Authorized Brokerage Relationships and Required Disclosures:
HB 805, titled the "Access to Fair and Transparent Real Estate Listings Act," would amend Florida’s real estate brokerage disclosure law to change the duties of transaction brokers and single agents under s. 475.278, F.S. The bill adds a new requirement that, within one calendar day after a written listing agreement begins, a broker must publicly advertise or market a listed property on a broadly accessible public platform or website. A seller could opt out only by signing a commission-promulgated disclosure and opt-out form that specifically requests withholding the property from public marketing and acknowledges the consequences of reduced exposure.
The bill also revises the statutory duties and required disclosure language for single agents and for a seller or buyer transitioning from single-agent representation to transaction brokerage. It adds express duties to publicly advertise listings, share property information with other licensees, and make properties available for showings, while updating the mandatory notice forms to reflect those duties and the consent required for a relationship change. The act would take effect July 1, 2025.
HB 805 would directly amend Florida Statutes section 475.278 governing authorized brokerage relationships, changing the legal duties of real estate licensees who act as transaction brokers or single agents and revising the required statutory disclosure forms. It would create a default expectation of public listing exposure for residential property and require written, informed opt-out documentation for sellers who do not want public advertising. The bill would affect real estate brokers, agents, sellers, buyers, and the Florida Real Estate Commission, which would be responsible for promulgating the opt-out form.
The available context suggests the bill was framed positively as a transparency and consumer-access measure in the real estate market, emphasizing broader listing exposure and clearer disclosures. However, there is no committee transcript or recorded vote data in the provided materials, and the bill ultimately died in the Industries & Professional Activities Subcommittee on June 16, 2025. That procedural outcome suggests it did not advance despite the consumer-protection framing.
The main point of contention appears to be the bill’s requirement that sellers publicly market listings quickly and the limits it places on a seller’s ability to keep a property off public platforms. Supporters would likely view this as improving fairness, transparency, and access to listings for buyers and cooperating brokers, while opponents may see it as restricting seller discretion, privacy, or off-market marketing strategies. The opt-out provision indicates an attempt to balance those interests, but the bill still requires sellers to affirmatively justify and acknowledge the consequences of withholding public advertising.