Florida Statute 475.28 | 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. 475.28

475.28 Rules of evidence.—

(1) In all proceedings before the commission or the courts, civil or criminal, in which the payment, receipt, or expectation of a commission, compensation, or a valuable consideration is a necessary element of the offense, proof of the performance of the act, service, or condition for which such commission, compensation, or valuable consideration is required to be shown shall be prima facie evidence that such act, service, or condition was performed or existed for or in expectation of the payment or receipt of a commission, compensation, or a valuable consideration. If it is material to determine whether or not a party to any action, civil or criminal, is properly licensed, the burden of proof shall be on such party.

(2) Photostatic copies of any papers or documents may be introduced in lieu of the originals in any proceeding or prosecution under this chapter. The books of account and records of any person shall be admissible upon a showing that they were made in the regular course of business, without introducing the person who made the entries, the weight of such evidence to be decided by the court or commission.

History.—s. 30, ch. 12223, 1927; CGL 4091; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 48, ch. 78-95; ss. 20, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 22, 38, ch. 82-1; ss. 28, 30, ch. 88-20; s. 4, ch. 91-429.

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F.S. 475.28 on Casetext

Amendments to 475.28

Arrestable Offenses / Crimes under Fla. Stat. 475.28

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 475.28.

Annotations, Discussions, Cases:

Cases Citing Statute 475.28

Total Results: 2

Brim v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-10-11

Citation: 779 So. 2d 427, 2000 WL 1568741

Snippet: P.2d 29 (1994). [27] See Campbell, 910 S.W.2d 475. [28] See NCR II at 12. Eggs and sperm have half the

Thorn v. Florida Real Estate Commission

Court: District Court of Appeal of Florida | Date Filed: 1962-10-24

Citation: 146 So. 2d 907

Snippet: Since Gaisford was not a party to this action, § 475.28, Florida Statutes, F.S.A., did not shift this burden