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Florida Statute 475.11 - Full Text and Legal Analysis
Florida Statute 475.011 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 475.011 Case Law from Google Scholar Google Search for Amendments to 475.011

The 2025 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 475
REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS
View Entire Chapter
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 CourtListener

Amendments to 475.011


Annotations, Discussions, Cases:

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

Cases Citing Statute 475.011

Total Results: 12

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

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

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

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

Supreme Court of Florida | Filed: Dec 2, 1993 | Docket: 64744371

Cited 3 times | Published

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

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

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

Meller v. FLORIDA REAL ESTATE COM'N

902 So. 2d 325, 2005 WL 1250217

District Court of Appeal of Florida | Filed: May 27, 2005 | Docket: 1675046

Cited 2 times | Published

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

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

here, the 1979 amendment simply created a new section 475.011 to list exemptions from the chapter which previously

Schickedanz Bros.-Riviera Ltd. v. Harris

996 So. 2d 884, 2008 WL 4862574

District Court of Appeal of Florida | Filed: Nov 12, 2008 | Docket: 2548725

Published

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

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

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

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

District Court of Appeal of Florida | Filed: Apr 11, 1991 | Docket: 64657944

Published

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

Rosenberg v. Kubeck

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

District Court of Appeal of Florida | Filed: Apr 19, 1989 | Docket: 64641622

Published

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

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

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

Shelomith v. Friedland

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

District Court of Appeal of Florida | Filed: Jun 2, 1987 | Docket: 64627405

Published

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

McIntyre v. Norman

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

District Court of Appeal of Florida | Filed: Apr 12, 1983 | Docket: 64596468

Published

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