HB 0577 2004
1	A bill to be entitled
2	An act relating to real estate brokers, salespersons, and
3	schools; amending s. 475.011, F.S., relating to exemptions
4	from applicability of pt. I, ch. 475; revising an
5	exemption to authorize payment of certain finder's fees or
6	referral fees to unlicensed persons who are tenants in
7	apartment communities; providing an exemption to authorize
8	certain compensation of certified leasing professionals
9	who are onsite employees at apartment communities;
10	providing supervision and certification requirements;
11	providing penalties; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1. Subsection (13) of section 475.011, Florida
16	Statutes, is amended to read:
17	475.011 Exemptions.--This part does not apply to:
18	(13)(a)Any property management firm or any owner of an
19	apartment community complexfor the act of paying a finder's fee
20	or referral fee to an unlicensed person who is a tenant in such
21	apartment community, complexprovided the value of the fee does
22	not exceed $50 per transaction. Nothing in this paragraph
23	subsectionauthorizes an unlicensed person to advertise or
24	otherwise promote the person's services in procuring or
25	assisting in procuring prospective lessees or tenants of
26	apartment units. For purposes of this paragraph subsection,
27	"finder's fee" or "referral fee" means a fee paid, credit
28	towards rent, or some other thing of value provided to a person
29	for introducing or arranging an introduction between parties to
30	a transaction involving the rental or lease of an apartment
31	unit.
32	(b) Any owner or manager of an apartment community for the
33	act of paying compensation to an onsite employee for leasing or
34	renting apartments, provided the value of the compensation does
35	not exceed $100 per transaction and the employee is a certified
36	leasing professional who is supervised by a Florida-licensed
37	broker or employed and supervised directly by the property
38	owner. For purposes of this paragraph, a "certified leasing
39	professional" is a person who successfully completes a
40	nationally recognized educational and certification program for
41	leasing professionals. The educational courses necessary to
42	achieve certification shall be administered by a local affiliate
43	of a national not-for-profit association that has been providing
44	specialized education for multihousing leasing professionals for
45	at least 10 consecutive years or by a school holding a permit
46	pursuant to s. 475.451. The program must include the study of
47	compliance with the federal Civil Rights Act, Fair Housing Act,
48	Americans With Disabilities Act, Equal Credit Opportunity Act,
49	and Fair Credit Reporting Act, federal rental policies and
50	procedures, and chapter 83, Florida's landlord-tenant law. The
51	program must be at least 30 hours in length and require annual
52	continuing education. A property management firm or owner must
53	maintain evidence of certification of any employee who is paid
54	compensation in accordance with this paragraph on the property
55	at which the employee is leasing or renting apartments.
56
57	It is a violation of s. 455.228, with respect to an unlicensed
58	person or entity, and punishable thereunder, or ofs.
59	475.25(1)(h), with respect to a licensee, permittee, or
60	registrant, and punishable under s. 475.42,for a property
61	management firm or any owner of an apartment community complex
62	to pay a finder's fee, or a referral fee, or compensation based
63	on any lease or rental transaction subject to this chapterto an
64	unlicensed person or entityunless expressly authorized by this
65	subsection.
66	Section 2. This act shall take effect upon becoming a law.