Florida Statute 475.01 | Lawyer Caselaw & Research

The 2024 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. 475.01

475.01 Definitions.—

(1) As used in this part:

(a) “Broker” means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or lists. A broker renders a professional service and is a professional within the meaning of s. 95.11(5)(b). Where the term “appraise” or “appraising” appears in the definition of the term “broker,” it specifically excludes those appraisal services which must be performed only by a state-licensed or state-certified appraiser, and those appraisal services which may be performed by a registered trainee appraiser as defined in part II. The term “broker” also includes any person who is a general partner, officer, or director of a partnership or corporation which acts as a broker. The term “broker” also includes any person or entity who undertakes to list or sell one or more timeshare periods per year in one or more timeshare plans on behalf of any number of persons, except as provided in ss. 475.011 and 721.20.

(b) “Broker associate” means a person who is qualified to be issued a license as a broker but who operates as a sales associate in the employ of another.

(d) “Customer” means a member of the public who is or may be a buyer or seller of real property and may or may not be represented by a real estate licensee in an authorized brokerage relationship.

(e) “Department” means the Department of Business and Professional Regulation.

(f) “Fiduciary” means a broker in a relationship of trust and confidence between that broker as agent and the seller or buyer as principal. The duties of the broker as a fiduciary are loyalty, confidentiality, obedience, full disclosure, and accounting and the duty to use skill, care, and diligence.

(g) “Involuntarily inactive status” means the licensure status that results when a license is not renewed at the end of the license period prescribed by the department.

(h) “Principal” means the party with whom a real estate licensee has entered into a single agent relationship.

(i) “Real property” or “real estate” means any interest or estate in land and any interest in business enterprises or business opportunities, including any assignment, leasehold, subleasehold, or mineral right; however, the term does not include any cemetery lot or right of burial in any cemetery; nor does the term include the renting of a mobile home lot or recreational vehicle lot in a mobile home park or travel park.

(j) “Sales associate” means a person who performs any act specified in the definition of “broker,” but who performs such act under the direction, control, or management of another person. A sales associate renders a professional service and is a professional within the meaning of s. 95.11(5)(b).

(k) “Single agent” means a broker who represents, as a fiduciary, either the buyer or seller but not both in the same transaction.

(l) “Transaction broker” means a broker who provides limited representation to a buyer, a seller, or both, in a real estate transaction, but does not represent either in a fiduciary capacity or as a single agent. In a transaction broker relationship, a buyer or seller is not responsible for the acts of a licensee. Additionally, the parties to a real estate transaction are giving up their rights to the undivided loyalty of a licensee. This aspect of limited representation allows a licensee to facilitate a real estate transaction by assisting both the buyer and the seller, but a licensee will not work to represent one party to the detriment of the other party when acting as a transaction broker to both parties.

(m) “Voluntarily inactive status” means the licensure status that results when a licensee has applied to the department to be placed on inactive status and has paid the fee prescribed by rule.

(2) The terms “employ,” “employment,” “employer,” and “employee,” when used in this chapter and in rules adopted pursuant thereto to describe the relationship between a broker and a sales associate, include an independent contractor relationship when such relationship is intended by and established between a broker and a sales associate. The existence of such relationship shall not relieve either the broker or the sales associate of her or his duties, obligations, or responsibilities under this chapter.

(3) Wherever the word “operate” or “operating” as a broker, broker associate, or sales associate appears in this chapter; in any order, rule, or regulation of the commission; in any pleading, indictment, or information under this chapter; in any court action or proceeding; or in any order or judgment of a court, it shall be deemed to mean the commission of one or more acts described in this chapter as constituting or defining a broker, broker associate, or sales associate, not including, however, any of the exceptions stated therein. A single such act is sufficient to bring a person within the meaning of this chapter, and each act, if prohibited herein, constitutes a separate offense.

(4) A broker acting as a trustee of a trust created under chapter 689 is subject to the provisions of this chapter unless the trustee is a bank, state or federal association, or trust company possessing trust powers as defined in s. 658.12.

History.—s. 1, ch. 12223, 1927; CGL 4062; s. 1, ch. 29983, 1955; s. 1, ch. 59-199; s. 1, ch. 59-197; s. 1, ch. 59-438; ss. 30, 35, ch. 69-106; s. 1, ch. 75-112; s. 7, ch. 75-184; s. 3, ch. 76-168; s. 1, ch. 77-239; s. 1, ch. 77-355; s. 1, ch. 77-457; s. 1, ch. 78-215; s. 1, ch. 78-366; ss. 2, 42, 43, ch. 79-239; ss. 2, 3, 5, ch. 80-405; ss. 2, 3, ch. 81-318; ss. 5, 38, ch. 82-1; ss. 18, 45, ch. 82-179; ss. 1, 28, 30, ch. 88-20; s. 1, ch. 89-368; s. 10, ch. 90-228; s. 10, ch. 90-341; s. 13, ch. 90-345; ss. 2, 10, ch. 91-89; s. 1, ch. 91-289; s. 4, ch. 91-429; s. 2, ch. 93-261; s. 134, ch. 94-119; s. 159, ch. 94-218; s. 1, ch. 94-337; s. 1, ch. 97-42; s. 361, ch. 97-103; s. 1, ch. 98-250; s. 1, ch. 99-384; s. 1, ch. 2002-233; ss. 1, 22, ch. 2003-164; s. 78, ch. 2004-5; s. 2, ch. 2022-178; s. 13, ch. 2023-15; s. 10, ch. 2024-183.

F.S. 475.01 on Google Scholar

F.S. 475.01 on Casetext

Amendments to 475.01

Arrestable Offenses / Crimes under Fla. Stat. 475.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 475.01.

Annotations, Discussions, Cases:

Cases Citing Statute 475.01

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2024-05-29

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

Mills v. Mills

Court: District Court of Appeal of Florida | Date Filed: 2016-04-29

Citation: 192 So. 3d 515, 2016 WL 1718839, 2016 Fla. App. LEXIS 6522

Snippet: charter. This resulted in a net loss of $245,475. 1 Former Wife argued that the net $245

J.B.S. v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-06-25

Citation: 90 So. 3d 961, 2012 WL 2368979, 2012 Fla. App. LEXIS 10147

Snippet: 433(7)(b) applies to proceedings under section 985.475.1 We *968do not have to decide whether section 985

K.J.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-09-30

Citation: 44 So. 3d 1204, 2010 Fla. App. LEXIS 14532

Snippet: equality, or as a result of coercion. ... § 985.475(1). Unlike section 943.0435(l)(a)l.d., this provision

KJF v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-09-30

Citation: 44 So. 3d 1204, 2010 WL 3783340

Snippet: equality, or as a result of coercion.... § 985.475(1). Unlike section 943.0435(1)(a)1.d., this provision

Parks v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-09-03

Citation: 43 So. 3d 858, 2010 Fla. App. LEXIS 12922, 2010 WL 3446170

Snippet: 440 So.2d 409 (Fla. 1st DCA 1983). 763 So.2d at 475.[1] In this case, Appellant's submission did not substantially

Boone v. Pelican Real Estate & Development Co.

Court: District Court of Appeal of Florida | Date Filed: 2009-06-30

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

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

Panton & Co. Realty, Inc. v. Wood

Court: District Court of Appeal of Florida | Date Filed: 2007-06-13

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

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

Phillips v. Hirshon

Court: District Court of Appeal of Florida | Date Filed: 2007-05-02

Citation: 958 So. 2d 425, 2007 WL 1263475

Snippet: of the housing authorities law; Fla. Stat., s. 475.01(11), F.S.A. defines `real property' for the purposes

In Re Amendments to Rules of Juvenile Proc.

Court: Supreme Court of Florida | Date Filed: 2007-02-08

Citation: 951 So. 2d 804, 32 Fla. L. Weekly Supp. 87, 2007 Fla. LEXIS 245, 2007 WL 415377

Snippet: sexual abuse as defined in section 985.03(33)985.475(1), Florida Statutes. *823 Placement in a juvenile

METEOR MOTORS v. Thompson Halbach & Assocs.

Court: District Court of Appeal of Florida | Date Filed: 2005-11-02

Citation: 914 So. 2d 479, 2005 WL 2861538

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

Rotemi Realty, Inc. v. Act Realty Co., Inc.

Court: Supreme Court of Florida | Date Filed: 2005-07-07

Citation: 911 So. 2d 1181, 30 Fla. L. Weekly Supp. 528, 2005 Fla. LEXIS 1461, 2005 WL 1578184

Snippet: body of statutes regulates that profession. §§ 475.001—475.5018, Fla. Stat. (2004). Those statutes impose

Read v. Taylor

Court: District Court of Appeal of Florida | Date Filed: 2002-12-04

Citation: 832 So. 2d 219

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

Schickedanz Bros.-Riviera, Ltd. v. Harris

Court: Supreme Court of Florida | Date Filed: 2001-11-15

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

Snippet: sales or brokerage services as defined in sections 475.01(l)(c) & (d), Florida Statutes (1993).” Id. In so

Amendments to the Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 2000-11-02

Citation: 794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Snippet: by the court. SuehThese circumstances include: *475(1) unexpected illness, unexpected incapacity, or unforeseeable

Harris v. Schickedanz Bros.-Riviera Ltd.

Court: District Court of Appeal of Florida | Date Filed: 1999-11-17

Citation: 746 So. 2d 1152, 1999 WL 1037950

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

Wasser v. Department of Business & Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 1998-09-25

Citation: 717 So. 2d 633, 1998 Fla. App. LEXIS 12279, 1998 WL 653603

Snippet: broker in violation of any provision of Chapter 475.1 *634Rather, the instant situation is directly-covered

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-03-07

Snippet: incorporated into this Contract. . . . 2 See, s. 475.001, Fla. Stat. (1995). And see, s. 455.201(2)(a),

Munch v. DEPT. OF PRO. REGULATION

Court: District Court of Appeal of Florida | Date Filed: 1992-01-02

Citation: 592 So. 2d 1136, 1992 WL 859

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

Bockar v. Sakolsky

Court: District Court of Appeal of Florida | Date Filed: 1991-07-16

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

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