Florida Statute 475.482 | 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. 475.482

475.482 Real Estate Recovery Fund.—There is created the Florida Real Estate Recovery Fund as a separate account in the Professional Regulation Trust Fund.

(1) The Florida Real Estate Recovery Fund shall be disbursed as provided in s. 475.484, on order of the commission, as reimbursement to any person, partnership, or corporation adjudged by a court of competent civil jurisdiction in this state to have suffered monetary damages by reason of any act committed, as a part of any real estate brokerage transaction involving real property in this state, by any broker or sales associate who:

(a) Was, at the time the alleged act was committed, the holder of a current, valid, active real estate license issued under this part;

(b) Was neither the seller, buyer, landlord, or tenant in the transaction nor an officer or a director of a corporation, a member of a partnership, a member of a limited liability company, or a partner of a limited liability partnership which was the seller, buyer, landlord, or tenant in the transaction; and

provided the act was a violation proscribed in s. 475.25 or s. 475.42.

(2) The Real Estate Recovery Fund shall also be disbursed as provided in s. 475.484, on order of the commission, as reimbursement to any broker or sales associate who is required by a court of competent civil jurisdiction to pay monetary damages due to a distribution of escrow moneys which is made in compliance with an escrow disbursement order issued by the commission. However, in no case shall the fund be disbursed when the broker or sales associate fails to notify the commission and to diligently defend an action wherein the broker or sales associate may be required by a court of competent civil jurisdiction to pay monetary damages due to a distribution of escrow moneys which is made in compliance with an escrow disbursement order issued by the commission.

(3) A fee of $3.50 per year shall be added to the license fee for both new licenses and renewals of licenses for brokers, and a fee of $1.50 per year shall be added for new licenses and renewals of licenses for sales associates. This fee shall be in addition to the regular license fee and shall be deposited in or transferred to the Real Estate Recovery Fund. If the fund at any time exceeds $1 million, collection of special fees for this fund shall be discontinued at the end of the licensing renewal cycle. Such special fees shall not be reimposed unless the fund is reduced below $500,000 by disbursement made in accordance with this chapter.

(4) In addition, all moneys collected from fines imposed by the commission and collected by the department shall be transferred into the Real Estate Recovery Fund.

History.—s. 1, ch. 76-74; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; ss. 34, 42, 43, ch. 79-239; ss. 3, 5, ch. 80-307; ss. 23, 24, ch. 81-302; ss. 2, 3, ch. 81-318; ss. 33, 38, ch. 82-1; s. 3, ch. 83-265; ss. 20, 28, 30, ch. 88-20; s. 4, ch. 89-76; s. 10, ch. 91-89; s. 4, ch. 91-429; s. 19, ch. 93-261; s. 144, ch. 94-119; s. 4, ch. 94-337; s. 7, ch. 98-250; s. 11, ch. 99-384; s. 46, ch. 2003-164.

F.S. 475.482 on Google Scholar

F.S. 475.482 on Casetext

Amendments to 475.482

Arrestable Offenses / Crimes under Fla. Stat. 475.482

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 475.482.

Annotations, Discussions, Cases:

Cases Citing Statute 475.482

Total Results: 20

Sean Alonzo Bush v. State of Florida

Court: Fla. | Date Filed: 2020-05-14T00:53:00-07:00

Snippet: hypothesis of innocence. Ballard v. State, 923 So. 2d 475, 482 (Fla. 2006) (quoting Davis v. State, 90 So. 2d

GEORGE O. SHRADER v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-23T00:53:00-07:00

Snippet: at 521 (quoting Ballard v. State, 923 So. 2d 475, 482 (Fla. 2006)).

Garcia v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-01T00:53:00-07:00

Snippet: 14 So. 3d at 215; Ballard v. State, 923 So. 2d 475, 482 (Fla. 2006) (“If the State’s evidence is not

Smith v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-26T00:00:00-07:00

Citation: 269 So. 3d 645

Snippet: EISNAUGLE, JJ., concur. See, e.g. , §§ 475.42(2), 475.482, 475.483, Fla. Stat. (2018). Case No.

Smith v. Rodriguez

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-26T00:00:00-07:00

Citation: 269 So. 3d 645

Snippet: EISNAUGLE, JJ., concur. See, e.g. , §§ 475.42(2), 475.482, 475.483, Fla. Stat. (2018). Case No.

Perry James Ford, Jr. v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2019-03-13T00:53:00-07:00

Snippet: sufficient to convict.” Ballard v. State, 923 So. 2d 475, 482 (Fla. 2006) (quoting Davis v. State, 90 So. 2d

Rollas v. Dept. of Business & Professional Reg.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-28T23:53:00-08:00

Snippet: , and unpaid vendor services. Section 475.482(1), Florida Statutes, establishes the requirements…claim met the requirements set forth in section 475.482(1). Specifically, it is uncontroverted that a court

Richard Kevin Kline v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-10T00:00:00-07:00

Citation: 223 So. 3d 482, 2017 WL 3428265, 2017 Fla. App. LEXIS 11499

Snippet: quoting Ballard v. State, 923 So.2d 475, 482 (Fla. 2006))). Applying these principles

Ralph Daniel Wright, Jr. v. State of Florida

Court: Fla. | Date Filed: 2017-05-11T00:00:00-07:00

Citation: 221 So. 3d 512, 42 Fla. L. Weekly Supp. 587, 2017 WL 1954977, 2017 Fla. LEXIS 1066

Snippet: substantial evidence.” Ballard v. State, 923 So. 2d 475, 482 (Fla. 2006) (quoting Crain v. State, 894 So.

Miguel Angel Alfonso-Roche v. State of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-01T00:00:00-07:00

Citation: 199 So. 3d 941, 2016 WL 3065576, 2016 Fla. App. LEXIS 8352

Snippet: other inferences.’” Ballard v. State, 923 So.2d 475, 482 (Fla.2006) (quoting Crain v, State, 894 So.2d

Hendricks v. Department of Business & Professional Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-08T00:00:00-08:00

Citation: 183 So. 3d 1172, 2016 Fla. App. LEXIS 309

Snippet: So.2d 1319, 1320 (Fla. 4th DCA 1990). Section 475.482(1), Florida Statutes (2014), allows a claim against…real estate licensee in the transaction.” Id. §. 475.482(l)(c). We first turn to the FREC’s argument that…their capacities as real estate licensees. See § 475.482(l)(c), Fla. Stat. We next turn to the FREC’s argument

Kim Jackson v. State of Florida

Court: Fla. | Date Filed: 2015-08-27T00:00:00-07:00

Citation: 180 So. 3d 938, 40 Fla. L. Weekly Supp. 451, 2015 Fla. LEXIS 1795

Snippet: conviction. See Ballard v. State, 923 So.2d 475, 482 (Fla.2006) (citing Davis v. State,

Derral Wayne Hodgkins v. State of Florida

Court: Fla. | Date Filed: 2015-06-18T00:00:00-07:00

Citation: 175 So. 3d 741, 40 Fla. L. Weekly Supp. 346, 2015 Fla. LEXIS 1333

Snippet: Fla.2009) (quoting Ballard v. State, 923 So.2d 475, 482 (Fla.2006)) (internal quotation marks omitted)

Grant v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-05-07T00:00:00-07:00

Citation: 138 So. 3d 1079, 2014 WL 1795845, 2014 Fla. App. LEXIS 6720

Snippet: , is insufficient. Ballard v. State, 923 So.2d 475, 482 (Fla.2006). Grant relies primarily upon Rose v

State v. Sims

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-25T00:00:00-07:00

Citation: 110 So. 3d 113, 2013 WL 1194940, 2013 Fla. App. LEXIS 5047

Snippet: sustain conviction.” Ballard v. State, 923 So.2d 475, 482 (Fla.2006). The circumstantial evidence must exclude

Miranda v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-27T00:00:00-08:00

Citation: 113 So. 3d 51, 2013 WL 692644, 2013 Fla. App. LEXIS 3174

Snippet: reasonable doubt....” Ballard v. State, 923 So.2d 475, 482 (Fla.2006). Moreover, absent other evidence of

Cordero-Artigas v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-12-09T00:00:00-08:00

Citation: 75 So. 3d 838, 2011 Fla. App. LEXIS 19726, 2011 WL 6117120

Snippet: convict.” Id. (quoting Ballard v. State, 923 So.2d 475, 482 (Fla.2006)). If the State introduces competent

Gizaw v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-10-05T00:00:00-07:00

Citation: 71 So. 3d 214, 2011 WL 4578550

Snippet: emphasis added) (quoting Ballard v. State, 923 So.2d 475, 482 (Fla.2006)). Thus, this court "`must determine

State v. Leyva

Court: Fla. Dist. Ct. App. | Date Filed: 2011-07-13T00:00:00-07:00

Citation: 65 So. 3d 1137, 2011 Fla. App. LEXIS 11030, 2011 WL 2694328

Snippet: re Alkires Estate, 144 Fla. 606, 623, 198 So. 475, 482 (Fla.1940) (supplemental op.) ("The judicial

Graham v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-03-09T00:00:00-08:00

Citation: 56 So. 3d 97, 2011 Fla. App. LEXIS 3161, 2011 WL 798519

Snippet: reasonable doubt. Ballard v. State, 923 So.2d 475, 482 (Fla.2006). And the fact that a defendant produced