STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-211

) P.D. NO. 2963

ELI PARIS, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice in Room 203, Federal Building, Miami, Florida, on January 24 and 25, 1978, by Stephen F. Dean, assigned hearing Officer of the Division of Administrative Hearings

This case was presented on an Administrative Complaint filed by the Florida Real Estate Commission against Eli Paris, which alleges that Paris had violated Section 475.25(1)(a), Florida Statutes, by knowingly making false representations to persons to induce them to subscribe to the services of International Land Services Chartered, Inc. and thereby having engaged in a course of conduct which demonstrates that Paris is unable to be entrusted with the money or things of another in violation of Section 475.25(2), Florida Statutes.

The Florida Real Estate Commission introduced evidence that Eli Paris is a registered real estate salesman and was employed by International Land Services Chartered, Inc. The Florida Real Estate Commission also demonstrated that Eli Paris was paid by International Land Sales Chartered, Inc. No other evidence was introduced in support of the allegations against Paris.

APPEARANCES

For Petitioner: Manuel Oliver, Esquire

Charles Felix, Esquire

Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

For Respondent: Ronald E. Fried

2699 South Bayshore Drive, Suite 400C Miami, Florida 33133

ISSUES

Whether Eli Paris is guilty of violation at Section 475.25(1)(a) and (2), Florida Statutes.

FINDINGS OF FACT

1. Eli Paris is a registered real estate salesman.

   
   

2. Eli Paris was employed by International Land Services Chartered, Inc. He was paid by International Land Sales Chartered Inc.

   
   

   CONCLUSIONS OF LAW

   
   

3. Eli Paris is charged with violation of Section 475.25 (1)(a) and (2), Florida Statutes. The Florida Real Estate Commission has the burden to go forward and prove by substantial and competent evidence the allegations against Paris. No evidence was presented to show that Paris made any representations false or otherwise. The allegation concerning violation of 475.25(1)(a) are not proven and therefore the allegations regarding Section 475.25(2), Florida Statutes, are not proven.

   
   

   RECOMMENDATION

   
   

4. Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission take no action against the registration of Eli Paris, as a registered real estate salesman.

DONE and ORDERED this 7th day of April, 1978, in Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Manuel E. Oliver, Esquire Charles Felix, Esquire

Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

Eli Paris (Represented himself) 7917 West Drive North Bay Village Miami, Florida 33141

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AGENCY MEMORANDUM

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TO: Renata Hendrick, Registration Supervisor FROM: Manuel E. Oliver, Staff Attorney

RE: JD 78-018 (PD2772) - FREC vs. Richard H. White

JD 78-020 (PD2963) - FREC vs. Eli Paris CASE NO. 77-211 JD 78-021 (PD2783) - FREC vs. Marian Malt

Please be advised that the District Court of Appeal of Florida, Third District, rendered its opinion in the above cases, on July 17, 1979, unholding the Board's Final Order revoking these licensees' licenses.

The DCA's order became effective on September 26, 1979, after the above named exhausted their appellate remedies.

Docket for Case No: 77-000211

Orders for Case No: 77-000211