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Florida Statute 475.011 | Lawyer Caselaw & Research
F.S. 475.011 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. 475.011
475.011 Exemptions.This part does not apply to:
(1) Any person acting as an attorney in fact for the purpose of the execution of contracts or conveyances only; as an attorney at law within the scope of her or his duties as such; as a certified public accountant, as defined in chapter 473, within the scope of her or his duties as such; as the personal representative, receiver, trustee, or general or special magistrate under, or by virtue of, an appointment by will or by order of a court of competent jurisdiction; or as trustee under a deed of trust, or under a trust agreement, the ultimate purpose and intent whereof is charitable, is philanthropic, or provides for those having a natural right to the bounty of the donor or trustor.
(2) Any individual, corporation, partnership, trust, joint venture, or other entity which sells, exchanges, or leases its own real property; however, this exemption shall not be available if and to the extent that an agent, employee, or independent contractor paid a commission or other compensation strictly on a transactional basis is employed to make sales, exchanges, or leases to or with customers in the ordinary course of an owner’s business of selling, exchanging, or leasing real property to the public.
(3) Any employee of a public utility, a rural electric cooperative, a railroad, or a state or local governmental agency who acts within the scope of her or his employment, for which no compensation in addition to the employee’s salary is paid, to buy, sell, appraise, exchange, rent, auction, or lease any real property or any interest in real property for the use of her or his employer.
(4) Any salaried employee of an owner, or of a registered broker for an owner, of an apartment community who works in an onsite rental office of the apartment community in a leasing capacity.
(5) Any person employed for a salary as a manager of a condominium or cooperative apartment complex as a result of any activities or duties which the person may have in relation to the renting of individual units within such condominium or cooperative apartment complex if rentals arranged by the person are for periods no greater than 1 year.
(6) Any person, partnership, corporation, or other legal entity which, for another and for compensation or other valuable consideration, sells, offers to sell, advertises for sale, buys, offers to buy, or negotiates the sale or purchase of radio, television, or cable enterprises licensed and regulated by the Federal Communications Commission pursuant to the Communications Act of 1934. However, if the sale or purchase of the radio, television, or cable enterprise involves the sale or lease of land, buildings, fixtures, and all other improvements to the land, a broker or sales associate licensed under this chapter shall be retained for the portion of the transaction which includes the land, buildings, fixtures, and all other improvements to the land.
(7) Any full-time graduate student who is enrolled in a commission-approved degree program in appraising at a college or university in this state, if the student is acting under the direct supervision of a licensed broker or a licensed or certified appraiser and is engaged only in appraisal activities related to the approved degree program. Any appraisal report by the student must be issued in the name of the supervising individual.
(8)(a) An owner of one or part of one or more timeshare periods for the owner’s own use and occupancy who later offers one or more of such periods for resale.
(b) An exchange company, as that term is defined by s. 721.05(15), but only to the extent that the exchange company is engaged in exchange program activities as described in and is in compliance with s. 721.18.
(9) Any person registered, licensed, or certified by the department under part II as an appraiser or trainee appraiser performing appraisals in accordance with that part.
(10) Any person who appraises under the unit-rule method of valuation a railroad or railroad terminal company assessed for ad valorem tax purposes pursuant to s. 193.085.
(11) Any person, partnership, corporation, or other legal entity which, for another and for compensation or other valuable consideration, rents or advertises for rent, for transient occupancy, any public lodging establishment licensed under chapter 509.
(12) Any dealer registered under the Securities and Exchange Act of 1934, as amended, or any federally insured depository institution and any parent, subsidiary, or affiliate thereof, in connection with the sale, exchange, purchase, or rental of a business enterprise to or by a person who is an accredited investor as defined by 15 U.S.C. s. 77b, the Securities Act of 1933, or any regulation adopted thereunder. This exemption applies whether stock or assets of the business enterprise are purchased or sold. The exemption does not apply to a sale, exchange, purchase, or rental of land, buildings, fixtures or other improvements to the land which is not made in connection with the sale, exchange, purchase, or rental of a business enterprise. Any reference to rental in this subsection includes a lease transaction.
(13) Any property management firm or any owner of an apartment complex for the act of paying a finder’s fee or referral fee to an unlicensed person who is a tenant in such apartment complex provided the value of the fee does not exceed $50 per transaction. Nothing in this subsection authorizes an unlicensed person to advertise or otherwise promote the person’s services in procuring or assisting in procuring prospective lessees or tenants of apartment units. For purposes of this subsection, “finder’s fee” or “referral fee” means a fee paid, credit towards rent, or some other thing of value provided to a person for introducing or arranging an introduction between parties to a transaction involving the rental or lease of an apartment unit. It is a violation of s. 475.25(1)(h) and punishable under s. 475.42 for a property management firm or any owner of an apartment complex to pay a finder’s fee or a referral fee to an unlicensed person unless expressly authorized by this subsection.
History.ss. 3, 42, ch. 79-239; ss. 1, 5, ch. 80-307; ss. 2, 3, ch. 81-318; ss. 31, 45, ch. 82-179; s. 3, ch. 85-84; ss. 1, 2, ch. 85-215; s. 1, ch. 86-107; s. 1, ch. 87-205; ss. 2, 28, 30, ch. 88-20; s. 2, ch. 89-368; ss. 3, 10, ch. 91-89; s. 2, ch. 91-289; s. 4, ch. 91-429; s. 3, ch. 93-261; s. 135, ch. 94-119; s. 2, ch. 94-337; s. 362, ch. 97-103; s. 2, ch. 98-250; s. 2, ch. 99-384; s. 7, ch. 2001-179; ss. 2, 23, ch. 2003-164; s. 85, ch. 2004-11; s. 33, ch. 2004-279.

F.S. 475.011 on Google Scholar

F.S. 475.011 on Casetext

Amendments to 475.011


Arrestable Offenses / Crimes under Fla. Stat. 475.011
Level: Degree
Misdemeanor/Felony: First/Second/Third

S475.011 13 - PUBLIC ORDER CRIMES - VIOL REFERRAL FEE EXEMPTION - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

SCHICKEDANZ BROS. RIVIERA LTD. a a v. HARRIS a, 996 So. 2d 884 (Fla. Dist. Ct. App. 2008)

. . . .” § 475.011(2), Fla. Stat. . . .

In VILSACK, R. v. O TBM, 356 B.R. 546 (Bankr. S.D. Fla. 2006)

. . . per year in one or more timeshare plans on behalf of any number of persons, except as provided in ss. 475.011 . . .

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

. . . See § 475.011(11), Fla. . . .

THE FLORIDA BAR RE ADVISORY OPINION- NONLAWYER PREPARATION OF AND REPRESENTATION OF LANDLORD IN UNCONTESTED RESIDENTIAL EVICTIONS, 627 So. 2d 485 (Fla. 1993)

. . . See § 475.011(4), (5), Fla.Stat. (1991). . . . .

J. MUNCH, v. DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,, 592 So. 2d 1136 (Fla. Dist. Ct. App. 1992)

. . . Concluding that, prior to October 1, 1988, Section 475.011(5) “arguably” provided an “exemption” for . . . However, the hearing officer did not reach any conclusion as to whether or not Section 475.011(5) applied . . . The hearing officer concluded that Section 475.011(2) “covers [appellant] as an independent contractor . . . The hearing officer concluded that appellant was entitled to the exemption set forth in Section 475.011 . . . Therefore, Section 475.011(2) is not applicable, and the hearing officer’s conclusion that the Section . . .

BOCKAR, v. SAKOLSKY,, 592 So. 2d 251 (Fla. Dist. Ct. App. 1991)

. . . . § 475.011(2), Fla.Stat. (1989). . . . . § 475.011(2), Fla.Stat. (1989). . . . Further, the exemption provided to Sak-olsky by section 475.011(2), as an owner-seller of real property . . . Section 475.011(2) provides, in the first clause: This chapter does not apply to: * * * s}s $ * (2) Any . . .

ERFMAN, v. DEPARTMENT OF PROFESSIONAL REGULATION,, 577 So. 2d 710 (Fla. Dist. Ct. App. 1991)

. . . At issue is the interpretation of section 475.011(5), Florida Statutes (1988) which allows the following . . .

ROSENBERG, v. C. KUBECK, T. Jr., 541 So. 2d 788 (Fla. Dist. Ct. App. 1989)

. . . Kubeck, acting as the personal representative of Slie’s estate, in which it was asserted that section 475.011 . . . Section 475.011(2) expressly exempts from the chapter any person who sells property he or she owns. . . .

MARKS d b a v. M. S. F. MANAGEMENT CORP. f k a a, 540 So. 2d 138 (Fla. Dist. Ct. App. 1989)

. . . See § 475.011(2), Fla.Stat. (1983); Florida Real Estate Commission v. . . . Section 475.011(2) reads as follows: 475.011 Exemptions.— This chapters does not apply to: ****** (2) . . .

BOCKAR v SAKOLSKY,, 30 Fla. Supp. 2d 96 (Fla. Cir. Ct. 1988)

. . . He cites as grounds for the exemption Section 475.011(2), Fla. Stat. . . .

SHELOMITH, St. v. FRIEDLAND a, 507 So. 2d 804 (Fla. Dist. Ct. App. 1987)

. . . Florida Real Estate Comm’n, 380 So.2d 1052, 1054 (Fla. 1st DCA 1979); § 475.011(2), Fla.Stat. (1985). . . .

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, v. N. SMITH, 471 So. 2d 138 (Fla. Dist. Ct. App. 1985)

. . . broker-salesmen pursuant to chapter 475, unless they fit within the exemptions to chapter 475 provided in section 475.011 . . . 1983, section 721.20 was amended to eliminate the reference to the exemptions set forth in section 475.011 . . . 721.20 to, among other things, reinstate the specific reference to the exemptions provided in section 475.011 . . . if said corporation shall not otherwise be classed as a real estate broker or a salesman. .Section 475.011 . . . real estate salesman, broker, or broker-salesman as defined in s. 475.01, except as provided in s. 475.011 . . .

McINTYRE a v. B. NORMAN,, 429 So. 2d 1296 (Fla. Dist. Ct. App. 1983)

. . . Arnold, 237 So.2d 21 (Fla. 2d DCA 1970); Compare, Section 475.011(2) Florida Statutes (1981). . . .

C. SELLARS, v. FLORIDA REAL ESTATE COMMISSION,, 380 So. 2d 1052 (Fla. Dist. Ct. App. 1979)

. . . chapters 76-168 and 77-457, Laws of Florida, and in doing so amended the “exemption” section as follows: 475.011 . . . Insofar as it is pertinent here, the 1979 amendment simply created a new section 475.011 to list exemptions . . .