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Applicants must be at least 18 years old, mentally competent, and possess a high school diploma or its equivalent. Applicants must demonstrate they are of good character, honest, truthful, and trustworthy, and that they are competent to conduct negotiations and participate in transactions with safety to investors and to those with whom they may enter into a relationship of trust and confidence.
The application must be accompanied by an electronic fingerprint and the appropriate fee, which includes the fee for the initial license.
Applicants will be considered for licensure from the information submitted on the application, favorable replies from references listed, and a favorable report from the fingerprint card check with the Federal Bureau of Investigation.
Applicants do not have to be Florida residents; nor do they have to be U.S. citizens. Nonresidents must provide a notice of irrevocable consent indicating that a suit may be brought in any county in Florida in which a plaintiff having a cause of action resides.
Complete and pass the state-mandated 63-hour Sales Associate Pre-licensing course and pass the end-of-course exam with a minimum score of 70%. The school issues a notice of successful completion that is valid for two years.
Present the notice of successful completion upon appearance for the state examination.
Pass the state licensing examination with a score of 75% or higher within two years of the state's receipt of your application.
In order to practice real estate as an active Sales Associate, licensees must be registered with an actively licensed Broker.
1) an active Sales Associate’s license for at least twelve 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 nay foreign national jurisdiction;
2) A current and valid real estate salesperson’s license for at least 12 months during the preceding 5 years in the employ of a governmental agency for a salary and performing authorized real estate duties; or
3) A current and valid real estate broker’s license for at least 12 months during the preceding 5 years in any other state territory, or jurisdiction of the United States or in any foreign national jurisdiction.
Furthermore, persons licensed as Sales Associates in Florida during the preceding 5 years must have completed the Sales Associate post-licensure educational requirements prior to becoming licensed as a real estate Broker.
- Complete the state-mandated 72-hour Broker Pre-licensing course and pass the end-of-course examination with a minimum score of 70%. The school issues a notice of successful completion that is valid for two years.
- Apply for the state licensing examination within 120 days of the expiration date of the notice of successful completion.
- Present the notice of successful completion upon appearance for the state examination. Pass the state licensing examination with a score of 75 % or higher within two years of the state's receipt of the applciation.
An active member of the Florida Bar who is otherwise qualified for licensure as a real estate Sales Associate is exempt from the FREC-prescribed education course for licensure as a Sales Associate. This must be noted on the application by attaching a copy of the applicant’s current bar card (61J2-3.008, F.A.C.).
An individual who, within the last year, has taken and satisfactorily completed real estate courses offered by an accredited college, university, community college, or real estate school licensed in Florida (covering the same material, hours of attendance, and completion standards as prescribed by the FREC as a prerequisite to licensing as a Sales Associate or Broker) may be deemed to have satisfactorily completed the educational course.
The pre-license education requirement for a Sales Associate or Broker is waived for any individual who has obtained a degree with a major in real estate.
Mutual recognition allows the FREC to enter into written agreements with similar licensing authorities. Such agreements allow nonresidents of Florida to complete a 40-question examination on Florida real estate license law instead of the Sales Associate or Broker pre-licensing course. Applicable post-license education is still required (475.180, F.S.; 61J2-26.001, F.A.C.).
Specific exemptions exist in the real estate license law for certain situations. Persons who are exempt can perform a service of real estate in Florida for another and be compensated without being the holder of a real estate license.
Owners of Property (Chapter 475.011, F.S.)
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Individual owners. Individual owners are exempt when dealing for themselves. Partnership owners. Partnership owners are exempt provided each partner shares only in the profits of the partnership consistent with his pro rata share of ownership.
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Corporation owners.
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Employees of owners. The employees of an owner of real property are exempt when dealing with the owner’s property as long as the employees are not paid strictly on a transactional basis. Owners include individuals, partnerships, corporations, trusts, and joint ventures. This exemption exists only if no commission or other compensation based on a transactional basis is paid.
Persons dealing only in personal property are exempt, such as mortgage brokers. While mortgage brokers do not need a real estate license, they must be licensed as mortgage brokers under Chapter 494, F.S.
Persons soliciting patrons for places of lodging are exempt (such as managers and desk clerks at hotels, motels, and rooming houses).
Salaried employees of an apartment community owner (or of a registered broker for an owner) are exempt if they work in an on-site rental office in a leasing capacity. Anyone other than an owner who performs leasing services in commercial or industrial properties must be licensed.
Salaried managers of a condominium building(s) or a cooperative apartment building(s) are exempt when performing any duties they may have in relation to the renting or leasing of individual units within such condominium or cooperative building(s). Rentals and leases of said units cannot exceed one year.
Persons renting mobile home lots or recreational vehicle lots in mobile home or travel parks are exempt.
Persons dealing in cemetery lots are exempt.
Persons engaged in public relations and advertising, such as radio and television announcers, are exempt when performing services incidental to their employment.
Attorneys-in-fact are exempt only when executing (signing) legal documents, contracts, deeds, or conveyances for another as may be authorized by their power of attorney.
Attorneys-at-law are exempt when acting within the scope of their legal duties. An attorney cannot be paid a referral fee or share in a commission unless he or she holds an active real estate license.
Certified public accountants (CPAs) are exempt when acting within the scope of their duties.
Persons acting within the limitations of their court, legal, or statutory duties are exempt. This includes the following:
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court-appointed appraisers;
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personal representatives;
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receivers;
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trustees; and
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general and special masters in chancery.
State-registered trainee, licensed, or certified appraisers qualified to appraise real property
under F.S. 475, Part II, are limited to those appraisal services that their status allows and
may not be paid for any other service of real estate.
Employees of the specialty owners shown in the following list are exempt when acting within the scope of their employment, for which no compensation in addition to the employee’s salary is paid, to buy, sell, appraise, exchange, rent, auction, or lease any real property or any interest in real property on behalf of their employer:
Persons or other legal entities engaged in the negotiations and sale or leasing of radio, television, or cable enterprises regulated by the Federal Communications Commission are exempt, except that a sales associate or broker must be retained for that portion of a transaction that includes real property.
Any full-time graduate student who is enrolled in an approved degree program in a Florida university or college is exempt if the student is acting under the direct supervision of a broker and is engaged only in appraisal activities related to the approved degree program.
Time-share exchange companies are exempt to the extent that the exchange company is engaged in exchange program activities pursuant to Chapter 721 F.S., (the Florida Vacation Plan and Timesharing Act).
Any person is exempt who appraises under the unit-rule method of valuation; for example, a railroad or railroad terminal company assessed for ad valorem tax purposes pursuant to Chapter 193.085, F.S., is exempt.
Any person, partnership, corporation, or other legal entity that rents property for transient (defined as temporary) occupancy is exempt if it is a public lodging establishment licensed under Chapter 509, F.S.
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