Florida Rulebook · 475.25(1)(h), Florida Statutes · 475.42(1)(e), Florida Statutes · 475.011(13), Florida Statutes
Can a Florida agent pay a referral fee to someone without a license?
The law says a licensee may not share a commission or pay a referral fee to someone who is not licensed in Florida as a broker, broker associate, or sales associate. There is an exception for brokers licensed in other states. There is also a small exception for apartment tenants.
What the law says
- A licensee can be disciplined for sharing a commission with, or paying a fee to, a person not properly licensed in Florida for referring real estate business, clients, prospects, or customers (475.25(1)(h)).
- It does not matter whether the unlicensed person made the referral from inside Florida or from somewhere else (475.25(1)(h)).
- A licensed Florida broker may pay a referral fee or share a commission with a broker licensed or registered in another state, as long as that broker does not break Florida law (475.25(1)(h)).
- Any person, not only licensees, may not commit the conduct in 475.25(1)(h); this is listed as a violation in 475.42(1)(e).
- Violations of 475.42(1) are a misdemeanor of the second degree, unless the chapter sets a different punishment (475.42(2)).
- A property management firm or apartment owner may pay an unlicensed tenant of that apartment complex a finder's or referral fee of no more than $50 per transaction (475.011(13)).
- Discipline under 475.25(1) can include license suspension for up to 10 years or revocation (475.25(1)).
“Has shared a commission with, or paid a fee or other compensation to, a person not properly licensed as a broker, broker associate, or sales associate under the laws of this state”
475.25(1)(h), Florida Statutes
Who this is for
For agents
Last checked against the official text on November 5, 2026. Laws change, and the official text always wins. This is general information, not legal advice. For your own situation, ask a Florida real estate attorney.