reglab/statecodes huggingface dataset:
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-1 - REGISTRATION DETAILS AND FEE STRUCTURE › Section 61J2-1.014 - Inactive Renewal

Current through Reg. 50, No. 138; July 16, 2024
(1) A voluntarily
				inactive licensee may elect to renew as inactive every two years by submitting
				a request to the Department of Business and Professional Regulation (DBPR),
				satisfying the required continuing education, and submitting the fee
				established in Rule 61J2-1.011, Florida
				Administrative Code.
(2) A renewal
				notice will be sent to the licensee's address of record. If a licensee does not
				elect to renew, the status automatically shall revert to involuntarily
				inactive.
(3) An involuntarily
				inactive licensee may renew by submitting a request to the DBPR, complying with
				Rule 61J2-3.010, Florida
				Administrative Code, and submitting the current renewal fee in addition to any
				applicable late fee as established in Rule
				61J2-1.011, Florida
				Administrative Code. When the total period of involuntary inactivity exceeds 2
				years, the license shall automatically expire per Section
				475.183(2),
				Florida Statutes. Ninety days prior to the expiration, the DBPR shall give
				notice to the involuntarily inactive licensee.
Specific Authority
					 475.05,
					 475.183 FS. Law Implemented
					 475.183
					 FS.
New 11-12-81, Formerly 21V-1.14, Amended 10-13-88, 6-28-93,
					 Formerly 21V-1.014, Amended 10-25-98, 8-8-02,
					 10-8-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-1 - REGISTRATION DETAILS AND FEE STRUCTURE › Section 61J2-1.015 - Exemption of Spouses of Members of Armed Forces from Licensure Renewal Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 475.05,
					 475.42,
					 455.02(2) FS.
					 Law Implemented 475.01,
					 475.25,
					 475.42,
					 475.421,
					 475.4511,
					 455.02(2)
					 FS.
New 3-14-85, Formerly 21V-1.15, Amended 6-28-93, Formerly
					 21V-1.015, Repealed 12-26-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-1 - REGISTRATION DETAILS AND FEE STRUCTURE › Section 61J2-1.016 - Review of Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) No later than
				the end of September of each year the Commission shall review the fees in Rule
				61J2-1.011, Florida
				Administrative Code, to ensure the fees are adequate to cover all anticipated
				costs and to maintain a reasonable cash balance as required in Section
				455.219(1),
				Florida Statutes, and defined in Rule
				61-5.002, Florida Administrative
				Code.
(2) If it is determined the
				fees are not adequate to cover all anticipated costs and to maintain a
				reasonable cash balance then an increase in the appropriate fee(s) will be
				proposed or, in the alternative, a one-time fee pursuant to Section
				455.219(2),
				Florida Statutes, will be assessed.
(3) If it is determined that there will be an
				amount in excess of the required reasonable cash balance, then the appropriate
				decrease in the fee(s) will be proposed.
Specific Authority
					 475.05 FS. Law Implemented
					 455.219,
					 475.125
					 FS.
New 2-15-96, Amended
					 1-18-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-2 - INDIVIDUAL APPLICANT'S EXAMINATION RULES › Section 61J2-2.0261 - Refund of Applicant and Registration Fees

Current through Reg. 50, No. 138; July 16, 2024
Upon written request, refunds of fees will be made under the
				  following circumstances and in the following amounts:
(1) The Commission shall refund to the
				applicant, or to the applicant's beneficiary, any portion of the application
				fee not expended in processing the application. Upon a request for refund, if
				applicant's license fee is refunded, applicant's application shall be
				considered null and void.
(2) Any
				fees accepted or collected in error, or in excess of that required, shall be
				refunded.
(3) In the event a
				licensee dies prior to the effective date of a renewal period, the full amount
				of the fee collected for the renewal of licensee's license shall be refunded to
				the beneficiary.
Specific Authority
					 475.125,
					 475.05 FS. Law Implemented
					 475.125,
					 475.175,
					 475.182
					 FS.
New 5-17-84, Formerly 21V-2.261, Amended 10-13-88, 7-20-93,
					 Formerly 21V-2.0261.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-2 - INDIVIDUAL APPLICANT'S EXAMINATION RULES › Section 61J2-2.027 - Applications by Individuals

Current through Reg. 50, No. 138; July 16, 2024
The application of a natural person for active licensure,
				  whether the applicant expects to operate alone, or as a partner, or with a
				  corporation, or as a sales associate, is governed by substantially the same
				  rules and forms.
(1) The applicant
				must meet necessary personal qualifications as follows:
(a) Is 18 years of age or older.
(b) If the application is for broker:
1. Has been registered as an active sales
				associate for at least 24 months during the preceding 5 years under one or more
				brokers;
2. Has held a current and
				valid real estate sales associate's license for at least 24 months during the
				preceding 5 years in the employ of a governmental agency for a salary and
				performing the duties authorized in Chapter 475, F.S.; or
3. Has held a current and valid real estate
				broker's license for at least 24 months during the preceding 5 years in any
				other state, territory, or jurisdiction of the United States, or in any foreign
				national jurisdiction.
(c) Hold a high school diploma or its
				equivalent.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-2 - INDIVIDUAL APPLICANT'S EXAMINATION RULES › Section 61J2-2.029 - Examination Areas of Competency

Current through Reg. 50, No. 138; July 16, 2024
The answers to the Broker, Sales Associate, and Instructor
				  examination shall be graded on the basis of 100 points for a perfect
				  examination. An applicant who receives a grade of 75 points or higher shall be
				  deemed to have successfully completed the licensure examination. The sales
				  associate examination shall be based upon a knowledge, understanding and
				  application of real estate principles and practices, real estate law and real
				  estate mathematics as contained in the Commission prescribed prerequisite
				  education course syllabus for licensure as a real estate sales associate. To
				  the extent these subject areas can reasonably be separated, 45 points shall be
				  based on law, 45 points on principles and practices and 10 points on real
				  estate mathematics. The broker and instructor examinations shall be based upon
				  a knowledge, understanding and application of real estate law, real estate
				  principles and practices including appraising, finance, investment and
				  brokerage management and real estate mathematics. To the extent these subject
				  areas can reasonably be separated, 45 points shall be based on law, 40 points
				  on principles and practices and 15 points on real estate
				  mathematics.
Rulemaking Authority
					 455.2177(1)(b),
					 475.05 FS. Law Implemented
					 455.217(1)(b)
					 FS.
New 1-1-80, Amended 4-13-81, Formerly 21V-2.29, Amended
					 6-28-93, Formerly 21V-2.029, Amended 1-18-00, 2-4-04,
					 8-18-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-2 - INDIVIDUAL APPLICANT'S EXAMINATION RULES › Section 61J2-2.030 - Notice of Denial

Current through Reg. 50, No. 138; July 16, 2024
(1) When an
				application is denied by the Commission, the applicant shall be notified in
				writing through a copy of the order by email, or registered or certified mail,
				or actual service or constructive service. If notification is returned
				unserved, the Department shall attempt again to notify the applicant after
				making reasonable effort to determine the applicant's correct mailing or email
				address.
(2) The order shall
				include the reasons for the denial and advise the applicant has 21 days from
				date of receipt to request a hearing in accordance with Chapter 120,
				F.S.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 120.569,
					 120.60,
					 455.275
					 FS.
New 1-1-80, Formerly 21V-2.30, Amended 6-28-93, Formerly
					 21V-2.030, Amended 11-10-97, 11-1-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-2 - INDIVIDUAL APPLICANT'S EXAMINATION RULES › Section 61J2-2.031 - Where to Apply (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.175
					 FS.
New 9-16-84, Formerly 21V-2.31, Amended 7-20-93, Formerly
					 21V-2.031, Amended 1-19-99, 11-26-03, Repealed
					 12-26-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-2 - INDIVIDUAL APPLICANT'S EXAMINATION RULES › Section 61J2-2.032 - Informal Hearings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05,
					 475.17 FS. Law Implemented
					 455.227(2),
					 475.17,
					 475.25
					 FS.
New 5-7-95, Amended 2-4-04, Repealed
					 10-7-21.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-3 - MINIMUM EDUCATIONAL REQUIREMENTS › Section 61J2-3.008 - Pre-licensing Education for Broker and Sales Associate Applicants

Current through Reg. 50, No. 138; July 16, 2024
(1) Any persons desiring to become licensed
				as a real estate sales associate must satisfactorily complete the
				Commission-prescribed course designated as Course I. This course will consist
				of 63 hours of 50 minutes each, inclusive of examination, in the basic
				fundamentals of real estate principles and practices, basic real estate, and
				license law. This rule sets forth the course approval criteria and
				procedure.
(2)
(a) Any licensed sales associate desiring to
				become licensed as a broker must satisfactorily complete the
				Commission-prescribed course designated as Course II. This course will consist
				of 72 hours of 50 minutes each, inclusive of examination, in the fundamentals
				of real estate appraising, investment, financing, and brokerage and management
				operations.
(b) For all courses
				approved for classroom delivery, 50 minute hours means fifty minutes of
				classroom instruction, exclusive of any breaks, recesses, or other time not
				spent in instruction. Classroom hours are the hours delivered live by an
				instructor in a classroom or by a live streaming or any means of video
				conferencing technology while the students are in attendance.
(c) Any school requesting approval for a live
				streaming course must submit to the DBPR at the time of course submission all
				course materials as well as information on the delivery method and software
				platform being used.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-3 - MINIMUM EDUCATIONAL REQUIREMENTS › Section 61J2-3.011 - Continuing Education for School Instructors

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) Any
				person holding "school instructor" permits shall recertify competency during
				each permit period by satisfactorily completing 7 classroom or distance
				learning hours consisting of 3 hours of Core Law and 4 hours of Instructional
				Techniques as approved by the Commission. A school instructor is not required
				to complete the 7 hours of recertification education as a condition for initial
				permit renewal if the time between the effective date on the initial permit as
				an instructor and the beginning of the initial renewal permit is less than 6
				months. Of the required 7 classroom or distance learning hours, up to 3 hours
				may be applied toward the continuing education core law requirement for
				licensure pursuant to Rule
				61J2-3.009, F.A.C. The
				commission may accept as a substitute for 3 classroom hours of core law, one
				time per renewal cycle, attendance at one legal agenda session of the
				commission. To obtain credit, the licensee must notify the division at least 7
				days in advance of his or her intent to attend. A licensee may not earn any
				continuing education credit for attending a legal agenda session of the
				commission as a party to the disciplinary action.
(b) An Instructor may fulfill the
				Instructional Techniques requirement for the renewal of his or her instructor
				license only by attending a course taught by another
				instructor.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-3 - MINIMUM EDUCATIONAL REQUIREMENTS › Section 61J2-3.012 - Equivalency for Prelicensing Education

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person who has attended an accredited
				college, university, community college, area technical center or a real estate
				school licensed in Florida pursuant to Section
				475.451, F.S., and who, while
				attending said institutions or real estate school, satisfactorily completed
				real estate courses covering substantially the same subject matter, classroom
				hours of attendance, and completion standards as prescribed by the Commission
				in Rule 61J2-3.008, F.A.C., shall be
				deemed to have satisfactorily completed the course.
(2) Any person who has obtained a 4-year
				degree or higher in real estate from an accredited institution of higher
				education which substantially covers the Commission prescribed course subject
				matter at such college or university shall also be deemed to have
				satisfactorily completed the course. Application for equivalency evaluation
				shall be accompanied by an official transcript from the college or university
				or by appropriate certificate issued by a real estate school registered in
				Florida pursuant to Section
				475.451, F.S., showing the real
				estate subjects taken together with date completed and grade attained. The
				Commission may request supportive documentation to determine course
				equivalency.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.17,
					 475.183
					 FS.
New 1-1-80, Amended 9-16-84, Formerly 21V-3.12, Amended
					 6-28-93, Formerly 21V-3.012, Amended 12-30-97, 1-18-00, 4-28-04, 7-28-10,
					 12-24-17.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-3 - MINIMUM EDUCATIONAL REQUIREMENTS › Section 61J2-3.013 - Hardship Cases

Current through Reg. 50, No. 138; July 16, 2024
(1) A physical
				hardship case pertaining to post licensing education includes:
(a) a licensee's long term illness or an
				illness involving a close relative or person for whom the licensee has
				care-giving responsibilities;
(b)
				the required course is not reasonably available; or
(c) the licensee has an economic or
				technological hardship that substantially relates to the ability to complete
				education requirements.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-3 - MINIMUM EDUCATIONAL REQUIREMENTS › Section 61J2-3.016 - Video Tape Quality Standards (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 475.04,
					 475.05,
					 474.17,
					 475.451 FS. Law Implemented
					 475.04,
					 475.451
					 FS.
New 8-24-80, Formerly 21V-3.16, 21V-3.016, Repealed
					 5-4-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-3 - MINIMUM EDUCATIONAL REQUIREMENTS › Section 61J2-3.017 - Video Tape Classroom Viewing Conditions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 475.04,
					 475.05,
					 475.17,
					 475.451 FS. Law Implemented
					 475.04,
					 475.17,
					 475.451
					 FS.
New 8-24-80, Formerly 21V-3.17, Amended 7-20-93, Formerly
					 21V-3.017, Amended 11-16-97, Repealed
					 4-27-08.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-3 - MINIMUM EDUCATIONAL REQUIREMENTS › Section 61J2-3.020 - Post-licensing Education for Active and Inactive Broker and Sales Associate Licensees

Current through Reg. 50, No. 138; July 16, 2024
(1) All applicants
				for licensure who pass a broker or sales associate licensure examination must
				satisfactorily complete a Commission-prescribed post-licensing course prior to
				the first renewal following initial licensure. The licensee must take the
				post-licensing course or courses at an accredited university, college,
				community college, area technical center in this state, real estate school
				registered, pursuant to Section
				475.451, F.S., or
				Commission-approved sponsor ("provider").
(a)
				For a licensed sales associate, the post-licensing education requirement shall
				consist of one or more Commission-approved courses which shall not exceed 45
				hours of 50 minutes each, inclusive of examination, in subjects as provided for
				in Section 475.17(3)(a),
				F.S. Post-licensing courses shall consist of a minimum of 15 hours of
				instruction of 50 minutes each.
(b)
				For a broker, the post-licensing education requirement shall consist of one or
				more Commission-approved courses which shall not exceed 60 hours of 50 minutes
				each, inclusive of examination, in subjects as provided for in Section
				475.17(3)(a),
				F.S.
(c) For all courses approved
				for classroom delivery, 50 minute hours means fifty minutes of classroom
				instruction, exclusive of any breaks, recesses, or other time not spent in
				instruction. Classroom hours are the hours delivered live by an instructor in a
				classroom or by live streaming or any means of video conferencing technology
				while students are in attendance at permitted or approved school
				locations.
(d) Any school
				requesting approval for a distance learning course via live streaming video or
				any other means of video conferencing technology must submit to the DBPR at the
				time of course submission all course materials as well as information on the
				delivery method and software platform being used.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-4 - PARTNERSHIP › Section 61J2-4.007 - Registration Requirements

Current through Reg. 50, No. 138; July 16, 2024
Every partnership shall be registered and at least one of its
				  partners licensed or registered as an active broker. Each partner who expects
				  to deal with the public in the partnership's practice or business as a broker
				  shall hold a valid and current active broker's license or
				  registration.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.01(1)(a),
					 475.15
					 FS.
New 1-1-80, Formerly 21V-4.07, Amended 10-13-88, 6-28-93,
					 Formerly 21V-4.007, Amended 3-8-95,
					 2-4-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-4 - PARTNERSHIP › Section 61J2-4.009 - Incorporation by Reference

Current through Reg. 50, No. 138; July 16, 2024
All of the provisions and requirements of Rules 61J2-5.014
				  through 61J2-5.018, F.A.C. shall apply
				  to partnerships and its partners so far as they may be made applicable by
				  reading into them "partnership" for "corporation" and "partners" for "officers"
				  or "directors."
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.01(1)(a),
					 475.15
					 FS.
New 1-1-80, Formerly 21V-4.09, Amended 7-20-93, Formerly
					 21V-4.009.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-4 - PARTNERSHIP › Section 61J2-4.010 - Successor Partnerships

Current through Reg. 50, No. 138; July 16, 2024
Ordinarily when a partner dies or withdraws, or a new partner
				  is added, that partnership is dissolved and a new one is created. For
				  Commission purposes, if the business is continued by two or more persons, one
				  of whom is an active broker with the partnership, the partnership will be
				  deemed to be continued. In this latter case, it is only necessary to cancel,
				  issue, or reissue registration and licenses, perfecting the changes in
				  organization, including change of name of the partnership, if any, and
				  including a reissue of licenses to each sales associate if there is a change of
				  name or address. If there is dispute between two former partners, or groups
				  thereof, as to the right to use a trade name or firm name, no registration or
				  licenses shall be issued to either until the dispute is settled by agreement or
				  judicially and the registration and licenses of all, as well as the sales
				  associate(s), shall be involuntary inactive until the dispute is so settled, or
				  a request shall be filed for the issuance of registration and licenses under
				  another name.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.01(1)(a),
					 475.15
					 FS.
New 1-1-80, Formerly 21V-4.10, Amended 7-20-93, Formerly
					 21V-4.010, Amended 2-4-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-5 - CORPORATIONS › Section 61J2-5.012 - Domestic Corporations

Current through Reg. 50, No. 138; July 16, 2024
Before initial registration is granted, proof must be
				  furnished of legal corporate existence. Before renewal registration is granted,
				  the Commission may require proof of legal corporate existence. Proof may be by
				  letter from the Secretary of State or by certification.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.161,
					 475.42(1)(k)
					 FS.
New 1-1-80, Formerly 21V-5.12,
					 21V-5.012.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-5 - CORPORATIONS › Section 61J2-5.013 - Foreign Corporation

Current through Reg. 50, No. 138; July 16, 2024
Before registration is granted or, if demanded, renewal
				  registration is issued to a foreign corporation, and licenses to its active
				  officers and directors, proof shall be filed that the corporation is authorized
				  to do business in the State of Florida. A letter from the Secretary of State
				  shall be deemed to be sufficient proof.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.161,
					 475.42(1)(k)
					 FS.
New 1-1-80, Formerly 21V-5.13,
					 21V-5.013.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-5 - CORPORATIONS › Section 61J2-5.014 - Registration of Corporation

Current through Reg. 50, No. 138; July 16, 2024
Unless the Commission or Department shall have information
				  that the corporation has been in violation of Chapters 475 and 455, F.S., or
				  the rules promulgated under said chapters, it will be assumed to be qualified
				  for registration if its officers and directors are qualified and if the answers
				  to questions in the application, or in supplemental inquiries, are
				  satisfactory. Otherwise, investigation and other proceedings, as in cases of
				  individual applicants, shall commence. No registration shall be granted or
				  renewed for any corporation if it shall appear that the individual(s) having
				  control of the corporation has been denied, revoked, or suspended and not
				  reinstated, or if a person having control of the corporation has been convicted
				  of a felony in any court and has not had civil rights restored for at least 5
				  years, or if an injunction has been entered against the individual for
				  operating as a real estate licensee without a license. A person shall be deemed
				  to be in control of a corporation where such person or spouse, children, or
				  member of the household shall own or control, directly or indirectly, more than
				  40 percent of the voting stock of such corporation.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 455.227(2),
					 475.15,
					 475.17(1)
					 FS.
New 1-1-80, Amended 7-15-84, Formerly 21V-5.14, Amended
					 7-20-93, Formerly 21V-5.014, Amended
					 12-22-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-5 - CORPORATIONS › Section 61J2-5.015 - License Status of Officers and Directors Required

Current through Reg. 50, No. 138; July 16, 2024
All officers and directors of a real estate brokerage
				  corporation, domestic or foreign, shall be registered. No registration shall be
				  issued to the corporation or licenses to any officer or director, unless the
				  corporation shall cause to register, and biennially renew the license of at
				  least one active officer. A foreign corporation shall biennially present proof
				  that at least one active officer, holding a valid and current active license,
				  or for whom such a license is requested, is authorized to transact brokerage
				  business in the State of Florida, and to bind the corporation with respect to
				  such business.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.15
					 FS.
New 1-1-80, Formerly 21V-5.15, Amended 7-20-93, Formerly
					 21V-5.015, Amended 2-24-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-5 - CORPORATIONS › Section 61J2-5.016 - License Status of Active Officers and Directors

Current through Reg. 50, No. 138; July 16, 2024
Officers and directors who expect to be active must qualify
				  and become licensed in the same manner and procedure as any other applicant for
				  active license. No registration shall be issued to the corporation or
				  partnership unless every broker licensed with the corporation or partnership is
				  registered as an officer, director or partner of the corporation or
				  partnership. No sales associate or broker associate may be registered as an
				  officer, director of a brokerage corporation or general partner of a brokerage
				  partnership.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.15,
					 475.161
					 FS.
New 1-1-80, Amended 7-15-84, 6-9-85, Formerly 21V-5.16,
					 Amended 6-28-93, Formerly 21V-5.016, Amended
					 4-15-04.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-5 - CORPORATIONS › Section 61J2-5.017 - Registration of Inactive Officers and Directors

Current through Reg. 50, No. 138; July 16, 2024
Individual applications for renewal shall not be required of
				  inactive officers and directors of a corporation. Registration shall be
				  maintained upon the representations contained in the application or request for
				  renewal by the corporation.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.15,
					 475.183
					 FS.
New 1-1-80, Formerly 21V-5.17, Amended 6-28-93, Formerly
					 21V-5.017.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-5 - CORPORATIONS › Section 61J2-5.019 - Responsibility for Registration Status

Current through Reg. 50, No. 138; July 16, 2024
(1) It
				shall be the duty of every active corporate officer and director to see that
				the corporation and each of its officers, directors and salespersons are
				holders of current registration and licenses. It shall be the duty of every
				active broker partner of a partnership to see that each partner of a
				partnership required to hold registration and license does in fact hold
				registration and license.
(2) No
				corporate registration or license of any of its officers, directors, and
				salespersons shall be valid unless and until such corporation has an active
				broker other than as provided in Rule
				61J2-5.018, F.A.C.
(3) The registration of such partnership
				shall be cancelled automatically during that period of time that at least one
				partner is not the holder of a current and valid active broker's
				license.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.01(1)(a),
					 475.15,
					 475.31,
					 475.42
					 FS.
New 1-1-80, Formerly 21V-5.19, Amended 6-28-93, Formerly
					 21V-5.019.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-5 - CORPORATIONS › Section 61J2-5.020 - Execution of Papers by Corporation

Current through Reg. 50, No. 138; July 16, 2024
All applications, requests, changes of address and employment
				  for salespersons, or other papers and documents required of corporations, shall
				  be signed in the name of the corporation, by an active broker officer or
				  director.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.15,
					 475.23,
					 475.42
					 FS.
New 1-1-80, Formerly 21V-5.20, Amended 7-20-93, Formerly
					 21V-5.020, Amended 9-10-23.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-6 - SALESPERSONS › Section 61J2-6.006 - Employment by More Than One Entity

Current through Reg. 50, No. 138; July 16, 2024
(1) A
				salesperson or broker-salesperson may only be employed by one broker or by one
				owner-developer. Owner-developers shall be defined as any of those unlicensed
				entities enumerated in s.
				475.011(2),
				F.S.
(2) One owner-developer may
				produce proof that various properties are owned in the name of various
				entities, but all such entities are so connected, subsidiary, interlocking or
				affiliated, so that such ownership or control, for practical purposes, is
				substantially in the same individual or individuals, in which case a
				salesperson or broker-salesperson may have a group license. Each entity shall
				execute the certificate attached to the request for a group
				license.
Specific Authority
					 475.05 FS. Law Implemented
					 475.01(1)(d),
					 475.011(2)
					 FS.
New 1-1-80, Amended 9-17-81, Formerly 21V-6.06, Amended
					 6-28-93, Formerly 21V-6.006.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-9 - REISSUANCE OF CERTIFICATE › Section 61J2-9.0061 - Change of Address (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53(1),
					 475.05 FS. Law Implemented
					 475.23
					 FS.
New 1-1-80, Amended 5-25-83, Formerly 21V-9.061, Amended
					 6-28-93, Formerly 21V-9.0061, Repealed
					 11-10-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-9 - REISSUANCE OF CERTIFICATE › Section 61J2-9.007 - Change of Name

Current through Reg. 50, No. 138; July 16, 2024
If a name or trade name is lawfully changed, a request for
				  the reissuance of the license or registration shall be filed, and the license
				  or registration shall be reissued.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.15,
					 475.25,
					 475.42,
					 475.125
					 FS.
New 1-1-80, Formerly 21V-9.07, Amended 6-28-93, Formerly
					 21V-9.007.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.016 - Title (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.25
					 FS.
New 1-1-80, Formerly 21V-10.16, Amended 7-20-93, Formerly
					 21V-10.016, Repealed 1-18-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.017 - Mortgage Releases (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.25
					 FS.
New 1-1-80, Formerly 21V-10.17, Amended 7-20-93, Formerly
					 21V-10.017, Repealed 1-18-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.018 - Promises to Resell (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.25
					 FS.
New 1-1-80, Formerly 21V-10.18, Amended 7-20-93, Formerly
					 21V-10.018, Repealed 1-18-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.019 - Lotteries (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.25
					 FS.
New 1-1-80, Formerly 21V-10.19, Amended 6-28-93, Formerly
					 21V-10.019, Repealed 1-18-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.020 - Free Lot Schemes (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.25
					 FS.
New 1-1-80, Formerly 21V-10.20, Amended 6-28-93, Formerly
					 21V-10.020, Repealed 1-18-00.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.022 - Office

Current through Reg. 50, No. 138; July 16, 2024
The required office, pursuant to Section
				  475.22(1),
				  F.S., may be in a residential location, if not contrary to local zoning
				  ordinances, provided the minimum office requirements are met and the required
				  broker's sign is properly displayed, pursuant to Section
				  475.22(1), F.S.
				  Sales associates must be registered from and work out of an office maintained
				  and registered in the name of the employer.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.22
					 FS.
New 1-1-80, Formerly 21V-10.22, Amended 7-20-93, Formerly
					 21V-10.022, Amended 12-30-97, 2-4-04,
					 11-5-12.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.023 - Branch Office

Current through Reg. 50, No. 138; July 16, 2024
(1) If a broker
				desires to conduct business from more than one office, each additional office
				must be registered as a branch office, and the fee must be paid for its
				registration, as provided in subsection
				61J2-1.011(3),
				F.A.C.
(2) A mere temporary
				shelter, on a subdivision being sold by the broker, for the protection of
				salespersons and customers and at which transactions are not closed and
				salespersons are not permanently assigned, is not deemed to be a branch office.
				The permanence, use, and character of activities customarily conducted at the
				office or shelter shall determine whether it must be registered.
(3) If a broker closes a branch office and,
				at about the same time, establishes another at a different location, the
				registration of the office which was closed may not be transferred. Such new
				location is a new branch office which must be registered and the fee paid as
				though the other had not been closed. Upon application to the Department, the
				broker may reopen the first office at any time during the license period
				without payment of an additional fee. Application may be made utilizing Form
				DBPR RE 8, Application for Branch Office, which is incorporated by reference in
				Department subsection
				61-35.027(7),
				F.S.
Rulemaking Authority
					 475.05 FS. Law Implemented
					 475.23,
					 475.24
					 FS.
New 1-1-80, Formerly 21V-10.23, Amended 6-28-93, Formerly
					 21V-10.023, Amended 12-30-97, 12-22-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.024 - Office Entrance Signs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.53,
					 475.05 FS. Law Implemented
					 475.22
					 FS.
New 1-1-80, Amended 2-17-81, Formerly 21V-10.24, Amended
					 9-26-88, 10-15-91, 6-28-93, Formerly 21V-10.024, Repealed
					 3-15-06.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.025 - Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1) All advertising must be in a manner in
				which reasonable persons would know they are dealing with a real estate
				licensee. All real estate advertisements must include the licensed name of the
				brokerage firm. No real estate advertisement placed or caused to be placed by a
				licensee shall be fraudulent, false, deceptive or misleading.
(2) When the licensee's personal name appears
				in the advertisement, at the very least the licensee's last name must be used
				in the manner in which it is registered with the Commission.
(3)
(a)
				When advertising on a site on the Internet, the brokerage firm name as required
				in subsection (1), above, shall be placed adjacent to or immediately above or
				below the point of contact information. "Point of contact information" refers
				to any means by which to contact the brokerage firm or individual licensee
				including mailing address(es), physical street address(es), email address(es),
				telephone number(s) or facsimile telephone number(s).
(b) The remaining requirements of subsections
				(1) and (2), apply to advertising on a site on the
				Internet.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.026 - Team or Group Advertising

Current through Reg. 50, No. 138; July 16, 2024
(1) "Team
				or group advertising" shall mean a name or logo used by one or more real estate
				licensees who represent themselves to the public as a team or group. The team
				or group must perform licensed activities under the supervision of the same
				broker or brokerage.
(2) Each team
				or group shall file with the broker a designated licensee to be responsible for
				ensuring that the advertising is in compliance with Chapter 475, F.S., and
				Division 61J2, F.A.C.
(3) At least
				once monthly, the registered broker must maintain a current written record of
				each team's or group's members.
(4)
				Team or group names. Real estate team or group names may include the word
				"team" or "group" as part of the name. Real estate team or group names shall
				not include the following words:
(a)
				Agency
(b) Associates
(c) Brokerage
(d) Brokers
(e) Company
(f) Corporation
(g) Corp.
(h) Inc.
(i) LLC
(j) LP, LLP or Partnership
(k) Properties
(l) Property
(m) Real Estate
(n) Realty
(o) Or similar words suggesting the team or
				group is a separate real estate brokerage or company
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.027 - Use of Association Names

Current through Reg. 50, No. 138; July 16, 2024
No licensee shall use an identification or designation of any
				  association or organization having to do with real estate unless entitled to
				  use such identification or designation.
Specific Authority
					 475.05 FS. Law Implemented
					 475.25(1)(b)
					 FS.
New 1-1-80, Formerly 21V-10.27, Amended 7-20-93, Formerly
					 21V-10.027.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.028 - Kickbacks or Rebates

Current through Reg. 50, No. 138; July 16, 2024
(1) Any real estate
				licensee who receives, or makes any arrangement or agreement to receive,
				directly or indirectly, any kickback or rebate, for the placement of, or favor
				in, any business transaction which forms a part of, or is incident to, any
				transaction(s) negotiated or handled by said licensee, is a violation of
				Section 475.25(1)(b) or
				(d), Florida Statutes, or both of said
				subsections of the Florida Statutes, unless prior to the time of the placement
				of, or favor in, said business transaction, the licensee shall have fully
				advised the principal if any and all affected parties in the transaction(s),
				which the licensee is handling, of all facts pertaining to the arrangement of
				kickbacks or rebates.
(2) The
				sharing of brokerage compensation by a licensee with a party to the real estate
				transaction with full disclosure to all interested parties is not considered a
				violation of Chapter 475, Part I, Florida Statutes.
Specific Authority
					 475.05 FS. Law Implemented
					 475.25(1)(b),
					 (d)
					 FS.
New 1-1-80, Formerly 21V-10.28, Amended 6-28-93, Formerly
					 21V-10.028, Amended 12-30-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.029 - Advance Fee Accounting and Reporting Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Specific Authority
					 475.05 FS. Law Implemented
					 475.452(1), (2),
					 (3)
					 FS.
New 1-1-80, Formerly 21V-10.29, Amended 10-28-90, 7-20-93,
					 Formerly 21V-10.029, Amended 11-10-97, 1-18-00, 2-4-04, Repealed
					 9-6-07.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.030 - Rental Information

Current through Reg. 50, No. 138; July 16, 2024
(1) Each broker or
				sales associate who furnishes a rental information list to a prospective tenant
				for a fee paid by the tenant shall provide such prospective tenant with a
				written contract or receipt agreement containing the following provision in
				type size 10 point bold or larger:
NOTICE
PURSUANT TO FLORIDA LAW:
If the rental information provided under this contract is not
				  current or accurate in any material aspect, you may demand within 30 days of
				  this contract date a return of your full fee paid. If you do not obtain a
				  rental you are entitled to receive a return of 75% of the fee paid, if you make
				  demand within 30 days of this contract date.
(2) Each contract or receipt agreement shall
				be contained on one side of one page not larger than 8 1/2 x 11 inches. The
				type size of the balance of the terms of the contract shall be in a size not
				smaller than 8 point type.
Each licensee shall furnish to the Department a copy of the
				  current contract or receipt agreement within 30 days of use of such
				  agreement.
Rulemaking Authority
					 475.05,
					 475.453(2) FS.
					 Law Implemented 475.453(1), (2)
					 FS.
New 1-1-80, Formerly 21V-10.30, Amended 6-28-93, Formerly
					 21V-10.030, Amended 11-20-07, 12-22-20.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.031 - Time for Payment of Administrative Fines and Costs

Current through Reg. 50, No. 138; July 16, 2024
In cases where the Commission imposes an administrative fine
				  and costs, if any, for violation of Chapters 455 and 475, F.S., or the rules
				  promulgated thereunder, the fine and costs shall be paid within 30 days of the
				  filing of the final order unless directed otherwise by the
				  Commission.
Rulemaking Authority
					 455.227(3)(b)
					 FS. Law Implemented 455.227(3)
					 FS.
New 2-25-80, Formerly 21V-10.31, Amended 7-20-93, Formerly
					 21V-10.031, Amended 12-30-97.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.032 - Notice Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) A real estate broker, upon receiving
				conflicting demands for any trust funds being maintained in the broker's escrow
				account, must provide written notification to the Commission within 15 business
				days of the last party's demand and the broker must institute one of the
				settlement procedures as set forth in Section 475.25(1)(d)1., F.S., within 30
				business days after the last demand.
(b) A broker, who has a good faith doubt as
				to whom is entitled to any trust funds held in the broker's escrow account,
				must provide written notification to the Commission within 15 business days
				after having such doubt and must institute one of the settlement procedures as
				set forth in Section 475.25(1)(d)1., F.S., within 30 business days after having
				such doubt. The determination of good faith doubt is based upon the facts of
				each case brought before the Commission.
(c) If one of the parties to a failed real
				estate sales transaction does not respond to the broker's inquiry as to whether
				that party is placing a demand on the trust funds or is willing to release them
				to the other party, the broker may send a certified Notice, return receipt
				requested to theaddress of record or email address of record shown with the
				DBPR to the non-responding party. This Notice shall include the information
				that a demand has been placed by the other party; that a response must be
				received by the seventh business day following dispatch of the Notice, as
				defined below; and show the contacting broker's mailing address, phone number,
				and email address. A failure to respond to the Notice within seven business
				days will be construed as authorization for the broker to release the funds to
				the other party.
Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61J2 - Florida Real Estate Commission › Chapter 61J2-10 - OPERATION, BUSINESS AND OFFICES › Section 61J2-10.033 - Agency Disclosure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 475.05,
					 475.25 FS. Law Implemented
					 475.25
					 FS.
New 10-13-88, Formerly 21V-10.033, Repealed
					 2-20-95.