FLORIDA REAL ESTATE COMMISSION, PETITIONER,
v.
CHARLES R. FROST AND MARJORIE V. FROST, RESPONDENTS
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The Florida Real Estate Commission sought review of a hearing officer's order dismissing an administrative complaint against real estate licensees. The appellate court denied the petition, holding that the hearing officer had the authority to dismiss the complaint for failure to comply with statutory notice requirements.
No, the Hearing Officer did not exceed his jurisdiction. Hearing officers have the authority to make preliminary rulings on motions to dismiss cases properly before them, including those based on statutory procedural defects.
[1] A Hearing Officer has the authority to make preliminary rulings on motions to dismiss administrative complaints properly before them.
[2] An administrative agency must provide a licensee with notice of facts or conduct warranting license action and an opportunity to show compliance with requirements before…
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Join FLexlaw to unlock all legal intelligence“The Commission had not complied with Section 120.60(5), Florida Statutes (1977)1 by first giving notice to the respondents and allowing them “to show that (they have) complied with all lawful requirements for the retention of the license.””
This quote explains the factual basis for the Hearing Officer's dismissal of the complaint.
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Join FLexlaw to unlock all legal intelligenceThe Florida Real Estate Commission filed an administrative complaint against Charles and Marjorie Frost, alleging fraudulent misconduct and seeking to…
The full statement of facts, procedural history, and disposition for this case are member content.
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DAUKSCH, Judge.
Petitioners seek our Writ of Certio-rari to review the order of a Hearing Officer which dismissed an administrative complaint filed against the respondents. The complaint alleged fraudulent misconduct against the respondents and sought the suspension or revocation of respondents’ real estate licenses. The Division of Administrative Hearings assigned its Hearing Officer to conduct the hearing to determine the facts and make a recommendation as to disposition.
When the matter came before the Hearing Officer the respondents’ motion to dismiss the complaint was heard and granted. The motion alleged and the Hearing Officer found the Commission had not complied with Section 120.60(5), Florida Statutes (1977)1 by first giving notice to the respondents and allowing them “to show that (they have) complied with all lawful requirements for the retention of the license.”
The Order of the Hearing Officer which we are to review dismisses the complaint without prejudice to refile after compliance with the cited statute. The petitioner urges the Hearing Officer exceeded his jurisdiction in entering that Order and says the only function of the Hearing Officer is to hear the facts and recommend disposition. We disagree with the petitioner and agree with the holding in Nelson v. State Board of Accountancy, Division of Professions, Department of Professional and Occupational Regulation, 355 So. 2d 216 (Fla. 1 DCA 1978) which says Hearing Officers have authority to make preliminary rulings on motions to dismiss cases properly before them.
CERTIORARI DENIED.
ANSTEAD and MOORE, JJ., concur. . Section 120.60(5), Florida Statutes (1977):
No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency has given reasonable notice by certified mail or actual service to the licensee of facts or conduct which warrant the intended action and the licensee has been given an opportunity to show that he has complied with all lawful requirements for the retention of the license.
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Citator
Cited By
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Solimena v. State, 402 So. 2d 1240 (Fla. 3d DCA 1981)…of compliance with section 120.60(5)9 may not be the subject of a claim of prejudice. Sheppard v. Board of Dentistry, 385 So. 2d 143 (Fla. 1st DCA), petition for review denied, 392 So. 2d 1379 (Fla.1980); see Florida Real Estate Commission v. Frost, 373 So. 2d 939 (Fla. 4th DCA 1979). Solimena moved to dismiss for noncompliance with section 120.60(5) during hearings which were held several months after the notices to show cause were issued. The notice requirement of section 120.60(5) serves to inform a licen…
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Dep't OF Prof'l Reg. v. John H. LeBARON, D.D.S., 443 So. 2d 225 (Fla. 1st DCA 1983)…-final orders of hearing officers but the precise issue of jurisdiction was not raised or discussed in the opinions. See e.g., Vey v. Bradford Union Guidance Clinic, Inc., 399 So. 2d 1137 (Fla. 1st DCA 1981); Florida Real Estate Commission v. Frost, 373 So. 2d 939 (Fla. 4th DCA 1979); General Development Corporation v. Florida Land and Water Adjudicatory Commission, 368 So. 2d 1323 (Fla. 1st DCA 1979); State ex rel. Sarasota County v. Boyer, 360 So. 2d 388 (Fla.1978); and Department of Environmental Regulatio…
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Chavers v. Fla. Real Est. Comm'n, 384 So. 2d 963 (Fla. 1st DCA 1980)…guard against the filing of illfounded complaints. In the instant case, unlike Sheppard, supra, the failure to comply with § 120.60(5) was promptly raised, and the complaint should have [*965] been dismissed. Florida Real Estate Commission v. Frost, 373 So. 2d 939 (Fla. 4th DCA 1979). Accordingly, the order sought to be reviewed is REVERSED. MILLS, C. J. and ERVIN, J;, concur. . As appearing in Florida Statutes (1978). Subsection now renumbered to 120.60(6). . Sheppard v. Board of Dentistry, 385 So. 2d 14…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nelson v. State Bd. of Accountancy, 355 So. 2d 216 (Fla. 1st DCA 1978)