Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-10-05
FLORIDA LICENSE
LAW IS AFFIRMED
Real Estate Act Attacked on
81 Ground It Violated
Constitution.

3y a decision of the, State Supreme
Court the constitutionality of the real
estate license law of the State of Flor
The act was attacked on the ground
that it was in violation of the provisions
of both the United States and the
Florida Constitutions. Thirty Of the
48 sections of the real estate act were
attacked as violating some specific pro-
vision of one or both constitutions.
Regarding 20 of the 80 sections at
unanimous. Regarding that section Of
the law which requires an applicant
for license as q real estate broker in
the State to be resident of Florida,
the opinion was divided, three to three.
In giving its decision the court made
the following statement,
Real estate is one of the two great
divisions of property rights and bears
as close relation to the public peace
species of private rights. The business
of acting as intermediary between seller
and purchaser in real estate tranSac-
tons, the business of a real estate
broker or salesman, is lawful busi-
ness but it is a business which
may be conducted in such a manner
as to result in degree of public
distress analogous to that produced by
mismanagement Of banking institu-
ton.
There is involved in the relation Of
real estate broker and client measure
of trust analogous to that of an at
torney at law to his client. or agent to
his principal and the occupation
of broker including real estate
broker or persons engaged therein. is
deemed a proper subject of regulation
under the police power"
Passed Senate Unanimously.
The court called attention to the
fact that the Florida real estate license
law had passed the House of Repre-
sentatives by a vote of II for its pas
sage to against it, and passed the
Senate by a unanimous vote of all
Senators present and voting, 81 in
number. 1T is quite remarkable that
a bill under consideration by the Legis-
lature, if indeed it is so meretricious
as claimed, should have run the CANT
let of legislative criticism and won a
place. upon the statute books with such
practical unanimity of Endorsement"
the court declared.
Justice Strum expressed the opinion
of the three judges who upheld the
constitutionality of that section OF the
license law requiring an applicant Tor
license as broker or salesman to be a
resident of Florida Their opinion
pointed out that, while any arbitrary
distinction between residents and nom
residents in requirement for license
would be unconstitutional, the existing
Florida requirement was not arbitrary
in that it was based on the advantage
to the general public of bringing the
transitory dealer under continued
amenability to the process OF the
Florida courts.
In commenting on the courts decis-
ion regarding the clause requiring
Florida residence for license Nathan
for the National Association of Real
Estate Boards, made the following
statement: I'm view of the even divi-
sion of the court, three to three. on
this question, and also In view Of the
fact that whether this particular pro-
vision was constitutional or unconst1-
tutional would not affect or change the
decision of the court in the case, 1t
cannot be said that the constitution
atty of this section has been settled.
The question of its constitutionality
probably will have to wait until it
comes before the court in a case whose
decision must hinge upon that particu-
lar point
Utah Amendments Passed.
The United States Supreme Court
has by two decisions upheld the constt-
tutionality of real estate license laws.
The lists of court decisions on real
estate license laws compiled by the
National Association of Real Estate
Boards show that constitutionality OF
such laws has been upheld by decisions
of the New York Court of Appeals and
the Supreme Courts of California. Wis
consin and Louisiana. The Florida
Supreme Court previously upheld the
constitutionality of the 1926 Florida
real estate license law.
Amendments to the Utah real estate
license law have just been passed.
Under this recently enacted legislation
license will be required of all persons
engaged in the real estate business as
q full or part time vocation. The
amendments eliminate the $1,000 bond
formerly required In Utah for license
as real estate salesman.