of the issuance of an Order regarding the Petition for Waiver or Variance, filed on October 25, 2018, by Albin J. Varoski III. The Notice of Petition for Waiver or Variance was published in Vol. 44, No. 213, of the October 31, 2018, Florida ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NO.:RULE TITLE:

61J2-3.009Continuing Education for Active and Inactive Broker and Sales Associate Licensees

The Florida Real Estate Commission hereby gives notice: of the issuance of an Order regarding the Petition for Waiver or Variance, filed on October 25, 2018, by Albin J. Varoski III. The Notice of Petition for Waiver or Variance was published in Vol. 44, No. 213, of the October 31, 2018, Florida Administrative Register. Petitioner sought a waiver or variance of subsection 61J2-3.009(3), Florida Administrative Code, entitled, “Continuing Education for Active and Inactive Broker and Sales Associate Licensees,” which states that a provider shall issue notice of satisfactory classroom course completion only to a licensee attending a minimum of 90% of each of the classroom hours. The Commission considered the instant Petition at a duly-noticed public meeting, held December 12, 2018, in Orlando, Florida.

The Commission’s Order, filed on January 22, 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 subsection 61J2-3.009(3), 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.

A copy of the Order or additional information may be obtained by contacting: Lori Crawford, Executive Director, Florida Real Estate Commission, 400 W. Robinson Street, #N801, Orlando, Florida 32801.