Luft v. Department of Business and Professional Regulation, Florida Real Estate Commission
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that section 455.227(5) made her prior revocation permanent and that it should 'never reinstate a license that has been revoked, ever.'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.
Key facts
- Luft applied for a new real estate license after her prior license had been revoked, and the Florida Real Estate Commission denied the application based on legal advice that section 455.227(5) made the revocation permanent and precluded reinstatement.
- The Commission's denial was based on an erroneous interpretation of the governing law, as the Commission's counsel advised that revoked licenses could 'never' be reinstated regardless of circumstances.
- +2 more key facts with a free trial
Why it matters
The opinion is a useful tool for practitioners before Florida professional licensing boards: it confirms that the specific reapplication standard in a profession-specific statute (here § 475.17(1)(a)) trumps the general… — full analysis with a trial
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