Exemptions from licensure
Fla. Stat. 475.011 lists people to whom Part I of Chapter 475 does not apply. Each exemption is narrow. Exam questions usually test the limit, not the exemption itself, so learn the condition attached to each one.
The list
| Subsection | Who is exempt | The catch |
|---|---|---|
| (1) | An attorney in fact | Only for executing contracts or conveyances |
| (1) | An attorney at law or a certified public accountant | Only within the scope of their professional duties |
| (1) | A personal representative, receiver, trustee or magistrate appointed by will or court order, and a trustee under a trust whose ultimate purpose is charitable or philanthropic or provides for those with a natural right to the donor's or trustor's bounty | Only while acting in that role |
| (2) | An owner selling, exchanging or leasing her or his own real property | Not if the owner uses agents, employees or independent contractors paid on a transactional basis to sell to the public in the ordinary course of business |
| (3) | Salaried employees of a public utility, rural electric cooperative, railroad, or government agency dealing in the employer's property | No extra pay for the real estate work |
| (4) | Salaried employees of an apartment community owner, or of a broker for the owner, working in an onsite rental office in a leasing capacity | Salaried and onsite |
| (5) | Salaried managers of a condominium or cooperative who rent units | Rental terms of no more than 1 year |
| (6) | People who sell FCC-regulated radio, TV or cable businesses | A licensee must handle any land, buildings or improvements |
| (7) | Full-time graduate students in an approved appraisal program | Under supervision, with reports issued in the supervisor's name |
| (8) | Timeshare owners reselling their own periods, and timeshare exchange companies | Exchange companies only while running a compliant exchange program |
| (9) | Appraisers and trainee appraisers credentialed under part II of Chapter 475 | Only when appraising under that part |
| (10) | People appraising railroads with the unit-rule method for ad valorem tax | Only that work |
| (11) | People who rent or advertise transient lodging in public lodging establishments licensed under Chapter 509 | Transient occupancy only |
| (12) | Registered securities dealers and federally insured banks selling business enterprises to accredited investors | Not land or buildings sold apart from a business |
| (13) | Property managers and apartment owners paying an unlicensed tenant a finder's or referral fee | No more than $50 per transaction, and the tenant may not advertise the service |
Owners and the "transactional pay" trap
The owner exemption in 475.011(2) is the one people rely on most. A homeowner can sell her own house with no license. But an owner, including a company, cannot build a sales force of people paid per deal and call it "selling our own property." Once the owner uses agents, employees or independent contractors paid strictly on a transactional basis to sell to the public in the ordinary course of business, the exemption is lost.
Attorneys are exempt only as attorneys
A lawyer who drafts a contract or closes a deal is exempt under 475.011(1). A lawyer who lists homes and collects a commission is acting as a broker and needs a license like anyone else. The same reasoning applies to an attorney in fact, whose exemption covers only executing contracts or conveyances under the power of attorney.
Salary is the theme
Subsections (3), (4) and (5) all turn on the person being salaried. Paying per lease or per sale points toward brokerage, which requires a license.
The $50 finder's fee
Under 475.011(13), an apartment owner or property manager may pay a tenant in the complex a finder's or referral fee for introducing a new renter, but the value may not exceed $50 per transaction, and the unlicensed tenant may not advertise that service. Paying a finder's or referral fee to an unlicensed person outside this exemption is itself a violation.
Remember the theme of 475.01: helping someone else with a real estate deal for pay is brokerage. If no exemption fits, a license is required.