STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, BOARD OF REAL )

ESTATE, )

)

Petitioner, )

)

vs. ) CASE NO. 82-230

) (0015202)

JOHNNY B. STEELMAN, JR., )

J.B. STEELMAN, INC., and ) JOHN A. SMITH, a/k/a ART SMITH, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on April 21, 1982, in Orlando, Florida. The transcript was filed on May 5, 1982, closing the record in this proceeding.

APPEARANCES

For Petitioner: James H. Gillis, Esquire

130 North Monroe Street Tallahassee, Florida 32301

For Respondents: Eric A. Lanigan, Esquire

1214 East Robinson Street Orlando, Florida 32801

By Administrative Complaint issued on December 23, 1981, the Petitioner seeks to suspend or revoke the real estate licenses held by the Respondents for violation of Section 475.25(1)(b) , Florida Statutes. Specifically, the Complaint charges the Respondents with fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in a business transaction, in that the Respondents failed to collect the full amount of a deposit required from a purchaser pursuant to a contract for the sale of real estate, so that when the purchaser defaulted on this contract, the full deposit could not be remitted to the seller.

Initially, the Respondent John A. Smith, a/k/a Art Smith, was not included as a party to this proceeding because his Election of Rights form was not filed with this Division. At the hearing herein, this form was filed, and counsel for the other Respondents also appeared for John A. Smith with the consent of Mr.

Smith. Thereupon, the matter proceeded against all Respondents as originally filed.

During the course of the hearing, the parties arrived at a stipulation which resolved all matters of fact and law which were in dispute in this proceeding. This stipulation also sets forth an agreed penalty of $250.00 as a single fine against all of the Respondents jointly, and a cautionary letter from the Board of Real Estate (now Florida Real Estate Commission) to the effect that in all future negotiations between realtors with J. B. Steelman, Inc., and other parties, any changes in the terms of contracts must be confirmed in writing, and that J. B. Steelman, Inc., will educate the licensed personnel on its staff relative to this procedure.

The parties did not present any witnesses at the hearing. One exhibit was offered by the Petitioner, and this was received in evidence. The full text of the stipulation of the parties was to have been filed with this Division, but to date it has not been submitted.

RECOMMENDATION

Based upon the resolution of all disputed issues of fact and law by the stipulation of the parties to this proceeding, which includes the agreed penalty as set forth above, it is

RECOMMENDED that the Board of Real Estate (now Florida Real Estate Commission) adopt the stipulation of the parties, together with the agreed penalty, in its final order to be entered herein.

THIS RECOMMENDED ORDER entered this 26th day of May, 1982, in Tallahassee, Florida.

COPIES FURNISHED:

James Gillis, Esquire

130 North Monroe Street Tallahassee, Florida 32301

Eric A. Lanigan, Esquire 1214 East Robinson Street Orlando, Florida 32801

Fred Wilsen, Esquire

130 North Monroe Street Tallahassee, Florida 32301

WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301 904/488-9675

Filed with the Clerk of the Division of Administrative Hearings this 27th day of May, 1982.

Samuel R. Shorstein, Secretary Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

C. B. Stafford, Executive Director Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32802

Docket for Case No: 82-000230

Orders for Case No: 82-000230