STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1682

)

PIERRE R. PALPANT, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Ocala, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton, II, on February 6, 1979.

APPEARANCES

For Petitioner: Joseph A. Doherty, Esquire

400 West Robinson Street Orlando, Florida

For Respondent: Respondent appeared in propria persona.

By Administrative Complaint filed August 23, 1978, Petitioner alleged that Respondent, while working for Gus Galloway Realty, Inc., as a real estate salesman, customarily collected rent from Rose Marie Schmidt and her husband, on behalf of a landlord represented by Gus Galloway Realty, Inc.; that "during the month of April, 1977, Rose Marie Schmidt paid $50 cash as rental [to Respondent, who] . . . failed to account or deliver the said $50 rental payment to Gus Galloway Realty, Inc. until June of 1977 when he was confronted by Broker Nolan

1. Galloway . . . with that fact, whereupon [Respondent] paid $50 to the said Nolan C. Galloway all in violation of Subsection 475.25 (1)(i), Florida Statutes" (1977).

   
   

   FINDINGS OF FACT

   
   

   1. While working as a real estate salesman for Gus Galloway Realty, Inc., in Ocala, Florida, Respondent was responsible for collecting monthly rent from Rose Marie Schmidt and her husband. The Schmidts rented a house belonging to one Betts and managed by Gus Galloway Realty, Inc. Sometime before July of 1977, Mrs. Schmidt was on her way to pay her rent when she met Respondent in the parking lot of Gus Galloway Realty, Inc. Respondent accepted fifty dollars in cash from Mrs. Schmidt as that month's rent, but gave her no receipt for the money. More than a week later, Respondent brought fifty dollars to the office of Gus Galloway Realty, Inc.

      CONCLUSIONS OF LAW

      
      

   2. Disciplinary action against a real estate salesman's registration is authorized when he is shown to have "failed to immediately place with his registered employer any money . . . entrusted to him by any person dealing with him as agent of his registered employer." Section 475.25 (1)(i) Florida Statutes (1977). Petitioner established such a violation against Respondent in the present case.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That Petitioner publicly reprimand Respondent.

DONE and ENTERED this 14th day of March, 1979, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

904/488-9675

COPIES FURNISHED:

Joseph A. Doherty, Esquire Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

Mr. Pierre R. Palpant c/o Fred D. Wright

236 S. W. 10th Street Ocala, Florida 32670

Docket for Case No: 78-001682

Orders for Case No: 78-001682