STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1035

)

FRANK DAVID CAMP, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearings was convened at the Martin County Courthouse, Stuart, Florida, October 12, 1976 to consider charges filed by the Florida Real Estate Commission against the Respondent.

APPEARANCES

For Petitioner: Fred Wilson, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Bruce A. Koebe, Esquire

2170 Northeast Dixie Highway Rick Carroll Building

Jensen Beach, Florida 33457

ISSUE

The Information filed by the Florida Real Estate Commission against the Respondent charged him with two separate counts of violations of Chapter 475,

1. The first count charged that he had sold real estate within the state of Florida and held himself out as being entitled to operate as a real estate broker or salesman. The count further charges that the Respondent did not reveal this to the Florida Real Estate Commission when he filed his application to be licensed within the state. Therefore, the Commission states Respondent obtained his registration as a salesman by means of fraud, misrepresentation or concealment in violation of Section.475.25(2), F.S. Count Two alleges that the Respondent answered in the negative to Question 14 of said application "Have you filed any application for registration as a broker or salesman in this state which was not granted?" In fact, Count Two alleges that the Respondent had filed an application previously to the one which was eventually granted and had therefore not truthfully answered the above question.

   
   

   FINDINGS OF FACT

   
   

   1. The evidence in this case failed to sustain either of these charges. As to the first count, the main witness called by the Florida Real Estate Commission, Annette Frances Brewer, could not identify the Respondent as being

an individual who showed her real property and attempted to sell her a condominium unit. As for Count Two, there was no showing that the Respondent's misstatement on said applications was intentional or done for purposes of deception.

RECOMMENDATION

It is, therefore, RECOMMENDED that the Florida Real Estate Commission take no action against the Respondent, Frank David Camp.

DONE and ENTERED this 26th day of October, 1976, in Tallahassee, Florida.

KENNETH G. OERTEL, Director

Division of Administrative Hearings Room 530 Carlton Building

Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Fred Wilson, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Bruce A. Koebe, Esquire 2170 N.E. Dixie Highway Rick Carroll Building

Jensen Beach, Florida 33457

================================================================= AGENCY FINAL ORDER

================================================================= FLORIDA REAL ESTATE COMMISSION

FLORIDA REAL ESTATE COMMISSION,

An Agency of the State of Florida,

Plaintiff,

vs. PROGRESS DOCKET NO. 2566

MARTIN COUNTY

FRANK DAVID CAMP, DOAH CASE NO. 76-1035

Defendant.

/

FINAL ORDER

At a regular meeting of the Florida Real Estate Commission held at its Executive Headquarters in Winter Park, Florida, on February 16, 1977,

PRESENT: John R. Wood, Chairman

Maggie S. Lassetter, Vice Chairman Levie D. Smith, Jr., Member

APPEARANCES: Frederick H. Wilsen, Esquire

Attorney for Plaintiff

Bruce A. Koebe, Esquire Attorney for Defendant

This matter care on to be heard for Final Order upon the Hearing Officer's Recommended Order, the plaintiff's and Defendant's Exceptions thereto, together with the record and oral argument of counsels for the Plaintiff and Defendant, respectively, and upon due consideration thereof, the Commission finds:

1.

According to the records of the Commission, the Defendant, Frank David Camp, is presently the holder of a registration certificate as an active salesman in the employ of Turtle Reef Associates Inc., 10500 A1A, Hutchinson Island, Jensen Beach, Florida 33457.

2.

That the Plaintiff's Exceptions to the Hearing Officer's Recommended Order are not well taken and should be rejected.

3.

The Defendant`s Exceptions to the Hearing Officer`s Recommended Order are not well taken and should be rejected.

4.

The Hearing Officer's Findings of Fact, Conclusions of Law and Recommended Order are supported by competent, substantial evidence in the record and should be adopted by the Commission.

IT IS THEREFORE ORDERED that:

1. The Plaintiff's Exceptions to the Hearing Officer's Recommended Order be, and the same are hereby, rejected.

   
   

2. The Defendant's Exceptions to the Hearing Officer's Recommended Order be, and the same are hereby, rejected.

   
   

3. The Hearing Officer's Findings of Fact, Conclusions of Law and Recommended Order be, and the same are hereby, adopted by the Commission.

IT IS FURTHER ORDERED that the Defendant, Frank David Camp, be, and he is hereby, found not guilty of the charge contained in the Administrative Complaint, and the same is hereby dismissed.

DONE and ORDERED at Winter Park, Florida, this 8th day of March, 1977.

JOHN R. HOOD

Chairman

MAGGIE S. LESSETTER

Vice Chairman

P. D. SMITH, JR. Member

I CERTIFY that I mailed a copy of the foregoing Final Order to Bruce A. Koebe, Esquire, Attorney for Defendant, Peer, Selmi & Koebe, P. A., 2170 Northeast Dixie Highway, Jensen Beach, Florida 33457 by United States Mail this 8th day of March, 1977.

Executive Director

Docket for Case No: 76-001035

Orders for Case No: 76-001035