DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Florida Real Estate CommissionThe Florida Real Estate Commission hereby gives notice that it has issued an Order on the Petition for Declaratory Statement that was filed on October 12, 2005, by Timothy A. Smith, Esquire on behalf of Southridge Partners I, a New York Limited Partnership. The Notice of Petition for Declaratory Statement was published in Vol. 31, No. 44, of the November 4, 2005, Florida Administrative Weekly. Petitioner sought the Commission’s determination on whether the services that the general partner provides in selling the limited partnership’s real property is a service: (1) of real estate that requires a real estate license under Section 475.01(1)(a), F.S., and (2) for which compensation based on percentage of the sales price of the real property will constitute a violation of real estate license law in the State of Florida. The Commission considered the Petition at its meeting held on November 15, 2005, in Orlando, Florida. The Commission’s Order, filed on February 3, 2006, dismissed the Petition for Declaratory Statement without any opinion being issued on any of the questions presented, finding that the Petition for Declaratory Statement does not describe Petitioner's circumstances in sufficient detail and does not specify the statute, rule or order that might apply to Petitioner's circumstances. The Petition does not comply with Section 120.565(1), Florida Statutes, and subsection 28-105.002(4), (5), Florida Administrative Code. A copy of the Commission’s Order may be obtained by contacting Lori Crawford, Deputy Clerk, Division of Real Estate, 400 West Robinson Street, Suite N801, Orlando, Florida 32801.
