Division of Administrative Hearings, Florida
Filed: Oct. 24, 2002
Respondents are charged with misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction in violation of Section 475.25(1)(b), Florida Statutes; failure to account or deliver funds in violation of Section 475.25(1)(d), Florida Statutes; and failure to maintain trust funds in the real estate brokerage escrow bank account or some other proper depository until disbursement is properly authorized, in violation of Section 475.25(1)(k), Florida Statutes, as more specifically set out in the following Conclusions of Law.Real estate broker guilty of depositing to wrong account and improperly holding/disbursing rent monies; not guilty of charges of trick, scheme, device, etc. Case of simple vs. culpable negligence. Analysis of credibilty factors lengthy.