesalesperson. The
449	course or courses required for one to become initially licensed
450	shall not exceed a total of 63 classroom hours of 50 minutes
451	each, inclusive of examination, for a broker associate
452	salespersonand 72 classroom hours of 50 minutes each, inclusive
453	of examination, for a broker. The satisfactory completion of an
454	examination administered by the accredited college, university,
455	or community college, by the area technical center, or by the
456	registered real estate school shall be the basis for determining
457	satisfactory completion of the course. However, notice of
458	satisfactory completion shall not be issued if the student has
459	absences in excess of 8 classroom hours.
460	2. A distance learning course or courses shall be approved
461	by the commission as an option to classroom hours as
462	satisfactory completion of the course or courses as required by
463	this section. The schools authorized by this section have the
464	option of providing classroom courses, interactivedistance
465	learning courses, or both. However, satisfactory completion of
466	a distance learning course requires the satisfactory completion
467	of a timed distance learning course examination. Such
468	examination shall not be required to be monitored or given at a
469	centralized location.
470	3. Such required course or courses must be made available
471	by correspondence or other suitable means to any person who, by
472	reason of hardship, as defined by rule, cannot attend the place
473	or places where the course or courses are regularly conducted or
474	does not have access to the distance learning course or courses.
475	(b) A person may not be licensed as a real estate broker
476	unless, in addition to the other requirements of law, the person
477	has held:
478	1. An active real estate broker associate'ssalesperson's
479	license for at least 12 months during the preceding 5 years in
480	the office of one or more real estate brokers licensed in this
481	state or any other state, territory, or jurisdiction of the
482	United States or in any foreign national jurisdiction;
483	2. A current and valid real estate broker associate's
484	salesperson'slicense for at least 12 months during the
485	preceding 5 years in the employ of a governmental agency for a
486	salary and performing the duties authorized in this part for
487	real estate licensees; or
488	3. A current and valid real estate broker's license for at
489	least 12 months during the preceding 5 years in any other state,
490	territory, or jurisdiction of the United States or in any
491	foreign national jurisdiction.
492
493	This paragraph does not apply to a person employed as a real
494	estate investigator by the Division of Real Estate, provided the
495	person has been employed as a real estate investigator for at
496	least 24 months. The person must be currently employed as a real
497	estate investigator to sit for the real estate broker's
498	examination and have held a valid and current broker associate's
499	salesperson'slicense for at least 12 months.
500	(c) A person who has been licensed as a real estate broker
501	associatesalespersonin Florida during the preceding 5 years
502	may not be licensed as a real estate broker unless, in addition
503	to the other requirements of law, she or he has completed the
504	broker associatesalespersonpostlicensure educational
505	requirements, if these requirements have been prescribed by the
506	commission pursuant to paragraph(3)(a).
507	(3)(a) The commission may prescribe a postlicensure
508	education requirement in order for a person to maintain a valid
509	broker associate'ssalesperson'slicense, which shall not exceed
510	45 classroom hours of 50 minutes each, inclusive of examination,
511	prior to the first renewal following initial licensure. If
512	prescribed, this shall consist of one or more commission-
513	approved courses which total at least 45 classroom hours on one
514	or more subjects which include, but are not limited to, property
515	management, appraisal, real estate finance, orthe economics of
516	real estate management, marketing, technology, sales and listing
517	of properties, business office management, courses teaching
518	practical real estate application skills, development of
519	business plans, marketing of property, and time management.
520	Required postlicensure education courses must be provided by an
521	accredited college, university, or community college, by an area
522	technical center, by a registered real estate school, or by a
523	commission-approved sponsor.
524	(b) Satisfactory completion of the postlicensure education
525	requirement is demonstrated by successfully meeting all
526	standards established for the commission-prescribed or
527	commission-approved institution or school. However, notice of
528	satisfactory completion shall not be issued if the student has
529	absences in excess of 10 percent of the required classroom hours
530	or has not satisfactorily completed a timed distance learning
531	course examination.
532	(c) The license of any broker associatesalespersonwho
533	does not complete the postlicensure education requirement prior
534	to the first renewal following initial licensure shall be
535	considered null and void. Such person wishing to again operate
536	as a real estate broker associatesalespersonmust requalify by
537	satisfactorily completing the broker associate'ssalesperson's
538	prelicensure course and passing the state examination for
539	licensure as a broker associatesalesperson.
540	(d) A broker associatesalespersonwho is required to
541	complete any postlicensure education requirement must complete
542	any postlicensure education requirement and hold a current and
543	valid licensein order to be eligible for licensure as a broker.
544	(4)(a) The commission may prescribe a postlicensure
545	education requirement in order for a person to maintain a valid
546	broker's license, which shall not exceed 60 classroom hours of
547	50 minutes each, inclusive of examination, prior to the first
548	renewal following initial licensure. If prescribed, this shall
549	consist of one or more commission-approved courses which total
550	at least 60 classroom hours on one or more subjects which
551	include, but are not limited to, advanced appraisal, advanced
552	property management, real estate marketing, business law,
553	advanced real estate investment analyses, advanced legal
554	aspects, general accounting, real estate economics,
555	syndications, commercial brokerage, feasibility analyses,
556	advanced real estate finance, residential brokerage, advanced
557	marketing, technology, advanced business planning, time
558	management,or real estate brokerage office operations. Required
559	postlicensure education courses must be provided by an
560	accredited college, university, or community college, by an area
561	technical center, by a registered real estate school, or by a
562	commission-approved sponsor.
563	(b) Satisfactory completion of the postlicensure education
564	requirement is demonstrated by successfully meeting all
565	standards established for the commission-prescribed or
566	commission-approved institution or school. However, notice of
567	satisfactory completion shall not be issued if the student has
568	absences in excess of 10 percent of the required classroom hours
569	or has not satisfactorily completed a timed distance learning
570	course examination.
571	(c) The license of any broker who does not complete the
572	postlicensure education requirement prior to the first renewal
573	following initial licensure shall be considered null and void.
574	If the licensee wishes to operate as a broker associate
575	salesperson, she or he may be issued a broker associate's
576	salesperson'slicense after providing proof that she or he has
577	satisfactorily completed the 14-hour continuing education course
578	within the 6 months following expiration of her or his broker's
579	license. To operate as a broker, the licensee must requalify by
580	satisfactorily completing the broker's prelicensure course and
581	passing the state examination for licensure as a broker.
582	(5)(a) The commission may allow an additional 6-month
583	period after the first renewal following initial licensure for
584	completing the postlicensure education courses for broker
585	associatessalespersonsand brokers who cannot, due to
586	individual physical hardship, as defined by rule, complete the
587	courses within the required time.
588	(b) Except as provided in subsection (4), broker
589	associatessalespersonsand brokers are not required to meet the
590	14-hour continuing education requirement prior to the first
591	renewal following initial licensure.
592	(c)1. A distance learning course or courses shall be
593	approved by the commission as an option to classroom hours as
594	satisfactory completion of the postlicensure education course or
595	courses as required by this section. The schools or sponsors
596	authorized by this section have the option of providing
597	classroom courses, interactivedistance learning courses, or
598	both. However, satisfactory completion of a distance learning
599	postlicensure education course or courses requires the
600	satisfactory completion of a timed distance learning course
601	examination. Such examination shall not be required to be
602	monitored or given at a centralized location.
603	2. The commission shall provide for postlicensure
604	education courses to be made available by correspondence or
605	other suitable means to any person who, by reason of hardship,
606	as defined by rule, cannot attend the place or places where
607	courses are regularly conducted or does not have access to the
608	distance learning courses.
609	(6) The postlicensure education requirements of this
610	section, and the education course requirements for one to become
611	initially licensed, do not apply to any applicant or licensee
612	who has received a 4-year degree in real estate from an
613	accredited institution of higher education.
614	Section 9. Section 475.175, Florida Statutes, is amended
615	to read:
616	475.175 Examinations.--
617	(1) A person shall be entitled to take the license
618	examination to practice in this state if the person:
619	(a) Submits to the department the appropriate notarized or
620	electronically authenticated application and fee, two
621	photographs of herself or himself taken within the preceding
622	year,and a fingerprint card. The fingerprint card shall be
623	forwarded to the Division of Criminal Justice Information
624	Systems within the Department of Law Enforcement for purposes of
625	processing the fingerprint card to determine if the applicant
626	has a criminal history record. The fingerprint card shall also
627	be forwarded to the Federal Bureau of Investigation for purposes
628	of processing the fingerprint card to determine if the applicant
629	has a criminal history record. The information obtained by the
630	processing of the fingerprint card by the Florida Department of
631	Law Enforcement and the Federal Bureau of Investigation shall be
632	sent to the department for the purpose of determining if the
633	applicant is statutorily qualified for examination.
634	(b) Submits at the time of examination the certificate
635	specified in subsection (2), the examination admissions
636	authorization lettercard issued by the commission, and proof of
637	identification.
638	(2) Each accredited college, university, community
639	college, or registered real estate school shall notify the
640	commission of the names of all persons who have satisfactorily
641	completed the educational requirements provided for in s.
642	475.17(2), (3), and (4) in a manner prescribed by the
643	commission. Furthermore, each such educational institution
644	shall provide to each person satisfactorily completing the
645	educational requirements provided for in s. 475.17(2), (3), and
646	(4)a certificate as proof of such satisfactory completion.
647	Section 10. Subsection (1) of section 475.181, Florida
648	Statutes, is amended to read:
649	475.181 Licensure.--
650	(1) The department shall license any applicant whom the
651	commission certifies, pursuant to subsection (2), to be
652	qualified to practice as a broker or broker associate
653	salesperson.
654	Section 11. Section 475.182, Florida Statutes, is amended
655	to read:
656	475.182 Renewal of license; continuing education.--
657	(1) The department shall renew a license upon receipt of
658	the renewal application and fee. The renewal application for an
659	active license as broker, broker-salesperson, or broker
660	associatesalespersonshall include proof satisfactory to the
661	commission that the licensee has, since the issuance or renewal
662	of her or his current license, satisfactorily completed at least
663	14 classroom hours of 50 minutes each of a continuing education
664	course during each biennium of a license period, as prescribed
665	by the commission. Approval or denial of a specialty course must
666	be based on the extent to which the course content focuses on
667	real estate issues relevant to the modern practice of real
668	estate by a real estate licensee, including technology used in
669	the real estate industry.The commission may accept as a
670	substitute for such continuing education course, on a classroom-
671	hour-for-classroom-hour basis, any satisfactorily completed
672	education course that the commission finds is adequate to
673	educate licensees within the intent of this section, including
674	an approved distance learning course. However, the commission
675	may not require, for the purpose of satisfactorily completing an
676	approved correspondence or distance learning course, a written
677	examination that is to be taken at a centralized location and is
678	to be monitored.
679	(2) The initial license of a broker or broker associate
680	shall be issued for a period of not less than 18 months or
681	longer than 24 months from its effective date, and it shall
682	expire no later than 24 months after its effective date.
683	(3)(2)The department shall adopt rules establishing a
684	procedure for the renewal of licenses at leastevery 4 years.
685	(4)(3) Any license thatwhichis not renewed at the end of
686	the license period prescribed by the department shall
687	automatically revert to involuntarily inactive status. Such
688	license may subsequently be renewed only if the licensee meets
689	the other qualifications specified in s. 475.183.
690	(5)(4) Sixty days beforeprior tothe end of the license
691	period and automatic reversion of a license to inactive status,
692	the department shall mail a notice of renewal and possible
693	reversion to the last known address of the licensee.
694	Section 12. Section 475.215, Florida Statutes, is amended
695	to read:
696	475.215 Multiple licenses.--
697	(1) A licensed broker may be issued upon request
698	additional licenses as a broker, but not as a broker associate
699	salesperson or as a broker-salesperson, whenever it is clearly
700	shown that the requested additional licenses are necessary to
701	the conduct of real estate brokerage business and that the
702	additional licenses will not be used in a manner likely to be
703	prejudicial to any person, including a licensee under this
704	chapter.
705	(2) A broker associate maysalesperson or broker-
706	salesperson shallhave no more than one registered employer at
707	any one time.
708	Section 13. Subsection (1) of section 475.22, Florida
709	Statutes, is amended to read:
710	475.22 Broker to maintain office and sign at entrance of
711	office; registered office outside state; broker required to
712	cooperate in investigation.--
713	(1) Each active broker shall maintain an office, which
714	shall consist of at least one enclosed room in a building of
715	stationary construction. Each active broker shall maintain a
716	sign on or about the entrance of her or his principal office and
717	each branch office, which sign may be easily observed and read
718	by any person about to enter such office and shall be of such
719	form and minimum dimensions as shall be prescribed by the
720	commission. Each sign must contain the name of the broker,
721	together with the trade name, if any. For a partnership or
722	corporation, the sign must contain the name of the firm or
723	corporation or trade name of the firm or corporation, together
724	with the name of at least one of the brokers. At a minimum, the
725	words "licensed real estate broker" or "lic. real estate broker"
726	must appear on the office entrance signs.
727	Section 14. Section 475.23, Florida Statutes, is amended
728	to read:
729	475.23 License to expire on change of address.-- A license
730	shall cease to be in force whenever a broker changes her or his
731	business address, a real estate school operating under a permit
732	issued pursuant to s. 475.451 changes its business address, or a
733	broker associatesalespersonworking for a broker or an
734	instructor working for a real estate school changes employer.
735	The licensee shall notify the commission of the change no later
736	than 10 days after the change, on a form provided by the
737	commission. When a broker or a real estate school changes
738	business address, the brokerage firm or school permitholder must
739	file a notice of the change of address with the commission, and
740	such notice also fulfills the change-of-address notification for
741	brokers and broker associates employed by the brokerage and
742	instructors employed by the school.
743	Section 15. Subsection (1) of section 475.25, Florida
744	Statutes, is amended, and subsections (5), (6), and (7) are
745	added to said section, to read:
746	475.25 Discipline.--
747	(1) The commission may deny an application for licensure,
748	registration, or permit, or renewal thereof; may place a
749	licensee, registrant, or permittee on probation; may suspend a
750	license, registration, or permit for a period not exceeding 10
751	years; may revoke a license, registration, or permit; may impose
752	an administrative fine not to exceed $1,000 for each count or
753	separate offense; and may issue a reprimand, and any or all of
754	the foregoing, if it finds that the licensee, registrant,
755	permittee, or applicant:
756	(a) Has violated any provision of s. 455.227(1) or s.
757	475.42. However, licensees under this part are exempt from the
758	provisions of s. 455.227(1)(i).
759	(b) Has been guilty of fraud, misrepresentation,
760	concealment, false promises, false pretenses, dishonest dealing
761	by trick, scheme, or device, culpable negligence, or breach of
762	trust in any business transaction in this state or any other
763	state, nation, or territory; has violated a duty imposed upon
764	her or him by law or by the terms of a listing contract,
765	written, oral, express, or implied, in a real estate
766	transaction; has aided, assisted, or conspired with any other
767	person engaged in any such misconduct and in furtherance
768	thereof; or has formed an intent, design, or scheme to engage in
769	any such misconduct and committed an overt act in furtherance of
770	such intent, design, or scheme. It is immaterial to the guilt
771	of the licensee that the victim or intended victim of the
772	misconduct has sustained no damage or loss; that the damage or
773	loss has been settled and paid after discovery of the
774	misconduct; or that such victim or intended victim was a
775	customer or a person in confidential relation with the licensee
776	or was an identified member of the general public.
777	(c) Has advertised property or services in a manner which
778	is fraudulent, false, deceptive, or misleading in form or
779	content. The commission may adopt rules defining methods of
780	advertising that violate this paragraph.
781	(d)1. Has failed to account or deliver to any person,
782	including a licensee under this chapter, at the time which has
783	been agreed upon or is required by law or, in the absence of a
784	fixed time, upon demand of the person entitled to such
785	accounting and delivery, any personal property such as money,
786	fund, deposit, check, draft, abstract of title, mortgage,
787	conveyance, lease, or other document or thing of value,
788	including a share of a real estate commission if a civil
789	judgment relating to the practice of the licensee's profession
790	has been obtained against the licensee and said judgment has not
791	been satisfied in accordance with the terms of the judgment
792	within a reasonable time, or any secret or illegal profit, or
793	any divisible share or portion thereof, which has come into the
794	licensee's hands and which is not the licensee's property or
795	which the licensee is not in law or equity entitled to retain
796	under the circumstances. However, if the licensee, in good
797	faith,entertains doubt as to what person is entitled to the
798	accounting and delivery of the escrowed property, or if
799	conflicting demands have been made upon the licensee for the
800	escrowed property, which property she or he still maintains in
801	her or his escrow or trust account, the licensee shall either
802	promptly notify the commission of such doubts or conflicting
803	demands and shallpromptly:
804	a. Request that the commission issue an escrow
805	disbursement order determining who is entitled to the escrowed
806	property;
807	b. With the consent of all parties, submit the matter to
808	arbitration;
809	c. By interpleader or otherwise, seek adjudication of the
810	matter by a court; or
811	d. With the written consent of all parties, submit the
812	matter to mediation. The department may conduct mediation or
813	may contract with public or private entities for mediation
814	services. However, the mediation process must be successfully
815	completed within 90 days following the last demand or the
816	licensee shall promptly employ one of the other escape
817	procedures contained in this section. Payment for mediation will
818	be as agreed to in writing by the parties. The department may
819	adopt rules to implement this section.
820
821	In the alternative, a licensee may promptly disburse property
822	from the licensee's escrow account without notifying the
823	commission or employing one of the procedures listed in sub-
824	subparagraphs a.-d., and an administrative complaint may not be
825	filed against a licensee solely because the licensee did so.
826	However, a licensee may be civilly liable for improperly
827	disbursing escrowed property.If the licensee promptly employs
828	one of the escape procedures contained herein, and if she or he
829	abides by the order or judgment resulting therefrom, no
830	administrative complaint may be filed against the licensee for
831	failure to account for, deliver, or maintain the escrowed
832	property. If the buyer of a residential condominium unit
833	delivers to a licensee written notice of the buyer's intent to
834	cancel the contract for sale and purchase, as authorized by s.
835	718.503, or if the buyer of real property in good faith fails to
836	satisfy the terms in the financing clause of a contract for sale
837	and purchase, the licensee may return the escrowed property to
838	the purchaser without notifying the commission or initiating any
839	of the procedures listed in sub-subparagraphs a.-d.
840	2. Has failed to deposit money in an escrow account when
841	the licensee is the purchaser of real estate under a contract
842	where the contract requires the purchaser to place deposit money
843	in an escrow account to be applied to the purchase price if the
844	sale is consummated.
845	(e) Has violated any of the provisions of this chapter or
846	any lawful order or rule made or issued under the provisions of
847	this chapter or chapter 455.
848	(f) Has been convicted or found guilty of, or entered a
849	plea of nolo contendere to, regardless of adjudication, a crime
850	in any jurisdiction which directly relates to the activities of
851	a licensed broker or broker associatesalesperson, or involves
852	moral turpitude or fraudulent or dishonest dealing. The record
853	of a conviction certified or authenticated in such form as to be
854	admissible in evidence under the laws of the state shall be
855	admissible as prima facie evidence of such guilt.
856	(g) Has had a broker's or broker associate'ssalesperson's
857	license revoked, suspended, or otherwise acted against, or has
858	had an application for such licensure denied, by the real estate
859	licensing agency of another state, territory, or country.
860	(h) Has shared a commission with, or paid a fee or other
861	compensation to, a person not properly licensed as a broker,
862	broker-salesperson, or broker associatesalespersonunder the
863	laws of this state, for the referral of real estate business,
864	clients, prospects, or customers, or for any one or more of the
865	services set forth in s. 475.01(1)(a). For the purposes of this
866	section, it is immaterial that the person to whom such payment
867	or compensation is given made the referral or performed the
868	service from within this state or elsewhere; however, a licensed
869	broker of this state may pay a referral fee or share a real
870	estate brokerage commission with a broker licensed or registered
871	under the laws of a foreign state so long as the foreign broker
872	does not violate any law of this state. However, when a broker
873	has compensated a broker associate or a legal entity formed and
874	controlled by a broker associate, that broker associate may
875	compensate persons associated with the broker associate or legal
876	entity. Nothing in this paragraph or s. 475.17 is intended to
877	prevent a real estate broker licensed in this state from sharing
878	a commission on a cooperative real estate transaction, other
879	than a residential sale as defined in s. 475.278(5)(a), with a
880	person who holds an active real estate license in another state
881	or country, provided that:
882	1. Before the out-of-state real estate licensee performs
883	any act in this state which constitutes professional real estate
884	activity, the licensee and the cooperating real estate broker
885	licensed in this state shall enter a written agreement that
886	states the terms of cooperation and compensation, that the
887	services set forth in s. 475.01(1)(a), if conducted in this
888	state, will be under the supervision and control of the
889	cooperating broker licensed in this state, that the out-of-state
890	licensee will comply with all applicable laws of this state, and
891	that civil actions may be commenced against the out-of-state
892	real estate licensee, the cooperating real estate broker
893	licensed in this state, or both in any court of competent
894	jurisdiction in any county of this state in which a claim
895	arises;
896	2. The cooperating real estate broker licensed in this
897	state or a Florida-licensed real estate broker engaged by the
898	cooperating broker accompanies the out-of-state real estate
899	licensee and the potential buyer or potential lessee during any
900	initial property showing; and
901	3. All subsequent property showings and all negotiations
902	regarding the cooperative real estate transaction are conducted
903	under the supervision, control, and express permission of the
904	cooperating real estate broker licensed in this state or a
905	Florida-licensed real estate broker engaged by the cooperating
906	broker.
907	(i) Has become temporarily incapacitated from acting as a
908	broker or broker associatesalespersonwith safety to investors
909	or those in a fiduciary relation with her or him because of
910	drunkenness, use of drugs, or temporary mental derangement; but
911	suspension of a license in such a case shall be only for the
912	period of such incapacity.
913	(j) Has rendered an opinion that the title to any property
914	sold is good or merchantable, except when correctly based upon a
915	current opinion of a licensed attorney at law, or has failed to
916	advise a prospective purchaser to consult her or his attorney on
917	the merchantability of the title or to obtain title insurance.
918	(k) Has failed, if a broker, to immediately place, upon
919	receipt, any money, fund, deposit, check, or draft entrusted to
920	her or him by any person dealing with her or him as a broker in
921	an escrow accountwith a title company, banking institution,
922	credit union, or savings and loan association located and doing
923	business in this state in a manner consistent with the broker's
924	fiduciary obligations and requirements of timely disbursement,
925	or to deposit such funds in a trust or escrow account maintained
926	by her or him with some bank, credit union, or savings and loan
927	association located and doing business in this state, wherein
928	the funds shall be kept and, with the written consent of the
929	parties to a transaction, invested in a manner not inconsistent
930	with s. 18.10(2)until disbursement thereof is properly
931	authorized; or has failed, if a broker associatesalesperson, to
932	immediately place with her or his registered employer any money,
933	fund, deposit, check, or draft entrusted to her or him by any
934	person dealing with her or him as agent of the registered
935	employer. The commission shall establish rules to provide for
936	records to be maintained by the broker and the manner in which
937	such deposits shall be made. A broker may place and maintain up
938	to $5,000 of personal or brokerage funds in the broker's escrow
939	account and shall be provided a reasonable amount of time to
940	correct escrow errors if there is no shortage of funds and such
941	errors pose no significant threat to economically harm the
942	public. It is the intent of the Legislature that, in the event
943	of legal proceedings concerning a broker's escrow account, the
944	disbursement of escrowed funds not be delayed due to any dispute
945	over the personal or brokerage funds that may be present in the
946	escrow account.
947	(l) Has made or filed a report or record which the
948	licensee knows to be false, has willfully failed to file a
949	report or record required by state or federal law, has willfully
950	impeded or obstructed such filing, or has induced another person
951	to impede or obstruct such filing; but such reports or records
952	shall include only those which are signed in the capacity of a
953	licensed broker or broker associatesalesperson.
954	(m) Has obtained a license by means of fraud,
955	misrepresentation, or concealment.
956	(n) Is confined in any county jail, postadjudication; is
957	confined in any state or federal prison or mental institution;
958	is under home confinement ordered in lieu of institutional
959	confinement; or, through mental disease or deterioration, can no
960	longer safely be entrusted to competently deal with the public.
961	(o) Has been found guilty, for a second time, of any
962	misconduct that warrants her or his suspension or has been found
963	guilty of a course of conduct or practices which show that she
964	or he is so incompetent, negligent, dishonest, or untruthful
965	that the money, property, transactions, and rights of investors,
966	or those with whom she or he may sustain a confidential
967	relation, may not safely be entrusted to her or him.
968	(p) Has failed to inform the commission in writing within
969	30 days after pleading guilty or nolo contendere to, or being
970	convicted or found guilty of, any felony.
971	(q) Has violated any provision of s. 475.2755 or s.
972	475.278, including the duties owed under those sections.
973	(r) Has failed in any written listing agreement to include
974	a definite expiration date, description of the property, price
975	and terms, fee or commission, and a proper signature of the
976	principal(s); and has failed to give the principal(s) a legible,
977	signed, true and correct copy of the listing agreement within 24
978	hours of obtaining the written listing agreement. The written
979	listing agreement shall contain no provision requiring the
980	person signing the listing to notify the broker of the intention
981	to cancel the listing after such definite expiration date.
982	(s) Has had a registration suspended, revoked, or
983	otherwise acted against in any jurisdiction. The record of the
984	disciplinary action certified or authenticated in such form as
985	to be admissible in evidence under the laws of the state shall
986	be admissible as prima facie evidence of such disciplinary
987	action.
988	(t) Has violated any standard for the development or
989	communication of a real estate appraisal or other provision of
990	the Uniform Standards of Professional Appraisal Practice, as
991	defined in s. 475.611, as approved and adopted by the Appraisal
992	Standards Board of the Appraisal Foundation, as defined in s.
993	475.611. This paragraph does not apply to a real estate broker
994	or broker associatesalespersonwho, in the ordinary course of
995	business, performs a comparative market analysis, gives a broker
996	price opinion, or gives an opinion of value of real estate.
997	However, in no event may this comparative market analysis,
998	broker price opinion, or opinion of value of real estate be
999	referred to as an appraisal, as defined in s. 475.611.
1000	(5) An administrative complaint against a broker or broker
1001	associate must be filed within 4 years after the time of the act
1002	giving rise to the complaint or within 2 years after the time
1003	the act is discovered or should have been discovered with the
1004	exercise of due diligence. In no event may a complaint be filed
1005	more than 6 years after the date of the act giving rise to the
1006	complaint.
1007	(6) The commission shall promptly notify the licensee's
1008	employer, in writing, any time the commission places a licensee
1009	on probation, reprimands a licensee, suspends or revokes the
1010	license of a licensee, imposes an administrative fine against a
1011	licensee, or takes any other final disciplinary action against a
1012	licensee.
1013	(7) The commission shall promptly report to the proper
1014	prosecuting authority for prosecution any criminal violation of
1015	any statute relating to the practice of a real estate profession
1016	regulated by the commission.
1017	Section 16. Section 475.2755, Florida Statutes, is amended
1018	to read:
1019	475.2755 Designated broker associatesalesperson.--
1020	(1) For purposes of this part, in any real estate
1021	transaction other than a residential sale as defined in s.
1022	475.278(5)(a), and where the buyer and seller have assets of $1
1023	million or more, the broker at the request of the customers may
1024	designate broker associatessalespersonsto act as single agents
1025	for different customers in the same transaction. Such designated
1026	broker associatessalespersonsshall have the duties of a single
1027	agent as outlined in s. 475.278(2)(3), including disclosure
1028	requirements in s. 475.278(2)(3)(b) and (c). In addition to
1029	disclosure requirements in s. 475.278(2)(3)(b) and (c), the
1030	buyer and seller as customers shall both sign disclosures
1031	stating that their assets meet the threshold described in this
1032	subsection and requesting that the broker use the designated
1033	broker associatesalespersonform of representation. In lieu of
1034	the transition disclosure requirement in s. 475.278(3)(b)(c)2.,
1035	the required disclosure notice shall include the following:
1036
1037	FLORIDA LAW PROHIBITS A DESIGNATED BROKER ASSOCIATESALESPERSON
1038	FROM DISCLOSING, EXCEPT TO THE BROKER OR PERSONS SPECIFIED BY
1039	THE BROKER, INFORMATION MADE CONFIDENTIAL BY REQUEST OR AT THE
1040	INSTRUCTION OF THE CUSTOMER THE DESIGNATED BROKER ASSOCIATE
1041	SALESPERSONIS REPRESENTING. HOWEVER, FLORIDA LAW ALLOWS A
1042	DESIGNATED BROKER ASSOCIATESALESPERSONTO DISCLOSE INFORMATION
1043	ALLOWED TO BE DISCLOSED OR REQUIRED TO BE DISCLOSED BY LAW AND
1044	ALSO ALLOWS A DESIGNATED BROKER ASSOCIATESALESPERSONTO
1045	DISCLOSE TO HIS OR HER BROKER, OR PERSONS SPECIFIED BY THE
1046	BROKER, CONFIDENTIAL INFORMATION OF A CUSTOMER FOR THE PURPOSE
1047	OF SEEKING ADVICE OR ASSISTANCE FOR THE BENEFIT OF THE CUSTOMER
1048	IN REGARD TO A TRANSACTION. FLORIDA LAW REQUIRES THAT THE BROKER
1049	MUST HOLD THIS INFORMATION CONFIDENTIAL AND MAY NOT USE SUCH
1050	INFORMATION TO THE DETRIMENT OF THE OTHER PARTY.
1051	(2) For purposes of this section, the term "buyer" means a
1052	transferee or lessee in a real property transaction, and the
1053	term "seller" means the transferor or lessor in a real property
1054	transaction.
1055	Section 17. Section 475.278, Florida Statutes, is amended
1056	to read:
1057	(Substantial rewording of section. See
1058	s. 475.278, F.S., for present text.)
1059	475.278 Authorized brokerage relationships.--
1060	(1) TRANSACTION BROKER RELATIONSHIP.--
1061	(a) Presumption of transaction brokerage.--It shall be
1062	presumed that all licensees are operating as transaction brokers
1063	unless a single agent or no brokerage relationship is
1064	established, in writing, with a customer.
1065	(b) Transaction broker duties.--A transaction broker
1066	provides a limited form of representation to a buyer, a seller,
1067	or both in a real estate transaction but does not represent
1068	either in a fiduciary capacity or as a single agent. The duties
1069	of a licensee in this limited form of representation include the
1070	following:
1071	1. Dealing honestly and fairly;
1072	2. Accounting for all funds;
1073	3. Using skill, care, and diligence in the transaction;
1074	4. Disclosing all known facts that materially affect the
1075	value of residential real property and are not readily
1076	observable to the buyer;
1077	5. Presenting all offers and counteroffers in a timely
1078	manner, unless a party has previously directed the licensee
1079	otherwise in writing;
1080	6. Limited confidentiality, unless waived in writing by a
1081	party. This limited confidentiality will prevent disclosure that
1082	the seller will accept a price less than the asking or listed
1083	price, that the buyer will pay a price greater than the price
1084	submitted in a written offer, of the motivation of any party for
1085	selling or buying property, that a seller or buyer will agree to
1086	financing terms other than those offered, or of any other
1087	information requested by a party to remain confidential; and
1088	7. Any additional duties that are mutually agreed to with
1089	a party.
1090	(2) SINGLE AGENT RELATIONSHIP.--
1091	(a) Single agent duties.--The duties a licensee owes to a
1092	buyer or seller who engages the licensee as a single agent
1093	include the following:
1094	1. Dealing honestly and fairly;
1095	2. Loyalty;
1096	3. Confidentiality;
1097	4. Obedience;
1098	5. Full disclosure;
1099	6. Accounting for all funds;
1100	7. Skill, care, and diligence in the transaction;
1101	8. Presenting all offers and counteroffers in a timely
1102	manner, unless a party has previously directed the licensee
1103	otherwise in writing; and
1104	9. Disclosing all known facts that materially affect the
1105	value of residential real property and are not readily
1106	observable.
1107	(b) Disclosure requirements.--Licensees who seek to enter
1108	into a single agent relationship with a potential buyer or
1109	potential seller must give the potential buyer or potential
1110	seller the disclosure contained in paragraph(c), either as a
1111	separate and distinct disclosure document or included as part of
1112	another document such as a listing agreement or other agreement
1113	for representation. The disclosure must be made before, or at
1114	the time of, entering into a listing agreement or an agreement
1115	for representation or before the showing of property, whichever
1116	occurs first. When incorporated into other documents, the
1117	required disclosure must be of the same size type, or larger, as
1118	other provisions of the document and must be conspicuous in its
1119	placement so as to advise customers of the duties of a single
1120	agent, except that the first sentence of the disclosure
1121	contained in paragraph (c) must be printed in uppercase bold
1122	type.
1123	(c) Contents of disclosure.--The disclosure required under
1124	paragraph (b) must include the following information in the
1125	following form:
1126
1127	SINGLE AGENT NOTICE
1128
1129	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS
1130	SINGLE AGENTS DISCLOSE THEIR DUTIES TO BUYERS AND SELLERS.
1131
1132	As a single agent, ............ (insert name of Real Estate
1133	Entity and its Associate) owe to you the following duties:
1134	1. Dealing honestly and fairly;
1135	2. Loyalty;
1136	3. Confidentiality;
1137	4. Obedience;
1138	5. Full disclosure;
1139	6. Accounting for all funds;
1140	7. Skill, care, and diligence in the transaction;
1141	8. Presenting all offers and counteroffers in a timely
1142	manner, unless a party has previously directed the licensee
1143	otherwise in writing; and
1144	9. Disclosing all known facts that materially affect the
1145	value of residential real property and are not readily
1146	observable.
1147
1148	........
1149	.............................
1150	.
1151	DateSignature
1152
1153	.............................
1154	.
1155	Signature
1156	(d) Dual agency prohibited.--A licensee may enter into a
1157	brokerage relationship as a single agent with potential buyers
1158	and sellers, but may not operate as a disclosed or undisclosed
1159	dual agent. As used in this section, the term "dual agent" means
1160	a broker who represents as a fiduciary both the prospective
1161	buyer and the prospective seller in a real estate transaction.
1162	(3) TRANSITION TO TRANSACTION BROKER.--
1163	(a) From single agent relationship.--A single agent
1164	relationship may be changed to a transaction broker relationship
1165	at any time during the relationship between an agent and
1166	principal, provided the agent gives the disclosure contained in
1167	paragraph (b) to the principal and the principal gives written
1168	consent to the agent before a change in relationship. This
1169	disclosure must be given to the principal in writing, either as
1170	a separate and distinct document or included as part of other
1171	documents such as a listing agreement or other agreements for
1172	representation. When incorporated into other documents, the
1173	required disclosure must be of the same size type, or larger, as
1174	other provisions of the document and must be conspicuous in its
1175	placement so as to advise customers of the duties of limited
1176	representation, except that the first sentence of the disclosure
1177	must be printed in uppercase bold type.
1178	(b) Contents of disclosure.--The disclosure required under
1179	paragraph (a) must include the following information in the
1180	following form:
1181
1182	TRANSITION TO
1183	TRANSACTION BROKER NOTICE
1184
1185	FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER
1186	OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT
1187	RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER
1188	FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE
1189	TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO
1190	BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP
1191	CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT.
1192
1193	As a transaction broker, ............ (insert name of Real
1194	Estate Firm and its Associate), provides to you a limited form
1195	of representation that includes the following duties:
1196	1. Dealing honestly and fairly;
1197	2. Accounting for all funds;
1198	3. Using skill, care, and diligence in the transaction;
1199	4. Disclosing all known facts that materially affect the
1200	value of residential real property and are not readily
1201	observable to the buyer;
1202	5. Presenting all offers and counteroffers in a timely
1203	manner, unless a party has previously directed the licensee
1204	otherwise in writing;
1205	6. Limited confidentiality, unless waived in writing by a
1206	party. This limited confidentiality will prevent disclosure that
1207	the seller will accept a price less than the asking or listed
1208	price, that the buyer will pay a price greater than the price
1209	submitted in a written offer, of the motivation of any party for
1210	selling or buying property, that a seller or buyer will agree to
1211	financing terms other than those offered, or of any other
1212	information requested by a party to remain confidential; and
1213	7. Any additional duties that are entered into by this or
1214	by separate written agreement.
1215
1216	Limited representation means that a buyer or seller is not
1217	responsible for the acts of the licensee. Additionally, parties
1218	are giving up their rights to the undivided loyalty of the
1219	licensee. This aspect of limited representation allows a
1220	licensee to facilitate a real estate transaction by assisting
1221	both the buyer and the seller, but a licensee will not work to
1222	represent one party to the detriment of the other party when
1223	acting as a transaction broker to both parties.
1224
1225	I agree that the licensee named above may assume the role and
1226	duties of a transaction broker.
1227
1228	......................................
1229	DateSignature
1230
1231	..............................
1232	Signature
1233	(4) NO BROKERAGE RELATIONSHIP.--
1234	(a) Brokerage relationship not required.--This part does
1235	not require a customer to enter into a brokerage relationship
1236	with any licensee.
1237	(b) No brokerage relationship duties.--A licensee owes to
1238	a potential seller or potential buyer with whom the licensee has
1239	no brokerage relationship the following duties:
1240	1. Dealing honestly and fairly;
1241	2. Disclosing all known facts that materially affect the
1242	value of the residential real property which are not readily
1243	observable to the buyer; and
1244	3. Accounting for all funds entrusted to the licensee.
1245	(c) Disclosure requirements.--A licensee who has no
1246	brokerage relationship with a potential buyer or potential
1247	seller must give the potential buyer or potential seller the
1248	disclosure contained in paragraph (d). The disclosure must be
1249	given in writing prior to the showing of property. When
1250	incorporated into other documents, the required disclosure must
1251	be of the same size type, or larger, as other provisions of the
1252	document and must be conspicuous in its placement so as to
1253	advise customers of the duties of a licensee that has no
1254	brokerage relationship with a buyer or seller, except that the
1255	first sentence of the information identified in paragraph (d)
1256	must be printed in uppercase bold type.
1257	(d) Contents of disclosure.--The disclosure required under
1258	paragraph (c) must include the following information in the
1259	following form:
1260
1261	NO BROKERAGE RELATIONSHIP NOTICE
1262
1263	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO
1264	BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OF BUYER DISCLOSE
1265	THEIR DUTIES TO SELLERS AND BUYERS.
1266
1267	As a real estate licensee who has no brokerage relationship with
1268	you, ............ (insert name of Real Estate Entity and its
1269	Associate) owe to you the following duties:
1270	1. Dealing honestly and fairly;
1271	2. Disclosing all known facts that materially affect the
1272	value of residential real property which are not readily
1273	observable to the buyer.
1274	3. Accounting for all funds entrusted to the licensee.
1275
1276	......................................
1277	DateSignature
1278
1279	..............................
1280	Signature
1281	(5) APPLICABILITY.--
1282	(a) Residential sales.--The disclosure requirements
1283	contained in this section apply to all residential sales. As
1284	used in this subsection, the term "residential sale" means the
1285	sale of improved residential property of four units or fewer,
1286	the sale of unimproved residential property intended for use of
1287	four units or fewer, or the sale of agricultural property of 10
1288	acres or less.
1289	(b) Disclosure limitations.--
1290	1. The disclosure requirements contained in this section
1291	do not apply when a licensee knows that the potential seller or
1292	buyer is represented by a single agent or a transaction broker;
1293	or when an owner is selling new residential units built by the
1294	owner and the circumstances or setting should reasonably inform
1295	the potential buyer that the owner's employee or single agent is
1296	acting on behalf of the owner, whether because of the location
1297	of the sales office or because of office signage or placards or
1298	identification badges worn by the owner's employee or single
1299	agent.
1300	2. The disclosure requirements contained in this section
1301	do not apply to nonresidential transactions; the rental or
1302	leasing of real property, unless an option to purchase all or a
1303	portion of the property improved with four or fewer residential
1304	units is given; a bona fide "open house" or model home showing
1305	that does not involve eliciting confidential information, the
1306	execution of a contractual offer or an agreement for
1307	representation, or negotiations concerning price, terms, or
1308	conditions of a potential sale; unanticipated casual
1309	conversations between a licensee and a seller or buyer which do
1310	not involve eliciting confidential information, the execution of
1311	a contractual offer or agreement for representation, or
1312	negotiations concerning price, terms, or conditions of a
1313	potential sale; responding to general factual questions from a
1314	potential buyer or seller concerning properties that have been
1315	advertised for sale; situations in which a licensee's
1316	communications with a potential buyer or seller are limited to
1317	providing general factual information, oral or written, about
1318	the qualifications, background, and services of the licensee or
1319	the licensee's brokerage firm; auctions; appraisals; and
1320	dispositions of any interest in business enterprises or business
1321	opportunities, except for property with four or fewer
1322	residential units.
1323	Section 18. Subsection (1) of section 475.31, Florida
1324	Statutes, is amended to read:
1325	475.31 Final orders.--
1326	(1) An order revoking or suspending the license of a
1327	broker shall automatically causecancel the licenses of all
1328	broker associatessalespersonsregistered with the broker, and,
1329	if a partnership or corporation, of all members, officers, and
1330	directors thereof to become involuntarily inactive, while the
1331	license of the broker is inoperative or until new employment or
1332	connection is secured.
1333	Section 19. Section 475.37, Florida Statutes, is amended
1334	to read:
1335	475.37 Effect of reversal of order of court or
1336	commission.--If the order of the court or commission denying a
1337	license or taking any disciplinary action against a licensee is
1338	finally reversed and set aside, the defendant shall be restored
1339	to her or his rights and privileges as a broker or broker
1340	associatesalespersonas of the date of filing the mandate or a
1341	copy thereof with the commission. The matters and things alleged
1342	in the information shall not thereafter be reexamined in any
1343	other proceeding concerning the licensure of the defendant. If
1344	the inquiry concerned was in reference to an application for
1345	licensure, the application shall stand approved, and such
1346	application shall be remanded for further proceedings according
1347	to law.
1348	Section 20. Section 475.4005, Florida Statutes, is created
1349	to read:
1350	475.4005 Unlicensed practice of profession regulated in
1351	this chapter; cease and desist notice; civil penalty;
1352	enforcement; citations; allocation of moneys.--
1353	(1) When the commission has probable cause to believe that
1354	any person not licensed by the department has violated any
1355	provision of this chapter or any statute that relates to the
1356	practice of a profession regulated under this chapter or any
1357	rule adopted pursuant thereto, the commission may issue and
1358	deliver to such person a notice to cease and desist from such
1359	violation. In addition, the commission may issue and deliver a
1360	notice to cease and desist to any person who aids and abets such
1361	unlicensed practice by employing such unlicensed persons. The
1362	issuance of a notice to cease and desist shall not constitute
1363	agency action for which a hearing under ss. 120.569 and 120.57
1364	may be sought. For the purpose of enforcing a cease and desist
1365	order, the commission may file a proceeding in the name of the
1366	state seeking issuance of an injunction or a writ of mandamus
1367	against any person who violates any provision of such order. In
1368	addition to the foregoing remedies, the commission may impose an
1369	administrative penalty not to exceed $5,000 per incident
1370	pursuant to the provisions of chapter 120 or may issue a
1371	citation pursuant to subsection (3). If the commission is
1372	required to seek enforcement of the order for a penalty pursuant
1373	to s. 120.569, it is entitled to collect its attorney's fees and
1374	costs, together with any cost of collection.
1375	(2) In addition to or in lieu of any remedy provided in
1376	subsection (1), the department may seek the imposition of a
1377	civil penalty through the circuit court for any violation for
1378	which the commission may issue a notice to cease and desist
1379	under subsection (1). The civil penalty shall be no less than
1380	$500 and no more than $5,000 for each offense. The court may
1381	also award to the prevailing party court costs and reasonable
1382	attorney's fees and, if the commission prevails, may also award
1383	reasonable costs of investigation.
1384	(3)(a) Notwithstanding s. 455.225, the commission shall
1385	adopt rules to permit the issuance of citations for unlicensed
1386	practice of a profession regulated under this chapter. The
1387	citation shall be issued to the subject and shall contain the
1388	subject's name and any other information the department
1389	determines to be necessary to identify the subject, a brief
1390	factual statement, the sections of law allegedly violated, and
1391	the penalty imposed. The citation must clearly state that the
1392	subject may choose, in lieu of accepting the citation, to follow
1393	the procedure under s. 455.225. If the subject disputes the
1394	matter in the citation, the procedures set forth in s. 455.225
1395	must be followed. However, if the subject does not dispute the
1396	matter in the citation with the commission within 30 days after
1397	the citation is served, the citation shall become a final order
1398	of the commission. The penalty shall be a fine of not less than
1399	$500 or more than $5,000 or other conditions as established by
1400	rule.
1401	(b) Each day that the unlicensed practice continues after
1402	issuance of a citation constitutes a separate violation.
1403	(c) The commission may recover the costs of investigation,
1404	in addition to any penalty provided according to commission rule
1405	as part of the penalty levied pursuant to the citation.
1406	(d) Service of a citation may be made by personal service
1407	or certified mail, restricted delivery, to the subject at the
1408	subject's last known address.
1409	(4) All fines, fees, and costs collected through the
1410	procedures set forth in this section shall be allocated to the
1411	Real Estate Recovery Fund.
1412	(5) The commission shall employ attorneys and
1413	investigators to investigate and prosecute unlicensed activity
1414	in real estate transactions.
1415	Section 21. Section 475.41, Florida Statutes, is amended
1416	to read:
1417	475.41 Contracts of unlicensed person for commissions
1418	invalid.--No contract for a commission or compensation for any
1419	act or service enumerated in s. 475.01(3) is valid unless the
1420	broker or broker associatesalespersonhas complied with this
1421	chapter in regard to issuance and renewal of the license at the
1422	time the act or service was performed.
1423	Section 22. Subsection (1) of section 475.42, Florida
1424	Statutes, is amended to read:
1425	475.42 Violations and penalties.--
1426	(1) VIOLATIONS.--
1427	(a) ANo person may notshall operate as a broker or
1428	broker associatesalespersonwithout being the holder of a valid
1429	and current active license therefor.
1430	(b) ANo person licensed as a broker associate may not
1431	salesperson shall operate as a broker or operate as a broker
1432	associatesalespersonfor any person not registered as her or
1433	his employer.
1434	(c) ANo broker may notshallemploy, or continue in
1435	employment, any person as a broker or broker associate
1436	salespersonwho is not the holder of a valid and current license
1437	as broker or broker associate, respectivelysalesperson; but a
1438	license as salesperson may be issued to a person licensed as an
1439	active broker, upon request and surrender of the license as
1440	broker, without a fee in addition to that paid for the issuance
1441	of the broker's active license.
1442	(d) A broker associate may notNo salesperson shall
1443	collect any money in connection with any real estate brokerage
1444	transaction, whether as a commission, deposit, payment, rental,
1445	or otherwise, except in the name of the employer and with the
1446	express consent of the employer; and no real estate broker
1447	associatesalesperson, whether the holder of a valid and current
1448	license or not, shall commence or maintain any action for a
1449	commission or compensation in connection with a real estate
1450	brokerage transaction against any person except a person
1451	registered as her or his employer at the time the broker
1452	associatesalespersonperformed the act or rendered the service
1453	for which the commission or compensation is due.
1454	(e) ANo person may notshallviolate any lawful order or
1455	rule of the commission which is binding upon her or him.
1456	(f) ANo person may notshallcommit any conduct or
1457	practice set forth in s. 475.25(1)(b), (c), (d), or (h).
1458	(g) ANo person may notshallmake any false affidavit or
1459	affirmation intended for use as evidence by or before the
1460	commission or a member thereof, or by any of its authorized
1461	representatives, nor mayshallany person give false testimony
1462	under oath or affirmation to or before the commission or any
1463	member thereof in any proceeding authorized by this chapter.
1464	(h) ANo person may notshallfail or refuse to appear at
1465	the time and place designated in a subpoena issued with respect
1466	to a violation of this chapter, unless because of facts that are
1467	sufficient to excuse appearance in response to a subpoena from
1468	the circuit court; nor mayshalla person who is present before
1469	the commission or a member thereof or one of its authorized
1470	representatives acting under authority of this chapter refuse to
1471	be sworn or to affirm or fail or refuse to answer fully any
1472	question propounded by the commission, the member, or such
1473	representative, or by any person by the authority of such
1474	officer or appointee; nor mayshallany person, so being
1475	present, conduct herself or himself in a disorderly,
1476	disrespectful, or contumacious manner.
1477	(i) ANo person may notshallobstruct or hinder in any
1478	manner the enforcement of this chapter or the performance of any
1479	lawful duty by any person acting under the authority of this
1480	chapter or interfere with, intimidate, or offer any bribe to any
1481	member of the commission or any of its employees or any person
1482	who is, or is expected to be, a witness in any investigation or
1483	proceeding relating to a violation of this chapter.
1484	(j) ANo broker or broker associate may notsalesperson
1485	shallplace, or cause to be placed, upon the public records of
1486	any county, any contract, assignment, deed, will, mortgage,
1487	affidavit, or other writing which purports to affect the title
1488	of, or encumber, any real property if the same is known to her
1489	or him to be false, void, or not authorized to be placed of
1490	record, or not executed in the form entitling it to be recorded,
1491	or the execution or recording whereof has not been authorized by
1492	the owner of the property, maliciously or for the purpose of
1493	collecting a commission, or to coerce the payment of money to
1494	the broker or broker associatesalespersonor other person, or
1495	for any unlawful purpose. However, nothing in this paragraph
1496	shall be construed to prohibit a broker or a broker associate
1497	salespersonfrom recording a judgment rendered by a court of
1498	this state or to prohibit a broker from placing a lien on a
1499	property where expressly permitted by contractual agreement.
1500	(k) ANo person may notshalloperate as a broker under a
1501	trade name without causing the trade name to be noted in the
1502	records of the commission and placed on the person's license, or
1503	so operate as a member of a partnership or as a corporation or
1504	as an officer or manager thereof, unless such partnership or
1505	corporation is the holder of a valid current registration.
1506	(l) ANo person may notshallknowingly conceal any
1507	information relating to violations of this chapter.
1508	(m) ANo person may notshallundertake to list or sell
1509	one or more timeshare periods per year in one or more timeshare
1510	plans on behalf of any number of persons without first being the
1511	holder of a valid and current license as a broker or broker
1512	associatesalespersonpursuant to this chapter, except as
1513	provided in s. 475.011 and chapter 721.
1514	(n) ANo broker or broker associate may notsalesperson
1515	shallenter into any listing or other agreement regarding her or
1516	his services in connection with the resale of a timeshare period
1517	unless the broker or broker associatesalespersonfully and
1518	fairly discloses all material aspects of the agreement to the
1519	owner of the timeshare period and fully complies with the
1520	provisions of s. 475.452. Further, ano broker or broker
1521	associate may not usesalesperson shall utilizeany form of
1522	contract or purchase and sale agreement in connection with the
1523	resale of a timeshare period unless the contract or purchase and
1524	sale agreement fully and fairly discloses all material aspects
1525	of the timeshare plan and the rights and obligations of both
1526	buyer and seller. The commission is authorized to adopt
1527	promulgaterules pursuant to chapter 120 as necessary to
1528	implement, enforce, and interpret this paragraph.
1529	(o) A person may not disseminate or cause to be
1530	disseminated by any means any false or misleading information
1531	for the purpose of offering for sale, or for the purpose of
1532	causing or inducing any other person to purchase, lease, or
1533	rent, real estate located in the state or for the purpose of
1534	causing or inducing any other person to acquire an interest in
1535	the title to real estate located in the state.
1536	Section 23. Section 475.43, Florida Statutes, is amended
1537	to read:
1538	475.43 Presumptions.--In all criminal cases, contempt
1539	cases, and other cases filed pursuant to this chapter, if a
1540	party has sold, leased, or let real estate, the title to which
1541	was not in the party when it was offered for sale, lease, or
1542	letting, or such party has maintained an office bearing signs
1543	that real estate is for sale, lease, or rental thereat, or has
1544	advertised real estate for sale, lease, or rental, generally, or
1545	describing property, the title to which was not in such party at
1546	the time, it shall be a presumption that such party was acting
1547	or attempting to act as a real estate broker, and the burden of
1548	proof shall be upon him or her to show that he or she was not
1549	acting or attempting to act as a broker or broker associate
1550	salesperson. All contracts, options, or other devices not based
1551	upon a substantial consideration, or that are otherwise employed
1552	to permit an unlicensed person to sell, lease, or let real
1553	estate, the beneficial title to which has not, in good faith,
1554	passed to such party for a substantial consideration, are hereby
1555	declared void and ineffective in all cases, suits, or
1556	proceedings had or taken under this chapter; however, this
1557	section shall not apply to irrevocable gifts, to unconditional
1558	contracts to purchase, or to options based upon a substantial
1559	consideration actually paid and not subject to any agreements to
1560	return or right of return reserved.
1561	Section 24. Section 475.451, Florida Statutes, is amended
1562	to read:
1563	475.451 Schools teaching real estate practice.--
1564	(1) Each person, school, or institution, except approved
1565	and accredited colleges, universities, community colleges, and
1566	area technical centers in this state, which offers or conducts
1567	any course of study in real estate practice, teaches any course
1568	prescribed by the commission as a condition precedent to
1569	licensure or renewal of licensure as a broker or broker
1570	associatesalesperson, or teaches any course designed or
1571	represented to enable or assist applicants for licensure as
1572	brokers or broker associatessalespersonsto pass examinations
1573	for such licensure shall, before commencing or continuing
1574	further to offer or conduct such course or courses, obtain a
1575	permit from the department and abide by the regulations imposed
1576	upon such person, school, or institution by this chapter and
1577	rules of the commission adopted pursuant to this chapter. The
1578	exemption for colleges, universities, community colleges, and
1579	area technical centers is limited to transferable college credit
1580	courses offered by such institutions.
1581	(2) An applicant for a permit to operate a proprietary
1582	real estate school, to be a chief administrator of a proprietary
1583	real estate school or a state institution, or to be an
1584	instructor for a proprietary real estate school or a state
1585	institution must meet the qualifications for practice set forth
1586	in s. 475.17(1) and the following minimal requirements:
1587	(a) "School permitholder" means the individual who is
1588	responsible for directing the overall operation of a proprietary
1589	real estate school. A school permitholder must be the holder of
1590	a license as a broker, either active or voluntarily inactive, or
1591	must have passed an instructor's examination approved by the
1592	commission. A school permitholder must also meet the
1593	requirements of a school instructor if actively engaged in
1594	teaching.
1595	(b) "Chief administrative person" means the individual who
1596	is responsible for the administration of the overall policies
1597	and practices of the institution or proprietary real estate
1598	school. A chief administrative person must also meet the
1599	requirements of a school instructor if actively engaged in
1600	teaching.
1601	(c) "School instructor" means an individual who instructs
1602	persons in the classroom in noncredit college courses in a
1603	college, university, or community college or courses in an area
1604	technical center or proprietary real estate school.
1605	1. Before commencing to provide such instruction, the
1606	applicant must certify the applicant's competency and obtain an
1607	instructor permit by meeting one of the following requirements:
1608	a. Hold a bachelor's degree in a business-related subject,
1609	such as real estate, finance, accounting, business
1610	administration, or its equivalent and hold a valid broker's
1611	license in this state.
1612	b. Hold a bachelor's degree, have extensive real estate
1613	experience, as defined by rule, and hold a valid broker's
1614	license in this state.
1615	c. Pass an instructor's examination approved by the
1616	commission.
1617	2. Any requirement by the commission for a teaching
1618	demonstration or practical examination must apply to all school
1619	instructor applicants.
1620	3. The department shall renew an instructor permit upon
1621	receipt of a renewal application and fee. The renewal
1622	application shall include proof that the permitholder has, since
1623	the issuance or renewal of the current permit, successfully
1624	completed a minimum of 415 classroom hours of instruction
1625	provided by the commission covering changes in the law and case
1626	law for each biennium of a license periodin real estate
1627	subjects or instructional techniques, as prescribed by the
1628	commission. The commission shall adopt rules providing for the
1629	renewal of instructor permits at least every 42years. Any
1630	permit which is not renewed at the end of the permit period
1631	established by the department shall automatically revert to
1632	involuntarily inactive status.
1633
1634	The department may require an applicant to submit names of
1635	persons having knowledge concerning the applicant and the
1636	enterprise; may propound interrogatories to such persons and to
1637	the applicant concerning the character of the applicant,
1638	including the taking of fingerprints for processing through the
1639	Federal Bureau of Investigation; and shall make such
1640	investigation of the applicant or the school or institution as
1641	it may deem necessary to the granting of the permit. If an
1642	objection is filed, it shall be considered in the same manner as
1643	objections or administrative complaints against other applicants
1644	for licensure by the department.
1645	(3) It is unlawful for any person, school, or institution
1646	to offer the courses described in subsection (1) or to conduct
1647	classes in such courses, regardless of the number of pupils,
1648	whether by correspondence or otherwise, without first procuring
1649	a permit, or to guarantee that its pupils will pass any
1650	examinations required for licensure,or to represent that the
1651	issuance of a permit is any recommendation or endorsement of the
1652	person, school, or institution to which it is issued or of any
1653	course of instruction given thereunder.
1654	(4) Any person who violates this section commits a
1655	misdemeanor of the second degree, punishable as provided in s.
1656	775.082 or s. 775.083.
1657	(5) The location of classes and frequency of class
1658	meetings and the provision of interactivedistance learning
1659	courses shall be in the discretion of the school offering real
1660	estate courses, so long as such courses conform to s. 475.17(2).
1661	(6) Any course prescribed by the commission as a condition
1662	precedent to any person's becoming initially licensed as a
1663	broker associatesalespersonmay be taught in any real estate
1664	school through the use of a video tape of instruction by a
1665	currently permitted instructor from any such school or may be
1666	taught by interactivedistance learning pursuant to s.
1667	475.17(2). The commission may require that any such video tape
1668	course have a single session of live instruction by a currently
1669	permitted instructor from any such school; however, this
1670	requirement shall not exceed 3 classroom hours. All other
1671	prescribed courses, except the continuing education course
1672	required by s. 475.182, shall be taught by a currently permitted
1673	school instructor personally in attendance at such course or by
1674	interactivedistance learning pursuant to s. 475.17. The
1675	continuing education course required by s. 475.182 may be taught
1676	by interactivedistance learning pursuant to s. 475.17 or by an
1677	equivalent correspondence course; however, any such
1678	correspondence course shall be required to have a final
1679	examination, prepared and administered by the school issuing the
1680	correspondence course. The continuing education requirements
1681	provided in this section or provided in any other section in
1682	this chapter do not apply with respect to any attorney who is
1683	otherwise qualified under the provisions of this chapter.
1684	(7) Any person holding a school instructor permit on
1685	October 1, 1983, is exempt from the instructor examination
1686	requirements of paragraph (2)(c) as long as the person
1687	continuously holds such a permit and complies with all other
1688	requirements of this chapter.
1689	(7)(8)A permitholder under this section may be issued
1690	additional permits whenever it is clearly shown that the
1691	requested additional permits are necessary to the conduct of the
1692	business of a real estate school and that the additional permits
1693	will not be used in a manner likely to be prejudicial to any
1694	person, including a licensee or a permitholder under this
1695	chapter.
1696	Section 25. Subsections (3), (4), and (5) of section
1697	475.4511, Florida Statutes, are repealed.
1698	Section 26. Section 475.453, Florida Statutes, is amended
1699	to read:
1700	475.453 Rental information; contract or receipt; refund;
1701	penalty.--
1702	(1) Each broker or broker associatesalespersonwho
1703	attempts to negotiate a rental, or who furnishes rental
1704	information to a prospective tenant, for a fee paid by the
1705	prospective tenant shall provide such prospective tenant with a
1706	contract or receipt, which contract or receipt contains a
1707	provision for the repayment of any amount over 25 percent of the
1708	fee to the prospective tenant if the prospective tenant does not
1709	obtain a rental. If the rental information provided by the
1710	broker or broker associatesalespersonto a prospective tenant
1711	is not current or accurate in any material respect, the full fee
1712	shall be repaid to the prospective tenant upon demand. A demand
1713	from the prospective tenant for the return of the fee, or any
1714	part thereof, shall be made within 30 days following the day on
1715	which the real estate broker or broker associatesalespersonhas
1716	contracted to perform services to the prospective tenant. The
1717	contract or receipt shall also conform to the guidelines adopted
1718	by the commission in order to effect disclosure of material
1719	information regarding the service to be provided to the
1720	prospective tenant.
1721	(2) The commission may adopt a guideline for the form of
1722	the contract or receipt required to be provided by brokers or
1723	broker associatessalespersonspursuant to the provisions of
1724	subsection (1).
1725	(3)(a) Any person who violates any provision of subsection
1726	(1) is guilty of a misdemeanor of the first degree, punishable
1727	as provided in s. 775.082 or s. 775.083.
1728	(b) In addition to the penalty prescribed in paragraph
1729	(a), the license of any broker or broker associatesalesperson
1730	who participates in any rental information transaction which is
1731	in violation of the provisions of subsection (1) shall be
1732	subject to suspension or revocation by the commission in the
1733	manner prescribed by law.
1734	Section 27. Section 475.455, Florida Statutes, is amended
1735	to read:
1736	475.455 Exchange of disciplinary information.--The
1737	commission shall inform the Division of Florida Land Sales,
1738	Condominiums, and Mobile Homes of the Department of Business and
1739	Professional Regulation of any disciplinary action the
1740	commission has taken against any of its licensees. The division
1741	shall inform the commission of any disciplinary action the
1742	division has taken against any broker or broker associate
1743	salespersonregistered with the division.
1744	Section 28. Section 475.482, Florida Statutes, is amended
1745	to read:
1746	475.482 Real Estate Recovery Fund.--There is created the
1747	Florida Real Estate Recovery Fund as a separate account in the
1748	Professional Regulation Trust Fund.
1749	(1) The Florida Real Estate Recovery Fund shall be
1750	disbursed as provided in s. 475.484, on order of the commission,
1751	as reimbursement to any person, partnership, or corporation
1752	adjudged by a court of competent civil jurisdiction in this
1753	state to have suffered monetary damages by reason of any act
1754	committed, as a part of any real estate brokerage transaction
1755	involving real property in this state, by any broker or broker
1756	associatesalespersonwho:
1757	(a) Was, at the time the alleged act was committed, the
1758	holder of a current, valid, active real estate license issued
1759	under this part;
1760	(b) Was neither the seller, buyer, landlord, or tenant in
1761	the transaction nor an officer or a director of a corporation, a
1762	member of a partnership, a member of a limited liability
1763	company, or a partner of a limited liability partnership which
1764	was the seller, buyer, landlord, or tenant in the transaction;
1765	and
1766	(c) Was acting solely in the capacity of a real estate
1767	licensee in the transaction;
1768
1769	provided the act was a violation proscribed in s. 475.25 or s.
1770	475.42.
1771	(2) The Real Estate Recovery Fund shall also be disbursed
1772	as provided in s. 475.484, on order of the commission, as
1773	reimbursement to any broker or broker associatesalespersonwho
1774	is required by a court of competent civil jurisdiction to pay
1775	monetary damages due to a distribution of escrow moneys which is
1776	made in compliance with an escrow disbursement order issued by
1777	the commission. However, in no case shall the fund be disbursed
1778	when the broker or broker associatesalespersonfails to notify
1779	the commission and to diligently defend an action wherein the
1780	broker or broker associatesalespersonmay be required by a
1781	court of competent civil jurisdiction to pay monetary damages
1782	due to a distribution of escrow moneys which is made in
1783	compliance with an escrow disbursement order issued by the
1784	commission.
1785	(3) A fee of $3.50 per year shall be added to the license
1786	fee for both new licenses and renewals of licenses for brokers,
1787	and a fee of $1.50 per year shall be added for new licenses and
1788	renewals of licenses for broker associatessalespersons. This
1789	fee shall be in addition to the regular license fee and shall be
1790	deposited in or transferred to the Real Estate Recovery Fund.
1791	If the fund at any time exceeds $1 million$750,000, collection
1792	of special fees for this fund shall be discontinued at the end
1793	of the licensing renewal cycle. Such special fees shall not be
1794	reimposed unless the fund is reduced below $500,000 by
1795	disbursement made in accordance with this chapter.
1796	(4) In addition, all moneys collected from fines imposed
1797	by the commission and collected by the department shall be
1798	transferred into the Real Estate Recovery Fund.
1799	Section 29. Paragraph (a) of subsection (1) and
1800	subsections (2) and (3) of section 475.483, Florida Statutes,
1801	are amended to read:
1802	475.483 Conditions for recovery; eligibility.--
1803	(1) Any person is eligible to seek recovery from the Real
1804	Estate Recovery Fund if:
1805	(a) Such person has received a final judgment in a court
1806	of competent civil jurisdiction in this state against an
1807	individual broker or broker associatesalespersonin any action
1808	wherein the cause of action was based on a real estate brokerage
1809	transaction. If such person is unable to secure a final judgment
1810	against a licensee due to the death of the licensee, the
1811	commission may waive the requirement for a final judgment. The
1812	filing of a bankruptcy petition by a broker or broker associate
1813	salespersondoes not relieve a claimant from the obligation to
1814	obtain a final judgment against the licensee. In this instance,
1815	the claimant must seek to have assets involving the real estate
1816	transaction that gave rise to the claim removed from the
1817	bankruptcy proceedings so that the matter might be heard in a
1818	court of competent civil jurisdiction in this state. If, after
1819	due diligence, the claimant is precluded by action of the
1820	bankruptcy court from securing a final judgment against the
1821	licensee, the commission may waive the requirement for a final
1822	judgment.
1823	(2) A person is not qualified to make a claim for recovery
1824	from the Real Estate Recovery Fund, if:
1825	(a) Such person is the spouse of the judgment debtor or a
1826	personal representative of such spouse;
1827	(b) Such person is a licensed broker or broker associate
1828	salespersonwho acted as a single agent or transaction broker in
1829	the transaction that is the subject of the claim;
1830	(c) Such person's claim is based upon a real estate
1831	transaction in which the licensed broker or broker associate
1832	salespersonwas the owner of or controlled the property involved
1833	in the transaction; in which the licensee was dealing for the
1834	licensee's own account; or in which the licensee was not acting
1835	as a broker or broker associatesalesperson;
1836	(d) Such person's claim is based upon a real estate
1837	transaction in which the broker or broker associatesalesperson
1838	did not hold a valid, current, and active license at the time of
1839	the real estate transaction; or
1840	(e) The judgment is against a real estate brokerage
1841	corporation, partnership, limited liability company, or limited
1842	liability partnership.
1843	(3) The commission may pay attorney's fees and court costs
1844	If the claim is of the type described in s. 475.482(2), the
1845	commission shall pay the defendant's attorney's fees and court
1846	costs and, if the plaintiff prevails in court, the plaintiff's
1847	attorney's fees and court costs.
1848	Section 30. Subsections (1), (3), (4), (5), and (7) of
1849	section 475.484, Florida Statutes, are amended to read:
1850	475.484 Payment from the fund.--
1851	(1) Any person who meets all of the conditions prescribed
1852	in s. 475.482(1) or (2) may apply to the commission to cause
1853	payment to be made to such person from the Real Estate Recovery
1854	Fund:
1855	(a) Under s. 475.482(1), in an amount equal to the
1856	unsatisfied portion of such person's judgment or $50,000
1857	$25,000, whichever is less, but only to the extent and amount
1858	reflected in the judgment as being actual or compensatory
1859	damages. Except as provided in s. 475.483, treble damages, court
1860	costs, attorney's fees, and interest shall not be recovered from
1861	the fund.
1862	(b) Under s. 475.482(2), in an amount equal to the
1863	judgment against the broker or broker associatesalesperson or
1864	$50,000$25,000, whichever is less.
1865	(3) Payments for claims arising out of the same
1866	transaction shall be limited, in the aggregate, to $50,000
1867	$25,000, regardless of the number of claimants or parcels of
1868	real estate involved in the transaction.
1869	(4) Payments for claims based upon judgments against any
1870	one broker or broker associatesalespersonmay not exceed, in
1871	the aggregate, $150,000$75,000.
1872	(5) If at any time the moneys in the Real Estate Recovery
1873	Fund are insufficient to satisfy any valid claim or portion
1874	thereof, the commission shall satisfy such unpaid claim or
1875	portion thereof as soon as a sufficient amount of money has been
1876	deposited in or transferred to the fund. When there is more than
1877	one unsatisfied claim outstanding, such claims shall be paid in
1878	the order in which the claims were approved by the commission.
1879	However, if the total claims approved at any one commission
1880	meeting exceed the aggregate amount established in subsection
1881	(4) against any one broker or broker associatesalesperson, the
1882	claims approved on that day shall be prorated.
1883	(7) Upon the payment of any amount from the Real Estate
1884	Recovery Fund in settlement of a claim in satisfaction of a
1885	judgment against a broker or broker associatesalespersonas
1886	described in s. 475.482(1), the license of such broker or broker
1887	associatesalespersonshall be automatically suspended upon the
1888	date of payment from the fund. The license of such broker or
1889	broker associatesalespersonmay not be reinstated until the
1890	licensee has repaid in full, plus interest, the amount paid from
1891	the fund. No further administrative action is necessary. A
1892	discharge of bankruptcy does not relieve a licensee from the
1893	penalties and disabilities provided in this section, except to
1894	the extent that this subsection conflicts with 11 U.S.C. s. 525,
1895	in which case the commission may order the license not to be
1896	suspended or otherwise discriminated against.
1897	Section 31. Subsection (2) of section 475.5017, Florida
1898	Statutes, is amended to read:
1899	475.5017 Injunctive relief; powers.--
1900	(2) All expenses of the receiver shall be paid out of the
1901	assets of the brokerage firm upon application to and approval by
1902	the court. If the assets are not sufficient to pay all the
1903	expenses of the receiver, the court may order disbursement from
1904	the Real Estate Recovery Fund, which may not exceed $100,000
1905	$75,000per receivership.
1906	Section 32. Subsections (2) and (3) of section 475.612,
1907	Florida Statutes, are amended to read:
1908	475.612 Certification, licensure, or registration
1909	required.--
1910	(2) This section does not preclude a broker, salesperson,
1911	or broker associatebroker-salespersonwho is not a certified or
1912	licensed real estate appraiser or registered assistant real
1913	estate appraiser from appraising real estate for compensation.
1914	Such persons may continue to provide appraisals and appraisal
1915	services for compensation so long as they do not represent
1916	themselves as certified, licensed, or registered under this
1917	part.
1918	(3) This section does not apply to a real estate broker or
1919	broker associatesalespersonwho, in the ordinary course of
1920	business, performs a comparative market analysis, gives a broker
1921	price opinion, or gives an opinion of the value of real estate.
1922	However, in no event may this comparative market analysis,
1923	broker price opinion, or opinion of value of real estate be
1924	referred to or construed as an appraisal.
1925	Section 33. Section 689.25, Florida Statutes, is amended
1926	to read:
1927	689.25 Failure to disclose homicide, other felony,
1928	suicide, deaths, ordiagnosis of HIV or AIDS infection in an
1929	occupant of real property.--
1930	(1)(a)The fact that an occupant of real property is
1931	infected or has been infected with human immunodeficiency virus
1932	or diagnosed with acquired immune deficiency syndrome is not a
1933	material fact that must be disclosed in a real estate
1934	transaction.
1935	(b) The fact that a property was, or was at any time
1936	suspected to have been, the site of a homicide or other felony,
1937	suicide, or death is not a material fact that must be disclosed
1938	in a real estate transaction.
1939	(2) ANo cause of action shall not arisearisesagainst an
1940	owner of real property,or his or her agent, anor against any
1941	agent of a transferee of real property, or a person licensed
1942	under chapter 475 for the failure to disclose to the transferee
1943	that the property was or was suspected to have been the site of
1944	a homicide or other felony, suicide, or death orthat an
1945	occupant of that property was infected with human
1946	immunodeficiency virus or diagnosed with acquired immune
1947	deficiency syndrome.
1948	Section 34. Sections 475.421, 475.422, and 475.452,
1949	Florida Statutes, are repealed.
1950	Section 35. Paragraph (d) of subsection (3) of section
1951	83.49, Florida Statutes, is amended to read:
1952	83.49 Deposit money or advance rent; duty of landlord and
1953	tenant.--
1954	(3)
1955	(d) Compliance with this section by an individual or
1956	business entity authorized to conduct business in this state,
1957	including Florida-licensed real estate brokers and broker
1958	associatessalespersons, shall constitute compliance with all
1959	other relevant Florida Statutes pertaining to security deposits
1960	held pursuant to a rental agreement or other landlord-tenant
1961	relationship. Enforcement personnel shall look solely to this
1962	section to determine compliance. This section prevails over any
1963	conflicting provisions in chapter 475 and in other sections of
1964	the Florida Statutes, and shall operate to permit licensed real
1965	estate brokers to disburse security deposits and deposit money
1966	without having to comply with the notice and settlement
1967	procedures contained in s. 475.25(1)(d).
1968	Section 36. Paragraph (d) of subsection (15) of section
1969	440.02, Florida Statutes, is amended to read:
1970	440.02 Definitions.--When used in this chapter, unless the
1971	context clearly requires otherwise, the following terms shall
1972	have the following meanings:
1973	(15)
1974	(d) "Employee" does not include:
1975	1. An independent contractor, if:
1976	a. The independent contractor maintains a separate
1977	business with his or her own work facility, truck, equipment,
1978	materials, or similar accommodations;
1979	b. The independent contractor holds or has applied for a
1980	federal employer identification number, unless the independent
1981	contractor is a sole proprietor who is not required to obtain a
1982	federal employer identification number under state or federal
1983	requirements;
1984	c. The independent contractor performs or agrees to
1985	perform specific services or work for specific amounts of money
1986	and controls the means of performing the services or work;
1987	d. The independent contractor incurs the principal
1988	expenses related to the service or work that he or she performs
1989	or agrees to perform;
1990	e. The independent contractor is responsible for the
1991	satisfactory completion of work or services that he or she
1992	performs or agrees to perform and is or could be held liable for
1993	a failure to complete the work or services;
1994	f. The independent contractor receives compensation for
1995	work or services performed for a commission or on a per-job or
1996	competitive-bid basis and not on any other basis;
1997	g. The independent contractor may realize a profit or
1998	suffer a loss in connection with performing work or services;
1999	h. The independent contractor has continuing or recurring
2000	business liabilities or obligations; and
2001	i. The success or failure of the independent contractor's
2002	business depends on the relationship of business receipts to
2003	expenditures.
2004
2005	However, the determination as to whether an individual included
2006	in the Standard Industrial Classification Manual of 1987,
2007	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
2008	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
2009	or a newspaper delivery person, is an independent contractor is
2010	governed not by the criteria in this paragraph but by common-law
2011	principles, giving due consideration to the business activity of
2012	the individual. Notwithstanding the provisions of this paragraph
2013	or any other provision of this chapter, with respect to any
2014	commercial building project estimated to be valued at $250,000
2015	or greater, a person who is actively engaged in the construction
2016	industry is not an independent contractor and is either an
2017	employer or an employee who may not be exempt from the coverage
2018	requirements of this chapter.
2019	2. A real estate broker or broker associatesalesperson or
2020	agent, if that person agrees, in writing, to perform for
2021	remuneration solely by way of commission.
2022	3. Bands, orchestras, and musical and theatrical
2023	performers, including disk jockeys, performing in licensed
2024	premises as defined in chapter 562, if a written contract
2025	evidencing an independent contractor relationship is entered
2026	into before the commencement of such entertainment.
2027	4. An owner-operator of a motor vehicle who transports
2028	property under a written contract with a motor carrier which
2029	evidences a relationship by which the owner-operator assumes the
2030	responsibility of an employer for the performance of the
2031	contract, if the owner-operator is required to furnish the
2032	necessary motor vehicle equipment and all costs incidental to
2033	the performance of the contract, including, but not limited to,
2034	fuel, taxes, licenses, repairs, and hired help; and the owner-
2035	operator is paid a commission for transportation service and is
2036	not paid by the hour or on some other time-measured basis.
2037	5. A person whose employment is both casual and not in the
2038	course of the trade, business, profession, or occupation of the
2039	employer.
2040	6. A volunteer, except a volunteer worker for the state or
2041	a county, municipality, or other governmental entity. A person
2042	who does not receive monetary remuneration for services is
2043	presumed to be a volunteer unless there is substantial evidence
2044	that a valuable consideration was intended by both employer and
2045	employee. For purposes of this chapter, the term "volunteer"
2046	includes, but is not limited to:
2047	a. Persons who serve in private nonprofit agencies and who
2048	receive no compensation other than expenses in an amount less
2049	than or equivalent to the standard mileage and per diem expenses
2050	provided to salaried employees in the same agency or, if such
2051	agency does not have salaried employees who receive mileage and
2052	per diem, then such volunteers who receive no compensation other
2053	than expenses in an amount less than or equivalent to the
2054	customary mileage and per diem paid to salaried workers in the
2055	community as determined by the department; and
2056	b. Volunteers participating in federal programs
2057	established under Pub. L. No. 93-113.
2058	7. Any officer of a corporation who elects to be exempt
2059	from this chapter.
2060	8. A sole proprietor or officer of a corporation who
2061	actively engages in the construction industry, and a partner in
2062	a partnership that is actively engaged in the construction
2063	industry, who elects to be exempt from the provisions of this
2064	chapter. Such sole proprietor, officer, or partner is not an
2065	employee for any reason until the notice of revocation of
2066	election filed pursuant to s. 440.05 is effective.
2067	9. An exercise rider who does not work for a single horse
2068	farm or breeder, and who is compensated for riding on a case-by-
2069	case basis, provided a written contract is entered into prior to
2070	the commencement of such activity which evidences that an
2071	employee/employer relationship does not exist.
2072	10. A taxicab, limousine, or other passenger vehicle-for-
2073	hire driver who operates said vehicles pursuant to a written
2074	agreement with a company which provides any dispatch, marketing,
2075	insurance, communications, or other services under which the
2076	driver and any fees or charges paid by the driver to the company
2077	for such services are not conditioned upon, or expressed as a
2078	proportion of, fare revenues.
2079	11. A person who performs services as a sports official
2080	for an entity sponsoring an interscholastic sports event or for
2081	a public entity or private, nonprofit organization that sponsors
2082	an amateur sports event. For purposes of this subparagraph, such
2083	a person is an independent contractor. For purposes of this
2084	subparagraph, the term "sports official" means any person who is
2085	a neutral participant in a sports event, including, but not
2086	limited to, umpires, referees, judges, linespersons,
2087	scorekeepers, or timekeepers. This subparagraph does not apply
2088	to any person employed by a district school board who serves as
2089	a sports official as required by the employing school board or
2090	who serves as a sports official as part of his or her
2091	responsibilities during normal school hours.
2092	Section 37. Paragraph (n) of subsection (21) of section
2093	443.036, Florida Statutes, is amended to read:
2094	443.036 Definitions.--As used in this chapter, unless the
2095	context clearly requires otherwise:
2096	(21) EMPLOYMENT.--"Employment," subject to the other
2097	provisions of this chapter, means any service performed by an
2098	employee for the person employing him or her.
2099	(n) Exclusions generally.--The term "employment" does not
2100	include:
2101	1. Domestic service in a private home, local college club,
2102	or local chapter of a college fraternity or sorority, except as
2103	provided in paragraph (g).
2104	2. Service performed on or in connection with a vessel or
2105	aircraft not an American vessel or American aircraft, if the
2106	employee is employed on and in connection with such vessel or
2107	aircraft when outside the United States.
2108	3. Service performed by an individual in, or as an officer
2109	or member of the crew of a vessel while it is engaged in, the
2110	catching, taking, harvesting, cultivating, or farming of any
2111	kind of fish, shellfish, crustacea, sponges, seaweeds, or other
2112	aquatic forms of animal and vegetable life, including service
2113	performed by any such individual as an ordinary incident to any
2114	such activity, except:
2115	a. Service performed in connection with the catching or
2116	taking of salmon or halibut for commercial purposes.
2117	b. Service performed on, or in connection with, a vessel
2118	of more than 10 net tons, determined in the manner provided for
2119	determining the register tonnage of merchant vessels under the
2120	laws of the United States.
2121	4. Service performed by an individual in the employ of his
2122	or her son, daughter, or spouse, including step relationships,
2123	and service performed by a child, or stepchild, under the age of
2124	21 in the employ of his or her father or mother, or stepfather
2125	or stepmother.
2126	5. Service performed in the employ of the United States
2127	Government or of an instrumentality of the United States which
2128	is:
2129	a. Wholly or partially owned by the United States.
2130	b. Exempt from the tax imposed by s. 3301 of the Internal
2131	Revenue Code by virtue of any provision of federal law which
2132	specifically refers to such section, or the corresponding
2133	section of prior law, in granting such exemption; except that to
2134	the extent that the Congress shall permit states to require any
2135	instrumentalities of the United States to make payments into an
2136	unemployment fund under a state unemployment compensation law,
2137	all of the provisions of this law shall be applicable to such
2138	instrumentalities, and to services performed for such
2139	instrumentalities, in the same manner, to the same extent, and
2140	on the same terms as to all other employers, employing units,
2141	individuals, and services. If this state is not certified for
2142	any year by the Secretary of Labor under s. 3304 of the federal
2143	Internal Revenue Code, the payments required of such
2144	instrumentalities with respect to such year shall be refunded by
2145	the division from the fund in the same manner and within the
2146	same period as is provided in s. 443.141(6) with respect to
2147	contributions erroneously collected.
2148	6. Service performed in the employ of a state, or any
2149	political subdivision thereof, or any instrumentality of any one
2150	or more of the foregoing which is wholly owned by one or more
2151	states or political subdivisions, except as provided in
2152	paragraph (b), and any service performed in the employ of any
2153	instrumentality of one or more states or political subdivisions,
2154	to the extent that the instrumentality is, with respect to such
2155	service, immune under the Constitution of the United States from
2156	the tax imposed by s. 3301 of the Internal Revenue Code.
2157	7. Service performed in the employ of a corporation,
2158	community chest, fund, or foundation, organized and operated
2159	exclusively for religious, charitable, scientific, testing for
2160	public safety, literary, or educational purposes, or for the
2161	prevention of cruelty to children or animals, no part of the net
2162	earnings of which inures to the benefit of any private
2163	shareholder or individual, no substantial part of the activities
2164	of which is carrying on propaganda or otherwise attempting to
2165	influence legislation, and which does not participate in, or
2166	intervene in (including the publishing or distributing of
2167	statements), any political campaign on behalf of any candidate
2168	for public office, except as provided in paragraph (c).
2169	8. Service with respect to which unemployment compensation
2170	is payable under an unemployment compensation system established
2171	by an Act of Congress.
2172	9.a. Service performed in any calendar quarter in the
2173	employ of any organization exempt from income tax under s.
2174	501(a) of the Internal Revenue Code, other than an organization
2175	described in s. 401(a), or under s. 521, if the remuneration for
2176	such service is less than $50.
2177	b. Service performed in the employ of a school, college,
2178	or university, if such service is performed by a student who is
2179	enrolled and is regularly attending classes at such school,
2180	college, or university.
2181	10. Service performed in the employ of a foreign
2182	government, including service as a consular or other officer or
2183	employee of a nondiplomatic representative.
2184	11. Service performed in the employ of an instrumentality
2185	wholly owned by a foreign government:
2186	a. If the service is of a character similar to that
2187	performed in foreign countries by employees of the United States
2188	Government or of an instrumentality thereof; and
2189	b. The Secretary of State shall certify to the Secretary
2190	of the Treasury that the foreign government, with respect to
2191	whose instrumentality exemption is claimed, grants an equivalent
2192	exemption with respect to similar service performed in the
2193	foreign country by employees of the United States Government and
2194	of instrumentalities thereof.
2195	12. Service performed as a student nurse in the employ of
2196	a hospital or a nurses' training school by an individual who is
2197	enrolled and is regularly attending classes in a nurses'
2198	training school chartered or approved pursuant to a state law;
2199	service performed as an intern in the employ of a hospital by an
2200	individual who has completed a 4-year course in a medical school
2201	chartered or approved pursuant to state law; and service
2202	performed by a patient of a hospital for such hospital.
2203	13. Service performed by an individual for a person as an
2204	insurance agent or as an insurance solicitor, if all such
2205	service performed by such individual for such person is
2206	performed for remuneration solely by way of commission, except
2207	for such services performed in accordance with 26 U.S.C.S. s.
2208	3306(c)(7) and (8). For purposes of this subsection, those
2209	benefits excluded from the definition of wages pursuant to
2210	subparagraphs (40)(b)2.-6., inclusive, shall not be considered
2211	remuneration.
2212	14. Service performed by an individual for a person as a
2213	real estate broker or broker associatesalesperson or agent, if
2214	all such service performed by such individual for such person is
2215	performed for remuneration solely by way of commission.
2216	15. Service performed by an individual under the age of 18
2217	in the delivery or distribution of newspapers or shopping news,
2218	not including delivery or distribution to any point for
2219	subsequent delivery or distribution.
2220	16. Service covered by an arrangement between the division
2221	and the agency charged with the administration of any other
2222	state or federal unemployment compensation law pursuant to which
2223	all services performed by an individual for an employing unit
2224	during the period covered by such employing unit's duly approved
2225	election are deemed to be performed entirely within such
2226	agency's state or under such federal law.
2227	17. Service performed by an individual who is enrolled at
2228	a nonprofit or public educational institution which normally
2229	maintains a regular faculty and curriculum and normally has a
2230	regularly organized body of students in attendance at the place
2231	where its educational activities are carried on as a student in
2232	a full-time program, taken for credit at such institution, which
2233	combines academic instruction with work experience, if such
2234	service is an integral part of such program, and such
2235	institution has so certified to the employer, except that this
2236	subparagraph does not apply to service performed in a program
2237	established for or on behalf of an employer or group of
2238	employers.
2239	18. Service performed by an individual for a person as a
2240	barber, if all such service performed by such individual for
2241	such person is performed for remuneration solely by way of
2242	commission.
2243	19. Casual labor not in the course of the employer's trade
2244	or business.
2245	20. Service performed by a speech therapist, occupational
2246	therapist, or physical therapist who is nonsalaried and working
2247	pursuant to a written contract with a home health agency as
2248	defined in s. 400.462.
2249	21. Service performed by a direct seller. For purposes of
2250	this subparagraph, the term "direct seller" means a person:
2251	a.(I) Who is engaged in the trade or business of selling
2252	or soliciting the sale of consumer products to buyers on a buy-
2253	sell basis or a deposit-commission basis, or on any similar
2254	basis, for resale in the home or in any other place that is not
2255	a permanent retail establishment; or
2256	(II) Who is engaged in the trade or business of selling or
2257	soliciting the sale of consumer products in the home or in any
2258	other place that is not a permanent retail establishment;
2259	b. Substantially all of whose remuneration for services
2260	described in sub-subparagraph a., whether or not paid in cash,
2261	is directly related to sales or other output, rather than to the
2262	number of hours worked; and
2263	c. Who performs such services pursuant to a written
2264	contract with the person for whom the services are performed,
2265	which contract provides that the person will not be treated as
2266	an employee with respect to such services for federal tax
2267	purposes.
2268	22. Service performed by a nonresident alien individual
2269	for the period he or she is temporarily present in the United
2270	States as a nonimmigrant under subparagraph (F) or subparagraph
2271	(J) of s. 101(a)(15) of the Immigration and Nationality Act, and
2272	which is performed to carry out the purpose specified in
2273	subparagraph (F) or subparagraph (J), as the case may be.
2274	23. Service performed by an individual for remuneration
2275	for a private, for-profit delivery or messenger service, if the
2276	individual:
2277	a. Is free to accept or reject jobs from the delivery or
2278	messenger service and the delivery or messenger service has no
2279	control over when the individual works;
2280	b. Is remunerated for each delivery, or the remuneration
2281	is based on factors that relate to the work performed, including
2282	receipt of a percentage of any rate schedule;
2283	c. Pays all expenses and the opportunity for profit or
2284	loss rests solely with the individual;
2285	d. Is responsible for operating costs, including fuel,
2286	repairs, supplies, and motor vehicle insurance;
2287	e. Determines the method of performing the service,
2288	including selection of routes and order of deliveries;
2289	f. Is responsible for the completion of a specific job and
2290	is liable for any failure to complete that job;
2291	g. Enters into a contract with the delivery or messenger
2292	service which specifies the relationship of the individual to
2293	the delivery or messenger service to be that of an independent
2294	contractor and not that of an employee; and
2295	h. Provides the vehicle used to perform the service.
2296	24. Service performed in agricultural labor by an
2297	individual who is an alien admitted to the United States to
2298	perform service in agricultural labor pursuant to ss.
2299	101(a)(15)(H) and 214(c) of the Immigration and Nationality Act.
2300	25. Service performed by a person who is an inmate of a
2301	penal institution.
2302	Section 38. Subsection (25) of section 501.604, Florida
2303	Statutes, is amended to read:
2304	501.604 Exemptions.--The provisions of this part, except
2305	ss. 501.608 and 501.616(6) and (7), do not apply to:
2306	(25) A person who is a licensed real estate broker
2307	salesperson or broker associatepursuant to chapter 475 and who
2308	is soliciting within the scope of the chapter.
2309	Section 39. Subsection (4) of section 687.14, Florida
2310	Statutes, is amended to read:
2311	687.14 Definitions.--As used in this act, unless the
2312	context otherwise requires:
2313	(4) "Loan broker" means any person, except any bank or
2314	savings and loan association, trust company, building and loan
2315	association, credit union, consumer finance company, retail
2316	installment sales company, securities broker-dealer, real estate
2317	broker or broker associatesalesperson, attorney, federal
2318	Housing Administration or United States Department of Veterans
2319	Affairs approved lender, credit card company, installment loan
2320	licensee, mortgage broker or lender, or insurance company,
2321	provided that the person excepted is licensed by and subject to
2322	regulation or supervision of any agency of the United States or
2323	this state and is acting within the scope of the license; and
2324	also excepting subsidiaries of licensed or chartered consumer
2325	finance companies, banks, or savings and loan associations; who:
2326	(a) For or in expectation of consideration arranges or
2327	attempts to arrange or offers to fund a loan of money, a credit
2328	card, or a line of credit;
2329	(b) For or in expectation of consideration assists or
2330	advises a borrower in obtaining or attempting to obtain a loan
2331	of money, a credit card, a line of credit, or related guarantee,
2332	enhancement, or collateral of any kind or nature;
2333	(c) Acts for or on behalf of a loan broker for the purpose
2334	of soliciting borrowers; or
2335	(d) Holds herself or himself out as a loan broker.
2336	Section 40. Subsections (1) and (6) of section 721.20,
2337	Florida Statutes, are amended to read:
2338	721.20 Licensing requirements; suspension or revocation of
2339	license; exceptions to applicability; collection of advance fees
2340	for listings unlawful.--
2341	(1) Any seller of a timeshare plan must be a licensed real
2342	estate salesperson, broker, or broker associatebroker-
2343	salespersonas defined in s. 475.01, except as provided in s.
2344	475.011.
2345	(6) Notwithstanding the provisions of s. 475.452,It is
2346	unlawful for any real estate broker, salesperson, or broker
2347	associatebroker-salespersonto collect any advance fee for the
2348	listing of any timeshare estate or timeshare license.
2349	Section 41. Paragraph (a) of subsection (1) of section
2350	760.29, Florida Statutes, is amended to read:
2351	760.29 Exemptions.--
2352	(1)(a) Nothing in ss. 760.23 and 760.25 applies to:
2353	1. Any single-family house sold or rented by its owner,
2354	provided such private individual owner does not own more than
2355	three single-family houses at any one time. In the case of the
2356	sale of a single-family house by a private individual owner who
2357	does not reside in such house at the time of the sale or who was
2358	not the most recent resident of the house prior to the sale, the
2359	exemption granted by this paragraph applies only with respect to
2360	one sale within any 24-month period. In addition, the bona fide
2361	private individual owner shall not own any interest in, nor
2362	shall there be owned or reserved on his or her behalf, under any
2363	express or voluntary agreement, title to, or any right to all or
2364	a portion of the proceeds from the sale or rental of, more than
2365	three single-family houses at any one time. The sale or rental
2366	of any single-family house shall be excepted from the
2367	application of ss. 760.20-760.37 only if the house is sold or
2368	rented:
2369	a. Without the use in any manner of the sales or rental
2370	facilities or the sales or rental services of any real estate
2371	broker, broker associate, or agent, or salespersonor such
2372	facilities or services of any person in the business of selling
2373	or renting dwellings, or of any employee or agent of any such
2374	broker, broker associate, agent, salesperson,or person; and
2375	b. Without the publication, posting, or mailing, after
2376	notice, of any advertisement or written notice in violation of
2377	s. 760.23(3).
2378
2379	Nothing in this provision prohibits the use of attorneys, escrow
2380	agents, abstractors, title companies, and other such
2381	professional assistance as is necessary to perfect or transfer
2382	the title.
2383	2. Rooms or units in dwellings containing living quarters
2384	occupied or intended to be occupied by no more than four
2385	families living independently of each other, if the owner
2386	actually maintains and occupies one of such living quarters as
2387	his or her residence.
2388	Section 42. This act shall take effect July 1, 2003.