Who Makes The Florida Real Estate Laws?

If you didn’t like a real estate law and wanted it changed, how would you go about that?  This isn’t just a theoretical question.  It’s something you need to know for the Florida real estate sales associate exam.

First, let’s talk about laws vs. rules.  We have to follow laws or statutes.  These include state laws like Chapter 475 F.S., Chapter 455 F.S., and federal laws such as the Fair Housing Act or Real Estate Settlement Procedures Act.  If it’s a state law, it has to be passed by the Florida Legislature.

We also have to follow rules such as Chapter 61J2, FAC.  For our purposes, we will say that a rule is easier to pass than laws, but the consequences are violating it aren’t as severe.  That’s not 100% true in every case, but I think it’s true enough for our purposes.  Rules are passed by the Florida Real Estate Commission (FREC).

So, if you want a law changed, you need to talk to the Florida Legislature.  If you want a rule changed, you talk to the FREC.  You can remember that “law” and “legislature” both start with L.  FREC has a “R” in it, so it goes with “rule”.

Please note that neither I, nor anyone in the Climer family, have any affiliation with Climer School of Real Estate.  My father, Ron Climer, sold Climer School of Real Estate in 2014.  You can find me at Demetree School of Real Estate.