Florida Statute 475.484 | 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. 475.484

475.484 Payment from the fund.—

(1) Any person who meets all of the conditions prescribed in s. 475.482(1) or (2) may apply to the commission to cause payment to be made to such person from the Real Estate Recovery Fund:

(a) Under s. 475.482(1), in an amount equal to the unsatisfied portion of such person’s judgment or $50,000, whichever is less, but only to the extent and amount reflected in the judgment as being actual or compensatory damages. Except as provided in s. 475.483, treble damages, court costs, attorney’s fees, and interest shall not be recovered from the fund.

(b) Under s. 475.482(2), in an amount equal to the judgment against the broker or sales associate or $50,000, whichever is less.

(2) Upon receipt by a claimant under paragraph (1)(a) of payment from the Real Estate Recovery Fund, the claimant shall assign her or his additional right, title, and interest in the judgment, to the extent of such payment, to the commission, and thereupon the commission shall be subrogated to the right, title, and interest of the claimant; and any amount subsequently recovered on the judgment by the commission, to the extent of the right, title, and interest of the commission therein, shall be for the purpose of reimbursing the Real Estate Recovery Fund.

(3) Payments for claims arising out of the same transaction shall be limited, in the aggregate, to $50,000, regardless of the number of claimants or parcels of real estate involved in the transaction.

(4) Payments for claims based upon judgments against any one broker or sales associate may not exceed, in the aggregate, $150,000.

(5) If at any time the moneys in the Real Estate Recovery Fund are insufficient to satisfy any valid claim or portion thereof, the commission shall satisfy such unpaid claim or portion thereof as soon as a sufficient amount of money has been deposited in or transferred to the fund. When there is more than one unsatisfied claim outstanding, such claims shall be paid in the order in which the claims were approved by the commission. However, if the total claims approved at any one commission meeting exceed the aggregate amount established in subsection (4) against any one broker or sales associate, the claims approved on that day shall be prorated.

(6) All payments and disbursements from the Real Estate Recovery Fund shall be made by the Chief Financial Officer upon a voucher signed by the secretary of the department.

(7) Upon the payment of any amount from the Real Estate Recovery Fund in settlement of a claim in satisfaction of a judgment against a broker or sales associate as described in s. 475.482(1), the license of such broker or sales associate shall be automatically suspended upon the date of payment from the fund. The license of such broker or sales associate may not be reinstated until the licensee has repaid in full, plus interest, the amount paid from the fund. No further administrative action is necessary. A discharge of bankruptcy does not relieve a licensee from the penalties and disabilities provided in this section, except to the extent that this subsection conflicts with 11 U.S.C. s. 525, in which case the commission may order the license not to be suspended or otherwise discriminated against.

History.—s. 1, ch. 76-74; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; ss. 37, 42, 43, ch. 79-239; ss. 4, 5, ch. 80-307; ss. 2, 3, ch. 81-318; ss. 36, 38, ch. 82-1; s. 64, ch. 83-329; ss. 23, 28, 30, ch. 88-20; s. 6, ch. 89-76; s. 10, ch. 91-89; s. 4, ch. 91-429; s. 21, ch. 93-261; s. 146, ch. 94-119; s. 379, ch. 97-103; s. 17, ch. 98-250; s. 48, ch. 2003-164; s. 506, ch. 2003-261; s. 55, ch. 2005-152.

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Amendments to 475.484

Arrestable Offenses / Crimes under Fla. Stat. 475.484

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 475.484.

Annotations, Discussions, Cases:

Cases Citing Statute 475.484

Total Results: 12

Rollas v. Dept. of Business & Professional Reg.

Court: District Court of Appeal of Florida | Date Filed: 2018-01-29

Citation: 243 So. 3d 474

Snippet: maximum amount recoverable under the statute. See § 475.484(1)(a), Fla. Stat. (2016). His claim was limited

Alexis v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-04-14

Citation: 140 So. 3d 616, 2014 WL 1415185, 2014 Fla. App. LEXIS 5452

Snippet: at 667 (citing Holloway v. Arkansas, 435 U.S. 475, 484, 98 S.Ct. 1173, 55 L.Ed.2d 426 (1978)). A defendant

State v. Foster

Court: District Court of Appeal of Florida | Date Filed: 1998-01-09

Citation: 704 So. 2d 1171, 1998 La. LEXIS 234, 1998 WL 9513

Snippet: Amendment purposes. Holloway v. Arkansas, 435 U.S. 475, 484, 98 S.Ct. 1173, 1178, 55 L.Ed.2d 426 (1978); Hamilton

Dullea v. Department of Business Regulation, Florida Real Estate Commission

Court: District Court of Appeal of Florida | Date Filed: 1992-05-08

Citation: 599 So. 2d 207, 1992 Fla. App. LEXIS 5048, 1992 WL 93651

Snippet: attorney fees, for a total of $27,971.58. Section 475.484(l)(a) provides that payments from the Fund are

Bidon v. DEPT. OF PRO. REGULATION, FLA. REAL ESTATE COMM.

Court: Supreme Court of Florida | Date Filed: 1992-03-26

Citation: 596 So. 2d 450, 1992 WL 56478

Snippet: order, held that the restriction in subsection 475.484(1)(a) limiting reimbursement to those amounts "reflected

Murrell v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-03-11

Citation: 595 So. 2d 1049, 1992 WL 43279

Snippet: (emphasis supplied), citing, State v. Molnar, 81 N.J. 475, 484, 410 A.2d 37, 41 (1980) (footnote omitted). Murrell

Bidon v. State, Department of Professional Regulations

Court: District Court of Appeal of Florida | Date Filed: 1991-04-24

Citation: 578 So. 2d 478, 1991 Fla. App. LEXIS 3711, 1991 WL 60861

Snippet: section 475.482, Florida Statutes (1987). Section 475.484, provides: (1) Any person who meets all of the

Tucker v. State Department of Professional Regulation, Florida Real Estate Commission

Court: District Court of Appeal of Florida | Date Filed: 1988-01-28

Citation: 521 So. 2d 146, 13 Fla. L. Weekly 296, 1988 Fla. App. LEXIS 296, 1988 WL 4390

Snippet: Retired, dissenting. I respectfully dissent. Section 475.484, Florida Statutes (1985) provides: (1) Any person

Erzene v. Florida Real Estate Commission

Court: District Court of Appeal of Florida | Date Filed: 1987-02-19

Citation: 504 So. 2d 427, 1987 Fla. App. LEXIS 6823, 12 Fla. L. Weekly 571

Snippet: (emphasis supplied) The clear language of section 475.484(l)(a), Florida Statutes, provides that such a person

State v. Eichel

Court: District Court of Appeal of Florida | Date Filed: 1986-09-17

Citation: 495 So. 2d 787, 11 Fla. L. Weekly 2020

Snippet: So.2d at 521 (quoting State v. Molnar, 81 N.J. 475, 484, 410 A.2d 37, 41 (1980)). See also Spencer v.

Cruz v. State

Court: Supreme Court of Florida | Date Filed: 1985-03-07

Citation: 465 So. 2d 516, 10 Fla. L. Weekly 161

Snippet: rather than the jury. State v. Molnar, 81 N.J. 475, 484, 410 A.2d 37, 41 (1980).[3] We find, like the

DeDakis v. Florida Real Estate Commission

Court: District Court of Appeal of Florida | Date Filed: 1980-09-15

Citation: 388 So. 2d 22, 1980 Fla. App. LEXIS 17980

Snippet: Recovery Fund shall be disbursed as provided in s. 475.484, on order of the board, as reimbursement to any