Editor's note: New information has come to light regarding a story we published on December 20th, Non-disclosure Law Overturned in Florida. Realty Times editors would like to take this opportunity to correct the story with the following information and to apologize to the Realty Times readers and the Florida Real Estate Commission for errors made in the report.

The article reported that the Florida Real Estate Commission (FREC) had overturned legislation that had passed earlier in the year regarding the non-disclosure of agency to unrepresented consumers. The article also stated that the FREC "directed its real estate licensees to provide prospective buyers and sellers with disclosure of non-representation, overturning legislation which passed earlier this year." The report said that the FREC had, in effect, overturned a law and issued an opinion that was contrary to the legislative intent.

According to James R. Mitchell, assistant attorney general and counsel to the Florida Real Estate Commission, this was not correct. "What actually occurred was the FREC was requested to give its opinion on the new law via a procedure called a Petition for a Declaratory Statement. This is where an affected person or group can ask a state agency for its interpretation of a law. In this case, the Florida Association of Realtors (FAR) had asked the FREC to interpret a recently enacted amendment to the agency disclosure law," writes Mitchell. "Leading up to the request for the Declaratory Statement there had been various opinions offered as to meaning of the new law, including the opinion of the FAR, but the FREC had yet to speak to the issue. The Declaratory Statement process allowed the FREC to hear the arguments of the various groups, individuals and affected persons and then issue its interpretation in the form of a Declaratory Statement.

"Therefore, when the FREC issued the Declaratory Statement, it was simply stating what it felt the new law said and was in no way an overturning of the law. Only a court can overturn a law and the FREC is not a court. Obviously, there are those who disagree with the interpretation and may perceive it as an overturning of the law but that is not the effect of the FREC's action. If affected parties disagree with the FREC's opinion they have the right to appeal the Declaratory Statement to the District Court of Appeal.

The motion in question was made by Commissioner Dean (not Gene) Saunders, and according to Mitchell, it was not "quickly passed" as stated in the article, but was put to a vote after considerable discussion.