Representative Toby Overdorf,

Another week has passed with no response from you regarding the emails referenced below. Simply ignoring these questions is not a solution.

A copy of this email will be forwarded to the Florida Realtors® Member Association. Please be advised that the website (https://beenduped.com/) is now live, and all correspondence related to this matter, beginning in August 2024, will be published in full in the interest of transparency. The published record will reflect that you were informed of the issues outlined below and that, as of this date, no substantive response or position has been communicated.

Can I expect a response from you by Friday, January 16, 2026? The questions raised are straightforward and have been repeatedly posed. Specifically: did you, as suggested in the emails below, contact any members of the Florida House of Representatives or Florida Senate who are actively involved in, or familiar with, real estate regulation?

If time constraints are an issue, I am willing to do the groundwork on your behalf. 

If helpful, I can provide you with draft legislation, including both a Florida House Bill and a Florida Senate Bill, addressing the following:

Default Brokerage Representation Reform

Be It Enacted by the Legislature of the State of Florida:

• Section 1. Legislative Findings and Intent

• Section 2. Amendments to s. 475.278, Florida Statutes

• Section 3. Rulemaking and Implementation

• Section 4. Applicability

• Section 5. Effective Date

Effective Date: July 1, 2026

Summary:
This bill amends s. 475.278, Florida Statutes, to establish single-agent representation as the default brokerage relationship in Florida real estate transactions; requires affirmative written election for transaction broker relationships; strengthens consumer disclosure obligations; and directs the Department of Business and Professional Regulation (DBPR) and the Florida Real Estate Commission (FREC) to implement conforming rules and forms.

I can also provide a Florida Senate companion bill, titled:

An Act Relating to Real Estate Brokerage Relationships

An act relating to real estate brokerage relationships; amending s. 475.278, Florida Statutes; revising the default presumption of brokerage representation; requiring affirmative written election of transaction broker relationships; providing enhanced disclosure requirements; granting enforcement and rulemaking authority; and providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

• Section 1. Legislative Findings and Intent

• Section 2. Amendments to s. 475.278, Florida Statutes

• Section 3. Rulemaking Authority

• Section 4. Applicability

• Section 5. Effective Date

Effective Date: July 1, 2026

Summary:
This Senate bill serves as a companion to the House bill and similarly amends s. 475.278, Florida Statutes, to establish single-agent representation as the default brokerage relationship, require affirmative written election for transaction broker representation, enhance consumer disclosures, and direct DBPR and FREC to implement conforming rules and enforcement mechanisms.

A copy of this email will be forwarded to all Florida House Representatives and Florida Senators.

I look forward to your response by the date stated above.

Respectfully,

Werner Heidbuechel
Florida Lic. Real Estate Broker

The above email was CC’d to:
Jason Shoaf <[email protected]>, [email protected], Rachel Plakon <[email protected]>, [email protected], Jose Alvarez <[email protected]>, James Buchanan <[email protected]>, Danny Nix <[email protected]>, [email protected], [email protected], Jim Mooney <[email protected]>, Jason Brodeur <[email protected]>, Boyd Jim <[email protected]>, Joe Gruters <[email protected]>, Passidomo, Kathleen <[email protected]>, Rodriguez, Ana Maria <[email protected]>, Tim Weisheyer (Florida Realtors President) <[email protected]>, Tim Weisheyer (Florida Realtors President 2025) <[email protected]>, Juana Watkins <[email protected]>, Gia Arvin Florida Realtors Association <[email protected]>, Jorge Guerra (Flotida Realtors VP) <[email protected]>, Chuck Bonfiglio (Florida Realtors President-Elect) <[email protected]>, Jeffrey Levine <[email protected]>, Kevin Sears <[email protected]>, [email protected] <[email protected]>, Mike Rode <[email protected]>, Charlie Lee <[email protected]>, Chloe Hecht <[email protected]>, Christine E. Hansen 2025 NAR First Vice President <[email protected]>, JD McClintock <[email protected]>, Jonathan Lickstein <[email protected]>, Christopher Krzemien <[email protected]>, Jonathan Dolphus <[email protected]>, Amanda Geller, Vice Chair <[email protected]>, Mark Noviello <[email protected]>, [email protected] <[email protected]>, Greg Manship <[email protected]>, [email protected], [email protected] <[email protected]>, [email protected], [email protected] <[email protected]>, Lisa A Scanlon <[email protected]>, Owen M Kendler <[email protected]>, Samer M Mussalam <[email protected]>, Steven Mintz <[email protected]>, Thomas P Walch <[email protected]>, Overdorf, Toby <[email protected]>, Gayle Harrell <[email protected]>, [email protected] <[email protected]>, Schott, Heather <[email protected]>, Rosenberg, Samantha <[email protected]>