STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

ex rel. Jack King, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1211

) PROGRESS DOCKET NO. 2801 FRITZ GIBSON, JR. and ATLANTIC )

EQUITIES, INC. )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, opened the proceedings in the above styled case on September 2, 1976 at Miami, Florida.

APPEARANCES

For Petitioner: Richard J. R. Parkinson, III Esquire and Louis B. Guttmann III, Esquire,

Staff Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida

For Respondent: Howard Frieden, Esquire

2000 South Dixie Highway Miami, Florida

By Administrative Complaint filed February 24, 1976, Florida Real Estate Commission, (FREC) ex rel. Jack King seeks to revoke, suspend, or otherwise discipline the licenses of Fritz Gibson, Jr. and Atlantic Equities, Inc. As grounds therefor it is alleged that Fritz Gibson as President and Active Firm Member of Atlantic Equities, Inc. solicited the payment of fees for listing properties for sale by representing and holding out to the property owners that a bona fide effort to sell the property so listed would be made when such representation was false and known to be false by defendant when made. This is alleged to violate s. 475.25(1)(a) F.S. A second count of the Administrative Complaint alleges that by reason of such false representation and holding out Defendants are guilty of a course of conduct which demonstrates that they are so dishonest and untruthful that money, property, transactions and rights of investors cannot safely be entrusted to them and the licenses therefore are subject to revocation pursuant to s. 475.25(3), F.S.

At the commencement of the hearing and before any evidence was presented Defendant Fritz Gibson, Jr. announced that he desired to surrender his registration to the attorney representing the Florida Real Estate Commission in this proceeding. The effects of such voluntary surrender of the registration

were explained to Defendant and he acknowledged that he fully understood such surrender of the registration deprived him of all rights to perform any function for which registration is required; and, that, in the event he reapplies for registration at some future date, the charges in the Administrative Complaint filed herein will be considered by the Florida Real Estate Commission in ruling on his application for reinstatement of registration.

CONCLUSIONS OF LAW

The voluntary surrender of the registration of Defendants to the Florida Real Estate Commission removes the jurisdiction of the FREC to take action against said licenses in this proceeding. It is therefore,

RECOMMENDED that the complaint be dismissed.

DONE and ENTERED this 23rd day of September, 1976 in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Richard J. R. Parksinson III, Esquire Louis B. Guttmann III, Esquire

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

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

JACK KING,

Petitioner,

vs. PROGRESS DOCKET NO. 2801

DOAH CASE NO. 76-1211

FRITZ GIBSON, JR. and ATLANTIC EQUITIES, INC.,

Respondent.

/

FINAL ORDER

At a regular meeting of the Florida Real Estate Commission held at its Executive Headquarters in Winter Park, Florida, on October 28, 1976,

Present: John R. Wood, Chairman

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

Appearances: Richard J. R. Parkinson

Louis B. Guttmann, III Attorneys for Plaintiff

No appearance for Defendants.

This matter came on for Final Order upon the Hearing Officer's Recommended Order, no exceptions having been filed by the Plaintiff or the Defendants, and upon consideration thereof, together with the record and oral argument of counsel for the Plaintiff, the Commission being fully advised in the premises finds:

1.

According to the records of the Commission, Defendant Fritz Gibson, Jr., was registered with the Commission as a real estate broker at 3910 Loguat Avenue, Coconut Grove, Miami, Florida 33133 and Atlantic Equities was registered with the Commission as a broker corporation, 1175 Northeast 125th Street, Suite 103, North Miami, Florida 33161.

2.

That an Administrative Complaint was filed on February 24, 1976.

3.

That at the commencement of the evidentiary hearing held in this cause, and before any evidence was presented, Defendant Fritz Gibson, Jr. voluntarily surrendered his registration certificate as a real estate broker due to the gravity of the allegations contained in the Administrative Complaint filed herein, and requested that his registration be terminated and cancelled as of September 2, 1976.

4.

That pursuant to the request of Defendant Fritz Gibson, Jr., his registration has been cancelled.

5.

That the broker certificate of Atlantic Equities, Inc., was surrendered to the Commission on February 25, 1976 and the registration of said corporation was cancelled and effective on February 25, 1976.

6.

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

IT IS THEREUPON ORDERED that the Hearing Officer's Conclusions of Law and Recommended Order be, and the same are hereby, adopted as the Order of the Commission.

IT IS FURTHER ORDERED that the Administrative Complaint filed herein be, and the same is hereby, withdrawn. However, the facts contained therein are to be reconsidered should either Defendant ever reapply for registration with the Florida Real Estate Commission.

IT IS FURTHER ORDERED that a copy of this Order be forwarded to the Registration Section of the Florida Real Estate Commission and a notation placed in the Registration Section files to the effect that if Fritz Gibson, Jr. or Atlantic Equities, Inc. should reapply for registration, the matter should be referred to the Investigation and Legal Sections before any action on such application is taken by the Commission.

DONE and ORDERED at Winter Park, Florida, this 1st day of December, 1976.

JOHN R. WOOD

Chairman

MAGGIE S. LASSETTER

Vice-Chairman

P. D. SMITH, JR Member

I CERTIFY that I mailed a copy of the foregoing Order to Howard Freidin, Esquire, Attorney for Defendants, Suite 305, 201 Sevilla Avenue, Coral Gables, Florida 33134 by United States registered mail this 1st day of December 1976.

Executive Director

Docket for Case No: 76-001211

Orders for Case No: 76-001211