STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

an agency of the State of Florida, )

)

Petitioner, )

)

vs. ) CASE NO. 77-443

) P.D. NO. 3123

HERBERT GOLDMAN, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard on June 28, 1977, at 1:15 P.M., in the Conference Room of the Electric Administration Utilities Building, 310 S. E. 3rd Street, Ocala, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case was heard on an Administrative Complaint filed against Herbert Goldman by the Florida Real Estate Commission alleging that Goldman had violated Rules 21V-10.09 and 21V-10.07, Florida Administrative Code, by failing to maintain a real estate office and failing to erect and maintain a sign on or about the entrance of his principal office, and further that violation of these rules is a violation of Section 475.25(1)(d), Florida Statutes.

APPEARANCES

For Petitioner: Robert J. Pierce, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Mary B. Steddom, Esquire

O'Neill & Steddom Post Office Box 253

822 East Silver Springs Boulevard Ocala, Florida 32670

FINDINGS OF FACT

1. Herbert Goldman is a registered real estate broker holding license number 0032343 issued by the Florida Real Estate Commission.

   
   

2. Herbert Goldman maintains an office at the Robertson Building, Ocala, Florida, consisting of at least one closed room, wherein negotiations and closings of real estate transactions of others may be conducted and carried on with privacy and where the books, records, and files pertaining to the real estate transactions of Herbert Goldman are maintained. On the entry way to the Robertson Building, Ocala, Florida, there is a Building Directory and on this directory, there appears "Goldman, Herbert, Realtor, Room 214." See Exhibit 4. On the second floor of the Robertson Building, Ocala, Florida, in Room 214,

   Herbert Goldman maintains the office described above outside of which is a sign stating the following: "Herbert Goldman, Registered Real Estate Broker."

   
   

3. It was admitted that the second floor of the Robertson Building is generally closed to public and that the Robertson Building is owned by the Estate of Mr. Herbert Goldman's deceased father. By direct contact with Herbert Goldman or his brother, an attorney who maintains an office on the first floor of the Robertson Building with access directly to the street, authorized persons may gain access to Herbert Goldman's office.

   
   

4. Herbert Goldman engages in an active real estate brokerage primarily consisting of site location for shopping centers and similar developments for clients throughout the United States. Herbert Goldman does not solicit nor desire to participate in a general real estate practice. Goldman makes no pretense that he maintains an office in Room 214 of the Robertson Building, which is at all times staffed and which is an office in the conventional sense. However, Goldman does maintain an active brokerage practice visiting clients in various portions of Florida and in other states in the course of his brokerage business. Due to the nature of transactions which Goldman is involved in, all of the closings are conducted in the business offices of the firms with which he does business or of their attorneys.

   
   

5. The foregoing Findings of Fact are substantially identical to the general proposed findings submitted by Goldman.

   
   

   CONCLUSIONS OF LAW

   
   

6. Rule 21V-10.07, Florida Administrative Code, provides that each active broker is required to have an office, the address of which must be registered with the Commission. Herbert Goldman has complied with this provision. The office which Herbert Goldman maintains consists of at least one enclosed room wherein negotiations and closings could be conducted. It is clear and Goldman admits that closings are not conducted in his office due to the nature of the brokerage business in which he is engaged. Goldman does maintain the records, books and files of his brokerage business in his office, although he complains that to do so constitutes a hazard to these records due to the frequent vandalism of the building. Similarly, Herbert Goldman maintains a sign on the Building Registry of the Robertson Building in Ocala, Florida, indicating that his office is maintained in Room 214 of this building. Outside Room 214, a sign exists which states Goldman's name and the fact that he is a registered real estate broker. Goldman occasionally uses the office for individual work.

   
   

7. It would appear that the provisions of Rule 21V-10.07, Florida Administrative Code, are intended, in part, to insure that every active broker shall keep his records, files and books in one primary place where they may be periodically inspected by the Commission. Further, this rule requires that a broker maintain an office consisting of at least one enclosed room where negotiations and closings can be conducted and carried on in private. The provisions of Rule 21V-10.09, Florida Administrative Code, are intended to insure that the broker's office can be located and that brokers reveal to the public that they are registered real estate brokers. Goldman admittedly does not maintain an office that is open to the public. There is no indication, however, that his records, books and files are not accessible to inspection by the Commission by contact with Goldman, nor that he has avoided the inspection of his books, records and files by making himself inaccessible to contact by the Commission.

8. The rule requires an active broker to maintain an office, not for a broker to maintain an active office. An active broker is a broker who is currently registered in the active category and engaged in the activities described in Section 475.01, Florida Statutes. However, all active brokers are required by the rule to maintain an office, and it shall consist of at least one enclosed room or building of stationary construction wherein closings and negotiations may be conducted and where its records must be kept. Goldman does maintain such an office appropriately signed. It is not an "active" office although Goldman is an active broker. Goldman's office arrangements meet the minimum requirements of the rule as it is written.

RECOMMENDATION

At hearing, the forthrightness of Mr. Goldman was evident, and it was clear that he did not desire to be uncooperative with the Commission or to flaunt its rules. His concern was that to maintain an accessible office would create more problems than it would solve. He felt that such an office would appear to be closed and "inactive", and to avoid this problem he would have to hire office staff to advise people he did not handle general real estate. This would be an unnecessary expense for him and would possibly create misunderstandings. It was, therefore, simpler to maintain his office where it has been for many years, from where, although inaccessible to the public, he centers his brokerage activity.

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that no disciplinary actions be taken. In view of Goldman's general cooperativeness and the fact that he is not totally pleased with the security of his office, it might be useful and beneficial for the Commission to examine with Goldman alternatives which would be acceptable to all concerned and would result in office accommodations which re more conventional and secure but which would not prevent a confusing picture to the public.

DONE and ORDERED this 25th day of July, 1977, at Tallahassee, Florida.

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

(904) 488-9675

COPIES FURNISHED:

Robert J. Pierce, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Mary B. Steddom, Esquire O'Neill & Steddom

Post Office Box 253 Ocala, Florida 32670

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

================================================================= FLORIDA REAL ESTATE COMMISSION

FLORIDA REAL ESTATE COMMISSION,

An Agency of the State of Florida,

Plaintiff,

vs. PROGRESS DOCKET NO. 3123

MARION COUNTY

HERBERT GOLDMAN, DOAH CASE NO. 77-443

Defendant.

/

FINAL ORDER

At a regular meeting of the Florida Real Estate Commission held at the Executive Headquarters in Winter Park, Florida, on August 17, 1977.

PRESENT: Maggie S. Lassetter, Chairman

Levie D. Smith, Jr., Vice Chairman Arthur N. Hamel, Member

APPEARANCES: Robert J. Pierce

Attorney for Plaintiff

Mary B. Steddom Attorney for Defendant

This matter came on for Final Order upon the Hearing Officer's Recommended Order, the Plaintiff's Exceptions thereto, and upon consideration thereof, together with a review of the complete record and oral arguments of counsels for Plaintiff and Defendant, and statements by the Defendant in person, and the Commission being otherwise fully advised in the premises finds:

1.

That the Defendant, Herbert Goldman, is now and was at all times material herein, a real estate broker registered with the Commission.

2.

The Plaintiff's Exceptions to the Hearing Officer's Recommended Order are not well taken and should be denied.

3.

The Hearing Officer's Recommended Order is supported by competent, substantial evidence in the record and should be adopted as the Order of the Commission.

4. IT IS THEREUPON ORDERED THAT:

1. The Plaintiff's Exceptions to the Hearing Officer's Recommended Order be, and the same are hereby, denied;

   
   

2. The Hearing Officer's Recommended Order, including the Findings of Fact, Conclusions of Law, and Recommendation be, and the same are hereby, adopted by the Commission.

5.

IT IS THEREFORE ORDERED that the Defendant, Herbert Goldman, be, and is hereby, found not guilty of the charges contained in the Administrative Complaint, and the same is hereby dismissed.

DONE and ORDERED at Winter Park, Florida, this 22nd day of August, 1977.

Maggie S. Lassetter, Chairman

Levie D. Smith, Jr. Vice Chairman

Arthur N. Hamel, Member

I CERTIFY that a copy of the foregoing Final Order was mailed to Mary B. Steddom, Esq., Attorney for Defendant, P.O. Box 253, Ocala, Florida 32670, by United States registered mail this 22nd day of August, 1977.

Executive Director

Docket for Case No: 77-000443

Orders for Case No: 77-000443