STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION ) BY HAROLD T. CLARK, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1911

) FORT MYERS PROPERTIES, INC. )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, a Hearing Officer, with the Division of Administrative Hearings, on December 7, 1976, at the Florida Real Estate Commission Office, Courtney Building, Suite 201, 2069 First Street, Ft. Myers, Florida. A representative of the Respondent corporation did not appear, although the notice of hearing was sent by registered mail return receipt requested to the last known address of the corporation. A copy of the notice of hearing and return receipt request is made a part of this record.

APPEARANCES

For Petitioner: Frederick H. Wilsen, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789 FINDINGS OF FACT

1. The Fort Myers Properties Inc. is registered as a real estate brokerage firm under certification no. 0027926, held with the Florida Real Estate Commission. Evidence of this registration is found in Petitioner's Composite Exhibit Number 1, admitted into evidence.

   
   

2. Prior to his death, Robert Ramon Houser was the principal broker with Fort Myers Properties, Inc. and was the holder of real estate broker's registration, certificate no. 0041433.

   
   

3. In the years 1973 through 1975, Jean Keely was a registered salesman with the Florida Real Estate Commission working for Fort Myers Properties, Inc. and Ramon Houser. At present Mrs. Keely is a non-active salesman registered with the Florida Real Estate Commission. Until February, 1975, William K. Smith was an officer and director with the Respondent corporation. At that time Mr. Smith held a real estate broker-salesman's license and still holds such license with the Florida Real Estate Commission. In February, 1975, William K. Smith resigned as an officer director of the Respondent corporation.

4. While Mr. Keely was employed by the Respondent, she arranged for the lease of a certain apartment owned by Robert Globe, to a Leonard Woods and for such services was entitled to salesman's commissions. She similarly, while employed by the Respondent, negotiated the lease of a condominium between Thomas

   H. DuJardin and a Mr. Fangmeir. This latter arrangement entitled her to a commission.

   
   

5. Mr. Smith, before departing his position, left a memorandum of February 27, 1975, addressed to Ray Houser, a/k/a Ramon Houser, to the effect that Mrs. Keely was entitled to these commission payments. This letter is found as a part of Petitioner's Composite Exhibit Number 6, admitted into evidence as a copy of said letter. Two of the payments to which Mrs. Keely was entitled were written by W. K. Smith as officer of the corporation and copies of said checks are shown as Petitioner's Composite Exhibit Number 5. The dates of these checks are February 3 and February 27, 1975. In spite of the memorandum which indicated Mrs. Keely's entitlement to the payments, the corporation, in the person of Mr. Houser, refused to honor the checks and payment of this commission amount was not forthcoming. The copy of the checks shown in Petitioner's Composite Exhibit Number 5 indicates that the request to honor payment is not allowed because payment was stopped. A statement of return to maker is made on the face of the checks.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction in this cause.

   
   

7. Based upon the facts as shown in this cause, the Respondent is in violation of 475.25(1)(c), F.S.

RECOMMENDATION

It is recommended that the registration of the Fort Myers Properties, Inc. as real estate broker under certificate no. 0027926 revoked, based upon the violations shown.

DONE and ENTERED this 22nd day of December, 1976, in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings

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

COPIES FURNISHED:

Frederick H. Wilsen, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Fort Myers Properties, Inc. 6057 McGregor Boulevard

Ft. Myers, Florida 33901

A. Douglas Grace, Jr., Esquire Attorney for the Houser Estate Grace, Falbey & Couse, P.A.

269 First Street, Suite 202 Fort Myers, Florida 33902

Docket for Case No: 75-001911

Orders for Case No: 75-001911