Kirsten Smith-Pope; The Notice of Petition for Declaratory Statement was published in Vol. 41, No. 109, of the June 5, 2015, Florida Administrative Register. The Commission considered the Petition at a duly-noticed public meeting held on September ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

NOTICE IS HEREBY GIVEN that the Florida Real Estate Commission has issued an order disposing of the petition for declaratory statement filed by Kirsten Smith-Pope on May 22, 2015. The following is a summary of the agency’s disposition of the petition:

The Notice of Petition for Declaratory Statement was published in Vol. 41, No. 109, of the June 5, 2015, Florida Administrative Register. The Commission considered the Petition at a duly-noticed public meeting held on September 15, 2015 and October 20, 2015. The Petitioner sought the Commission’s opinion that she is required to have a Florida license to sell franchises or business opportunities for compensation or commissions. The Commission denies the petition because the Commission should decline to issue a declaratory statement where the petition calls for a response that is general and consistent as to meet the definition of a “rule.”

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Juana Watkins, Division Director, Division of Real Estate, 400 West Robinson Street, Hurston Building, North Tower, Suite N801, Orlando, Florida 32801.