Jennifer L. DeSantis, Esq. on behalf of DeSantis Commercial, Inc, that was filed on September 16, 2005. The Notice of Petition for Declaratory Statement was published in Volume 31, No. 39, of the September 30, 2005, Florida Administrative Weekly.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate Commission

The Florida Real Estate Commission hereby gives notice that it has issued an Order on the Petition for Declaratory Statement that was filed on September 16, 2005, by Jennifer L. DeSantis, Esq. on behalf of DeSantis Commercial, Inc. The Notice of Petition for Declaratory Statement was published in Volume 31, No. 39, of the September 30, 2005, Florida Administrative Weekly. Petitioner sought the Commission’s interpretation as to whether an individual exempt under Section 475.11(2), Florida Statutes, at the time he procures an executed contract for sale, is paid a salary; but, if that individual becomes a licensed real estate sales associate prior to the closing of that contract, is the individual entitled to a commission or other compensation on a transactional basis, or does Section 475.41, Florida Statutes, preclude same? If no commission is payable, can payment continue on a salary basis? The Commission considered the Petition at its meeting held on October 18-19, 2005, in Orlando, Florida. The Commission’s Order, filed on February 20, 2006, GRANTED the Petition for Declaratory Statement and provided that Section 475.011(2), Florida Statutes, precludes payment of a commission to a licensee, who is not licensed at the time of first involvement in the transaction.

A copy of the Commission’s Order may be obtained by contacting Lori Crawford, Deputy Clerk, Division of Real Estate, 400 West Robinson Street, Suite N801, Orlando, Florida 32801.