STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1024

) PD NO. 3346

LAWRENCE J. SPIEGEL, )

)

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 5, September 1978, at Miami, Florida.

APPEARANCES

For Petitioner: Frederick H. Wilsen, Esquire

Staff Attorney

Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

For Respondent: Lawrence J. Spiegel, Esquire

380 First National Bank Building 900 West 49 Street

Hialeah, Florida 33012

By Administrative Complaint filed 10 May 1978, the Florida Real Estate Commission (FREC), Petitioner, seeks to suspend the registration of Lawrence J. Spiegel, Respondent. As grounds therefor it is alleged that Respondent has failed to maintain an office as a real estate broker at the address registered with the FREC.

The parties stipulated that Respondent is registered with the FREC as a real estate broker and is the owner of the property the address of which was registered with the FREC as a broker's office. Thereafter, one witness was called by Petitioner and 4 exhibits were admitted into evidence.

FINDINGS OF FACT

1. On March 12, 1978, an investigator for Petitioner visited the address of the Respondent's real estate broker's office registered with the FREC at Loop Road, Star Route 67, Ochopee, Collier County, Florida, to conduct an office inspection. Upon his arrival, two buildings were observed, one a restaurant which was closed and the other a two-story apartment building containing what appeared to be three apartments. No signs were in evidence indicating a real estate office was located at this location and a man at the site who identified himself as a tenant identified the two buildings as a closed restaurant and

   apartment. Although the restaurant was locked, the investigator looked in the windows and saw no evidence that the building contained a real estate office. The apartment building was not entered nor did the investigator peer into the windows of these apartments. He did walk around the building and saw no evidence to indicate a real estate office was located in the apartment building or anywhere at the address registered.

   
   

   CONCLUSIONS OF LAW

   
   

2. The Division of Administrative Hearings has jurisdiction over the parties and of the subject matter of this hearing.

   
   

3. Section 475.25(1), Florida Statutes, provides in pertinent part:

   
   

   The registration of a registrant may be suspended for a period not exceeding 2 years, or until compliance with a lawful order imposed in the final order of suspension,

   or both, upon a finding of facts showing that the registrant has:

   (d) Violated any of the provisions of this chapter, or any lawful order, rule or regulation made or issued under the provisions of this chapter.

   
   

4. Rule 21V-10.07, Florida Administrative Code, provides in pertinent part:

   
   

   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 transaction [sic] of others may be conducted and carried on with privacy and wherein the said broker's books, records, and files pertaining to real estate transactions of others are maintained.

   
   

5. From the foregoing findings of fact, it is clear that Respondent has failed to maintain an office at the address registered with the Commission and is in violation of the Rule above quoted. It is therefore

RECOMMENDATION

RECOMMENDED that Respondent's registration as a real estate broker be suspended for a period of two years or until Respondent provides an office meeting the requirements of Rule 21V-10.07, Florida Administrative Code, and registers same with the FREC, whichever first occurs.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 18th day of September, 1978.

K. N. AYERS Hearing Officer

Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Frederick H. Wilsen, Esquire Staff Attorney

Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

Lawrence J. Spiegel, Esquire

380 First National Bank Building 900 West 49 Street

Hialeah, Florida 33012

Docket for Case No: 78-001024

Orders for Case No: 78-001024