STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, DIVISION )

OF REAL ESTATE, )

)

Petitioner, )

)

vs. ) CASE NO. 89-6293

)

DOROTHEA L. PRISAMENT and ) WARRICKS REAL ESTATE, INC., )

)

Respondents. )

)

RECOMMENDED ORDER

On July 2, 1990, a formal administrative hearing was held in this case in Tampa, Florida, before J. Lawrence Johnston, Hearing Officer, Division of Administrative Hearings.

APPEARANCES

For Petitioner: Janine A. Bamping, Esquire

Department of Professional Regulation, Division of Real Estate Post Office Box 1900

400 West Robinson Street Orlando, Florida 32801

For Respondent: Salvatore A. Carpino, Esquire

One Urban Centre, Suite 750 4830 West Kennedy Boulevard Tampa, Florida 33609

STATEMENT OF THE ISSUES

The issues in this case are whether the respondents, Dorothea L. Prisament and Warricks Real Estate , Inc., should be disciplined on charges filed in a six-count Administrative Complaint, three counts for each respondent, and alleging that the respondents: (1) were culpably negligent in allowing their escrow account to have a negative balance, in violation of Section 475.25(1)(b), Florida Statutes (1989); (2) failed to maintain trust funds in a properly maintained escrow account, in violation of Section 475.25(1)(k), Florida Statutes (1989); and (3) failed to maintain a proper office sign, in violation of F.A.C. Rule 21V-10.024 and Sections 475.25(1)(e) and 475.22, Florida Statutes (1989).

PRELIMINARY STATEMENT

After the conclusion of the hearing in this case, the parties submitted a Joint Proposed Recommended Order, including Proposed Findings of Fact, Proposed Conclusions of Law, and Recommended Penalty. In effect, the parties settled the case based on the evidence presented at the hearing. This Recommended Order adopts and incorporates the Joint Proposed Recommended Order and recommends, based on the evidence, that the Real Estate Commission approve the parties' settlement.

FINDINGS OF FACT

1. Dorothea L. Prisament and Warricks Real Estate, Inc., are now, and were at all times material hereto, licensed as real estate brokers in the State of Florida.

   
   

2. Dorothea L. Prisament was the active real estate broker for the corporate broker, Warricks Real Estate.

   
   

3. On or about August 16, 1989, investigator Marjorie G. May conducted an office inspection and audit of the escrow accounts of the respondents. Ms. May also reviewed the outer office of the respondents. The entrance sign did not have the name of Dorothea L. Prisament on it; however, the sign did have Warricks Real Estate correctly identified and identified as a licensed real estate broker.

   
   

4. Ms. May advised Ms. Prisament of the fact that Ms. Prisament's name needed to be on the sign and identified as a real estate broker. Ms. Prisament had a new sign made which fully complies with the statutes and rules.

   
   

5. There was no evidence introduced at hearing to show that the escrow account of the respondents had a shortage in any amount; directly to the contrary, both the Department of Professional Regulation investigator and Ms. Prisament agreed that there was no shortage in the account.

   
   

   CONCLUSIONS OF LAW

   
   

6. There was no evidence to show that the respondents were guilty of culpable negligence or of failing to maintain trust funds in the real estate brokerage account.

   
   

7. There was unrebutted testimony that the entrance sign did not have Ms. Prisament's name on it. However, immediately upon being advised that the name needed to be included, the unrebutted evidence by both the Department of Professional Regulation investigator and Ms. Prisament is that the sign was immediately corrected. The deficiency is at most a technical violation.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, and in light of the fact both that the respondents' violation was a very minor and technical one which was immediately corrected and that the respondents had to undergo the costs of defense of this case and suffer the mental duress of defending this case, it is recommended that the Florida Real Estate Commission enter a final order dismissing Counts I through IV of the Administrative Complaint and reprimanding the respondents for a minor and technical violation under Counts V and VI.

RECOMMENDED this 20th day of July, 1990, in Tallahassee, Florida.

J. LAWRENCE JOHNSTON Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 20th day of July, 1990.

COPIES FURNISHED:

Janine A. Bamping, Esquire Department of Professional

Regulation, Division of Real Estate

Post Office Box 1900

400 West Robinson Street Orlando, Florida 32801

Salvatore A. Carpino, Esquire One Urban Centre, Suite 750 4830 West Kennedy Boulevard Tampa, Florida 33609

Darlene F. Keller Director, Division of

Real Estate

400 West Robinson street Post Office Box 1900 Orlando, Florida 32801

Kenneth E. Easley, Esquire General Counsel

Department of Professional Regulation

Northwood Centre

1940 North Monroe Street Suite 60

Tallahassee, Florida 32399-0729

Docket for Case No: 89-006293

Orders for Case No: 89-006293