Lloyd v. Department of Professional Regulation

District Court of Appeal of Florida

Lloyd v. Department of Professional Regulation

473 So. 2d 720, 10 Fla. L. Weekly 1157, 1985 Fla. App. LEXIS 13897

CourtDistrict Court of Appeal of Florida

DecidedMay 8, 1985

DocketNo. 83-2529

StatusPublished

Cited by3 cases

This text of 473 So. 2d 720 (Lloyd v. Department of 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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Lloyd v. Department of Professional Regulation, 473 So. 2d 720, 10 Fla. L. Weekly 1157, 1985 Fla. App. LEXIS 13897 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

Lloyd appeals an order from the Florida Real Estate Commission which revoked his real estate salesman’s license. 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]*721mended order urging that Lloyd’s salesman’s license be revoked for violating section 475.25(l)(b), Florida Statutes (1979). The Florida Real Estate Commission adopted the recommended order in its entirety and ordered Lloyd’s license revoked. In so doing, however, the Commission failed to comply with Rule 28-5-405(3), Florida Administrative Code (1983) which requires it to rule on exceptions filed by a party and requires the commission to state with particularity its reasons for so ruling. See also, Pelham v. Superintendant of School Board, etc., 436 So.2d 951 (Fla. 1st DCA 1983).

Consequently, we remand this case and instruct the Commission to expressly rule on the exceptions submitted by Lloyd, and explain the grounds relied on in the event it rejects those exceptions. We have examined Lloyd’s other allegations of error and find they are without merit.

REVERSED AND REMANDED.

HURLEY, DELL and WALDEN, JJ., concur.

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PER CURIAM.

Lloyd appeals an order from the Florida Real Estate Commission which revoked his real estate salesman’s license. 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]*721mended order urging that Lloyd’s salesman’s license be revoked for violating section 475.25(l)(b), Florida Statutes (1979). The Florida Real Estate Commission adopted the recommended order in its entirety and ordered Lloyd’s license revoked. In so doing, however, the Commission failed to comply with Rule 28-5-405(3), Florida Administrative Code (1983) which requires it to rule on exceptions filed by a party and requires the commission to state with particularity its reasons for so ruling. See also, Pelham v. Superintendant of School Board, etc., 436 So.2d 951 (Fla. 1st DCA 1983).

Consequently, we remand this case and instruct the Commission to expressly rule on the exceptions submitted by Lloyd, and explain the grounds relied on in the event it rejects those exceptions. We have examined Lloyd’s other allegations of error and find they are without merit.

REVERSED AND REMANDED.

HURLEY, DELL and WALDEN, JJ., concur.

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473 So. 2d 720, 10 Fla. L. Weekly 1157, 1985 Fla. App. LEXIS 13897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-v-department-of-professional-regulation-fladistctapp-1985.

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