Florida/Georgia Personal Injury & Workers Compensation

...result of Defendant SunTrust's negligent misrepresentation (Count VII); (8) damages as a result of Defendant SunTrust and Defendant GREC's civil conspiracy (Count VIII); (9) damages as a result of GREC's professional negligence under Florida Statute § 475.01(1)(a) (Count IX); (10) damages as a result of Defendant GREC's breach of fiduciary or statutory duty under Florida Statute §§ 475.01(1) and 475.278 (Count X); (11) damages as a result of Defendant GREC's constructive Fraud under for violation of Florida Statute §§ 475.01(1) and 475.278 (Count XI); (12) damages as a result of Defendant GREC's breach of contract (Count XI I); (13) damages as a result of Defendant GREC's unjust enrichment (Count XIII); (14) damages as a result of Defendant GREC's Negligent pro...

...f said lands. "It is the opinion of the court that the plaintiff, by the performance of these services, is assisting in the procuring of prospects (for the purchase of real property of Gulf American Land Corporation) within the intent and meaning of section 475.01, Florida Statutes [F.S.A.]." No error has been assigned or argued as to these findings of fact. Section 475.01(2), Florida Statutes, 1961, F.S.A., provides in part: "(2) * * * and every person who shall take any part in the procuring of sellers, purchasers, lessors or lessees of the real property, or interests therein, including mineral rights...

...The specific activities of the appellant constituted the first and very important step in a field of endeavor which lends itself logically to the safeguards of the regulatory measures of the Florida Real Estate Commission. Foulk v. Fla. Real Estate Commission (1959 Fla.App.) 113 So.2d 714; Section 475.01(2), Fla....

...ities of the qualified realtor, encroachment by the realtor on the field of the attorney, or oppressive requirement that persons engaged in all real estate transactions employ members of the bar. At the very outset we should turn to paragraph two of Section 475.01, Florida Statutes, 1941, and F.S.A....

...te transaction. Chapter 10233, Acts of 1925, as amended by Chapter 11336, Acts of 1925, Chapter 12223, Acts of 1927, now Chapter 475, Florida Statutes 1941, F.S.A., Chapter 22861, Acts of 1945 and Chapter 24090, Acts of 1947 are also pertinent. *608 Section 475.01(2) is the governing law as to real estate brokers and is as follows: (2) "Every person who shall * * * for a compensation * * * appraise, auction, sell, exchange, buy or rent, * * * negotiate the sale, exchange, purchase or rental of a...

...r tenancies at sufference and other instruments requiring any degree of legal advice or technical skill. The act and regulations pursuant to it require a lawyer for these. Real estate brokers are in terms prohibited from giving opinion as to titles. Section 475.01(2) of the Act leaves the lawyer as *609 he has always been....

...te, and the term may be defined in different statutes or for different purposes. See 73 C.J.S. Property § 2, p. 152. For example, Fla. Stat., § 421.03(12), F.S.A. defines "real property" for the purposes of the housing authorities law; Fla. Stat., § 475.01(11), F.S.A....

...that it ever expressly, impliedly, or constructively authorized such acts, it raises questions of fact sufficient to state a meritorious defense. We find no merit in Pedro Realty's alternative argument. Pedro Realty may not consistently admit under Section 475.01, Florida Statutes (1980 Supp.) [2] that the party *370 in question is a registered salesman and that a business relationship existed between them, but that the relationship was merely one of independent contractor....

...ting forth a meritorious defense, refusal to set aside default is error. Reversed and remanded for further proceedings consistent with this opinion. NOTES [1] This court determined we had jurisdiction pursuant to Fla.R.App.P. 9.130(a)(3)(C)(iv). [2] Section 475.01(4) Fla....

...el and motel clerks who are exempt from the real estate licensing law by virtue of F.S. Section 509.241(5), F.S.A. The analogy is not without some persuasiveness, but the courts are not free to graft exceptions onto the rather plain language of F.S. Section 475.01, F.S.A....

...ORDER ON MOTION OF THE AMERICAN RESORT AND RESIDENTIAL DEVELOPMENT ASSOCIATION TO INTERVENE, OR, IN THE ALTERNATIVE, TO APPEAR AS AMICUS CURIAE PAINE, District Judge. Plaintiffs, RESORT TIMESHARE RESALES, INC., and LAWRENCE COHEN (collectively "RTR") have sued to challenge the constitutionality of Section 475.01(1)(c), Florida Statutes, which, pursuant to an amendment effective October 1, 1989 (the "Amendment"), requires persons who advertise timeshare units for sale or rent to obtain a real estate broker's license. A violation of Section 475.01(1)(c), as amended, is punishable as a second degree misdemeanor....

...(d) any unusual circumstances that affect timeliness. Walker v. Jim Dandy Co., 747 F.2d 1360, 1365 (11th Cir.1984), citing Stallworth v. Monsanto Co., 558 F.2d 257, 264-66 (5th Cir.1977). a. Delay RTR alleges that it first filed a lawsuit concerning Section 475.01(1)(c) in Florida Circuit Court on September 15, 1989....

...766, 772 (E.D.Wisc.1978). More importantly, RTR has failed to show that ARRDA's delay in seeking intervention has significantly prejudiced its cause. Pursuant to the preliminary injunction, RTR has continuously operated its business free from the licensing requirements of Section 475.01(1)(c)....

...nts to Section 475, Florida Statutes, and other statutes under consideration around the Country." Motion at 3-5. Yet ARRDA's lobbying interest in potential future legislation is no more protectable *1500 than its interest in the current amendment to Section 475.01(1)(c)....

...and RTR, any adversity to ARRDA's position, or any lack of competence on their part. See Florida Power & Light Co. v. Belcher Oil Co., 82 F.R.D. 78, 81 (S.D.Fla.1979). Because STUART and BUTTERWORTH can be expected to defend the constitutionality of Section 475.01(1)(c), ARRDA's interest is adequately represented....

...[3] The Eleventh Circuit, in the en banc decision Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981), adopted as precedent decisions of the former Fifth Circuit rendered prior to October 1, 1981. [4] ARRDA does not claim that it represents only individuals who will be economically harmed if Section 475.01(1)(c) is declared unconstitutional....

...Appellants argued that REMAX breached this obligation by disclosing the information to the Sprouls. A transaction broker is a "broker who provides limited representation to a buyer, a seller or both, in a real estate transaction, but does not represent either in a fiduciary capacity or as a single agent." § 475.01(1)(m), Fla....

...The position of the appellant is that the Florida statutes do not contain a prohibition against a Florida broker using the services of duly licensed brokers in other states provided the services in the State of Florida are performed by the principal broker who is licensed here. On the other hand, appellees maintain that § 475.01, Fla....

...d the above-quoted remarks appropriate to the situation here considered. *351 We need now turn our attention to the applicable provisions of Chapter 475 of the Florida Statutes, F.S.A., which encompasses the real estate licensing laws of this state. Section 475.01(2) thereof sets forth those activities which are deemed to be those of a "real estate broker" and for which, consequently, a license is required....

...ustice require that the plaintiff be given an opportunity to amend his second count. For the reasons stated, the order dismissing plaintiff's second amended complaint is reversed and the cause is remanded for further proceedings. Reversed. NOTES [1] § 475.01 is in part as follows: "(2) Every person who shall, in this state, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a comp...

...a `real estate salesman,' as hereinafter classified * * *." [2] § 475.41 provides: "475.41 Contracts of unregistered person for commissions invalid. No contract for a commission or compensation for any act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall have complied with this chapter in regard to registration and renewal of the certificate at the time the act or service was performed." [3] It is to be noted that in 1961 (subsequent to all...

...llsborough County, Florida. We have jurisdiction of the appeal pursuant to Article V, Section 3(b)(1), Florida Constitution, and Rule 2.1(a)(5)(a), Florida Appellate Rules, in that the circuit court initially and directly passed upon the validity of Section 475.01(2), Florida Statutes, [1] by holding that such subsection is unconstitutional as applied to the appellees under the particular facts of the instant case....

...s and on signs posted on the subject property. Mid-State alleges that, if it had to rely on the conventional brokerage fee system, the houses would have to be abandoned or substantial losses incurred. The issue presented on this appeal is whether subsection 475.01(2), Florida Statutes, is unconstitutional as sought to be enforced against appellees. The Circuit Court answered this query in the affirmative and we concur. Appellant maintains that subsection 475.01(2), Florida Statutes, is neither unconstitutional vel non nor as it is applied to the appellees....

...ority and jurisdiction over members of the legal profession. However, the precise question presented in this appeal was not before the Court in the Rose case, supra, and, therefore, that decision is not dispositive of the issue here presented. By subsection 475.01(2), Florida Statutes, the Legislature has granted several exceptions from its definition of a "real estate broker" and a "real estate salesman", each of which by further provisions of Chapter 475, Florida Statutes, are required to be licensed....

...argument can be maintained successfully where an injured third party has direct recourse to the owner for the actions of the employee. Even if the foregoing argument were not persuasive, the assertion by the appellant that the statutory scheme of subsection 475.01(2), Florida Statutes, protects the public in real estate transactions with a corporate owner of real estate is not efficacious....

...withstand constitutional scrutiny in other like contexts. Corporations, like individuals, possess the absolute right to own and sell real property. Section 608.13(8)(a), Florida Statutes. I would hold, therefore, that the "one officer" limitation of Section 475.01(2), Florida Statutes (1975), denies equal protection of the laws to any corporation which owns and seeks to sell real property in this state. BOYD, Justice (dissenting). I respectfully dissent. Whether it is proper for the State to require those engaging in real estate activities stated in Section 475.01(2), Florida Statutes, to demonstrate their qualifications should be a matter of public policy determined by the Legislature and not by the courts....

...inue to be the facts in the case... . 2 Fla.Jur. Appeals § 398 (1963) (footnote omitted) When this case was first before the Court, the Court necessarily ruled the statute constitutional as applied to appellees, even though the constitutionality of Section 475.01(2), Florida Statutes (1975) [*] was not discussed....

...an through registered real estate sales-persons. The trial court concluded that no statute required Mid-State Homes, Inc. to deal through registered real estate salespersons, and entered judgment accordingly. The Commission appealed, contending that Section 475.01(2), Florida Statutes (1975) should not be construed to exempt employees of Mid-State Homes, Inc....

...In affirming the trial court's judgment, the majority flies in the teeth of settled principles of appellate procedure and invites evasion of the mandates of all Florida appellate courts. I respectfully dissent. NOTES [1] For our purposes the pertinent portions of Section 475.01, Florida Statutes, are as follows: "(2) Every person who shall, in this state, for another, and for a compensation ......

...Affirmed. NOTES [1] The entire text of Fla. Stat. § 475.41, F.S.A., is as follows: "475.41 Contracts of unregistered person for commissions invalid. — No contract for a commission or compensation for any act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall have complied with this chapter in regard to registration and renewal of the certificate at the time the act or service was performed."

...ion, or to dictate the sequence of the words used within the names submitted for registration. We hold that it does not, and that the duty to place the name of a broker in good standing on the registration list is purely ministerial. Florida Statute § 475.01(4) requires the Commission keep a registration list showing the names and addresses of salesmen and brokers....

...acquired by foreclosure or deed. These two are not officers of Mid-State and do not receive any bonus or commission for getting such purchasers. Petitioner Florida Real Estate Commission contends Mid-State and Bigsby and Bullara are in violation of Section 475.01(2), Florida Statutes, F.S.A., since they are not registered with it as real estate brokers or salesmen....

...The Legislature, rather than the courts, has the constitutional latitude to consider after careful hearings the entire subject and resulting effects involved in amending and making exceptions to regulatory statutes. No better exposition of the meaning and purpose of F.S. Section 475.01(2), F.S.A....

...A formal hearing was held on June 27, 1990. At the commencement of the hearing, appellant's "Motion to Dismiss/Quash" was argued and denied. Also at the commencement of the hearing, appellant's counsel stated that appellant was relying on an "exemption" contained in Section 475.011(5), Florida Statutes, as well as upon the argument that the acts which were the basis for the complaint were governed by Part VIII of Chapter 468 and, therefore, could not be prosecuted as violations of Chapter 475. Prior to October 1, 1988, Section 475.011(5), Florida Statutes, had read: This chapter does not apply to: ......

...t if such manager is acting on behalf of a tenant owning or having an interest in no more than one unit within the condominium or cooperative apartment and if rentals arranged by him are for periods no greater than 1 year. Effective October 1, 1988, Section 475.011(5) was amended to read: This chapter does not apply to: ......

...to the renting of individual units within such condominium or cooperative apartment complex if rentals arranged by him are for periods no greater than 1 year. Ch. 88-20, § 2, Laws of Fla. (emphasis added). Concluding that, prior to October 1, 1988, Section 475.011(5) "arguably" provided an "exemption" for appellant, the hearing officer ruled that the Department would be limited, in attempting to prove the allegations contained in its complaint, to events which occurred after October 1, 1988....

...Four Seasons retained $7,100.00, the amount which it claimed it was owed by Sand Dollar. Subsequently, Sand Dollar sued Four Seasons over the $7,100.00 claim and [appellant] paid the money into Sand Dollar's attorney's trust account. In his "Conclusions of Law," the hearing officer initially notes that Section 475.01(1)(c), Florida Statutes, includes in the definition of "Broker" one who rents, or advertises for rental, real property; and that appellant "advertised apartments for rent, rented apartments, and collected rents." The hearing officer then discusses the exemption set forth in Section 475.011(5), as it applies to activities after the effective date of the 1988 amendment; and appellant's argument that his actions were governed by Part VIII of Chapter 468, rather than by Chapter 475. However, the hearing officer did not reach any conclusion as to whether or not Section 475.011(5) applied to exempt appellant's activities from Chapter 475 after the 1988 amendment; or whether or not Part VIII of Chapter 468, rather than Chapter 475, applied to appellant's activities. Instead, he concluded *1140 that appellant's activities were exempt from Chapter 475 by virtue of Section 475.011(2), which reads: This chapter does not apply to: ......

...n 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. The hearing officer concluded that Section 475.011(2) "covers [appellant] as an independent contractor if he does not receive compensation or a commission on a strictly transactional basis." He further concluded "that commission exclusion is limited to those whose total compensation i...

...was paid $2,000.00 per month as "salary" plus a monthly "commission" based upon gross monthly rents, the hearing officer reached the ultimate conclusions that the exception to the exemption did not apply to appellant; that the exemption set forth in Section 475.011(2) did apply to appellant; and, therefore, that appellant had not violated Section 475.25(1)(e)....

...lusions of law; nor was it required to do so (although it might well have been of help to this Court had the Commission provided an explanation). The hearing officer reached two determinative legal conclusions: first, that the exemption set forth in Section 475.011(2), Florida Statutes, applied to appellant and, therefore, appellant had not violated Section 475.25(1)(e), Florida Statutes, as charged in Count II of the complaint; and, second, that there was no evidence to support the charge, made...

...breach of trust in a business transaction," in violation of Section 475.25(1)(b), Florida Statutes. [2] We shall address each of these conclusions in turn. *1143 The hearing officer concluded that appellant was entitled to the exemption set forth in Section 475.011(2). The Department argues (for the first time on appeal) that this conclusion was erroneous because the hearing officer overlooked the fact that Section 475.011(2) applies only if an "individual, corporation, partnership, trust, joint venture, or other entity," either itself or through "an agent, employee, or independent contractor," "sells, exchanges, or leases its own real property " (emphasis added)....

...Because, according to the Department, appellant was neither leasing his "own real property" nor leasing the real property of the condominium association for which he was acting (but, instead, was leasing the real property of many individual unit owners), the exemption afforded by Section 475.011(2) is clearly not available to appellant. We agree. The clear language of Section 475.011(2) establishes an intent to limit its application to sales, exchanges or leases by an individual or entity of "its own real property." The evidence establishes unequivocally that, while appellant (as Four Seasons) was acting on behalf of the condominium association (as its "agent" or as an "independent contractor"), the real property being leased consisted of units owned by many individuals, rather than by the association. Therefore, Section 475.011(2) is not applicable, and the hearing officer's conclusion that the Section afforded an exemption to appellant was erroneous....

...ember 26, 1988. We are unable to say that appellant's expressed belief that his activities did not relate to his status as a real estate salesman was unreasonable. Prior to October 1, 1988, such activities had been exempt from Chapter 475 because of Section 475.011(5)....

...ification until October 1, 1988." On September 26, 1988, appellant became licensed as a "community association manager." Considering all of this, it is certainly understandable why one might not have realized that the relatively obscure amendment to Section 475.011(5) which became operative on October 1, 1988, had the effect for the first time of bringing within the jurisdiction of the Commission certain limited types of rental activities of condominium managers, in certain limited situations....

...Although the Commission erroneously concluded that there was sufficient evidence to sustain a finding of guilt as to Count I of the complaint and, therefore, erroneously rejected the hearing officer's findings and conclusions in that regard; as we have already discussed, the Commission correctly concluded that Section 475.011(2), Florida Statutes, did not afford an exemption to appellant and, therefore, it was free to reject the hearing officer's conclusion that the charge made in Count II of the complaint had not been proved....

...REVERSED and REMANDED, with directions. SHIVERS and ZEHMER, JJ., concur. NOTES [1] Although not challenged on appeal, we note that this ruling was correct. Erfman v. Department of Professional Regulation, 577 So.2d 710, 711 (Fla. 5th DCA 1991) ("Before [Section 475.011(5)] was changed in 1988 managers of condominium buildings were exempt from licensing requirements and thus could receive commissions on rentals.") [2] Two additional legal arguments presented by appellant to support the position that...

..., Florida Statutes, were discussed by the hearing officer. However, the hearing officer reached no conclusion as to either, presumably because he believed that it was unnecessary to do so, having found that appellant qualified for an exemption under Section 475.011(2). With regard to the first — that appellant qualified, even after October 1, 1988 (the effective date of the statute's amendment), for the exemption set forth in Section 475.011(5) — we agree with the decision in Erfman v....

...Stat.] and, therefore, were governed by Part VIII of Chapter 468, relating to "community association management," rather than by Chapter 475 — while we agree with the hearing officer that "[t]he vagueness of the term `day-to-day' creates problems in attempting to harmonize the provision of Chapter 475 [ i.e., Section 475.011(5), as amended in 1988] and Part VIII of Chapter 468," we do not believe that it was the legislature's intent that rental activities such as appellant's be subsumed within the phrase "other day-to-day services involved within the oper...

...eant merely to act as a catchall for other incidental and routine activities not specifically enumerated. Part VIII of Chapter 468 was created by Chapter 87-343, Sections 7-13, Laws of Florida, and became effective on July 10, 1987. The amendment to Section 475.011(5), bringing under Chapter 475 rental activity by managers of condominium and cooperative apartment complexes for which remuneration is in some form other than "salary," became effective on October 1, 1988....

...Appellant's interpretation of the phrase "other day-to-day services involved within the operation of a community association" contained in Section 468.431(2) as intended to include the rental activities in which he was involved would create an irreconcilable conflict between that Section and Section 475.011(5), as amended in 1988; whereas, the construction we reach avoids any disharmony, while giving full effect to each....

...ctive if it fails to allege that the plaintiff is a licensed real estate broker or salesman. Section 475.41 Fla. Stat., F.S.A., provides as follows: "No contract for a commission or compensation for any act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall have complied with this Chapter in regard to registration and renewal of the certificate at the time the act or service was performed." It may well be argued that this statute establishes a...

...estion. The pertinent Florida statutory provisions provide, as follows: Section 475.41. "Contracts of unregistered person for commissions invalid. — No contract for a commission or compensation for any act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall have complied with this chapter in regard to registration and renewal of the certificate at the time the act or service was performed." (e.s.) Section 475.17(1) in pertinent part provides, "An applicant for registration ......

...directors for each license period, and the registration of such partnership or corporation shall be suspended automatically during any period of time that certificates of any one or more of its members, officers or directors shall not be in force." Section 475.01 (2) provides, "(2) Every person who shall, in this state, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensa...

...who are members of partnerships or officers or directors of corporations engaged in performing any of the aforesaid acts or services; each and every such person shall be deemed and held to be a `real estate broker' or a `real estate salesman,' ..." Section 475.01(3) provides, "(3) Every person who comes within the meaning of the preceding subsection, and shall not be within the exceptions named, and whose business policies and acts are free from the direction, control or management of another p...

...(3)(b) states that "person" as used in Chapter 475, Florida Statutes, shall refer to an individual or a corporation and subsection (3)(a) defines "`operate' or `operating' as a broker" to mean the commission of one or more acts described in Sections 475.01(2) and 475.01(3), Florida Statutes....

...1961); Harris v. McKay, supra; Wegmann v. Mannino, 253 F.2d 627 (5th Cir.1958). As aforestated, Section 475.41 specifically provides that contracts of unregistered person for commission or compensation to perform any act or service enumerated in Subsection (2) of Section 475.01 is invalid....

...brokerage company, Dis-Com Securities, Inc. First Union did purchase Dis-Com. Plaintiff is now suing to recover a broker's or finder's fee. The defendant has moved for summary judgment in order to clarify the application of Fla.Stat. §§ 475.41 and 475.01(3) to this transaction. Florida Statutes, § 475.41 prohibits the payment of any "commission or compensation" for the acts of a "broker" unless that person seeking the "commission or compensation" is a licensed real estate broker under Chapter 475. Section 475.01(3) defines a "broker" as one who engages in certain types of actions and transations including ......

...of business enterprises or business opportunities ... or leases, or interest therein, or who directs or assists in the procuring of prospects ... which does, or is calculated to result in a sale ... and who ... expects ... any compensation or valuable consideration.... Fla.Stat. § 475.01(3)....

...Plaintiff was at all time registered in good standing as salesmen or dealers of securities under Fla.Stat. § 517.12. Defendant argues that the sale of Dis-Com Securities, Inc. to First Union constituted a sale of a business enterprise under Fla.Stat. § 475.01(3) and that the licensing provisions of Chapter 475 apply....

...However, the instant case involves more than the sale of a portion of Dis-Com's stock. Instead, through its purchase of Dis-Com stock, First Union purchased the entire, ongoing business of Dis-Com. (See plaintiff's Complaint, ¶ 12). The language of Fla.Stat. §§ 475.01(3) and 475.41 is clear. The licensing provisions apply whenever a broker is involved in the "sale, exchange, purchase, or rental of business enterprises or business opportunities ... or any interest in or concerning the same.... Fla.Stat. § 475.01(3). Without question, the acquisition of an ongoing business of a corporation is one of the transactions contemplated by Fla.Stat. § 475.01(3)....

...Plaintiff argues that the 1982 amendment of Chapter 475 failed to give adequate notice that individuals or corporations dealing in business enterprises or business opportunities would be covered by its provisions. House Bill 1757 (Chap. 80-405), effective January 1, 1982, amended Fla.Stat. § 475.01 by including the following underlined words: (3) "Broker" means a person who, for another, and for a compensation or valuable *1038 consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect...

...The title of House Bill 1757 (Chap. 80-405) reads as follows: An act relating to real estate; creating s. 475.1825, Florida Statutes; providing that certain registrations which have expired shall be considered inactive; providing for conditional repeal; amending s. 475.01(3) and (6), Florida Statutes, redefining "broker" and "real property" as used in provisions regulating real estate brokers, salesmen and schools; creating s....

...ise from hidden provisions not indicated in the title." State v. Cummings, 382 So.2d 683 (Fla.1980). Even recognizing that state statutes are clothed with a presumption of validity, State v. Metz Construction Co., 285 So.2d 598 (Fla.1973), Fla.Stat. § 475.01, as amended, cannot withstand this attack on the adequacy of its title....

...perty and real estate. The title to House Bill 1757 could not reasonably have led interested persons, in this case business brokers and securities dealers to inquire into the body of the act. See Peeples, 423 So.2d at 908. For that reason, Fla.Stat. § 475.01(3) violates Article 3, section 6 of the Florida Constitution and cannot be applied against plaintiff Shochet Securities, Inc....

...Additionally, our own Florida Statute 475.41, F.S.A., clearly states that registration is required at the time of performing the services: "475.41 Contracts of unregistered person for commissions invalid No contract for a commission or compensation for any act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall have complied with this chapter in regard to registration and renewal of the certificate at the time the act or service was performed....

...He discovered his oversight on April 13, 1967, and promptly submitted an application for renewal of his certificate. The application for renewal was disapproved because it had not been submitted within six months of its expiration date as required by Section 475.01(4), F.S....

...d a different ruling. Appellee suggests that the appellant's efforts to obtain a declaration of the validity of the rule would not give appellant any relief from the action taken by the commission, because the rule is substantially identical to F.S. Section 475.01(4), F.S.A....

...Without going into the proposition as to which position might be preferable if we were viewing the issue initially from the trial court level, I am persuaded that the appealed order finds adequate support in the record and that we have no appellate alternative but to affirm. I would affirm. NOTES [1] Section 475.01, F.S....

...By prior arrangement, Paris returned the $100,000 to Cooper and, in turn, was given a check for $25,000 and a demand note for $75,000. Cooper subsequently refused to honor the notes and sought their rescission and cancellation. The services performed by Paris clearly fall within the provisions of Section 475.01(2), Florida Statutes, as being duties to be performed by real estate brokers or salesmen....

...may not sue for a commission. It is true that Fla. Stat. § 475.41 provides as follows: "Contracts of unregistered person for commissions invalid. — No contract for a commission or compensation for any act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall have complied with this chapter in regard to registration and renewal of the certificate at the time the act or service was performed." However, this statute does not deprive a broker duly registered in another state of all rights....

...participate in the proceeds of a real estate commission for the sale of property in Florida. The answer to this question depends upon whether the activity of the foreign broker constituted any of the services enumerated in subsection 2 of Fla. Stat. § 475.01, describing the services that may be performed only by registered real estate brokers in the State of Florida....

...thereby rendering the Letter Agreement unenforceable as a matter of law. Fla. Stat. § 475.41 entitled, Contracts of unlicensed person for commissions invalid, states: No contract for a commission or compensation for any act or service enumerated in § 475.01(3) is valid unless the broker or sales associate has complied with this chapter in regard to issuance and renewal of the license at the time the act or service was performed....

...Contractor Agreement does not violate Fla. Stat. § 475.41. Unlike the BAP Contract and the Independent Contractor Agreement, the Letter Agreement is not a contract for payment of real estate commissions for services or acts enumerated in Fla. Stat. 475.01(3)....

...The Letter Agreement purports to create a long term formal business/real estate development relationship. The Letter Agreement requires Vilsack to contribute real estate and leasing commissions as well as other types of business income, but it does not require OTDC to perform any of the services enumerated in section 475.01(3) in return for the contribution of Vilsack's commission and other income....

...tinguished from the facts of this matter. In almost every case cited by the Trustee, the disputed contract was unenforceable because the unlicensed person sought to collect commissions for performance of the type of services enumerated in Fla. Stat. § 475.01(3)....

...Contract. Furthermore unlike Campbell or the BAP Contract and the Independent Contractor Agreement in this case, the Letter Agreement is not a contract for payment of real estate commissions to OTDC, an unlicensed person, for services enumerated in § 475.01(3)....

...A trial is therefore required for resolution of the disputed factual issues. CONCLUSION The Court finds that the Letter Agreement is not a contract for the payment of commissions to an unlicensed person for services of the type enumerated in Fla. Stat. § 475.01(3)....

...OTDC'S Cross-Motion for Summary Judgment is GRANTED IN PART insofar as the Court finds that the Letter Agreement does not violate Florida Statutes § 475.41, all other relief requested in OTDC's Cross-Motion is DENIED. NOTES [1] Florida Statutes § 475.41 references, § 475.01(3) which in turn references the definition of "broker" found in § 475.01(1)(a). Fla. Stat. 475.01(3) states: Wherever the word "operate" or "operating" as a broker, broker associate, or sales associate appears in this chapter; in any order, rule, or regulation of the commission; in any pleading, indictment, or information under this chapte...

...te, or sales associate, not including, however, any of the exceptions stated therein. A single such act is sufficient to bring a person within the meaning of this chapter, and each act, if prohibited herein, constitutes a separate offense. Fla. Stat.475.01(1)(a) provides the definition of "broker": "Broker" means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a co...

...corporation which acts as a broker. The term "broker" also includes any person or entity who undertakes to list or sell one or more timeshare periods per year in one or more timeshare plans on behalf of any number of persons, except as provided in ss. 475.011 and 721.20.

...atutes (1983). All unlicensed employees who engage in sales activities are paid a regular salary without sales commissions. Chapter 475, Florida Statutes, governs the licensing of persons engaged in the sale of real estate in Florida. Prior to 1979, section 475.01(2) required that all employees of a corporation engaging in the sale of corporate real estate, except for one appointed officer, be licensed real estate brokers or salesmen....

...Johnson, 362 So.2d 674 (Fla. 1978). In 1979, chapter 475 was amended to exempt all employees of corporate property owners from the licensing requirement of chapter 475 if such employees were paid on a regular-salary basis rather than a commission basis. § 475.011(2), Fla....

...a. Section 721.20, Florida Statutes (1981), provided that all sellers of a time-sharing plan must be licensed real estate salesmen, brokers, or broker-salesmen pursuant to chapter 475, unless they fit within the exemptions to chapter 475 provided in section 475.011, Florida Statutes (1981)....

...[3] The effect of section 721.20, therefore, was to exempt from the licensing requirements all employees of a corporation engaged in selling corporate time-share plans who were paid strictly on a salary basis. Effective July 1, 1983, section 721.20 was amended to eliminate the reference to the exemptions set forth in section 475.011. Chapter 83-264, Laws of Florida. [4] As amended, section 721.20 required that "[a]ny seller of a time-share plan shall be a licensed real estate salesman, broker, or broker-salesman, as defined in section 475.01 or its successor" and that "[n]o seller or developer may employ a person for the purposes of offering time-share periods for sale unless such person is a licensed salesman, broker, or broker-salesman as defined in section 475.01 or its successor." Appellees initiated this declaratory judgment proceeding to determine whether section 721.20, Florida Statutes (1983), was unconstitutional....

...ent from enforcing the provisions of section 721.20. Initially, we note that while this case has been on appeal the Florida Legislature has amended section 721.20 to, among other things, reinstate the specific reference to the exemptions provided in section 475.011, Florida Statutes (1983)....

...exercise of the police power for a valid public purpose. Accordingly, the judgment of the court below is reversed and the case is remanded for entry of judgment in accordance with this opinion. REVERSED. ERVIN, C.J., and MILLS, J., concur. NOTES [1] Section 475.01(2), Florida Statutes (1977), states in part: Every person who shall, in this state, for another, and for a compensation or valuable consideration directly or indirectly paid or promised ......

...[S]aid terms [shall not] be applied to one officer of every corporation engaged in the sale of its own properties who shall be its president unless otherwise provided in its charter or bylaws, if said corporation shall not otherwise be classed as a real estate broker or a salesman. [2] Section 475.011, Florida Statutes (1979), states: This chapter does not apply to: * * * * * * (2) Any individual, corporation, partnership, trust, joint venture, or other entity which sells, exchanges, or leases its own real property; however, this e...

...-sharing plans which are registered with the Securities and Exchange Commission. [4] Section 721.20, Florida Statutes (1983), states: Any seller of a time-share plan shall be a licensed real estate salesman, broker, or broker-salesman, as defined in s. 475.01 or its successor. No seller or developer may employ a person for the purposes of offering time-share periods for sale unless such person is a licensed salesman, broker, or broker-salesman as defined in s. 475.01 or its successor....

...roperty. [5] Section 721.20, Florida Statutes (1984 Supp.), states: Licensing requirements; suspension or revocation of license. — (1) Any seller of a time-share plan must be a licensed real estate salesman, broker, or broker-salesman as defined in s. 475.01, except as provided in s. 475.011....

...s Cohen from any recovery for the $100,000 (minus advancements) for services rendered in the acquisition of Tract I. Section 475.41, Florida Statutes (1983), prohibits unlicensed brokers from collecting a commission on any contract. Sections 475.41, 475.01(3) and 475.01(4), Florida Statutes (1983) set forth the definitions of a broker or a salesman and clearly show that Cohen's activities were such that he is precluded from recovering any monies as a matter of law....

...However, as to the second paragraph, the matter was properly submitted to the jury. The services rendered by Cohen in assisting in developing a site plan, name, etc., are not services included within the scope of section 475, Florida Statutes. It is clear from the language of section 475.01(1)(c) and (d) that Cohen's services for site planning, researching, assisting in preparation of site plan, consulting, and proposing a name for the project are not specifically enumerated in the statute....

brokers, sales associates, and schools.” Fla. Stat. § 475.001. To establish a general fiduciary relationship

...y "in which he is a part owner." Chapter 79-239 revived and made housekeeping revisions to chapter 475, saving it from repeal by the Sunset Law, chapters 76-168 and 77-457, Laws of Florida, and in doing so amended the "exemption" section as follows: 475.011 Exemptions....

...estment therein would otherwise justify, such excess share being directly or indirectly the result of the service of buying, selling, exchanging, or leasing the property; ... . Insofar as it is pertinent here, the 1979 amendment simply created a new section 475.011 to list exemptions from the chapter which previously were set out in a rather less convenient form by section 475.01(2), Florida Statutes (1978 Supp.)....

...The judgment is reversed, and the cause is remanded with direction to enter judgment for the defendants. NOTES [1] Section 475.41 Fla. Stat., F.S.A., provides: "No contract for a commission or compensation for any act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall have complied with this chapter in regard to registration and renewal of the certificate at the time the act or service was performed." A salesman who takes part in the procuring of a lessee of real estate, or of an interest therein is regarded as a "real estate salesman" under sub-section (2) of Section 475.01 Fla....

...There is no merit to the contention of the appellant that because its services were limited to locating and introducing to the "lessee" the party with whom the transaction was then made and did not negotiate or assist in negotiation of the terms of the resultant transaction, its services were not within those stated in § 475.01(2), Fla....

...The services performed by the appellant fell within that language. Appellants contention that the transaction did not involve an interest in real estate is refuted by the record. Section 475.41, Fla. Stat., F.S.A. provides that no contract for a commission or compensation *868 for any act enumerated in § 475.01(2) shall be valid unless the broker (or salesman) is registered as required by this statute....

...ing the holder of a valid current registration certificate." The sphere in which one is thus prohibited from acting without being duly registered as a real estate broker or salesman is outlined in the definition of these terms contained in F.S. Sec. 475.01(2), F.S.A., which reads in part as follows: "(2) Every person who shall, in this state, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect...

...Since relator in effect seeks a declaration by this court that by virtue of his position as an attorney-at-law he may act as a real estate broker without securing a license, and since, insofar as he has shown, he seeks to do nothing beyond the restrictions contained in F.S. Sec. 475.01(2), F.S.A....

...Admission to the bar is granted only after long and arduous study, necessarily embracing the proper conduct of real estate transactions, and the most searching character examination which can be devised. This is the reason for the wise exception contained in F.S. Sec. 475.01(2), F.S.A., supra, which eliminates attorneys-at-law from the operation of the chapter, since their conduct of real estate transactions, and legal transactions of all kinds, is controlled by other means....

...In the Keyes case we had, and we still have, no intention of restricting the traditional duties and privileges of the attorney at law, which have been developed over the centuries. All must agree with the statement of Mr. Justice Terrell in the Keyes case that "Section 475.01(2) of the Act [defining the field of operation of the realtor] leaves the lawyer as he has always been * * * It did not invade the lawyer's prerogative but on the other hand it dignified the real estate business". Reading F.S. §§ 475.42 and 475.01 (2), F.S.A., together [see our original opinion, where excerpts from these sections are quoted] it will be seen that the statute is prohibitive in form....

...from selling its real property through three salaried, non-licensed employees, brings to us for consideration the validity of the statutory limitation as applied to corporate landowners generally. The circuit court in Bay County declared the "one officer" limitation of Section 475.01(2), *675 Florida Statutes (1975), to be violative of the federal and state constitutions in that it denies corporate landowners equal protection of the laws....

...der the doctrine of respondeat superior. The policy reasons which governed in McGregor have universal application, and we now see no rational basis to distinguish Mid-Sales, Inc.'s disposal of its properties from like sales by any other corporation. Section 475.01(2) denies equal protection of the laws to corporations which own and seek to sell their property in this state, and to the extent that it limits the right to sell corporate real property to only one unlicensed corporate employee it is unconstitutionally restrictive....

...ect the public from dealing with corporate employees who are incapable of meeting mental and moral standards required of all brokers and salesmen in this State. NOTES [1] Florida Real Estate Comm'n v. McGregor, 336 So.2d 1156 (Fla. 1976), construing Section 475.01(2), Florida Statutes (1975). [2] U.S.Const. amend. XIV; Art. I, § 2, Fla. Const. See Florida Real Estate Comm'n v. McGregor, 336 So.2d 1156, 1160 n. 5 (Fla. 1976). [3] Art. V, § 3(b)(1), Fla. Const. [4] § 475.01(2), Fla....

person, according to the language of Fla.Stat. § 475.01(2), F.S.A. agrees to “take any part in the procuring

...was entitled to recover its 5% commission of $250,000. The court rejected the defense of noncompliance with Chapter 475 by ruling that the statute applies to a "person" and that Thompson was "an Arizona corporation and not a `person' as intended by § 475.01." The trial court also observed that section 475.001 spoke of real estate brokers, sales persons, and schools, concluding that the statute did not apply to business brokers....

...Whether Chapter 475 applied in this case was crucial because the statute declares a contract with an unlicensed broker to be invalid. Section 475.41 provides that "[n]o contract for a commission or compensation for any act or service enumerated in *482 s. 475.01(3) is valid unless the broker or sales associate has complied with this chapter in regard to issuance and renewal of the license at the time the act or service was performed." Section 475.01(3) defines "operating" as a broker as meaning "the commission of one or more acts described in this chapter as constituting or defining a broker." On appeal, Thompson does not defend the trial court's ruling that Chapter 475 has no application because it applies to persons and not to corporations....

...This is perhaps because Chapter 475 clearly applies to corporations. Section 475.15 requires a corporation "which acts as a broker" to "register with the commission" and "renew the licenses or registrations of its. . . officers and directors for each license period." Section 475.01(1)(a) indicates that the term "broker" includes any person who is the officer or director of a corporation....

...(2004), states that "where the context will permit" the word "person" in a Florida statute shall be construed to include "corporations." Nothing in Chapter 475 calls for a deviation from this general rule of construction. Thus, the term "person" in section 475.01(1)(a) includes a corporation....

...ction 475.001 declares the public purpose to "regulate real estate brokers, sales associates, and schools in this state." However, a closer reading of the statute demonstrates that it regulates business brokers without any connection to real estate. Section 475.01(1)(a) defines a "broker" as including "a person who, for another, and for a compensation or valuable consideration....

...attempts or agrees . . . to negotiate the sale, exchange, purchase . . . of business enterprises or business opportunities" or who "takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities." Section 475.01(1)(i) defines "real property" or "real estate" as including "any interest in business enterprises or business opportunities." In 1982, the legislature expanded these sections to include business brokers....

..."negotiates contracts for purchase and sale;" rather it served "as a conduit for the exchange of relevant information between Meteor Motors and prospective purchasers." However, Thompson's conduct fits within the statutory definition of a "broker." Section 475.01(1)(a) defines a "broker" as one "....

...al property of another. . . ." (Emphasis added). An entity operates as a broker when it engages in the ". . . commission of one or more acts described in this chapter as constituting or defining a broker, broker associate, or sales associate. . . ." § 475.01(3), Fla....

...The trial court cited section 475.42(1)(d), Florida *1154 Statutes (1993), [1] as its basis for dismissing this count. That section prohibits a real estate salesman from maintaining an action for a commission in connection with a real estate brokerage transaction. Section 475.01(c) and (d), Florida Statutes (1993) [2] (now (a) and (k), respectively), set forth the definitions of a broker and a salesman....

...nt in order to save the developer money is also not enumerated in the statute. The services under the Bonus Incentive Provision for which Harris alleges he is entitled to payment are not real estate sales or brokerage services as defined in sections 475.01(1)(c) & (d), Florida Statutes (1993)....

...Vaughn, 430 So.2d 597 (Fla. 4th DCA 1983). Count III is Harris's action in quantum meruit for the marketing services rendered under the original contract which he argues were not within the definition of a real estate brokerage transaction as defined in section 475.01(c), Florida Statute (1993)....

...As discussed above, Harris was not directly procuring purchasers. He was not required to appraise, auction, sell, exchange, buy, rent, or offer any real property. He also was not advertising that he was in the business of performing those services. See § 475.01(a), Fla....

...746 So.2d at 1154 . The Fourth District reversed as to count II, concluding that the “services under the Bonus Incentive Provision for which Harris alleges he is entitled to payment are not real estate sales or brokerage services as defined in sections 475.01(l)(c) & (d), Florida Statutes (1993).” Id....

...The trial court cited section 475.42(l)(d), Florida Statutes (1993), [Note 1] as its basis for dismissing this count. That section prohibits a real estate salesman from maintaining an action for a commission in connection with a real estate brokerage transaction. Section 475.01(c) and (d), Florida Statutes (1993) [Note 2] (now (a) and (k), respectively), set forth the definitions of a broker and a salesman....

...for.... 746 So.2d at 1154 (emphasis supplied). The Fourth District correctly concluded that the professional services to which the bonus incentive provision allegedly applied were not “real estate sales or brokerage services as defined in sections 475.01(l)(c) & (d),” id.; they were merely real estate marketing budget oversight services, with no brokerage component....

...., or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, . . . and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor. . . . FLA. STAT., Section 475.01(1)(a) (2003)....

...license, citing Fuller v. Alberts, 382 So.2d 113 (2d DCA Fla.1980). Further, Mickler contends, that in any event Wood’s status is defined by Florida law to be that of a salesman rather than an independent contractor, i.e. a broker. Fla. Stat. „ § 475.01(1)(e) defines “broker-salesman” as follows: (e) “Broker-salesman means a person who is qualified to be issued a license as a broker but who operates as a salesman in the employment of another ”....

...already paid on the note. The plaintiffs and Frasure appeal. We must first determine the meaning of § 475.41, Fla.Stat., F.S.A., which provides: “No contract for a commission or compensation for any act or service enumerated in subsection (2) of § 475.01 shall be valid unless the broker or salesman shall have complied with this chapter in regard to registration and renewal of the certificate at the time the act or service was performed.” It is without question that Frasure was a licensed broker and Rutherford was an unlicensed salesman....

structured its opinion upon the wording of Section 475.01(2), which reads: “Every person who shall, in

...thereby rendering the Letter Agreement unenforceable as a matter of law. Fla. Stat. § 475.41 entitled, Contracts of unlicensed person for commissions invalid, states: No contract for a commission or compensation for any act or service enumerated in § 475.01(3) is valid unless the broker or sales associate has complied with this chapter in regard to issuance and renewal of the license at the time the act or service was performed....

...' tractor Agreement does not violate Fla. Stat. § 475.41 . Unlike the BAP Contract and the Independent Contractor Agreement, the Letter Agreement is not a contract for payment of real estate commissions for services or acts enumerated in Fla. Stat. 475.01(3)....

...The Letter Agreement purports to create a long term formal business/real estate development relationship. The Letter Agreement requires Vilsack to contribute real estate and leasing commissions as well as other types of business income, but it does not require OTDC to perform any of the services enumerated in section 475.01(3) in return for the contribution of Vilsack’s commission and other income....

...tinguished from the facts of this matter. In almost every case cited by the Trustee, the disputed contract was unenforceable because the unlicensed person sought to collect commissions for performance of the type of services enumerated in Fla. Stat. § 475.01 (3)....

...Contract. Furthermore unlike Campbell or the BAP Contract and the Independent Contractor Agreement in this case, the Letter Agreement is not a contract for payment of real estate commissions to OTDC, an unlicensed person, for services enumerated in § 475.01(3)....

...A trial is therefore required for resolution of the disputed factual issues. CONCLUSION The Court finds that the Letter Agreement is not a contract for the payment of commissions to an unlicensed person for services of the type enumerated in Fla. Stat. § 475.01 (3)....

...OTDC’S Cross-Motion for Summary Judgment is GRANTED IN PART insofar as the Court finds that the Letter Agreement does not violate Florida Statutes § 475.41, all other relief requested in OTDC’s Cross-Motion is DENIED. . Florida Statutes § 475.41 references § 475.01(3) which in turn references the defi *551 nition of "broker” found in § 475.01(l)(a). Fla. Stat. 475.01(3) states: Wherever the word “operate” or "operating” as a broker, broker associate, or sales associate appears in this chapter; in any order, rule, or regulation of the commission; in any pleading, indictment, or information under this...

...te, or sales associate, not including, however, any of the exceptions stated therein. A single such act is sufficient to bring a person within the meaning of this chapter, and each act, if prohibited herein, constitutes a separate offense. Fla. Stat.475.01(l)(a) provides the definition of "broker”: "Broker” means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive...

...orporation which acts as a broker. The term "broker” also includes any person or entity who undertakes to list or sell one or more timeshare periods per year in one or more timeshare plans on behalf of any number of persons, except as provided in ss. 475.011 and 721.20.

...ificate would not have been issued if the petitioner, in applying for it, had not denied operation as a salesman during the period in question. The petitioner’s claim of insufficiency of counts two and three is based on his contention that because § 475.01 (4) provides that a registration remains in force for six months after expiration of the period of the last registration certificate, during which six months it may be renewed on request with payment of fee, he was entitled to operate as a...

leases, or interest therein . . . .' Section 475.01(3), F.S. Section 475.01(4) defines `salesman' to mean a

...the decisions of our sister courts. In order to better understand the legislative intent of Section 475.41, we have highlighted the operative words: No contract tor a commission or compensation for any act or service enumerated in subsection (2) of s. 475.01 shall be valid unless the broker or salesman shall have complied with this chapter in regard to registration and renewal of the certificate at the time the act or service was performed. (Emphasis added). § 475.41, Fla.Stat. (1977). Each of the contracts required performance of acts and services enumerated in Section 475.01(2). Since Section 475.01(2) mentions the agreement to do any of the seven “real estate acts,” appellees argue that execution of the contracts by Trum, a non-active broker, rendered them invalid....

...written contract with Famille, the owner, agreed to market and sell. Global denied the existence of the oral contract with Leedco, and alleged, as an affirmative defense to Leedco’s action, that Leedco acted as a “broker” within the meaning of section 475.01(l)(c), Florida Statutes (1983)....

...lorida Statutes (1983). That issue has previously been determined in favor of Global’s position by the decision of this court in Alligood v. Florida Real Estate Commission, 156 So.2d 705 (Fla. 2d DCA 1963). While this court in Alligood interpreted section 475.01(2), Florida Statutes (1961), a predecessor to section 475.01(2), (l)(c), defining a real estate broker, there is essentially no difference, for the purpose of this appeal, in the applicable language in the two statutes....

...The trial court disagreed with the Commission and dismissed the Complaint with prejudice. This is a case of first impression so far as we are aware. Chapter 475 Florida Statutes is known and defined in the statute as the “Real Estate License Law”, F.S. 475.01(1), F.S.A....

...gainst the Brokers, the trial court found “that the two-year statute of limitations applies” to the claims against the Brokers and, based on the complaint and attached exhibits, “the statute of limitations has run in accordance with Fla. Stat. 475.01(1)(a) and Fla....

...2d 1301, 1302-03 (Fla. 1991); see also § 95.11(4)(a), Fla. Stat. (2022). 1 The Buyers’ suit is one for professional malpractice, as the Buyers alleged the Brokers, serving as a transaction broker, breached duties which they owed the Buyers. See § 475.01(1)(l), Fla. Stat. (2022) (defining “[t]ransaction broker” as a “broker who provides limited representation to a buyer, a seller, or both, in a real estate transaction”); § 475.01(1)(a) (providing that a “broker renders a professional service and is a professional within the meaning of s....

...Although Revac had not qualified to do business in Florida during the period when it sold the timeshare units, it did qualify to do business in Florida in order to sue Mr. Woodward. Section 475.41, Florida Statutes (1981), invalidates any contract for a real estate commission for services enumerated in section 475.01(3), unless the broker is licensed in Florida. Section 475.01(3) provides a lengthy definition of “broker,” which broadly includes any person who, for another, sells, buys, or negotiates the sale of any interest in real property....

...nsed Miami broker, and that she was employed by the broker at the time the sale of the subject mobile home park was consummated. Appellee’s services — regardless of how characterized— were clearly that of a real estate salesman or broker under Section 475.01(2), Florida Statutes (1977)....

...the purview of section 475.42(1)(d), and would potentially permit Marks to sue M.S.F. directly. First, an owner of real property may sell, exchange, or lease his own property without the services of a broker and without concern for Chapter 475. See § 475.011(2), Fla.Stat....

...1st DCA 1981); Rizzo v. Schwebke, 348 So.2d 1180 (Fla. 3d DCA 1977), cert. dismissed, 357 So.2d 187 and cert. denied, 359 So.2d 1218 (Fla.1978). Under the current statutes, brokers of business enterprises fall within the purview of Chapter 475. See § 475.01(1)(c), Fla.Stat....

...commence or maintain any action for a commission or compensation in connection with a real estate brokerage transaction against any person ex *140 cept a person registered as his employer at the time the cause of action is alleged to have arisen. . Section 475.011(2) reads as follows: 475.011 Exemptions.— This chapters does not apply to: ****** (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...

...Act Realty Co., 911 So.2d 1181 (Fla. 2005); Venturvest Realty Corp. v. A.K.S.I.P. Corp., 793 So.2d 1054 (Fla. 3d DCA 2001). No court has yet applied the “procuring cause” standard to the sales agent/broker relationship. This is an agency relationship pursuant to section 475.01(l)(j), Florida Statutes (2003), and, in the instant case, defined by the parties’ employment contract....

...ppraisal of certain real property located in Florida. In an action brought by appellant against all five parties to enforce payment under the contract for his services, summary judgment was rendered for ap-pellees on the ground that Florida Statutes § 475.01 (1967), F.S.A. precludes recovery by an unlicensed broker. Other questions may remain for determination against Biggs and Sewell. This appeal raises only the question of contractual liability of defendants Wood, Moore and Davis. Section 475.01(2) includes an appraiser in the definition of broker....

...signment of the contract to General Development Corporation, the newly obtained purchaser. Thus, he contends, he was selling his property, rather than the contract, and one need not be a broker to sell his own property under the exception set out in § 475.01, Fla.Stat....

...��s actions did not violate section 475.41 as a matter of law. The instant litigation turns on the application of section 475.41, Florida Statutes (2002), which reads: No contract for a commission or compensation for any act or service enumerated in § 475.01(3) is valid unless the broker or sales associate has complied with this chapter in regard to issuance and renewal of the license at the time the act or services was performed. A person “operates” as a broker if he commits a single act described in Chapter 475 as “constituting or defining a broker.” § 475.01(3), Fla....

...or directs or assists in the procuring of prospects, “for a compensation or valuable consideration directly or indirectly paid or promised expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration.” § 475.01(a), Fla....

Associate Judge, concur. . Section 475.01(c) replaces Section 475.01(3) effective July 1, 1982.

brokers, salesmen, and schools in this state. § 475.001, Fla.Stat. (1989). [Emphasis added]. It is generally

...Therefore, the judgment will not be disturbed on this appellate review. City of Miami Beach v. Fein, 263 So.2d 258 (Fla.3d DCA 1975); Courshon v. Fontainebleau Hotel Corporation, 307 So.2d 901 (Fla.3d DCA 1975), and cases cited therein. Affirmed. . Section 475.01(2), Florida Statutes, provides in pertinent part: “Every person who shall, in this state, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor ....

...being directly or indirectly the result of the service of buying [or] selling . . said property ...” Section 475.41, Florida Statutes, provides: “No contract for a commission or compensation for any act or service enumerated in subsection (2) of 475.01 shall be valid unless the broker or salesman shall have complied with this chapter in regard to registration and renewal of the certificate at the time the act or service was performed.”

...After hearing, the trial court granted the motion and entered the order appealed. *286 The contentions on appeal, both in the briefs and on oral argument, centered around the applicability vel non of certain sections of the Real Estate License Law, Chapter 475, Fla.Stat., F.S.A., to the case at bar. Section 475.01(2), Fla.Stat., F.S.A., in pertinent part, reads as follows: “Every person who shall, in this state, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or wit...

...specified shall be acting * * * as an attorney-at-law within the scope of his duties as such, * * [Emphasis supplied.] Section 475.41, Fla.Stat., F.S.A., provides, in substance, that no contract for compensation for any act or service enumerated in § 475.01(2), supra, shall be valid unless the broker or salesman was properly registered under Chapter 475, supra, at the time the act or service was performed....

...age business would be required to register under the provisions of Chapter 475, supra. We merely hold that an attorney acting within the scope of his duties as such may, if called upon, for a particular client, perform the functions enumerated under § 475.01(2), supra, and receive compensation therefor without complying with the terms of the Real Estate License Law....

...eal estate practitioners in order to protect the public from potential economic loss; therefore, the Legislature deems it necessary in the interest of the public welfare to regulate real estate brokers, salesmen, and schools in this state. Fla.Stat. § 475.01(1) states: (f) "Real Property” or "real estate" means any interest or estate in land and any interest in business enterprises or business opportunities, including any assignment, leasehold, sub-leasehold, or mineral right.......

more particularly described in subsection (2) of § 475.01, whether such property is owned, or purported

PER CURIAM. Affirmed. See Keyes Co. v. Dade County Bar Association, 46 So.2d 605 (Fla. 1950); Sol Walker & Co. v. Seaboard Coast Line Railroad, 362 So.2d 45 (Fla. 2d DCA 1978); § 475.01(3), Fla.Stat....

...Florida State Board of Dentistry, 277 So.2d 628 (1 D.C.A. Fla., 1974). Under Ch. 475, the commission's authority is premised upon a person's actions pertaining to or affecting the sale, exchange, purchase, lease, or assignment of real property or an interest therein. Section 475.01 (11). The activities the commission is granted authority to regulate are, in pertinent part, contained in s. 475.01 (2), F....

...gment. The following statutory and case authorities are implicated in the proper resolution of this appeal. Section 475.41, Florida Statutes (1985), provides, in part: No contract for a commission or compensation for any act or service enumerated in s. 475.01(3) is valid unless the broker or salesman has complied with this Chapter in regard to issuance and renewal of the license at the time the act or service was performed....

...own jurisdiction. On the contrary, this foreign broker’s activities were directed towards the solicitation of a purchaser in Florida. The inescapable conclusion is that Eber-hardt engaged in brokerage activities in this State within the meaning of Section 475.01(l)(c)....

...Plaintiff alleges that Defendant Biltmore violated Chapter 475 of the Florida Statutes because it was not a Florida licensed broker during the relevant period. Florida Statute § 475.41 states that, "no contract for a commission or compensation for any act or service enumerated in § 475.01(3) is valid unless the broker or sales associate has complied with this chapter in regard to issuance and renewal of the license at the time the act or service was performed." Biltmore alleges it did not violate Chapter 475 and furthermore,...

...esman from maintaining an action to collect a real estate brokerage commission. We agree. Although appellant was employed as a “broker-salesman,” under the applicable statutes, one cannot operate as both a broker and a salesman at the same time. Section 475.01(1)(e), Florida Statutes (1987) defines “broker-salesman” as a person qualified to be licensed as a broker but who operates only as a salesman in the employ of another....

acts relating to real estate as contained in § 475.01(2) Fla.Stat, F.S.A., but that a practicing lawyer

initially and directly passed upon the validity of Section 475.-01(2), Florida Statutes, by holding that such

commission then took this appeal. Subsection 2 of section 475.01 Fla.Stat., F.S.A, provides in pertinent part

calculation of the broker’s commission. See Fla.Stat. § 475.01, F.S.A. See also Community Cablecasting Corporation

...The trial court denied relief sought by Peddie and Clark from Baker on the $60,000 contribution. Baker argues that he owes Peddie and Clark nothing on the notes he executed to them. He maintains that the actions of Peddie and Clark were those of real estate brokers under section 475.01(3), Florida Statutes, and that since Peddie and Clark were not licensed as real estate brokers, his obligations under his notes to them would be invalid under section 475.41, Florida Statutes, which provides that: No contract for a commission or compensation for any act or service enumerated in s. 475.01(3) is valid unless the broker or salesman has complied with this chapter in regard to issuance and renewal of the license at the time the act or service was performed....

...UNLICENSED REAL ESTATE BROKER CFI was not a licensed real estate broker at the time of this transaction. It had previously been licensed and at the time of the transaction its sole officers, directors and shareholders, David and Bettie Siegel, were so licensed. Kott urges that section 475.01(3), Florida Statutes precludes entitlement to a commission....

...Two facts remove this situation from the strictures of chapter 475. First, CFI was acting for itself and not “for another;” and second, the “commission” was clearly a price-reducing mechanism and not consideration for “any act or service enumerated in Section 475.01(3).” 4 The fact that the conditional repayment to CFI of a portion of the purchase price was called a commission in the contract does not make CFI a “broker” receiving “compensation ... directly or indirectly paid” for dealing in property “for another” (§ 475.01(l)(c)) nor does it make this return of a portion of the purchase price a commission prohibited under the provisions of chapter 475....

...SHARP, J., concurs. DIAMANTES, J., concurs specially with opinion. . Although the initial contract was entered into in 1981, the applicable statutes have not materially changed and reference will be to the current statute. . § 475.001, Fla.Stat. (1989). . § 475.01(l)(c), Fla.Stat....

...a Statutes 817.41 and 817.45, because no one connected with Flag Realty, Inc. was a licensed real estate appraiser. Florida law does not require separate licensing of an appraiser; appraisals may be made by a licensed real estate broker or salesman; Section 475.01(2), Florida Statutes....