Haas v. Department of Business & Professional Regulation

District Court of Appeal of Florida

Haas v. Department of Business & Professional Regulation

699 So. 2d 863, 1997 Fla. App. LEXIS 11132, 1997 WL 609169

CourtDistrict Court of Appeal of Florida

DecidedOctober 3, 1997

DocketNo. 96-3113

StatusPublished

Cited by1 cases

This text of 699 So. 2d 863 (Haas v. Department of Business & Professional Regulation) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Haas v. Department of Business & Professional Regulation, 699 So. 2d 863, 1997 Fla. App. LEXIS 11132, 1997 WL 609169 (Fla. Ct. App. 1997).

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Opinion

THOMPSON, Judge.

Gary Eugene Haas appeals a disciplinary order of the Florida Real Estate Commission which suspended his real estate license for two years, imposed a $1,000 fine and required payment of $136.50 in costs. The order further provided that Haas’ license “shall be suspended until such time as the' fine and costs are paid in full.” We affirm the order except for the indefinite suspension.

Section 475.25(1), Florida Statutes, provides that the commission may suspend a license up to a maximum of ten years. Here, the suspension may last longer than ten years if Haas is unable to pay the fine.and costs. The commission went beyond its statutory authority in imposing the indefinite suspension.' Moreover, the purpose of license suspension and the imposition of a fine and costs is to protect the public, see, e.g., Borrego v. Agency for Health Care Admin., 675 So.2d 666 (Fla. 1st DCA 1996), and is not solely for the collection of the fine and posts. By suspending Haas’ license up to ten years, the commission can reissue Haas’ license at any time upon certification that Haas has complied with the terms and conditions of the disciplinary order. § 475.25(3), Fla. Stat.

We affirm the disciplinary action, but we remand for imposition of a suspension up to ten years in duration.

AFFIRMED IN PART; REMANDED for consideration consistent with this opinion.

GRIFFIN, C.J. and ANTOON, J., concur.

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THOMPSON, Judge.

Gary Eugene Haas appeals a disciplinary order of the Florida Real Estate Commission which suspended his real estate license for two years, imposed a $1,000 fine and required payment of $136.50 in costs. The order further provided that Haas’ license “shall be suspended until such time as the' fine and costs are paid in full.” We affirm the order except for the indefinite suspension.

Section 475.25(1), Florida Statutes, provides that the commission may suspend a license up to a maximum of ten years. Here, the suspension may last longer than ten years if Haas is unable to pay the fine.and costs. The commission went beyond its statutory authority in imposing the indefinite suspension.' Moreover, the purpose of license suspension and the imposition of a fine and costs is to protect the public, see, e.g., Borrego v. Agency for Health Care Admin., 675 So.2d 666 (Fla. 1st DCA 1996), and is not solely for the collection of the fine and posts. By suspending Haas’ license up to ten years, the commission can reissue Haas’ license at any time upon certification that Haas has complied with the terms and conditions of the disciplinary order. § 475.25(3), Fla. Stat.

We affirm the disciplinary action, but we remand for imposition of a suspension up to ten years in duration.

AFFIRMED IN PART; REMANDED for consideration consistent with this opinion.

GRIFFIN, C.J. and ANTOON, J., concur.

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699 So. 2d 863, 1997 Fla. App. LEXIS 11132, 1997 WL 609169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haas-v-department-of-business-professional-regulation-fladistctapp-1997.

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