Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Jul. 13, 1977
Summary: Respondent didn't maintain office at listed address. Recommend suspension.
76-2138.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FLORIDA REAL ESTATE COMMISSION, )
)
Petitioner, )
)
vs. ) CASE NO. 76-2138
) Process Docket No. 3072
DONALD L. STUART, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on April 27, 1977 at Vero Beach, Florida.
APPEARANCES
For Respondent: Bruce I. Kamelhair, Esquire
Staff Attorney, FREC 2699 Lee Road
Winter Park, Florida 32789
For Respondent: Donald L. Stuart was not present.
RECOMMENDED ORDER
By Administrative Complaint filed November 2, 1976, the FREC seeks to revoke, suspend, or otherwise discipline the real estate broker's license of Donald L. Stuart. As grounds there for it is alleged that Stuart has failed to maintain a proper office as required by Rule 21V-10.07 F.A.C. and Section 475.25(1)(d) F.S. One witness was called by the FREC and six exhibits were admitted into evidence.
FINDINGS OF FACT
Donald L. Stuart is a real estate broker registered with the Florida Real Estate Commission. He holds license number 215732 with expiration date of 3/3/77.
In the renewal application received April 3, 1975 by FREC, Stuart reported his business address to be 407 S. Old Dixie Highway, Vero Beach, Florida. In early August, 1976 an investigator for FREC visited the address on South Old Dixie Highway and found a vacant house with no real estate broker's sign displayed. Inquiry in the neighborhood revealed the house had been unoccupied for a considerable period of time.
By Election of Rights form submitted November 26, 1976, Stuart acknowledged receipt of the Administrative Complaint by checking Block 1 in
which he acknowledged having read the explanation of rights, did not dispute the allegations made in the Administrative Complaint, and requested a hearing.
Notice of Hearing was forwarded by Certified Mail, to the same address, viz. 407 S. Old Dixie Highway, Vero Beach, Florida to which the Administrative Complaint had been forwarded.
CONCLUSIONS OF LAW
Section 475.26 provides in pertinent part:
"Upon the filing of an information, a notice thereof shall be sent...addressed to the defendant at the last business address which a broker has registered with the Commission. "
The Hearing Officer had jurisdiction over the person and the offense.
Section 275.25(1) F.S. provides in pertinent part that the registration of a registrant may be suspended for a period not to exceed two years upon a finding of fact showing that the registrant has:
"(d) Violated any of the provisions of this chapter, or any lawful order, rule or regulation made under the provisions
of this chapter."
Rule 21V-10.07 F.A.C. provides:
"Each active broker is required to have an office and the address of the office must be registered with the Commission. The
office shall consist of at least one enclosed room or building of stationary construction wherein negotiations and closings of real estate transactions of others may be conducted and carried on with privacy and where the said broker's books, records, and files pertaining to real estate transactions of others are maintained. The office may be in the residence of the broker if not contrary to local zoning ordinances. Salesmen are not required or permitted to have an office, but must be registered from, and work out of, an office maintained and registered in the name of the employer. No broker shall maintain his office in, or in proximity to, any law office or the office of any member of a profession that prohibits its practitioners from advertising or using another business or profession as a feeder of business thereto.
From the foregoing it is concluded that Donald L. Stuart failed to maintain an office at the address registered with the FREC as required by Rule 21V-10.07
F.A.C. above quoted and that he thereby violated the provisions of Section 475.25(1)(d) F.S. It is therefore,
RECOMMENDED that the registration of Donald L. Stuart be suspended for a period of one year.
DONE and ENTERED this 23rd day of May, 1977, in Tallahassee, Florida.
K. N. AYERS 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 23rd day of May, 1977.
COPIES FURNISHED:
Bruce I. Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road
Winter Park, Florida 32789
Mr. Donald L. Stuart
407 S. Old Dixie Highway Vero Beach, Florida 32960
Mr. Donald L. Stuart
P.O. Box 187
Clearwater, Florida 33517
Docket for Case No: 76-002138
Orders for Case No: 76-002138
