Carlton v. State, Division of Occupations, Department of Professional & Occupational Regulation, Florida Real Estate Commission

ON PETITION FOR REHEARING

ERVIN, Judge.

We have reconsidered our per cu-riam opinion filed November 23, 1977, in light of the authorities cited in the petition for rehearing, and conclude that the petition should be granted. We now determine that Section 120.68(12); Florida Statutes (Supp.1976), prohibits judicial review of a penalty imposed by an agency unless abuse of discretion clearly appears from the record. It is impossible to state with precision a general rule locating the outer perimeters of appropriate agency discretion. This may only be done on a case-by-case basis. We previously…