Senate Bill sb1746

    Florida Senate - 2004                                  SB 1746

    By Senator Campbell





    32-1115-04                                          See HB 577

  1                      A bill to be entitled

  2         An act relating to real estate brokers,

  3         salespersons, and schools; amending s. 475.011,

  4         F.S., relating to exemptions from applicability

  5         of pt. I, ch. 475, F.S.; revising an exemption

  6         to authorize payment of certain finder's fees

  7         or referral fees to unlicensed persons who are

  8         tenants in apartment communities; providing an

  9         exemption to authorize certain compensation of

10         certified leasing professionals who are onsite

11         employees at apartment communities; providing

12         supervision and certification requirements;

13         providing penalties; providing an effective

14         date.

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

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18         Section 1.  Subsection (13) of section 475.011, Florida

19  Statutes, is amended to read:

20         475.011  Exemptions.--This part does not apply to:

21         (13)(a)  Any property management firm or any owner of

22  an apartment community complex for the act of paying a

23  finder's fee or referral fee to an unlicensed person who is a

24  tenant in such apartment community, complex provided the value

25  of the fee does not exceed $50 per transaction. Nothing in

26  this paragraph subsection authorizes an unlicensed person to

27  advertise or otherwise promote the person's services in

28  procuring or assisting in procuring prospective lessees or

29  tenants of apartment units. For purposes of this paragraph

30  subsection, "finder's fee" or "referral fee" means a fee paid,

31  credit towards rent, or some other thing of value provided to

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






    Florida Senate - 2004                                  SB 1746
    32-1115-04                                          See HB 577




 1  a person for introducing or arranging an introduction between

 2  parties to a transaction involving the rental or lease of an

 3  apartment unit.

 4         (b)  Any owner or manager of an apartment community for

 5  the act of paying compensation to an onsite employee for

 6  leasing or renting apartments, provided the value of the

 7  compensation does not exceed $100 per transaction and the

 8  employee is a certified leasing professional who is supervised

 9  by a Florida-licensed broker or employed and supervised

10  directly by the property owner. For purposes of this

11  paragraph, a "certified leasing professional" is a person who

12  successfully completes a nationally recognized educational and

13  certification program for leasing professionals. The

14  educational courses necessary to achieve certification shall

15  be administered by a local affiliate of a national

16  not-for-profit association that has been providing specialized

17  education for multihousing leasing professionals for at least

18  10 consecutive years or by a school holding a permit pursuant

19  to s. 475.451. The program must include the study of

20  compliance with the federal Civil Rights Act, Fair Housing

21  Act, Americans With Disabilities Act, Equal Credit Opportunity

22  Act, and Fair Credit Reporting Act, federal rental policies

23  and procedures, and chapter 83, Florida's landlord-tenant law.

24  The program must be at least 30 hours in length and require

25  annual continuing education. A property management firm or

26  owner must maintain evidence of certification of any employee

27  who is paid compensation in accordance with this paragraph on

28  the property at which the employee is leasing or renting

29  apartments.

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






    Florida Senate - 2004                                  SB 1746
    32-1115-04                                          See HB 577




 1  It is a violation of s. 455.228, with respect to an unlicensed

 2  person or entity, and punishable thereunder, or of s.

 3  475.25(1)(h), with respect to a licensee, permittee, or

 4  registrant, and punishable under s. 475.42, for a property

 5  management firm or any owner of an apartment community complex

 6  to pay a finder's fee, or a referral fee, or compensation

 7  based on any lease or rental transaction subject to this

 8  chapter to an unlicensed person or entity unless expressly

 9  authorized by this subsection.

10         Section 2.  This act shall take effect upon becoming a

11  law.

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