Florida Statutes
Fla. Stat. § 475.482 (2025)
Real Estate Recovery Fund.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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
(c) Was acting solely in the capacity of a real estate licensee in the transaction;
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.
Notes of Decisions
Cited in 19
cases, 1980–2018 · leading case: Dorcely v. State Dep't of Bus. & Prof'l Reg., 22 So. 3d 834 (Fla. 4th DCA 2009).
Dorcely v. State Dep't of Bus. & Prof'l Reg., 22 So. 3d 834 (Fla. 4th DCA 2009). “Compare § 475.482, Fla. Stat. (1985) with § 475.482, Fla.”
Bidon v. Dept. of Pro. Reg., Fla. Real Est. Comm., 596 So. 2d 450 (Fla. 1992). “Bidon then filed a claim with the Florida Real Estate Recovery Fund (Fund) for reimbursement of those amounts under subsection 475.482(1), Florida Statutes (1987).”
White v. Weatherford (In Re Abrass), 268 B.R. 665 (Bankr. M.D. Fla. 2001). “See Fla. Stat. § 475.482 (2000). The second matter under consideration are the issues raised in White’s Complaint to Determine the Extent, Validity, and Priority of Liens, to Avoid Fraudulent Transfers, and to Impose an Equitable Lien (the “Complaint”) (Doc.”
Gauthier v. Florida Real Est. Comm'n, 654 So. 2d 580 (Fla. 5th DCA 1995). “See § 475.482, Fla.Stat. (1991). We reverse. The final order of the commission found that, after the Smiths advertised their pizza business for sale, Gauthier contacted them, identified himself as a broker, and stated that he had a potential buyer, Linkenheimer.”
Moyant v. Beattie, 561 So. 2d 1319 (Fla. 4th DCA 1990). “Section 475.482, Florida Statutes (1989), Real Estate Recovery Fund, provides for the reimbursement of persons who suffer monetary losses because of the unscrupulous acts of licensed brokers or salespersons.”
Hendricks v. Dep't of Bus. & Prof'l Reg., 183 So. 3d 1172 (Fla. 5th DCA 2016). “Section 475.482(1), Florida Statutes (2014), allows a claim against the Recovery Fund by any person “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…”
Meller v. Florida Real Est. Com'n, 902 So. 2d 325 (Fla. 5th DCA 2005). “The discharge in the bankruptcy proceedings left pending the claim the Mellers filed pursuant to section 475.482, Florida Statutes (2003), seeking reimbursement for their damages from the Florida Real Estate Recovery Fund.”
In Re Hirsch, 50 B.R. 8 (Bankr. S.D. Florida 1985). “§ 475.482. Movants’ state court complaint is not in the record before me, and I do not, therefore, pass upon whether that claim falls within the purview of the Fund.”
Dullea v. Dep't of Bus. Reg., Florida Real Est. Comm'n, 599 So. 2d 207 (Fla. 2d DCA 1992). “This is an administrative appeal from an order of the Florida Real Estate Commission (Commission) denying the appellant’s claims against the Florida Real Estate Recovery Fund (Fund), section 475.482, Florida Statutes (Supp.1988).”
Tucker v. State Dep't of Prof'l Reg., Florida Real Est. Comm'n, 521 So. 2d 146 (Fla. 5th DCA 1988). “5th DCA 1987), this court permitted recovery of costs in a suit involving section 475.482(l)(a). In Erzene , the appellant claimed he was entitled to ,536.”
Erzene v. Florida Real Est. Comm'n, 504 So. 2d 427 (Fla. 5th DCA 1987). “Pursuant to section 475.482, Florida Statutes, appellant filed a claim with the Commission for payment from the Real Estate Recovery Fund.”
Florida Bar re: Advisory Opinion, 602 So. 2d 914 (Fla. 1992). “Fla. Stat. § 475.482 . However, this remedy is only available if the real estate licensee injures the client while performing duties in which the licensee is authorized to engage.”
— 475.482(1) — 9 cases
Bidon v. Dept. of Pro. Reg., Fla. Real Est. Comm., 596 So. 2d 450 (Fla. 1992). “Bidon then filed a claim with the Florida Real Estate Recovery Fund (Fund) for reimbursement of those amounts under subsection 475.482(1), Florida Statutes (1987).”
Dorcely v. State Dep't of Bus. & Prof'l Reg., 22 So. 3d 834 (Fla. 4th DCA 2009). “Compare § 475.482, Fla. Stat. (1985) with § 475.482, Fla.”
Gauthier v. Florida Real Est. Comm'n, 654 So. 2d 580 (Fla. 5th DCA 1995). “See § 475.482, Fla.Stat. (1991). We reverse. The final order of the commission found that, after the Smiths advertised their pizza business for sale, Gauthier contacted them, identified himself as a broker, and stated that he had a potential buyer, Linkenheimer.”
Hendricks v. Dep't of Bus. & Prof'l Reg., 183 So. 3d 1172 (Fla. 5th DCA 2016). “Section 475.482(1), Florida Statutes (2014), allows a claim against the Recovery Fund by any person “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…”
Erzene v. Florida Real Est. Comm'n, 504 So. 2d 427 (Fla. 5th DCA 1987). “Pursuant to section 475.482, Florida Statutes, appellant filed a claim with the Commission for payment from the Real Estate Recovery Fund.”
— 475.482(2) — 3 cases
Bidon v. Dept. of Pro. Reg., Fla. Real Est. Comm., 596 So. 2d 450 (Fla. 1992). “Bidon then filed a claim with the Florida Real Estate Recovery Fund (Fund) for reimbursement of those amounts under subsection 475.482(1), Florida Statutes (1987).”
Bidon v. State, Dep't of Prof'l Regulations, 578 So. 2d 478 (Fla. 4th DCA 1991).
Accurate Fin. Corp. v. Burman, 519 So. 2d 689 (Fla. 3d DCA 1988).
— 475.482(l)(a) — 2 cases
Dorcely v. State Dep't of Bus. & Prof'l Reg., 22 So. 3d 834 (Fla. 4th DCA 2009). “Compare § 475.482, Fla. Stat. (1985) with § 475.482, Fla.”
Tucker v. State Dep't of Prof'l Reg., Florida Real Est. Comm'n, 521 So. 2d 146 (Fla. 5th DCA 1988). “5th DCA 1987), this court permitted recovery of costs in a suit involving section 475.482(l)(a). In Erzene , the appellant claimed he was entitled to ,536.”
— 475.482(l)(b) — 1 case
Dorcely v. State Dep't of Bus. & Prof'l Reg., 22 So. 3d 834 (Fla. 4th DCA 2009). “Compare § 475.482, Fla. Stat. (1985) with § 475.482, Fla.”
— 475.482(l)(c) — 1 case
Hendricks v. Dep't of Bus. & Prof'l Reg., 183 So. 3d 1172 (Fla. 5th DCA 2016). “Section 475.482(1), Florida Statutes (2014), allows a claim against the Recovery Fund by any person “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…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.