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Lloyd v. Department of Professional Regulation

District Court of Appeal of Florida, Fourth District
May 8, 1985
473 So. 2d 720 (Fla. Dist. Ct. App. 1985)

Opinion

No. 83-2529.

May 8, 1985.

Appeal from the Real Estate Commission.

Donald S. Rose, Miami, for appellant.

John Huskins, Orlando, for appellee.


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 recommended order urging that Lloyd's salesman's license be revoked for violating section 475.25(1)(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.


Summaries of

Lloyd v. Department of Professional Regulation

District Court of Appeal of Florida, Fourth District
May 8, 1985
473 So. 2d 720 (Fla. Dist. Ct. App. 1985)
Case details for

Lloyd v. Department of Professional Regulation

Case Details

Full title:DONALD L. LLOYD, APPELLANT, v. DEPARTMENT OF PROFESSIONAL REGULATION…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 8, 1985

Citations

473 So. 2d 720 (Fla. Dist. Ct. App. 1985)

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