Which penalty applies to a sales associate who collects money in a real estate transaction in the name of the employer without consent, or who disseminates false or misleading advertising?

• A. F.S. 475 Second-Degree Misdemeanor violation
• B. F.S. 475 First-Degree Misdemeanor violation
• C. F.S. 475 Third-Degree Felony violation
• D. Civil penalty

Answer: (A)

When a licensee takes money in the employer’s name without permission or uses false or misleading advertising, those actions violate real estate license law in a criminal way. They amount to misappropriating funds and engaging in deceptive advertising, which are treated as criminal offenses for licensees. The statute assigns these offenses as a Second-Degree Misdemeanor, meaning potential penalties include up to 60 days in jail and a fine (typically up to $500). Civil penalties can also be imposed for license-law violations, but the conduct described is criminal in nature, so the procedural remedy aligns with a second-degree misdemeanor rather than a purely civil penalty.