STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, FLORIDA REAL )

ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3205

)

JOHN A. NANGLE, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in West Palm Beach, Florida, on May 19, 1983, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties are represented by:

For Petitioner: Fred Langford, Esquire

Department of Professional Regulation Post Office Box 1900

Orlando, Florida 32802 For Respondent: No Appearance

This matter arose on Petitioner's Administrative Complaint charging Respondent with conducting a real estate closing without a broker's license, without an active real estate salesman's license and without the knowledge or supervision of a registered employer, in violation of Chapter 475, Florida Statutes (F.S.).

Petitioner submitted proposed finding of fact which have been incorporated herein to the extent they are relevant and consistent with the evidence.

FINDINGS OF FACT

1. The Respondent, John A. Nangle, is now and was at all times material to this matter, a licensed real estate salesman having been issued license number 0340127. He was employed in this capacity by Delray Realty, Inc. until January 4, 1982, when such employment terminated. Respondent did not thereafter become employed by another broker, but instead placed his license on inactive status.

   
   

2. After heaving Delray Realty, Inc., Respondent negotiated a sales contract for the sale of a condominium unit from Marion Mowday to Anthony J. and Donna C. Amato, which closed on January 13, 1982. Respondent received $1,500.00 in compensation directly from the purchasers for his efforts in arranging this transaction.

   CONCLUSIONS OF LAW

   
   

3. Subsection 475.42(1), F.S., provides in part:

   
   

   1. No person shall operate as a broker or salesman without being the holder of a valid and current license therefor.

   2. No person licensed as a salesman shall operate as a broker or operate as a salesman for any person not registered as his employer.

      (d) No salesman shall collect any money in connection with any real estate brokerage transaction, whether as a commission, deposit, payment, rental, or otherwise, except in the name of the employer and with the express consent of the employer; and no real estate salesman, whether the holder of a valid and current license or not, shall commence or maintain any action for a commission or compensation in connection with a real estate brokerage transaction against any person except a person registered as his employer at the time the cause of action is alleged to have arisen.

      
      

4. The above provisions prohibit a real estate salesman from operating without a registered employer or from collecting any payments from real estate transactions except on behalf of his employer. Here, Respondent negotiated a sale of real property and collected a commission on the sale without an active license and without an employing broker. He has therefore violated the above provisions.

   
   

5. Section 475.25, F.5., provides in part:

   
   

   1. The board may deny an application for licensure or renewal, may suspend a license for a period not exceeding 10 years, may revoke a license, may impose an administrative fine not to exceed $1,000 for each count or separate offense, or may issue a reprimand, if it finds that the licensee or applicant has:

      1. Violated any provision of s. 475.42 or of s. 455.227(1);

   
   

6. Respondent, having violated the provisions of Subsection 475.42(1), F.S., noted herein, is subject to the penalties set forth in Subsection 475.25(1), F.S., quoted above.

RECOMMENDATION

Based on the foregoing, it is RECOMMENDED:

That Petitioner enter a Final Order suspending Respondent's license for a period of three years.

DONE and ENTERED this 28th day of June, 1983, in Tallahassee, Florida.

R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of June, 1983.

COPIES FURNISHED:

Fred Langford, Esquire Department of Professional

Regulation

Post Office Box 1900 Orlando, Florida 32802

Mr. John A. Nangle

860 North West 8th Avenue Delray, Florida 33444

Harold Huff, Executive Director Division of Real Estate Department of Professional

Regulation

Post Office Box 1900 Orlando, Florida 32802

William M. Furlow, Esquire Department of Professional

Regulation

Post Office Box 1900 Orlando, Florida 32802

Fred M. Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-003205

Orders for Case No: 82-003205