Rowlett Real Estate School - Judicial Review (Appeal) - Florida Real Estate
The licensee-respondent may challenge the final order within 30 days by filing an appeal. The petition of judicial review (notice of appeal) must be filed with the DBPR and with the appropriate district court. The licensee may request a stay of enforcement. A stay of enforcement, if granted, stops the enforcement of the final order pending the outcome of the appeal process. To obtain a stay of the final order, the district court of appeals must issue a writ of supersedeas. The writ is an order issued by a court that supersedes the action of the Commission and allows the licensee to continue to practice until the case can be heard on appeal. If the reviewing court finds that a material error in procedure by the FREC has affected the fairness of the hearing or the correctness of the action taken, the case will be sent back to the FREC for corrective action. Unless the court finds legitimate grounds to set aside, modify, remand for further FREC proceeding, order additional action by the FREC, or order some auxiliary relief under Florida Statute 120.68, the court is required to affirm (support) the action taken by the Commission. If a FREC final order is affirmed, reversed, or set aside, a mandate (copy) is filed with the Commission attesting to that event. The respondent ’s rights and privileges as a licensee will be restored as of the date of filing if the final order is reversed. When the inquiry or proceeding is in reference to an application to become licensed, the application must be approved and processed. If a court reverses or sets aside a final order, the court may award attorney’s fees and costs to the aggrieved prevailing party.
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Rowlett Real Estate School is a family-owned and operated, FREC-approved, fully-accredited Florida real estate school based in the Panhandle of Florida. We specialize in educating and assisting students with all aspects of obtaining/maintaining their Florida real estate license. Providing excellent customer service is our top priority. Above all, we understand the importance of making ourselves available to our students. As a result, you may reach our instructors during regular business hours. Likewise, our knowledgeable staff is available after hours, weekends, and holidays.