Smith v. Florida Department of Business & Professional Regulation

Charles Séymour Smith asks us to overturn the order the Florida Real Estate Commission (Commission) entered suspending his real estafé broker’s license for five years. In proceedings under Section 120.57(2),■ Florida Statutes* (2013), the Commission concluded' that he violated section 475.25(l)(u), Florida Statutes (2013), and decided a five-year suspension *768was the appropriate penalty. We do not question the Commission’s determination-based on the undisputed allegations of the administrative complaint — that the violation occurred. But the Commission improperly considered additional “facts,”…