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Licensed Brokers:
Florida Statutes § 475.25(1)(h) states:
"... a licensed broker of this state may pay a
referral fee or share a real estate brokerage commission with a
broker licensed or registered under the laws of a foreign state so
long as the foreign broker does not violate any law of this state."
Florida Statutes
Unlicensed Persons -
475.42(1)(a).
A person may not
operate as a broker or sales associate without being the holder of a
valid and current active license therefor. Any person who
violates this paragraph commits a felony of the third degree,
punishable as provided in s. 775.082 or s. 775.083, or, if a
corporation, as provided in s. 775.083.
775.082(d). For a felony of the third degree,
by a term of imprisonment not exceeding 5 years.
775.083(c). $5,000, when the conviction is of a
felony of the third degree.
475.01 Definitions -
(1) As used in this part:
(a) "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 compensation or valuable consideration therefor,
appraises, auctions, sells, exchanges, buys, rents, or offers,
attempts or agrees to appraise, auction, or negotiate the sale,
exchange, purchase, or rental of business enterprises or business
opportunities or any real property or any interest in or concerning
the same, including mineral rights or leases, or who advertises or
holds out to the public by any oral or printed solicitation or
representation that she or he is engaged in the business of
appraising, auctioning, buying, selling, exchanging, leasing, or
renting business enterprises or business opportunities or real
property of others or interests therein, including mineral rights, or
who takes any part in the procuring of sellers, purchasers, lessors,
or lessees of business enterprises or business opportunities or the
real property of another, or leases, or interest therein, including
mineral rights, 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, exchange, or leasing
thereof, and who receives, expects, or is promised any compensation
or valuable consideration, directly or indirectly therefor;
and all persons who advertise rental property information or lists. A
broker renders a professional service and is a professional within
the meaning of s. 95.11(4)(a). Where the term "appraise" or
"appraising" appears in the definition of the term
"broker," it specifically excludes those appraisal services
which must be performed only by a state-licensed or state-certified
appraiser, and those appraisal services which may be performed by a
registered trainee appraiser as defined in part II. The term
"broker" also includes any person who is a general partner,
officer, or director of a partnership or 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.
(b) "Broker associate" means a person who is
qualified to be issued a license as a broker but who operates as a
sales associate in the employ of another.
(j) "Sales associate" means a person who
performs any act specified in the definition of "broker,"
but who performs such act under the direction, control, or management
of another person. A sales associate renders a professional service
and is a professional within the meaning of s. 95.11(4)(a).
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