STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-204

) P.D. No. 2955

STANLEY FRIED, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice, in Room 208, Federal Building, Miami, Florida, on January 24 and 25, 1978, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This case was presented on an Administrative Complaint filed by the Florida Real Estate Commission against Stanley Fried, which alleges that Fried had violated Section 475.25(1)(a), Florida Statutes, by knowingly making false representations to persons to induce them to subscribe to the services of International Land Services Chartered, Inc., and thereby having engaged in a course of conduct which demonstrates that Fried is unable to be entrusted with the money or thing of another in violation of Section 475.25(2), Florida Statutes.

The Florida Real Estate Commission introduced evidence that Stanley Fried is a registered real estate salesman and was employed by International Land Services Chartered, Inc. The Florida Real Estate Commission also demonstrated that Stanley Fried was paid by International Land Sales Chartered, Inc. No other evidence was introduced in support of the allegations against Fried.

APPEARANCES

For Petitioner: Manuel Oliver, Esquire

Charles Felix, Esquire

Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

For Respondent: Ronald L. Fried, Esquire

2699 South Bayshore Drive, Suite 400C Miami, Florida 33133

ISSUES

Whether Stanley Fried is guilty of violation of Section 475.25(1)(a) and (2), Florida Statutes.

FINDINGS OF FACT

1. Stanley Fried is a registered real estate salesman.

   
   

2. Stanley Fried was employed by International Land Services Chartered, Inc. He was paid by International Land Sales Chartered, Inc.

   
   

   CONCLUSIONS OF LAW

   
   

3. Stanley Fried is charged with violation of Section 475.25(1)(a) and (2), Florida Statutes. The Florida Real Estate Commission has the burden to go forward and prove by substantial and competent evidence the allegations against Fried. No evidence was presented to show that Fried made any representations, false or otherwise. The allegation concerning violation of Section 475.25(1)(a) are not proven and therefore the allegations regarding Section 475.25(2), Florida Statutes, are not proven.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission take no action against the registration of Stanley Fried as a registered real estate salesman.

DONE and ORDERED this 7th day of April, 1978, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Manuel E. Oliver, Esquire and Charles Felix, Esquire

Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

Ronald L. Fried, Esquire 2699 South Bayshore Drive Suite 400C

Miami, Florida 33133

Docket for Case No: 77-000204

Orders for Case No: 77-000204