The 2023 Florida Statutes (including Special Session C)
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. . . of a real estate licensee in the transaction; provided the act was a violation proscribed in section 475.25 . . .
. . . Practices Act (FDUTPA, Chapter 501, Florida Statutes (2016)), violation of sections 475.42(1)(e) and 475.25 . . .
. . . See §§ -455.227(l)(a), 475.25(l)(b), 475.278(4)(a)l.-2., 475.42(l)(e), (l)(n), Fla. . . .
. . . it awarded the entire amount requested, $7,179.02 ($6,250 in fees; $453.77 in gross receipts tax; $475.25 . . .
. . . Section 475.25(l)(b), Florida Statutes (2014), includes “fraud, misrepresentation, concealment, false . . . argument that Appellants did not obtain judgments against the Licensees for acts prohibited by section 475.25 . . . These judgments fall squarely within the scope of section 475.25. See Dullea v. Dep’t of Bus. . . . [licensee] committed fraud in the course of the real estate transaction, as contemplated by section 475.25 . . . Appellants have shown that they obtained judgments for acts prohibited by section 475.25. . . .
. . . under Section 120.57(2),■ Florida Statutes* (2013), the Commission concluded' that he violated section 475.25 . . . A real estate broker violates section 475.25(l)(u) when he fails to. . . . .” § 475.25(l)(u), Fla. Stat. (2013). . . . Smith had violated section 475.25(l)(u), Florida Statutes (2013), a. . . . Smith was violating section 475.25(l)(u) in supervising other companies for which he was a broker, and . . .
. . . The complaint concluded that the appellant’s license was due to be suspended pursuant to section 475.25 . . .
. . . Webb, 367 So.2d 201 (Fla.1979); § 475.25(1), Fla. Stat. (1999-2008). . . .
. . . capacity of a real estate licensee in the transaction; provided the act was a violation proscribed in s. 475.25 . . .
. . . turpitude or fraudulent or dishonest dealings, and thus, were not subject to discipline pursuant to section 475.25 . . . Section 475.25(1)(f), Florida Statutes, allows the Commission to discipline a real estate licensee who . . . Section 475.25 does not define what constitutes moral turpitude. . . .
. . . Division of Real Estate, filed an administrative complaint claiming that appellant had violated section 475.25 . . .
. . . Appellant was charged with violating numerous provisions of section 475.25(1), Florida Statutes, regulating . . .
. . . The DBPR-DRE guideline calling for an eight-year suspension applies to violations of section 475.25(1 . . . Similarly, in this case FREC’s use of a “catch-all” may be authorized by section 475.25(1)(e), but the . . . DBPR-DRE's administrative complaint alleged: (1) culpable negligence or breach of trust, under § 475.25 . . . (1)(b); (2) failure to account for or deliver funds, under § 475.25(1)(d)(1); (3) failure to maintain . . . licensee to properly prepare monthly written escrow account reconciliations, under § 475.25(1)(e); and . . .
. . . the Florida Real Estate Commission, (the “Commission”), which found him guilty of violating section 475.25 . . . (l)(f), Florida Statutes, and one violation of section 475.25(l)(p), Florida Statutes. . . . This argument is based on the fact that unlike section 475.25(l)(p), section 475.25(l)(f) references . . . Because Romano pled guilty, counsel argues, section 475.25(l)(f) does not apply. . . . Finally, section 475.25(l)(p) must be read as a whole with the rest of the statute. Montgomery v. . . .
. . . in whole or in part of hydrocarbons derived in whole or in part from petroleum), HTSUS, rather than 475.25 . . .
. . . in whole or in part of hydrocarbons derived in whole or in part from petroleum), HTSUS, rather than 475.25 . . .
. . . The Government liquidated the Portland entry as “motor fuel” under item 475.25, TSUS, the same tariff . . . immediate effect on Golden Gate Petroleum’s classification and initial deposit of duties under item 475.25 . . . classification of the merchandise in item 432.10, TSUS, claiming that it was properly classifiable under item 475.25 . . . Petroleum had been “grossly negligent” in classifying the gasoline from Russia as “motor fuel” under 475.25 . . .
. . . See, e.g., § 475.25(l)(h), Fla. Stat. (2004); Winchester v. . . .
. . . The administrative complaint principally charged the licensees with violations of section 475.25(l)(d . . . [the section (l)(d) charge], as well as section 475.25(l)(k) [the section (l)(k) charge] for their failure . . . See §§ 475.25(l)(d)l.; (k), Fla. Stat. (2003). . . . has not been satisfied in accordance with the terms of the judgment within a reasonable time.... ” § 475.25 . . . Dep’t of Prof'l Regulation, Div. of Real Estate, 592 So.2d 1136 (Fla. 1st DCA 1992) (section 475.25 is . . .
. . . this chapter at the time which had been agreed upon or is required by law,” in violation of section 475.25 . . . (l)(d)(l) and “dishonest dealing by trick, scheme or device,” in violation of section 475.25(l)(b). . . . (l)(b), affirm as to its findings on section 475.25(l)(d)(l) and remand for reconsideration of the penalty . . . It found, and Jones does not dispute, that he violated section 475.25(l)(d)(l). . . . Because the finding of guilt as to section 475.25(l)(b) must be reversed, we remand this cause to the . . .
. . . See e.g., § 475.25(l)(h), Fla. . . .
. . . If White is successful in his claim, Florida Statute § 475.25 provides that FREC can take certain disciplinary . . . against the Debtor if it finds that the Debtor committed any infraction listed in Florida Statute § 475.25 . . . capacity of a real estate licensee in the transaction; provided the act was a violation proscribed in s. 475.25 . . . Stat. § 475.25 reads as follows: (1) The commission may deny an application for licensure, registration . . . Stat. § 475.25 (2000). . . .
. . . Service (“Customs”), correctly classified an entry of a petroleum product as “Motor Fuel” under item 475.25 . . . The parties stipulate that if the merchandise is not classifiable under item 475.25 TSUS, then it should . . . Customs announced that “ [classification of an imported petroleum product as a motor fuel under item 475.25 . . . As item 475.25 is a “chief use” provision, classification of merchandise thereunder is controlled by . . . Customs also argues that item 475.25 TSUS covers motor fuels other than automotive gasoline. . . .
. . . The judge specifically found she had violated the provisions of section 475.25(l)(m) (“Has obtained a . . . Rather, appellant argues that section 475.25, Florida Statutes (1997), does not empower the Florida Real . . .
. . . or device, culpable negligence or breach of trust in a business transaction, in violation of section 475.25 . . . That constitutes violations of sections 475.25(l)(b), 475.25(l)(d)l. and 475.25(l)(k). . . . that White has been found guilty on more than two occasions of misconduct warranting suspension. § 475.25 . . . Section 475.25(1) provides that: The commission may ... revoke a license ... if it finds that the licensee . . .
. . . Florida Administrative Code, and section 475.451, Florida Statutes (1995), in violation of section 475.25 . . .
. . . was liquidated by defendant the United States Customs Service (“Customs”) as “Motor Fuel” under Item 475.25 . . .
. . . for six months based upon the Commission’s conclusion that Mazu-rek was guilty of violating section 475.25 . . .
. . . Business and Professional Regulation, Division of Real Estate, finding that the agent had violated section 475.25 . . . The Commission issued a final order finding that Arias had violated section 475.25(l)(b), suspending . . . The statute at issue, section 475.25(l)(b) provides: (1) The commission may deny an application for licensure . . . Disciplinary Guideline 6IJ2-24.001, provides in pertinent part: VIOLATIONS (c) 475.25(l)(b) Guilty of . . . 455.2273, we agree with the licensee’s position that the legislature could not have intended section 475.25 . . .
. . . of the Florida Real Estate Commission (FREC), which found him guilty of having violated subsections 475.25 . . . (l)(f) and 475.25(l)(n), Florida Statutes, and imposed a penalty of suspension of his real estate license . . . also argues that possession of cocaine with intent to distribute is not a crime which violates section 475.25 . . . Section 475.25(1) provides FREC may suspend a license for a period not to exceed ten years. . . .
. . . Specifically, the Department alleged that Nelson was in violation of section 475.25(1)©, Florida Statutes . . . The purpose of section 475.25, he contends, is to protect the public from dishonest real estate salesmen . . . possession of a controlled substance does not establish moral turpitude within the purview of section 475.25 . . . ; discipline by the Florida Department of Business and Professional Regulation, pursuant to section 475.25 . . .
. . . DBPR alleged that Munch was subject to discipline pursuant to section 475.25(l)(b) of the Florida Statutes . . . 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(l)(m). . . . Having concluded that Walker had violated section 475.25(l)(m), it was within the agency’s discretion . . . Section 475.25(l)(m), Florida Statutes (1995), provides: 475.25 Discipline.— (1) The commission may deny . . . . § 475.25(l)(m), Fla. Stat. (1995); See Ferris v. . . .
. . . Section 475.25(1), Florida Statutes, provides that the commission may suspend a license up to a maximum . . . upon certification that Haas has complied with the terms and conditions of the disciplinary order. § 475.25 . . .
. . . See § 475.25(1X0, (1)(p), Fla. Stat. (1995); Florida Real Estate Comm’n v. . . .
. . . entries under the classification of “motor fuel,” subject to a duty rate of $.0125 per gallon under item 475.25 . . .
. . . , which carried a rate of duty at .25 cents per gallon); Motor fuel (TSUS Part 10, Schedule 4, item 475.25 . . .
. . . , which carried a rate of duty at .25 cents per gallon); Motor fuel (TSUS Part 10, Schedule 4, item 475.25 . . .
. . . a three-count complaint against Caserta charging him with violating section 475.452 and paragraphs 475.25 . . .
. . . The appellant licensee was subject to discipline under section 475.25(l)(m), Florida Statutes for misrepresenting . . .
. . . Section 475.25(1) allowed FREC to mete out a variety of punishments. . . .
. . . hours, or approximately 10 percent of 201.75 hours, from 495.25 hours for a new base line figure of 475.25 . . . We must now decide what part of the remaining 475.25 hours can be attributed to any benefit Schreiber . . . Schreiber at the 1993 trial and subsequent hearings, we find that one-half, or 238 of the remaining 475.25 . . .
. . . He alleges that FREC erred by finding him guilty of violating section 475.25(l)(f), Florida Statutes . . . officer found Viti to have been convicted of a crime involving moral turpitude, a violation of section 475.25 . . . hearing officer also found that Viti was not guilty of a second count that charged a violation of section 475.25 . . . however, because FREC did not alter the hearing officer’s conclusion that no violation of subsection 475.25 . . . rejection of findings pertaining only to the hearing officer’s recitation and interpretation of section 475.25 . . .
. . . , artifice or trickery or by any other act which would constitute a violation proscribed in section 475.25 . . . pretenses, artifice, or trickery or by any other act which would constitute a violation proscribed in s. 475.25 . . . cause of action was based on a real estate brokerage transaction or any violation proscribed in s. 475.25 . . . See §§ 475.482(1), 475.483, & 475.25, Fla.Stat. (1991). . . .
. . . . §§ 475.25, 494.0041, Fla.Stat. (1993). . . .
. . . The Customs Service, upon liquidation, reclassified the merchandise under Item 475.25, TSUS, as “Motor . . .
. . . The Commission filed an administrative complaint against Son pursuant to section 475.25(l)(f), Florida . . . In this case, the hearing officer correctly applied the Ayala court’s reasoning to section 475.25(l)( . . . Section 458.331(l)(c) contains virtually identical language as section 475.25(l)(f). . . .
. . . . § 475.25; Rule 10-5, Rules Regulating The Florida Bar. . . .
. . . cause of action was based on a real estate brokerage transaction or any violation proscribed in s. 475.25 . . . Section 475.25 sets forth a number of violations for which real estate licensees may be disciplined, . . . and Waddle committed fraud in the course of the real estate transaction, as contemplated by section 475.25 . . . clear the citation included a typographical error and that the trial court intended to cite to section 475.25 . . .
. . . Counts I and II alleged that appellants violated section 475.25(l)(b), Florida Statutes (1987) for culpable . . . Counts III and IV alleged that appellants violated section 475.25(l)(k), Florida Statutes (1987), as . . . Count VII alleged that Anglickis was in violation of section 475.25(i)(o), Florida Statutes (1987) for . . .
. . . device, culpable negligence or breach of trust in a business transaction,” in violation of Section 475.25 . . . a salesman for a person not registered as his employer,” in violation of Sections 475.-42(l)(b) and 475.25 . . . Therefore, he concluded, further, that no violation of Section 475.25(l)(b), as charged in Count I of . . . It is clear that Section 475.25(l)(b) is penal in nature. . . . Reading the first clause of Section 475.25(l)(b) (the portion of the statute which appellant was charged . . .
. . . Liquidation for each entry was under TSUS item 475.25 as “Motor Fuel” atadutyrate of 1.25 cents per gallon . . .
. . . Webb, (maximum 2-year real estate license suspension under § 475.25(1), Fla.Stat. (1975)); Decola v. . . .
. . . probable cause to believe that a violation of the Florida Real Estate Practice Act occurred per Section 475.25 . . . at its meeting of June 19, 1990, the Commission finds the Respondent appellant guilty of violating § 475.25 . . .
. . . suspending for three years her license as a real estate broker for an alleged violation of section 475.25 . . .
. . . This complaint was amended to reflect a single claim of violation of section 475.25(l)(d) upon stipulation . . . The commission determined that Wallen had violated section 475.25(l)(d) in failing to timely institute . . .
. . . Hambley was charged in a multiple-count administrative complaint with violations of section 475.25(l) . . . Additionally, the complaint alleged violations of section 475.25(l)(b), i.e., culpable negligence and . . . because that penalty was not added to the Commission’s statutory authority until October 1, 1988. § 475.25 . . .
. . . judgment ... in any action wherein the cause of action was based on any violation proscribed in s. 475.25 . . .
. . . See § 475.25(1) & (2), Fla.Stat. (1987). . . .
. . . fraud, misrepresentation^ and culpable negligence in a business transaction, in violation of section 475.25 . . . The Commission stated that Thomas Pluto’s penalty was contrary to those authorized under section 475.25 . . . the increased penalty of Thomas Pluto by finding it contrary to the penalties authorized by section 475.25 . . . officer recommended a penalty of ninety days suspension and a reprimand, both authorized by section 475.25 . . .
. . . below, and that, accordingly, the appellant was subject to disciplinary action pursuant to Section 475.25 . . .
. . . . § 475.05, § 475.25(l)(d) and § 475.25(l)(k) (1988); Fla.Admin.Code Ann. 21V-14.011 (1988). . . .
. . . convincing evidence existed to revoke the real estate licenses of all the appellants, pursuant to section 475.25 . . .
. . . possession of a controlled substance does not establish moral turpitude within the purview of Section 475.25 . . .
. . . . § 475.25(l)(f), Fla.Stat. (1985). .§ 475.17(l)(a), Fla.Stat. (1985). . . .
. . . Section 475.25(l)(d)(l), Florida Statutes (1985). . . .
. . . Inc., licensed as a real estate broker and corporate broker, respectively, had violated Subsection 475.25 . . . business transaction and with having violated a duty imposed upon them by law as proscribed by Subsection 475.25 . . . Culpable negligence and breach of trust are not defined in Subsection 475.25(l)(b), nor by agency rule . . . conclusions of law, it is RECOMMENDED that respondents be found not guilty of violation Subsection 475.25 . . .
. . . The Commission predicated its reprimand on the finding that Hector had violated section 475.25(l)(p), . . .
. . . Further, Section 475.25(l)(h), Florida Statutes (1985), provides, in part: [HJowever, a licensed broker . . . Indeed, such appears to be clearly within the contemplation of Section 475.25(l)(h), supra. . . . That is, Eberhardt has not brought himself within the above quoted provisions of Section 475.25(l)(h) . . .
. . . That interpretation would render items 475.25 475.35, TSUS superfluous and result in a partial nullification . . .
. . . That interpretation would render items 475.25 475.35, TSUS superfluous and result in a partial nullification . . .
. . . against the Respondents, alleging all were guilty of fraud, misrepresentation, etc., contrary to Section 475.25 . . . Is the failure to report a rental to an owner a violation of Section 475.25(l)(b), Florida Statutes? . . . Is the failure to give a buyer a disclosure statement a violation of Section 475.25(l)(b), Florida Statutes . . . Section 475.25(l)(b) provides: (1) The commission may deny an application for licensure, registration . . . Neither Patricia Ann Clark or Caloosa were proven to violate Section 475.25(l)(b), Florida Statutes. . . .
. . . Complaint in this case alleging in four Counts that Respondent had, in several respects, violated Section 475.25 . . . or device, culpable negligence and breach of trust in a business transaction in violation of Section 475.25 . . . Section 475.25 permits the Commission to discipline a licensee’s license if it finds that the licensee . . . In Count III of the Administrative Complaint, the Respondents are alleged to have violated Section 475.25 . . . deposit in an escrow account until disbursement had been properly authorized in violation of Section 475.25 . . .
. . . Estate Commission which suspended his real estate license as a broker for one year, pursuant to section 475.25 . . . this case, the department filed an administrative ' complaint charging Morris with violating section 475.25 . . . concluded that Morris’ issuance of a check drawn on insufficient funds constituted a violation of section 475.25 . . . substance of the charges alleged against Morris, nor does the commission take this view of section 475.25 . . .
. . . recommended that LaRossa and DuPont be found guilty of violating subsections (b) and (k) of section 475.25 . . . his only interest is as a broker, but also for such conduct in his own personal business affairs. § 475.25 . . . of dishonest dealing with regard to his personal use of his nephew’s money in violation of section 475.25 . . . We reach a different conclusion, however, as to the alleged violation of subsection 475.25(l)(k). . . . Department of Professional Regulation, 441 So.2d 1121 (Fla. 3d DCA 1983) (subsection 475.25(l)(d), Florida . . .
. . . Hearings filed a recommended order urging that Lloyd’s salesman’s license be revoked for violating section 475.25 . . .
. . . Beach, California, and were classified by the Customs Service (Customs) as "motor fuels” under item 475.25 . . . For the purposes of this part— (b) "Motor Fuel” (item 475.25) is any product derived primarily from petroleum . . . Classified under: Schedule 4, Part 10: 475.25 Motor Fuel. 1.250 per gal. . . . Since item 475.25 is a chief use designation, and the chief use of the product in question concededly . . .
. . . Beach, California, and were classified by the Customs Service (Customs) as “motor fuels” under item 475.25 . . . For the purposes of this part—
(b) “Motor Fuel” (item 475.25) is any product derived primarily from petroleum . . . Classified under:
Schedule 4, Part 10:
475.25 Motor Fuel. 1.25
. . . Such authority, for example, has been granted to the Florida Real Estate Commission by Section 475.25 . . .
. . . In September, 1982 Chemical credited Exportos’s account in the sum of $150,-475.25, representing the . . .
. . . As pointed out by the majority, the Legislature amended the predecessor to section 475.25(1)(d) after . . . Senia or DPR an accounting or delivery of the commission due Senia violated the provisions of section 475.25 . . .
. . . Upon the holding that Section 475.25(l)(d), Florida Statutes (1981) does not, as the commission ruled . . . under these facts — that Fleischman was guilty of fraud, dishonest dealing or the like under Section 475.25 . . . and based its finding upon the conclusion only that his failure to return the $2,500 violated Sec. 475.25 . . . But this conclusion was based upon a violation of what is now Sec. 475.25(l)(b), which expressly proscribes . . .
. . . found the appellant was guilty of fraud, misrepresentation, concealment, etc., and violated Section 475.25 . . .
. . . Lara-san, Inc., was entitled to a referral fee or the sharing of a commission as authorized by Section 475.25 . . .
. . . occurred for Petitioner to overcome the statutory disqualification applicable to Petitioner pursuant to § 475.25 . . . Section 475.25, Florida Statutes (1981) provides the grounds upon which the Board may deny an application . . .
. . . Appellant was charged with violating section 475.42(l)(j), Florida Statutes (1979), and therefore section 475.25 . . .
. . . Cannon is entitled to damages in the amount of $23,-475.25, calculated as follows: Principal - 23 x 476.25 . . .
. . . Section 475.25(l)(h), Florida Statutes, expressly permits a licensed broker of this state to share a . . .
. . . the evidence was insufficient or that no intentional misrepresentation, as contemplated by Section 475.25 . . . The Department then asked that the Board find Bekiempis guilty of violating Section 475.25(l)(b), Florida . . .
. . . Appellants are subject only to the penalties provided in section 475.25(1), Florida Statutes (1981), . . .
. . . Twenty on the agenda was an allegation that appellants and one Richard Testut had violated section 475.25 . . .
. . . The Department filed a complaint on January 31, 1980, charging Lewis violated section 475.25(l)(a), Florida . . .
. . . possession of a controlled substance does not establish moral turpitude within the purview of Section 475.25 . . .
. . . 90 days on the asserted ground that the facts found by the officer established violations of Section 475.25 . . .
. . . been guilty of conduct that would have been grounds for revoking or suspending a license, and section 475.25 . . . On July 1, 1979, section 475.-25(l)(e), Florida Statutes was renumbered as section 475.25(l)(f), Florida . . .
. . . Pearl’s sole point on appeal is this: “475.25(l)(e), FLORIDA STATUTES, WHICH PERMITTED THE BOARD TO SUSPEND . . . I agree with the majority that Section 475.25(l)(e), Florida Statutes (1977), is not unconstitutionally . . . whether convictions for possession of controlled substances evidence moral turpitude under Section 475.25 . . . possession of a controlled substance does not establish moral turpitude within the purview of section 475.25 . . . Finding no denial of due process for vagueness or other constitutional impediment, we hold that Section 475.25 . . . us that mere possession of a controlled substance is not a crime within the contemplation of section 475.25 . . .
. . . in Century Village) in depositing these checks to his personal account were in violation of Section 475.25 . . . Section 475.25(l)(i), Florida Statutes (1977) provides that funds must be placed in escrow “until disbursement . . . This was simply not the type transaction that falls within the requirement of Section 475.25(l)(i), Florida . . .
. . . ), place a high standard on applicants for registration as real estate brokers or salesmen; Section 475.25 . . .
. . . suspending Appellant Byer’s real estate license for six months upon a finding that she violated Sections 475.25 . . . (l)(a) and 475.25(3), Florida Statutes (1975). . . .
. . . Commission, were: “Based on the foregoing findings of fact, it is concluded that Kopf violated Subsection 475.25 . . . question remains, as first stated, whether the same conduct may be considered a violation of Section 475.25 . . . We hold that the present conduct does not amount to a “course of conduct” as contemplated by Section 475.25 . . . reversed and the cause is remanded for the imposition of a suspension of license pursuant to Section 475.25 . . . Reversed and remanded. . § 475.25(3), Fla.Stat. (1977), provides: “The registration of a registrant may . . .
. . . Real Estate Commission order revoking his real estate broker’s license for: (a) Violation of section 475.25 . . . (b) Violation of section 475.25(l)(h), authorizing discipline of a broker who “[r]end-ered an opinion . . . inform the purchaser before any portion of the purchase price is paid”; and (d) Violation of section 475.25 . . . Having found that the Commission may properly revoke the license of a broker who violates Sections 475.25 . . . (l)(a) and (d), and Section 475.25(3), Florida Statutes (1977), and Fla.Admin. . . . Second, the commission argues that Section 475.25(l)(h), Florida Statutes (1977), provides that registration . . . device, culpable negligence and breach of trust in the business transaction in violation of Section 475.25 . . . substantial evidence that Sellars attempted to cheat, trick or defraud anyone in violation of Section 475.25 . . . Finally, under Count 28 of the administrative complaint, the commission, as provided for under Section 475.25 . . .