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, ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Real Estate Commission

RULE NO.:RULE TITLE:

61J2-10.034Trade Names

The Florida Real Estate Commission hereby gives notice: 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.

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.