Florida Statute 475.011 | 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. 475.011

475.011 Exemptions.—This part does not apply to:

(1) Any person acting as an attorney in fact for the purpose of the execution of contracts or conveyances only; as an attorney at law within the scope of her or his duties as such; as a certified public accountant, as defined in chapter 473, within the scope of her or his duties as such; as the personal representative, receiver, trustee, or general or special magistrate under, or by virtue of, an appointment by will or by order of a court of competent jurisdiction; or as trustee under a deed of trust, or under a trust agreement, the ultimate purpose and intent whereof is charitable, is philanthropic, or provides for those having a natural right to the bounty of the donor or trustor.

(2) Any individual, corporation, partnership, trust, joint venture, or other entity which sells, exchanges, or leases its own real property; however, this exemption shall not be available if and to the extent that an agent, employee, or independent contractor paid a commission or other compensation strictly on a transactional basis is employed to make sales, exchanges, or leases to or with customers in the ordinary course of an owner’s business of selling, exchanging, or leasing real property to the public.

(3) Any employee of a public utility, a rural electric cooperative, a railroad, or a state or local governmental agency who acts within the scope of her or his employment, for which no compensation in addition to the employee’s salary is paid, to buy, sell, appraise, exchange, rent, auction, or lease any real property or any interest in real property for the use of her or his employer.

(4) Any salaried employee of an owner, or of a registered broker for an owner, of an apartment community who works in an onsite rental office of the apartment community in a leasing capacity.

(5) Any person employed for a salary as a manager of a condominium or cooperative apartment complex as a result of any activities or duties which the person may have in relation to the renting of individual units within such condominium or cooperative apartment complex if rentals arranged by the person are for periods no greater than 1 year.

(6) Any person, partnership, corporation, or other legal entity which, for another and for compensation or other valuable consideration, sells, offers to sell, advertises for sale, buys, offers to buy, or negotiates the sale or purchase of radio, television, or cable enterprises licensed and regulated by the Federal Communications Commission pursuant to the Communications Act of 1934. However, if the sale or purchase of the radio, television, or cable enterprise involves the sale or lease of land, buildings, fixtures, and all other improvements to the land, a broker or sales associate licensed under this chapter shall be retained for the portion of the transaction which includes the land, buildings, fixtures, and all other improvements to the land.

(7) Any full-time graduate student who is enrolled in a commission-approved degree program in appraising at a college or university in this state, if the student is acting under the direct supervision of a licensed broker or a licensed or certified appraiser and is engaged only in appraisal activities related to the approved degree program. Any appraisal report by the student must be issued in the name of the supervising individual.

(8)(a) An owner of one or part of one or more timeshare periods for the owner’s own use and occupancy who later offers one or more of such periods for resale.

(b) An exchange company, as that term is defined by s. 721.05(15), but only to the extent that the exchange company is engaged in exchange program activities as described in and is in compliance with s. 721.18.

(9) Any person registered, licensed, or certified by the department under part II as an appraiser or trainee appraiser performing appraisals in accordance with that part.

(10) Any person who appraises under the unit-rule method of valuation a railroad or railroad terminal company assessed for ad valorem tax purposes pursuant to s. 193.085.

(11) Any person, partnership, corporation, or other legal entity which, for another and for compensation or other valuable consideration, rents or advertises for rent, for transient occupancy, any public lodging establishment licensed under chapter 509.

(12) Any dealer registered under the Securities and Exchange Act of 1934, as amended, or any federally insured depository institution and any parent, subsidiary, or affiliate thereof, in connection with the sale, exchange, purchase, or rental of a business enterprise to or by a person who is an accredited investor as defined by 15 U.S.C. s. 77b, the Securities Act of 1933, or any regulation adopted thereunder. This exemption applies whether stock or assets of the business enterprise are purchased or sold. The exemption does not apply to a sale, exchange, purchase, or rental of land, buildings, fixtures or other improvements to the land which is not made in connection with the sale, exchange, purchase, or rental of a business enterprise. Any reference to rental in this subsection includes a lease transaction.

(13) Any property management firm or any owner of an apartment complex for the act of paying a finder’s fee or referral fee to an unlicensed person who is a tenant in such apartment complex provided the value of the fee does not exceed $50 per transaction. Nothing in this subsection authorizes an unlicensed person to advertise or otherwise promote the person’s services in procuring or assisting in procuring prospective lessees or tenants of apartment units. For purposes of this subsection, “finder’s fee” or “referral fee” means a fee paid, credit towards rent, or some other thing of value provided to a person for introducing or arranging an introduction between parties to a transaction involving the rental or lease of an apartment unit. It is a violation of s. 475.25(1)(h) and punishable under s. 475.42 for a property management firm or any owner of an apartment complex to pay a finder’s fee or a referral fee to an unlicensed person unless expressly authorized by this subsection.

History.—ss. 3, 42, ch. 79-239; ss. 1, 5, ch. 80-307; ss. 2, 3, ch. 81-318; ss. 31, 45, ch. 82-179; s. 3, ch. 85-84; ss. 1, 2, ch. 85-215; s. 1, ch. 86-107; s. 1, ch. 87-205; ss. 2, 28, 30, ch. 88-20; s. 2, ch. 89-368; ss. 3, 10, ch. 91-89; s. 2, ch. 91-289; s. 4, ch. 91-429; s. 3, ch. 93-261; s. 135, ch. 94-119; s. 2, ch. 94-337; s. 362, ch. 97-103; s. 2, ch. 98-250; s. 2, ch. 99-384; s. 7, ch. 2001-179; ss. 2, 23, ch. 2003-164; s. 85, ch. 2004-11; s. 33, ch. 2004-279.

F.S. 475.011 on Google Scholar

F.S. 475.011 on Casetext

Amendments to 475.011

Arrestable Offenses / Crimes under Fla. Stat. 475.011

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

S475.011 13 - PUBLIC ORDER CRIMES - VIOL REFERRAL FEE EXEMPTION - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 475.011

Total Results: 18

Schickedanz Bros.-Riviera Ltd. v. Harris

Court: District Court of Appeal of Florida | Date Filed: 2008-11-12

Citation: 996 So. 2d 884, 2008 WL 4862574

Snippet: compensation strictly on a transactional basis...." § 475.011(2), Fla. Stat. While appellants owned the property

Meller v. FLORIDA REAL ESTATE COM'N

Court: District Court of Appeal of Florida | Date Filed: 2005-05-27

Citation: 902 So. 2d 325, 2005 WL 1250217

Snippet: establishment licensed under Chapter 509. See § 475.011(11), Fla. Stat. (2003) (exempting from Part I of

Florida Bar re Advisory Opinion—Nonlawyer Preparation of & Representation of Landlord in Uncontested Residential Evictions

Court: Supreme Court of Florida | Date Filed: 1993-12-02

Citation: 627 So. 2d 485, 18 Fla. L. Weekly Supp. 615, 1993 Fla. LEXIS 1923, 1993 WL 493644

Snippet: section 15, of the Florida Constitution. . See § 475.011(4), (5), Fla.Stat. (1991). . Our original opinion

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: relying on an "exemption" contained in Section 475.011(5), Florida Statutes, as well as upon the argument

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: own real property is exempt from the chapter. § 475.011(2), Fla.Stat. (1989). Most of the parties’ arguments

Erfman v. Department of Professional Regulation

Court: District Court of Appeal of Florida | Date Filed: 1991-04-11

Citation: 577 So. 2d 710, 1991 Fla. App. LEXIS 3299, 1991 WL 50593

Snippet: constitutionality of the 1988 amendment of section 475.-011(5), Florida Statutes by Chapter 88-20, Laws of

Rosenberg v. Kubeck

Court: District Court of Appeal of Florida | Date Filed: 1989-04-19

Citation: 541 So. 2d 788, 14 Fla. L. Weekly 989, 1989 Fla. App. LEXIS 2020, 1989 WL 36275

Snippet: estate, in which it was asserted that section 475.011(2), Florida Statutes (1987), bars Rosenberg’s claim

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

Court: District Court of Appeal of Florida | Date Filed: 1989-03-02

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

Snippet: broker and without concern for Chapter 475. See § 475.011(2), Fla.Stat. (1983);2 Florida Real Estate Commission

Shelomith v. Friedland

Court: District Court of Appeal of Florida | Date Filed: 1987-06-02

Citation: 507 So. 2d 804, 1987 Fla. App. LEXIS 8566

Snippet: Comm’n, 380 So.2d 1052, 1054 (Fla. 1st DCA 1979); § 475.011(2), Fla.Stat. (1985).

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-03-21

Snippet: provided certain persons and entities under s. 475.011(2), F.S., you inquire as to the applicability of

DEPT. OF BUSINESS REG. v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1985-06-07

Citation: 471 So. 2d 138

Snippet: regular-salary basis rather than a commission basis. § 475.011(2), Fla. Stat. (1979).[2] In 1981, the legislature

McIntyre v. Norman

Court: District Court of Appeal of Florida | Date Filed: 1983-04-12

Citation: 429 So. 2d 1296, 1983 Fla. App. LEXIS 19099

Snippet: So.2d 21 (Fla. 2d DCA 1970); Compare, Section 475.011(2) Florida Statutes (1981). As to the impossibility

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-07-08

Snippet: requirements of ch. 475, F.S., are listed in s. 475.011, F.S. (1980 Supp.). Section 475.02, F.S., creates

Sellars v. FLORIDA REAL ESTATE COM'N

Court: District Court of Appeal of Florida | Date Filed: 1980-03-28

Citation: 380 So. 2d 1052

Snippet: so amended the "exemption" section as follows: 475.011 Exemptions. This chapter does not apply to:

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-03-11

Snippet: of the commission." In contrast to the above, s. 475.11, F. S., mandates that all moneys (including license

Russell v. Harwick

Court: District Court of Appeal of Florida | Date Filed: 1964-08-11

Citation: 166 So. 2d 904

Snippet: Crippen v. Pulliam, 1963, 61 Wash.2d 725, 380 P.2d 475. [11] Roberts v. Young, 1963, 369 Mich. 133, 119 N

Fegers Et Vir. v. Pompano Farms, Inc.

Court: Supreme Court of Florida | Date Filed: 1932-01-27

Citation: 139 So. 201, 104 Fla. 123

Snippet: Michigan in the case of Gaut vs. Jackson, 47 Mich. 475,11 N.W. 277; in New York in the case of Holcomb vs

Seaboard Air Line Railway v. Mullin

Court: Supreme Court of Florida | Date Filed: 1915-12-10

Citation: 70 Fla. 450

Snippet: Savannah, F. & W. Ry. Co., 23 Fla. 182, 1 South. Rep. 475, 11 Am. St Rep. 355. But where the flood should have