Florida Statutes

Fla. Stat. § 475.011 (2025)

Exemptions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Arrestable Offenses under F.S. 475.011

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§475.011(13)PUBLIC ORDER CRIMESVIOL REFERRAL FEE EXEMPTIONM · 2nd

Notes of Decisions

Cited in 13 cases, 1980–2008 · leading case: Munch v. Dept. of Pro. Reg., 592 So. 2d 1136 (Fla. 1st DCA 1992).

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Munch v. Dept. of Pro. Reg., 592 So. 2d 1136 (Fla. 1st DCA 1992). · cites it 28× “The hearing officer reached two determinative legal conclusions: first, that the exemption set forth in Section 475.011(2), Florida Statutes, applied to appellant and, therefore, appellant had not violated Section 475.”

Dept. of Bus. Reg. v. Smith, 471 So. 2d 138 (Fla. 1st DCA 1985). · cites it 9× “20, Florida Statutes (1981), provided that all sellers of a time-sharing plan must be licensed real estate salesmen, brokers, or broker-salesmen pursuant to chapter 475, unless they fit within the exemptions to chapter 475 provided in section 475.011, Florida Statutes (1981).”

Meller v. Florida Real Est. Com'n, 902 So. 2d 325 (Fla. 5th DCA 2005). · cites it 2× “See § 475.011(11), Fla. Stat. (2003) (exempting from Part I of Chapter 475, and thus precluding recovery from the Fund statute which appears in Part I, "[a]ny person .”

Marks v. M.S.F. Mgmt. Corp., 540 So. 2d 138 (Fla. 5th DCA 1989). · cites it 3× “See § 475.011(2), Fla.Stat. (1983); 2 Florida Real Estate Commission v.”

Florida Bar re Advisory Opinion—Nonlawyer Preparation of & Representation of Landlord in Uncontested Residential Evictions, 627 So. 2d 485 (Fla. 1993). “See § 475.011(4), (5), Fla.Stat. (1991). . Our original opinion did not address actions for recovery of past due rent and was not intended to authorize property managers to seek money judgments on behalf of landlords.”

Sellars v. Florida Real Est. Com'n, 380 So. 2d 1052 (Fla. 1st DCA 1980). “Insofar as it is pertinent here, the 1979 amendment simply created a new section 475.011 to list exemptions from the chapter which previously were set out in a rather less convenient form by section 475.”

Erfman v. Dep't of Prof'l Reg., 577 So. 2d 710 (Fla. 5th DCA 1991). · cites it 2× “At issue is the interpretation of section 475.011(5), Florida Statutes (1988) which allows the following exemption from the licensing requirements: Any person employed for a salary as a manager of a condominium or cooperative or cooperative apartment complex as a result of any…”

McIntyre v. Norman, 429 So. 2d 1296 (Fla. 3d DCA 1983). · cites it 2× “2d DCA 1970); Compare, Section 475.011(2) Florida Statutes (1981).”

Bockar v. Sakolsky, 592 So. 2d 251 (Fla. 3d DCA 1991). · cites it 6× “§ 475.011(2), Fla.Stat. (1989). Most of the parties’ arguments focus on the second clause in the same section which extends the exemption, in limited circumstances, to unlicensed salesmen employed by the owner: [H]owever, this exemption shall not be available if and to the…”

Rosenberg v. Kubeck, 541 So. 2d 788 (Fla. 4th DCA 1989). · cites it 3× “The trial court dismissed Rosenberg’s first amended complaint with prejudice upon the motion filed by Kubeck, acting as the personal representative of Slie’s estate, in which it was asserted that section 475.011(2), Florida Statutes (1987), bars Rosenberg’s claim because of the…”

Schickedanz Bros.-Riviera Ltd. v. Harris, 996 So. 2d 884 (Fla. 4th DCA 2008). · cites it 2× “" § 475.011(2), Fla. Stat. While appellants owned the property sold by Harris, Harris was an independent contractor paid on a commission basis.”

Shelomith v. Friedland, 507 So. 2d 804 (Fla. 3d DCA 1987). · cites it 2× “1st DCA 1979); § 475.011(2), Fla.Stat. (1985).”

Show all 13 citing cases →

— 475.011(11) — 1 case

Meller v. Florida Real Est. Com'n, 902 So. 2d 325 (Fla. 5th DCA 2005). “See § 475.011(11), Fla. Stat. (2003) (exempting from Part I of Chapter 475, and thus precluding recovery from the Fund statute which appears in Part I, "[a]ny person .”

— 475.011(2) — 9 cases

Munch v. Dept. of Pro. Reg., 592 So. 2d 1136 (Fla. 1st DCA 1992). “The hearing officer reached two determinative legal conclusions: first, that the exemption set forth in Section 475.011(2), Florida Statutes, applied to appellant and, therefore, appellant had not violated Section 475.”

Dept. of Bus. Reg. v. Smith, 471 So. 2d 138 (Fla. 1st DCA 1985). “20, Florida Statutes (1981), provided that all sellers of a time-sharing plan must be licensed real estate salesmen, brokers, or broker-salesmen pursuant to chapter 475, unless they fit within the exemptions to chapter 475 provided in section 475.011, Florida Statutes (1981).”

Marks v. M.S.F. Mgmt. Corp., 540 So. 2d 138 (Fla. 5th DCA 1989). “See § 475.011(2), Fla.Stat. (1983); 2 Florida Real Estate Commission v.”

McIntyre v. Norman, 429 So. 2d 1296 (Fla. 3d DCA 1983). “2d DCA 1970); Compare, Section 475.011(2) Florida Statutes (1981).”

Bockar v. Sakolsky, 592 So. 2d 251 (Fla. 3d DCA 1991). “§ 475.011(2), Fla.Stat. (1989). Most of the parties’ arguments focus on the second clause in the same section which extends the exemption, in limited circumstances, to unlicensed salesmen employed by the owner: [H]owever, this exemption shall not be available if and to the…”

— 475.011(4) — 1 case

— 475.011(5) — 2 cases

Erfman v. Dep't of Prof'l Reg., 577 So. 2d 710 (Fla. 5th DCA 1991). “At issue is the interpretation of section 475.011(5), Florida Statutes (1988) which allows the following exemption from the licensing requirements: Any person employed for a salary as a manager of a condominium or cooperative or cooperative apartment complex as a result of any…”

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