CopyCited 1 times | Published | District Court of Appeal of Florida
SHANNON, 'Judge. The appellant-defendant files this appeal from the final decree of injunction, entered in the lower court, wherein he was enjoined from “offering or conducting, contrary to and in violation of Section 475.451, F.S., any course, or courses, of study in real estate practice or course, or courses, designed or represented to enable or assist applicants for registration as real estate brokers or salesmen to pass examinations conducted by the Fl...
...from both parties touching upon the question of the jurisdiction of this court to hear this matter. Such briefs were furnished and *188 this court has now determined that it has jurisdiction. The petition for injunction alleges generally that under Section 475.451, Florida Statutes, F.S.A., which provides, in part, as follows: "Every person, school or institution, except approved and accredited colleges and universities of this state, who shall offer or conduct any course or courses of study in...
...person, school or institution, to conduct any course for applicants for registration as real estate brokers or salesmen without first obtaining a permit from the Florida real estate commission and that the Florida real estate commission, pursuant to Section 475.451, Florida Statutes, F.S.A., adopted Rule S301.01, which provides in part: "S301.01 — Ground For Denial....
...defendant’s registration as a real estate broker. The petition further alleges that no permit had been issued by the Florida real estate commission to the defendant to conduct his school, but the defendant was conducting his school in violation of Section 475.451....
...The chancellor entered an order denying this motion and temporarily enjoining defendant. By his final decree the chancellor permanently enjoined defendant from conducting his school until he had obtained a permit as required by the provisions of F.S. Section 475.451, F.S.A....
...These motions were denied by the chancellor at the time of his final decree. The question on the issues involved in this appeal is stated by the appellant as follows: Did the lower court commit error, in its various rulings, orders and decrees, by making an erroneous and unlawful interpretation of Section 475.451 of the Florida Statutes, F.S.A., and of the rules and regulations adopted by the Florida real estate commission in interpretation and implementation thereof? Defendant argues that he had been maintaining his school for several years prior to 1957, at which time the legislature passed Section 475.451, Florida Statutes, F.S.A.; that consequently he was required to secure a permit from the Florida real estate commission to operate his business, and that pursuant to rule S301.01 of the Florida real estate commission all proceedings o...
...The chancellor, according to the defendant’s brief, obviously interpreted that phrase to exclude and therefore to permit this injunction proceeding, and it is this interpretation which the defendant contends is erroneous and unlawful. We do not agree with the defendant’s contention. Section 475.451(6), Florida Statutes, F....
...and prescribes requirements to be fulfilled by those who desire to engage in appraising or the other activities specified in such chapter.” Irrespective of the fact that the defendant was operating the school prior to the legislative enactment of § 475.451 and adoption of the questioned rule of the Florida real estate commission, at the time of this case there was a positive requirement that the defendant, or any party, should have a permit. Defendant did not have one, and hence he was subject to injunctive process. That the interpretation of rule S301.01 to allow enforcement of § 475.451 and to prevent defendant from continuing to conduct his school is not unreasonable as applied to defendant is amply demonstrated by a review of the cases....
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Cert. deniedAgo (1981)phrase: "cert. denied"
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 10333, 1998 WL 476174
...Because the revocation of Phillips’ instructor’s license was based on his alleged teaching of this unapproved correspondence course, we reverse. Phillips has operated the North Florida Real Estate College for over 17 years with no prior complaints. Under section 475.451, Florida Statutes (1995), except for approved and accredited colleges, universities, community colleges, and area technical centers, all schools and instructors which offer or conduct real estate courses are subject to regulation by the Commission....
...the continuing education correspondence course to real estate licensees at his school, and that he had not sought approval for the course since 1991. He was charged with failure to comply with rule 61J2-3.009(5)(f), Florida Administrative Code, and section
475.451, Florida *554 Statutes (1995), in violation of section
475.25(l)(e), Florida Statutes (1995)....
...Under this statutory definition and the facts of the instant case, the 1991 approval of Phillips’ correspondence course constituted a “license.” Our conclusion is based primarily on the manner in which the course approval is treated by the Commission. First, under section 475.451, Florida Statutes (1995) and rule 61J2-3.009(5), prior approval of the content of the correspondence course was required to be obtained from the Commission before Phillips was authorized to teach the course....
