Fla. Admin. Code Ann. R. 61J2-14.010 - Real Estate Broker
(1) Every broker
who receives from sales associates, principals, prospects, or other persons
interested in any real estate transaction, any deposit, fund, money, check,
draft, personal property, or item of value shall immediately place the same in
a bank, savings and loan association, trust company, credit union or title
company having trust powers, in an insured escrow or trust account. The broker
must be a signatory on all escrow accounts. If the brokerage entity has more
than one broker licensee, then one broker licensee may be designated as the
signatory. If the deposit is in securities, intended by the depositor to be
converted into cash, the conversion shall be made at the earliest practical
time, and the proceeds shall be immediately deposited in said
account.
(2) A broker may place and
maintain up to $1, 000 of personal or brokerage funds per each sales escrow
account. A broker may place and maintain up to $5, 000 of personal or brokerage
funds per each property management escrow account. Personal or brokerage funds
in any escrow account shall not exceed $5, 000 per account. A broker shall be
provided a reasonable amount of time to correct escrow errors if there is no
shortage of funds and such errors pose no significant threat to economically
harm the public. For purposes of this subsection, reasonable amount of time
shall be defined as 30 days from the date the last reconciliation statement was
performed or should have been performed.
Notes
Rulemaking Authority 475.05 FS. Law Implemented 475.25(1)(d)1., (k) FS.
New 1-1-80, Formerly 21V-14.10, Amended 2-17-86, 10-13-88, 12-29-91, 6-28-93, Formerly 21V-14.010, Amended 2-5-04.
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