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Can a Florida sales associate stay registered with a residential brokerage while working for a separate apartment company that pays a commission or bonus for signed leases?

Staff Q&A from the 63Hours team.

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A Florida sales associate cannot simply use the same license to perform brokerage work for two separate registered employers at once. Whether the apartment job is permitted depends on the actual duties, employer and compensation arrangement, not just its job title.

Florida Statutes section 475.215 limits a sales associate or broker associate to one registered employer at a time. Rules allowing certain additional broker licenses are not a general permission for sales associates to work under several employers.

Rentals can involve licensed brokerage activity. Before accepting the second job, put the following details in writing:

  • Who owns the apartments and who would employ you?
  • Would you only perform administrative tasks, or also find prospects, show units and negotiate leases?
  • Would compensation be salary, a leasing commission, a transaction bonus or a combination?
  • Would the work be conducted through your registered brokerage or independently of it?

Take that description to your broker and, where needed, DBPR or a Florida attorney. Some owner-employee and other statutory exceptions may be relevant, but an exception must actually fit the facts. An employer's assurance that everyone does it is not a licensing determination.

For example, an unrelated apartment company offering payment for each lease you negotiate creates a different question from a clerical role that does not involve licensed activity. Do not assume calling the payment a bonus settles the issue.

The restrictions in section 475.42 also matter when considering work and compensation outside your registered employment. Our real estate business guide explains why rentals belong in the licensing discussion.

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