vs. ) CASE NO. 79-535
ROBERT A. RINEHART, )
Respondent. )
An administrative hearing was held before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, on July 18, 1979, in the Clerk's Office of City Hall, 101 Andrews Avenue in Fort Lauderdale, Florida, at 1:00 p.m.
For Petitioner: Mary Jo M. Gallay, Esquire
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
Whether the license #16-7170-H of Robert A. Rinehart should be suspended or revoked, or whether a civil penalty should be assessed.
The Respondent, Robert A. Rinehart, trading as 629 Apartments, was at all times pertinent to this cause licensed as a public lodging establishment, holding license control #16-7170-H.
A notice to show cause and notice of hearing' was served upon Respondent Rinehart, notifying him that certain evidence had been presented which, if true, was good and sufficient reason to cause his license to be suspended or revoked or to have a fine assessed against him. The Notice to Show Cause indicated also that an administrative hearing would be held to which the Respondent would receive notice, and was dated December 5, 1978. No answer was filed to the Notice to Show Cause.
The Notice of Hearing was mailed April 26, 1979, and was returned. The Respondent did not appear at the administrative hearing or send a representative to testify in his behalf.
It is found that the address to which the Notice of Hearing was sent was the same address as provided on the existing license held by Respondent, which is active until December 1, 1980. This address is the same address as indicated on the standard form apartment lease entered into evidence as Petitioner's Exhibit 2. The Respondent is under obligation to keep the Petitioner Division advised of his current address to be shown on his official records in the Division of Hotels and Restaurants, Department of Business Regulation, State of Florida.
In December of 1976, Respondent Rinehart rented, or permitted his agent to rent, an apartment in 629 Apartments to Carol Miller. Ms. Miller was required to pay a security deposit in the sum of $100.00 shortly after renting the apartment, and later paid an additional security deposit of $35.00 upon acquiring a pet.
Subsequently Ms. Miller moved from the apartment after personally notifying Respondent Rinehart of her intent to vacate the rented premises at a time in excess of thirty (30) days before the intended date of her departure. Ms. Miller then again informed Respondent of her intent to move and requested that he give her an address where he could be contacted and to also return her security deposits, however Respondent did not do so. Ms. Miller moved from the licensed premises in September of 1978, and has not received her security deposits, nor has there been a claim submitted by Respondent Rinehart for the deposit.
Entered into evidence was a typed rental agreement and a receipt for various sums of monies growing out of the rental agreement with Respondent Rinehart. The testimony of Carol Miller, together with the evidence submitted, is sufficient to show that Respondent Rinehart in fact received security deposits from Ms. Miller as a tenant and failed to return said security deposits to her or to make a claim against them.
A proposed recommended order was submitted by the Petitioner Division, and this instrument was considered in the writing of this Order. To the extent the proposed findings of fact have not been adopted in, or are inconsistent with, factual findings in this Order they have been specifically rejected as being irrelevant or not having been supported by the evidence.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of this cause pursuant to Section 120.57, Florida Statutes.
Section 83.49 Deposit money or advance rent; duty of landlord and tenant.-- - provides:
(2) Whenever the landlord shall require a security deposit or advance rent which is held in excess of 6 months by the landlord or his agent, it shall accumu- late interest at the rate of 5 percent per annum, simple interest. However, no interest shall be required to be paid to the tenant when such moneys are held in a separate account for the benefit
of the tenants and not commingled with other funds
of the landlord. The landlord shall not hypothecate, pledge, or in any other way make use of such
moneys until such moneys are actually due the landlord. If such commingled funds are deposited in an interest-bearing account, said
account shall be in a Florida banking institution, and the landlord shall immediately notify the tenant of the name and address of the banking institution and the amount of his
money so deposited, and the tenant shall receive and collect at least 75 percent of the interest payable on such account in lieu of the payment of 5 percent inter- est by the landlord. The landlord shall, within 30 days of receipt of advance rent or a security deposit, notify the tenant in writing of the manner in
which the landlord is holding the advance rent or security deposit, the rate of interest, if any, which the tenant is to receive, and the time of interest payments to the tenant....
Respondent Rinehart has violated the foregoing statute inasmuch as he failed to refund a security deposit held in excess of six (6) months, and also failed to notify the tenant in writing of the manner in which he was holding said deposit paid by the tenant, Carol Miller.
Section 03.49 further provide;:
(3)(a) Upon the vacating of the premises for termi- nation of the lease, the landlord shall have 15 days to return said security deposit together with interest or in which to give the tenant written notice by certified mail to the tenant's last
known mailing address of his intention to impose
a claim thereon. The notice shall contain a state- ment in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit. ...
Respondent Rinehart failed to furnish the tenant, Carol Miller, with his address or impose a claim against Ms. Miller's security deposits after she vacated the premises in September of 1978. He did not return Ms. Miller's security deposits in violation of the foregoing statute.
Section 83.49 continues:
(7) Any person licensed under the provisions of
s. 509.241, unless excluded by the provision of this part, who fails to comply with the provisions of this part shall be subject to a fine or to the suspension or revocation of his license by the Division of Hotels and Restaurants of the Department of Business Regula- tion in the manner provided in s. 509.261.
Respondent Rinehart is subject to be disciplined under the foregoing statute.
Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that a civil penalty be assessed in the amount of
$250.00 to be imposed upon the Respondent, Robert A. Rinehart t/a 629 Apartments.
DONE and ORDERED this 31st day of August, 1979, in Tallahassee, Leon County, Florida.
DELPHENE C. STRICKLAND
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
Mary Jo M. Gallay, Esquire Robert A. Rinehart t/a Department of Business 629 Apartments
