Published on: 21670302. of the issuance of an Order regarding the Petition for Waiver or Variance, filed on January 16, 2019, by Matthew Christian d/b/a Home Town Realty. The Notice of Petition for Waiver or Variance was published in Vol. 45, No. 15, of the January 23, 2019, Florida Administrative Register. Petitioner sought a waiver or variance of Rule 61J2-10.034, Florida Administrative Code, entitled, “Trade Names,” which states in part that an individual broker, partnership or corporation may use a trade name and, if so, it must be disclosed upon the request for license, and be placed upon the registration or license. The trade name shall not be, and the Commission will refuse to issue a license containing a trade name which is the same as the real or trade name of another registrant or licensee registered or licensed with the Commission.
The Commission considered the instant Petition at a duly-noticed public meeting, held February 13, 2019, in Orlando, Florida. The Commission’s Order, filed on February 28, 2019, denied the petition finding that Petitioner had failed to establish that the purpose of the underlying statute would be met by granting a variance from Rule 61J2-10.034, F.A.C. The Board further found that Petitioner failed to establish that applying the requirements of the aforementioned rule to his circumstances would violate principles of fairness and impose substantial hardship.
Published on: 21431391. variance or waiver filed by Matthew Christian Real Estate LLC, d/b/a Home Town Realty, seeking a variance or waiver of Rule 61J2-10.034, Florida Administrative Code, which states in part that an individual broker, partnership or corporation may use a trade name and, if so, it must be disclosed upon the request for license, and be placed upon the registration or license. The trade name shall not be, and the Commission will refuse to issue a license containing a trade name which is the same as the real or trade name of another registrant or licensee registered or licensed with the Commission.
Published on: 3513454. The Florida Real Estate Commission hereby gives notice that it has issued an Order on the Petition for Variance of Waiver filed on October 6, 2006, by Allen R. Grossman, Esq., on behalf of Trammell Crow Specialty Realty, Inc. Petitioner’s Petition for Variance of Waiver was published in Volume 32, Number 45, of the Florida Administrative Weekly. Petitioner sought a variance or waiver of Rule 61J2-10.034, F.A.C., with respect to the use of Trade names. The Commission considered the Petition at its meeting held on November 148, 2006, in Orlando, Florida. The Commission’s Order, filed on December 21, 2006, granted Petitioner’s Petition for Variance or Waiver concluding:
1. Section 120.542(2), Florida Statutes, required FREC to grant such a variance or waiver when the applicant subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means and when application of the rule would create either a substantial hardship or would violated principles of fairness.
2. Petitioner has demonstrated that it meets the purpose of the statute underlying the rule in question. The Commission accepted Petitioner’s claims relating to fairness and lack of confusion by the public over the use of the trade name.
Published on: 3118664. a waiver or variance of Rule 61J2-10.034, F. A. C. with respect to the use of Trade names, filed by Allen R. Grossman, Esq, on behalf of Trammell Crow Specialty Realty, Inc.