Florida Statute 475.001 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 475
REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS

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F.S. 475.001

475.001 Purpose.—The Legislature deems it necessary in the interest of the public welfare to regulate real estate brokers, sales associates, and schools in this state.

History.—ss. 1, 42, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 28, 30, ch. 88-20; s. 10, ch. 91-89; s. 4, ch. 91-429; s. 1, ch. 93-261; s. 13, ch. 2000-332; s. 21, ch. 2003-164.

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Amendments to 475.001

Annotations, Discussions, Cases:

Cases Citing Statute 475.001

Total Results: 71

Linville v. Ginn Real Estate Co., LLC

697 F. Supp. 2d 1302, 2010 U.S. Dist. LEXIS 36897, 2010 WL 1063704

District Court, M.D. Florida | Filed: Mar 10, 2010 | Docket: 2182297

Cited 28 times | Published

professional negligence under Florida Statute § 475.01(1)(a) (Count IX); (10) damages as a result of

Alligood v. Florida Real Estate Commission

156 So. 2d 705

District Court of Appeal of Florida | Filed: Oct 4, 1963 | Docket: 446137

Cited 19 times | Published

Corporation) within the intent and meaning of section 475.01, Florida Statutes [F.S.A.]." No error has been

Keyes Co. v. Dade County Bar Ass'n

46 So. 2d 605, 1950 Fla. LEXIS 924

Supreme Court of Florida | Filed: May 9, 1950 | Docket: 1227714

Cited 16 times | Published

very outset we should turn to paragraph two of Section 475.01, Florida Statutes, 1941, and F.S.A. (the Real

Ammerman v. Markham

222 So. 2d 423

Supreme Court of Florida | Filed: May 7, 1969 | Docket: 1774311

Cited 15 times | Published

purposes of the housing authorities law; Fla. Stat., § 475.01(11), F.S.A. defines "real property" for the purposes

Pedro Realty Inc. v. Silva

399 So. 2d 367

District Court of Appeal of Florida | Filed: Apr 28, 1981 | Docket: 1652339

Cited 14 times | Published

Pedro Realty may not consistently admit under Section 475.01, Florida Statutes (1980 Supp.)[2] that the

Holiday Out in America at St. Lucie, Inc. v. Bowes

285 So. 2d 63, 1973 Fla. App. LEXIS 6358

District Court of Appeal of Florida | Filed: Nov 16, 1973 | Docket: 1743907

Cited 13 times | Published

exceptions onto the rather plain language of F.S. Section 475.01, F.S.A. Florida Real Estate Commission v. McGregor

Read v. Taylor

832 So. 2d 219, 27 Fla. L. Weekly Fed. D 2584

District Court of Appeal of Florida | Filed: Dec 4, 2002 | Docket: 1336232

Cited 12 times | Published

in a fiduciary capacity or as a single agent." § 475.01(1)(m), Fla. Stat. (1997). The Brokerage Relationship

Resort Timeshare Resales, Inc. v. Stuart

764 F. Supp. 1495, 1991 U.S. Dist. LEXIS 7122, 1991 WL 87212

District Court, S.D. Florida | Filed: May 21, 1991 | Docket: 2174235

Cited 12 times | Published

sued to challenge the constitutionality of Section 475.01(1)(c), Florida Statutes, which, pursuant to

Florida Real Estate Commission v. McGregor

336 So. 2d 1156, 1976 Fla. LEXIS 4482

Supreme Court of Florida | Filed: Jul 30, 1976 | Docket: 2448466

Cited 11 times | Published

initially and directly passed upon the validity of Section 475.01(2), Florida Statutes,[1] by holding that such

Pokress v. Tisch Florida Properties, Inc.

153 So. 2d 346

District Court of Appeal of Florida | Filed: May 14, 1963 | Docket: 2507137

Cited 11 times | Published

here. On the other hand, appellees maintain that § 475.01, Fla. Stat., F.S.A.,[1] taken into conjunction

Bradley v. Banks

260 So. 2d 256

District Court of Appeal of Florida | Filed: Apr 4, 1972 | Docket: 1459301

Cited 10 times | Published

act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall

Harris v. Florida Real Estate Com'n

358 So. 2d 1123

District Court of Appeal of Florida | Filed: May 5, 1978 | Docket: 1311952

Cited 9 times | Published

registration list is purely ministerial. Florida Statute § 475.01(4) requires the Commission keep a registration

Munch v. DEPT. OF PRO. REGULATION

592 So. 2d 1136, 1992 WL 859

District Court of Appeal of Florida | Filed: Jan 2, 1992 | Docket: 1429445

Cited 8 times | Published

" the hearing officer initially notes that Section 475.01(1)(c), Florida Statutes, includes in the definition

Florida Real Estate Commission v. McGregor

268 So. 2d 529, 1972 Fla. LEXIS 3277

Supreme Court of Florida | Filed: Nov 1, 1972 | Docket: 1476998

Cited 8 times | Published

and Bigsby and Bullara are in violation of Section 475.01(2), Florida Statutes, F.S.A., since they are

Florida Boca Raton Hous. Ass'n, Inc. v. Marqusee Assoc. of Fla., Inc.

177 So. 2d 370

District Court of Appeal of Florida | Filed: Jul 13, 1965 | Docket: 1373403

Cited 6 times | Published

act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall

Shochet Securities, Inc. v. First Union Corp.

663 F. Supp. 1035, 1987 U.S. Dist. LEXIS 6005

District Court, S.D. Florida | Filed: Jul 6, 1987 | Docket: 879749

Cited 5 times | Published

licensed real estate broker under Chapter 475. Section 475.01(3) defines a "broker" as one who engages in

Trafalgar Developers, Ltd. v. GENEVA INVEST. LTD.

285 So. 2d 593, 1973 Fla. LEXIS 4244

Supreme Court of Florida | Filed: Nov 14, 1973 | Docket: 1491141

Cited 5 times | Published

act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall

GENEVA INVEST., LTD. v. Trafalgar Developers, Ltd.

274 So. 2d 581, 80 A.L.R. 3d 313

District Court of Appeal of Florida | Filed: Feb 27, 1973 | Docket: 2218081

Cited 5 times | Published

act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall

Paris v. Hilton

352 So. 2d 534

District Court of Appeal of Florida | Filed: Nov 18, 1977 | Docket: 1681744

Cited 4 times | Published

Paris clearly fall within the provisions of Section 475.01(2), Florida Statutes, as being duties to be

Kagan v. Garfinkle

312 So. 2d 778

District Court of Appeal of Florida | Filed: May 13, 1975 | Docket: 1412530

Cited 4 times | Published

act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall

Jezek v. Vordemaier

227 So. 2d 69

District Court of Appeal of Florida | Filed: Oct 10, 1969 | Docket: 1390697

Cited 4 times | Published

months of its expiration date as required by Section 475.01(4), F.S. 1967, F.S.A., and the Commission's

In Re Vilsack

356 B.R. 546

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 18, 2006 | Docket: 1808799

Cited 3 times | Published

compensation for any act or service enumerated in § 475.01(3) is valid unless the broker or sales associate

Hardcastle Pointe Corp. v. Cohen

505 So. 2d 1381, 12 Fla. L. Weekly 1092, 1987 Fla. App. LEXIS 7843

District Court of Appeal of Florida | Filed: Apr 22, 1987 | Docket: 1455397

Cited 3 times | Published

Statutes. It is clear from the language of section 475.01(1)(c) and (d) that Cohen's services for site

DEPT. OF BUSINESS REG. v. Smith

471 So. 2d 138

District Court of Appeal of Florida | Filed: Jun 7, 1985 | Docket: 1397326

Cited 3 times | Published

sale of real estate in Florida. Prior to 1979, section 475.01(2) required that all employees of a corporation

Combe v. Flocar Investment Group Corp.

977 F. Supp. 2d 1301, 2013 WL 5568726, 2013 U.S. Dist. LEXIS 147274

District Court, S.D. Florida | Filed: Oct 9, 2013 | Docket: 65994832

Cited 2 times | Published

brokers, sales associates, and schools.” Fla. Stat. § 475.001. To establish a general fiduciary relationship

Sellars v. FLORIDA REAL ESTATE COM'N

380 So. 2d 1052

District Court of Appeal of Florida | Filed: Mar 28, 1980 | Docket: 1402431

Cited 2 times | Published

set out in a rather less convenient form by section 475.01(2), Florida Statutes (1978 Supp.). That section

First Equity Corp. v. RIVERSIDE REAL ESTATE INV. TR.

307 So. 2d 866

District Court of Appeal of Florida | Filed: Feb 4, 1975 | Docket: 1335551

Cited 2 times | Published

its services were not within those stated in § 475.01(2), Fla. Stat., F.S.A., for which one is there

Willner v. Wilder

280 So. 2d 1

District Court of Appeal of Florida | Filed: Jun 19, 1973 | Docket: 1687459

Cited 2 times | Published

act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall

State v. Florida Real Estate Commission

99 So. 2d 582

Supreme Court of Florida | Filed: Dec 20, 1957 | Docket: 1568285

Cited 2 times | Published

Mr. Justice Terrell in the Keyes case that "Section 475.01(2) of the Act [defining the field of operation

Harrell v. Wood & Associates of America, Inc. (In Re Harrell)

351 B.R. 221

United States Bankruptcy Court, M.D. Florida | Filed: Jan 3, 2009 | Docket: 1378874

Cited 1 times | Published

directly or indirectly therefor. . . . FLA. STAT., Section 475.01(1)(a) (2003). Furthermore, the "Brokerage Relationship

METEOR MOTORS v. Thompson Halbach & Assocs.

914 So. 2d 479, 2005 WL 2861538

District Court of Appeal of Florida | Filed: Nov 2, 2005 | Docket: 1781822

Cited 1 times | Published

`person' as intended by § 475.01." The trial court also observed that section 475.001 spoke of real estate

Schickedanz Bros.-Riviera, Ltd. v. Harris

800 So. 2d 608, 26 Fla. L. Weekly Supp. 765, 2001 Fla. LEXIS 2269, 2001 WL 1422916

Supreme Court of Florida | Filed: Nov 15, 2001 | Docket: 64810370

Cited 1 times | Published

connection with a real estate brokerage transaction. Section 475.01(c) and (d), Florida Statutes (1993) [Note 2]

Harris v. Schickedanz Bros.-Riviera Ltd.

746 So. 2d 1152, 1999 WL 1037950

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 1360563

Cited 1 times | Published

connection with a real estate brokerage transaction. Section 475.01(c) and (d), Florida Statutes (1993)[2] (now

In re Mickler

58 B.R. 270, 1986 Bankr. LEXIS 6716

United States Bankruptcy Court, M.D. Florida | Filed: Feb 11, 1986 | Docket: 65779117

Cited 1 times | Published

independent contractor, i.e. a broker. Fla. Stat. „ § 475.01(1)(e) defines “broker-salesman” as follows: (e)

Florida Real Estate Commission v. Johnson

362 So. 2d 674

Supreme Court of Florida | Filed: Sep 7, 1978 | Docket: 1362886

Cited 1 times | Published

County declared the "one officer" limitation of Section 475.01(2), *675 Florida Statutes (1975), to be violative

Morgan v. Glassman

285 So. 2d 673, 1973 Fla. App. LEXIS 6426

District Court of Appeal of Florida | Filed: Oct 16, 1973 | Docket: 64535672

Cited 1 times | Published

person, according to the language of Fla.Stat. § 475.01(2), F.S.A. agrees to “take any part in the procuring

Newcomer v. Rizzo

163 So. 2d 312, 8 A.L.R. 3d 516, 1964 Fla. App. LEXIS 4720

District Court of Appeal of Florida | Filed: Apr 14, 1964 | Docket: 60221229

Cited 1 times | Published

act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall

Beachway Restaurants 2 and James Wigg v. Santo & June, Inc.

District Court of Appeal of Florida | Filed: May 29, 2024 | Docket: 68301810

Published

of limitations has run in accordance with Fla. Stat. 475.01(1)(a) and Fla. Stat. 95.11(4)(a).” On

Serefex Corp. v. Hickman Holdings, Lp

695 F. Supp. 2d 1331, 2010 U.S. Dist. LEXIS 15707, 2010 WL 672772

District Court, M.D. Florida | Filed: Feb 23, 2010 | Docket: 2230906

Published

compensation for any act or service enumerated in § 475.01(3) is valid unless the broker or sales associate

Serefex Corp. v. Hickman Holdings, Lp

695 F. Supp. 2d 1331, 2010 U.S. Dist. LEXIS 15707, 2010 WL 672772

District Court, M.D. Florida | Filed: Feb 23, 2010 | Docket: 2230906

Published

compensation for any act or service enumerated in § 475.01(3) is valid unless the broker or sales associate

Boone v. Pelican Real Estate & Development Co.

13 So. 3d 528, 2009 Fla. App. LEXIS 8510, 2009 WL 1856551

District Court of Appeal of Florida | Filed: Jun 30, 2009 | Docket: 60237606

Published

This is an agency relationship pursuant to section 475.01(l)(j), Florida Statutes (2003), and, in the

Panton & Co. Realty, Inc. v. Wood

958 So. 2d 541, 2007 Fla. App. LEXIS 9198, 2007 WL 1687759

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 64851040

Published

compensation for any act or service enumerated in § 475.01(3) is valid unless the broker or sales associate

Bakst v. O'Connor & Taylor Development Corp.

356 B.R. 546, 20 Fla. L. Weekly Fed. B 73, 2006 Bankr. LEXIS 3262

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 18, 2006 | Docket: 65783178

Published

compensation for any act or service enumerated in § 475.01(3) is valid unless the broker or sales associate

Bockar v. Sakolsky

592 So. 2d 251, 1991 Fla. App. LEXIS 6829, 1991 WL 128322

District Court of Appeal of Florida | Filed: Jul 16, 1991 | Docket: 64664532

Published

brokers, salesmen, and schools in this state. § 475.001, Fla.Stat. (1989). [Emphasis added]. It is generally

Central Florida Investments, Inc. v. Kott

579 So. 2d 750, 1991 Fla. App. LEXIS 3328, 1991 WL 50596

District Court of Appeal of Florida | Filed: Apr 11, 1991 | Docket: 64658783

Published

Bettie Siegel, were so licensed. Kott urges that section 475.01(3), Florida Statutes precludes entitlement

Revac, S.A. v. Arthur V. Woodward, P.A.

550 So. 2d 3, 14 Fla. L. Weekly 1254, 1989 Fla. App. LEXIS 2877, 1989 WL 52137

District Court of Appeal of Florida | Filed: May 19, 1989 | Docket: 64645461

Published

enumerated in section 475.01(3), unless the broker is licensed in Florida. Section 475.01(3) provides a

Marks v. M.S.F. Management Corp.

540 So. 2d 138, 14 Fla. L. Weekly 584, 1989 Fla. App. LEXIS 1052, 1989 WL 16667

District Court of Appeal of Florida | Filed: Mar 2, 1989 | Docket: 64641132

Published

enterprises fall within the purview of Chapter 475. See § 475.01(1)(c), Fla.Stat. (Supp. 1988). Prior to 1983,

Bergin v. Kickliter

538 So. 2d 950, 14 Fla. L. Weekly 501, 1989 Fla. App. LEXIS 763, 1989 WL 11949

District Court of Appeal of Florida | Filed: Feb 15, 1989 | Docket: 64640633

Published

both a broker and a salesman at the same time. Section 475.01(1)(e), Florida Statutes (1987) defines “broker-salesman”

Modern Realty of Missouri, Inc. v. Shivers & Associates, Inc.

705 F. Supp. 556, 1989 U.S. Dist. LEXIS 1163, 1989 WL 6687

District Court, S.D. Florida | Filed: Jan 30, 1989 | Docket: 66177945

Published

practitioners.” See, Mona, 88 B.R. at 297 and Fla.Stat. § 475.001 (footnote 3, supra). Here, the Defendants have

Previews, Inc. v. Murff

502 So. 2d 1317, 12 Fla. L. Weekly 607, 1987 Fla. App. LEXIS 6902

District Court of Appeal of Florida | Filed: Feb 24, 1987 | Docket: 64625264

Published

activities in this State within the meaning of Section 475.01(l)(c). Inasmuch as Eberhardt's activities were

Global Resorts, Inc. v. Famille, Inc.

478 So. 2d 1179, 10 Fla. L. Weekly 2628, 1985 Fla. App. LEXIS 16980

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 64615744

Published

Leedco acted as a “broker” within the meaning of section 475.01(l)(c), Florida Statutes (1983). Global argues

Baker v. Peddie

467 So. 2d 821, 10 Fla. L. Weekly 1059, 1985 Fla. App. LEXIS 13730

District Court of Appeal of Florida | Filed: Apr 25, 1985 | Docket: 64611501

Published

Clark were those of real estate brokers under section 475.01(3), Florida Statutes, and that since Peddie

I.M.I. Enterprises, Inc. v. Sally B. Renard, Inc.

445 So. 2d 1056, 1984 Fla. App. LEXIS 11724

District Court of Appeal of Florida | Filed: Feb 7, 1984 | Docket: 64603128

Published

Line Railroad, 362 So.2d 45 (Fla. 2d DCA 1978); § 475.01(3), Fla.Stat. (1981).

Winchester v. Amrhein-Hatcher, Inc.

436 So. 2d 274, 1983 Fla. App. LEXIS 22670

District Court of Appeal of Florida | Filed: Jul 27, 1983 | Docket: 64599050

Published

Associate Judge, concur. . Section 475.01(c) replaces Section 475.01(3) effective July 1, 1982.

Ago

Florida Attorney General Reports | Filed: Oct 14, 1982 | Docket: 3257456

Published

leases, or interest therein . . . .' Section 475.01(3), F.S. Section 475.01(4) defines `salesman' to mean a

Trum Corp. v. Satterfield

421 So. 2d 608, 1982 Fla. App. LEXIS 22072

District Court of Appeal of Florida | Filed: Oct 13, 1982 | Docket: 64593114

Published

acts and services enumerated in Section 475.01(2). Since Section 475.01(2) mentions the agreement to do

Fuller v. Alberts

382 So. 2d 113, 1980 Fla. App. LEXIS 15794

District Court of Appeal of Florida | Filed: Mar 26, 1980 | Docket: 64575463

Published

that of a real estate salesman or broker under Section 475.01(2), Florida Statutes (1977). That section provides

Rizzo v. Schwebke

348 So. 2d 1180, 1977 Fla. App. LEXIS 16414

District Court of Appeal of Florida | Filed: Jul 12, 1977 | Docket: 64559762

Published

1975), and cases cited therein. Affirmed. . Section 475.01(2), Florida Statutes, provides in pertinent

Rifkin v. Florida Real Estate Commission

345 So. 2d 349

District Court of Appeal of Florida | Filed: Apr 1, 1977 | Docket: 64558342

Published

a licensed real estate broker or salesman; Section 475.01(2), Florida Statutes. The Commission also charged

Lobato v. State

336 So. 2d 405, 1976 Fla. App. LEXIS 15309

District Court of Appeal of Florida | Filed: Aug 18, 1976 | Docket: 64554749

Published

initially and directly passed upon the validity of Section 475.-01(2), Florida Statutes, by holding that such

Dunser v. Carter

334 So. 2d 95, 1976 Fla. App. LEXIS 14567

District Court of Appeal of Florida | Filed: Jun 15, 1976 | Docket: 64554222

Published

his own property under the exception set out in § 475.01, Fla.Stat. We note that this was not alleged in

Ago

Florida Attorney General Reports | Filed: Feb 27, 1976 | Docket: 3258307

Published

assignment of real property or an interest therein. Section 475.01(11). The activities the commission is granted

Rockmatt Corp. v. Ehrlich

294 So. 2d 412, 1974 Fla. App. LEXIS 7255

District Court of Appeal of Florida | Filed: Apr 30, 1974 | Docket: 64538860

Published

calculation of the broker’s commission. See Fla.Stat. § 475.01, F.S.A. See also Community Cablecasting Corporation

Florida Real Estate Commission v. Spieler

287 So. 2d 701, 1973 Fla. App. LEXIS 6226

District Court of Appeal of Florida | Filed: Dec 21, 1973 | Docket: 64536461

Published

acts relating to real estate as contained in § 475.01(2) Fla.Stat, F.S.A., but that a practicing lawyer

Florida Real Estate Commission v. McGregor

254 So. 2d 566, 1971 Fla. App. LEXIS 5772

District Court of Appeal of Florida | Filed: Nov 12, 1971 | Docket: 64523104

Published

the statute as the “Real Estate License Law”, F.S. 475.01(1), F.S.A. The purpose of the law is “ ‘to protect

Florida Real Estate Commission v. Williams

240 So. 2d 304, 1970 Fla. LEXIS 2352

Supreme Court of Florida | Filed: Sep 23, 1970 | Docket: 64517039

Published

structured its opinion upon the wording of Section 475.01(2), which reads: “Every person who shall, in

Williams v. Florida Real Estate Commission

232 So. 2d 239, 1970 Fla. App. LEXIS 6793

District Court of Appeal of Florida | Filed: Jan 21, 1970 | Docket: 64513488

Published

more particularly described in subsection (2) of § 475.01, whether such property is owned, or purported

Outland v. Wood

224 So. 2d 352, 1969 Fla. App. LEXIS 5494

District Court of Appeal of Florida | Filed: Jun 27, 1969 | Docket: 64510433

Published

ap-pellees on the ground that Florida Statutes § 475.01 (1967), F.S.A. precludes recovery by an unlicensed

Kozerowitz v. Stack

219 So. 2d 469, 1968 Fla. App. LEXIS 4608

District Court of Appeal of Florida | Filed: Oct 29, 1968 | Docket: 64508630

Published

three is based on his contention that because § 475.01 (4) provides that a registration remains in force

Florida Real Estate Commission v. Reliable Rental Agency, Inc.

209 So. 2d 675, 1968 Fla. App. LEXIS 5660

District Court of Appeal of Florida | Filed: Apr 9, 1968 | Docket: 64505023

Published

commission then took this appeal. Subsection 2 of section 475.01 Fla.Stat., F.S.A, provides in pertinent part

Courshon v. Tobin

148 So. 2d 285

District Court of Appeal of Florida | Filed: Jan 8, 1963 | Docket: 60209184

Published

475, Fla.Stat., F.S.A., to the case at bar. Section 475.01(2), Fla.Stat., F.S.A., in pertinent part, reads