STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT ) OF STATE, DIVISION OF LICENSING )

)

Petitioner, )

)

vs. ) CASE NO. 84-1907

)

BOBBY JO SANDERS, )

)

Respondent. )

)

RECOMMENDED ORDER

Notice was given and a formal Subsection 120.57(1), Florida Statutes, bearing was held before Charles C. Adams, Hearing Officer. The date for hearing was August 28, 1984. The location of the hearing was in Lake City, Florida.

Proposed recommended orders have been provided and reviewed prior to the entry of this recommended order. To the extent that the proposals are consistent with the recommended order they have been utilized. Otherwise, they are rejected as contrary to facts found, or as irrelevant or immaterial.

APPEARANCES

For Petitioner: James V. Antista, Esquire

Senior Attorney Department of State The Capitol

Tallahassee, Florida 32301

For Respondent: Stephen A. Smith, Esquire

Smith & Smith

Post Office Box 1792

Lake City, Florida 32056-1792

ISSUE

The issues are those as promoted by an administrative complaint brought against the respondent charging a violation of Subsection 493.317(2), Florida Statutes, related to solicitation from the legal owner for the recovery of specific personal property after such property has been seen or located on public or private property.

FINDINGS OF FACT

1. Respondent, Bobby Jo Sanders, is and was at all times relevant to this action the holder of a class "E" re- possessor license number GE 12345099.

   
   

2. Sharon Carlton of Starke, Florida purchased a 1979 Ford pickup truck from Southside Motors of Jacksonville, Florida. The truck was financed through Ford Motor Credit Corporation lienholder.

3. The purchaser, Carlton, became delinquent in payments to Ford Motor Credit Corporation and the credit company sought the assistance of Jack Barry, a licensed repossessor, in trying to repossess the truck to protect its lien interest. Barry was unsuccessful in this effort. Barry was a repossessor under contract with Ford Motor Credit Corporation, who normally receive a fee of $125 to $150 for his services.

   
   

4. Ramona Frasure, befriended the husband of the truck owner, at a time when Mr. Carlton was ill. Carlton explained to Frasure that his wife had written checks for insufficient funds for truck payments. He further stated that there was a $300 reward available if the truck was reclaimed by the Ford Motor Credit Corporation and indicated that he would wish Frasure to receive the reward money in view of her concern for him at the time of his illness. Frasure contacted Ford Motor Credit Corporation and indicated that the truck was in Lake City, Florida; however, she did not indicate the exact whereabouts. She also told the respondent that there was a truck which needs to be "kicked up" for which there is a $300 reward for return. She did not tell the respondent the exact location of the truck. Sanders told Frasure that he would contact Ford Motor Credit Corporation to determine the circumstance.

   
   

5. Sanders then spoke with an employee at the Ford Motor Credit Corporation in Jacksonville, Florida, a Mr. Hinnant, and inquired on the subject of the $300 reward. Hinnant indicated that no reward had been offered. Sanders indicated that he had heard of this reward "on the street". He further stated that he was representing a client who possibly knew of the whereabouts of that truck. It is Ford Motor Credit Corporation's policy to deal with its contract repossessor, in this instance, Jack Barry, due to requirements of bonding and insurance. Sanders was told that he could not represent Ford Motor Credit Corporation because he did not have the required bond and insurance. Nonetheless, it was determined that the company would be willing to allow the respondent to work through another licensed repossessor who had a contract with Ford Motor Credit Corporation. This individual, one Dan Fordham, was located in Ocala, Florida. This decision was reached in view of the lack of success which Barry had in trying to recover the vehicle. Consequently, Ford chose to use Fordham in cooperation with Sanders. The arrangement was that Fordham would be paid $300 if the truck was recovered, and Fordham would share that $300 with the respondent. The repossession was to protect Ford's interest due to the default by Mrs. Carlton on installment loan payments owed to Ford.

   
   

6. Subsequent to the initial conversation between the respondent and Frasure, some days or weeks following that discussion, and after the arrangement for reward had been made, Frasure told the respondent the location of the truck and the respondent repossessed the truck in Lake City, Florida. Fordham was then paid $300. He kept $75. Sanders then took $125 for his services and paid Frasure $100.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action pursuant to Section 120.57, Florida Statutes.

8. Respondent is charged with the violation of Section 493.317(2), Florida Statutes, which states:

   
   

   SOLICITING RECOVERY OF A VEHICLE OR OTHER PERSONAL PROPERTY AFTER IT HAS

   BEEN LOCATED.--Soliciting from the legal owner the recovery of specific personal property after such property has been seen or located on public or private property.

   
   

9. Legal owner is concluded to mean lienholder, in this case Ford Motor Credit Corporation from whom the respondent sought a repossession fee. The facts in this case do not demonstrate that the respondent solicited from the legal owner the recovery of specific personal property after the property had been seen or located on public or private property. The solicitation was prior to such sighting or location. Therefore, no violation has been proven.

   
   

10. Based upon the consideration of the facts and conclusions of law, it

is

RECOMMENDED:

That a final order be entered which dismisses the administrative complaint

against the respondent.

DONE and ENTERED this 25th day of September, 1984, in Tallahassee, Florida.

CHARLES C. ADAMS

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 25th day of September, 1984.

COPIES FURNISHED:

James V. Antista, Esquire Senior Attorney Department of State

The Capitol

Tallahassee, Florida 32301

Stephen A. Smith, Esquire Smith & Smith

Post Office Box 1792 Lake City, Florida 32056

Mary Gast, Director Department of State Division of Licensing The Capitol

Tallahassee, Florida 32301

Docket for Case No: 84-001907

Orders for Case No: 84-001907