STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

An agency of the State of Florida, )

)

Petitioner, )

)

vs. ) CASE NO. 77-206

) P. D. No. 2957

ABBEY LANE, )

)

Respondent. )

)

RECOMMENDED ORDER

This hearing was held 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 Abbey Lane, which alleged that Lane violated Section 475.25(1)(a), Florida Statutes, by knowingly making false representations to individuals to induce them to subscribe to services of the International Land Services Chartered, Inc. and thereby Lane had engaged in a course of conduct which shows that he cannot be entrusted with the money or things of others in violation of Section 475.25(2), Florida Statutes.

The Florida Real Estate Commission presented evidence that Lane was employed by International Land Services Chartered, Inc., and that he received income in the form of commissions from International Land Sales Chartered, Inc. Lane testified that he worked on Saturdays and Sundays for International Land Services Chartered, Inc., and was paid $25 per day, plus $20 to $30 when a prospect he had contacted subscribed to the services of the company. He described his duties with International Land Services Chartered, Inc.

APPEARANCES

For Petitioner: Manuel E. Oliver, Esquire

Charles Felix, Esquire 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Abbey Lane

(Representing himself) 3800 South Ocean Drive Apartment 1004

Hollywood, Florida 33019

ISSUE

Whether Abbey Lane is guilty of violating the provisions of Section 475.25(1)(a) and (2), Florida Statutes.

FINDINGS OF FACT

1. Abbey Lane is a registered real estate salesman.

   
   

2. Abbey Lane worked for International Land Services Chartered, Inc., from January to March, 1976. He earned $25 per day while working Saturdays and Sundays and earned $20 to $30 when a person who he had contacted subscribed to services of International Land Services Chartered, Inc.

   
   

3. Lane described his duties as a "fronter", or a person whose job it was to establish initial contact with a prospect. His job was not to sell the services of International Land Services Chartered, Inc., but to determine whether the individual who he contacted was interested in those services. He gave the names of those from whom he received a positive response to Sam Lerner, a manager in the office during the weekends. These prospects were then contacted by individuals working during the week called "closers".

   
   

4. Lane left International Land Services Chartered, Inc. when he read about the problems with advance fees in the newspapers.

   
   

   CONCLUSIONS OF LAW

   
   

5. Abbey Lane is charged with violation of Section 475.25 (1)(a), and (2), Florida Statutes, in that he made false representations to individuals to induce them to use the services of International Land Services Chartered, Inc. There is no evidence contained in the record presented by the Florida Real Estate Commission or in the testimony of Lane himself indicating any representations which he made to individuals which were false.

   
   

6. The Florida Real Estate Commission has the burden to go forward and prove the allegations contained in the Administrative Complaint. In the absence of substantial and competent evidence proving the allegations, the allegations 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 actions against the registration of Abbey Lane 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

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

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

Winter Park, Florida 32789

Abbey Lane

3800 S. Ocean Drive, Apt. 1004

Hollywood, Florida 33019

Docket for Case No: 77-000206

Orders for Case No: 77-000206