STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, ) WILLIAM D. TAYLOR, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1034

)

GERARD L. CRAWFORD, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, at 10:30 A.M, on May 5, 1977, in the Walton County Courthouse, DeFuniak Springs, Florida.

APPEARANCES

For Petitioner: Louis B. Guttmann III

Staff Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Gerard L. Crawford

Route 1, Box 157

Freeport, Florida 32439 FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:

1. At all times relevant to this proceeding, respondent Gerard L. Crawford was a registered real estate salesman, care of Robert Pentel in Destin, Florida. Respondent is currently a registered real estate broker (Exhibit 1).

   
   

2. On May 4, 1976, petitioner filed an administrative complaint against respondent seeking to revoke, suspend or otherwise discipline his license. It was alleged that on or about November 21, 1974, respondent, while working as a salesman for broker Robert Pentel, entered into a contract to purchase property owned by R. B. Boettcher and acknowledged receipt of a $50.00 deposit for broker Pentel, who held the listing on said property. Petitioner alleged that this deposit was never given to Pentel and never placed in the escrow account of Pentel. (Exhibit 2)

   
   

3. By an "election of rights" form filed with petitioner on May 27, 1976, respondent acknowledged that he did not dispute the allegations in the

   administrative complaint, but did request a hearing before a hearing officer for the purpose of submitting oral and/or written evidence in mitigation.

   
   

4. Petitioner forwarded the matter to the Division of Administrative Hearings, and the undersigned was designated to conduct the hearing.

   
   

5. At the hearing, petitioner's counsel placed into evidence certified copies of respondent's registration records, the administrative complaint and the executed election of rights form, and then rested. Respondent reaffirmed his position that he did not dispute the allegations of the complaint and stated only that he not think he was hurting anyone and was not out to arrive at any money. With that statement, respondent rested.

   
   

   CONCLUSIONS OF LAW

   
   

6. Respondent is charged with violating Florida Statutes 475.25(1)(i) in that he failed to immediately place with his registered employer a deposit entrusted to him by a person dealing with him as agent of his registered employer. By reason of this, petitioner also charged that respondent was guilty of a breach of trust and dishonest dealings in violation of Florida Statutes 475.25(1)(a).

   
   

7. The "receipt for deposit - offer to purchase and contract for sale" attached to the administrative complaint as Exhibit A sustains the allegations of the complaint, and respondent does not dispute the fact that he did not place the deposit with his registered broker. This constitutes a violation of Florida Statutes 475.25(1)(a) and 475.25(1)(i) and subjects respondent to the penalty of suspension of his registration for a period not exceeding two years.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited above, it is recommended that respondent's registration as a real estate broker be suspended for a period of seven (7) days.

Respectfully submitted and entered this 3rd day of June, 1977, in Tallahassee, Florida.

DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Louis B. Guttmann III Staff Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Gerard L. Crawford Route L, Box 157 Feeport, Florida 32439

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

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

STATE OF FLORIDA DIVISION OF OCCUPATIONS

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION FLORIDA REAL ESTATE COMMISSION

FLORIDA REAL ESTATE COMMISSION,

An Agency of the State of Florida,

Plaintiff, PROGRESS DOCKET NO. 2853 WALTON COUNTY

vs. DOAH CASE NO. 76-1034

GERARD L. CRAWFORD,

Defendant.

/

FINAL ORDER

At a regular meeting of the Florida Real Estate Commission held at its Executive Headquarters in Winter Park, Florida, on July 20, 1977,

Present: John R. Wood, Chairman

Maggie S. Lassetter, Vice-Chairman Levie D. Smith, Jr., Member

Appearances: Louis B. Guttmann, III, Esquire, Attorney for Plaintiff

No Appearance by or for Defendant Crawford

This matter came on for Final Order upon the Examiner's Recommended Order and Exceptions filed by the Plaintiff, together with the record and oral argument of counsel for Plaintiff and the Commission being fully informed, and upon due consideration thereof, finds:

1.

That according to the records of the Commission Defendant Gerard L. Crawford's present address registered with the Commission is as a broker, Route 331, South South Bay Grove, Freeport, Florida 32439.

2.

That the Examiner's "Findings of Fact" and "Conclusions of Law" contained in the Recommended Order are supported by competent, substantial evidence in the record and should he adopted and affirmed by the Commission.

3.

That the Plaintiff's Exceptions to the Examiner's Recommended Order should be accepted by the Commission.

4.

That the recommended penalty of the Hearing Officer should be rejected by the Commission; and that the Defendant's real estate license should be suspended for a period of sixty (60) days with said suspension being suspended.

IT IS THEREFORE ORDERED:

1. That the "Findings of Fact" and "Conclusions of Law" made by the Hearing Examiner and contained in her Recommended Order be, and the same are hereby, adopted and affirmed as the Order of the Commission;

   
   

2. That the Defendant, Gerard L. Crawford, be, and he is hereby, adjudged guilty of failing to place with

   his employer an earnest money deposit entrusted to him in violation of Subsection 475.25(1)(i), Florida Statutes;

   
   

3. That the plaintiff's Exceptions to the Examiner's Recommended Order are hereby accepted;

   
   

4. That for said violation the registration of the Defendant, Gerard L. Crawford, as a real estate broker be, and the same is hereby, suspended for a period

of sixty (60) days with said suspension being suspended.

DONE AND ORDERED at Winter Park, Florida this 8th day of August, 1977.

JOHN R. WOOD

Chairman

MAGGIE S LASSETTER

Vice-Chairman

LEVIE D. SMITH, JR.

Member

I HEREBY CERTIFY that I mailed a copy of the foregoing Final Order to Gerard L. Crawford, Defendant, Route 331, South Bay Grove, Freeport, Florida 32439 by United States Registered mail this 8th day of August 1977.

Executive Director

NOTICE TO DEFENDANT: This Order shall become effective on the 7th day of September, 1977. However, you have the right of review by an appellate court, if you desire.

LBG/tm

Docket for Case No: 76-001034

Orders for Case No: 76-001034