HB 0637 2003
1	CHAMBER ACTION
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6	The Committee on Finance & Tax recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to regulation of real estate
12	professionals; amending s. 475.001, F.S.; conforming
13	terminology; amending s. 475.01, F.S.; redesignating
14	"broker-salespersons" as "broker associates" and
15	"salespersons" as "sales associates"; expanding the
16	definition of "transaction broker"; amending s. 475.011,
17	F.S.; revising certain exemptions from regulation;
18	conforming terminology; amending ss. 475.02 and 475.04,
19	F.S.; conforming terminology; creating s. 475.161, F.S.;
20	providing for licensing of broker associates and sales
21	associates; amending s. 475.17, F.S.; revising
22	qualifications for practice; authorizing additional
23	subjects for postlicensure education; restricting approval
24	of distance learning courses to instances of hardship;
25	conforming terminology; amending s. 475.175, F.S.;
26	revising requirements to take the license examination;
27	revising requirements with respect to notice of completion
28	of educational requirements; amending s. 475.181, F.S.;
29	conforming terminology; amending s. 475.182, F.S.;
30	providing guidelines for approving specialty courses;
31	conforming terminology; amending s. 475.215, F.S.;
32	conforming terminology; amending s. 475.22, F.S.; revising
33	requirements with respect to brokers' signs; amending s.
34	475.23, F.S.; providing for notice of change of address;
35	conforming terminology; amending s. 475.25, F.S.; revising
36	duties of licensees with respect to escrowed property;
37	allowing a broker to place personal or brokerage funds in
38	property management and sales escrow accounts; providing
39	for investment of escrow moneys; providing penalties;
40	providing a time limit on filing complaints against a
41	licensee; requiring notice to employer of disciplinary
42	action against a licensee; providing for referral of
43	criminal violations to prosecuting authorities; conforming
44	terminology; amending s. 475.2755, F.S.; conforming
45	terminology; amending s. 475.278, F.S.; revising
46	provisions relating to authorized brokerage relationships;
47	providing a presumption of transaction brokerage; revising
48	disclosure requirements; amending s. 475.31, F.S.;
49	providing effect of revocation or suspension of a broker's
50	license; conforming terminology; amending ss. 475.37 and
51	475.41, F.S.; conforming terminology; amending s. 475.42,
52	F.S.; providing an additional ground for disciplinary
53	action relating to false or misleading information on real
54	estate located in the state; providing penalties;
55	conforming terminology; amending s. 475.43, F.S.;
56	conforming terminology; amending s. 475.451, F.S.;
57	revising prerequisites for renewal of an instructor
58	permit; removing an exemption from instructor examination
59	requirements; conforming terminology; repealing s.
60	475.4511(4) and (5), F.S., relating to the prohibitions
61	against a school advertising in conjunction with an
62	affiliated broker and making reference to a state
63	examination pass/fail ratio in any publication or
64	communication medium; amending ss. 475.453 and 475.455,
65	F.S.; conforming terminology; amending s. 475.482, F.S.;
66	increasing the maximum amount that may be in the Real
67	Estate Recovery Fund; conforming terminology; amending s.
68	475.483, F.S.; revising guidelines for payment of
69	attorney's fees with respect to recovery from the fund;
70	conforming terminology; amending ss. 475.484 and 475.5017,
71	F.S.; increasing maximum amounts payable from the fund;
72	conforming terminology; creating s. 475.505, F.S.;
73	providing requirements for temporary practice; amending s.
74	475.612, F.S.; conforming terminology; amending s. 689.25,
75	F.S.; prescribing facts and conditions the existence of
76	which need not be disclosed in a real estate transaction;
77	repealing s. 475.421, F.S., relating to publication of
78	false or misleading information on real estate located in
79	the state; repealing s. 475.422, F.S., relating to
80	disclosure of termite and roof inspection reports;
81	amending ss. 83.49, 440.02, 443.036, 501.604, 687.14,
82	721.20, and 760.29, F.S.; conforming terminology;
83	providing an effective date.
84
85	Be It Enacted by the Legislature of the State of Florida:
86
87	Section 1. Section 475.001, Florida Statutes, is amended
88	to read:
89	475.001 Purpose.--The Legislature deems it necessary in
90	the interest of the public welfare to regulate real estate
91	brokers, sales associatessalespersons, and schools in this
92	state.
93	Section 2. Section 475.01, Florida Statutes, is amended to
94	read:
95	475.01 Definitions.--
96	(1) As used in this part:
97	(a) "Broker" means a person who, for another, and for a
98	compensation or valuable consideration directly or indirectly
99	paid or promised, expressly or impliedly, or with an intent to
100	collect or receive a compensation or valuable consideration
101	therefor, appraises, auctions, sells, exchanges, buys, rents, or
102	offers, attempts or agrees to appraise, auction, or negotiate
103	the sale, exchange, purchase, or rental of business enterprises
104	or business opportunities or any real property or any interest
105	in or concerning the same, including mineral rights or leases,
106	or who advertises or holds out to the public by any oral or
107	printed solicitation or representation that she or he is engaged
108	in the business of appraising, auctioning, buying, selling,
109	exchanging, leasing, or renting business enterprises or business
110	opportunities or real property of others or interests therein,
111	including mineral rights, or who takes any part in the procuring
112	of sellers, purchasers, lessors, or lessees of business
113	enterprises or business opportunities or the real property of
114	another, or leases, or interest therein, including mineral
115	rights, or who directs or assists in the procuring of prospects
116	or in the negotiation or closing of any transaction which does,
117	or is calculated to, result in a sale, exchange, or leasing
118	thereof, and who receives, expects, or is promised any
119	compensation or valuable consideration, directly or indirectly
120	therefor; and all persons who advertise rental property
121	information or lists. A broker renders a professional service
122	and is a professional within the meaning of s. 95.11(4)(a).
123	Where the term "appraise" or "appraising" appears in the
124	definition of the term "broker," it specifically excludes those
125	appraisal services which must be performed only by a state-
126	licensed or state-certified appraiser, and those appraisal
127	services which may be performed by a registered assistant
128	appraiser as defined in part II. The term "broker" also includes
129	any person who is a general partner, officer, or director of a
130	partnership or corporation which acts as a broker. The term
131	"broker" also includes any person or entity who undertakes to
132	list or sell one or more timeshare periods per year in one or
133	more timeshare plans on behalf of any number of persons, except
134	as provided in ss. 475.011 and 721.20.
135	(b) "Broker associateBroker-salesperson" means a person
136	who is qualified to be issued a license as a broker but who
137	operates as a sales associatesalespersonin the employ of
138	another.
139	(c) "Commission" means the Florida Real Estate Commission.
140	(d) "Customer" means a member of the public who is or may
141	be a buyer or seller of real property and may or may not be
142	represented by a real estate licensee in an authorized brokerage
143	relationship.
144	(e) "Department" means the Department of Business and
145	Professional Regulation.
146	(f) "Fiduciary" means a broker in a relationship of trust
147	and confidence between that broker as agent and the seller or
148	buyer as principal. The duties of the broker as a fiduciary are
149	loyalty, confidentiality, obedience, full disclosure, and
150	accounting and the duty to use skill, care, and diligence.
151	(g) "Involuntarily inactive status" means the licensure
152	status that results when a license is not renewed at the end of
153	the license period prescribed by the department.
154	(h) "Principal" means the party with whom a real estate
155	licensee has entered into a single agent relationship.
156	(i) "Real property" or "real estate" means any interest or
157	estate in land and any interest in business enterprises or
158	business opportunities, including any assignment, leasehold,
159	subleasehold, or mineral right; however, the term does not
160	include any cemetery lot or right of burial in any cemetery; nor
161	does the term include the renting of a mobile home lot or
162	recreational vehicle lot in a mobile home park or travel park.
163	(j) "Sales associateSalesperson" means a person who
164	performs any act specified in the definition of "broker," but
165	who performs such act under the direction, control, or
166	management of another person. A salesperson renders a
167	professional service and is a professional within the meaning of
168	s. 95.11(4)(a).
169	(k) "Single agent" means a broker who represents, as a
170	fiduciary, either the buyer or seller but not both in the same
171	transaction.
172	(l) "Transaction broker" means a broker who provides
173	limited representation to a buyer, a seller, or both, in a real
174	estate transaction, but does not represent either in a fiduciary
175	capacity or as a single agent. In a transaction broker
176	relationship, a buyer or seller is not responsible for the acts
177	of a licensee. Additionally, the parties to a real estate
178	transaction are giving up their rights to the undivided loyalty
179	of a licensee. This aspect of limited representation allows a
180	licensee to facilitate a real estate transaction by assisting
181	both the buyer and the seller, but a licensee will not work to
182	represent one party to the detriment of the other party when
183	acting as a transaction broker to both parties.
184	(m) "Voluntarily inactive status" means the licensure
185	status that results when a licensee has applied to the
186	department to be placed on inactive status and has paid the fee
187	prescribed by rule.
188	(2) The terms "employ," "employment," "employer," and
189	"employee," when used in this chapter and in rules adopted
190	pursuant thereto to describe the relationship between a broker
191	and a sales associatesalesperson, include an independent
192	contractor relationship when such relationship is intended by
193	and established between a broker and a sales associate
194	salesperson. The existence of such relationship shall not
195	relieve either the broker or the sales associatesalespersonof
196	her or his duties, obligations, or responsibilities under this
197	chapter.
198	(3) Wherever the word "operate" or "operating" as a
199	broker, broker associatebroker-salesperson, or sales associate
200	salespersonappears in this chapter; in any order, rule, or
201	regulation of the commission; in any pleading, indictment, or
202	information under this chapter; in any court action or
203	proceeding; or in any order or judgment of a court, it shall be
204	deemed to mean the commission of one or more acts described in
205	this chapter as constituting or defining a broker, broker
206	associatebroker-salesperson, or sales associatesalesperson,
207	not including, however, any of the exceptions stated therein. A
208	single such act is sufficient to bring a person within the
209	meaning of this chapter, and each act, if prohibited herein,
210	constitutes a separate offense.
211	(4) A broker acting as a trustee of a trust created under
212	chapter 689 is subject to the provisions of this chapter unless
213	the trustee is a bank, state or federal association, or trust
214	company possessing trust powers as defined in s. 658.12(23).
215	Section 3. Section 475.011, Florida Statutes, is amended
216	to read:
217	475.011 Exemptions.--This part does not apply to:
218	(1) Any person acting as an attorney in fact for the
219	purpose of the execution of contracts or conveyances only; as an
220	attorney at law within the scope of her or his duties as such;
221	as a certified public accountant, as defined in chapter 473,
222	within the scope of her or his duties as such; as the personal
223	representative, receiver, trustee, or master under, or by virtue
224	of, an appointment by will or by order of a court of competent
225	jurisdiction; or as trustee under a deed of trust, or under a
226	trust agreement, the ultimate purpose and intent whereof is
227	charitable, is philanthropic, or provides for those having a
228	natural right to the bounty of the donor or trustor.;
229	(2) Any individual, corporation, partnership, trust, joint
230	venture, or other entity which sells, exchanges, or leases its
231	own real property; however, this exemption shall not be
232	available if and to the extent that an agent, employee, or
233	independent contractor paid a commission or other compensation
234	strictly on a transactional basis is employed to make sales,
235	exchanges, or leases to or with customers in the ordinary course
236	of an owner's business of selling, exchanging, or leasing real
237	property to the public.;
238	(3) Any employee of a public utility, a rural electric
239	cooperative, a railroad, or a state or local governmental agency
240	who acts within the scope of her or his employment, for which no
241	compensation in addition to the employee's salary is paid, to
242	buy, sell, appraise, exchange, rent, auction, or lease any real
243	property or any interest in real property for the use of her or
244	his employer.;
245	(4) Any salaried employee of an owner, or of a registered
246	broker for an owner, of an apartment community who works in an
247	onsite rental office of the apartment community in a leasing
248	capacity.;
249	(5) Any person employed for a salary as a manager of a
250	condominium or cooperative apartment complex as a result of any
251	activities or duties which the person may have in relation to
252	the renting of individual units within such condominium or
253	cooperative apartment complex if rentals arranged by the person
254	are for periods no greater than 1 year.;
255	(6) Any person, partnership, corporation, or other legal
256	entity which, for another and for compensation or other valuable
257	consideration, sells, offers to sell, advertises for sale, buys,
258	offers to buy, or negotiates the sale or purchase of radio,
259	television, or cable enterprises licensed and regulated by the
260	Federal Communications Commission pursuant to the Communications
261	Act of 1934. However, if the sale or purchase of the radio,
262	television, or cable enterprise involves the sale or lease of
263	land, buildings, fixtures, and all other improvements to the
264	land, a broker or sales associatesalespersonlicensed under
265	this chapter shall be retained for the portion of the
266	transaction which includes the land, buildings, fixtures, and
267	all other improvements to the land.; or
268	(7) Any full-time graduate student who is enrolled in a
269	commission-approved degree program in appraising at a college or
270	university in this state, if the student is acting under the
271	direct supervision of a licensed broker or a licensed or
272	certified appraiser and is engaged only in appraisal activities
273	related to the approved degree program. Any appraisal report by
274	the student must be issued in the name of the supervising
275	individual.
276	(8)(a) An owner of one or part of one or more timeshare
277	periods for the owner's own use and occupancy who later offers
278	one or more of such periods for resale.
279	(b) An exchange company, as that term is defined by s.
280	721.05(14), but only to the extent that the exchange company is
281	engaged in exchange program activities as described in and is in
282	compliance with s. 721.18.
283	(9) Any person registered, licensed, or certified by the
284	department under part II as an appraiser or assistant appraiser
285	performing appraisals in accordance with that part.
286	(10) Any person who appraises under the unit-rule method
287	of valuation a railroad or railroad terminal company assessed
288	for ad valorem tax purposes pursuant to s. 193.085.
289	(11) Any person, partnership, corporation, or other legal
290	entity which, for another and for compensation or other valuable
291	consideration, rents or advertises for rent, for transient
292	occupancy, any public lodging establishment licensed under
293	chapter 509.
294	(12) Any dealer registered under the Securities and
295	Exchange Act of 1934, as amended, or any federally insured
296	depository institution and any parent, subsidiary, or affiliate
297	thereof, in connection with the sale, exchange, purchase, or
298	rental of a business enterprise to or by a person who is an
299	accredited investor as defined by 15 U.S.C. s. 77b, the
300	Securities Act of 1933, or any regulation adopted thereunder.
301	This exemption applies whether stock or assets of the business
302	enterprise are purchased or sold. The exemption does not apply
303	to a sale, exchange, purchase, or rental of land, buildings,
304	fixtures or other improvements to the land which is not made in
305	connection with the sale, exchange, purchase, or rental of a
306	business enterprise. Any reference to rental in this subsection
307	includes a lease transaction.
308	(13) Any property management firm or any owner of an
309	apartment complex for the act of paying a finder's fee or
310	referral fee to an unlicensed person who is a tenant in such
311	apartment complex provided the value of the fee does not exceed
312	$50 per transaction. Nothing in this subsection authorizes an
313	unlicensed person to advertise or otherwise promote the person's
314	services in procuring or assisting in procuring prospective
315	lessees or tenants of apartment units. For purposes of this
316	subsection, "finder's fee" or "referral fee" means a fee paid,
317	credit towards rent, or some other thing of value provided to a
318	person for introducing or arranging an introduction between
319	parties to a transaction involving the rental or lease of an
320	apartment unit. It is a violation of s. 475.25(1)(h) and
321	punishable under s. 475.42 for a property management firm or any
322	owner of an apartment complex to pay a finder's fee or a
323	referral fee to an unlicensed person unless expressly authorized
324	by this subsection.
325	Section 4. Subsection (1) of section 475.02, Florida
326	Statutes, is amended to read:
327	475.02 Florida Real Estate Commission.--
328	(1) There is created within the department the Florida
329	Real Estate Commission. The commission shall consist of seven
330	members who shall be appointed by the Governor, subject to
331	confirmation by the Senate. Four members must be licensed
332	brokers, each of whom has held an active license for the 5 years
333	preceding appointment; one member must be a licensed broker or a
334	licensed sales associatesalespersonwho has held an active
335	license for the 2 years preceding appointment; and two members
336	must be persons who are not, and have never been, brokers or
337	sales associatessalespersons. At least one member of the
338	commission must be 60 years of age or older. The current members
339	may complete their present terms unless removed for cause.
340	Section 5. Section 475.04, Florida Statutes, is amended to
341	read:
342	475.04 Duty of commission to educate members of
343	profession.--
344	(1) The commission shall foster the education of brokers,
345	broker associatesbroker-salespersons, sales associates
346	salespersons, and instructors concerning the ethical, legal, and
347	business principles which should govern their conduct.
348	(2) For the purpose of performing its duty under
349	subsection (1) to educate persons holding a license or permit,
350	the commission may conduct, offer, sponsor, prescribe, or
351	approve real estate educational courses for all persons licensed
352	or permitted by the department as brokers, broker associates
353	broker-salespersons, sales associatessalespersons, or
354	instructors; and the cost and expense of such courses shall be
355	paid as provided in s. 475.125.
356	(3) The commission may also publish and sell, at a
357	reasonable price intended to cover costs, a handbook on this
358	chapter and other publications intended to be textbooks or
359	guidelines for study and guidance of students, applicants,
360	licensees, certificateholders, and permitholders, and members of
361	the general public, copyright of which shall be the property of
362	the state.
363	Section 6. Section 475.161, Florida Statutes, is created
364	to read:
365	475.161 Licensing of broker associates and sales
366	associates.--The commission shall license a broker associate or
367	sales associate as an individual or, upon the licensee providing
368	the commission with authorization from the Department of State,
369	as a professional corporation or limited liability company. A
370	license shall be issued in the licensee’s legal name only and,
371	when appropriate, shall include the entity designation. This
372	section shall not operate to permit a broker associate or sales
373	associate to register or be licensed as a general partner,
374	member, manager, officer, or director of a brokerage firm under
375	s. 475.15.
376	Section 7. Section 475.17, Florida Statutes, is amended to
377	read:
378	475.17 Qualifications for practice.--
379	(1)(a) An applicant for licensure who is a natural person
380	must be at least 18 years of age; hold a high school diploma or
381	its equivalent; be honest, truthful, trustworthy, and of good
382	character; and have a good reputation for fair dealing. An
383	applicant for an active broker's license or a sales associate's
384	salesperson'slicense must be competent and qualified to make
385	real estate transactions and conduct negotiations therefor with
386	safety to investors and to those with whom the applicant may
387	undertake a relationship of trust and confidence. If the
388	applicant has been denied registration or a license or has been
389	disbarred, or the applicant's registration or license to
390	practice or conduct any regulated profession, business, or
391	vocation has been revoked or suspended, by this or any other
392	state, any nation, or any possession or district of the United
393	States, or any court or lawful agency thereof, because of any
394	conduct or practices which would have warranted a like result
395	under this chapter, or if the applicant has been guilty of
396	conduct or practices in this state or elsewhere which would have
397	been grounds for revoking or suspending her or his license under
398	this chapter had the applicant then been registered, the
399	applicant shall be deemed not to be qualified unless, because of
400	lapse of time and subsequent good conduct and reputation, or
401	other reason deemed sufficient, it appears to the commission
402	that the interest of the public and investors will not likely be
403	endangered by the granting of registration. The commission may
404	adopt rules requiring an applicant for licensure to provide
405	written information to the commission regarding the applicant's
406	good character.
407	(b) An application may be disapproved if the applicant has
408	acted or attempted to act, or has held herself or himself out as
409	entitled to act, during the period of 1 year next prior to the
410	filing of the application, as a real estate broker or sales
411	associatesalespersonin the state in violation of this chapter.
412	This paragraph may be deemed to bar any person from licensure
413	who has performed any of the acts or services described in s.
414	475.01(3), unless exempt pursuant to s. 475.011, during a period
415	of 1 year next preceding the filing of the application, or
416	during the pendency of the application, and until a valid
417	current license has been duly issued to the person, regardless
418	of whether the performance of the act or service was done for
419	compensation or valuable consideration.
420	(2)(a)1. In addition to other requirements under this
421	part, the commission may require the satisfactory completion of
422	one or more of the educational courses or equivalent courses
423	conducted, offered, sponsored, prescribed, or approved pursuant
424	to s. 475.04, taken at an accredited college, university, or
425	community college, at an area technical center, or at a
426	registered real estate school, as a condition precedent for any
427	person to become licensed or to renew her or his license as a
428	broker, broker associatebroker-salesperson, or sales associate
429	salesperson. The course or courses required for one to become
430	initially licensed shall not exceed a total of 63 classroom
431	hours of 50 minutes each, inclusive of examination, for a sales
432	associatesalespersonand 72 classroom hours of 50 minutes each,
433	inclusive of examination, for a broker. The satisfactory
434	completion of an examination administered by the accredited
435	college, university, or community college, by the area technical
436	center, or by the registered real estate school shall be the
437	basis for determining satisfactory completion of the course.
438	However, notice of satisfactory completion shall not be issued
439	if the student has absences in excess of 8 classroom hours.
440	2. A distance learning course or courses shall be approved
441	by the commission as an option to classroom hours as
442	satisfactory completion of the course or courses as required by
443	this section. The schools authorized by this section have the
444	option of providing classroom courses, distance learning
445	courses, or both. However, satisfactory completion of a
446	distance learning course requires the satisfactory completion of
447	a timed distance learning course examination. Such examination
448	shall not be required to be monitored or given at a centralized
449	location.
450	3. Such required course or courses must be made available
451	by correspondence or other suitable means to any person who, by
452	reason of hardship, as defined by rule, cannot attend the place
453	or places where the course or courses are regularly conducted or
454	does not have access to the distance learning course or courses.
455	(b) A person may not be licensed as a real estate broker
456	unless, in addition to the other requirements of law, the person
457	has held:
458	1. An active real estate sales associate'ssalesperson's
459	license for at least 12 months during the preceding 5 years in
460	the office of one or more real estate brokers licensed in this
461	state or any other state, territory, or jurisdiction of the
462	United States or in any foreign national jurisdiction;
463	2. A current and valid real estate sales associate's
464	salesperson'slicense for at least 12 months during the
465	preceding 5 years in the employ of a governmental agency for a
466	salary and performing the duties authorized in this part for
467	real estate licensees; or
468	3. A current and valid real estate broker's license for at
469	least 12 months during the preceding 5 years in any other state,
470	territory, or jurisdiction of the United States or in any
471	foreign national jurisdiction.
472
473	This paragraph does not apply to a person employed as a real
474	estate investigator by the Division of Real Estate, provided the
475	person has been employed as a real estate investigator for at
476	least 24 months. The person must be currently employed as a real
477	estate investigator to sit for the real estate broker's
478	examination and have held a valid and current sales associate's
479	salesperson'slicense for at least 12 months.
480	(c) A person who has been licensed as a real estate sales
481	associatesalespersonin Florida during the preceding 5 years
482	may not be licensed as a real estate broker unless, in addition
483	to the other requirements of law, she or he has completed the
484	sales associatesalespersonpostlicensure educational
485	requirements, if these requirements have been prescribed by the
486	commission pursuant to paragraph(3)(a).
487	(3)(a) The commission may prescribe a postlicensure
488	education requirement in order for a person to maintain a valid
489	sales associate'ssalesperson'slicense, which shall not exceed
490	45 classroom hours of 50 minutes each, inclusive of examination,
491	prior to the first renewal following initial licensure. If
492	prescribed, this shall consist of one or more commission-
493	approved courses which total at least 45 classroom hours on one
494	or more subjects which include, but are not limited to, property
495	management, appraisal, real estate finance, orthe economics of
496	real estate management, marketing, technology, sales and listing
497	of properties, business office management, courses teaching
498	practical real estate application skills, development of
499	business plans, marketing of property, and time management.
500	Required postlicensure education courses must be provided by an
501	accredited college, university, or community college, by an area
502	technical center, by a registered real estate school, or by a
503	commission-approved sponsor.
504	(b) Satisfactory completion of the postlicensure education
505	requirement is demonstrated by successfully meeting all
506	standards established for the commission-prescribed or
507	commission-approved institution or school. However, notice of
508	satisfactory completion shall not be issued if the student has
509	absences in excess of 10 percent of the required classroom hours
510	or has not satisfactorily completed a timed distance learning
511	course examination.
512	(c) The license of any sales associatesalespersonwho
513	does not complete the postlicensure education requirement prior
514	to the first renewal following initial licensure shall be
515	considered null and void. Such person wishing to again operate
516	as a real estate sales associatesalespersonmust requalify by
517	satisfactorily completing the sales associate'ssalesperson's
518	prelicensure course and passing the state examination for
519	licensure as a sales associatesalesperson.
520	(d) A sales associatesalespersonwho is required to
521	complete any postlicensure education requirement must complete
522	any postlicensure education requirement and hold a current and
523	valid licensein order to be eligible for licensure as a broker.
524	(4)(a) The commission may prescribe a postlicensure
525	education requirement in order for a person to maintain a valid
526	broker's license, which shall not exceed 60 classroom hours of
527	50 minutes each, inclusive of examination, prior to the first
528	renewal following initial licensure. If prescribed, this shall
529	consist of one or more commission-approved courses which total
530	at least 60 classroom hours on one or more subjects which
531	include, but are not limited to, advanced appraisal, advanced
532	property management, real estate marketing, business law,
533	advanced real estate investment analyses, advanced legal
534	aspects, general accounting, real estate economics,
535	syndications, commercial brokerage, feasibility analyses,
536	advanced real estate finance, residential brokerage, advanced
537	marketing, technology, advanced business planning, time
538	management,or real estate brokerage office operations. Required
539	postlicensure education courses must be provided by an
540	accredited college, university, or community college, by an area
541	technical center, by a registered real estate school, or by a
542	commission-approved sponsor.
543	(b) Satisfactory completion of the postlicensure education
544	requirement is demonstrated by successfully meeting all
545	standards established for the commission-prescribed or
546	commission-approved institution or school. However, notice of
547	satisfactory completion shall not be issued if the student has
548	absences in excess of 10 percent of the required classroom hours
549	or has not satisfactorily completed a timed distance learning
550	course examination.
551	(c) The license of any broker who does not complete the
552	postlicensure education requirement prior to the first renewal
553	following initial licensure shall be considered null and void.
554	If the licensee wishes to operate as a sales associate
555	salesperson, she or he may be issued a sales associate's
556	salesperson'slicense after providing proof that she or he has
557	satisfactorily completed the 14-hour continuing education course
558	within the 6 months following expiration of her or his broker's
559	license. To operate as a broker, the licensee must requalify by
560	satisfactorily completing the broker's prelicensure course and
561	passing the state examination for licensure as a broker.
562	(5)(a) The commission may allow an additional 6-month
563	period after the first renewal following initial licensure for
564	completing the postlicensure education courses for sales
565	associatessalespersonsand brokers who cannot, due to
566	individual physical hardship, as defined by rule, complete the
567	courses within the required time.
568	(b) Except as provided in subsection (4), sales associates
569	salespersonsand brokers are not required to meet the 14-hour
570	continuing education requirement prior to the first renewal
571	following initial licensure.
572	(c)1. A distance learning course or courses shall be
573	approved by the commission as an option to classroom hours as
574	satisfactory completion of the postlicensure education course or
575	courses as required by this section. The schools or sponsors
576	authorized by this section have the option of providing
577	classroom courses, distance learning courses, or both. However,
578	satisfactory completion of a distance learning postlicensure
579	education course or courses requires the satisfactory completion
580	of a timed distance learning course examination. Such
581	examination shall not be required to be monitored or given at a
582	centralized location.
583	2. The commission shall provide for postlicensure
584	education courses to be made available by correspondence or
585	other suitable means to any person who, by reason of hardship,
586	as defined by rule, cannot attend the place or places where
587	courses are regularly conducted or does not have access to the
588	distance learning courses.
589	(6) The postlicensure education requirements of this
590	section, and the education course requirements for one to become
591	initially licensed, do not apply to any applicant or licensee
592	who has received a 4-year degree in real estate from an
593	accredited institution of higher education.
594	(7) The commission may not approve prelicensure or
595	postlicensure distance learning courses for brokers, broker
596	associates, and sales associates by correspondence methods,
597	except in instances of hardship pursuant to subparagraphs
598	(2)(a)3. and (5)(c)2.
599	Section 8. Section 475.175, Florida Statutes, is amended
600	to read:
601	475.175 Examinations.--
602	(1) A person shall be entitled to take the license
603	examination to practice in this state if the person:
604	(a) Submits to the department the appropriate notarized or
605	electronically authenticated application and fee, two
606	photographs of herself or himself taken within the preceding
607	year,and a fingerprint card. The fingerprint card shall be
608	forwarded to the Division of Criminal Justice Information
609	Systems within the Department of Law Enforcement for purposes of
610	processing the fingerprint card to determine if the applicant
611	has a criminal history record. The fingerprint card shall also
612	be forwarded to the Federal Bureau of Investigation for purposes
613	of processing the fingerprint card to determine if the applicant
614	has a criminal history record. The information obtained by the
615	processing of the fingerprint card by the Florida Department of
616	Law Enforcement and the Federal Bureau of Investigation shall be
617	sent to the department for the purpose of determining if the
618	applicant is statutorily qualified for examination. Effective
619	July 1, 2006, an applicant shall provide fingerprints in
620	electronic format.
621	(b) Submits at the time of examination the certificate
622	specified in subsection (2), the examination admissions
623	authorization lettercard issued by the commission, and proof of
624	identification.
625	(2) Each accredited college, university, community
626	college, or registered real estate school shall notify the
627	commission of the names of all persons who have satisfactorily
628	completed the educational requirements provided for in s.
629	475.17(2), (3), and (4) in a manner prescribed by the
630	commission. Furthermore, each such educational institution
631	shall provide to each person satisfactorily completing the
632	educational requirements provided for in s. 475.17(2), (3), and
633	(4)a certificate as proof of such satisfactory completion.
634	Section 9. Subsection (1) of section 475.181, Florida
635	Statutes, is amended to read:
636	475.181 Licensure.--
637	(1) The department shall license any applicant whom the
638	commission certifies, pursuant to subsection (2), to be
639	qualified to practice as a broker or sales associate
640	salesperson.
641	Section 10. Section 475.182, Florida Statutes, is amended
642	to read:
643	475.182 Renewal of license; continuing education.--
644	(1) The department shall renew a license upon receipt of
645	the renewal application and fee. The renewal application for an
646	active license as broker, broker associatebroker-salesperson,
647	or sales associatesalespersonshall include proof satisfactory
648	to the commission that the licensee has, since the issuance or
649	renewal of her or his current license, satisfactorily completed
650	at least 14 classroom hours of 50 minutes each of a continuing
651	education course during each biennium of a license period, as
652	prescribed by the commission. Approval or denial of a specialty
653	course must be based on the extent to which the course content
654	focuses on real estate issues relevant to the modern practice of
655	real estate by a real estate licensee, including technology used
656	in the real estate industry.The commission may accept as a
657	substitute for such continuing education course, on a classroom-
658	hour-for-classroom-hour basis, any satisfactorily completed
659	education course that the commission finds is adequate to
660	educate licensees within the intent of this section, including
661	an approved distance learning course. However, the commission
662	may not require, for the purpose of satisfactorily completing an
663	approved correspondence or distance learning course, a written
664	examination that is to be taken at a centralized location and is
665	to be monitored.
666	(2) The department shall adopt rules establishing a
667	procedure for the renewal of licenses at least every 4 years.
668	(3) Any license thatwhichis not renewed at the end of
669	the license period prescribed by the department shall
670	automatically revert to involuntarily inactive status. Such
671	license may subsequently be renewed only if the licensee meets
672	the other qualifications specified in s. 475.183.
673	(4) Sixty days beforeprior tothe end of the license
674	period and automatic reversion of a license to inactive status,
675	the department shall mail a notice of renewal and possible
676	reversion to the last known address of the licensee.
677	Section 11. Section 475.215, Florida Statutes, is amended
678	to read:
679	475.215 Multiple licenses.--
680	(1) A licensed broker may be issued upon request
681	additional licenses as a broker, but not as a sales associate
682	salesperson or as a broker associatebroker-salesperson,
683	whenever it is clearly shown that the requested additional
684	licenses are necessary to the conduct of real estate brokerage
685	business and that the additional licenses will not be used in a
686	manner likely to be prejudicial to any person, including a
687	licensee under this chapter.
688	(2) A sales associatesalesperson or broker associate
689	broker-salespersonshall have no more than one registered
690	employer at any one time.
691	Section 12. Subsection (1) of section 475.22, Florida
692	Statutes, is amended to read:
693	475.22 Broker to maintain office and sign at entrance of
694	office; registered office outside state; broker required to
695	cooperate in investigation.--
696	(1) Each active broker shall maintain an office, which
697	shall consist of at least one enclosed room in a building of
698	stationary construction. Each active broker shall maintain a
699	sign on or about the entrance of her or his principal office and
700	each branch office, which sign may be easily observed and read
701	by any person about to enter such office and shall be of such
702	form and minimum dimensions as shall be prescribed by the
703	commission. Each sign must contain the name of the broker,
704	together with the trade name, if any. For a partnership or
705	corporation, the sign must contain the name of the firm or
706	corporation or trade name of the firm or corporation, together
707	with the name of at least one of the brokers. At a minimum, the
708	words "licensed real estate broker" or "lic. real estate broker"
709	must appear on the office entrance signs.
710	Section 13. Section 475.23, Florida Statutes, is amended
711	to read:
712	475.23 License to expire on change of address.-- A license
713	shall cease to be in force whenever a broker changes her or his
714	business address, a real estate school operating under a permit
715	issued pursuant to s. 475.451 changes its business address, or a
716	sales associatesalespersonworking for a broker or an
717	instructor working for a real estate school changes employer.
718	The licensee shall notify the commission of the change no later
719	than 10 days after the change, on a form provided by the
720	commission. When a broker or a real estate school changes
721	business address, the brokerage firm or school permitholder must
722	file with the commission a notice of the change of address,
723	along with the names of any sales associates or instructors who
724	are no longer employed by the brokerage or school. Such
725	notification shall also fulfill the change of address
726	notification requirements for sales associates who remain
727	employed by the brokerage and instructors who remain employed by
728	the school.
729	Section 14. Subsection (1) of section 475.25, Florida
730	Statutes, is amended, and subsections (5), (6), and (7) are
731	added to said section, to read:
732	475.25 Discipline.--
733	(1) The commission may deny an application for licensure,
734	registration, or permit, or renewal thereof; may place a
735	licensee, registrant, or permittee on probation; may suspend a
736	license, registration, or permit for a period not exceeding 10
737	years; may revoke a license, registration, or permit; may impose
738	an administrative fine not to exceed $1,000 for each count or
739	separate offense; and may issue a reprimand, and any or all of
740	the foregoing, if it finds that the licensee, registrant,
741	permittee, or applicant:
742	(a) Has violated any provision of s. 455.227(1) or s.
743	475.42. However, licensees under this part are exempt from the
744	provisions of s. 455.227(1)(i).
745	(b) Has been guilty of fraud, misrepresentation,
746	concealment, false promises, false pretenses, dishonest dealing
747	by trick, scheme, or device, culpable negligence, or breach of
748	trust in any business transaction in this state or any other
749	state, nation, or territory; has violated a duty imposed upon
750	her or him by law or by the terms of a listing contract,
751	written, oral, express, or implied, in a real estate
752	transaction; has aided, assisted, or conspired with any other
753	person engaged in any such misconduct and in furtherance
754	thereof; or has formed an intent, design, or scheme to engage in
755	any such misconduct and committed an overt act in furtherance of
756	such intent, design, or scheme. It is immaterial to the guilt
757	of the licensee that the victim or intended victim of the
758	misconduct has sustained no damage or loss; that the damage or
759	loss has been settled and paid after discovery of the
760	misconduct; or that such victim or intended victim was a
761	customer or a person in confidential relation with the licensee
762	or was an identified member of the general public.
763	(c) Has advertised property or services in a manner which
764	is fraudulent, false, deceptive, or misleading in form or
765	content. The commission may adopt rules defining methods of
766	advertising that violate this paragraph.
767	(d)1. Has failed to account or deliver to any person,
768	including a licensee under this chapter, at the time which has
769	been agreed upon or is required by law or, in the absence of a
770	fixed time, upon demand of the person entitled to such
771	accounting and delivery, any personal property such as money,
772	fund, deposit, check, draft, abstract of title, mortgage,
773	conveyance, lease, or other document or thing of value,
774	including a share of a real estate commission if a civil
775	judgment relating to the practice of the licensee's profession
776	has been obtained against the licensee and said judgment has not
777	been satisfied in accordance with the terms of the judgment
778	within a reasonable time, or any secret or illegal profit, or
779	any divisible share or portion thereof, which has come into the
780	licensee's hands and which is not the licensee's property or
781	which the licensee is not in law or equity entitled to retain
782	under the circumstances. However, if the licensee, in good
783	faith, entertains doubt as to what person is entitled to the
784	accounting and delivery of the escrowed property, or if
785	conflicting demands have been made upon the licensee for the
786	escrowed property, which property she or he still maintains in
787	her or his escrow or trust account, the licensee shall promptly
788	notify the commission of such doubts or conflicting demands and
789	shall promptly:
790	a. Request that the commission issue an escrow
791	disbursement order determining who is entitled to the escrowed
792	property;
793	b. With the consent of all parties, submit the matter to
794	arbitration;
795	c. By interpleader or otherwise, seek adjudication of the
796	matter by a court; or
797	d. With the written consent of all parties, submit the
798	matter to mediation. The department may conduct mediation or
799	may contract with public or private entities for mediation
800	services. However, the mediation process must be successfully
801	completed within 90 days following the last demand or the
802	licensee shall promptly employ one of the other escape
803	procedures contained in this section. Payment for mediation will
804	be as agreed to in writing by the parties. The department may
805	adopt rules to implement this section.
806
807	If the licensee promptly employs one of the escape procedures
808	contained herein, and if she or heabides by the order or
809	judgment resulting therefrom, no administrative complaint may be
810	filed against the licensee for failure to account for, deliver,
811	or maintain the escrowed property. Under certain circumstances,
812	which the commission shall set forth by rule, a licensee may
813	disburse property from the licensee's escrow account without
814	notifying the commission or employing one of the procedures
815	listed in sub-subparagraphs a.-d.If the buyer of a residential
816	condominium unit delivers to a licensee written notice of the
817	buyer's intent to cancel the contract for sale and purchase, as
818	authorized by s. 718.503, or if the buyer of real property in
819	good faith fails to satisfy the terms in the financing clause of
820	a contract for sale and purchase, the licensee may return the
821	escrowed property to the purchaser without notifying the
822	commission or initiating any of the procedures listed in sub-
823	subparagraphs a.-d.
824	2. Has failed to deposit money in an escrow account when
825	the licensee is the purchaser of real estate under a contract
826	where the contract requires the purchaser to place deposit money
827	in an escrow account to be applied to the purchase price if the
828	sale is consummated.
829	(e) Has violated any of the provisions of this chapter or
830	any lawful order or rule made or issued under the provisions of
831	this chapter or chapter 455.
832	(f) Has been convicted or found guilty of, or entered a
833	plea of nolo contendere to, regardless of adjudication, a crime
834	in any jurisdiction which directly relates to the activities of
835	a licensed broker or sales associatesalesperson, or involves
836	moral turpitude or fraudulent or dishonest dealing. The record
837	of a conviction certified or authenticated in such form as to be
838	admissible in evidence under the laws of the state shall be
839	admissible as prima facie evidence of such guilt.
840	(g) Has had a broker's or sales associate'ssalesperson's
841	license revoked, suspended, or otherwise acted against, or has
842	had an application for such licensure denied, by the real estate
843	licensing agency of another state, territory, or country.
844	(h) Has shared a commission with, or paid a fee or other
845	compensation to, a person not properly licensed as a broker,
846	broker associatebroker-salesperson, or sales associate
847	salespersonunder the laws of this state, for the referral of
848	real estate business, clients, prospects, or customers, or for
849	any one or more of the services set forth in s. 475.01(1)(a).
850	For the purposes of this section, it is immaterial that the
851	person to whom such payment or compensation is given made the
852	referral or performed the service from within this state or
853	elsewhere; however, a licensed broker of this state may pay a
854	referral fee or share a real estate brokerage commission with a
855	broker licensed or registered under the laws of a foreign state
856	so long as the foreign broker does not violate any law of this
857	state.
858	(i) Has become temporarily incapacitated from acting as a
859	broker or sales associatesalespersonwith safety to investors
860	or those in a fiduciary relation with her or him because of
861	drunkenness, use of drugs, or temporary mental derangement; but
862	suspension of a license in such a case shall be only for the
863	period of such incapacity.
864	(j) Has rendered an opinion that the title to any property
865	sold is good or merchantable, except when correctly based upon a
866	current opinion of a licensed attorney at law, or has failed to
867	advise a prospective purchaser to consult her or his attorney on
868	the merchantability of the title or to obtain title insurance.
869	(k) Has failed, if a broker, to immediately place, upon
870	receipt, any money, fund, deposit, check, or draft entrusted to
871	her or him by any person dealing with her or him as a broker in
872	escrow with a title company, banking institution, credit union,
873	or savings and loan association located and doing business in
874	this state, or to deposit such funds in a trust or escrow
875	account maintained by her or him with some bank, credit union,
876	or savings and loan association located and doing business in
877	this state, wherein the funds shall be kept until disbursement
878	thereof is properly authorized; or has failed, if a sales
879	associatesalesperson, to immediately place with her or his
880	registered employer any money, fund, deposit, check, or draft
881	entrusted to her or him by any person dealing with her or him as
882	agent of the registered employer. The commission shall establish
883	rules to provide for records to be maintained by the broker and
884	the manner in which such deposits shall be made. A broker may
885	place and maintain up to $5,000 of personal or brokerage funds
886	in the broker's property management escrow account and up to
887	$1,000 of personal or brokerage funds in the broker's sales
888	escrow account. A broker shall be provided a reasonable amount
889	of time to correct escrow errors if there is no shortage of
890	funds and such errors pose no significant threat to economically
891	harm the public. It is the intent of the Legislature that, in
892	the event of legal proceedings concerning a broker's escrow
893	account, the disbursement of escrowed funds not be delayed due
894	to any dispute over the personal or brokerage funds that may be
895	present in the escrow account. With the written consent of the
896	parties, a broker may invest escrow moneys in:
897	1. Bonds, notes, or other obligations of the United States
898	or those guaranteed by the United States or for which the credit
899	of the United States is pledged for the payment of the principal
900	and interest or dividends thereof.
901	2. State bonds pledging the full faith and credit of the
902	state and revenue bonds additionally secured by the full faith
903	and credit of the state.
904	3. Savings accounts in, or certificates of deposit of, any
905	bank, savings bank, or savings and loan association incorporated
906	under the laws of this state or organized under the laws of the
907	United States doing business and situated in this state, the
908	accounts of which are insured by the Federal Government or an
909	agency thereof.
910	4. Notes, bonds, and other obligations of agencies of the
911	United States.
912	5. Commercial paper of prime quality of the highest letter
913	and numerical rating as provided for by at least one nationally
914	recognized rating service.
915	6. Mortgage securities which represent participation in or
916	are collateralized by mortgage loans secured by real property.
917	Such securities must be issued by an agency of or enterprise
918	sponsored by the United States Government, including, but not
919	limited to, the Government National Mortgage Association, the
920	Federal National Mortgage Association, and the Federal Home Loan
921	Mortgage Corporation.
922	(l) Has made or filed a report or record which the
923	licensee knows to be false, has willfully failed to file a
924	report or record required by state or federal law, has willfully
925	impeded or obstructed such filing, or has induced another person
926	to impede or obstruct such filing; but such reports or records
927	shall include only those which are signed in the capacity of a
928	licensed broker or sales associatesalesperson.
929	(m) Has obtained a license by means of fraud,
930	misrepresentation, or concealment.
931	(n) Is confined in any county jail, postadjudication; is
932	confined in any state or federal prison or mental institution;
933	is under home confinement ordered in lieu of institutional
934	confinement; or, through mental disease or deterioration, can no
935	longer safely be entrusted to competently deal with the public.
936	(o) Has been found guilty, for a second time, of any
937	misconduct that warrants her or his suspension or has been found
938	guilty of a course of conduct or practices which show that she
939	or he is so incompetent, negligent, dishonest, or untruthful
940	that the money, property, transactions, and rights of investors,
941	or those with whom she or he may sustain a confidential
942	relation, may not safely be entrusted to her or him.
943	(p) Has failed to inform the commission in writing within
944	30 days after pleading guilty or nolo contendere to, or being
945	convicted or found guilty of, any felony.
946	(q) Has violated any provision of s. 475.2755 or s.
947	475.278, including the duties owed under those sections.
948	(r) Has failed in any written listing agreement to include
949	a definite expiration date, description of the property, price
950	and terms, fee or commission, and a proper signature of the
951	principal(s); and has failed to give the principal(s) a legible,
952	signed, true and correct copy of the listing agreement within 24
953	hours of obtaining the written listing agreement. The written
954	listing agreement shall contain no provision requiring the
955	person signing the listing to notify the broker of the intention
956	to cancel the listing after such definite expiration date.
957	(s) Has had a registration suspended, revoked, or
958	otherwise acted against in any jurisdiction. The record of the
959	disciplinary action certified or authenticated in such form as
960	to be admissible in evidence under the laws of the state shall
961	be admissible as prima facie evidence of such disciplinary
962	action.
963	(t) Has violated any standard for the development or
964	communication of a real estate appraisal or other provision of
965	the Uniform Standards of Professional Appraisal Practice, as
966	defined in s. 475.611, as approved and adopted by the Appraisal
967	Standards Board of the Appraisal Foundation, as defined in s.
968	475.611. This paragraph does not apply to a real estate broker
969	or sales associatesalespersonwho, in the ordinary course of
970	business, performs a comparative market analysis, gives a broker
971	price opinion, or gives an opinion of value of real estate.
972	However, in no event may this comparative market analysis,
973	broker price opinion, or opinion of value of real estate be
974	referred to as an appraisal, as defined in s. 475.611.
975	(5) An administrative complaint against a broker or broker
976	associate must be filed within 5 years after the time of the act
977	giving rise to the complaint or within 5 years after the time
978	the act is discovered or should have been discovered with the
979	exercise of due diligence.
980	(6) The commission shall promptly notify the licensee's
981	broker or employer, as defined in this part, in writing, any
982	time the commission places a licensee on probation, reprimands a
983	licensee, suspends or revokes the license of a licensee, imposes
984	an administrative fine against a licensee, or takes any other
985	final disciplinary action against a licensee.
986	(7) The commission shall promptly report to the proper
987	prosecuting authority any criminal violation of any statute
988	relating to the practice of a real estate profession regulated
989	by the commission.
990	Section 15. Section 475.2755, Florida Statutes, is amended
991	to read:
992	475.2755 Designated sales associatesalesperson.--
993	(1) For purposes of this part, in any real estate
994	transaction other than a residential sale as defined in s.
995	475.278(5)(a), and where the buyer and seller have assets of $1
996	million or more, the broker at the request of the customers may
997	designate sales associatessalespersonsto act as single agents
998	for different customers in the same transaction. Such designated
999	sales associatessalespersonsshall have the duties of a single
1000	agent as outlined in s. 475.278(3), including disclosure
1001	requirements in s. 475.278(3)(b) and (c). In addition to
1002	disclosure requirements in s. 475.278(3)(b) and (c), the buyer
1003	and seller as customers shall both sign disclosures stating that
1004	their assets meet the threshold described in this subsection and
1005	requesting that the broker use the designated sales associate
1006	salespersonform of representation. In lieu of the transition
1007	disclosure requirement in s. 475.278(3)(c)2., the required
1008	disclosure notice shall include the following:
1009
1010	FLORIDA LAW PROHIBITS A DESIGNATED SALES ASSOCIATESALESPERSON
1011	FROM DISCLOSING, EXCEPT TO THE BROKER OR PERSONS SPECIFIED BY
1012	THE BROKER, INFORMATION MADE CONFIDENTIAL BY REQUEST OR AT THE
1013	INSTRUCTION OF THE CUSTOMER THE DESIGNATED SALES ASSOCIATE
1014	SALESPERSONIS REPRESENTING. HOWEVER, FLORIDA LAW ALLOWS A
1015	DESIGNATED SALES ASSOCIATESALESPERSONTO DISCLOSE INFORMATION
1016	ALLOWED TO BE DISCLOSED OR REQUIRED TO BE DISCLOSED BY LAW AND
1017	ALSO ALLOWS A DESIGNATED SALES ASSOCIATESALESPERSONTO DISCLOSE
1018	TO HIS OR HER BROKER, OR PERSONS SPECIFIED BY THE BROKER,
1019	CONFIDENTIAL INFORMATION OF A CUSTOMER FOR THE PURPOSE OF
1020	SEEKING ADVICE OR ASSISTANCE FOR THE BENEFIT OF THE CUSTOMER IN
1021	REGARD TO A TRANSACTION. FLORIDA LAW REQUIRES THAT THE BROKER
1022	MUST HOLD THIS INFORMATION CONFIDENTIAL AND MAY NOT USE SUCH
1023	INFORMATION TO THE DETRIMENT OF THE OTHER PARTY.
1024	(2) For purposes of this section, the term "buyer" means a
1025	transferee or lessee in a real property transaction, and the
1026	term "seller" means the transferor or lessor in a real property
1027	transaction.
1028	Section 16. Section 475.278, Florida Statutes, is amended
1029	to read:
1030	475.278 Authorized brokerage relationships; presumption of
1031	transaction brokerage;required disclosures.--
1032	(1) BROKERAGE RELATIONSHIPS.--
1033	(a)Authorized brokerage relationships.--A real estate
1034	licensee in this state may enter into a brokerage relationship
1035	as either a single agent or as a transaction broker or as a
1036	single agentwith potential buyers and sellers. A real estate
1037	licensee may not operate as a disclosed or nondisclosed dual
1038	agent. As used in this section, the term "dual agent" means a
1039	broker who represents as a fiduciary both the prospective buyer
1040	and the prospective seller in a real estate transaction. Once a
1041	brokerage relationship is established,This part does not
1042	prevent a licensee from changing from one brokerage relationship
1043	to the other as long as the buyer or the seller, or both, gives
1044	consent as required by subparagraph (3)(c)2. before the change
1045	and the appropriate disclosure of duties as provided in this
1046	part is made to the buyer or seller. This part does not require
1047	a customer to enter into a brokerage relationship with any real
1048	estate licensee.
1049	(b) Presumption of transaction brokerage.--It shall be
1050	presumed that all licensees are operating as transaction brokers
1051	unless a single agent or no brokerage relationship is
1052	established, in writing, with a customer.
1053	(2) TRANSACTION BROKER RELATIONSHIP.--
1054	(a) Transaction broker-duties of limited
1055	representation.--A transaction broker provides a limited form of
1056	representation to a buyer, a seller, or both in a real estate
1057	transaction but does not represent either in a fiduciary
1058	capacity or as a single agent. The duties of the real estate
1059	licensee in this limited form of representation include the
1060	following:
1061	1. Dealing honestly and fairly;
1062	2. Accounting for all funds;
1063	3. Using skill, care, and diligence in the transaction;
1064	4. Disclosing all known facts that materially affect the
1065	value of residential real property and are not readily
1066	observable to the buyer;
1067	5. Presenting all offers and counteroffers in a timely
1068	manner, unless a party has previously directed the licensee
1069	otherwise in writing;
1070	6. Limited confidentiality, unless waived in writing by a
1071	party. This limited confidentiality will prevent disclosure that
1072	the seller will accept a price less than the asking or listed
1073	price, that the buyer will pay a price greater than the price
1074	submitted in a written offer, of the motivation of any party for
1075	selling or buying property, that a seller or buyer will agree to
1076	financing terms other than those offered, or of any other
1077	information requested by a party to remain confidential; and
1078	7. Any additional duties that are mutually agreed to with
1079	a party.
1080	(b) Disclosure requirements.--Duties of a transaction
1081	broker must be fully described and disclosed in writing to a
1082	buyer or seller either as a separate and distinct disclosure
1083	document or included as part of another document such as a
1084	listing agreement or agreement for representation. The
1085	disclosure must be made before, or at the time of, entering into
1086	a listing agreement or an agreement for representation or before
1087	the showing of property, whichever occurs first. When
1088	incorporated into other documents, the required notice must be
1089	of the same size type, or larger, as other provisions of the
1090	document and must be conspicuous in its placement so as to
1091	advise customers of the duties of limited representation, except
1092	that the first sentence of the information identified in
1093	paragraph (c) must be printed in uppercase and bold type. This
1094	paragraph expires July 1, 2008.
1095	(c) Contents of disclosure.--The required notice given
1096	under paragraph (b) must include the following information in
1097	the following form:
1098
1099	IMPORTANT NOTICE
1100
1101	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS
1102	NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.
1103
1104	You should not assume that any real estate broker or salesperson
1105	represents you unless you agree to engage a real estate licensee
1106	in an authorized brokerage relationship, either as a single
1107	agent or as a transaction broker. You are advised not to
1108	disclose any information you want to be held in confidence until
1109	you make a decision on representation.
1110
1111	TRANSACTION BROKER NOTICE
1112
1113	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS
1114	TRANSACTION BROKERS DISCLOSE TO BUYERS AND SELLERS THEIR ROLE
1115	AND DUTIES IN PROVIDING A LIMITED FORM OF REPRESENTATION.
1116
1117	As a transaction broker, ____________________ (insert name of
1118	Real Estate Firm and its Associates), provides to you a limited
1119	form of representation that includes the following duties:
1120	1. Dealing honestly and fairly;
1121	2. Accounting for all funds;
1122	3. Using skill, care, and diligence in the transaction;
1123	4. Disclosing all known facts that materially affect the
1124	value of residential real property and are not readily
1125	observable to the buyer;
1126	5. Presenting all offers and counteroffers in a timely
1127	manner, unless a party has previously directed the licensee
1128	otherwise in writing;
1129	6. Limited confidentiality, unless waived in writing by a
1130	party. This limited confidentiality will prevent disclosure that
1131	the seller will accept a price less than the asking or listed
1132	price, that the buyer will pay a price greater than the price
1133	submitted in a written offer, of the motivation of any party for
1134	selling or buying property, that a seller or buyer will agree to
1135	financing terms other than those offered, or of any other
1136	information requested by a party to remain confidential; and
1137	7. Any additional duties that are entered into by this or
1138	by separate written agreement.
1139
1140	Limited representation means that a buyer or seller is not
1141	responsible for the acts of the licensee. Additionally, parties
1142	are giving up their rights to the undivided loyalty of the
1143	licensee. This aspect of limited representation allows a
1144	licensee to facilitate a real estate transaction by assisting
1145	both the buyer and the seller, but a licensee will not work to
1146	represent one party to the detriment of the other party when
1147	acting as a transaction broker to both parties.
1148	@_@0@_@
1149	This paragraph expires July 1, 2008.
1150	(3) SINGLE AGENT RELATIONSHIP.--
1151	(a) Single agent-duties.--The duties of a real estate
1152	licensee owed to a buyer or seller who engages the real estate
1153	licensee as a single agent include the following:
1154	1. Dealing honestly and fairly;
1155	2. Loyalty;
1156	3. Confidentiality;
1157	4. Obedience;
1158	5. Full disclosure;
1159	6. Accounting for all funds;
1160	7. Skill, care, and diligence in the transaction;
1161	8. Presenting all offers and counteroffers in a timely
1162	manner, unless a party has previously directed the licensee
1163	otherwise in writing; and
1164	9. Disclosing all known facts that materially affect the
1165	value of residential real property and are not readily
1166	observable.
1167	(b) Disclosure requirements.--
1168	1. Single agent disclosure.--Duties of a single agent must
1169	be fully described and disclosed in writing to a buyer or seller
1170	either as a separate and distinct disclosure document or
1171	included as part of another document such as a listing agreement
1172	or other agreement for representation. The disclosure must be
1173	made before, or at the time of, entering into a listing
1174	agreement or an agreement for representation or before the
1175	showing of property, whichever occurs first. When incorporated
1176	into other documents, the required notice must be of the same
1177	size type, or larger, as other provisions of the document and
1178	must be conspicuous in its placement so as to advise customers
1179	of the duties of a single agent, except that the first sentence
1180	of the information identified in paragraph (c) must be printed
1181	in uppercase and bold type.
1182	2. Transition to transaction broker disclosure.--A single
1183	agent relationship may be changed to a transaction broker
1184	relationship at any time during the relationship between an
1185	agent and principal, provided the agent first obtains the
1186	principal's written consent to thegives the disclosure required
1187	under paragraph (2)(b) and the principal gives to the agent
1188	consent as required under subparagraph (c)2. before achange in
1189	relationship. This disclosure must be in writing to the
1190	principal either as a separate and distinct document or included
1191	as part of other documents such as a listing agreement or other
1192	agreements for representation. When incorporated into other
1193	documents, the required notice must be of the same size type, or
1194	larger, as other provisions of the document and must be
1195	conspicuous in its placement so as to advise customers of the
1196	duties of limited representation, except that the first sentence
1197	of the information identified in subparagraph (c)2. must be
1198	printed in uppercase and bold type.
1199	(c) Contents of disclosure.--
1200	1. Single agent duties disclosure.--The notice required
1201	under subparagraph (b)1. must include the following information
1202	in the following form:
1203
1204	IMPORTANT NOTICE
1205
1206	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS
1207	NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.
1208
1209	You should not assume that any real estate broker or salesperson
1210	represents you unless you agree to engage a real estate licensee
1211	in an authorized brokerage relationship, either as a single
1212	agent or as a transaction broker. You are advised not to
1213	disclose any information you want to be held in confidence until
1214	you make a decision on representation.
1215
1216	SINGLE AGENT NOTICE
1217
1218	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES OPERATING AS
1219	SINGLE AGENTS DISCLOSE TO BUYERS AND SELLERS THEIR DUTIES.
1220
1221	As a single agent, ____________________ (insert name of
1222	Real Estate Entity and its Associates) owe to you the following
1223	duties:
1224	1. Dealing honestly and fairly;
1225	2. Loyalty;
1226	3. Confidentiality;
1227	4. Obedience;
1228	5. Full disclosure;
1229	6. Accounting for all funds;
1230	7. Skill, care, and diligence in the transaction;
1231	8. Presenting all offers and counteroffers in a timely
1232	manner, unless a party has previously directed the licensee
1233	otherwise in writing; and
1234	9. Disclosing all known facts that materially affect the
1235	value of residential real property and are not readily
1236	observable.
1237	__________Date ______________________________ Signature
1238	2. Transition disclosure.--To gain the principal's written
1239	consent to a change in relationship, a licensee must use the
1240	following disclosureThe notice required under subparagraph
1241	(b)2. must include the following information in the following
1242	form as well as the information required in paragraph (2)(c):
1243
1244	CONSENT TO TRANSITION TO
1245	TRANSACTION BROKER
1246
1247	FLORIDA LAW ALLOWS REAL ESTATE LICENSEES WHO REPRESENT A BUYER
1248	OR SELLER AS A SINGLE AGENT TO CHANGE FROM A SINGLE AGENT
1249	RELATIONSHIP TO A TRANSACTION BROKERAGE RELATIONSHIP IN ORDER
1250	FOR THE LICENSEE TO ASSIST BOTH PARTIES IN A REAL ESTATE
1251	TRANSACTION BY PROVIDING A LIMITED FORM OF REPRESENTATION TO
1252	BOTH THE BUYER AND THE SELLER. THIS CHANGE IN RELATIONSHIP
1253	CANNOT OCCUR WITHOUT YOUR PRIOR WRITTEN CONSENT.
1254
1255	As a transaction broker, ____________________ (insert name of
1256	Real Estate Firm and its Associates), provides to you a limited
1257	form of representation that includes the following duties:
1258	1. Dealing honestly and fairly;
1259	2. Accounting for all funds;
1260	3. Using skill, care, and diligence in the transaction;
1261	4. Disclosing all known facts that materially affect the
1262	value of residential real property and are not readily
1263	observable to the buyer;
1264	5. Presenting all offers and counteroffers in a timely
1265	manner, unless a party has previously directed the licensee
1266	otherwise in writing;
1267	6. Limited confidentiality, unless waived in writing by a
1268	party. This limited confidentiality will prevent disclosure that
1269	the seller will accept a price less than the asking or listed
1270	price, that the buyer will pay a price greater than the price
1271	submitted in a written offer, of the motivation of any party for
1272	selling or buying property, that a seller or buyer will agree to
1273	financing terms other than those offered, or of any other
1274	information requested by a party to remain confidential; and
1275	7. Any additional duties that are entered into by this or
1276	by separate written agreement.
1277
1278	Limited representation means that a buyer or seller is not
1279	responsible for the acts of the licensee. Additionally, parties
1280	are giving up their rights to the undivided loyalty of the
1281	licensee. This aspect of limited representation allows a
1282	licensee to facilitate a real estate transaction by assisting
1283	both the buyer and the seller, but a licensee will not work to
1284	represent one party to the detriment of the other party when
1285	acting as a transaction broker to both parties.
1286
1287	__________I agree that my agent may assume the role and duties
1288	of a transaction broker. [must be initialed or signed]
1289
1290	(4) NO BROKERAGE RELATIONSHIP.--
1291	(a) No brokerage relationship-duties.--A real estate
1292	licensee owes to a potential seller or buyer with whom the
1293	licensee has no brokerage relationship the following duties:
1294	1. Dealing honestly and fairly;
1295	2. Disclosing all known facts that materially affect the
1296	value of the residential real property which are not readily
1297	observable to the buyer; and
1298	3. Accounting for all funds entrusted to the licensee.
1299	(b) Disclosure requirements.--Duties of a licensee who has
1300	no brokerage relationship with a buyer or seller must be fully
1301	described and disclosed in writing to the buyer or seller. The
1302	disclosure must be made before the showing of property. When
1303	incorporated into other documents, the required notice must be
1304	of the same size type, or larger, as other provisions of the
1305	document and must be conspicuous in its placement so as to
1306	advise customers of the duties of a licensee that has no
1307	brokerage relationship with a buyer or seller, except that the
1308	first sentence of the information identified in paragraph (c)
1309	must be printed in uppercase bold type.
1310	(c) Contents of disclosure.--The notice required under
1311	paragraph (b) must include the following information in the
1312	following form:
1313
1314	IMPORTANT NOTICE
1315
1316	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES PROVIDE THIS
1317	NOTICE TO POTENTIAL SELLERS AND BUYERS OF REAL ESTATE.
1318
1319	You should not assume that any real estate broker or salesperson
1320	represents you unless you agree to engage a real estate licensee
1321	in an authorized brokerage relationship, either as a single
1322	agent or as a transaction broker. You are advised not to
1323	disclose any information you want to be held in confidence until
1324	you decide on representation.
1325
1326	NO BROKERAGE RELATIONSHIP NOTICE
1327
1328	FLORIDA LAW REQUIRES THAT REAL ESTATE LICENSEES WHO HAVE NO
1329	BROKERAGE RELATIONSHIP WITH A POTENTIAL SELLER OR BUYER DISCLOSE
1330	THEIR DUTIES TO SELLERS AND BUYERS.
1331
1332	As a real estate licensee who has no brokerage relationship
1333	with you, __________(insert name of Real Estate Entity and its
1334	Associates)_____ owe to you the following duties:
1335
1336	1. Dealing honestly and fairly;
1337	2. Disclosing all known facts that materially affect the
1338	value of residential real property which are not readily
1339	observable to the buyer.
1340	3. Accounting for all funds entrusted to the licensee.
1341
1342	... (Date) ...... (Signature) ...
1343	(5) APPLICABILITY.--
1344	(a) Residential sales.--The real estate licensee
1345	disclosure requirements of this section apply to all residential
1346	sales. As used in this subsection, the term "residential sale"
1347	means the sale of improved residential property of four units or
1348	fewer, the sale of unimproved residential property intended for
1349	use of four units or fewer, or the sale of agricultural property
1350	of 10 acres or fewer.
1351	(b) Disclosure limitations.--
1352	1. The real estate disclosure requirements of this section
1353	do not apply when a licensee knows that the potential seller or
1354	buyer is represented by a single agent or a transaction broker;
1355	or when an owner is selling new residential units built by the
1356	owner and the circumstances or setting should reasonably inform
1357	the potential buyer that the owner's employee or single agent is
1358	acting on behalf of the owner, whether because of the location
1359	of the sales office or because of office signage or placards or
1360	identification badges worn by the owner's employee or single
1361	agent.
1362	2. The real estate licensee disclosure requirements of
1363	this section do not apply to: nonresidential transactions; the
1364	rental or leasing of real property, unless an option to purchase
1365	all or a portion of the property improved with four or fewer
1366	residential units is given; a bona fide "open house" or model
1367	home showing that does not involve eliciting confidential
1368	information, the execution of a contractual offer or an
1369	agreement for representation, or negotiations concerning price,
1370	terms, or conditions of a potential sale; unanticipated casual
1371	conversations between a licensee and a seller or buyer which do
1372	not involve eliciting confidential information, the execution of
1373	a contractual offer or agreement for representation, or
1374	negotiations concerning price, terms, or conditions of a
1375	potential sale; responding to general factual questions from a
1376	potential buyer or seller concerning properties that have been
1377	advertised for sale; situations in which a licensee's
1378	communications with a potential buyer or seller are limited to
1379	providing general factual information, oral or written, about
1380	the qualifications, background, and services of the licensee or
1381	the licensee's brokerage firm; auctions; appraisals; and
1382	dispositions of any interest in business enterprises or business
1383	opportunities, except for property with four or fewer
1384	residential units.
1385	Section 17. Subsection (1) of section 475.31, Florida
1386	Statutes, is amended to read:
1387	475.31 Final orders.--
1388	(1) An order revoking or suspending the license of a
1389	broker shall automatically causecancel the licenses of all
1390	sales associates and broker associatessalespersonsregistered
1391	with the broker, and, if a partnership or corporation, of all
1392	members, officers, and directors thereof to become involuntarily
1393	inactive, while the license of the broker is inoperative or
1394	until new employment or connection is secured.
1395	Section 18. Section 475.37, Florida Statutes, is amended
1396	to read:
1397	475.37 Effect of reversal of order of court or
1398	commission.--If the order of the court or commission denying a
1399	license or taking any disciplinary action against a licensee is
1400	finally reversed and set aside, the defendant shall be restored
1401	to her or his rights and privileges as a broker or sales
1402	associatesalespersonas of the date of filing the mandate or a
1403	copy thereof with the commission. The matters and things alleged
1404	in the information shall not thereafter be reexamined in any
1405	other proceeding concerning the licensure of the defendant. If
1406	the inquiry concerned was in reference to an application for
1407	licensure, the application shall stand approved, and such
1408	application shall be remanded for further proceedings according
1409	to law.
1410	Section 19. Section 475.41, Florida Statutes, is amended
1411	to read:
1412	475.41 Contracts of unlicensed person for commissions
1413	invalid.--No contract for a commission or compensation for any
1414	act or service enumerated in s. 475.01(3) is valid unless the
1415	broker or sales associatesalespersonhas complied with this
1416	chapter in regard to issuance and renewal of the license at the
1417	time the act or service was performed.
1418	Section 20. Subsection (1) of section 475.42, Florida
1419	Statutes, is amended to read:
1420	475.42 Violations and penalties.--
1421	(1) VIOLATIONS.--
1422	(a) ANo person may notshall operate as a broker or sales
1423	associatesalespersonwithout being the holder of a valid and
1424	current active license therefor. Any person who violates this
1425	paragraph commits a felony of the third degree, punishable as
1426	provided in s. 775.082 or s. 775.083, or, if a corporation, as
1427	provided in s. 775.083.
1428	(b) ANo person licensed as a sales associate may not
1429	salesperson shall operate as a broker or operate as a sales
1430	associatesalespersonfor any person not registered as her or
1431	his employer.
1432	(c) ANo broker may notshallemploy, or continue in
1433	employment, any person as a sales associatesalespersonwho is
1434	not the holder of a valid and current license as sales associate
1435	salesperson; but a license as sales associatesalespersonmay be
1436	issued to a person licensed as an active broker, upon request
1437	and surrender of the license as broker, without a fee in
1438	addition to that paid for the issuance of the broker's active
1439	license.
1440	(d) A sales associate may notNo salesperson shallcollect
1441	any money in connection with any real estate brokerage
1442	transaction, whether as a commission, deposit, payment, rental,
1443	or otherwise, except in the name of the employer and with the
1444	express consent of the employer; and no real estate sales
1445	associatesalesperson, whether the holder of a valid and current
1446	license or not, shall commence or maintain any action for a
1447	commission or compensation in connection with a real estate
1448	brokerage transaction against any person except a person
1449	registered as her or his employer at the time the sales
1450	associatesalespersonperformed the act or rendered the service
1451	for which the commission or compensation is due.
1452	(e) ANo person may notshallviolate any lawful order or
1453	rule of the commission which is binding upon her or him.
1454	(f) ANo person may notshallcommit any conduct or
1455	practice set forth in s. 475.25(1)(b), (c), (d), or (h).
1456	(g) ANo person may notshallmake any false affidavit or
1457	affirmation intended for use as evidence by or before the
1458	commission or a member thereof, or by any of its authorized
1459	representatives, nor mayshallany person give false testimony
1460	under oath or affirmation to or before the commission or any
1461	member thereof in any proceeding authorized by this chapter.
1462	(h) ANo person may notshallfail or refuse to appear at
1463	the time and place designated in a subpoena issued with respect
1464	to a violation of this chapter, unless because of facts that are
1465	sufficient to excuse appearance in response to a subpoena from
1466	the circuit court; nor mayshalla person who is present before
1467	the commission or a member thereof or one of its authorized
1468	representatives acting under authority of this chapter refuse to
1469	be sworn or to affirm or fail or refuse to answer fully any
1470	question propounded by the commission, the member, or such
1471	representative, or by any person by the authority of such
1472	officer or appointee; nor mayshallany person, so being
1473	present, conduct herself or himself in a disorderly,
1474	disrespectful, or contumacious manner.
1475	(i) ANo person may notshallobstruct or hinder in any
1476	manner the enforcement of this chapter or the performance of any
1477	lawful duty by any person acting under the authority of this
1478	chapter or interfere with, intimidate, or offer any bribe to any
1479	member of the commission or any of its employees or any person
1480	who is, or is expected to be, a witness in any investigation or
1481	proceeding relating to a violation of this chapter.
1482	(j) ANo broker or sales associate may notsalesperson
1483	shallplace, or cause to be placed, upon the public records of
1484	any county, any contract, assignment, deed, will, mortgage,
1485	affidavit, or other writing which purports to affect the title
1486	of, or encumber, any real property if the same is known to her
1487	or him to be false, void, or not authorized to be placed of
1488	record, or not executed in the form entitling it to be recorded,
1489	or the execution or recording whereof has not been authorized by
1490	the owner of the property, maliciously or for the purpose of
1491	collecting a commission, or to coerce the payment of money to
1492	the broker or sales associatesalespersonor other person, or
1493	for any unlawful purpose. However, nothing in this paragraph
1494	shall be construed to prohibit a broker or a sales associate
1495	salespersonfrom recording a judgment rendered by a court of
1496	this state or to prohibit a broker from placing a lien on a
1497	property where expressly permitted by contractual agreement.
1498	(k) ANo person may notshalloperate as a broker under a
1499	trade name without causing the trade name to be noted in the
1500	records of the commission and placed on the person's license, or
1501	so operate as a member of a partnership or as a corporation or
1502	as an officer or manager thereof, unless such partnership or
1503	corporation is the holder of a valid current registration.
1504	(l) ANo person may notshallknowingly conceal any
1505	information relating to violations of this chapter.
1506	(m) ANo person may notshallundertake to list or sell
1507	one or more timeshare periods per year in one or more timeshare
1508	plans on behalf of any number of persons without first being the
1509	holder of a valid and current license as a broker or sales
1510	associatesalespersonpursuant to this chapter, except as
1511	provided in s. 475.011 and chapter 721.
1512	(n) ANo broker or sales associate may notsalesperson
1513	shallenter into any listing or other agreement regarding her or
1514	his services in connection with the resale of a timeshare period
1515	unless the broker or sales associatesalespersonfully and
1516	fairly discloses all material aspects of the agreement to the
1517	owner of the timeshare period and fully complies with the
1518	provisions of s. 475.452. Further, ano broker or sales
1519	associate may not usesalesperson shall utilizeany form of
1520	contract or purchase and sale agreement in connection with the
1521	resale of a timeshare period unless the contract or purchase and
1522	sale agreement fully and fairly discloses all material aspects
1523	of the timeshare plan and the rights and obligations of both
1524	buyer and seller. The commission is authorized to adopt
1525	promulgaterules pursuant to chapter 120 as necessary to
1526	implement, enforce, and interpret this paragraph.
1527	(o) A person may not disseminate or cause to be
1528	disseminated by any means any false or misleading information
1529	for the purpose of offering for sale, or for the purpose of
1530	causing or inducing any other person to purchase, lease, or
1531	rent, real estate located in the state or for the purpose of
1532	causing or inducing any other person to acquire an interest in
1533	the title to real estate located in the state.
1534	Section 21. Section 475.43, Florida Statutes, is amended
1535	to read:
1536	475.43 Presumptions.--In all criminal cases, contempt
1537	cases, and other cases filed pursuant to this chapter, if a
1538	party has sold, leased, or let real estate, the title to which
1539	was not in the party when it was offered for sale, lease, or
1540	letting, or such party has maintained an office bearing signs
1541	that real estate is for sale, lease, or rental thereat, or has
1542	advertised real estate for sale, lease, or rental, generally, or
1543	describing property, the title to which was not in such party at
1544	the time, it shall be a presumption that such party was acting
1545	or attempting to act as a real estate broker, and the burden of
1546	proof shall be upon him or her to show that he or she was not
1547	acting or attempting to act as a broker or sales associate
1548	salesperson. All contracts, options, or other devices not based
1549	upon a substantial consideration, or that are otherwise employed
1550	to permit an unlicensed person to sell, lease, or let real
1551	estate, the beneficial title to which has not, in good faith,
1552	passed to such party for a substantial consideration, are hereby
1553	declared void and ineffective in all cases, suits, or
1554	proceedings had or taken under this chapter; however, this
1555	section shall not apply to irrevocable gifts, to unconditional
1556	contracts to purchase, or to options based upon a substantial
1557	consideration actually paid and not subject to any agreements to
1558	return or right of return reserved.
1559	Section 22. Section 475.451, Florida Statutes, is amended
1560	to read:
1561	475.451 Schools teaching real estate practice.--
1562	(1) Each person, school, or institution, except approved
1563	and accredited colleges, universities, community colleges, and
1564	area technical centers in this state, which offers or conducts
1565	any course of study in real estate practice, teaches any course
1566	prescribed by the commission as a condition precedent to
1567	licensure or renewal of licensure as a broker or sales associate
1568	salesperson, or teaches any course designed or represented to
1569	enable or assist applicants for licensure as brokers or sales
1570	associatessalespersonsto pass examinations for such licensure
1571	shall, before commencing or continuing further to offer or
1572	conduct such course or courses, obtain a permit from the
1573	department and abide by the regulations imposed upon such
1574	person, school, or institution by this chapter and rules of the
1575	commission adopted pursuant to this chapter. The exemption for
1576	colleges, universities, community colleges, and area technical
1577	centers is limited to transferable college credit courses
1578	offered by such institutions.
1579	(2) An applicant for a permit to operate a proprietary
1580	real estate school, to be a chief administrator of a proprietary
1581	real estate school or a state institution, or to be an
1582	instructor for a proprietary real estate school or a state
1583	institution must meet the qualifications for practice set forth
1584	in s. 475.17(1) and the following minimal requirements:
1585	(a) "School permitholder" means the individual who is
1586	responsible for directing the overall operation of a proprietary
1587	real estate school. A school permitholder must be the holder of
1588	a license as a broker, either active or voluntarily inactive, or
1589	must have passed an instructor's examination approved by the
1590	commission. A school permitholder must also meet the
1591	requirements of a school instructor if actively engaged in
1592	teaching.
1593	(b) "Chief administrative person" means the individual who
1594	is responsible for the administration of the overall policies
1595	and practices of the institution or proprietary real estate
1596	school. A chief administrative person must also meet the
1597	requirements of a school instructor if actively engaged in
1598	teaching.
1599	(c) "School instructor" means an individual who instructs
1600	persons in the classroom in noncredit college courses in a
1601	college, university, or community college or courses in an area
1602	technical center or proprietary real estate school.
1603	1. Before commencing to provide such instruction, the
1604	applicant must certify the applicant's competency and obtain an
1605	instructor permit by meeting one of the following requirements:
1606	a. Hold a bachelor's degree in a business-related subject,
1607	such as real estate, finance, accounting, business
1608	administration, or its equivalent and hold a valid broker's
1609	license in this state.
1610	b. Hold a bachelor's degree, have extensive real estate
1611	experience, as defined by rule, and hold a valid broker's
1612	license in this state.
1613	c. Pass an instructor's examination approved by the
1614	commission.
1615	2. Any requirement by the commission for a teaching
1616	demonstration or practical examination must apply to all school
1617	instructor applicants.
1618	3. The department shall renew an instructor permit upon
1619	receipt of a renewal application and fee. The renewal
1620	application shall include proof that the permitholder has, since
1621	the issuance or renewal of the current permit, successfully
1622	completed a minimum of 715classroom hours of instruction in
1623	real estate subjects or instructional techniques, as prescribed
1624	by the commission. The commission shall adopt rules providing
1625	for the renewal of instructor permits at least every 2 years.
1626	Any permit which is not renewed at the end of the permit period
1627	established by the department shall automatically revert to
1628	involuntarily inactive status.
1629
1630	The department may require an applicant to submit names of
1631	persons having knowledge concerning the applicant and the
1632	enterprise; may propound interrogatories to such persons and to
1633	the applicant concerning the character of the applicant,
1634	including the taking of fingerprints for processing through the
1635	Federal Bureau of Investigation; and shall make such
1636	investigation of the applicant or the school or institution as
1637	it may deem necessary to the granting of the permit. If an
1638	objection is filed, it shall be considered in the same manner as
1639	objections or administrative complaints against other applicants
1640	for licensure by the department.
1641	(3) It is unlawful for any person, school, or institution
1642	to offer the courses described in subsection (1) or to conduct
1643	classes in such courses, regardless of the number of pupils,
1644	whether by correspondence or otherwise, without first procuring
1645	a permit, or to guarantee that its pupils will pass any
1646	examinations required for licensure, or to represent that the
1647	issuance of a permit is any recommendation or endorsement of the
1648	person, school, or institution to which it is issued or of any
1649	course of instruction given thereunder.
1650	(4) Any person who violates this section commits a
1651	misdemeanor of the second degree, punishable as provided in s.
1652	775.082 or s. 775.083.
1653	(5) The location of classes and frequency of class
1654	meetings and the provision of distance learning courses shall be
1655	in the discretion of the school offering real estate courses, so
1656	long as such courses conform to s. 475.17(2).
1657	(6) Any course prescribed by the commission as a condition
1658	precedent to any person's becoming initially licensed as a sales
1659	associatesalespersonmay be taught in any real estate school
1660	through the use of a video tape of instruction by a currently
1661	permitted instructor from any such school or may be taught by
1662	distance learning pursuant to s. 475.17(2). The commission may
1663	require that any such video tape course have a single session of
1664	live instruction by a currently permitted instructor from any
1665	such school; however, this requirement shall not exceed 3
1666	classroom hours. All other prescribed courses, except the
1667	continuing education course required by s. 475.182, shall be
1668	taught by a currently permitted school instructor personally in
1669	attendance at such course or by distance learning pursuant to s.
1670	475.17. The continuing education course required by s. 475.182
1671	may be taught by distance learning pursuant to s. 475.17 or by
1672	an equivalent correspondence course; however, any such
1673	correspondence course shall be required to have a final
1674	examination, prepared and administered by the school issuing the
1675	correspondence course. The continuing education requirements
1676	provided in this section or provided in any other section in
1677	this chapter do not apply with respect to any attorney who is
1678	otherwise qualified under the provisions of this chapter.
1679	(7) Any person holding a school instructor permit on
1680	October 1, 1983, is exempt from the instructor examination
1681	requirements of paragraph (2)(c) as long as the person
1682	continuously holds such a permit and complies with all other
1683	requirements of this chapter.
1684	(7)(8)A permitholder under this section may be issued
1685	additional permits whenever it is clearly shown that the
1686	requested additional permits are necessary to the conduct of the
1687	business of a real estate school and that the additional permits
1688	will not be used in a manner likely to be prejudicial to any
1689	person, including a licensee or a permitholder under this
1690	chapter.
1691	Section 23. Subsections (4) and (5) of section 475.4511,
1692	Florida Statutes, are repealed.
1693	Section 24. Section 475.453, Florida Statutes, is amended
1694	to read:
1695	475.453 Rental information; contract or receipt; refund;
1696	penalty.--
1697	(1) Each broker or sales associatesalespersonwho
1698	attempts to negotiate a rental, or who furnishes rental
1699	information to a prospective tenant, for a fee paid by the
1700	prospective tenant shall provide such prospective tenant with a
1701	contract or receipt, which contract or receipt contains a
1702	provision for the repayment of any amount over 25 percent of the
1703	fee to the prospective tenant if the prospective tenant does not
1704	obtain a rental. If the rental information provided by the
1705	broker or sales associatesalespersonto a prospective tenant is
1706	not current or accurate in any material respect, the full fee
1707	shall be repaid to the prospective tenant upon demand. A demand
1708	from the prospective tenant for the return of the fee, or any
1709	part thereof, shall be made within 30 days following the day on
1710	which the real estate broker or sales associatesalespersonhas
1711	contracted to perform services to the prospective tenant. The
1712	contract or receipt shall also conform to the guidelines adopted
1713	by the commission in order to effect disclosure of material
1714	information regarding the service to be provided to the
1715	prospective tenant.
1716	(2) The commission may adopt a guideline for the form of
1717	the contract or receipt required to be provided by brokers or
1718	sales associatessalespersonspursuant to the provisions of
1719	subsection (1).
1720	(3)(a) Any person who violates any provision of subsection
1721	(1) is guilty of a misdemeanor of the first degree, punishable
1722	as provided in s. 775.082 or s. 775.083.
1723	(b) In addition to the penalty prescribed in paragraph
1724	(a), the license of any broker or sales associatesalesperson
1725	who participates in any rental information transaction which is
1726	in violation of the provisions of subsection (1) shall be
1727	subject to suspension or revocation by the commission in the
1728	manner prescribed by law.
1729	Section 25. Section 475.455, Florida Statutes, is amended
1730	to read:
1731	475.455 Exchange of disciplinary information.--The
1732	commission shall inform the Division of Florida Land Sales,
1733	Condominiums, and Mobile Homes of the Department of Business and
1734	Professional Regulation of any disciplinary action the
1735	commission has taken against any of its licensees. The division
1736	shall inform the commission of any disciplinary action the
1737	division has taken against any broker or sales associate
1738	salespersonregistered with the division.
1739	Section 26. Section 475.482, Florida Statutes, is amended
1740	to read:
1741	475.482 Real Estate Recovery Fund.--There is created the
1742	Florida Real Estate Recovery Fund as a separate account in the
1743	Professional Regulation Trust Fund.
1744	(1) The Florida Real Estate Recovery Fund shall be
1745	disbursed as provided in s. 475.484, on order of the commission,
1746	as reimbursement to any person, partnership, or corporation
1747	adjudged by a court of competent civil jurisdiction in this
1748	state to have suffered monetary damages by reason of any act
1749	committed, as a part of any real estate brokerage transaction
1750	involving real property in this state, by any broker or sales
1751	associatesalespersonwho:
1752	(a) Was, at the time the alleged act was committed, the
1753	holder of a current, valid, active real estate license issued
1754	under this part;
1755	(b) Was neither the seller, buyer, landlord, or tenant in
1756	the transaction nor an officer or a director of a corporation, a
1757	member of a partnership, a member of a limited liability
1758	company, or a partner of a limited liability partnership which
1759	was the seller, buyer, landlord, or tenant in the transaction;
1760	and
1761	(c) Was acting solely in the capacity of a real estate
1762	licensee in the transaction;
1763
1764	provided the act was a violation proscribed in s. 475.25 or s.
1765	475.42.
1766	(2) The Real Estate Recovery Fund shall also be disbursed
1767	as provided in s. 475.484, on order of the commission, as
1768	reimbursement to any broker or sales associatesalespersonwho
1769	is required by a court of competent civil jurisdiction to pay
1770	monetary damages due to a distribution of escrow moneys which is
1771	made in compliance with an escrow disbursement order issued by
1772	the commission. However, in no case shall the fund be disbursed
1773	when the broker or sales associatesalespersonfails to notify
1774	the commission and to diligently defend an action wherein the
1775	broker or sales associatesalespersonmay be required by a court
1776	of competent civil jurisdiction to pay monetary damages due to a
1777	distribution of escrow moneys which is made in compliance with
1778	an escrow disbursement order issued by the commission.
1779	(3) A fee of $3.50 per year shall be added to the license
1780	fee for both new licenses and renewals of licenses for brokers,
1781	and a fee of $1.50 per year shall be added for new licenses and
1782	renewals of licenses for sales associatessalespersons. This
1783	fee shall be in addition to the regular license fee and shall be
1784	deposited in or transferred to the Real Estate Recovery Fund.
1785	If the fund at any time exceeds $1 million$750,000, collection
1786	of special fees for this fund shall be discontinued at the end
1787	of the licensing renewal cycle. Such special fees shall not be
1788	reimposed unless the fund is reduced below $500,000 by
1789	disbursement made in accordance with this chapter.
1790	(4) In addition, all moneys collected from fines imposed
1791	by the commission and collected by the department shall be
1792	transferred into the Real Estate Recovery Fund.
1793	Section 27. Paragraph (a) of subsection (1) and
1794	subsections (2) and (3) of section 475.483, Florida Statutes,
1795	are amended to read:
1796	475.483 Conditions for recovery; eligibility.--
1797	(1) Any person is eligible to seek recovery from the Real
1798	Estate Recovery Fund if:
1799	(a) Such person has received a final judgment in a court
1800	of competent civil jurisdiction in this state against an
1801	individual broker or sales associatesalespersonin any action
1802	wherein the cause of action was based on a real estate brokerage
1803	transaction. If such person is unable to secure a final judgment
1804	against a licensee due to the death of the licensee, the
1805	commission may waive the requirement for a final judgment. The
1806	filing of a bankruptcy petition by a broker or sales associate
1807	salespersondoes not relieve a claimant from the obligation to
1808	obtain a final judgment against the licensee. In this instance,
1809	the claimant must seek to have assets involving the real estate
1810	transaction that gave rise to the claim removed from the
1811	bankruptcy proceedings so that the matter might be heard in a
1812	court of competent civil jurisdiction in this state. If, after
1813	due diligence, the claimant is precluded by action of the
1814	bankruptcy court from securing a final judgment against the
1815	licensee, the commission may waive the requirement for a final
1816	judgment.
1817	(2) A person is not qualified to make a claim for recovery
1818	from the Real Estate Recovery Fund, if:
1819	(a) Such person is the spouse of the judgment debtor or a
1820	personal representative of such spouse;
1821	(b) Such person is a licensed broker or sales associate
1822	salespersonwho acted as a single agent or transaction broker in
1823	the transaction that is the subject of the claim;
1824	(c) Such person's claim is based upon a real estate
1825	transaction in which the licensed broker or sales associate
1826	salespersonwas the owner of or controlled the property involved
1827	in the transaction; in which the licensee was dealing for the
1828	licensee's own account; or in which the licensee was not acting
1829	as a broker or sales associatesalesperson;
1830	(d) Such person's claim is based upon a real estate
1831	transaction in which the broker or sales associatesalesperson
1832	did not hold a valid, current, and active license at the time of
1833	the real estate transaction; or
1834	(e) The judgment is against a real estate brokerage
1835	corporation, partnership, limited liability company, or limited
1836	liability partnership.
1837	(3) The commission may pay attorney's fees and court costs
1838	If the claim is of the type described in s. 475.482(2), the
1839	commission shall pay the defendant's reasonable attorney's fees
1840	and court costs and, if the plaintiff prevails in court, the
1841	plaintiff's reasonable attorney's fees and court costs.
1842	Section 28. Subsections (1), (3), (4), (5), and (7) of
1843	section 475.484, Florida Statutes, are amended to read:
1844	475.484 Payment from the fund.--
1845	(1) Any person who meets all of the conditions prescribed
1846	in s. 475.482(1) or (2) may apply to the commission to cause
1847	payment to be made to such person from the Real Estate Recovery
1848	Fund:
1849	(a) Under s. 475.482(1), in an amount equal to the
1850	unsatisfied portion of such person's judgment or $50,000
1851	$25,000, whichever is less, but only to the extent and amount
1852	reflected in the judgment as being actual or compensatory
1853	damages. Except as provided in s. 475.483, treble damages, court
1854	costs, attorney's fees, and interest shall not be recovered from
1855	the fund.
1856	(b) Under s. 475.482(2), in an amount equal to the
1857	judgment against the broker or sales associatesalesperson or
1858	$50,000$25,000, whichever is less.
1859	(3) Payments for claims arising out of the same
1860	transaction shall be limited, in the aggregate, to $50,000
1861	$25,000, regardless of the number of claimants or parcels of
1862	real estate involved in the transaction.
1863	(4) Payments for claims based upon judgments against any
1864	one broker or sales associatesalespersonmay not exceed, in the
1865	aggregate, $150,000$75,000.
1866	(5) If at any time the moneys in the Real Estate Recovery
1867	Fund are insufficient to satisfy any valid claim or portion
1868	thereof, the commission shall satisfy such unpaid claim or
1869	portion thereof as soon as a sufficient amount of money has been
1870	deposited in or transferred to the fund. When there is more than
1871	one unsatisfied claim outstanding, such claims shall be paid in
1872	the order in which the claims were approved by the commission.
1873	However, if the total claims approved at any one commission
1874	meeting exceed the aggregate amount established in subsection
1875	(4) against any one broker or sales associatesalesperson, the
1876	claims approved on that day shall be prorated.
1877	(7) Upon the payment of any amount from the Real Estate
1878	Recovery Fund in settlement of a claim in satisfaction of a
1879	judgment against a broker or sales associatesalespersonas
1880	described in s. 475.482(1), the license of such broker or sales
1881	associatesalespersonshall be automatically suspended upon the
1882	date of payment from the fund. The license of such broker or
1883	sales associatesalespersonmay not be reinstated until the
1884	licensee has repaid in full, plus interest, the amount paid from
1885	the fund. No further administrative action is necessary. A
1886	discharge of bankruptcy does not relieve a licensee from the
1887	penalties and disabilities provided in this section, except to
1888	the extent that this subsection conflicts with 11 U.S.C. s. 525,
1889	in which case the commission may order the license not to be
1890	suspended or otherwise discriminated against.
1891	Section 29. Subsection (2) of section 475.5017, Florida
1892	Statutes, is amended to read:
1893	475.5017 Injunctive relief; powers.--
1894	(2) All expenses of the receiver shall be paid out of the
1895	assets of the brokerage firm upon application to and approval by
1896	the court. If the assets are not sufficient to pay all the
1897	expenses of the receiver, the court may order disbursement from
1898	the Real Estate Recovery Fund, which may not exceed $100,000
1899	$75,000per receivership.
1900	Section 30. Section 475.505, Florida Statutes, is created
1901	to read:
1902	475.505 Temporary practice.--
1903	(1) The commission shall recognize, on a temporary basis,
1904	the license of a real estate broker issued by another state,
1905	provided:
1906	(a) The real estate broker's business is of a temporary
1907	nature and limited to commercial real estate transactions. For
1908	purposes of this section, "commercial real estate" means any
1909	parcel of real estate in this state other than real estate
1910	containing one to four residential units. "Commercial real
1911	estate" does not include single-family residential units such as
1912	condominiums, townhouses, manufactured homes, or homes in a
1913	subdivision when sold, leased, or otherwise conveyed on a unit-
1914	by-unit basis, even when those units are a part of a larger
1915	building or parcel of real estate containing more than four
1916	residential units.
1917	(b) The real estate broker registers with the commission.
1918	(c) The person requesting recognition of a license as a
1919	real estate broker issued by another state is a nonresident of
1920	Florida.
1921	(2) In order to register with the commission, the real
1922	estate broker must:
1923	(a) Pay any required fee as established by rule.
1924	(b) Provide, or cause the state where the applicant may be
1925	licensed or certified to furnish, proof of licensure or
1926	certification along with the copies of the records of any
1927	disciplinary actions taken against the applicant's license or
1928	certification in that or other jurisdictions.
1929	(c) Agree in writing to cooperate with any investigation
1930	initiated under this part by promptly supplying such documents
1931	that any authorized representative of the department may
1932	request. If the department sends a notice by certified mail to
1933	the last known address of a nonresident real estate broker to
1934	produce documents or to appear in conjunction with an
1935	investigation and the nonresident real estate broker fails to
1936	comply with that request, the commission may impose on that
1937	nonresident real estate broker any disciplinary action or
1938	penalty authorized under this part.
1939	(d) Agree to enter a written agreement with a cooperating
1940	real estate broker licensed in this state before performing any
1941	act in this state which constitutes professional real estate
1942	activity. The written agreement shall provide:
1943	1. The terms of cooperation and compensation.
1944	2. That the services set forth in s. 475.01(1)(a), if
1945	conducted in this state, will be under the supervision and
1946	control of the cooperating real estate broker licensed in this
1947	state.
1948	3. That civil actions may be commenced against the real
1949	estate broker, the cooperating real estate broker licensed in
1950	this state, or both in any court of competent jurisdiction in
1951	any county of this state in which a claim arises.
1952	4. That the cooperating real estate broker licensed in
1953	this state shall accompany the real estate broker and the
1954	potential buyer or potential lessee during any initial property
1955	showing.
1956	5. That all subsequent property showings and all
1957	negotiations regarding the cooperative real estate transaction
1958	are conducted under the supervision, control, and express
1959	permission of the cooperating real estate broker licensed in
1960	this state.
1961	6. That any escrow or trust funds obtained by the real
1962	estate broker in any transaction involving any real property in
1963	Florida shall be held in the escrow account of the cooperating
1964	real estate broker licensed in this state unless otherwise
1965	agreed in writing by the party or parties having any interest in
1966	said escrow or trust funds.
1967	(e) Sign a notarized statement that the applicant has read
1968	this part and all applicable rules and agrees to comply with the
1969	laws of Florida in the performance of all real estate
1970	activities.
1971	(3) For purposes of this section, a "real estate broker
1972	licensed in another state" means the licensed broker and other
1973	brokers or salespersons licensed under such broker. However, the
1974	temporary recognition will extend to other brokers and
1975	salespersons licensed under such broker, provided they follow
1976	all of the foregoing requirements for registration and the
1977	broker provides the commission a notarized statement certifying
1978	that the brokers or salespersons will perform the services of
1979	real estate under the real estate broker's direction, control,
1980	or management and in accordance with the agreement with the
1981	cooperating real estate broker licensed in this state.
1982	Section 31. Subsections (2) and (3) of section 475.612,
1983	Florida Statutes, are amended to read:
1984	475.612 Certification, licensure, or registration
1985	required.--
1986	(2) This section does not preclude a broker, sales
1987	associatesalesperson, or broker associatebroker-salesperson
1988	who is not a certified or licensed real estate appraiser or
1989	registered assistant real estate appraiser from appraising real
1990	estate for compensation. Such persons may continue to provide
1991	appraisals and appraisal services for compensation so long as
1992	they do not represent themselves as certified, licensed, or
1993	registered under this part.
1994	(3) This section does not apply to a real estate broker or
1995	sales associatesalespersonwho, in the ordinary course of
1996	business, performs a comparative market analysis, gives a broker
1997	price opinion, or gives an opinion of the value of real estate.
1998	However, in no event may this comparative market analysis,
1999	broker price opinion, or opinion of value of real estate be
2000	referred to or construed as an appraisal.
2001	Section 32. Section 689.25, Florida Statutes, is amended
2002	to read:
2003	689.25 Failure to disclose homicide, suicide, deaths, or
2004	diagnosis of HIV or AIDS infection in an occupant of real
2005	property.--
2006	(1)(a)The fact that an occupant of real property is
2007	infected or has been infected with human immunodeficiency virus
2008	or diagnosed with acquired immune deficiency syndrome is not a
2009	material fact that must be disclosed in a real estate
2010	transaction.
2011	(b) The fact that a property was, or was at any time
2012	suspected to have been, the site of a homicide, suicide, or
2013	death is not a material fact that must be disclosed in a real
2014	estate transaction.
2015	(2) ANo cause of action shall not arisearisesagainst an
2016	owner of real property,or his or her agent, anor against any
2017	agent of a transferee of real property, or a person licensed
2018	under chapter 475 for the failure to disclose to the transferee
2019	that the property was or was suspected to have been the site of
2020	a homicide, suicide, or death orthat an occupant of that
2021	property was infected with human immunodeficiency virus or
2022	diagnosed with acquired immune deficiency syndrome.
2023	Section 33. Sections 475.421 and 475.422, Florida
2024	Statutes, are repealed.
2025	Section 34. Paragraph (d) of subsection (3) of section
2026	83.49, Florida Statutes, is amended to read:
2027	83.49 Deposit money or advance rent; duty of landlord and
2028	tenant.--
2029	(3)
2030	(d) Compliance with this section by an individual or
2031	business entity authorized to conduct business in this state,
2032	including Florida-licensed real estate brokers and sales
2033	associatessalespersons, shall constitute compliance with all
2034	other relevant Florida Statutes pertaining to security deposits
2035	held pursuant to a rental agreement or other landlord-tenant
2036	relationship. Enforcement personnel shall look solely to this
2037	section to determine compliance. This section prevails over any
2038	conflicting provisions in chapter 475 and in other sections of
2039	the Florida Statutes, and shall operate to permit licensed real
2040	estate brokers to disburse security deposits and deposit money
2041	without having to comply with the notice and settlement
2042	procedures contained in s. 475.25(1)(d).
2043	Section 35. Paragraph (d) of subsection (15) of section
2044	440.02, Florida Statutes, is amended to read:
2045	440.02 Definitions.--When used in this chapter, unless the
2046	context clearly requires otherwise, the following terms shall
2047	have the following meanings:
2048	(15)
2049	(d) "Employee" does not include:
2050	1. An independent contractor, if:
2051	a. The independent contractor maintains a separate
2052	business with his or her own work facility, truck, equipment,
2053	materials, or similar accommodations;
2054	b. The independent contractor holds or has applied for a
2055	federal employer identification number, unless the independent
2056	contractor is a sole proprietor who is not required to obtain a
2057	federal employer identification number under state or federal
2058	requirements;
2059	c. The independent contractor performs or agrees to
2060	perform specific services or work for specific amounts of money
2061	and controls the means of performing the services or work;
2062	d. The independent contractor incurs the principal
2063	expenses related to the service or work that he or she performs
2064	or agrees to perform;
2065	e. The independent contractor is responsible for the
2066	satisfactory completion of work or services that he or she
2067	performs or agrees to perform and is or could be held liable for
2068	a failure to complete the work or services;
2069	f. The independent contractor receives compensation for
2070	work or services performed for a commission or on a per-job or
2071	competitive-bid basis and not on any other basis;
2072	g. The independent contractor may realize a profit or
2073	suffer a loss in connection with performing work or services;
2074	h. The independent contractor has continuing or recurring
2075	business liabilities or obligations; and
2076	i. The success or failure of the independent contractor's
2077	business depends on the relationship of business receipts to
2078	expenditures.
2079
2080	However, the determination as to whether an individual included
2081	in the Standard Industrial Classification Manual of 1987,
2082	Industry Numbers 0711, 0721, 0722, 0751, 0761, 0762, 0781, 0782,
2083	0783, 0811, 0831, 0851, 2411, 2421, 2435, 2436, 2448, or 2449,
2084	or a newspaper delivery person, is an independent contractor is
2085	governed not by the criteria in this paragraph but by common-law
2086	principles, giving due consideration to the business activity of
2087	the individual. Notwithstanding the provisions of this paragraph
2088	or any other provision of this chapter, with respect to any
2089	commercial building project estimated to be valued at $250,000
2090	or greater, a person who is actively engaged in the construction
2091	industry is not an independent contractor and is either an
2092	employer or an employee who may not be exempt from the coverage
2093	requirements of this chapter.
2094	2. A real estate licenseesalesperson or agent, if that
2095	person agrees, in writing, to perform for remuneration solely by
2096	way of commission.
2097	3. Bands, orchestras, and musical and theatrical
2098	performers, including disk jockeys, performing in licensed
2099	premises as defined in chapter 562, if a written contract
2100	evidencing an independent contractor relationship is entered
2101	into before the commencement of such entertainment.
2102	4. An owner-operator of a motor vehicle who transports
2103	property under a written contract with a motor carrier which
2104	evidences a relationship by which the owner-operator assumes the
2105	responsibility of an employer for the performance of the
2106	contract, if the owner-operator is required to furnish the
2107	necessary motor vehicle equipment and all costs incidental to
2108	the performance of the contract, including, but not limited to,
2109	fuel, taxes, licenses, repairs, and hired help; and the owner-
2110	operator is paid a commission for transportation service and is
2111	not paid by the hour or on some other time-measured basis.
2112	5. A person whose employment is both casual and not in the
2113	course of the trade, business, profession, or occupation of the
2114	employer.
2115	6. A volunteer, except a volunteer worker for the state or
2116	a county, municipality, or other governmental entity. A person
2117	who does not receive monetary remuneration for services is
2118	presumed to be a volunteer unless there is substantial evidence
2119	that a valuable consideration was intended by both employer and
2120	employee. For purposes of this chapter, the term "volunteer"
2121	includes, but is not limited to:
2122	a. Persons who serve in private nonprofit agencies and who
2123	receive no compensation other than expenses in an amount less
2124	than or equivalent to the standard mileage and per diem expenses
2125	provided to salaried employees in the same agency or, if such
2126	agency does not have salaried employees who receive mileage and
2127	per diem, then such volunteers who receive no compensation other
2128	than expenses in an amount less than or equivalent to the
2129	customary mileage and per diem paid to salaried workers in the
2130	community as determined by the department; and
2131	b. Volunteers participating in federal programs
2132	established under Pub. L. No. 93-113.
2133	7. Any officer of a corporation who elects to be exempt
2134	from this chapter.
2135	8. A sole proprietor or officer of a corporation who
2136	actively engages in the construction industry, and a partner in
2137	a partnership that is actively engaged in the construction
2138	industry, who elects to be exempt from the provisions of this
2139	chapter. Such sole proprietor, officer, or partner is not an
2140	employee for any reason until the notice of revocation of
2141	election filed pursuant to s. 440.05 is effective.
2142	9. An exercise rider who does not work for a single horse
2143	farm or breeder, and who is compensated for riding on a case-by-
2144	case basis, provided a written contract is entered into prior to
2145	the commencement of such activity which evidences that an
2146	employee/employer relationship does not exist.
2147	10. A taxicab, limousine, or other passenger vehicle-for-
2148	hire driver who operates said vehicles pursuant to a written
2149	agreement with a company which provides any dispatch, marketing,
2150	insurance, communications, or other services under which the
2151	driver and any fees or charges paid by the driver to the company
2152	for such services are not conditioned upon, or expressed as a
2153	proportion of, fare revenues.
2154	11. A person who performs services as a sports official
2155	for an entity sponsoring an interscholastic sports event or for
2156	a public entity or private, nonprofit organization that sponsors
2157	an amateur sports event. For purposes of this subparagraph, such
2158	a person is an independent contractor. For purposes of this
2159	subparagraph, the term "sports official" means any person who is
2160	a neutral participant in a sports event, including, but not
2161	limited to, umpires, referees, judges, linespersons,
2162	scorekeepers, or timekeepers. This subparagraph does not apply
2163	to any person employed by a district school board who serves as
2164	a sports official as required by the employing school board or
2165	who serves as a sports official as part of his or her
2166	responsibilities during normal school hours.
2167	Section 36. Paragraph (n) of subsection (21) of section
2168	443.036, Florida Statutes, is amended to read:
2169	443.036 Definitions.--As used in this chapter, unless the
2170	context clearly requires otherwise:
2171	(21) EMPLOYMENT.--"Employment," subject to the other
2172	provisions of this chapter, means any service performed by an
2173	employee for the person employing him or her.
2174	(n) Exclusions generally.--The term "employment" does not
2175	include:
2176	1. Domestic service in a private home, local college club,
2177	or local chapter of a college fraternity or sorority, except as
2178	provided in paragraph (g).
2179	2. Service performed on or in connection with a vessel or
2180	aircraft not an American vessel or American aircraft, if the
2181	employee is employed on and in connection with such vessel or
2182	aircraft when outside the United States.
2183	3. Service performed by an individual in, or as an officer
2184	or member of the crew of a vessel while it is engaged in, the
2185	catching, taking, harvesting, cultivating, or farming of any
2186	kind of fish, shellfish, crustacea, sponges, seaweeds, or other
2187	aquatic forms of animal and vegetable life, including service
2188	performed by any such individual as an ordinary incident to any
2189	such activity, except:
2190	a. Service performed in connection with the catching or
2191	taking of salmon or halibut for commercial purposes.
2192	b. Service performed on, or in connection with, a vessel
2193	of more than 10 net tons, determined in the manner provided for
2194	determining the register tonnage of merchant vessels under the
2195	laws of the United States.
2196	4. Service performed by an individual in the employ of his
2197	or her son, daughter, or spouse, including step relationships,
2198	and service performed by a child, or stepchild, under the age of
2199	21 in the employ of his or her father or mother, or stepfather
2200	or stepmother.
2201	5. Service performed in the employ of the United States
2202	Government or of an instrumentality of the United States which
2203	is:
2204	a. Wholly or partially owned by the United States.
2205	b. Exempt from the tax imposed by s. 3301 of the Internal
2206	Revenue Code by virtue of any provision of federal law which
2207	specifically refers to such section, or the corresponding
2208	section of prior law, in granting such exemption; except that to
2209	the extent that the Congress shall permit states to require any
2210	instrumentalities of the United States to make payments into an
2211	unemployment fund under a state unemployment compensation law,
2212	all of the provisions of this law shall be applicable to such
2213	instrumentalities, and to services performed for such
2214	instrumentalities, in the same manner, to the same extent, and
2215	on the same terms as to all other employers, employing units,
2216	individuals, and services. If this state is not certified for
2217	any year by the Secretary of Labor under s. 3304 of the federal
2218	Internal Revenue Code, the payments required of such
2219	instrumentalities with respect to such year shall be refunded by
2220	the division from the fund in the same manner and within the
2221	same period as is provided in s. 443.141(6) with respect to
2222	contributions erroneously collected.
2223	6. Service performed in the employ of a state, or any
2224	political subdivision thereof, or any instrumentality of any one
2225	or more of the foregoing which is wholly owned by one or more
2226	states or political subdivisions, except as provided in
2227	paragraph (b), and any service performed in the employ of any
2228	instrumentality of one or more states or political subdivisions,
2229	to the extent that the instrumentality is, with respect to such
2230	service, immune under the Constitution of the United States from
2231	the tax imposed by s. 3301 of the Internal Revenue Code.
2232	7. Service performed in the employ of a corporation,
2233	community chest, fund, or foundation, organized and operated
2234	exclusively for religious, charitable, scientific, testing for
2235	public safety, literary, or educational purposes, or for the
2236	prevention of cruelty to children or animals, no part of the net
2237	earnings of which inures to the benefit of any private
2238	shareholder or individual, no substantial part of the activities
2239	of which is carrying on propaganda or otherwise attempting to
2240	influence legislation, and which does not participate in, or
2241	intervene in (including the publishing or distributing of
2242	statements), any political campaign on behalf of any candidate
2243	for public office, except as provided in paragraph (c).
2244	8. Service with respect to which unemployment compensation
2245	is payable under an unemployment compensation system established
2246	by an Act of Congress.
2247	9.a. Service performed in any calendar quarter in the
2248	employ of any organization exempt from income tax under s.
2249	501(a) of the Internal Revenue Code, other than an organization
2250	described in s. 401(a), or under s. 521, if the remuneration for
2251	such service is less than $50.
2252	b. Service performed in the employ of a school, college,
2253	or university, if such service is performed by a student who is
2254	enrolled and is regularly attending classes at such school,
2255	college, or university.
2256	10. Service performed in the employ of a foreign
2257	government, including service as a consular or other officer or
2258	employee of a nondiplomatic representative.
2259	11. Service performed in the employ of an instrumentality
2260	wholly owned by a foreign government:
2261	a. If the service is of a character similar to that
2262	performed in foreign countries by employees of the United States
2263	Government or of an instrumentality thereof; and
2264	b. The Secretary of State shall certify to the Secretary
2265	of the Treasury that the foreign government, with respect to
2266	whose instrumentality exemption is claimed, grants an equivalent
2267	exemption with respect to similar service performed in the
2268	foreign country by employees of the United States Government and
2269	of instrumentalities thereof.
2270	12. Service performed as a student nurse in the employ of
2271	a hospital or a nurses' training school by an individual who is
2272	enrolled and is regularly attending classes in a nurses'
2273	training school chartered or approved pursuant to a state law;
2274	service performed as an intern in the employ of a hospital by an
2275	individual who has completed a 4-year course in a medical school
2276	chartered or approved pursuant to state law; and service
2277	performed by a patient of a hospital for such hospital.
2278	13. Service performed by an individual for a person as an
2279	insurance agent or as an insurance solicitor, if all such
2280	service performed by such individual for such person is
2281	performed for remuneration solely by way of commission, except
2282	for such services performed in accordance with 26 U.S.C.S. s.
2283	3306(c)(7) and (8). For purposes of this subsection, those
2284	benefits excluded from the definition of wages pursuant to
2285	subparagraphs (40)(b)2.-6., inclusive, shall not be considered
2286	remuneration.
2287	14. Service performed by an individual for a person as a
2288	real estate licenseesalesperson or agent, if all such service
2289	performed by such individual for such person is performed for
2290	remuneration solely by way of commission.
2291	15. Service performed by an individual under the age of 18
2292	in the delivery or distribution of newspapers or shopping news,
2293	not including delivery or distribution to any point for
2294	subsequent delivery or distribution.
2295	16. Service covered by an arrangement between the division
2296	and the agency charged with the administration of any other
2297	state or federal unemployment compensation law pursuant to which
2298	all services performed by an individual for an employing unit
2299	during the period covered by such employing unit's duly approved
2300	election are deemed to be performed entirely within such
2301	agency's state or under such federal law.
2302	17. Service performed by an individual who is enrolled at
2303	a nonprofit or public educational institution which normally
2304	maintains a regular faculty and curriculum and normally has a
2305	regularly organized body of students in attendance at the place
2306	where its educational activities are carried on as a student in
2307	a full-time program, taken for credit at such institution, which
2308	combines academic instruction with work experience, if such
2309	service is an integral part of such program, and such
2310	institution has so certified to the employer, except that this
2311	subparagraph does not apply to service performed in a program
2312	established for or on behalf of an employer or group of
2313	employers.
2314	18. Service performed by an individual for a person as a
2315	barber, if all such service performed by such individual for
2316	such person is performed for remuneration solely by way of
2317	commission.
2318	19. Casual labor not in the course of the employer's trade
2319	or business.
2320	20. Service performed by a speech therapist, occupational
2321	therapist, or physical therapist who is nonsalaried and working
2322	pursuant to a written contract with a home health agency as
2323	defined in s. 400.462.
2324	21. Service performed by a direct seller. For purposes of
2325	this subparagraph, the term "direct seller" means a person:
2326	a.(I) Who is engaged in the trade or business of selling
2327	or soliciting the sale of consumer products to buyers on a buy-
2328	sell basis or a deposit-commission basis, or on any similar
2329	basis, for resale in the home or in any other place that is not
2330	a permanent retail establishment; or
2331	(II) Who is engaged in the trade or business of selling or
2332	soliciting the sale of consumer products in the home or in any
2333	other place that is not a permanent retail establishment;
2334	b. Substantially all of whose remuneration for services
2335	described in sub-subparagraph a., whether or not paid in cash,
2336	is directly related to sales or other output, rather than to the
2337	number of hours worked; and
2338	c. Who performs such services pursuant to a written
2339	contract with the person for whom the services are performed,
2340	which contract provides that the person will not be treated as
2341	an employee with respect to such services for federal tax
2342	purposes.
2343	22. Service performed by a nonresident alien individual
2344	for the period he or she is temporarily present in the United
2345	States as a nonimmigrant under subparagraph (F) or subparagraph
2346	(J) of s. 101(a)(15) of the Immigration and Nationality Act, and
2347	which is performed to carry out the purpose specified in
2348	subparagraph (F) or subparagraph (J), as the case may be.
2349	23. Service performed by an individual for remuneration
2350	for a private, for-profit delivery or messenger service, if the
2351	individual:
2352	a. Is free to accept or reject jobs from the delivery or
2353	messenger service and the delivery or messenger service has no
2354	control over when the individual works;
2355	b. Is remunerated for each delivery, or the remuneration
2356	is based on factors that relate to the work performed, including
2357	receipt of a percentage of any rate schedule;
2358	c. Pays all expenses and the opportunity for profit or
2359	loss rests solely with the individual;
2360	d. Is responsible for operating costs, including fuel,
2361	repairs, supplies, and motor vehicle insurance;
2362	e. Determines the method of performing the service,
2363	including selection of routes and order of deliveries;
2364	f. Is responsible for the completion of a specific job and
2365	is liable for any failure to complete that job;
2366	g. Enters into a contract with the delivery or messenger
2367	service which specifies the relationship of the individual to
2368	the delivery or messenger service to be that of an independent
2369	contractor and not that of an employee; and
2370	h. Provides the vehicle used to perform the service.
2371	24. Service performed in agricultural labor by an
2372	individual who is an alien admitted to the United States to
2373	perform service in agricultural labor pursuant to ss.
2374	101(a)(15)(H) and 214(c) of the Immigration and Nationality Act.
2375	25. Service performed by a person who is an inmate of a
2376	penal institution.
2377	Section 37. Subsection (25) of section 501.604, Florida
2378	Statutes, is amended to read:
2379	501.604 Exemptions.--The provisions of this part, except
2380	ss. 501.608 and 501.616(6) and (7), do not apply to:
2381	(25) A person who is a licensed real estate salesperson or
2382	brokerpursuant to chapter 475 and who is soliciting within the
2383	scope of the chapter.
2384	Section 38. Subsection (4) of section 687.14, Florida
2385	Statutes, is amended to read:
2386	687.14 Definitions.--As used in this act, unless the
2387	context otherwise requires:
2388	(4) "Loan broker" means any person, except any bank or
2389	savings and loan association, trust company, building and loan
2390	association, credit union, consumer finance company, retail
2391	installment sales company, securities broker-dealer, real estate
2392	broker or sales associatesalesperson, attorney, federal Housing
2393	Administration or United States Department of Veterans Affairs
2394	approved lender, credit card company, installment loan licensee,
2395	mortgage broker or lender, or insurance company, provided that
2396	the person excepted is licensed by and subject to regulation or
2397	supervision of any agency of the United States or this state and
2398	is acting within the scope of the license; and also excepting
2399	subsidiaries of licensed or chartered consumer finance
2400	companies, banks, or savings and loan associations; who:
2401	(a) For or in expectation of consideration arranges or
2402	attempts to arrange or offers to fund a loan of money, a credit
2403	card, or a line of credit;
2404	(b) For or in expectation of consideration assists or
2405	advises a borrower in obtaining or attempting to obtain a loan
2406	of money, a credit card, a line of credit, or related guarantee,
2407	enhancement, or collateral of any kind or nature;
2408	(c) Acts for or on behalf of a loan broker for the purpose
2409	of soliciting borrowers; or
2410	(d) Holds herself or himself out as a loan broker.
2411	Section 39. Subsections (1) and (6) of section 721.20,
2412	Florida Statutes, are amended to read:
2413	721.20 Licensing requirements; suspension or revocation of
2414	license; exceptions to applicability; collection of advance fees
2415	for listings unlawful.--
2416	(1) Any seller of a timeshare plan must be a licensed real
2417	estate salesperson, broker, broker associate, or sales associate
2418	broker-salespersonas defined in s. 475.01, except as provided
2419	in s. 475.011.
2420	(6) Notwithstanding the provisions of s. 475.452, it is
2421	unlawful for any real estate broker, broker associate
2422	salesperson, or sales associatebroker-salespersonto collect
2423	any advance fee for the listing of any timeshare estate or
2424	timeshare license.
2425	Section 40. Paragraph (a) of subsection (1) of section
2426	760.29, Florida Statutes, is amended to read:
2427	760.29 Exemptions.--
2428	(1)(a) Nothing in ss. 760.23 and 760.25 applies to:
2429	1. Any single-family house sold or rented by its owner,
2430	provided such private individual owner does not own more than
2431	three single-family houses at any one time. In the case of the
2432	sale of a single-family house by a private individual owner who
2433	does not reside in such house at the time of the sale or who was
2434	not the most recent resident of the house prior to the sale, the
2435	exemption granted by this paragraph applies only with respect to
2436	one sale within any 24-month period. In addition, the bona fide
2437	private individual owner shall not own any interest in, nor
2438	shall there be owned or reserved on his or her behalf, under any
2439	express or voluntary agreement, title to, or any right to all or
2440	a portion of the proceeds from the sale or rental of, more than
2441	three single-family houses at any one time. The sale or rental
2442	of any single-family house shall be excepted from the
2443	application of ss. 760.20-760.37 only if the house is sold or
2444	rented:
2445	a. Without the use in any manner of the sales or rental
2446	facilities or the sales or rental services of any real estate
2447	licenseebroker, agent, or salespersonor such facilities or
2448	services of any person in the business of selling or renting
2449	dwellings, or of any employee or agent of any such licensee
2450	broker, agent, salesperson,or person; and
2451	b. Without the publication, posting, or mailing, after
2452	notice, of any advertisement or written notice in violation of
2453	s. 760.23(3).
2454
2455	Nothing in this provision prohibits the use of attorneys, escrow
2456	agents, abstractors, title companies, and other such
2457	professional assistance as is necessary to perfect or transfer
2458	the title.
2459	2. Rooms or units in dwellings containing living quarters
2460	occupied or intended to be occupied by no more than four
2461	families living independently of each other, if the owner
2462	actually maintains and occupies one of such living quarters as
2463	his or her residence.
2464	Section 41. This act shall take effect July 1, 2003.