HB 861 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0861-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to residential real estate listing 2
agreements; creating s. 475.279, F.S.; defining terms; 3
specifying a limitation on the term of an option to 4
enter into a listing agreement for the disposition of 5
residential real property; prohibiting a court from 6
enforcing an option to enter into a listing agreement 7
by certain means; requiring notice and a written 8
agreement of the residential property owner bef ore a 9
broker may assign the option to enter into a listing 10
agreement to another broker; providing construction; 11
providing penalties for violations; providing an 12
effective date. 13
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Be It Enacted by the Legislature of the State of Florida: 15
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Section 1. Section 475.279, Florida Statutes, is created 17
to read: 18
475.279 Option to enter into a listing agreement for the 19
disposition of residential real property. — 20
(1) As used in this section, the term: 21
(a) "Disposition" means a transfer or voluntary conveyan ce 22
of the title or other ownership interest in residential real 23
estate. 24
(b) "Option to enter into a listing agreement" means a 25
HB 861 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0861-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
signed writing wherein a broker pays valuable consideration to a 26
person granting the broker an exclusive right to enter into a 27
listing agreement with the person at a future date during the 28
term of the signed writing. 29
(c) "Residential real property" means improved residential 30
property of four units or fewer or unimproved residential real 31
property intended for four units or fewer. 32
(2) An option to enter into a listing agreement for the 33
disposition of residential real property may not exceed a term 34
of 6 months. 35
(3) An option to enter into a listing agreement may not 36
constitute a lien, encumbrance, or security interest in the 37
residential real property. A court may not enforce an option to 38
enter into a listing agreement by a lien or constructive trust 39
in the residential real property or upon the proceeds of the 40
disposition of the residential real property. 41
(4) An option to enter into a listing agreement must 42
require notice and written agreement of the residential property 43
owner before the broker may assign the option to enter into a 44
listing agreement to another broker. 45
(5) As a matter of public policy, a listing agreement or 46
an option to enter into a listing agreement that does not meet 47
the requirements of this section is unenforceable in law or 48
equity and may not be recorded by the clerk of the circuit 49
court. 50
HB 861 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0861-00
Page 3 of 3
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(6) A violation of this section is deemed an unfair or 51
deceptive trade practice within the meaning of part II of 52
chapter 501, and a person who violates this section is subject 53
to the penalties and remedies provided therein. 54
Section 2. This act shall take effect July 1, 2023. 55