Recommendation Deny the application of Petitioner for Registration as a salesman for the Florida Real Estate Commission. DONE and ENTERED this 6th day of December, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building MAIL: 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Manuel E. Oliver, Esquire Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Dwaine Eugene Spann Route 2, Box 376S Sarasota, Florida 33582
Findings Of Fact Upon consideration of the relevant oral and documentary evidence adduced at the hearing, the following facts are found: 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. 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. 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. 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.
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
The Issue The issue posed for decision herein is whether or not James T. Speaks, Respondent, engaged in conduct amounting to a failure to maintain in an escrow bank account deposits he received as a selling broker which were entrusted to him in the course of his brokerage activities until a proper or authorized disbursement of such monies was made. Based on its Administrative Complaint filed on May 17, 1978, the Florida Real Estate Commission, Petitioner, seeks to revoke, annul, suspend or otherwise discipline licensee James T. Speaks, who holds Florida Real Estate License No. 0083459, based on conduct which will be set forth herein in detail.
Findings Of Fact Based on the testimony presented during the course of the hearing, the following relevant facts are found: During October of 1976, Donna W. Ross was a listing broker to sell the property of Katherine Scanlon. During mid-October, 1976, Respondent Speaks located purchasers for the Scanlon property and submitted an offer to the listing broker, which offer was accepted by the seller. Respondent Speaks deposited a $1,000.00 binder deposit in his escrow account. (See FREC Composite Exhibit No. 7.) The closing of the real estate transaction in the Scanlon property took place in Attorney David Booher's office who, based on evidence received during the course of the closing, questioned Respondent Speaks as to the negotiability of a $1,000.00 check Respondent Speaks presented as a refund of the escrow deposit he had tendered to secure the deposit receipt contract for the Scanlon property. Virginia RawIs, who was formerly employed by Booher and Crabtree, Realtors, called the Barnett Bank of Regency to verify if sufficient funds were on deposit in Respondent Speaks' account and was advised that sufficient monies were not on deposit to cover the check. At that juncture, Respondent Speaks acknowledged that he had tendered a check which was drawn on an account without sufficient funds to cover it and agreed that the $1,000.00 binder deposit should be deducted from his commission monies due. This agreement was acceptable to all parties concerned at the closing and another check representing the commission monies due Respondent Speaks, less the $1,000.00 deposit, was drawn and made payable to Speaks. Donna W. Ross, the listing broker, was also present during the hearing and verified the testimony of Attorney Booher respecting the presentation by Respondent Speaks of the $1,000.00 check which was not secured by sufficient funds. As noted in the appearance section of this Recommended Order, the Respondent, James T. Speaks, did not appear during the hearing although copies of the Notice of Hearing were mailed to his last known addresses.
Recommendation Based on the foregoing findings of fact and conclusions of law, I hereby recommend that the Registered Real Estate Broker license of Respondent, James T. Speaks, be suspended for a period of two (2) years. RECOMMENDED this 5th day of January, 1979, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675
