Florida/Georgia Personal Injury & Workers Compensation

...ection 120.68(12) that "the court shall not substitute its judgment for that of the agency on an issue of discretion." The Commission possessed the statutory authority to suspend a license for a period not to exceed two years for a single violation. Section 475.25(1), Florida Statutes (1975)....

...Relator, a licensed real estate broker, was charged by the Florida Real Estate Commission with alleged violations of the *488 Real Estate License Law. [1] Inter alia, the information alleged four counts of failure to maintain trust funds in an escrow account in violation of Fla. Stat. § 475.25(1)(i), F.S.A.; four counts of breach of trust and dishonest dealing in a business transaction in violation of Fla. Stat. § 475.25(1)(a), F.S.A.; two counts of concealment and misrepresentation in a business transaction in violation of Fla. Stat. § 475.25(1)(a), F.S.A.; one count of failure to obtain a new registration certificate or otherwise inform the Commission of a change of business address as required by Fla....

...ing he is so incompetent, negligent, dishonest and untruthful that the money, property, transactions and rights of investors or those with whom he may sustain a confidential relation may not safely be entrusted to him, all in violation of Fla. Stat. § 475.25(3), F.S.A." Under protest, and "not waiving but on the contrary reserving each, every and all of his constitutional, both State and Federal, privileges, rights and immunities, particularly including, but not limited to his right to be accor...

...imself as promised nor did he make any offers to either sell or purchase the property as promised. "Wherefore by reason of the foregoing, the defendant Brod is guilty of false promises and breach of trust in a business transaction in violation of Subsection 475.25(1) (a) Florida Statutes." The record discloses that on March 10, 1964, the Davises and Gregorys did sign a sales contract in defendant's office in Tampa, whereby the Davises agreed to sell their home property to the Gregorys, the deal to be closed on or before May 10, 1964....

...ant of March 10th, and that when defendant failed either to buy the property himself or sell it to a third party for a net return of $3,200 to the Davises, defendant's said agreement became a "false promise" and his conduct a "breach of trust". F.S. Section 475.25(1) F.S.A., in the part relied upon here by the Commission, provides that *579 a broker's registration may be suspended if he is found guilty of — "* * * false promises * * * or breach of trust in any business transaction * * *." The t...

...nt with some bank located and doing business in Florida. "Wherefore, in failing to immediately place said funds in escrow or to immediately deposit the same in a trust or escrow bank account as aforesaid, the defendant Brod is guilty of violating Subsection 475.25(1) (i), Florida Statutes." F.S. Section 475.25(1) (i) F.S.A., under which Count Two was framed, provides that a real estate broker's registration may be suspended if the broker has — "[f]ailed * * * to immediately place, upon receipt, any money * * * entrusted to him by any person...

..."the $100 Young deposit was not misappropriated, or dissipated, or lost; and no one was hurt or prejudiced thereby", imply that fraudulent or dishonest acts or conduct or loss or damage to the public, are prerequisites to the enforcement of F.S. Subsection 475.25(1) (i), F.S.A., and "in essence read exceptions into the statute." How such construction could be "implied" we cannot conceive, because we actually upheld the Commission in finding defendant guilty under said Second Count, and directed the penalty to be imposed therefor....

...5th DCA 1985). Statutes prescribing penalties typically place a maximum limit on the dollar amount of a fine or the temporal duration of the sanction. See e.g., Florida Real Estate Commission v. Webb , (maximum 2-year real estate license suspension under § 475.25(1), Fla....

...The Florida Real Estate Commission suspended the appellant Fleischman's salesman's license for 18 months solely because he did not return a deposit he received on a real estate transaction undertaken entirely on his own account. Upon the holding that Section 475.25(1)(d), Florida Statutes (1981) does not, as the commission ruled, authorize the imposition of discipline in these circumstances, we reverse....

...Fleischman, claiming he was entitled to retain the sum, refused, and the present proceeding was thereupon commenced against him. The commission neither alleged, proved nor found — as it manifestly could not under these facts — that Fleischman was guilty of fraud, dishonest dealing or the like under Section 475.25(1)(b)(c), Fla. Stat. (1981). Rather, it claimed, and based its finding upon the conclusion only that his failure to return the $2,500 violated Sec. 475.25(1)(d)....

...denied, 389 So.2d 1114 (Fla. 1980) is totally misplaced. Sellars indeed holds that a broker may be disciplined for improprieties in conducting his own personal real estate transactions. But this conclusion was based upon a violation of what is now Sec. 475.25(1)(b), which expressly proscribes fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing, trick, scheme or device, culpable negligence, or breach of trust in any business transaction......

...Under this view, discipline might thus be imposed if one does not return a disputed deposit on a refrigerator or used car or even fails to repay a promissory note so long as the commission finds that "in law and equity" he was not entitled to do so. We cannot and do not believe, however, that, by the enactment of Sec. 475.25(1)(d), the legislature meant to subject Florida real estate licenses to the jeopardy of a simple breach of contract to pay money or return property....

...] of the value of $3.50, and thereafter concealed the same in her purse and removed the same from said store without paying the purchase price therefor. "By reason whereof the defendant is guilty of dishonest dealing within the intent and meaning of Section 475.25(1) (a), F.S.; guilty of a crime against the laws of the State of Florida involving moral turpitude, within the intent and meaning of Section 475.25(1) (e), F.S." In plain language, the information charged defendant with stealing a $3.50 [2] piece of beaf steak from a Supermarket. Such conduct, the information alleged, constituted a violation of two stated provisions of F.S. Chapter 475, F.S.A., known as the "Real Estate License Law." These provisions, omitting the surplusage, are in language of the Statute as follows: "475.25 Grounds for Revocation of Suspension....

...at the incident ever assumed the status of "a business transaction." B. Guilty of Crime under Florida Law. We are here brought to consider whether under the findings of fact defendant was proven guilty of any Florida penal law. The exact language in Section 475.25(1) (e), defining the violation with which we are presently concerned, is: "Been guilty of a crime against the laws of this state * * * involving moral turpitude * * *." There is no doubt that, under this definition, the findings must b...

...ll include findings of fact." [4] The "exceptions" do not enlighten the Commission, nor this Court, as to what is "the applicable rule," so we will have to find and express it ourselves. See infra, p. 15, et seq. [5] Here the Statute is quoted, F.S. Section 475.25(1), F.S.A., which is the same statute involved in the case sub judice as to "dishonest dealing," and incidentally is the same statute involved in the Horne case, supra.

the Circuit Court, previously granted under Section 475.25, Florida Statutes, 1941, is not now determined

...It could be argued that under the wording of this section (set forth in footnote 1 above) the activities for which a person is required to be registered as a real estate broker are only those which take place in this state. If this be the case, it would not be a violation under § 475.25(1) (f), as it existed prior to 1961, to pay a commission for securing a purchaser out of the state, nor would § 475.41 invalidate a contract for commission for such an act....

...unless the broker or salesman shall have complied with this chapter in regard to registration and renewal of the certificate at the time the act or service was performed." [3] It is to be noted that in 1961 (subsequent to all acts in question here) § 475.25 was amended to provide that "* * * a registered real estate broker of this state may pay a referral fee or share a real estate brokerage commission with a real estate broker duly licensed, or registered, under the laws of a foreign state so...

...Those present at the meeting were Mrs. Bishop, as chairwoman; Mr. Wilsen, assistant general counsel; and Mr. Stafford, a member of the Orlando Real Estate Commission. Item Twenty on the agenda was an allegation that appellants and one Richard Testut had violated section 475.25(1)(b), Florida Statutes....

...te transaction that gave rise to the claim removed from the bankruptcy proceedings so that the matter might be heard in a court of competent civil jurisdiction . . ." Fla. Stat. § 475.483 (2000). If White is successful in his claim, Florida Statute § 475.25 [27] provides *687 that FREC can take certain disciplinary actions against the Debtor if it finds that the Debtor committed any infraction listed in Florida Statute § 475.25(a)-(t)....

...a partner of a limited liability partnership which was the seller, buyer, landlord, or tenant in the transaction; and (c) Was acting solely in the capacity of a real estate licensee in the transaction; provided the act was a violation proscribed in s. 475.25 or s....

...If, after due diligence, the claimant is precluded by action of the bankruptcy court from securing a final judgment against the licensee, the commission may waive the requirement for a final judgment. Fla. Stat. § 475.483. [27] The relevant portion of Fla. Stat. § 475.25 reads as follows: (1) The commission may deny an application for licensure, registration, or permit, or renewal thereof; may place a licensee, registrant, or permittee on probation; may suspend a license, registration, or permit for a perio...

...he damage or loss has been settled and paid after discovery of the misconduct; or that such victim or intended victim was a customer or a person in confidential relation with the licensee or was an identified member of the general public. Fla. Stat. § 475.25 (2000).

...§ 523(a)(4) a bankruptcy court must find that both a defalcation occurred and a fiduciary relationship existed. Id. at 346. In the instant case, the debtor, as escrow agent, failed to act in accordance with the escrow provision of the Berry-Sacks contract and Florida Law. Fla.Stat. § 475.05, § 475.25(1)(d) and § 475.25(1)(k) (1988); Fla.Admin.Code Ann....

...Based upon these allegations, Count I accused appellant of "fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence or breach of trust in a business transaction," in violation of Section 475.25(1)(b), Florida Statutes; and Count II accused appellant of "having operated as a broker while licensed as a salesman or ... of having operated as a salesman for a person not registered as his employer," in violation of Sections 475.42(1)(b) and 475.25(1)(e), Florida Statutes....

...ly rents, the hearing officer reached the ultimate conclusions that the exception to the exemption did not apply to appellant; that the exemption set forth in Section 475.011(2) did apply to appellant; and, therefore, that appellant had not violated Section 475.25(1)(e)....

...As to Count I of the complaint, which accused appellant of "fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence or breach of trust in a business transaction," in violation of Section 475.25(1)(b), the hearing officer concluded that there was no evidence to support a finding that appellant had been guilty of any such conduct. He said, "From the evidence presented, [appellant] conducted himself properly and protected the assets which were placed in his keeping. He did not violate Section 475.25(1)(b)......

...However, recognizing that the Commission was free to disagree with his legal interpretations of the statutes construed in connection with Count II, the hearing officer further noted that, "should the Commission reject the interpretation of these statutes, the violations of Section 475.25(1)(e), ......

...ad the Commission provided an explanation). The hearing officer reached two determinative legal conclusions: first, that the exemption set forth in Section 475.011(2), Florida Statutes, applied to appellant and, therefore, appellant had not violated Section 475.25(1)(e), Florida Statutes, as charged in Count II of the complaint; and, second, that there was no evidence to support the charge, made in Count I of the complaint, that appellant was guilty of "fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence or breach of trust in a business transaction," in violation of Section 475.25(1)(b), Florida Statutes....

...e that appellant ever held himself out as a broker, as alleged in the complaint.) The hearing officer also concluded that appellant had committed "no fraud, no misrepresentation, and no taking." Therefore, he concluded, further, that no violation of Section 475.25(1)(b), as charged in Count I of the complaint, had been proved....

...The sole argument made by the Department to the Commission in support of its exception to this conclusion was that the evidence established that "[appellant] concealed the rental commissions from broker Cobb and is therefore guilty of violating Subsection [ sic ] 475.25(1)(b), Florida Statutes [emphasis added]." (This is, likewise, the sole argument presented by the Department on appeal.) Having carefully read the entire record, we conclude that the Department did not carry its burden of establishing by clear...

...ing evidence [3] that appellant was "guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence or breach of trust in a business transaction," thereby violating Section 475.25(1)(b), as charged in Count I of the complaint. Therefore, the hearing officer's conclusion that no violation of that Section had been proved was correct, and rejection of that conclusion by the Commission was error. It is clear that Section 475.25(1)(b) is penal in nature. As such, it must be construed strictly, in favor of the one against whom the penalty would be imposed. See Holmberg v. Department of Natural Resources, 503 So.2d 944 (Fla. 1st DCA 1987). Reading the first clause of Section 475.25(1)(b) (the portion of the statute which appellant was charged with having violated in Count I of the complaint), and applying to the words used their usual and natural meaning, it is apparent that it is contemplated that an intentional act be *1144 proved before a violation may be found....

...See Florida Real Estate Commission v. Webb, 367 So.2d 201 (Fla. 1978); Bernal v. Department of Professional Regulation, 517 So.2d 113 (Fla. 3d DCA 1987), approved, 531 So.2d 967 (Fla. 1988). However, in doing so, we note our agreement with the hearing officer that the violation of Section 475.25(1)(e) was "minimal [and] technical ......

...Eber, Miami, for appellant. Frederick H. Wilsen, Tallahassee, for appellee. Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ. BASKIN, Judge. The issue to be decided in this appeal is whether convictions for possession of controlled substances evidence moral turpitude under Section 475.25(1)(e), Florida Statutes (1977), which provides for revocation or suspension of a real estate license for crimes involving moral turpitude. We hold that the statute is not unconstitutionally vague. We hold, however, that possession of a controlled substance does not establish moral turpitude within the purview of section 475.25(1)(e)....

...ally well and a completely different person for over a year. The hearing examiner found, however, that the crimes for which appellant had been convicted constituted crimes involving moral turpitude and recommended suspension. 1. Constitutionality of Section 475.25(1)(e), Florida Statutes (1977). Appellant argues that Section 475.25(1)(e), Florida Statutes (1977) is impermissibly vague in that it fails to inform persons subject to its provisions of the exact *191 nature of prohibited conduct....

...1940); revocation or suspension of medical licenses, State ex rel. Tullidge v. Hollingsworth, supra ; and immigration, United States ex rel. Alvarez Y Flores v. Savoretti, 205 F.2d 544 (5th Cir.1953). Finding no denial of due process for vagueness or other constitutional impediment, we hold that Section 475.25(1)(e), Florida Statutes (1977) is constitutional. 2. Crimes involving moral turpitude. Next, we address the question of whether appellant is guilty of crimes which involve moral turpitude. Section 475.25(1)(e), Florida Statutes (1977) states that the Board may suspend a license if the licensee has: (e) Been guilty of a crime against the laws of this state or of the United States, involving moral turpitude, or fraudulent or dishonest de...

...Board of Medical Examiners of Arizona, 49 Ariz. 329, 66 P.2d 1026 (1937). None of these authorities involves mere possession of drugs. The cited authorities persuade us that mere possession of a controlled substance is not a crime within the contemplation of section 475.25(1)(e)....

...I express no view on whether the majority has provided the right answer to the question of whether the felony possession of a controlled substance is a crime of moral turpitude. The trouble is that Pearl never asked that question on this appeal. Pearl's sole point on appeal is this: "475.25(1)(e), FLORIDA STATUTES, WHICH PERMITTED THE BOARD TO SUSPEND PEARL'S REAL ESTATE SALESMAN'S LICENSE UPON A FINDING THAT HE HAD COMMITTED A CRIME OR CRIMES INVOLVING `MORAL TURPITUDE' WAS UNCONSTITUTIONALLY VAGUE AND DID NOT PROVIDE PEARL WITH...

...recognize fundamental error, e.g., Gonzalez v. State, 392 So.2d 334 (Fla. 3d DCA 1981); Cunningham v. State, 385 So.2d 721 (Fla. 3d DCA 1980), which is not present here, we do not decide questions not raised on appeal. I agree with the majority that Section 475.25(1)(e), Florida Statutes (1977), is not unconstitutionally vague....

...Petitioner first contends that he has been denied due process of law, in that he was charged with a conspiracy with Gaisford. The Examiner found that the Commission had failed to prove a conspiracy and also that Thorn had violated the intent and purpose of § 475.25(1) (f), Florida Statutes, F.S.A., in that Thorn paid a commission or compensation for services performed by an unregistered person in connection with a real estate transaction....

...received a proportionate share, of a real estate broker's commission from Gaisford who was not registered with the Commission, thereby enabling Gaisford to perform services and receive compensation and that Thorn was, therefore, guilty of violating § 475.25(1) (a), Florida Statutes, F.S.A....

...nformal proceeding." See also, § 120.57, Fla. Stat. Here, Weiss never filed an objection to BPR's motion for informal hearing and fully participated in the hearing. We find no error. Weiss' primary issue on appeal is that the penalty was too harsh. Section 475.25(1) allowed FREC to mete out a variety of punishments....

...Review of the revocation order was affirmed by the circuit court, certiorari to review such affirmance was denied in the District Court of Appeal, Third District [2] and in this Court. [3] Thereafter the broker filed a complaint in circuit court asserting the unconstitutionality of Section 475.25(2), Florida Statutes (1957), F.S.A....

...and to enjoin the Commission from interfering with the broker's retention of his registration certificate. [4] The circuit *787 court, in acting favorably to the broker in this later litigation, held: "The challenged Sub-Section (2) of Florida Statute 475.25 is unconstitutional and invalid, and shall not apply to the position and cause of the plaintiff." This appeal is from that final decree....

...r the provisions of Chapter 475, Florida Statutes is denied, is the cause between the parties res judicata so as to preclude an order enjoining the enforcement of the administrative order against the broker? and Is the word, "confined" as used in subsection 475.25(2) Florida Statutes, so vague and indefinite as to constitute said act invalid as either the invalid delegation of a legislative power or the legislative delegation of an invalid power? These questions will be considered seriatim. Section 475.25(2) provides for the revocation of the registration of a real estate broker by the Florida Real Estate Commission, if a broker "* * * is confined in any state or federal prison, or insane asylum * * *." In the first proceedings the broker did not allege the unconstitutionality of the relevant section....

...Harris, the record before the Florida Real Estate Commission and the briefs filed by the respective parties hereto and the Court having heard and considered the oral argument of counsel for the respective parties and being fully advised in the premises is of the opinion that the language of Chapter [section] 475.25(2) `* * * is confined in any State or Federal prison * * *' relates to the time the Information is filed or served upon the registrant or real estate licensee and not to the time that the licensee files his answer or reply....

...er the defendant did so surrender and was confined in the Federal Correctional Institution at Tallahassee, and that by reason thereof, revocation of the defendant's registration as a registered real estate broker is mandatory under the provisions of Section 475.25(2), Florida Statutes....

...se Law requirements of Florida to function and operate a real estate brokerage operation as a duly licensed real estate broker; and that such right is a constitutional one which cannot and should not be permitted to be abridged. VI. "Florida Statute 475.25, Section (2) recited that: "`The registration of a registrant shall be revoked, if such registration, or a certificate issued thereon, is found to have been obtained by the registrant by means of fraud, misrepresentation or concealment, or if...

...te may be revoked or cancelled, without prejudice to filing a proper application, or request for certificate, if the same shall have been granted or issued through the mistake or inadvertence of the commission.' (Emphasis supplied.) "Florida Statute 475.25(2) provides for revocation of the registration of a real estate broker by the Florida Real Estate Commission, if a broker `* * * is confined in any state or federal prison', and there can be no doubt that that section of the statute, (2), under which revocation proceedings were held, is unconstitutional....

...Boring, Vice-Chairman, and Sylvan M. Maxwell, Commissioner, as and Constituting the Members of the said Commission, its employees and servants from enforcing its arbitrary, unreasonable and unconstitutional interpretation of that certain Section (2) of Florida Statute 475.25, and enjoin the said Defendants, their employees and servants from interfering with Plaintiff's retention of his registration certificate and his operation as a licensed real estate broker in the State of Florida; and "B. That this Court by its entry of a Final Decree establish and declare that Section (2) of Florida Statute 475.25 is arbitrary, unreasonable and unconstitutional: and, "C....

...We believe this is an unnecessarily harsh construction of the purpose and effect of this statute and is not in the best interest of the public in Florida. Much Florida land is sold to purchasers located in foreign jurisdictions by brokers there who are acting in a professionally cooperating arrangement with Florida brokers. Section 475.25(1)(h), Florida Statutes, expressly permits a licensed *35 broker of this state to share a real estate brokerage commission with a broker licensed or registered under the laws of a foreign state so long as the foreign broker does not violate any law of this state....

...This is a petition for certiorari seeking review of an order of the Florida Real Estate Commission suspending the petitioner's salesman's license for a period of one year. The Real Estate Commission filed a complaint alleging that petitioner had violated Section 475.25(1)(e), Florida Statutes (1975)....

...uld be admissible as evidence of guilt in an administrative proceeding any more than it would be in court. Therefore, we need not consider whether evidence of petitioner's plea, by itself, would be sufficient to support the finding of a violation of Section 475.25(1)(e). The narrow legal question before us is whether the fact that the court made a finding that petitioner was guilty is equivalent to the guilt which is contemplated under Section 475.25(1)(e), in spite of the fact that an adjudication of guilt was specifically withheld. The only Florida case remotely relevant is Rifkin v. Florida Real Estate Commission, 345 So.2d 349 (Fla.4th DCA 1977). In that case the Real Estate Commission sought to suspend the licenses of certain brokers for having violated the provisions of Section 475.25(1)(e), even though there had never been any court proceedings....

...lving fraudulent or dishonest dealing. The court granted certiorari and directed that the information against the brokers be dismissed. In the course of its opinion, the court held that the suspension of a broker's license could not be ordered under Section 475.25(1)(e) except upon "an actual adjudication of guilt by a court of competent jurisdiction." Admittedly, in its use of the term "adjudication of guilt" the court was not faced with the precise issue now before us, *916 but we think that this statement does provide the proper basis for a proceeding under Section 475.25(1)(e)....

...In the same vein, Section 901.33, Florida Statutes (1975), permits a person with no previous criminal record to have his arrest record expunged providing he is released "without being adjudicated guilty." Since the petitioner was never adjudicated guilty by the Miami court, his license could not be suspended under Section 475.25(1)(e). As in Rifkin, we note that proof of the conduct with which the petitioner was charged would clearly come within the proscription of Section 475.25(1)(a)....

...n law certiorari and is not in derogation of the substantive law of review on certiorari. I would quash that portion of the District Court's holding which impairs the discretion of the Commission in fixing the period of suspension for a violation of Section 475.25(1), Florida Statutes....

...Professional Regulation (Department), Division of Professions, rejecting a hearing officer's recommended order that the Department's administrative complaint be dismissed. The Department filed a complaint on January 31, 1980, charging Lewis violated section 475.25(1)(a), Florida Statutes (1977)....

...(3) This section shall not apply to parimutuel wagering in Florida as authorized by the laws of the state * * *. * * * * * * A proceeding, in the form of an information was then filed against him, before the Florida Real Estate Commission, under Fla. Stat. § 475.25, F.S.A., which provides, in pertinent part: "475.25 Grounds for revocation or suspension....

...* * *" (Emphasis added) * * * * * * In Everett v. Mann, Fla.App. 1959, 113 So.2d 758, however, the Court held that the mere possession of lottery tickets was not a sufficient basis for the suspension of a real estate broker's license in Florida under Fla. Stat. § 475.25, F.S.A....

...The probable cause panel reviewed the investigative report, DBPR's recommendation, and Walker's written response. The panel determined that probable cause existed that Walker had "obtained a license by means of fraud, misrepresentation, or concealment" in violation of the provisions of section 475.25(1)(m), Florida Statutes (1995). [2] Based upon the finding of probable cause, an administrative complaint was filed charging Walker with violating section 475.25(1)(m)....

...ional requirements prior to making her application for license renewal was unintentional. During the hearing, Walker told FREC that she had just made a "really dumb mistake." At the conclusion of the hearing, FREC determined that Walker had violated section 475.25(1)(m) and revoked her license....

...orida Statutes (1995). As a result, Walker waived any right she may have had to receive a formal hearing. Walker also contends that the final order must be reversed because there was insufficient evidence presented to establish her intent to violate section 475.25(1)(m), since no direct evidence of intent was presented....

...However, the facts in Munch are clearly distinguishable from the facts presented here. Munch was a licensed real estate salesperson at the same time he performed property management services for a condominium association. Id. at 1139. DBPR alleged that Munch was subject to discipline pursuant to section 475.25(1)(b) of the Florida Statutes, which prohibits "fraud, misrepresentation, or concealment ...," because he did not tell his employing broker that he was receiving commissions from the condominium association. Id. at 1138, 1144. The hearing officer concluded that Munch was not subject to discipline but FREC rejected the hearing officer's findings stating that Munch was guilty of violating section 475.25(1)(b) because he concealed the rental commissions from his employing broker. Id. at 1143. The first district court of appeal reversed because section 475.25(1)(b), which prohibits fraud, misrepresentation and concealment, contemplates "that an intentional act be proved before a violation may be found" and the evidence did not support a finding that Munch intentionally concealed commissions from his employing broker. Id. at 1143-44 (emphasis in original). In the instant case, Walker was accused of obtaining a license "by means of fraud, misrepresentation, or concealment ..." in violation of section 475.25(1)(m), Florida Statutes, which also contemplates that an intentional act be proved before a violation may be found. 592 So.2d at 1144. However, DBPR presented undisputed circumstantial evidence that Walker's acts were intentional. Therefore, FREC's conclusion that Walker violated section 475.25(1)(m) is supported by competent substantial evidence....

...ice, if deviation therefrom is not explained by the agency; or (d) Otherwise in violation of a constitutional or statutory provision; but the court shall not substitute its judgment for that of the agency on an issue of discretion. (Emphasis added.) Section 475.25(1) of the Florida Statutes authorizes FREC to revoke a real estate salesperson's license if it finds that the salesperson violated the provisions of section 475.25(1)(m). Having concluded that Walker had violated section 475.25(1)(m), it was within the agency's discretion to revoke her license....

...Walker obtained renewal of her license by fraud, misrepresentation or concealment. The Department had the burden of proving fraud, misrepresentation or concealment by clear and convincing evidence, in order to justify revocation of Walker's license. § 475.25(1)(m), Fla....

...eparately stated, as required by section 120.59, Florida Statutes (1995). That is another reason I think it should be reversed. Williams v. Dept. of Prof. Regulation, 683 So.2d 670 (Fla. 5th DCA 1996). NOTES [1] See Fla.Admin.Code R. 61J2-3.009. [2] Section 475.25(1)(m), Florida Statutes (1995), provides: 475.25 Discipline.— (1) The commission may deny an application for licensure, registration, or permit, or renewal thereof; may place a licensee, registrant, or permittee on probation; may suspend a license, registration, or permit for a period not e...

...the administrative complaints should be dismissed. In regard to each alleged misrepresentation in the Faber complaint, the recommended order found that either the evidence was insufficient or that no intentional misrepresentation, as contemplated by Section 475.25(1)(a), Florida Statutes (1975), occurred....

...The exceptions requested the Board to make supplemental findings of fact "as to those areas in which the Hearing Officer did not make findings of fact," that Bekiempis did make the misrepresentations as charged. The Department then asked that the Board find Bekiempis guilty of violating Section 475.25(1)(b), Florida Statutes (1975), by false promises, misrepresentation, fraudulent scheming, and breach of trust, and suspend or revoke his license, and fine him $1000....

...The second broker then directly contacted the seller and advised him of the higher offer which the seller also accepted. Eventually the home was sold to the party offering $30,000.00. Respondent Commission subsequently filed an information against petitioner charging violation of F.S. § 475.25(1)(a), F.S.A....

...tatutes, because it did not terminate the informal hearing Appellant elected to have once disputed issues of fact arose. We affirm on this issue, as it is not properly preserved for review. Appellant was charged with violating numerous provisions of section 475.25(1), Florida Statutes, regulating the practice of licensed Florida real estate brokers....

...regard, the statutory law of this state demands a high standard of those engaging in the real estate business. Sections 475.17 et seq., Florida Statutes (1977), place a high standard on applicants for registration as real estate brokers or salesmen; Section 475.25, Florida Statutes (1977), through the onus of revocation or suspension of registration, demands an exemplary level of behavior within the profession; Section 475.42, Florida Statutes (1977), enumerates various violations and the conseq...

...istrations as real estate brokers in Florida. We affirm in part, reverse in part, and remand for reconsideration of the penalty imposed. A two-count administrative complaint was filed against LaRossa and DuPont [1] alleging violations of subsections 475.25(1)(b) and (k), Florida Statutes (1981)....

...poses. [3] The property which was the subject of the original agreement was never acquired. Following the hearing, the hearing officer entered an order which recommended that LaRossa and DuPont be found guilty of violating subsections (b) and (k) of section 475.25(1) and that the appropriate penalty would be a license suspension for ninety days....

...pension to revocation. This appeal followed. A registered real estate broker may be disciplined not only for dishonest conduct in transactions in which his only interest is as a broker, but also for such conduct in his own personal business affairs. § 475.25(1)(b), Fla....

...denied, 209 So.2d 672 (Fla. 1968). We find that there was substantial competent evidence presented to support the finding of the hearing officer that LaRossa was guilty of dishonest dealing with regard to his personal use of his nephew's money in violation of section 475.25(1)(b)....

...Thus, the Commission's adoption of the hearing officer's finding in this regard was not only proper but also necessary. See Kibler v. Department of Professional Regulation, 418 So.2d 1081 (Fla. 4th DCA 1982). We reach a different conclusion, however, as to the alleged violation of subsection 475.25(1)(k)....

...." [emphasis added] This provision, by its very terms, applies only when a broker accepts money from a party in his professional capacity as a licensed real estate broker. Cf. Fleischman v. Department of Professional Regulation, 441 So.2d 1121 (Fla. 3d DCA 1983) (subsection 475.25(1)(d), Florida Statutes (1981), governing discipline of real estate licensees, is confined to unjustified refusals of a licensee to account for or return property received in trust or escrow by the licensee in his professional capacity [emphasis added]), review denied, 451 So.2d 847 (Fla. 1984); Santaniello v. Department of Professional Regulation/Board of Real Estate, 432 So.2d 82 (Fla. 2d DCA) (proscription of statutes against filing of lis pendens to collect commission or to coerce payment of money, §§ 475.25(1)(a), .42(1)(j), Fla....

...Since there is a total lack of evidence to support a finding that LaRossa was acting in a professional capacity as a licensed real *325 estate broker, the finding and recommendation of the hearing officer, adopted by the Commission, that a violation of subsection 475.25(1)(k) occurred, must be reversed. It is apparent that in increasing the hearing officer's recommended penalty of a ninety-day suspension to revocation of the brokers' licenses, the Commission was relying in part on its finding that LaRossa's actions violated subsection (k) of section 475.25(1)....

...Mitchell, Contract Atty., Dept. of Professional Regulation, Div. of Real Estate, Orlando, for appellee. SHARP, Judge. Morris appeals from an order of the Florida Real Estate Commission which suspended his real estate license as a broker for one year, pursuant to section 475.25, Florida Statutes (1983)....

...He argues the commission erred by substituting its finding of fraud on Morris' part for that of a Department of Professional Regulation hearing officer. We agree and reverse. In this case, the department filed an administrative complaint charging Morris with violating section 475.25(1)(b), Florida Statutes: (1) The commission may deny an application for licensure, registration, or permit, or renewal thereof; may suspend a license or permit for a period not exceeding 10 years; may revoke a license or permit; may im...

...and refused to make good on it. It alleged Morris was "guilty of fraud, misrepresentation, concealment, false promises, dishonest dealing by trick, scheme or device, culpable negligence and breach of trust in a business transaction in violation" of section 475.25(1)(b) by that action....

...cit intent, or with the desire to misrepresent any material fact to the seller." The commission accepted the hearing officer's findings of fact, but it concluded that Morris' issuance of a check drawn on insufficient funds constituted a violation of section 475.25(1)(b) as a matter of law....

...NOTES [1] The hearing officer also concluded there was no liability under section 475.74(1)(b) for mere breach of contract. He relied upon Fleischman v. Dep't of Professional Regulation, 441 So.2d 1121 (Fla. 3rd DCA 1983), review denied, 451 So.2d 847 (Fla. 1984). However, that case involved a different subsection viz section 475.25(1)(d), with very different wording from (1)(b). We do not need to reach the question of whether breach of a contractual duty alone would constitute a violation of section 475.25(1)(b) in this case, because that is not the substance of the charges alleged against Morris, nor does the commission take this view of section 475.25(1)(b) on appeal....

...An applicant for an active broker's registration or a salesman's registration, shall be required to make it appear that he is competent and qualified to make real estate transactions and conduct negotiations therefor, with safety to investors and to those with whom he may undertake a relationship of trust and confidence." Section 475.25 defines the several varieties of misconduct for which a real estate broker, upon having been found guilty thereof, may be disciplined and provides: (1) "(a) Been guilty of fraud, misrepresentation, concealment, false promises, false pr...

...This conduct was the direct opposite of the word "truthful" used in the first sentence of Section 475.17 above quoted, and is the counterpart of the words "misrepresentation", "false pretenses" and "breach of trust" used in the first sentence of Subsection (1) (a) of Section 475.25 above quoted....

...After a citation and hearing petitioner was found guilty of "fraud, concealment and breach of trust in a business transaction" in violation of Chapter 475 F.S.A. Thereupon petitioner sought review here by certiorari. We find error, grant the writ of certiorari and quash the order of suspension. Section 475.25 F.S.A., (1957) authorizes the commission to suspend the license of registered broker "upon a finding of facts showing that the registrant has: "(a) Been guilty of fraud, misrepresentation, concealment, false promises, false pretenses,...

...See Anderson v. Florida Real Estate Commission, Fla. App. 1958, 105 So.2d 918. The only question presented on this petition is whether the possession of lottery tickets under the charge laid constitutes a crime involving moral turpitude within the meaning of § 475.25, Florida Statutes, F.S.A., which provides in part as follows: "(e) Been guilty of a crime against the laws of this state * * * involving moral turpitude * * *; and the record of a conviction * * * shall be admissible as prima facie evidence...

...Carpino, Staff Atty., Dept. of Professional Regulation, Tallahassee, for appellee. GRIMES, Acting Chief Judge. Appellant seeks review of an order of the Board of Real Estate. Appellant was charged with violating section 475.42(1)(j), Florida Statutes (1979), and therefore section 475.25(1)(a), Florida Statutes (1979), by filing a notice of lis pendens for the purpose of collecting a commission or for the purpose of coercing the payment of money....

...This fact might have been considered in mitigation of punishment, but we will not assume that the commission did not take this into account in imposing the suspension. The very purpose of the law is not only to punish but also to relieve the real estate business of those who violate the trust imposed in them. Section 475.25, F.S.A., catalogues the offenses for which a real estate broker may be suspended and the charge brought in question is well within the list of categories recited....

...Appellant's application was denied by appellee whose final order said: The Recommended Order is rejected as to the specific Conclusion of Law that a sufficient lapse of time has occurred for Petitioner to overcome the statutory disqualification applicable to Petitioner pursuant to § 475.25, F.S....

...remanding the cause to the Board of Real Estate with instructions to enter an amended order containing an explication of the policy decision denying a license to the petitioner or, in the alternative, to issue a license to the petitioner. NOTES [1] Section 475.25, Florida Statutes (1981) provides the grounds upon which the Board may deny an application for licensure....

...Ferdie, Coral Gables, for appellants. Howard Hadley, Orlando, and Manuel E. Oliver, Altamonte Springs, for appellee. Before PEARSON, HENDRY and HUBBART, JJ. HENDRY, Judge. Appellants were each charged by administrative complaints with violations of § 475.25, Florida Statutes, the complaints having been filed by appellee, the Florida Real Estate Commission....

...n the representations that bona fide efforts would be made to sell the properties so listed, and that the representations were false and known to be false and made for the purpose of inducing said property owners to pay a listing fee in violation of § 475.25(1)(a)....

...and rights of investors with whom she had sustained a confidential relationship. The hearing officer's recommended order found that Malt's registration should be revoked; the commission adopted the recommended order, found her guilty of violating §§ 475.25(1)(a) and 475.25(3), and revoked her registration to sell real estate....

...'s additional findings of fact; reflected that the commission overruled the hearing officers' decisions as to the admissibility of documentary evidence; rejected the hearing officers' recommendations; and found appellants guilty of having violated §§ 475.25(1)(a) and 475.25(3)....

...Gautier of Pennington, Wilkinson, Gary & Dunlap, Tallahassee, for appellant. Howard Hadley and Kenneth M. Meer, Orlando, for appellee. ROBERT P. SMITH, Jr., Judge. Sellars appeals from a Florida Real Estate Commission order revoking his real estate broker's license for: (a) Violation of section 475.25(1)(a), Florida Statutes (1977), which proscribes "fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing, trick, scheme or device, culpable negligence, or breach of trust in any business transaction ..."; (b) Violation of section 475.25(1)(h), authorizing discipline of a broker who "[r]endered an opinion that the title to any property sold is good or merchantable, except when correctly based upon a current opinion of a licensed attorney at law, or failed to advise a p...

...operty where he has notice that the title is not merchantable, or upon which he has notice that a mortgage or other lien exists, and about which he fails to inform the purchaser before any portion of the purchase price is paid"; and (d) Violation of section 475.25(3), which authorizes revocation of a broker's registration "if he shall be found guilty of a course of conduct or practices which show that he is so incompetent, negligent, dishonest or untruthful that the money, property, transactions...

...as a broker. McKnight v. Florida Real Estate Commission, 202 So.2d 199 (Fla. 2d DCA 1967), cert. den., 209 So.2d 672 (Fla. 1968). Because revocation was among the disciplinary remedies available to the Commission, by virtue of Sellars' violation of section 475.25(3), we will not undertake to substitute our judgment, concerning an appropriate disciplinary measure, for that of the Commission....

...dishonest dealings brokers who so deal with property owned partly or wholly by them, and from the sale of which they receive no brokerage fee as such. Having found that the Commission may properly revoke the license of a broker who violates Sections 475.25(1)(a) and (d), and Section 475.25(3), Florida Statutes (1977), and Fla. Admin. Code R. 21V-10.01, in selling his own or his closely-held corporation's property, we need not reach the more troublesome issue of whether Section 475.25(1)(h), Florida Statutes (1977), by its *1055 terms applies to brokers not acting as brokers for the account of others....

...tions raised in the administrative proceedings. Constructive notice serves an obvious purpose in real estate transactions, but it cannot serve to impute actual knowledge for the purpose of disciplinary proceedings. Second, the commission argues that Section 475.25(1)(h), Florida Statutes (1977), provides that registration may be suspended if the broker: "(h) Rendered an opinion that the title to any property sold is good or merchantable, except when correctly based upon a current opinion of a li...

...Third, the commission adopted the finding that the broker, Sellars, was guilty of fraud, misrepresentation concealment, false promises, false pretenses, dishonest dealing, trick, scheme, or device, culpable negligence and breach of trust in the business transaction in violation of Section 475.25(1)(a), Florida Statutes (1977), for the broker's failure to pay real property taxes on property that he sold under contracts for deed....

...sibility. Although Sellars may be guilty of not properly supervising his bookkeeper or of not exercising the best business judgment, there is not competent substantial evidence that Sellars attempted to cheat, trick or defraud anyone in violation of Section 475.25(1)(a) of the Florida Statutes. Finally, under Count 28 of the administrative complaint, the commission, as provided for under Section 475.25(3) of the Florida Statutes (1977), found a course of conduct or practices which show that the broker was so incompetent, negligent, dishonest and untruthful that the money, property, transactions and rights of an investor or those with...

...79-35, section 5, Laws of Florida, effective July 1, 1979, a date after the conduct which is the basis for the disciplinary action in this case and, therefore, cannot be applied ex post facto. Appellants are subject only to the penalties provided in section 475.25(1), Florida Statutes (1981), which provides: The board may deny an application for licensure or renewal, may suspend a license for a period not exceeding ten years, may revoke a license, may impose an administrative fine not to exceed...

...The Longs rejected the proposed purchase because they felt that the offering price was too low. The hearing officer reasoned that the relationship between Santaniello and the proposed buyer was a material fact which the sellers were entitled to know and concluded that appellants had violated section 475.25(1)(b), Florida Statutes (1979)....

...are legally insufficient. The Florida Department of Professional Regulation filed an administrative complaint charging the appellants with several counts of fraud, misrepresentation, and culpable negligence in a business transaction, in violation of section 475.25(1)(b), Florida Statutes (1985)....

...In its final order the Commission adopted the hearing officer's findings of fact and conclusions of law, but rejected his recommended penalties and imposed substantially increased penalties. The Commission stated that Thomas Pluto's penalty was contrary to those authorized under section 475.25(1), Florida Statutes, suspended his broker's license for two years and fined him $1,000....

...without stating with particularity its reasons therefor in the order, by citing to the record in justifying the action." The Commission attempted to justify the increased penalty of Thomas Pluto by finding it contrary to the penalties authorized by section 475.25(1), Florida Statutes (1986). We disagree. Although the recommended penalty is not as clear as it could be, it appears that the hearing officer recommended a penalty of ninety days suspension and a reprimand, both authorized by section 475.25(1)....

...within the purview of Chapter 475. This case is distinguishable from a line of cases cited by Thompson, which involve a licensed Florida broker affiliated with a foreign broker, who performs brokerage services within his own jurisdiction. See, e.g., § 475.25(1)(h), Fla....

...The Pearl case involved the suspension of a realtor's license by the Florida Board of Real Estate because he pled guilty to possession of marijuana. The court ruled that "possession of a controlled substance does not establish moral turpitude within the purview of Section 475.25(1)(e)." In our view, however, the moral standard to be upheld by teachers is different from that of realtors, since teachers are charged by §§ 231.09 and 231.28(1) with providing leadership and maintaining effectiveness as teachers....

...ence and, hence, a failure of proof as to misrepresentations of those facts . . . .” The hearing officer’s conclusions, which were adopted by the Commission, were: “Based on the foregoing findings of fact, it is concluded that Kopf violated Subsection 475.25(l)(a), Florida Statutes, by being guilty of misrepresentation, false promises, false pretenses, dishonest dealing, trick, scheme or device in a real estate transaction....

...er Section 475.-25(l)(a), Florida Statutes (1977), is not contested on this appeal. This section prescribes suspension as the proper punishment. 3 *1329 The question remains, as first stated, whether the same conduct may be considered a violation of Section 475.25(3), Florida Statutes (1977), quoted in footnote 1, supra, which provides for revocation of registration as the proper punishment. We hold that the present conduct does not amount to a “course of conduct” as contemplated by Section 475.25(3)....

...Oser, 8 So.2d 770, 773 (La.App.1942); and cf. Commonwealth v. Duncan, 239 Pa.Super. 539 , 363 A.2d 803, 805 (1976). Accordingly, the order of the Commission is reversed and the cause is remanded for the imposition of a suspension of license pursuant to Section 475.25(l)(a), Florida Statutes (1977). Reversed and remanded. . § 475.25(3), Fla.Stat....

...her claim in the courts of this State, and whether it is or is not an enforceable claim against the corporation is not grounds for suspension of her registration. This contention is well founded. The information was predicated upon the provision of Section 475.25(1) (a), Florida Statutes, F.S.A., which reads in part: “(1) The registration of a registrant may be suspended * * * upon a *517 finding of facts showing that the registrant has: “(a) Been guilty of fraud, misrepresentation, conceal...

...h established guidelines. The penalty the Commission imposed in this case is lawfully within its established guidelines and should not be disturbed by this court. Mr. Hambley was charged in a multiplecount administrative complaint with violations of section 475.25(1)(h), Florida Statutes (1987), because on five occasions, in April and May 1987, he shared commissions with a person not licensed as a broker....

...The kickbacks distorted the purchase price of the real estate. As a result, the purchaser, with Mr. Hambley's knowledge, was able to receive FHA financing in excess of 100% of the true purchase price on one or more of these real estate investments. Additionally, the complaint alleged violations of section 475.25(1)(b), i.e., culpable negligence and breach of trust, because Mr....

...The guidelines provided a minimum penalty "per count" of "reprimand and/or a fine up to $1,000." Significantly, the guidelines did not permit probation as a form of punishment because that penalty was not added to the Commission's statutory authority until October 1, 1988. § 475.25(1), Fla....

...Based on those occurrences, the Florida Department of Business and Professional Regulation, Division of Real Estate, filed an administrative complaint requesting sanctions against Nelson, who was a licensed real estate broker. Specifically, the Department alleged that Nelson was in violation of section 475.25(1)(f), Florida Statutes (1993), [2] by being found guilty, regardless of adjudication, of "a crime which directly relates to the activities of a licensed real estate salesperson or involves moral turpitude or fraudulent or dishonest de...

...private social relations or duties owed by man to man or by man to society." See State ex rel. Tullidge v. Hollingsworth, 108 Fla. 607, 146 So. 660 (1933). Moral turpitude, says Nelson, involves more than simply committing some crime. The purpose of section 475.25, he contends, is to protect the public from dishonest real estate salesmen—and the two crimes with which he was charged do not impugn his honesty or ability to deal fairly with the public. In Pearl v. Florida Board of Real Estate, 394 So.2d 189 (Fla. 3d DCA 1981), the Third District held that possession of a controlled substance does not establish moral turpitude within the purview of section 475.25(1)(f)....

...The majority opinion concludes that setting off a smoke bomb as a political protest over actions of the St. Johns River Water Management District is not a crime that involves moral turpitude. Thus, discipline by the Florida Department of Business and Professional Regulation, pursuant to section 475.25(1)(f), was inappropriate....

...t to be licensed. However, we do not agree that Antel's rehabilitation must necessarily be delayed until she has successfully completed her parole in 1993. AFFIRMED. ORFINGER and DANIEL, JJ., concur. NOTES [1] § 475.17(1)(a), Fla. Stat. (1985). [2] § 475.25(1)(f), Fla....

...Hoffman, Sr., defendant below, has filed the instant petition seeking review of an order of the Florida Real Estate Commission revoking his real estate broker’s registration. Petitioner was charged by respondents for having violated Chapter 475, Florida Statutes, F.S.A., in particular § 475.25, for certain acts committed by him in connection with the sale of a trailer park, in which transaction he was involved as the selling broker. Such acts were alleged to amount to, inter alia, breach of trust, concealment, false pretense, fraud and dishonest dealing in violation of said § 475.25, F.S....

...By reason of all the foregoing, defendant Hoffman is therefore guilty of a course of conduct which shows that he is so dishonest and untruthful that transactions and rights of those with whom he may sustain a confidential relation may not safely be entrusted to him in violation of Subsection 475.25(3), Florida Statutes, and his registration as a real estate broker ought to be revoked.” As noted earlier in this opinion, the transcript of testimony on which the above findings are based was submitted to the Commission by the examiner who simply conducted the hearing but made no findings of fact....

...Appellants basically alleged a conspiracy, with defendant Kott involved as a co-conspirator, to defraud them and force a sale of the property at an unfair price. [2] Appellants further alleged that Pym, Suchman, and Kott, acting as real estate brokers, had fiducuary duties to appellant and that they violated F.S. 475.25(1)(a), F.S.A., as well as certain regulations of the Florida Real Estate Commission by failing to made a full disclosure prior to the signing of the contract as to the true identity of the buyers and the time value of the land, and that Pym...

...ott alleging fraud. In addition, the Klines have pending a counterclaim against Pyms-Suchman Real Estate Company in an action against the Klines for a real estate commission. The counterclaim makes the same allegations of fraud. Appellants rely on F.S. 475.25(1)(a), F.S.A., and regulations of the Florida Real Estate Commission as grounds for denying specific performance of the contract....

...*192 Caldwell, Pacetti, Robinson & Foster, West Palm Beach, for petitioner. Benjamin T. Shuman, Winter Park, for respondents. KANNER, Judge. An information was filed by a representative of the Florida Real Estate Commission against John W. Shelton, charging him with violation of sections 475.25(1) (a) and 475.25(1) (c), Florida Statutes, F.S.A., in effecting the sale of a trailer park....

...t to retain it. The commission found him guilty of misrepresentation and refusal to remit the earnest money deposit, suspending his license for a period of three months. Review of that order through certiorari is here sought by the petitioner. Under section 475.25(1), Florida Statutes, F.S.A., the real estate commission may suspend a registered broker for a period not exceeding two years upon a finding of facts that he has: "(a) Been guilty of fraud, misrepresentation, concealment, false promise...

...However, Jones, admitting his appearance on that day before the zoning commission, denied he was present when the zoning and conditional use permit for the trailer park property was considered, and this was uncontroverted. We do not regard as tenable here the commission's finding that Shelton had violated subsection 475.25(1) (c) through his refusal to return the deposit money to the Joneses, since the deposit money had been placed in escrow and since the sellers decided to hold the Joneses to the contract....

...er whether the victim of the misconduct sustained any damage or loss, after discovery of the misconduct, or whether such victim was a customer or a person in confidential relation with the broker, or was an unidentified member of the general public. Section 475.25(1) (a), Florida Statutes, F.S.A....

NESBITT, Judge. A real estate agent appeals a final order of the Department of Business and Professional Regulation, Division of Real Estate, finding that the agent had violated section 475.25(l)(b), Florida Statutes (1995), suspending her real estate license for two years, sentencing her to one year of probation, and fining her $1000....

...The HUD judge found Arias in violation of federal housing law, 1 and required her to attend fair housing training, and fined her $100. *657 In November 1996, the Department of Business and Professional Regulation, Division of Real Estate, filed an administrative complaint against Arias, claiming a violation of section 475.25(l)(b) Florida Statutes (1995) 2 ....

...s because of their race and color. Arias did not dispute the allegations of fact contained in the complaint. An informal hearing was conducted. Arias was not represented by counsel. The Commission issued a final order finding that Arias had violated section 475.25(l)(b), suspending her real estate license for two years, sentencing her to one year of probation, and fining her $1000. This appeal followed. Because we find one issue raised by Arias to be correct and dispositive, we will address only that point. The statute at issue, section 475.25(l)(b) provides: (1) The commission may deny an application for licensure, registration, or permit, or renewal thereof; may place a licensee, registrant, or permittee on probation; may suspend a license, registration, or permit for a pe...

...isciplinary guidelines. Florida Administrative Procedure Section 61J2-24.001 provides the guidelines for disciplinary action by the Real Estate Commission. Disciplinary Guideline 6IJ2-24.001, provides in pertinent part: VIOLATIONS [[Image here]] (c) 475.25(l)(b) Guilty of fraud, misrepresentation, concealment,false promises,false pretenses, dishonest dealing by trick, scheme or device, culpable negligence or breach of trust....

...ent, and obviously provided no standards sufficiently governed by the legislature as to constitute a judicially reviewable discretion. Considering section 455.2273, we agree with the licensee’s position that the legislature could not have intended section 475.25(l)(b) to be a carte blanche for the Commission to suspend real estate professionals license for the violation of any legal duty without meaningful notice of likely penalties and without a mechanism in place to ensure that such penalties would be consistently applied by the Commission....

...e buyer from purchasing housing is unlawful.” Id. at 1047. (Footnotes deleted.) . The initial complaint against Arias also charged a violation of section 455.227, Florida Statutes (1995), however the Commission’s final order found a violation of section 475.25(l)(b), Florida Statutes (1995), alone.

...te broker is now the confidant of the public in much the same manner as the' lawyer and the banker. His relation to the public exacts the highest degree of trust and confidence and the law imposes on appellees the duty of enforcing its standards.” Section 475.25, Florida Statutes, F.S.A., provides the grounds for suspension or revocation of a registrant as follows: “(1) (a) Been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing, trick, scheme...

...Section 475.483(l)(a) provides that a person is eligible to seek recovery from the Fund if “[s]uch person has received final judgment in a court of competent jurisdiction in this state in any action wherein the cause of action was based on a real estate brokerage transaction or any violation proscribed in s. 475.25 ...” (emphasis added). Section 475.25 sets forth a number of violations for which real estate licensees may be disciplined, including fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction in this state or any state ......

..., oral, express, or implied, in a real estate transaction.... The appellant received a final judgment wherein the trial court specifically found that Westbay and Waddle committed fraud in the course of the real estate transaction, as contemplated by section 475.25(b)....

...(Supp.1988). . The trial court's order cited to section 425.-25(b), Florida Statutes. Upon review of section 425.25 and upon review of the order in context, it is clear the citation included a typographical error and that the trial court intended to cite to section 475.25(b).

...We believe only one of Lloyd’s contentions has merit, and on that point we reverse and remand. A hearing officer from the Department of Administrative Hearings filed a recom *721 mended order urging that Lloyd’s salesman’s license be revoked for violating section 475.25(l)(b), Florida Statutes (1979)....

...and, until he moved his residence to Georgia, was a registered real estate broker in this state. When Hall moved his residence, Respondent Florida Real Estate Commission entered a final order revoking his broker's registration under the authority of Section 475.25(2), Florida Statutes, F.S.A., which provides that "the registration of a registrant shall be revoked ......

...easonably burden or restrict this movement." That right may be restricted only for a compelling state interest. Shapiro v. Thompson, supra ; Dunn v. Blumstein, 1972, 405 U.S. 330, 92 S.Ct. 995, 31 L.Ed.2d 274. Florida's interest in enacting the F.S. Section 475.25(2), F.S.A., residency requirement was stated by this Court in Holland ....

..." is no longer a legitimate justification for the statute. Florida's broad, long-arm laws (F.S. Chapter 48, F.S.A.) now permit service of process on nonresidents doing business in this state. Unless there is another compelling, legitimate reason for Section 475.25(2), therefore, we must find it unconstitutional as a denial of equal protection....

...The Commission says it would be virtually impossible to discipline and police nonresident registrants as required by the Florida Real Estate License Law, F.S. Chapter 475, F.S.A. We find no merit in this contention. It is already necessary to police brokers' actions outside of Florida. According to Section 475.25, the "revocation and suspension" section, brokers may be disciplined for certain actions whether done "in this state or any other state, nation, or territory." Having nonresident brokers would, therefore, do no more than potentially increase the number of out-of-state violations of Section 475.25....

...constitutionality for all time. Changing circumstances may render it invalid. Georgia Southern and Florida Ry. Co. v. Seven-Up Bottling Co., Fla. 1965, 175 So.2d 39. They have in this case. Accordingly, we hold unconstitutional that portion of F.S. Section 475.25(2), F.S.A., which provides for the revocation of the real estate registration of a nonresident; we specifically overrule that portion of Holland v....

...Petersburg, for appellant. Garnett W. Chisenhall, Tallahassee, Chief Appellate Counsel, for appellee. Before RAMIREZ, C.J., and GERSTEN, J., and SCHWARTZ, Senior Judge. PER CURIAM. Affirmed. See Fla. Real Estate Comm'n v. Webb, 367 So.2d 201 (Fla.1979); § 475.25(1), Fla....

...Wilsen & Associates, P.A., and Law Offices of Gillis & Wilsen, Orlando, for Appellant. Laura McCarthy, Senior Attorney, DBPR Division of Real Estate, Orlando, for Appellee. W. SHARP, Judge. Milliken appeals from an order of the Florida Real Estate Commission (FREC), which found him guilty of having violated subsections 475.25(1)(f) and 475.25(1)(n), Florida Statutes, and imposed a penalty of suspension of his real estate license until his criminal probation terminates and he pays $752.00 for investigative costs....

...However, Milliken failed to dispute the Department's allegations and at the hearing, both he and his attorney admitted them. It was therefore proper for FREC to rely on Milliken's admissions. Milliken also argues that possession of cocaine with intent to distribute is not a crime which violates section 475.25(1)(f) because it does not involve moral turpitude or fraudulent or dishonest dealing....

...We have no problem with concluding it is a crime involving moral turpitude. See Norris v. Florida Department of Professional Regulation, 579 So.2d 390 (Fla. 3d DCA 1991). Milliken also claims FREC did not have authority to suspend his license for an indefinite period of time that may exceed ten years. Section 475.25(1) provides FREC may suspend a license for a period not to exceed ten years....

petitioner’s suspension to a period of one year. Section 475.25(1), Florida Statutes (1975), permits the Commission

...Finally, Roberts urges that the Commission lacks jurisdiction because, contemporaneously with the filing of the administrative complaint, Roberts filed a complaint in the Circuit Court of Seminole County for a declaratory judgment concerning the contract in question and his obligations under it. Thus, Roberts urges, section 475.25(l)(c) forecloses Commission jurisdiction....

...adjudication of the question, in a proper court, and shall abide, or offer to perform, the advice of the commission or the orders of the court or arbitrators, no information against him shall be permitted to be maintained . The escape provisions of section 475.25(1)(c) must be timely invoked....

...The complaint was drawn in 14 counts and essentially alleged misuse of deposits in five different real estate sales transactions by the defendants’ failure to place these earnest money deposits in an escrow or trust account in violation of Sections 475.25(l)(a) and 475.25(l)(i), Florida Statutes (1977)....

...The officer filed a recommended order which was later adopted as the final order of the Real Estate Commission. This order found the defendants guilty of misconduct under the various counts regarding misuse of deposits. The individual defendants were found guilty of violating Sections 475.25(l)(a), 475.25(l)(i) and 475.25(3), Florida Statutes (1977)....

...The grounds for revocation of this license were not presented at the hearing. Dreyer testified that he felt the only mistake he made in the transactions here involved was that he did not get *98 authorizations from the parties to use the earnest money deposits at the time the contracts were executed. CONCLUSIONS OF LAW Section 475.25(1) F.S....

...l disbursement thereof is properly authorized, or, if a salesman, fail to immediately place with his registered employer any money, fund, deposit, check or draft entrusted to him by any person dealing with him as agent of his registered employer.” Section 475.25(3) F.S....

...practices of the office. During the period December 31, 1974 to January 30, 1976 no deposits were made in the Dreyer Real Estate Inc. trust account. The five transactions presented in this case constitute a course of conduct clearly in violation of § 475.25(3) above quoted....

...money, property, transactions or rights of investors were seriously hazarded. Count 12 alleges, and the evidence adduced, shows that Dreyer offered to pay De Furia, a non-registrant, a finders fee for locating a buyer for property Dreyer had listed. Section 475.25(l)(f) F.S. above quoted makes it an offense to pay a fee or share a commission with the non-registrant. All parties here agreed that no such fee was paid. Accordingly there is no violation of § 475.25(l)(f) F.S....

...Under all of the facts and circumstances presented below, we find the order of the Real Estate Commission as to the substantive violations is adequately supported by competent evidence. The finding that the violations constituted a course of conduct allows revocation under Section 475.25(3)....

...Bobbie G. Rivard and Rivard Realty, Inc. filed their petition for writ of cer-tiorari seeking review of an order of the Real Estate Commission finding petitioners guilty of Counts II, III and V of the Information alleging violations of subsections 475.25(1) (a) and (i) and suspending their registrations for 90 days. Count II Count II alleged that Mrs. Rivard was guilty of concealment and breach of trust in violation of § 475.25(1) (a), Florida Statutes, F.S.A., for failure to disclose to her client, Mrs....

...ker’s business, he is required to divulge to his principal any fees he is to collect as a mortgage .brokerage commission in addition to his real estate brokerage commission, and failure to do so constitutes concealment and violation of trust under § 475.25(1) (a), Florida Statutes, F....

...ruing the statute to the effect that any fees received by a broker in any business transaction which is a part of, or incidental to, a real estate sale must be revealed to his principal or the same will be deemed prima facie evidence of violation of § 475.25(1) (a) and (c). The Commission concedes that the rule has no application to Mrs. Rivard but argues that it expresses the Commission’s view of the statute. This contention is without merit. Subsection 475.25(1) (a), Florida Statutes, F.S.A., provides that registrations may be suspended for a period not exceeding two years upon a finding of facts showing that the registrant has: “(a) Been guilty of fraud, misrepresentation, concealment, f...

...We reiterate that the subsequently promulgated rule is not applicable to this cause, and its validity and impact not being before this Court is not here considered. Count III Count III charged Mrs. Rivard with failure to place a $300.00 earnest money deposit immediately in escrow in violation of § 475.25(1) (i)....

...She then wrote a check to the seller, Cobb, on the Rivard Realty, Inc. general account, which she was authorized to sign. Thereafter she got Mrs. Ri-vard to sign the RCR check, deposited same in the Rivard Realty Escrow Account, and wrote a check in like sum on the escrow account to reimburse the general account. Subsection 475.25(1) (i), Florida Statutes, F.S.A., provides that registration may be revoked if the broker: “(i) Failed, * * * to immediately place, upon receipt, any money, fund, deposit, check or draft, entrusted to him * * * in escrow with a title...

...check for the commission. Both of these cases held that these were technical violations, not involving any dishonest or unscrupulous conduct which is punishable by suspension of registration. Count V County V alleges that the petitioners violated subsection 475.25(1) (i) in that Mrs....

...he admits that the only time they were together near the property was in a neighbor’s driveway. The evidence shows this driveway to be several hundred feet from the two parcels in dispute. Mrs. Rivard might well have been charged with violation of § 475.25(1) (c) for disbursing funds which both parties claimed, but such was not included in this Information....

officer found that Mary Cluett had violated section 475.-25(l)(b) and (k). The hearing officer recommended

the petitioner violated F.S. § 475.25(1) (a), (c) and (e), and § 475.25(3), F.S.A. The prayer in the

...ommission or compensation for any act or service enumerated in s. 475.01(3) is valid unless the broker or salesman has complied with this Chapter in regard to issuance and renewal of the license at the time the act or service was performed. Further, Section 475.25(l)(h), Florida Statutes (1985), provides, in part: [HJowever, a licensed broker of this state may pay a referral fee or share a real estate brokerage commission with a broker licensed or registered under the laws of a foreign state so long as the foreign broker does not violate any law of this state....

...will not preclude him from enforcing his contractual right to a fee if he has performed good faith services within his own jurisdiction. Tassy v. Hall, 429 So.2d 30 (Fla. 5th DCA 1983). Indeed, such appears to be clearly within the contemplation of Section 475.25(l)(h), supra....

...Inasmuch as Eberhardt's activities were in violation of the laws of this State, his cobrokerage agreement with the Florida broker does not furnish a basis for the enforcement of a right to a fee for his services. That is, Eberhardt has not brought himself within the above quoted provisions of Section 475.25(l)(h)....

...He stands charged by the Florida Real Estate Commission with having committed five violations of the Real Estate License Law. F.S.A. Ch. 475. One of the counts in the information before the commission charges relator with fraud, misrepresentation, false pretenses, and dishonest dealing in violation of F.S.A.'§ 475.25(1) (a)....

...o determine: (1) whether the relator’s alleged expulsion from the local board of realtors was valid; (2) if so, whether relator thereafter improperly used the term “realtor” ; and (3) if so, whether such improper use constitutes a violation of § 475.25(1) (a)....

grounds for revoking or suspending a license, and section 475.25(l)(e), Florida Statutes (1979) provided that

McCAIN, Judge. The petitioner, John M. Cannon, seeks certiorari to review a final order of the Florida Real Estate Commission suspending his registration as a broker for alleged violation of F.S.1967, Section 475.25(1) (c), F.S.A....

...general public in handling real estate transactions”. (Emphasis added.) Brod v. Jernigan, Fla.App.1966, 188 So.2d 575, 576 . Although no Florida decision decides whether a real estate sales person is a “person” within the meaning of F.S.1967, Section 475.25(1) (c), F.S.A., other jurisdictions with similar statutes have considered the question and generally agree that a sales person, employed by a broker, is not within the class of persons protected....

...by the commission. For the foregoing reasons certiorari is granted and the Florida Real Estate Commission’s final order is quashed with instructions to enter a dismissal of the stated charges against petitioner. 5 CROSS and REED, JJ., concur. . F.S. 475.25, F.S.A....

...ationship is not within the protected class. Ferguson v. Schuenemann, 1959, 167 Cal.App.2d 413 , 334 P.2d 668 . But see where the state of Ohio has decided otherwise. Sigler v. Mass. Bonding and Ins. Co., 1941, 71 Ohio App. 425 , 50 N.E.2d 390 . . F.S. 475.25, F.S.A....

...been settled and paid, after discovery of the misconduct, or whether such victim, or intended victim, thereof, was a customer or a person in confidential relation with the registrant, or was an unidentified member of the general public * * * » . F.S. 475.25(1) (c), F.S.A....

violations of the Real Estate License Law, F.S. § 475.25, F.S.A., and suspended their registration as brokers

...and Irving E. Miller, brought their petition for writ of certiorari to be directed to the Florida Real Estate Commission, pursuant to the provisions of § 475.30(2) Fla.Stat, F.S.A. The petition claims the unconstitutionality of sub-paragraphs (a) and (i) of § 475.25(1), Fla.Stat., F.S.A. It is the contention of petitioners that § 475.25(1) (a) providing for the revocation or suspension of the registration of a registrant under the Florida Real Estate License Law for “culpable negligence” is unconstitutional because such words as used in the statute are so vague, indefinite and uncertain that it is impossible to determine the intent of the act. We hold that this contention is without merit because the term is clearly used in pari materia with the other provisions of said section. The petitioners urge the unconstitutionality of § 475.25(1) (i) upon the ground that the same is void as an arbitrary and unreasonable exercise of the police power in that it provides for the revocation or suspension of the registration of a registrant for an act which is not otherwise prohibited by the laws of the State, and an act which does not involve moral turpitude....

...The Florida Real Estate Commission instituted proceedings against petitioner Ward seeking the revocation of petitioner’s license as a real estate broker. After a citation and hearing conducted by an examiner, petitioner was found guilty of breach of trust in business transactions in violation of Section 475.25(1) (a), Florida Statutes, F.S.A, to the extent that he was guilty of a course of conduct or practices which show that he was so incompetent, negligent and dishonest that the money of those with whom he may sustain a confidential relation may not safely be entrusted to him, in violation of Section 475.25(3), Florida Statutes, F.S.A....

...The registration of Ward as a real estate broker was revoked and Ward seeks review here by Certiorari, as authorized by Section 475.35, Florida Statutes, F.S.A., and Florida Appellate Rule 4.5(c), 31 F.S.A. We find error, grant the Writ of Certiorari, and quash the order of suspension. Section 475.25, Florida Statutes, F.S.A., authorizes the commission to suspend the registration (license) of a registered real estate broker: “(1) * * * [Ujpon a finding of facts showing that the registrant has: “(a) Been guilty of fraud, misrepr...

...In his request for a formal hearing, Cambas admitted that he had pled guilty to one count of misdemeanor DUI and one count of leaving the scene of an accident. However, he argued that these were not crimes of moral turpitude or fraudulent or dishonest dealings, and thus, were not subject to discipline pursuant to section 475.25(1)(f), Florida Statutes (2002)....

...Because Cambas points to no disputed material facts, we see no error in denying his request for a formal hearing. Cambas also argues that the Commission erred in determining that he committed a crime of moral turpitude that would authorize the Commission to discipline him. Section 475.25(1)(f), Florida Statutes, allows the Commission to discipline a real estate licensee who is "convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the activities of a licensed broker or sales associate, or involves moral turpitude or fraudulent or dishonest dealing." Section 475.25 does not define what constitutes moral turpitude....

...This case is before this court on cer-tiorari to the circuit court which affirmed an order of the Florida Real Estate Commission suspending the registration of William J. Potter as a real estate broker. The commission charged the broker with violation of Section 475.25(1) (a), Fla....

...purchaser went directly to the owner. Whether the broker had a commission claim which was valid and enforceable under the facts and the law, was not the question. The statute upon which the charges against the broker were laid, reads as follows : “475.25 [Fla.Stat., F.S.A.] Grounds for revocation or suspension “(1) That registration of a registrant may be suspended for a period not exceeding two years, or until compliance with a lawful order imposed in the 'final order of suspension, or both...

the sharing of a commission as authorized by Section 475.25(1), (h),. Florida Statutes (1981). The judgment

escrow funds in violation of Florida Statutes, Section 475.25(1) (i), F.S.A.; count two charged petitioner

...tary damages by reason of any act committed, as a part of any real estate brokerage transaction involving real property in this state by any broker or sales associate,” if that act “was a violation pro *1174 scribed in s. 475:25 or s. 475.42.” Section 475.25(l)(b), Florida Statutes (2014), includes “fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, [and] culpable negligence,” among other prohibited acts....

...Therefore, Appellants have shown that the Licensees acted solely in their capacities as real estate licensees. See § 475.482(l)(c), Fla. Stat. We next turn to the FREC’s argument that Appellants did not obtain judgments against the Licensees for acts prohibited by section 475.25....

...However, the default final judgments in the civil cases specifically found that the Licensees made false statements or material omissions, on which Appellants justifiably relied when entering into the purchase agreements, resulting in monetary damages. These judgments fall squarely within the scope of section 475.25....

...Real Estate Comm’n, 599 So.2d 207, 208 (Fla. 2d DCA 1992) (footnote omitted) (“The appellant received a final judgment wherein the trial court specifically found that [developer] and [licensee] committed fraud in the course of the real estate transaction, as contemplated by section 475.25(b). Accordingly, the appellant was eligible to recover based upon the trial court’s finding of fraud.”). Appellants have shown that they obtained judgments for acts prohibited by section 475.25....

...ction 475.42(1) (a), Florida Statutes 1961, F.S.A., 1 by the use of certain signs which are alleged to reflect that they unlawfully held themselves out to be and operated as real estate brokers, contrary to said statute and punishable as provided by Section 475.25(1) (d), Florida Statutes 1961, F.S.A....

...tes, F.S.A. (2) That a real estate salesman who falsely represents to the public that he is a real estate broker without holding such certificate from the Commission is guilty of false pretenses and misrepresentation within the meaning and intent of Section 475.25 (1) (a), Florida Statutes, F.S.A. *263 (3) That a real estate salesman who causes false or misleading signs to he posted on parcels of real estate is untruthful to the extent that persons may not maintain a confidential relation with him within the intent and meaning of Section 475.25(3), Florida Statutes, F.S.A. (4) That a real estate broker who permits improper signs to be displayed on his branch office for more than 60 days after being advised by the Commission of the impropriety of such signs is guilty of negligence within the intent and meaning of Section 475.25(1) (a), Florida Statutes, F.S.A. Based on said findings of law and fact, the examiner suggested the entry of an order holding the petitioners guilty of violating Sections 475.42, 475.25(1) (a), and 475.25(3), Florida Statutes, F.S.A., and the defendant Race guilty of violating Section 475.25(1) (a), Florida Statutes, F.S.A....

...d, holding that the findings of fact and conclusions of the examiner were supported by the record and adopting the same as the findings and conclusions of the Commission. The order thereupon (1) adjudged defendant Charles H. Race guilty of violating Section 475.25(1) (a), Florida Statutes, F.S. A.; (2) adjudged defendants D. L. Rogers and Doris Rogers guilty of violating Sections 475.25 (1) (a), 475.25(1) (d), and 475.25(3), Florida Statutes, F.S.A.; (3) punished defendant Race by suspending his broker’s license for a period of six months, but in turn suspended “the serving of the said period of suspension”; and (4) punished the defendant petitioners, D....

...It is so ordered. WIGGINTON and CARROLL, DONALD K., JJ., concur. . F.S. § 475.42(1) (a), F.S.A., provides: “(a) No person shall operate as a real estate broker or salesman without being the holder of a valid current registration certificate.” . F.S. § 475.25(1) (d), F.S.A., provides: “(1) The registration of a registrant may be suspended for a period not ex-eeeding two years, or until compliance with a lawful order imposed in the final order of suspension, or both, upon a finding of facts sho...

subject to disciplinary action pursuant to Section 475.25(l)(f), Florida Statutes (1985). The fact that

adjudged petitioner guilty of violating Florida Statute 475.25 (l)(a), F.S.A., with respect to six counts

would constitute a violation proscribed in section 475.25.” See § 475.482(1), *582Fla.Stat. (1991).1

Flag Realty, Inc., violated the provisions of Section 475.25(l)(e), Florida Statutes,1 in that they were

applications for registration as real estate salesmen. Section 475.25(1) (e), F.S., F.S.A., provides that registration

constitute violations of the provisions of Section 475.25, Florida Statutes, F.S.A. The factual allegations

PER CURIAM. Affirmed. See § 475.25(1X0, (1)(p), Fla. Stat. (1995); Florida Real Estate Comm’n v. Williams

questioned. Count Two charged petitioner violated F.S. § 475.25(1) (d), F.S.A., by operating as a real estate

to carry out the powers expressly granted.4 Section 475.25, F.S., authorizes the commission to carry out

for the resolution of such disputes under section 475.-25(l)(d)l., Florida Statutes (1989), i.e., arbitration

found by the officer established violations of Section 475.25(l)(b), Florida Statutes (1979). Our analysis

order except for the indefinite suspension. Section 475.25(1), Florida Statutes, provides that the commission

so ordered. . Fla.Stat. §§475.25(1) (a), 475.42(1) (d), F.S.A. . Fla.Stat. § 475.25(1) (a), F.S.A.

that the appellant was guilty of a violation of § 475.25(1) (d) Fla. Stat., F.S.A., for having operated

adjudging petitioner guilty of violating F.S.1967, Section 475.25(1) (a), F.S.A., and ordering her registration

administrative complaint against Son pursuant to section 475.25(l)(f), Florida Statutes (Supp. 1990). That

adjudicating them guilty of violating F.S. Section 475.25(1)(c), F.S.A.,1 and subjecting them to a reprimand

discipline under Chapter 475 is appropriate. See § 475.25(1) & (2), Fla.Stat. (1987). REVERSED AND REMANDED

referrals under certain circumstances. See e.g., § 475.25(l)(h), Fla. Stat. (1995)(describing conditions

misrepresentation, concealment, etc., and violated Section 475.25(l)(b), Florida Statutes (1979). In my opinion

upon the ground for revocation as stated in Section 475.25(2), Florida Statutes, F. S.A., the pertinent

guideline penalty for a violation based on section 475.25(1)(e) (authorizing punishment for any violation

appropriate penalty consistent with the dictates of section 475.-25(1), Florida Statutes (1981), see Linkous v

in a real estate transaction in violation of Section 475.25(l)(a) Florida Statutes (1977); in failing to

upon or is required by law," in violation of section 475.25(1)(d)(1) and "dishonest dealing by trick, scheme

Florida Real Estate Practice Act occurred per Section 475.25(l)(f), (n), (p), Florida Statutes (1989). This

conclusion that Mazu-rek was guilty of violating section 475.25, Florida Statutes, (1997). She contends that

3 Section 455.227(2), Fla. Stat. (1995). 4 Section 475.25(1), Fla. Stat. (1995). 5 25 So.2d 4, 4-5 (Fla

complaint claiming that appellant had violated section 475.25(1)(f), Florida Statutes (2005), which provides

specifically found she had violated the provisions of section 475.25(l)(m) (“Has obtained a license by means of

license was due to be suspended pursuant to section 475.25(l)(u), Florida Statutes, which subjects a broker

475.42, Fla.Stat., F.S. A. [more specifically § 475.25(1) (a), Fla. Stat., F.S.A.] between March, 1971

reprimanded Hector for an alleged violation of section 475.-25(1), Florida Statutes. We reverse. On March

in an opinion by Judge Kanner, said: “Under section 475.25(1), Florida Statutes, F.S.A., the real estate

petitioner attacked the constitutionality of § 475.25(2), Florida Statutes (1971), which provided that

Bouchelle was charged with the violation of Section 475.25(1) (a) of the Real Estate License Law1 by having

violations of section 475.25(1)(d)1. [the section (1)(d) charge], as well as section 475.25(1)(k) [the section

question for his own account, in violation of § 475.25(1) (a) Florida Statutes, F.S.A. The determinative

negligence within the intent and meaning of Section 475.25(1) (a), F.S.” The question posed by petitioner

disbursement is alleged to be a violation of F.S.A. § 475.25(1)(i). The pertinent portion of the Information

licenses of all the appellants, pursuant to section 475.25 Florida Statutes (1987). Ferris v. Turlington

the petitioner guilty of violation of F.S. Section 475.25(1) (3), F.S.A., and directed the respondent

Estate Comm’n v. Webb, 367 So.2d 201 (Fla.1979); § 475.25(1), Fla. Stat. (1999-2008).

FREC erred by finding him guilty of violating section 475.25(l)(f), Florida Statutes (1993), and imposing

concluded that this was a breach of trust, etc., under § 475.25(1) (a), Fla.Stat., F.S.A. As Chapter 475 provides

may only obtain a civil injunction. Fla.Stat. § 475.25; Rule 10-5, Rules Regulating The Florida Bar.

a registered broker. It is urged further that § 475.25 is sufficient authority for bringing this action

Commission v. Webb, 367 So.2d 201 (Fla.1978); Section 475.25(l)(a), Florida Statutes (1975).

provided the act was a violation proscribed in section 475.25 or section 475.42. After

Counts I and II alleged that appellants violated section 475.25(l)(b), Florida Statutes (1987)1 for culpable

to his personal account were in violation of Section 475.25(l)(i), Florida Statutes (1977) which requires

upon him by law, all in violation of Fla.Stat. § 475.25(1) (a).1 Petitioner’s motion to quash the information

or implied, in a real estate transaction." Section 475.25(1)(a), F. S. The registration of a registrant

Commission that the petitioner had violated F.S. § 475.25(1) (a), F.S.A. The violation of the statute, and

COWART, Judge. This case involves how section 475.-25(1)(d), Florida Statutes (1981), which requires

disciplinary action for making such payment. Section 475.25(l)(d)(l), Florida Statutes (1985). Therefore

found guilty on two counts of violating F.S.A. § 475.25(1) (i), and his registration was suspended for

“Commission”), which found him guilty of violating section 475.25, Florida Statutes, suspended his real estate

real estate broker for an alleged violation of section 475.25(l)(d), Florida Statutes (1989). The Commission

appellant licensee was subject to discipline under section 475.25(l)(m), Florida Statutes for misrepresenting

the Commission concluded' that he violated section 475.25(l)(u), Florida Statutes (2013), and decided

which found Schu-macher guilty of violating section 475.-25(l)(e), Florida Statutes, for failing to promptly

These facts are claimed to be a violation of § 475.25(l)(c) and (d) F.S., a part of the real estate

respondent commission which found him in violation of § 475.25(1)(c), Fla.Stat, F.S. A, and suspended him pending

for revoking or suspending his registration. In § 475.25, Fla.Stat., F.S.A., the statute provides grounds

found that petitioner had acted contrary to section 475.25(l)(a), Florida Statutes, the hearing examiner

findings of fact will not support a violation of Section 475.25(l)(a), Florida Statutes. See Brod v. Jernigan

in a business transaction, in violation of section 475.25(l)(b), Florida Statutes. White negotiated a

deposit when directed to do so by the seller. Section 475.25 Fla.Stat., F.S.A. recites the duty of the broker

Florida *554Statutes (1995), in violation of section 475.25(l)(e), Florida Statutes (1995). Phillips did

and misrepresentation in violation of Fla.Stat. § 475.25(1) (a) (1971); Count II alleged that petitioner’s