NONRESIDENT LICENSE REQUIREMENTS
Florida resident defined
Nonresident application requirements
The Occupational Opportunity Act
defined Florida statutes define a resident as
1) a person who has resided in Florida, continuously for a period of 4 calendar months or more, within the preceding one year; or
2) a person who presently resides in Florida with the intention to reside continuously in Florida for a period of 4 months or more, commencing on the date that the person began the current period of residence in Florida.
requirements Nonresident applicants need not hold a license in their state of residency to become Florida-licensed. To apply for licensure in Florida, an applicant must submit the appropriate DBPR application form for a sales associate or broker license along with the required fee, fingerprints, and any required supporting documentation, including a certification of license history issued by the state from which the applicant is claiming mutual recognition. Section 2: Real Estate License Law / Qualifications for Licensure 35
Mutual recognition Mutual recognition agreements allow Florida to recognize and accept the prelicense education and experience obtained in the other state as a substitute for the requirements in the state where the nonresident is applying for a license.
The nonresident applicant must pass a written examination on general real estate law and codes with emphasis on Chapters 455 and 475 and Chapter 61J2. The Laws and Rules examination contains 40 questions and requires the applicant to correctly answer at least 30 of those questions. Only after passing the examination will the applicant be issued a Florida license. The nonresident licensee is then responsible for completing all post-license and continuing education that is required of a Florida licensee.
Florida licensees may seek licensure in any state that has a mutual recognition agreement with Florida, keeping in mind that each state may have different requirements for nonresident licensure. To apply for a nonresident license, the Florida licensee should contact the other state’s real estate commission.
Mutual recognition vs. reciprocity. A mutual recognition agreement is contracted between two states and sets forth that the states will recognize and accept each other’s real estate prelicense education requirements.
Reciprocity is an agreement between states to allow licensees of one state to obtain a license in the other state without completing the full licensing requirements of the other state. While each reciprocal state has its own specific requirements, most do not require the nonresident licensee to pass an examination for licensure in the reciprocal state.
Florida currently holds mutual recognition agreements with several states but does not have reciprocity agreements with any states.
Opportunity Act Although Florida does not have reciprocity agreements with other states, the Occupational Opportunity Act (FL House Bill 615, as amended in Chapter 2017-135) mandates that Florida provide reciprocal licensure for military members, their spouses, their surviving spouses, and low-income individuals. The Act covers all professions regulated by the DBPR, including real estate. The purpose of the Act is to make transfers to Florida easier for military members and spouses who hold licenses in the same profession in another state.
To qualify under the Act, military members must either be currently on active duty or have been honorably discharged. Surviving spouses qualify if the military member was on active duty at the time of death. Proof of the member’s active duty must be submitted at the time of application. Applicants must be licensed in good standing in another state and must submit fingerprints for a background check at the time of application.
The Act waives initial license fees, but the applicant must pay fingerprint fees. The Act also waives requirements for prelicense education and examination, but 36 Principles of Real Estate Practice in Florida
the licensee must meet all renewal education and fee requirements. Reciprocity is available for up to 2 years after discharge from active duty to those who qualify under the Act.