STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, FLORIDA REAL )

ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1040

)

CHARLES N. LYLE, )

)

Respondent. )

)

RECOMMENDED ORDER

A final hearing was held in this case in Ocala on July 10, 1984. Although the hearing was held at the time, on the date and at the place duly noticed for final hearing, neither Charles N. Lyle nor anyone on his behalf appeared.

The issue at the final hearing is whether the Florida Real Estate Commission should suspend, revoke or take other disciplinary action against respondent, Charles N. Lyle as licensee in response to the allegations in the Administrative Complaint filed by petitioner, Department of Professional Regulation "That respondent: (1) is guilty of having operated as a broker or has operated as a salesman for a person not registered as his employer in violation of Sections 475.42(1)(b) and 457.25(1)(a), Florida Statutes (1983): (2) is guilty of not immediately placing with his registered employer any money, fund, deposit or check entrusted to him in violation of Section 475.25(1)(k), Florida Statutes (1983); (3) is guilty of having collected rental money in connection with a real estate broker's transaction not in the name of respondent's employer and not with the express consent of respondent's employer in violation of Sections 475.42(1)(b) and 475.25(1)(a) , Florida Statutes (1983) ; (4) is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device in violation of Section 475.25(1)(b), Florida Statutes (1983); and (5) is guilty of failure to account and deliver in violation of Section 475.25(1)(d), Florida Statutes (1983).

FINDINGS OF FACT

1. Respondent Charles N. Lyle is now and was at all times referred to in these Findings Of Fact a licensed real estate salesman having haen issued licensed number 0340311. Between March, 1982 to July, 1982, respondent was licensed as a real estate salesman and in the employ of Pardee-Chappell Realty and Investment Corporation.

   
   

2. In May, 1982, respondent entered into an oral rental management agreement with Edward Ingersoll to rent and manage certain residential property located at 2941 Northeast Third Street, Ocala, Florida for a management fee of

   $15.00 per month, said fee to be paid directly to respondent.

3. In connection with the management agreement, respondent secured a tenant and collected rent each month, depositing the rent into a special account at the First Marion Bank of Ocala maintained in the names of Sharon Lyle, respondent's wife, and Edward Ingersoll, the owner of the property.

   
   

4. From approximately May, 1982 to February, 1983, respondent was compensated $15.00 per month as a rental management fee from Edward Ingersoll. Respondent did not deliver the rental payments collected and compensation received to his employing broker, and respondent's employing broker, Pardee- Chappell Realty and Investment Corporation, had no knowledge of and did not consent to respondent's actions. Respondent engaged in the transactions in such a way as to conceal from Mr. Ingersoll and the lessee of Ingersoll's property his association with pardee-Chappell Realty and Investment Corporation; likewise, respondent engaged in the transactions in such a way as to keep

   Pardee-Chappell Realty and Investment Corporation from earning about the Ingersoll management agreement.

   
   

5. The Administrative Complaint in this action could not be served on respondent at the address of his last broker of record because he had left the employ of his last broker of record. A later attempt to serve respondent at his residential address according to the records of the Department of Professional Regulation, 720 Northeast Thirty Street, Ocala, Florida 32670 also was unsuccessful. Thereafter, a notice was published in a newspaper of general circulation in the Ocala area, and respondent telephoned the Department of Professional Regulation from Atlanta, Georgia. Respondent asked that the Administrative Complaint be mailed to him at 720 Northeast Thirty Street, Ocala, Florida 32670. Approximately one month later, on or about March 1, 1984, respondent signed his Election Of Rights acknowledging receipt of a copy of the Administrative Complaint and requesting a formal hearing. Respondent's Election Of Rights was received by the Florida Real Estate Commission on March 6, 1984. Subsequently all notices of hearing have been returned undelivered, and subsequent efforts to contact respondent by telephone and personally by Department of Professional Regulation investigators have been unsuccessful.

CONCLUSIONS OF LAW

6. Section 475.42(1)(b) and 475.25(1)(a), Florida Statutes (1983), prohibit a person licensed in Florida as a real estate salesman from operating as a broker. The evidence establishes that, with respect to the Ingersoll management agreement, respondent violated those statutes.

1. Section 475.25(1)(k), Florida Statutes (1983) requires a real estate salesman to place with his registered employing broker any money, fund, deposit, or check entrusted to him the evidence in this case established that respondent violated that statute. Section 475.42(1)(d) and 475.25(1)(a), Florida Statutes (1983), prohibits a real estate sale man from collecting rental money in connection with a real estate brokerage transaction not in the name of his employing broker and without the express consent of his employing broker. The evidence in this case establishes that respondent violated those statutes.

   
   

2. Count Four of the Administrative Complaint alleges that respondent failed, refused and neglected to deliver to Edward Ingersoll $225.OO of rental money collected at owing to Ingersoll as of July 25, 1983 in violation of Section 475.25(1)(b), Florida Statutes (1983). prohibiting fruad, misrepresentation, concealment, false promises, false pretenses, dishonest

   dealing by trick, scheme or device. Count Five of the Administrative Complaint alleges that the same facts constituted violation of Section 475.25(1)(d) Florida Statutes (1983), for failure to account and deliver. Neither of these charges were supported by the evidence.

   
   

3. Section 475.25, Florida Statutes (1983), authorizes the Florida Real Estate Commission to suspend a license for a period not exceeding ten years, revoke a license, impose an administrative fine not to exceed $1,000.00 for each count or separate offense, issue a reprimand, or impose any or all of the foregoing discipline upon a violation of the foregoing statutes.

RECOMMENDATION

Based upon the foregoing Findings Of Fact and Conclusions of Law, it is recommended that the Florida Real Estate Commission revoke the license of respondent, Charles N. Lyle.

RECOMMENDED this 4th day of September, 1984, in Tallahassee, Florida.

J. LAWRENCE JOHNSTON Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 4th day of September, 1984.

COPIES FURNISHED:

Fred Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Charles N. Lyle

720 N.E. Thirty Street Ocala, Florida 32670

Harold Huff, Executive Director Real Estate Legal Services

400 West Robinson Street Orlando, Florida 32801

Fred Langford, Esquire

400 West Robinson Street Orlando, Florida 32801

Docket for Case No: 84-001040

Orders for Case No: 84-001040