(1)(a) An applicant for licensure who is a natural person must be at least 18 years of age; hold a high school diploma or its equivalent; be honest, truthful, trustworthy, and of good character; and have a good reputation for fair dealing. An applicant for an active broker’s license or a sales associate’s license must be competent and qualified to make real estate transactions and conduct negotiations therefor with safety to investors and to those with whom the applicant may undertake a relationship of trust and confidence. If the applicant has been denied registration or a license or has been disbarred, or the applicant’s registration or license to practice or conduct any regulated profession, business, or vocation has been revoked or suspended, by this or any other state, any nation, or any possession or district of the United States, or any court or lawful agency thereof, because of any conduct or practices which would have warranted a like result under this chapter, or if the applicant has been guilty of conduct or practices in this state or elsewhere which would have been grounds for revoking or suspending her or his license under this chapter had the applicant then been registered, the applicant shall be deemed not to be qualified unless, because of lapse of time and subsequent good conduct and reputation, or other reason deemed sufficient, it appears to the commission that the interest of the public and investors will not likely be endangered by the granting of registration. The commission may adopt rules requiring an applicant for licensure to provide written information to the commission regarding the applicant’s good character.
(b) An application may be disapproved if the applicant has acted or attempted to act, or has held herself or himself out as entitled to act, during the period of 1 year next prior to the filing of the application, as a real estate broker or sales associate in the state in violation of this chapter. This paragraph may be deemed to bar any person from licensure who has performed any of the acts or services described in s. 475.01(3), unless exempt pursuant to s. 475.011, during a period of 1 year next preceding the filing of the application, or during the pendency of the application, and until a valid current license has been duly issued to the person, regardless of whether the performance of the act or service was done for compensation or valuable consideration.
(2)(a)1. In addition to other requirements under this part, the commission may require the satisfactory completion of one or more of the educational courses or equivalent courses conducted, offered, sponsored, prescribed, or approved pursuant to s. 475.04, taken at an accredited college, university, or community college, at a career center, or at a registered real estate school, as a condition precedent for any person to become licensed or to renew her or his license as a broker, broker associate, or sales associate. The course or courses required for one to become initially licensed shall not exceed a total of 63 classroom hours of 50 minutes each, inclusive of examination, for a sales associate and 72 classroom hours of 50 minutes each, inclusive of examination, for a broker. The satisfactory completion of an examination administered by the accredited college, university, or community college, by a career center, or by the registered real estate school shall be the basis for determining satisfactory completion of the course. However, notice of satisfactory completion shall not be issued if the student has absences in excess of 8 classroom hours.
2. A distance learning course or courses shall be approved by the commission as an option to classroom hours as satisfactory completion of the course or courses as required by this section. The schools authorized by this section have the option of providing classroom courses, distance learning courses, or both. However, satisfactory completion of a distance learning course requires the satisfactory completion of a timed distance learning course examination. Such examination shall not be required to be monitored or given at a centralized location.
3. Such required course or courses must be made available by correspondence or other suitable means to any person who, by reason of hardship, as defined by rule, cannot attend the place or places where the course or courses are regularly conducted or does not have access to the distance learning course or courses.
(b) A person may not be licensed as a real estate broker unless, in addition to the other requirements of law, the person has held:
1. An active real estate sales associate’s license for at least 24 months during the preceding 5 years in the office of one or more real estate brokers licensed in this state or any other state, territory, or jurisdiction of the United States or in any foreign national jurisdiction;
2. 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 this part for real estate licensees; or
3. 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) A person who has been licensed as a real estate sales associate in Florida during the preceding 5 years may not be licensed as a real estate broker unless, in addition to the other requirements of law, she or he has completed the sales associate postlicensure educational requirements, if these requirements have been prescribed by the commission pursuant to paragraph (3)(a).
(3)(a) The commission may prescribe a postlicensure education requirement in order for a person to maintain a valid sales associate’s license, which shall not exceed 45 classroom hours of 50 minutes each, inclusive of examination, prior to the first renewal following initial licensure. If prescribed, this shall consist of one or more commission-approved courses which total at least 45 classroom hours on one or more subjects which include, but are not limited to, property management, appraisal, real estate finance, the economics of real estate management, marketing, technology, sales and listing of properties, business office management, courses teaching practical real estate application skills, development of business plans, marketing of property, and time management. Required postlicensure education courses must be provided by an accredited college, university, or community college, by a career center, by a registered real estate school, or by a commission-approved sponsor.
(b) Satisfactory completion of the postlicensure education requirement is demonstrated by successfully meeting all standards established for the commission-prescribed or commission-approved institution or school. However, notice of satisfactory completion shall not be issued if the student has absences in excess of 10 percent of the required classroom hours or has not satisfactorily completed a timed distance learning course examination.
(c) The license of any sales associate who does not complete the postlicensure education requirement prior to the first renewal following initial licensure shall be considered null and void. Such person wishing to again operate as a real estate sales associate must requalify by satisfactorily completing the sales associate’s prelicensure course and passing the state examination for licensure as a sales associate.
(d) A sales associate who is required to complete any postlicensure education requirement must complete any postlicensure education requirement and hold a current and valid license in order to be eligible for licensure as a broker.
(4)(a) The commission may prescribe a postlicensure education requirement in order for a person to maintain a valid broker’s license, which shall not exceed 60 classroom hours of 50 minutes each, inclusive of examination, prior to the first renewal following initial licensure. If prescribed, this shall consist of one or more commission-approved courses which total at least 60 classroom hours on one or more subjects which include, but are not limited to, advanced appraisal, advanced property management, real estate marketing, business law, advanced real estate investment analyses, advanced legal aspects, general accounting, real estate economics, syndications, commercial brokerage, feasibility analyses, advanced real estate finance, residential brokerage, advanced marketing, technology, advanced business planning, time management, or real estate brokerage office operations. Required postlicensure education courses must be provided by an accredited college, university, or community college, by a career center, by a registered real estate school, or by a commission-approved sponsor.
(b) Satisfactory completion of the postlicensure education requirement is demonstrated by successfully meeting all standards established for the commission-prescribed or commission-approved institution or school. However, notice of satisfactory completion shall not be issued if the student has absences in excess of 10 percent of the required classroom hours or has not satisfactorily completed a timed distance learning course examination.
(c) The license of any broker who does not complete the postlicensure education requirement prior to the first renewal following initial licensure shall be considered null and void. If the licensee wishes to operate as a sales associate, she or he may be issued a sales associate’s license after providing proof that she or he has satisfactorily completed the 14-hour continuing education course within the 6 months following expiration of her or his broker’s license. To operate as a broker, the licensee must requalify by satisfactorily completing the broker’s prelicensure course and passing the state examination for licensure as a broker.
(5)(a) The commission may allow an additional 6-month period after the first renewal following initial licensure for completing the postlicensure education courses for sales associates and brokers who cannot, due to individual physical hardship, as defined by rule, complete the courses within the required time.
(b) Except as provided in subsection (4), sales associates and brokers are not required to meet the 14-hour continuing education requirement prior to the first renewal following initial licensure.
(c)1. A distance learning course or courses shall be approved by the commission as an option to classroom hours as satisfactory completion of the postlicensure education course or courses as required by this section. The schools or sponsors authorized by this section have the option of providing classroom courses, distance learning courses, or both. However, satisfactory completion of a distance learning postlicensure education course or courses requires the satisfactory completion of a timed distance learning course examination. Such examination shall not be required to be monitored or given at a centralized location.
2. The commission shall provide for postlicensure education courses to be made available by correspondence or other suitable means to any person who, by reason of hardship, as defined by rule, cannot attend the place or places where courses are regularly conducted or does not have access to the distance learning courses.
(6) The postlicensure education requirements of this section, and the education course requirements for one to become initially licensed, do not apply to any applicant or licensee who has received a 4-year degree, or higher, in real estate from an accredited institution of higher education.
(7) The commission may not approve prelicensure or postlicensure distance learning courses for brokers, broker associates, and sales associates by correspondence methods, except in instances of hardship pursuant to subparagraphs (2)(a)3. and (5)(c)2.
Cited 10 times | Published | Florida 1st District Court of Appeal
...The public interest is protected where personal service is to be rendered by the licensed real estate agent through a requirement that the license may be issued only upon satisfactory proof of honesty, truthfulness, good reputation, competency, and experience. § 475.17, Fla....
... 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 ......
...n or to public policy." Hartford Acc. & Indemnity Co. v. City of Thomasville, 130 So. 7 (Fla. 1930) at 8. To allow an unregistered and unlicensed person to enter into a contract to sell Florida real estate is against the public policy of this State. Section 475.17(3), Florida statutes, explicitly provides that "The intent of the legislature in enacting this law is to elevate the profession of a real estate broker for the protection of the public," emphasis supplied; and as aforestated Section 475.17(1) provides that those seeking to become members of this profession must show that he is competent and qualified to make real estate transactions and conduct negotiations therefor, with safety to investors and to those with whom he may undertake a relationship of trust and confidence....
...Defendant First Union contends that plaintiff may not receive a commission because plaintiff was not a real estate broker at the time of the transaction in question. Plaintiff raises three defenses. First, it alleges that the "savings clause" of Fla. Stat. § 475.17(3) would allow plaintiff to recover a commission or compensation even though it was not properly licensed....
...of the Florida Statutes. Finally, plaintiff contends that Chapter 475 is unconstitutional under Article 3, Section 6 of the Florida Constitution (1968 revision). SAVINGS CLAUSE Upon the enactment of Fla.Stat. § 475.41, the legislature also enacted § 475.17(3) which provided that all "individuals" who had been engaged in the sale of, inter alia, business enterprises on January 1, 1982 were exempt from the licensing statute for two years....
...er for business interests prior to January 1, 1982 it was excused from the licensing requirement in December 1983. Plaintiff's position is incorrect. The Florida courts which have addressed the issue have concluded that the savings clause, Fla.Stat. § 475.17(3) applies only to individuals. See Hannah v. City Federal Savings and Loan Association, 500 So.2d 235 (Fla.Dist.Ct.App.1986). Since plaintiff is a corporation, it is not covered by the savings clause of Fla.Stat. § 475.17(3)....
...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. 475.17(3), Florida Statutes, providing qualifications for practice; providing for conditional repeal; providing an effective date....
Cited 4 times | Published | Supreme Court of Florida
...atute and it is upon this point that this case is considered and decided. Chapter 475, Florida Statutes, F.S.A. provides for the creation of the Florida Real Estate Commission and for licensing and regulation of the Real Estate Brokerage Profession. Section 475.17 defines the qualifications of applicants for registration, the first two sentences of which read as follows: "An applicant for registration who is a natural person shall be required to make it appear that he is twenty-one years of age,...
...ducing the principal to enter into a contract to sell his property to a person with whom the principal would not have voluntarily entered into such a contract. This conduct was the direct opposite of the word "truthful" used in the first sentence of Section 475.17 above quoted, and is the counterpart of the words "misrepresentation", "false pretenses" and "breach of trust" used in the first sentence of Subsection (1) (a) of Section 475.25 above quoted....
Cited 2 times | Published | Florida 4th District Court of Appeal
...a sufficient lapse of time has occurred for Petitioner to overcome the statutory disqualification applicable to Petitioner pursuant to § 475.25, F.S. [1] The foregoing order, in essence, makes the evidentiary hearing which was conducted pursuant to section 475.17(1), Florida Statutes (1981), [2] a meaningless gesture, notwithstanding the following findings of fact by the hearing officer [3] with respect to appellant's conduct in the five year period succeeding events which led to a consent order entered by the Securities and Exchange Commission: 4....
...dealings. It is apparent that the interest of the public and investors will not likely be endangered by the granting of the application for registration. Accordingly, it is concluded that applicant is qualified for licensure within the meaning of Subsection 475.17(1), supra, and the application should be granted....
...policy decision denying a license to the petitioner or, in the alternative, to issue a license to the petitioner. NOTES [1] Section 475.25, Florida Statutes (1981) provides the grounds upon which the Board may deny an application for licensure. [2] Section 475.17(1) provides in part: If the applicant has been denied registration or a license or has been disbarred, or his registration or license to practice or conduct any regulated profession, business, or vocation has been revoked or suspended,...
Cited 2 times | Published | Florida 5th District Court of Appeal
...stablished. At trial, Sullivan stated that he had been licensed in Florida for three and one-half years, the first year as a salesman and the balance as a broker. This testimony established that he was licensed on or about March 1, 1978. Pursuant to section 475.17, Florida Statutes (1981), Sullivan was then authorized to engage in real estate transactions....
Cited 2 times | Published | Florida 5th District Court of Appeal | 1988 WL 29177
...to establish her rehabilitation and right to be licensed. However, we do not agree that Antel's rehabilitation must necessarily be delayed until she has successfully completed her parole in 1993. AFFIRMED. ORFINGER and DANIEL, JJ., concur. NOTES [1] § 475.17(1)(a), Fla. Stat. (1985). [2] § 475.25(1)(f), Fla. Stat. (1985). [3] § 475.17(1)(a), Fla....
...1995) (noting that phrase “next preceding” is “an awkward phrase, arguably illogical, that commonly appears in drafting.”). 1 Though not commonly used today (for good reason), the phrase appears in other Florida Statutes, and generally older caselaw with this same meaning. See, e.g., § 475.17(1)(b), Fla....
...Estate Commission for the course prerequisite to registration as a real estate salesman, shall also be deemed to have satisfactorily completed the salesman’s course . . .’ “Regulation 21V-3.03, here under attack, was promulgated pursuant to F.S. 475.17(4), F.S.A., which statute contains the following language: ‘When the commission has established an educational course or ....
...elationship to public safety, health, morals and general welfare in a rule which requires the taking of educational courses only in the State of Florida. The very use of the words “educational courses, or its, or their, equivalent” in Fla. Stat. § 475.17 (4), F.S.A., which grants authority to the Commission to require educational courses, indicates that the standard is to be the substantive content of the course or courses and not the place in which they are taken....
...The effect of the trial court’s order is to require the Commission to give the examination to the appellee without the appellee complying with the rules applied to others. For example, he would not be required to prove compliance with other portions of Fla.Stat. § 475.17, F.S.A., which require residence in this state and proof of good moral character....
...The offense was committed on January 18, 1962, five years prior to the application. On February 13, 1967, the respondent Commission denied the application with the view that it revealed on its face that the applicant was not “of good character” as required by Fla.Stat. § 475.17 (1965), F.S.A....
...Smart’s earlier real estate broker’s license was revoked in 1977 when he was found guilty of attempted grand larceny by failing to escrow funds, with the adjudication of guilt being withheld. At a 1981 hearing to determine rehabilitation, a hearing officer concluded that Smart had met his burden of proof under Section 475.17, Florida Statutes (1979), that by lapse of time, subsequent good conduct and reputation, the public would not be hurt by his relicensure....
...In support of his argument that he possesses something in the nature of a secondary residency in the State of Florida so as to preclude operation of the subject statute of revocation in his case, petitioner seeks to distinguish the residency requirement made a prerequisite to initial licen-sure found in Section 475.17(1), Florida Statutes, F.S.A., from the “nonresident” status contemplated by the revocation section....
...Prior to 1983, sales of business enterprises fell outside of Chapter 475. When the statute was amended to include and thereby regulate “business brokers” after January 1, 1982, the legislature apparently created a two year grace period for individuals who deal in business enterprises or business opportunities. § 475.17(3), Fla.Stat....
...titioner. WALDEN, C. J., and REED, J., concur. . F.S. 475.42 F.S.A. Violations and penalties.— “(1) Violations.— “(g) No person shall make any false affidavit or affirmation intended for use as evidence by or before the commission* * *." . F.S. 475.17(3), F.S.A....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
