David Berner, on behalf of Southeast Land Consultants, Inc.; The Notice of Petition for Declaratory Statement was published in Vol. 42, No. 103, of the May 26, 2016 Florida Administrative Register. The Commission considered the Petition at a duly-...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

NOTICE IS HEREBY GIVEN that the Florida Real Estate Commission has declined to rule on the petition for declaratory statement filed by David Berner on behalf of Southeast Land Consultants, Inc. on May 16, 2016. The following is a summary of the agency’s declination of the petition:

The Notice of Petition for Declaratory Statement was published in Vol. 42, No. 103, of the May 26, 2016 Florida Administrative Register. The Commission considered the Petition at a duly-noticed public meeting on June 14, 2016. The Petition sought the Commission’s interpretation of Sections 475.41 and 475.42, F.S., and further sought an opinion on whether a commission can be paid to an unlicensed single member LLC. The Commission denies the petition because: the Commission finds that the Petitioner has not demonstrated that he has standing; Rule 28-105.001, F.A.C., provides that a declaratory statement is not the appropriate means for determining the conduct of another person; some commissions have already been paid, so conduct has already occurred; the Petitioner has no case or controversy in this matter; and litigation may be ongoing or imminent.

A copy of the Order Declining of the Petition for Declaratory Statement may be obtained by contacting: Lori Crawford, Executive Director, Division of Real Estate, 400 West Robinson Street, Suite N801, Orlando, Florida 32801.