STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, DIVISION OF REAL ) ESTATE, )

)

Petitioner, )

)

vs. ) CASE NO. 90-6200

) JACK BURKLEW REAL ESTATE, INC., )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

Pursuant to notice, a formal hearing was convened by Division of Administrative Hearings Hearing Officer, Mary Clark, in Melbourne, Florida, on January 16, 1991.

APPEARANCES

For Petitioner: Steven W. Johnson, Esquire

DPR - Division of Real Estate

400 West Robinson Street Post Office Box 1900 Tallahassee, Florida 32802

For Respondent: Douglas D. Marks, Esquire

700 South Babcock Street Melbourne, Florida 32901

At the commencement of the hearing, Respondent, Jack Burklew Real Estate, Inc., through counsel, announced its intention, effective February 19, 1991, to involuntarily surrender the license which is the subject of this proceeding.

Provided however, such surrender would not prejudice other individuals, including family members, who have not been named or implicated in an administrative complaint, from qualifying another corporate entity or practicing real estate as provided in Chapter 475, Florida Statutes. The individual, Jack

E. Burklew, has already surrendered his license in FREC Case #0167489 and will not be involved with any successor entity.

Petitioner, through counsel, has accepted this as resolution of the case and will recommend its acceptance by the Commission.

RECOMMENDATION

Based on the foregoing, it is hereby, recommended that the Administrative Complaint dated August 24, 1990, in DPR Case #0169422, be dismissed.

RECOMMENDED this 23rd day of January, 1991, in Tallahassee, Leon County, Florida.

MARY CLARK

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 23rd day of January, 1991.

COPIES FURNISHED:

Steven W. Johnson, Esquire DPR - Division of Real Estate

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802

Douglas D. Marks, Esquire 700 South Babcock Street Melbourne, Florida 32901

Darlene F. Keller, Executive Director DPR - Division of Real Estate

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802

Jack McCray, Esquire General Counsel

Department of Professional Regulation Northwood Centre, Suite 60

1940 North Monroe Street Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 90-006200

Orders for Case No: 90-006200