CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 340

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Clary moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 52, between lines 25 and 26,

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16  insert:

17         Section 41.  Section 475.2755, Florida Statutes, is

18  created to read:

19         475.2755  Designated salesperson.--

20         (1)  For purposes of this part, in any real estate

21  transaction other than a residential sale as defined in s.

22  475.276, if the buyer and seller have assets of $1 million or

23  more, the broker, at the request of the customers, may

24  designate salespersons to act as single agents for different

25  customers in the same transaction. Such designated

26  salespersons have the duties of a single agent as outlined in

27  s. 475.278(3), including disclosure requirements as provided

28  in s. 475.278(3)(b) and (c). In addition to meeting those

29  disclosure requirements, the buyer and seller as customers

30  must both sign disclosure forms stating that their assets meet

31  the test as described in this paragraph and requesting that

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 340

    Amendment No.    





 1  the broker use the designated-salesperson form of

 2  representation.

 3         (2)  In lieu of the transition disclosure requirement

 4  set forth in s. 475.278(3)(c)2., the required disclosure

 5  notice must include the following provisions:

 6         (a)  The designated salesperson may not disclose,

 7  except to the broker or persons specified by the broker,

 8  information made confidential by request or at the instruction

 9  of the customer whom the designated salesperson is

10  representing.

11         (b)  The designated salesperson may disclose

12  information that is allowed to be disclosed or required to be

13  disclosed by this part.

14         (c)  A designated salesperson may disclose to his or

15  her broker, or to persons specified by the broker,

16  confidential information of a customer for the purpose of

17  seeking advice or assistance for the benefit of the customer

18  with regard to a transaction. The broker must keep this

19  information confidential and must not use the information to

20  the detriment of the other party.

21         (3)  As used in this section, the term "buyer" or the

22  term "seller" means, respectively, a transferee or a lessee in

23  a real property transaction, or the transferor or lessor in a

24  real property transaction.

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26  (Redesignate subsequent sections.)

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29  ================ T I T L E   A M E N D M E N T ===============

30  And the title is amended as follows:

31         On page 3, line 30, after the semicolon

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 340

    Amendment No.    





 1  insert:

 2         creating s. 475.2755, F.S.; providing for the

 3         use of a designated salesperson for a real

 4         estate transaction other than a residential

 5         sale, under specified conditions; providing

 6         duties of designated salespersons; providing

 7         requirements for disclosure; defining the terms

 8         "buyer" and "seller," as used in this section;

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