STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-2294

)

JAMES T. SPEAKS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on November 14, 1978, in Jacksonville, Florida.

APPEARANCES

For Petitioner: Kenneth M. Meer, Esquire

Florida Real Estate Commission

400 W. Robinson Avenue Orlando, Florida 32801

For Respondent: 1/

ISSUE

The issue posed for decision herein is whether or not James T. Speaks, Respondent, engaged in conduct amounting to a failure to maintain in an escrow bank account deposits he received as a selling broker which were entrusted to him in the course of his brokerage activities until a proper or authorized disbursement of such monies was made.

Based on its Administrative Complaint filed on May 17, 1978, the Florida Real Estate Commission, Petitioner, seeks to revoke, annul, suspend or otherwise discipline licensee James T. Speaks, who holds Florida Real Estate License No.

0083459, based on conduct which will be set forth herein in detail.

FINDINGS OF FACT

1. Based on the testimony presented during the course of the hearing, the following relevant facts are found:

   
   

   During October of 1976, Donna W. Ross was a listing broker to sell the property of Katherine Scanlon. During mid-October, 1976, Respondent Speaks located purchasers for the Scanlon property and submitted an offer to the listing broker, which offer was accepted by the seller. Respondent Speaks deposited a $1,000.00 binder deposit in his escrow account. (See FREC Composite Exhibit No. 7.) The closing of the real estate transaction in the Scanlon property took place in Attorney David Booher's office who, based on evidence

   received during the course of the closing, questioned Respondent Speaks as to the negotiability of a $1,000.00 check Respondent Speaks presented as a refund of the escrow deposit he had tendered to secure the deposit receipt contract for the Scanlon property. Virginia RawIs, who was formerly employed by Booher and Crabtree, Realtors, called the Barnett Bank of Regency to verify if sufficient funds were on deposit in Respondent Speaks' account and was advised that sufficient monies were not on deposit to cover the check. At that juncture, Respondent Speaks acknowledged that he had tendered a check which was drawn on an account without sufficient funds to cover it and agreed that the $1,000.00 binder deposit should be deducted from his commission monies due. This agreement was acceptable to all parties concerned at the closing and another check representing the commission monies due Respondent Speaks, less the

   $1,000.00 deposit, was drawn and made payable to Speaks. Donna W. Ross, the listing broker, was also present during the hearing and verified the testimony of Attorney Booher respecting the presentation by Respondent Speaks of the

   $1,000.00 check which was not secured by sufficient funds.

   
   

2. As noted in the appearance section of this Recommended Order, the Respondent, James T. Speaks, did not appear during the hearing although copies of the Notice of Hearing were mailed to his last known addresses.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. (Section 120.57(1), Florida Statutes.)

   
   

4. The authority of the Commission is derived from Chapter 475, Florida Statutes.

   
   

5. The parties were noticed pursuant to the notice provisions of Section

   120.57 and Chapter 475, Florida Statutes.

   
   

6. Competent and substantial evidence was offered to establish that the Respondent, James T. Speaks, while engaged as a Registered Real Estate Broker, failed to account for or maintain in an escrow account, the $1,000.00 binder deposit received by him in the sale of the Scanlon property as set forth hereinabove. As such, the Respondent is guilty of violating Subsections 475.25(1)(c) and (d), Florida Statutes.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, I hereby recommend that the Registered Real Estate Broker license of Respondent, James T. Speaks, be suspended for a period of two (2) years.

RECOMMENDED this 5th day of January, 1979, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

ENDNOTE

1/ Although properly noticed, the Respondent failed to appear

or otherwise send a representative to the hearing in response to the allegations in the Administrative Complaint filed herein.

COPIES FURNISHED:

Kenneth M. Meer, Esquire Florida Real Estate Commission

400 W. Robinson Avenue Orlando, Florida 32801

A. D. Saker Area Supervisor

Florida Real Estate Commission Suite 100, Brownett Building 4080 Woodcock Drive

Jacksonville, Florida 32207

James T. Speaks

1514 Park Terrace West Atlantic Beach, Florida 32233

James T. Speaks

t/a Landmark Realty of Florida, Inc.

444 West Adams Street Jacksonville, Florida 32202

James T. Speaks

Landmark Realty of Florida, Inc.

540 East Coast Drive

Atlantic Beach, Florida 32233

Docket for Case No: 77-002294

Orders for Case No: 77-002294