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Florida Statute 475.626 | Lawyer Caselaw & Research
F.S. 475.626 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 475.626

The 2023 Florida Statutes

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 475
REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS
View Entire Chapter
F.S. 475.626
475.626 Violations and penalties.—
(1) A person may not:
(a) Operate or attempt to operate as a registered trainee appraiser, a licensed or certified appraiser, or an appraisal management company without being the holder of a valid and current registration, license, or certification.
(b) If an appraisal management company, commit any conduct or practice set forth in s. 475.6245.
(c) Make any false affidavit or affirmation intended for use as evidence by or before the board or any member thereof, or by any of its authorized representatives, nor may any person give false testimony under oath or affirmation to or before the board or any member thereof in any proceeding authorized by this section.
(d) Fail or refuse to appear at the time and place designated in a subpoena issued with respect to a violation of this section, unless such failure to appear is the result of facts or circumstances that are sufficient to excuse appearance in response to a subpoena from the circuit court; nor may a person who is present before the board or a member thereof or one of its authorized representatives acting under authority of this section refuse to be sworn or to affirm or fail or refuse to answer fully any question propounded by the board, the member, or such representative, or by any person by the authority of such officer or appointee.
(e) Obstruct or hinder in any manner the enforcement of this section or the performance of any lawful duty by any person acting under the authority of this section, or interfere with, intimidate, or offer any bribe to any member of the board or any of its employees or any person who is, or is expected to be, a witness in any investigation or proceeding relating to a violation of this section.
(f) Knowingly conceal any information relating to violations of this section.
(2) A person who violates any provision of subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, except when a different punishment is prescribed by this section. This section does not prohibit the prosecution under any other criminal statute of this state of any person for an act or conduct prohibited by this section; however, in such cases, the state may prosecute under this section or under such other statute, or may charge both offenses in one prosecution, but the sentence imposed shall not be a greater fine or longer sentence than that prescribed for the offense which carries the more severe penalties. A civil case, a criminal case, or a denial, revocation, or suspension proceeding may arise out of the same alleged state of facts, and the pendency or result of one such case or proceeding shall not stay or control the result of either of the others.
History.—ss. 9, 11, ch. 91-89; s. 4, ch. 91-429; s. 392, ch. 97-103; s. 33, ch. 98-250; s. 17, ch. 2003-164; s. 8, ch. 2010-84; s. 21, ch. 2012-61; s. 8, ch. 2017-30.

F.S. 475.626 on Google Scholar

F.S. 475.626 on Casetext

Amendments to 475.626


Arrestable Offenses / Crimes under Fla. Stat. 475.626
Level: Degree
Misdemeanor/Felony: First/Second/Third

S475.626 - PUBLIC ORDER CRIMES - VIOLATION OF APPRAISER REGULATIONS - M: S

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. Begualg Inv. Mgmt. Inc. v. Four Seasons Hotel Ltd.

    Case Number: 10-22153-CIV-MARTINEZ-MCALILEY (S.D. Fla. Sep. 23, 2011)   Cited 19 times
    Defendant Interinvestments has also alleged that Plaintiffs cannot state a claim for a violation of the FDUPTA in count VII against it because FDUPTA provides that it does not apply to "[a]n act or practice involving the sale lease, rental or appraisal of real estate by a person licensed, certified or registered pursuant to chapter 475, which act or practice violates s. 475.42 or s. 475.626." Fla. Stat. § 501.212(6). Defendant Interinvestments argue that Plaintiffs' allegations that Interinvestments provided false or misleading information to induce them to purchase real estate fall within the scope of Fla. Stat. § 475.42(1)(f) and thus, Plaintiffs cannot state a viable claim against Interinvestments for a violation of FDUPTA. The Court, however, finds that whether Interinvestments is "a person licensed, certified or registered pursuant to chapter 475" is a question of fact, which is inappropriate for this Court to resolve in considering a motion to dismiss. The Court disagrees that it is apparent from the face of the complaint that Interinvestments is such a person. Accordingly, Interinvestments's motion to dismiss with prejudice on this ground is denied.
    PAGE 12

  2. Peters v. Keyes Company

    CASE NO. 10-60162-CIV-ALTONAGA/Brown (S.D. Fla. Apr. 21, 2010)   Cited 2 times
    Section 501.212(6) exempts from the FDUTPA "[a]n act or practice involving the sale, lease, rental, or appraisal of real estate by a person licensed, certified, or registered pursuant to chapter 475, which act or practice violates s. 475.42 or s. 475.626." FLA. STAT. § 501.212(6). This exemption applies only to a person licensed, certified, or registered under chapter 475 of the Florida Statutes. Peters has not alleged The Keyes Company is licensed, certified, or registered under chapter 475. And The Keyes Company has offered nothing more than its assertions that it is licensed, certified, or registered under chapter 475. See, e.g., Sea Shelter IV, LLC v. TRG Sunny Isles V, Ltd., No. 08-21767-CIV, 2009 WL 692469, at *6 (S.D. Fla. Mar. 17, 2009) (allowing a defendant to show, at the motion to dismiss stage, that "it is licensed under Chapter 475 by submitting records regarding its license from the Florida Department of Business and Professional Regulation"). The Keyes Company therefore has not demonstrated its conduct falls within section 501.212(6).
    PAGE 7

  3. Sewell v. D'Alessandro Woodyard, Inc.

    655 F. Supp. 2d 1228 (M.D. Fla. 2009)   Cited 5 times
    As to defendants D W, GDW, Robb, Kreitner, and D'Alessandro, defendants Robb and Kreitner argue (and the remaining defendants join the argument) that plaintiffs' FDUTPA claims should be dismissed because the claims are statutorily precluded by § 501.212(6), which excludes the application of FDUTPA to, among other things, "[a]n act or practice involving the sale, lease, rental, or appraisal of real estate by a person licensed, certified, or registered pursuant to chapter 475, which act or practice violates § 475.42 or § 475.626." FLA. STAT. § 501.212(6). Defendants claim that the statutory exclusion applies to them.
    PAGE 1259

  4. Warfield v. Stewart

    Case No. 2:07-cv-332-FtM-27DNF (M.D. Fla. Sep. 11, 2007)
    (6) An act or practice involving the sale, lease, rental, or appraisal of real estate by a person licensed, certified, or registered pursuant to chapter 475, which act or practice violates s. 475.42 or s. 475.626.
    PAGE 5

    Cases from cite.case.law:

    SEWELL, v. D ALESSANDRO WOODYARD, INC. a D LLC, a K. LLC, a a I, LLC, a D A., 655 F. Supp. 2d 1228 (M.D. Fla. 2009)

    . . . licensed, certified, or registered pursuant to chapter 475, which act or practice violates § 475.42 or § 475.626 . . .