Florida Senate - 2023                                     SB 770
       
       
        
       By Senator Bradley
       
       
       
       
       
       6-00472C-23                                            2023770__
    1                        A bill to be entitled                      
    2         An act relating to residential real estate listing
    3         agreements; creating s. 475.279, F.S.; defining terms;
    4         specifying a limitation on the term of an option to
    5         enter into a listing agreement for the disposition of
    6         residential real property; prohibiting a court from
    7         enforcing an option to enter into a listing agreement
    8         by certain means; requiring notice and a written
    9         agreement of the residential property owner before a
   10         broker may assign the option to enter into a listing
   11         agreement to another broker; providing construction;
   12         providing penalties for violations; providing an
   13         effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 475.279, Florida Statutes, is created to
   18  read:
   19         475.279 Option to enter into a listing agreement for the
   20  disposition of residential real property.—
   21         (1) As used in this section, the term:
   22         (a) “Disposition” means a transfer or voluntary conveyance
   23  of the title or other ownership interest in residential real
   24  estate.
   25         (b) “Option to enter into a listing agreement” means a
   26  signed writing wherein a broker pays valuable consideration to a
   27  person granting the broker an exclusive right to enter into a
   28  listing agreement with the person at a future date during the
   29  term of the signed writing.
   30         (c) “Residential real property” means improved residential
   31  property of four units or fewer or unimproved residential real
   32  property intended for four units or fewer.
   33         (2) An option to enter into a listing agreement for the
   34  disposition of residential real property may not exceed a term
   35  of 6 months.
   36         (3) An option to enter into a listing agreement may not
   37  constitute a lien, encumbrance, or security interest in the
   38  residential real property. A court may not enforce an option to
   39  enter into a listing agreement by a lien or constructive trust
   40  in the residential real property or upon the proceeds of the
   41  disposition of the residential real property.
   42         (4) An option to enter into a listing agreement must
   43  require notice and written agreement of the residential property
   44  owner before the broker may assign the option to enter into a
   45  listing agreement to another broker.
   46         (5) As a matter of public policy, a listing agreement or an
   47  option to enter into a listing agreement that does not meet the
   48  requirements of this section is unenforceable in law or equity
   49  and may not be recorded by the clerk of the circuit court.
   50         (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.