Florida Real Estate Continuing Education
Q: I need to write an appeal for an administrative decision (revoked Real
Estate license). I'm in Florida and doing this Pro-Se. What are the elements
when writing up a notice of Appeal? I take it would need a case number and
name and addresses. Anything else? From what I see I can send in a brief
within 10 day. In the brief is where I state my case. Right?
A:From your description, your real estate renewal falls within the ambit
of Florida Statute 455, and the Real Estate Board is an inferior agency
to the Florida Department of Business and Professional Regulation.
First, before reaching the procedure of your case, a relevant notice is
posted on the Board's Web Site: Renewals come due on 9/30/2006 but
since that is a Saturday, you have until 10/2/2006 to renew. Of
course, you will need to have all your continuing education
requirements fulfilled with notice from the institution to the Board
before that date. The Board requires all certified institututions to
notify it within 30 days of course completion.
Another relevancy before reaching procedure, your case is not listed on
the online case file of the Division of Administrative Hearings (DOAH
for short), where it should be recorded if indeed there was an
administrative adjudication, as you say.
In Florida, the law guiding administrative procedure is Florida Statute
120, the Administrative Procedure Act. Ordinarily, a formal hearing
would be held under F.S. 120.57 before DOAH. You are one party; the
other is, The Department of Business and Professional Regulation. The
result of such a hearing is an Order with your right to appeal clearly
set forth at the end.
However, such hearings in this state don't go by the board
mysteriously. They are noticed and the finest, administrative, due
process should be given the parties. The caveat of "should be" is
inserted because these days one never knows with DOAH. In the past,
however, before the Governor designated his own appointee over the
agency, it was the finest administrative tribunal in the country. And
it is especially pro se friendly.
Besides the F.S. 120.57 procedure, DOAH affords many other causes of
action, some of which can be joined with the formal administrative
hearing, such as a challenge to a rule or unexpressed practice under
F.S. 120.56. Others, like petitions for declaratory statements, akin
to judicial declaratory judgements, are separate actions.
The decision under a 120.57 formal hearing is a recommended order that
the agency can reverse, if it wishes, and that gives rise to your right
to appeal. However, a decision under F.S. 120.56 is a final,
administrative decision, irreversible in the administrative sector. It
can also be appealed to the judiciary.
Judicial appeals from DOAH decisions are no different than judicial
appeals from circuit court decision in that both rely on the record in
the lower tribunal. DOAH decisions are less likely to be reversed on
appeal