STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RUPERT E. DUNKUM, )

)

Petitioner, )

)

vs. ) CASE NO. 79-088

) FLORIDA REAL ESTATE COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, at 3:00

1. on March 5, 1979, in Courtroom C of the Pinellas County Judicial Building, St. Petersburg, Florida. The issue to be determined is whether the petitioner is qualified for registration as a real estate broker with the Florida Real Estate Commission.

   
   

   APPEARANCES

   
   

   For Petitioner: Rupert E. Dunkum

   5900 94th Avenue

   Pinellas Park, Florida 32802

   
   

   For Respondent: Kenneth M. Meer

   Staff Counsel

   Post Office Box 1900 Orlando, Florida 32802

   
   

   FINDINGS OF FACT

   
   

   Upon consideration of the relevant oral and documentary evidence adduced at the hearing, the following facts are found:

   
   

   1. The petitioner is a real estate salesman registered with the Florida Real Estate Commission. In September of 1978, petitioner submitted an application to the Florida Real Estate Commission for registration as a real estate broker. By an Order dated December 4, 1978, the respondent denied the application for the reason that the applicant had not made it affirmatively appear that he possessed the necessary qualifications under F.S. 475.17.

      Specifically, the Commission found

      
      

      "That it appears to the Commission that Salesman Dunkum signed Broker Wallace W. Staff's name as a witness to Dunkum's signature on a contract offer to purchase real estate without authorization. In addition, Salesman Dunkum signed Broker

      Staff's name to a listing agreement without authorization."

      
      

      The petitioner timely requested an administrative hearing on the denial of his application and the undersigned Hearing Officer was duly designated to conduct the proceedings.

      
      

   2. The petitioner Dunkum admits that he did sign broker Staff's name as a witness to his own signature on a contract for the sale of real estate. Mr. Dunkum has been a notary public for approximately fifteen years and was aware that he should not have signed Staff's name as a witness. Petitioner was the purchaser under the contract and did in fact purchase the real estate. Thus, neither the purchaser nor the seller was harmed by the wrongdoing.

      
      

   3. The petitioner further admits that he did sign broker Staff's name to a listing agreement. He admits that he was wrong to sign Staff's name, without adding his initials or name under the signature. Petitioner believed he had the authority to sign Staff's name to listing agreements in Staff's absence.

      
      

   4. Mr. Staff testified that he never gave petitioner authority to sign his name and that all listings were to be under his signature. Mr. Staff was aware that petitioner had signed his name on documents prior to September of 1978. Nevertheless, on September 18, 1978, Mr. Staff entered into a three year independent contractor agreement with petitioner.

      
      

      CONCLUSIONS OF LAW

      
      

   5. An applicant for registration as a real estate broker or salesman is required to make it appear that he is honest, truthful, trustworthy, of good character and that he bears a good reputation for fair dealing. Further, the applicant must demonstrate that he is competent and qualified to make real estate transactions and conduct negotiations there for with safety to investors and to those with whom he may undertake a relationship of trust and confidence. Section 475.17(1), Florida Statutes. The Real Estate Commission is granted broad discretion in the granting and denial of applications for registration, and a denial cannot be reversed absent a clear showing of an abuse of that discretion or of an arbitrary and capricious ruling. F.S. 475.18(1).

      
      

   6. The two acts proven in this cause do not demonstrate the qualifications for registration as a broker listed above. The petitioner admits that he wrongfully placed Staff's name on the two documents received into evidence, but urges that no one was harmed by the same. As a notary public for fifteen years, he is aware that one cannot witness his own signature.

      
      

   7. While all real estate registrants have fiduciary duties, real estate brokers occupy an even higher fiduciary relationship because they have responsibility over salesmen and deal directly with the public. The two incidents which are the subject of this proceeding indicate that petitioner has not demonstrated the requisite degree of care necessary for a broker. A further period of supervision as a real estate salesman would be proper to allow petitioner the opportunity to demonstrate his ability and qualifications to be registered as a broker.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited above, it is RECOMMENDED that the petitioner's application for registration as a real estate

broker be DENIED, but that petitioner be permitted to submit another application for registration nine (9) months after the Order of the Commission dated December 4, 1978.

Respectfully submitted and entered this 30th day of March, 1979, in Tallahassee, Florida.

DIANE D. TREMOR

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Kenneth M. Meer Staff Counsel

Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32802

Rupert E. Dunkum 5900 94th Avenue

Pinellas Park, Florida 32802

Docket for Case No: 79-000088

Orders for Case No: 79-000088