A temporary qualifying broker must be registered with DBPR. The 60-day provision concerns temporary status and the related Secretary of State requirements; it does not permit 60 days of unregistered brokerage activity.
For Florida broker study, separate the vacancy deadline from the temporary-registration period. Identify which event starts each period before choosing an answer.
Jump to: The vacancy · The temporary appointment · Examples · Practice
What happens when the only active broker leaves?
Under Rule 61J2-5.018, Vacancies of Office, if a brokerage's sole active broker dies, resigns, or unexpectedly cannot continue, the brokerage must immediately notify the Commission of the vacancy and its steps to fill it.
- The vacancy must be filled within 14 calendar days.
- The brokerage and its registered licensees may perform no new brokerage business until a new active or temporary broker is appointed and registered.
- Failure to appoint a replacement within the 14-day period results in cancellation of the brokerage registration and inactive status for its broker associates and sales associates.
The 14-day period is a deadline to address the vacancy, not permission to keep taking new business without a registered broker. Section 475.15 also requires an active broker's license or registration to be in force for the brokerage entity.
What does the 60-day temporary registration allow?
The vacancy may be filled through a qualified temporary broker. Rule 61J2-5.018(4) allows temporary registration for no more than 60 days without initially meeting the Secretary of State registration requirements identified in Rule 61J2-5.012. The temporary broker still registers with DBPR using its prescribed process.
No later than 60 days after temporary registration, the rule requires proof that a new broker is properly registered with the Secretary of State. DBPR's current RE 17 application checklist explains the transition options: the temporary broker becomes permanent, another permanent broker is established, or the brokerage closes. Follow DBPR's current forms and instructions for an actual vacancy.
| Period | What starts it? | Study distinction |
|---|---|---|
| 14 calendar days | Vacancy of the sole active broker | Fill the vacancy; no new business before an active or temporary broker is appointed and registered. |
| Up to 60 days | Temporary broker registration | Complete the permanent arrangement and required filings, or the applicable closure process. |
Two facts that change the answer
Another active broker remains: When a brokerage has more than one active broker and one leaves, Rule 61J2-5.018(3) says that vacancy does not affect the brokerage registration or its associates' licenses.
Missed postlicensing education: The rule expressly says a broker's failure to complete postlicensing education is not an unexpected vacancy for qualifying for temporary broker licensure.
Work through the event, then the deadline
Example 1: Harbor Brokerage's only active broker resigns. Its sales associates want to accept a new listing while a replacement is being considered. They cannot rely on the 14-day deadline to continue new brokerage business before a replacement is appointed and registered.
Example 2: A qualified temporary broker is appointed and registered. A study statement says the broker can wait 60 days to register with DBPR. That statement confuses the registrations: DBPR registration is part of the temporary appointment; the 60-day provision addresses the temporary period and the required transition.
Check your understanding
- Does selecting a temporary broker without registering that broker authorize new brokerage business?
- Are the vacancy's 14 days calendar days or business days?
- Does one broker's resignation automatically interrupt a brokerage that still has another active broker?
Answers and explanations
- No. Both appointment and registration matter.
- Calendar days. Read the unit of time in the rule.
- No. Apply the multiple-active-broker provision to those facts.
Official rule and DBPR references checked October 21, 2026. The current rule page identifies December 22, 2020 as its latest effective date.
Continue with multiple broker licenses, broker associates, and group licenses and the Florida broker study guide.
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