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6th DCAJune 9, 2023Reversed and Remanded⭐ Notable

Luft v. Department of Business and Professional Regulation, Florida Real Estate Commission

Case No. 6D2023-0323

The Florida Real Estate Commission denied Luft's application for a new real estate license after being advised by its counsel that section 455.227(5) made her prior revocation permanent and that it should 'never reinstate a license that has been revoked, ever.' The Sixth DCA reversed, holding that the specific licensing statute, section 475.17(1)(a), governs and expressly authorizes the Commission to grant a license despite a prior revocation based on lapse of time, subsequent good conduct and reputation, or other sufficient reason, and remanded for a new hearing focused on Luft's current fitness. Judge Nardella dissented, arguing the final order cited a valid legal basis, was supported by competent substantial evidence, and any error was harmless.

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