STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION ) ex rel. HAROLD T. MOONEY, )

)

Petitioner, )

)

vs. ) CASE NO. 76-821

) P.D. 2657

JOHN R. POOLE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled cause on July 9, 1976, at Winter Park, Florida.

APPEARANCES

For Petitioner: Manuel E. Oliver, Esquire,

Staff Attorney,

Florida Real Estate Commission, 644 Lee Road

Winter Park, Florida John R. Poole was not present.

By Amended Administrative Complaint filed June 25, 1975 Florida Real Estate Commission ex rel. Harold T. Mooney seeks to revoke or suspend, or otherwise discipline the license of John R. Poole, Respondent. As grounds therefor the complaint alleges that Respondent, from April 29, 1974 through October 25, 1974, was employed as a real estate appraiser by Florida Savings and Loan Services, Inc., a non-registrant, and performed appraisal services without holding a license as a real estate salesman or broker in violation of 475.42(1)(a). Two witnesses were called by the Commission, and five exhibits were admitted into evidence. Respondent acknowledged receipt of the Amended Complaint on August 14, 1975, and the Notice of Hearing was sent to him by certified mail on May 25, 1976.

FINDINGS OF FACT

1. Respondent filed application for registration as a real estate salesman on June 24, 1974 and was issued a license pursuant to this application on October 25, 1974. At the time of the filing of the application and subsequent thereto, Respondent was employed by Florida Savings and Loan Services, Inc. and its predecessor company, Florida Informanagement Services, Inc. in the capacity of a real estate appraiser and head of the appraisal department for said company.

2. On July 26, 1975 Respondent performed appraisal services on behalf of Central Development, Inc. to ascertain the fair market rental appraisal of 5 Pizza Huts. For this service his company, then Florida Informanagement Services, Inc. billed Central Development, Inc. $3,000.

   
   

3. Respondent performed other appraisals during the period in question which were not specifically delineated at the hearing.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 475.01(2) F.S. defines real estate salesmen or real estate broker to include:

   
   

   "Every person who shall, in this state, for another, and for a compensation or valuable consideration, directly or indirectly paid or promised . . . appraise . . . any real property "

   
   

   Section 475.18 F.S. establishes procedures for application for registration and provides in pertinent part:

   
   

   * * *

   (1)

   No application shall be granted if the applicant has acted, or attempted to act, or has held himself out as entitled to act, as a real estate broker or salesman in

   violation of this chapter, during the period of one year next prior to the filing of said application."

   * * *

   "(2) The foregoing subsection (1) shall be deemed to bar any person from registration who has done any of the acts or performed any of the services described in 475.01 as

   constituting the person a real estate broker, or salesman, during the said period of one

   year next prior to the filing of the application, or during the pendency of said application,

   and until a valid current registration certificate has been duly issued too him, whether the same was done for compensation or valuable considerations, or not."

   Finally subsection 475.42(1)(a) provides under VIOLATIONS: "No person shall operate as a real estate

   broker or salesman without being the holder

   of a valid current registration certificate."

   
   

   In stating grounds for revocation or suspension of certificates or registration

   475.25 provides in pertinent part:

   
   

   (2) * * * and a registration or a certificate may be revoked or cancelled, without prejudice to filing a proper application, or request for a

   certificate, if the same shall have been granted or issued through the mistake or inadvertence

   of the Commission."

   
   

5. From the above quoted provisions of the statute it is clear that the registration of Respondent would not have been granted had the Commission been aware that Respondent violated the above quoted provisions of the Real Estate License Law by appraising real property for consideration after submitting his application for registration. Under these circumstances Respondent's registration must be found to have been issued through the mistake or inadvertence of the Commission and is therefore subject to revocation.

   
   

6. From the foregoing it is clear that Respondent acted as a real estate broker or salesman by appraising real property for a consideration subsequent to and while his application for registration was pending and that this constitutes grounds for revocation of his registration. It is, therefore,

RECOMMENDED that John R. Poole's registration as a real estate salesman be revoked without prejudice to his re-applying for registration upon such terms and conditions as the Commission may deem appropriate and just.

DONE and ENTERED this 28th day of July, 1976, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304

COPIES FURNISHED:

Manuel E. Oliver, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

John R. Poole

1304 Rustlewood Drive

Brandon, Florida 33511

John R. Poole

4130 Summit Drive, Northeast Marietta, Georgia 30060

Docket for Case No: 76-000821

Orders for Case No: 76-000821