STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, FLORIDA REAL ESTATE ) COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 87-3668

)

RICHARD C. LIGHTNER, III, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on June 14, 1988 in Key West, Florida.

APPEARANCES

For Petitioner: James H. Gillis, Esquire

Department of Professional Regulation, Division of Real Estate

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32301

For Respondent: No Appearance

PRELIMINARY STATEMENT

By a one count Administrative Complaint filed May 27, 1987, Petitioner, Department of Professional Regulation, Division of Real Estate (Department) charges that Respondent, Richard C. Lightner: is guilty of having failed to pay an administrative fine in violation of Rule 21V-10.31, Florida Administrative Code and therefore is in violation of Subsection 475.25(1)(e), Florida Statutes.

At final hearing, the Department inter alia, a "Affidavit of Diligent Search" which indicates that a diligent search of the records of the Florida Real Estate Commission for records and documents showing that Respondent has not paid the $1,000.00 administrative fine as required by the Final Order entered by the Commission which was January 30, 1986 and DOAH Case No. 85-2227.

FINDINGS OF FACT

1. Respondent, Richard C. Lightner, was at all times material hereto a licensed real estate broker in the State of Florida having been issued license number 0408120.

2. The last license issued to Respondent was as a broker, with a home address of 1221 Duval Street, Key West, Florida 32040.

   
   

3. Respondent, or a representative on his behalf, did not appear at the hearing to refute or otherwise contest the allegations contained in the Administrative Complaint.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings

   
   

5. Respondent, a licensed real estate broker, is subject to the disciplinary guides of Chapter 475, Florida Statutes.

   
   

6. The Department has established by clear and convincing evidence that Respondent, by failing to pay an administrative fine and as required in an early final order, Respondent violated Subsection 475.25(1)(e), Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

The Department enter a Final Order revoking Respondent's Real Estate brokers license.

DONE and RECOMMENDED this 29th day of July, 1988, in Tallahassee, Florida.

JAMES E. BRADWELL

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 4th day of August, 1988.

COPIES FURNISHED:

James H. Gillis, Esquire Department of Professional Regulation, Division of Real Estate

400 West Robinson Street

P. O. Box 1900 Orlando, Florida 32802

Raymond O. Bodiford, Esquire

515 Whitehead Street Key West, Florida 33040

Darlene F. Keller, Executive Director Department of Professional Regulation Division of Real Estate

400 West Robinson Street

P. O. Box 1900 Orlando, Florida 32802

William O'Neil General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

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

=================================================================

FLORIDA STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION

REAL ESTATE COMMISSION

DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE

Petitioner

vs. Case No. 0154510

DOAH No. 87-3668

RICHARD C. LIGHTNER III

Respondent

/

FINAL ORDER

On September 20, 1988, the Florida Real Estate Commission heard this case to issue a Final Order. Hearing Officer James Bradwell of the Division of Administrative Hearings presided over a formal hearing on June 14, 1988. On July 29, 1988, he issued a Recommended Order, which is adopted by the Florida Real Estate Commission as to all Findings of Fact and Conclusions of Law. A copy of this Recommended Order is attached hereto as Exhibit A and made a part hereof.

However, upon a complete review of the record, the Florida Real Estate Commission finds that the Recommended Penalty should be rejected for the following reason: That the Recommended Penalty is too harsh in relation to the nature of the violation committed and in view of the extenuating circumstances

presented at this hearing by Petitioner's attorney to the effect that Respondent did make payment of the fine, but in an untimely fashion.

Therefore, for the reason cited above, Florida Real Estate Commission ORDERS that the Respondent be reprimanded for his failure to timely pay the administrative fine imposed upon him in DOAH Case No. 85-2227.

This Order shall be effective 30 days from date of filing with the Clerk of the Department of Professional Regulation. However, any party affected by this Order has the right to seek judicial review, pursuant to s.120.68, Florida Statutes, and Rule 9.110, Florida Rules of Appellate procedure.

Within 30 days of the filing date of this Order, review proceedings may be instituted by filing a Notice of Appeal with the Clerk of the Department of Professional Regulation at 400 West Robinson Street, Suite 309, Orlando, Florida 32801. At the same time, a copy of the Notice of Appeal, with applicable filing fees, must be filed with the appropriate District Court of Appeal.

DONE AND ORDERED this 20th day of September 1988 in Orlando, Florida.

Darlene F. Keller Director

Division of Real Estate

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing was sent by U.S. Mail to: Raymond O. Bodiford, Esquire, 515 Whitehead Street, Key West, Fl. 33040; to Richard Lightner III, 1221 Duval Street, Key West, Fl. 33040, to Hearing Officer James Bradwell, Division of Administrative Hearings, 2009 Apalachee Parkway, Tallahassee, Fl. 32399-1550; and to James Gillis, Esquire, DPR, P O Box 1900, Orlando, Fl. 32802, this day 1988.

Docket for Case No: 87-003668

Orders for Case No: 87-003668