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Florida Statute 475.482 | Lawyer Caselaw & Research
F.S. 475.482 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS
Chapter 475
REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS
View Entire Chapter
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
(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.

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 from cite.case.law:

L. SMITH v. RODRIGUEZ, J, 269 So. 3d 645 (Fla. App. Ct. 2019)

. . . See, e.g. , §§ 475.42(2), 475.482, 475.483, Fla. Stat. (2018). . . .

ROLLAS, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 243 So. 3d 474 (Fla. App. Ct. 2018)

. . . Section 475.482(1), Florida Statutes, establishes the requirements for a valid claim seeking reimbursement . . . the uncontroverted evidence established that Rollas's claim met the requirements set forth in section 475.482 . . .

HENDRICKS, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 183 So. 3d 1172 (Fla. Dist. Ct. App. 2016)

. . . Section 475.482(1), Florida Statutes (2014), allows a claim against the Recovery Fund by any person “ . . . Id. §. 475.482(l)(c). . . . See § 475.482(l)(c), Fla. Stat. . . .

W. DORCELY, v. STATE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, 22 So. 3d 834 (Fla. Dist. Ct. App. 2009)

. . . See §§ 475.482-475.486, Fla. Stat. (2008). . . . who held a “current, valid, active real estate license” at the time the wrongful act was committed. § 475.482 . . . He points to section 475.482(1), which provides that a requirement for disbursal from the Fund is that . . . In the 1985 statute, the current version of section 475.482 did not exist. Compare § 475.482, Fla. . . . Stat. (1985) with § 475.482, Fla. Stat. (2008). . . .

L. MELLER M. v. FLORIDA REAL ESTATE COMMISSION,, 902 So. 2d 325 (Fla. Dist. Ct. App. 2005)

. . . discharge in the bankruptcy proceedings left pending the claim the Mellers filed pursuant to section 475.482 . . .

In ABRASS, v. K., 268 B.R. 665 (Bankr. M.D. Fla. 2001)

. . . . § 475.482 (2000). . . . Stat. § 475.482). . . . would allow her to assert a claim against the otherwise exempt Remaining Equity in the Debtor's home. . 475.482 . . . Stat. § 475.482. . 475.483. . . .

WASSER, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,, 717 So. 2d 633 (Fla. Dist. Ct. App. 1998)

. . . Section 475.482(1), Florida Statutes (1997), provides for the “reimbursement” of any claimant adjudged . . .

J. GAUTHIER, v. FLORIDA REAL ESTATE COMMISSION,, 654 So. 2d 580 (Fla. Dist. Ct. App. 1995)

. . . See §§ 475.482(1), 475.483, & 475.25, Fla.Stat. (1991). . . . For these reasons, I would affirm the Commission’s order. . §§ 475.482(1), 475.483(l)(a), Fla.Stat. ( . . . See § 475.482, Fla.Stat. (1991). We reverse. . . . See § 475.482(1), Fla.Stat. (1991). . . . Section 475.482(1), Florida Statutes (1991), provides for the "reimbursement” of any claimant adjudged . . .

THE FLORIDA BAR RE ADVISORY OPINION- NONLAWYER PREPARATION OF RESIDENTIAL LEASES UP TO ONE YEAR IN DURATION. THE FLORIDA BAR RE APPROVAL OF FORMS PURSUANT b OF THE RULES REGULATING THE FLORIDA BAR, 602 So. 2d 914 (Fla. 1992)

. . . . § 475.482. . . .

DULLEA, v. DEPARTMENT OF BUSINESS REGULATION, FLORIDA REAL ESTATE COMMISSION,, 599 So. 2d 207 (Fla. Dist. Ct. App. 1992)

. . . Commission) denying the appellant’s claims against the Florida Real Estate Recovery Fund (Fund), section 475.482 . . .

Y. BIDON, v. DEPARTMENT OF PROFESSIONAL REGULATION, FLORIDA REAL ESTATE COMMISSION,, 596 So. 2d 450 (Fla. 1992)

. . . with the Florida Real Estate Recovery Fund (Fund) for reimbursement of those amounts under subsection 475.482 . . . In 1980, the legislature added subsection 475.482(2) authorizing reimbursement from the Fund to brokers . . . If the legislature had intended to provide for the recovery of attorneys’ fees under subsection 475.482 . . . (1), it would have expressly done so, as it did with regard to reimbursement under subsection 475.482 . . . The subsection -read as follows: (1) Any person who meets all of the conditions prescribed in s. 475.482 . . .

Y. BIDON v. STATE DEPARTMENT OF PROFESSIONAL REGULATIONS, FLORIDA REAL ESTATE COMMISSION,, 578 So. 2d 478 (Fla. Dist. Ct. App. 1991)

. . . Conditions for recovery from the Fund are set out in section 475.482, Florida Statutes (1987). . . . Section 475.484, provides: (1) Any person who meets all of the conditions prescribed in s. 475.482 may . . . the board to cause payment to be made to such person from the Real Estate Recovery Fund: (a) Under s. 475.482 . . . For instance, claims under Section 475.482 are divided into two categories and treated in two separate . . . However, no similar provision is made under section 475.482(1), the section under which appellants’ claims . . .

MOYANT, v. R. BEATTIE,, 561 So. 2d 1319 (Fla. Dist. Ct. App. 1990)

. . . Section 475.482, Florida Statutes (1989), Real Estate Recovery Fund, provides for the reimbursement of . . .

REVAC, S. A. v. ARTHUR V. WOODWARD, P. A. V., 550 So. 2d 3 (Fla. Dist. Ct. App. 1989)

. . . See §§ 475.482-.483, Fla.Stat. (1981). . . .

ROBINSON v. FLORIDA REAL ESTATE COMMISSION,, 528 So. 2d 556 (Fla. Dist. Ct. App. 1988)

. . . correctly denied appellants’ claim for damages under the Florida Real Estate Recovery Fund, section 475.482 . . . Section 475.482(1) provides for: reimbursement to any person or corporation adjudged by a court of competent . . . under the provisions of this chapter at the time the alleged act was committed_ [emphasis added] § 475.482 . . . Recovery under section 475.482 is limited to judgments against “licensed” brokers and salesmen. . . . Thus, the Commission correctly denied appellants’ request for recovery under section 475.482(1). . . .

ACCURATE FINANCIAL CORPORATION, a v. BURMAN, G. Jr. a, 519 So. 2d 689 (Fla. Dist. Ct. App. 1988)

. . . further advice to the broker that although this Order does not confer immunity from civil liability, § 475.482 . . .

TUCKER, v. STATE DEPARTMENT OF PROFESSIONAL REGULATION, FLORIDA REAL ESTATE COMMISSION,, 521 So. 2d 146 (Fla. Dist. Ct. App. 1988)

. . . , Florida Statutes (1985) provides: (1) Any person who meets all of the conditions prescribed in s. 475.482 . . . (a) Under s. 475.482(1), in an amount equal to the unsatisfied portion of such person's judgment of $25,000 . . . extent and amount reflected in the judgment as being actual or compensatory damages; or (b) Under s. 475.482 . . . 504 So.2d 427 (Fla. 5th DCA 1987), this court permitted recovery of costs in a suit involving section 475.482 . . .

ERZENE, v. FLORIDA REAL ESTATE COMMISSION,, 504 So. 2d 427 (Fla. Dist. Ct. App. 1987)

. . . This case involves interpretation of section 475.482, et seq., Florida Statutes, which provides the Florida . . . Pursuant to section 475.482, Florida Statutes, appellant filed a claim with the Commission for payment . . . Section 475.482(1), Florida Statutes, provides for reimbursement from the Florida Real Estate Recovery . . .

In HIRSCH a k a a k a M. a k a, 50 B.R. 8 (Bankr. S.D. Fla. 1985)

. . . . § 475.482. . . . court adjudication that they have suffered monetary damages which fall within the scope of Fla.Stat. § 475.482 . . .

G. DeDAKIS, v. FLORIDA REAL ESTATE COMMISSION,, 388 So. 2d 22 (Fla. Dist. Ct. App. 1980)

. . . These letters state that the provisions of Florida Statutes § 475.482, Real Estate Recovery Fund, apply . . . Florida Statutes § 475.482, in part: 475.482 Real Estate Recovery Fund-There is created the Florida Real . . .

LLERA REALTY, INC. J. M. v. BOARD OF REAL ESTATE, 385 So. 2d 1131 (Fla. Dist. Ct. App. 1980)

. . . the consequent penalties to be exacted against those who are not properly registered; and Sections 475.482 . . .