Florida real estate license law and the FREC for exam candidates
Last reviewed: November 2026
Florida real estate license law is Chapter 475, Part I, Florida Statutes. It decides who needs a license, how you qualify, how you keep the license active and what happens when a licensee breaks the rules. The Legislature regulates brokers, sales associates and schools "in the interest of the public welfare" (s. 475.001, F.S.).
On the sales associate exam, license law sits in area II (6%) and area III (2%), and its discipline rules feed area VI (3%). Many of its rules come down to exact numbers.
FREC vs DBPR: who does what
| Florida Real Estate Commission (FREC) | DBPR, Division of Real Estate | |
|---|---|---|
| What it is | A 7-member commission created within DBPR (s. 475.02) | The department's division that provides services under the chapter (s. 475.021) |
| Main job | Adopts rules, decides questions of practice, disciplines licensees (ss. 475.05, 475.25) | Record keeping, examinations, legal and investigative services (s. 475.021(1)) |
| Who issues the license | Certifies that an applicant qualifies (s. 475.181(2)) | Issues the license to the applicant the commission certifies (s. 475.181(1)) |
How the commission is made up
- Seven members, appointed by the Governor and confirmed by the Senate, for 4-year terms.
- Four are brokers with an active license for the 5 years before appointment.
- One is a broker or sales associate with an active license for the 2 years before appointment.
- Two have never been brokers or sales associates.
- At least one member must be 60 or older (s. 475.02, F.S.).
Who needs a license
A "broker" is anyone who, for another and for compensation, sells, buys, rents, exchanges, appraises, auctions or advertises real property or business opportunities, or helps procure buyers, sellers or tenants (s. 475.01(1)(a)). A sales associate does the same acts under the direction, control or management of a broker (s. 475.01(1)(j)). A broker associate qualifies as a broker but works as a sales associate for another broker (s. 475.01(1)(b)).
One act is enough. Each prohibited act is a separate offense (s. 475.01(3)). Operating without a valid, current, active license is a third-degree felony (s. 475.42(1)(a)).
Exemptions from licensure
Section 475.011 lists who does not need a license. The ones the exam likes:
- an attorney in fact executing contracts or conveyances only, and an attorney at law within the scope of legal duties;
- a CPA within the scope of accounting duties;
- a personal representative, receiver, trustee or magistrate appointed by will or court order;
- an owner selling, exchanging or leasing its own property (but not through people paid per transaction in the ordinary course of selling to the public);
- salaried employees of an apartment community's owner working in the on-site rental office;
- salaried condominium or co-op managers renting units for periods of 1 year or less;
- state-certified appraisers performing appraisals under Part II.
Qualifying for a sales associate license
- At least 18, with a high school diploma or equivalent, honest and of good character (s. 475.17(1)(a)).
- A prelicense course of up to 63 classroom hours of 50 minutes; more than 8 hours of absences and no completion notice is issued (s. 475.17(2)(a)1.).
- Fingerprints for state and FBI background checks (s. 475.175(1)(a)).
- Pass the state exam. The application expires 2 years after DBPR receives it if you have not passed, and the course completion expires 2 years after the course ends (s. 475.181(2)).
Holders of a 4-year degree in real estate are exempt from the prelicense and post-license courses (s. 475.17(6)). The steps and costs are covered in our Florida real estate exam guide and exam cost breakdown.
Renewal, post-licensing and continuing education
| Requirement | Sales associate | Statute |
|---|---|---|
| Post-licensing education | Up to 45 hours before the first renewal; miss it and the license is null and void | s. 475.17(3)(a), (c) |
| Continuing education | 14 hours per renewal period after the first renewal | s. 475.182(1)(a); s. 475.17(5)(b) |
A broker license needs at least 24 months as an active sales associate in the preceding 5 years (s. 475.17(2)(b)1.).
Active, voluntarily inactive and involuntarily inactive
- Voluntarily inactive: you applied and paid the fee (s. 475.01(1)(m)). Reactivation requires CE set by rule, up to 12 hours for each year inactive (s. 475.183(1)).
- Involuntarily inactive: the license was not renewed on time (s. 475.182(3)). Up to 12 months: 14 hours of CE to reactivate. More than 12 but fewer than 24 months: 28 hours (s. 475.183(2)(a)).
- Expired: involuntarily inactive for more than 2 years. The license is null and void (s. 475.183(2)(b)).
Changing employers and other notices
A sales associate's license stops being in force when they change employer. The licensee must notify the commission within 10 days (s. 475.23). A sales associate may have only one registered employer at a time (s. 475.215(2)) and may not work as a sales associate for anyone other than that employer (s. 475.42(1)(b)). A licensee who pleads guilty or no contest to a felony, or is convicted of one, must tell the commission in writing within 30 days (s. 475.25(1)(p)).
Discipline and penalties
Under s. 475.25(1), the commission may deny an application, place a licensee on probation, suspend for up to 10 years, revoke, issue a reprimand, and fine up to $5,000 per count. Grounds include fraud and culpable negligence, false advertising, escrow failures, sharing commissions with unlicensed persons and violating brokerage relationship duties. An administrative complaint must be filed within 5 years of the act or its discovery (s. 475.25(5)). Most criminal violations of s. 475.42(1) are second-degree misdemeanors (s. 475.42(2)); unlicensed practice is the felony noted above.
Duties to buyers and sellers are on a separate page: transaction broker vs single agent. Escrow rules are in escrow deposits for Florida licensees.
Exam traps in license law
- 45 hours is post-licensing (once, before the first renewal); 14 hours is CE (every renewal after that).
- Change of employer: 10 days. Felony plea: 30 days.
- Suspension maximum is 10 years; the fine is per count, not per case.
Practice question
A licensee's license has been involuntarily inactive for 18 months. What does she need to reactivate it?
A) 14 hours of CE. B) 28 hours of education. C) Retake the prelicense course and exam. D) Nothing; it expired.
Answer: B. More than 12 but fewer than 24 months requires 28 hours (s. 475.183(2)(a)). A license involuntarily inactive for more than 2 years expires and becomes null and void (s. 475.183(2)(b)).
Test yourself
The free Florida practice test has license law questions with the statute cited in each explanation. For more area II, III and VI questions and full timed exams, see the paid question bank.
Real Estate Drill is an independent study tool, not legal advice. We are not affiliated with FREC, DBPR or Pearson VUE.