STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-122

)

ALLAN R. MUNN, )

)

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 March 9, 1978 in West Palm Beach, Florida.

APPEARANCES

For Petitioner: Joseph A. Doherty, Esquire

Attorney for the Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

For Respondent: Allan R. Munn 1/

1450 South Atlantic East Manalapan, Florida 33462

The Florida Real Estate Commission (Petitioner or Commission hereinafter) pursuant to its order dated December 5, 1977, concluded that Allan R. Munn, (Respondent or Applicant hereinafter) failed to affirmatively establish that he possesses the necessary qualifications sufficient for registration as a salesman pursuant to Subsection 475.17, Florida Statutes, in that he failed to truthfully answer questions contained on his application for registration as a real estate salesman which was filed with the Commission or or about July 25, 1977.

Specifically, the Commission charged that the Respondent failed to disclose that he had formerly been in the employ of Patsy Owens Tronzo who was the owner of Gallery Apartments, 173 Peruvian Avenue, Palm Beach, Florida, from the month of September, 1976 to and including December, 1976, as manager for valuable consideration paid by Mrs. Patsy Owens Tronzo.

ISSUE

The issue posed for decision herein is whether or not the action of the Commission in rejecting the Respondent-Applicant's real estate application should be sustained.

Based on my observations of the witnesses and their demeanor while testifying, including the entire record compiled herein, I make the following:

FINDINGS OF FACT

1. On July 25, 1977, the Applicant filed with the Comission his application for registration as a real estate salesman. Question no. 9 of the said application inquired of the Respondent, (a) a list of the businesses or occupations in which you were engaged and the names and addresses of all persons or firms by whom you were employed, during the last five years before filing this application. Your employment information must be up to the present date, noting any periods of unemployment. In response thereto, the Applicant replied "none".

   
   

2. Mrs. Patsy Owens Tronzo appeared and testified that she was the owner of Gallery Apartments until approximately January, 1977. She testified that she employed Respondent-Applicant, Munn, as manager of Gallery Apartments for approximately one year. According to the terms of the employment agreement which she entered with Munn, she provided him a free apartment for approximately two months. Thereafter he obtained approximately ten percent of the gross rentals from the apartments which amounted to gross earnings of approximately four hundred dollars per month. During this latter period when Munn received a salary of ten percent of gross rentals, he was not living in an apartment provided by Mrs. Tronzo.

   
   

3. By letter dated March 23, 1978, Messr. Munn with permission of counsel for the Commission and the undersigned, submitted a written accounting of his reasons for not disclosing his employment relationship with Mrs. Tronzo. Essentially, his reason is that he was personally involved with Mrs. Tronzo for approximately two years during which period he offered her advice and assistance in her business activities. According to Munn, he provided numerous services for Mrs. Tronzo "as a gesture of friendship, without compensation which he did not feel that being her house guest should be considered compensation under the circumstances. Finally, he denied receiving a salary from her. 2/

   
   

4. Based on the totality of the evidence compiled herein, including the corroborative testimony of witnesses George Montgomery and Edward M. Kelly, real estate broker and broker salesmen in the area, I conclude that the weight of the evidence establishes that Mrs. Tronzo employed Respondent-Applicant Munn as manager of the Gallery Apartments on Peruvian Avenue in Palm Beach, Florida.

   For his services, he received compensation as testified to by Mrs. Tronzo.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

7. There is competent and substantial evidence to uphold the order of the Commission denying the Respondent's application for registration as a real estate salesman.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, I recommend that the Commission's order denying Respondent's application for registration as a real estate salesman be sustained. Additionally, and in view of the facts

adduced herein, I further recommend that the Commission reconsider the Respondent's application when and if an updated application is submitted by Respondent-Applicant Munn disclosing the nature of his employment relationship with Mrs. Patsy Owens Tronzo.

RECOMMENDED this 13th day of April, 1978, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

ENDNOTES

1/ Although properly noticed, the Respondent did not appear at the hearing.

2/ Respondent-Applicant, Munn did not appear at the hearing, allegedly due to his inability to locate the hearing room.

COPIES FURNISHED:

Joseph A. Doherty, Esquire Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

Allan R. Munn

1450 South Atlantic East Manalapan, Florida 33462

Docket for Case No: 78-000122

Orders for Case No: 78-000122