GARY EUGENE HAAS, APPELLANT,
v.
DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, ETC., APPELLEE
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Florida appellate court affirmed a real estate license suspension and fine but reversed the indefinite suspension condition, holding that license suspensions cannot exceed the statutory maximum of ten years regardless of unpaid fines.
A licensing authority cannot impose an indefinite license suspension conditioned on payment of fines and costs, as this exceeds the statutory maximum suspension period of ten years.
[1] A licensing authority may not impose a license suspension conditioned upon payment of fines and costs that would extend the suspension beyond the statutory maximum period…
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Join FLexlaw to unlock all legal intelligence“the purpose of license suspension and the imposition of a fine and costs is to protect the public...and is not solely for the collection of the fine and costs”
Court explaining that disciplinary suspensions serve public protection purposes, not as a mechanism for enforcing payment of monetary sanctions.
Gary Eugene Haas, a real estate licensee, was disciplined by the Florida Real Estate Commission with a two-year suspension, $1,000 fine, and $136.50 i…
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THOMPSON, Judge.
Gary Eugene Haas appeals a disciplinary order of the Florida Real Estate Commission which suspended his real estate license for two years, imposed a $1,000 fine and required payment of $136.50 in costs. The order further provided that Haas’ license “shall be suspended until such time as the' fine and costs are paid in full.” We affirm the order except for the indefinite suspension.
Section 475.25(1), Florida Statutes, provides that the commission may suspend a license up to a maximum of ten years. Here, the suspension may last longer than ten years if Haas is unable to pay the fine.and costs. The commission went beyond its statutory authority in imposing the indefinite suspension.' Moreover, the purpose of license suspension and the imposition of a fine and costs is to protect the public, see, e.g., Borrego v. Agency for Health Care Admin., 675 So. 2d 666 (Fla. 1st DCA 1996), and is not solely for the collection of the fine and posts. By suspending Haas’ license up to ten years, the commission can reissue Haas’ license at any time upon certification that Haas has complied with the terms and conditions of the disciplinary order. § 475.25(3), Fla. Stat. We affirm the disciplinary action, but we remand for imposition of a suspension up to ten years in duration.
AFFIRMED IN PART; REMANDED for consideration consistent with this opinion.
GRIFFIN, C.J. and ANTOON, J., concur.
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Locklear v. Fla. Fish & Wildlife Conservation Comm'n, 886 So. 2d 326 (Fla. 5th DCA 2004)…criminal. Generally the revocation of a license is deemed free of punitive criminal intent, the purpose instead being the protection of the public welfare. See Bowling, 712 So. 2d at 800;. Haas v. Department of Business and Professional Regulation, 699 So. 2d 863 (Fla. 5th DCA 1997); Borrego v. Agency for Health Care Admin., 675 So. 2d 666 (Fla. 1st DCA 1996). The obvious [*329] purpose of the license suspension here is to protect our state waters from illegal fishing activities. Likewise, the payment of a m…
Authorities Cited
- Orestes Borrego, M.D. v. Agency for Health Care Admin., 675 So. 2d 666 (Fla. 1st DCA 1996)