SB375,57,97 452.30 (7) (b) A salesperson or time-share salesperson may not engage in
8independent real estate practice and may engage in real estate practice only when
9associated with a firm.
SB375,173 10Section 173. 452.34 of the statutes is created to read:
SB375,57,14 11452.34 Unlicensed personal assistants. (1) In this subsection, "unlicensed
12personal assistant" means an individual, including an individual who is licensed
13under this chapter, who is employed only to provide services for which a license is not
14required under this chapter as provided in s. 452.03 (2).
SB375,57,20 15(2) A licensee associated with a firm, prior to retaining an individual to serve
16as an unlicensed personal assistant, shall enter into a written agreement with the
17licensee's firm, setting forth the duties of the unlicensed personal assistant, the
18manner in which the unlicensed personal assistant will be compensated for his or her
19services, and the responsibilities of the licensee and the firm with respect to
20supervision of the unlicensed personal assistant's activities.
SB375,57,22 21(3) (a) In this subsection, "open house" means a showing of real estate open to
22the public for viewing without an individual appointment.
SB375,58,223 (b) An unlicensed personal assistant may not assist a licensee at an open house
24for the sale of real estate or a business without the direct, on-premises supervision

1and presence of a licensee, and may not provide any services at an open house for
2which a license is required under this chapter.
SB375,174 3Section 174. 452.38 of the statutes is created to read:
SB375,58,10 4452.38 Independent contractor relationship. (1) Notwithstanding the
5applicable definitions or meanings of employee under chs. 102, 103, 104, 108, and
6109, under subch. X of ch. 71 and subch. II of ch. 111, under any rule, and under any
7other law, and in any action or proceeding under the common law, a licensee shall not,
8under ch. 102, 103, 104, 108, or 109, under subch. X of ch. 71 or subch. II of ch. 111,
9under any rule, or under any other law, or in any action or proceeding under the
10common law, be considered an employee of a firm if all of the following are satisfied:
SB375,58,1211 (a) A written agreement has been entered into with the firm that provides that
12the licensee shall not be treated as an employee for federal and state tax purposes.
SB375,58,1613 (b) Seventy-five percent or more of the compensation related to sales or other
14output, as measured on a calendar year basis, paid to the licensee pursuant to the
15written agreement referenced under par. (a) is directly related to the brokerage
16services performed by the licensee on behalf of the firm.
SB375,58,18 17(2) (a) Subsection (1) applies notwithstanding the requirements and
18responsibilities of a firm under s. 452.132 and any rules promulgated by the board.
SB375,58,2119 (b) Subsection (1) applies regardless of the licensee's status as a supervising
20broker under s. 452.132 and any actions taken by the licensee as a supervising broker
21under s. 452.132.
SB375,58,24 22(3) In the case of an individual who is engaged as both an independent
23contractor and an employee for the same firm, sub. (1) applies only with respect to
24activities covered under the written agreement referenced under sub. (1) (a).
SB375,175 25Section 175. 452.40 of the statutes is created to read:
SB375,59,4
1452.40 Use of forms; provision of legal advice. (1) (a) In this subsection,
2"use a form" means to complete a form by filling in blanks or modifying printed
3provisions on the form at the instruction of one or more parties with whom a licensee
4is working or representing in a specific transaction.
SB375,59,65 (b) A firm and any licensee associated with the firm may use a form approved
6by the board under s. 452.05 (1) (b) in real estate practice.
SB375,59,14 7(2) A licensee may not provide advice or opinions concerning the legal rights
8or obligations of parties to a transaction, the legal effect of a specific contract or
9conveyance, or the state of title to real estate. A licensee may provide a general
10explanation of the provisions in a form approved by the board under s. 452.05 (1) (b)
11to the parties to a transaction at the time of completing the form or when delivering
12an approved form for the seller's or buyer's acceptance. Reviews conducted by a
13supervising broker under s. 452.132 (4) shall not be considered to be the provision
14of legal advice or opinion.
SB375,176 15Section 176. 452.42 of the statutes is created to read:
SB375,59,17 16452.42 Records retention. (1) In this section, "electronic" has the meaning
17given in s. 137.11 (5).
SB375,59,20 18(2) A licensee shall retain documents or records related to a transaction, as
19determined by the board, in accordance with any rules promulgated by the board.
20Records described in this section may be retained in an electronic file format.
SB375,177 21Section 177. 707.55 (5) of the statutes is amended to read:
SB375,59,2422 707.55 (5) Salespersons. Misrepresenting the identity, function, or authority
23of a salesperson, including a time-share salesperson, as defined in s. 452.01 (9), or
24team of salespersons.
SB375,178 25Section 178. 707.55 (7) of the statutes is amended to read:
SB375,60,3
1707.55 (7) Length of sales presentation. Misrepresenting the reasonably
2estimated length of any sales presentation by a salesperson, including a time-share
3salesperson, as defined in s. 452.01 (9),
or team of salespersons.
SB375,179 4Section 179. Nonstatutory provisions.
SB375,60,145 (1) Emergency rule authority. Using the procedure under section 227.24 of
6the statutes, the real estate examining board may promulgate rules under chapter
7452 of the statutes that are necessary to implement the changes in this act for the
8period before the effective date of any corresponding permanent rules, but not to
9exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to
10extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24
11(1) (a), (2) (b), and (3) of the statutes, the board is not required to provide evidence
12that promulgating a rule under this subsection as an emergency rule is necessary for
13the preservation of the public peace, health, safety, or welfare and is not required to
14provide a finding of emergency for a rule promulgated under this subsection.
SB375,60,2215 (2) Elimination of time-share salesperson registrations. Notwithstanding
16sections 440.08 and 452.025 (5) of the statutes, the department of safety and
17professional services and the real estate examining board shall not renew any
18time-share salesperson's certificate of registration issued under section 452.025 of
19the statutes. The department of safety and professional services shall, instead of
20giving a notice of renewal to each holder of a time-share salesperson's certificate of
21registration under section 440.08 (1) of the statutes, give notice of the elimination of
22such registration by this act.
SB375,180 23Section 180 . Initial applicability.
SB375,60,2524 (1) Actions against licensees. The treatment of section 452.142 of the statutes
25first applies to an action that accrues on the effective date of this subsection.
SB375,181
1Section 181. Effective dates. This act takes effect on July 1, 2016, or on the
2day after publication, whichever is later, except as follows:
SB375,61,143 (1) Elimination of time-share salesperson registrations. The repeal of
4sections 440.03 (13) (b) 72., 440.08 (2) (a) 69., 452.01 (9), 452.025 (by Section 42),
5452.137 (1) (d), and 452.17 (2) of the statutes and the amendment of sections 452.01
6(4), 452.01 (5) (by Section 30 ), 452.01 (5p) (by Section 35 ), 452.01 (7) (by Section 38 ),
7452.05 (1) (a) (by Section 50 ), 452.05 (1) (i) (intro.), 452.05 (1) (i) 1., 452.05 (1) (i) 3.
8b., 452.07 (2) (by Section 57 ), 452.11 (1), 452.132 (2) (c), 452.137 (3) (intro.), 452.137
9(3) (c) (by Section 117 ), 452.14 (1), 452.14 (2), 452.14 (3) (intro.), 452.14 (3) (a), 452.14
10(3) (i), 452.14 (3) (p), 452.14 (4m) (intro.), 452.14 (4m) (b), 452.15 (1) and (2), 452.17
11(4) (a) 1. and 2. (by Section 151 ), 452.19 (1) (by Section 154 ), 452.20, 452.21, 452.22
12(2), 452.25 (1) (a), 452.25 (1) (b), 452.25 (1) (c) 2., 452.25 (1) (d), 452.25 (1) (e), 452.25
13(2) (b), 452.30 (7) (b), 707.55 (5), and 707.55 (7) of the statutes take effect on December
1414, 2016.
SB375,61,1615 (2) Actions against licensees. The treatment of section 452.142 of the statutes
16and Section 180 (1) of this act take effect on the day after publication.
SB375,61,1717 (End)
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