The 2023 Florida Statutes (including Special Session C)

Title XXXII
REGULATION OF PROFESSIONS AND OCCUPATIONS

Chapter 475
REAL ESTATE BROKERS, SALES ASSOCIATES, SCHOOLS, AND APPRAISERS

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F.S. 475.05

475.05 Power of commission to enact bylaws and rules and decide questions of practice.—The commission may enact bylaws for its own government and adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of law conferring powers or duties upon it. The commission may decide questions of practice arising in the proceedings before it, having regard to this chapter and the rules then in force. Printed copies of rules, or written copies under the seal of the commission, shall be prima facie evidence of their existence and substance, and the courts shall judicially notice such rules.

History.—s. 6, ch. 12223, 1927; CGL 4067; s. 2, ch. 59-199; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 7, 42, 43, ch. 79-239; ss. 2, 3, ch. 81-318; ss. 9, 38, ch. 82-1; ss. 28, 30, ch. 88-20; s. 4, ch. 91-429; s. 146, ch. 98-200; s. 4, ch. 2002-9.

F.S. 475.05 on Google Scholar

F.S. 475.05 on Casetext

Amendments to 475.05

Arrestable Offenses / Crimes under Fla. Stat. 475.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 475.05.

Annotations, Discussions, Cases:

Cases from cite.case.law:

In S. MULLIN, Jr. G. E. BERRY v. S. MULLIN, Jr., 91 B.R. 175 (Bankr. S.D. Fla. 1988)

. . . . § 475.05, § 475.25(l)(d) and § 475.25(l)(k) (1988); Fla.Admin.Code Ann. 21V-14.011 (1988). . . .

D. GRIFFIN, H. v. UNITED STATES, 588 F.2d 521 (5th Cir. 1979)

. . . IRS’ calculation of wagering taxes owed by Simpkins was based on its estimate that he had handled $475.05 . . .

HAWAIIAN INDEPENDENT REFINERY v. UNITED STATES, 460 F. Supp. 1249 (Cust. Ct. 1978)

. . . for the merchandise so used as fuel within the zone and classified the fuel under either TSUS, Item 475.05 . . .

v., 81 Cust. Ct. 117 (Cust. Ct. 1978)

. . . for the merchandise so used as fuel within the zone and classified the fuel under either TSUS, item 475.05 . . .

COMMONWEALTH OIL REFINING COMPANY, INC. v. UNITED STATES UNITED STATES v. COMMONWEALTH OIL REFINING COMPANY, INC., 480 F.2d 1352 (C.C.P.A. 1973)

. . . oils (including blended fuel oils) derived from petroleum, shale, or both, with or without additives. 475.05 . . . C., as modified by T.D. 53107, TSUS item 475.05 makes no mention of “fuel oil * * * (including fuel oil . . .

v. v., 60 C.C.P.A. 162 (C.C.P.A. 1973)

. . . oils (including blended fuel oils) derived from petroleum, shale, or both, with or without additives. 475.05 . . . Although as compared to § 3422 of I.E.C., as modified by T.D. 53107, TSLS item 475.05 makes no mention . . .

WALTMAN N. v. FLORIDA REAL ESTATE COMMISSION L., 254 So. 2d 32 (Fla. Dist. Ct. App. 1971)

. . . find that the Commission’s authority to make the rules in question finds an adequate basis in sect. 475.05 . . .

COMMONWEALTH OIL REFINING COMPANY, v. UNITED STATES, 330 F. Supp. 598 (Cust. Ct. 1971)

. . . Plaintiff further claims that the merchandise entered after August 31, 1963 is dutiable pursuant to item 475.05 . . .

v., 67 Cust. Ct. 37 (Cust. Ct. 1971)

. . . Plaintiff further claims that the merchandise entered after August 31,1963 is dutiable pursuant to item 475.05 . . .

IBERIAN TANKERS COMPANY, v. TERMINALES MARACAIBO, C. A., 322 F. Supp. 73 (S.D.N.Y. 1971)

. . . plaintiff in Venezuela, and further that the defendant post acceptable security in the sum of $107,-475.05 . . .

O. HARGIS, Jr. v. FLORIDA REAL ESTATE COMMISSION L., 153 So. 2d 836 (Fla. Dist. Ct. App. 1963)

. . . ordinary understanding may reasonably be enabled to present his defense thereto, if any, * * % y> Sec. 475.05 . . . , having regard to this chapter and the rules and regulations then in force. * * * ” Acting on Sec. 475.05 . . .

LEE v. DELMAR, 66 So. 2d 252 (Fla. 1953)

. . . salesmen concerning the ethical, legal and business principles which should govern their conduct. “475.05 . . .

SHOBE v. FLORIDA REAL ESTATE COMMISSION, 3 Fla. Supp. 65 (Orange Cty. Cir. Ct. 1953)

. . . In this case the commission points to sections 475.05, 475.04 and 475.01 (3) as sufficient authority . . . The rule-making authority contained in section 475.05 must be read together with the other provisions . . .