Findings Of Fact George A. Heyen is a duly registered real estate salesman with the Florida Real Estate Commission, and was so registered and has been so registered continuously since October 1, 1972, as evidenced by Petitioner's Exhibit number 1. While serving in the capacity as a real estate salesman, the Respondent entered into a listing agreement with one Thomas S. Bowers and Brenda L. Bowers, his wife. This agreement was drawn on December 11, 1973 and is Petitioner's Exhibit number 4. On February 6, 1974, a purchase and sell agreement was drawn up by the Respondent and entered into between Maria A. Hindes and the Bowers. This purchase and sell agreement is Petitioner's Exhibit number 3. This contract of February 6, 1974 was submitted to Molton, Allen and Williams, Mortgage Brokers, 5111 66th Street, St. Petersburg, Florida. The contract, as drawn, was rejected as being unacceptable for mortgage financing, because it failed, to contain the mandatory FHA clause. When the Respondent discovered that the February 6, 1974 contract had been rejected, a second contract of February 8, 1974 was prepared. A copy of this contract is Petitioner's Exhibit number 5. The form of the contract, drawn on February 8, 1974, was one provided by Molton, Allen and Williams. When, the Respondent received that form he prepared it and forged the signature of Mr. and Mrs. Bowers. The explanation for forging the signatures as stated in the course of the hearing, was to the effect that it was a matter of expediency. The expediency referred to the fact that the parties were anxious to have a closing and to have the transaction completed, particularly the sellers, Mr. and Mrs. Bowers. Therefore, in the name of expediency the signatures were forged. Testimony was also given that pointed out the Bowers were very hard to contact in and around the month of February, 1974, and some testimony was given to the effect that the Bowers made frequent trips to Ohio, but it was not clear whether these trips would have been made in the first part of February, 1974. The Bowers discovered that their name had been forged when they went to a closing on April 11, 1974. They refused to close the loan at that time. On April 24, 1974, a new sales contract was followed by a closing which was held on April 26, 1974 and a copy of the closing statement is Petitioner's Exhibit number 6. The Respondent has received no fees or commissions for his services in the transaction and there have been no further complaints about the transaction. Prior to this incident, the Respondent, George A. Heyen, was not shown to have had any disciplinary involvement with the Florida Real Estate Commission and has demonstrated that he has been a trustworthy individual in his business dealings as a real estate salesman.
Recommendation It is recommended that the registration of the registrant, George A. Heyen, be suspended for a period not to exceed 30 days. DONE and ENTERED this 8th day of April, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Richard J. R. Parkinson, Esquire Associate Counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 George A. Heyen c/o Gregoire-Gibbons, Inc. 6439 Central Avenue St. Petersburg, Florida 33710
The Issue The Administrative Complaint alleges that the Respondents are guilty of fraudulently withholding a commission and failing to account for said commission. The Respondents contend that there was no commission owed to the salesperson because the salesperson did not obtain the listing contract upon which the transaction closed and had been discharged for cause before a contract for purchase was obtained. The factual issues upon which the case is determined is whether the listing contract upon which the transaction closed was obtained by the salesperson who claimed the commission, and whether the contract for purchase was received before the salesperson was discharged for good cause. Both parties submitted posthearing findings of fact, which were read and considered. Those findings not incorporated herein are found to be either subordinate, cumulative, immaterial, unnecessary, or not supported by the evidence.
Findings Of Fact At all times relevant to the allegations of the Administrative Complaint and at the time of hearing, the Respondent, Jacqueline B. Ousley, held real estate broker's license number 0333339 and operated the Respondent corporation, Touch of Class Realty, Inc., which held corporate real estate broker's license number 0218522. Both licenses were issued by the Florida Real Estate Commission. (See Petitioner's Exhibit 1.) Diane Carroll was employed by the Respondents as a real estate salesperson from February to June l2, 1982. On June 13, 1982, Ms. Carroll was discharged for good cause by the Respondents. On May 25, 1982, Ms. Carroll obtained an open listing on the Breezeway Motel, 2001 North Dixie Highway, Lake Worth, Florida, from Carl C. Summerson. This listing was good through June 25, 1982. (See Petitioner's Exhibit 2.) Based upon this contract, the Respondents showed the property to prospective buyers, to include Anthony and Deborah Hedley, the ultimate purchasers of the property. However, after the Hedleys had become interested in the property, the Respondents became aware that Summerson was not the sole owner of the Breezeway Motel. Because of the interest of the Hedleys and the prospects of selling the property, the Respondents sought and obtained an exclusive listing agreement from both owners of the motel, Carl Summerson and Roy Chapin, which was signed on June 14, 1982. As an exclusive listing, this contract supplanted the open listing obtained by Ms. Carroll on May 25, 1982. The Respondents obtained an offer to purchase the Breezeway Motel from the Hedleys on June 16, 1982, which offer was accepted by Summerson and Chapin. This transaction closed, and the Respondents received one-half of the ten percent commission, $33,800. The custom of the profession is that salespersons earn a listing commission on a listing contract obtained by them while they were employed if a contract for the purchase of the property is obtained before the salesperson leaves the broker's employment. The Respondents tendered a "referral fee" of $845 to Ms. Carroll, as opposed to a salesperson's share of the commission which was $5,070. Ms. Carroll has a civil action pending, seeking to obtain payment of the commission.
Recommendation Having found the Respondents not guilty of violating Sections 475.25(1)(b) and (d), Florida Statutes, as alleged in the Administrative Complaint, it is recommended that the Florida Real Estate Commission dismiss the Administrative Complaint against the Respondents, Jacqueline B. Ousley and Toch of Class Realty, Inc. DONE and RECOMMENDED this 3rd day of October, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 3rd day of October, 1983. COPIES FURNISHED: Fred Langford, Esquire Department of Professional Regulation 400 West Robinson Street Orlando, Florida 32801 Donald P. Kohl, Esquire 3003 South Congress Avenue, Suite 1A Palm Springs, Florida 33461 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Harold Huff, Executive Director Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Randy Schwartz, Esquire Department of Legal Affairs 400 West Robinson Street, Suite 212 Orlando, Florida 32801 =================================================================
Findings Of Fact Kirk was a registered real estate broker licensed by the Florida Real Estate Commission at all times relative to the Administrative Complaint. Juneau Edwards negotiated a valid and binding contract for sale between Wilbur Davis as seller and Julius and Elizabeth Lau as buyers. The Laus paid $500 as a deposit under the contract on October 3, 1975 to Edwards. The contract, Exhibit 3, contains the following provisions: "Full purchase price $27,500, payable $27,500 in cash, of which the deposit shall apply as part and sale be held by said agent (Kirk Realty) in escrow pending closing of transaction, balance payable in the following manner: Cash at closing, contingent upon buyer se- curing first mortgage loan from Mid- State Federal Savings and Loan Association of Dunnellon, Florida. . ." The contract also contains a provision that the buyer forfeits his deposit if he fails to perform under the terms of the contract. The Laus submitted an application for a first mortgage in the amount of $21,000 on October 6, 1975, which was disapproved for that amount. Disapproval was communicated to the Laus by a letter from David L. Belcher dated October 15, 1975, Exhibit 7. The evidence reveals that the amount of the loan requested exceeded 80 percent of the appraised value of the Davis property by $34,000. Pursuant to the contingency provision of the contract, the contract was void when then loan request was disapproved. However, when the Laus met with Edwards and Kirk they advised them that the loan had not been approved in the amount requested, but did not demand the refund of their $500.00 deposit. Instead, when Kirk and Edwards suggested that Davis be advised and negotiations for a lower price for different terms be undertaken, the Laus assented to this. Arrangements were made by Kirk for such a meeting between Davis and the Laus; however, the Laus did not attend this meeting because they had become interested in a second house which they ultimately purchased. On October 23, 1975, the Laus applied for a mortgage to Mid-State to purchase another house using their initial application and changing the amount of the loan request to $17,500. This application was approved and the Laus closed on the second house. The Laus did not tell Kirk of their other negotiations on the second house and Kirk learned of the Lau's contract for the second house through Mid-State. After contracting to purchase the second house, the Laus contacted Kirk Realty requesting a refund of the $500 deposit paid on the Davis contract. Kirk visited the Laus at their new house and advised them that he considered them in default under the Davis contract. Kirk distributed the money to Davis and Kirk Realty on December 5, 1975 under the forfeiture provisions of the contract.
Recommendation The Hearing Officer, based on the foregoing Findings of Fact and Conclusions of Law, and considering the factors in mitigation mentioned above, would recommend that Kirk be ordered to pay Lau $500 and receive a letter of admonition. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 19th day of August, 1977. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 APPENDIX A The proposed findings regarding the contract and its provisions between the Laus and Davis presented in paragraph 1 of the Proposed Recommended Order are contained in paragraph 2 of the Recommended Order. The proposed findings regarding the negotiations before and after the disapproval of the loan application between the Laus and Juneau Edwards, a/k/a Zerban, presented in paragraph 1 of the Proposed Recommended Order are contained in paragraph 3 of the Recommended Order. The proposed findings regarding the submission of the loan application to Mid-State Federal Savings and Loan Association and its disapproval presented in paragraph 1 of the Proposed Recommended Order are contained in paragraph 3 of the Recommended Order. The testimony of Belcher in his deposition clearly established that it was disapproved for the amount sought. The proposed findings that the Lau-Davis contract was valid presented in paragraph 2 of the Proposed Recommendation Order is contained in paragraph 2 of the Recommended Order. The proposed finding that the Laus failed to make demand for their deposit presented in paragraph 3 of the Proposed Recommended Order is contrary to the testimony and evidence which indicated that the Laus delayed in making demand for return of their deposit as found in paragraph 3 of the Recommended Order and later requested their money back after contracting to purchase the second house as found in paragraph 4 of the Recommended Order. The proposed finding that the Laus breached the contract is a legal conclusion contrary to that reached by the Hearing Officer based upon the contingency provision of the contract which made the contract contingent upon approval of the Lau's loan application. When that application was disapproved, the contact became void. Therefore, the Laus could not have breached it. The Lau's representations to Kirk that Kirk should continue negotiations with Davis does not create another contract between Davis and the Laus; however, it can and has been considered in mitigation of the impression the Laus gave Kirk regarding their continued interest in the Davis property which lead Kirk to the erroneous conclusion the Laus had breached the contract. The proposed finding that there was no violation of Section 475.25(1)(c) presented in paragraph 4 of the Proposed Recommended Order Conclusions of Law is contrary to the evidence and testimony. The Proposed Recommended Order has been fully considered by the Hearing Officer this 19th day of August, 1977. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Robert J. Pierce, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Daniel Hicks, Esquire Tucker, Hicks, Blanchard, Brannen, Dirlam and Stillwell, P.A. Post Office Box 24 Ocala, Florida 32670 ================================================================= AGENCY FINAL ORDER ================================================================= FLORIDA REAL ESTATE COMMISSION FLORIDA REAL ESTATE COMMISSION, an Agency of the State of Florida Petitioner, PROGRESS DOCKET NO. 3182 MARION COUNTY vs. CASE NO. 77-685 TYREE C. KING, t/a KIRK REALTY, Respondent. /
The Issue Whether or not Respondent's registration as a real estate salesman should be revoked for violation of Section 475.25(2), F.S. The Hearing Officer explained to the Respondent the nature of the hearing and his rights under the Administrative Procedure Act, including the right to be represented by counsel at his own expense if he so desired. It was also explained to the Respondent that he could testify in his own behalf, that he is not required to do so, and that if he did so testify, he could be cross-examined by counsel for Petitioner. Respondent acknowledged understanding of these rights and elected not to testify in his own behalf.
Findings Of Fact 1. Counsel for Petitioner introduced into evidence Respondent's application for registration as a real estate salesman (Petitioner's Exhibit 1) and rested his case. No evidence was introduced in support of the allegation against the Respondent.
Findings Of Fact Respondent has been a licensed real estate broker salesman in the State of Florida at all times material hereto having been issued license number 0158288 in accordance with Chapter 475, Florida Statutes. On June 10, 1985 a Recommended Order was entered by the undersigned Hearing Officer in Division of Administrative Hearings Case Number 85-0118 concerning Respondent, which recommended that "a Final Order be issued suspending Respondent's license for a period of two (2) years and imposing an administrative fine in the amount of one thousand dollars ($1,000)." On July 16, 1985 the Florida Real Estate Commission entered a Final Order imposing the penalty against Respondent which had been recommended by the undersigned Hearing Officer in Division of Administrative Hearings Case Number 85-0118. The Final Order provided further that, "This Order shall be effective thirty (30) days from the date of filing, with the Clerk of the Department of Professional Regulation." The Final Order was filed with the Clerk of the Department of Professional Regulation on July 24, 1985. To date, Respondent has not paid the $1,000 fine imposed by the Florida Real Estate Commission in Division of Administrative Hearings Case Number 85- 0118. Petitioner contends that Respondent was required to pay the $1,000 fine within thirty (30) days of entry of the Final Order, referenced above. Rule 21V-10.31, Florida Administrative Code, imposes a thirty-day time limit for the payment of fines imposed by the Florida Real Estate Commission from the date of imposition by order of the Commission.
Recommendation Based upon the foregoing, it is recommended that a Final Order be issued revoking Respondent's license-number 0158288. DONE AND ENTERED this 24th day of November, 1986 in Tallahassee, Florida. DONALD D. CONN 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 24th day of November, 1986. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-0989 Rulings on Petitioner's Proposed Findings of Fact: Adopted in Findings of Fact 1 and 3. Adopted in Findings of Fact 3 and 4. COPIES FURNISHED: Susan Hartman, Esquire Department of Professional Regulation 400 West Robinson Street Orlando, Florida 32802 Roy Ahringer 232 Harmony Avenue Lake Placid, Florida 33852 Harold Huff Executive Director Division of Real Estate 400 West Robinson Street Orlando, Florida 32802 Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Wings S. Benton, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether Respondent Garrison's license as a real estate broker and Respondent Arbree's license as a broker-salesman should be suspended or revoked, or the licensees otherwise disciplined for alleged violations of Chapter 475, F.S., as set forth in the Administrative Complaint, dated December 22, 1980. This proceeding commenced with the filing of an Administrative Complaint by the Department of Professional Regulation on December 22, 1980 alleging that Respondents Gary D. Garrison and Joseph M. Arbree had violated Subsection 475.25(1)(a), Florida Statutes in connection with a 1977 real estate transaction wherein Respondents allegedly failed to disclose to the seller that purchaser Respondent Arbree was a licensed broker-salesman and that Respondent Garrison had, or would have a financial interest in the property upon its purchase. The Respondents requested an administrative hearing on the charge and filed a Motion to Dismiss claiming that Petitioner lacked jurisdiction to proceed in the cause in that there had been no lawful compliance with the provisions of Section establishment of any fiduciary relationship between the Respondents and the seller of the property in question, and that Petitioner had not complied with the motion was reserved until argument was presented at the final hearing. At that time, the motion was denied for reasons which will be set forth in the Petitioner forwarded the Request for Hearings to this Division on July 1, 1981 and hearing was set for September 17, 1981. On August 27, 1981, Petitioner Oklahoma on September 9, 1981. Respondent filed objections to the said notice, together with a Motion For Protective Order, claiming that the notice period was depositions outside the State for use at trial. Respondent sought either to have the notice "stricken" or that a protective order be entered to require deposition or, alternatively, that the deposition testimony not be allowed in evidence at final hearing. The motion was denied by the Hearing Officer on At final hearing on September 17, 1981, Petitioner announced that the deposition of McNickle, an indispensable witness, had not yet been received. deposition as a late-filed exhibit, a continuance was granted until November 23, 1981, to permit receipt of the deposition and to afford Respondents an its taking in Oklahoma. Although the parties were afforded the opportunity to file Proposed herein, no post-hearing submissions have been filed.
Findings Of Fact times material to the complaint was registered as a real estate salesman with Investment Equity Corporation, Palm Beach Gardens, Florida. Respondent Joseph he was associated with Investment Equity Corporation during the times material to the allegations in the Complaint. (Testimony of Respondents) acre unimproved lots in a development called Palm Beach Country Estates located in Palm Beach County, Florida. The purchase price of each lot was telephoned Respondent Garrison and they thereafter had several telephone conversations which led to the sale of the three lots to Respondent Arbree. The found that Respondent Garrison's version is more credible. In the initial conversation, McNickle advised Garrison of his ownership of the three lots and to inspect the lots and advise him as to the distance to electrical power, the type of roads adjacent to the lots, and whether the lots were corner lots. and that he was interested in trying to get his money back from the company. There was no mention of the value of the lots or of listing the property for sale. Garrison inspected the lots and, in a subsequent telephone conversation with McNickle, informed him that the nearest electrical power was approximately 1-3/4 miles from the lot locations, that they were on a dirt road, and that none were corner lots. He also informed him that the lots were approximately fifty percent under water during the rainy season. During this conversation, Garrison told McNickle that he had an "associate" with Investment Equity who sometimes purchased such lots. McNickle asked him to see if he could obtain an offer on the lots. Garrison then asked Respondent Arbree if he desired to purchase the lots, and the latter agreed if he could obtain financing for the purchase. Arbree asked Garrison if there was a listing on the property and Garrison told him that there was not. The reason for this inquiry was that Arbree had in the past frequently made personal purchases of real estate and had disclosed his status as a real estate salesman on such contracts when the property was listed with a broker. A question had arisen in his office as to when licensed real estate personnel should disclose their status to sellers when buying on their own account. Arbree had resolved this question in his mind some time previously by telephoning the legal office of the Florida Real Estate Commission and receiving information from someone there that it was not necessary to make such disclosure if the property was not listed with a real estate office. (Testimony of Respondents, McNickle (Deposition-Petitioner's Exhibit 3), Petitioner's Exhibit 4-1, Respondents' Exhibits 1-4) On February 28, 1977, Respondent Arbree executed a deposit receipt contract whereby he agreed to pay McNickle $15,000.00 for the three lots. The contract originally provided for a $500.00 deposit evidenced by Arbree's promissory note to be held in trust by the Investment Equity Corporation, but this was later deleted by the parties at the request of McNickle, and a $500.00 check as deposit was placed in the Investment Equity Corporation Trust Account on March 10, 1977. The check was drawn on the account of J. V. Company and signed by both Respondents. J. V. Company was simply a bank account established by Arbree and Garrison sometime prior to the McNickle transaction to serve as a depository for funds which were generated through sales for their private account. Both signatures were required for issuance of checks. Originally, the funds in the account were exclusively those of Arbree and these were the funds used for the deposit and subsequent mortgage payments to McNickle. (Testimony of Respondents, Petitioner's Exhibits 1, 4-5, 4-9, 5) The deposit receipt contract was executed by Melvin F. McNickle and his wife on March 10, 1977. The contract provided that "The buyer hereby recognizes Investment Equity Corporation by separate agreement as the broker in this transaction". This provision made reference to the fact that in cases where associates of Investment Equity Corporation purchased property in their own name which was not listed with the firm, the firm broker did not require payment of any commission. On the other hand, if an associate sold his own property, whether or not listed with Investment Equity Corporation, office policy required that he pay the firm a three percent commission for overhead, escrow maintenance, and the like. The commission was payable directly to the company and not shared with any of the associates. McNickle did not enter into a listing contract with the firm nor did he pay a real estate commission on the sale. The real estate transaction closed on August 1, 1977. Warranty deeds, dated July 26, 1977, for each of the three lots were issued by McNickle to Arbree. (Testimony of Respondents, Brown, Petitioner's Exhibits 1, 4-3, 4-4, 4- 5) Garden lots and is familiar with the selling price places the top value on choice lots of $8,000.00 in 1977, and $4,000.00 to $5,000.00 if fill was Shortly after Arbree had contracted with McNickle for the sale of the lots, Arbree told Garrison that if the lots could be resold at a profit, he McNickle contract had been entered into, another associate at Investment Equity Corporation told Garrison that he had a prospect looking for vacant land, and prospect, Carl Doty, was contacted by Garrison and, on March 17, 1977, a contract for sale and purchase was entered into between Arbree and Doty for the Investment Equity Corporation as the broker and agreed to pay a commission of three percent of the gross sales price to the firm. This was in accordance with minimum commission for processing a sale of property owned by the associate. Garrison did not receive a commission on the sale, but did receive one half of Arbree. Warranty deeds were issued to Doty by Arbree on August 24, 1977. The proceeds of the sale were placed in the J. V. Company bank account. (Testimony This case was originally docketed in the Florida Real Estate Commission in September, 1978, but was not investigated until December, 1979. A prior to comply with the notice provisions of Chapter 120, Florida Statutes. (Testimony of Stephens) Petitioner's proposed disciplinary action against both Respondents is predicated upon their alleged failure to disclose to the seller of the lots in Petitioner, and that Respondent Garrison had or would have a financial interest in the said property upon its purchase. The said nondisclosure is alleged to trick or device, breach of trust", and that thereby each Respondent "has aided, assisted or conspired with another in furtherance thereof, all in violation of subsequently reenacted and renumbered (Subsection 475.25(1)(b), F.S. (1981)), the provisions of the cited ground for disciplinary action have remained the penalties. The evidence in this case falls short of the standard required under (Fla. 1st DCA 1981), i.e., that in a proceeding which "may result in the loss of a valuable business or professional license, the critical matters at issue must Here, the fact that the real property in question was not the subject of a listing contract with Respondents' firm, Investment Equity Corporation, raises commission was paid to Respondent Garrison or to the firm by the seller, nor was any expected. Respondents and their broker treated the transaction as a private Respondents misled McNickle in any respect. Garrison made it clear at the outset that Arbree was his associate in the firm and was acting in his own behalf. The circumstances demonstrate that Garrison was acting as a gratuitous "middle man" for the benefit of both parties. The offer of Arbree, which was accepted by McNickle, was not unreasonable in the light of the location of the lots and other relevant considerations bearing on market value. The evidence shows that the McNickle lots were purchased solely with Arbree's funds, even though the checks issued for the deposit and several mortgage payments were drawn on the "J. V. Company" account which had been used in a limited fashion in the past by both Respondents in real estate ventures. No competent evidence was presented to show that Respondent Garrison had acquired a financial interest in the Arbree-McNickle transaction. On the contrary, the evidence establishes that subsequent purchaser Doty was made known to Garrison as a prospective purchaser of the lots only after the purchase contract between Arbree and McNickle had been executed, and that Respondents had not agreed to split any profits in a resale until that time. It is undoubtedly true that if Investment Equity Corporation had had a broker-principal fiduciary relationship with McNickle, the duties resulting therefrom would have also been imposed upon Garrison as a salesman, and he would have been obliged to disclose to McNickle the circumstances concerning his subsequent interest in the resale to Doty. This was not the case, however, and no such duty can be found in the light of the existing circumstances. Although it is recognized that a registrant can violate Subsection 475.25(1)(a), F.S. (1977) for dishonest conduct in a business transaction for his own account, as well as for such conduct in which his only interest is as a broker (or salesman) Sellars v. Florida Real Estate Commission, 380 So.2d, 1052 (Fla. 1st DCA 1979), the evidence here is insufficient to so characterize Respondents' conduct. It is therefore concluded that Petitioner has failed to establish that Respondents violated Section 475.25(1)(a), F.S. as alleged. Although the foregoing conclusion renders it unnecessary to deal with Respondents' various claims concerning Petitioner's failure to accord them procedural rights in the prehearing process, it is considered that the amendment to Section 120.60(6), F.S. by Chapter 81-180, Laws of Florida, effective July 1, 1981, renders any defense based on the prior Section 120.60(6)(1979) no longer available. Additionally, Respondents' contentions that this proceeding is barred by the statute of limitations applicable to criminal prosecutions or by statutory laches are not well founded. Finally, Respondents did not establish any failure of Petitioner to comply with the applicable provisions of Chapter 455, Florida Statutes, in processing this case.
Recommendation It is recommended that the Board of Real Estate dismiss the allegations against Respondents Gary D. Garrison and Joseph M. Arbree. DONE and ENTERED this 6th day of January, 1982, in Tallahassee, Florida. Division of Administrative Hearings The Oakland Building Tallahassee, Florida 32301 (904) 488-9675 Division of Administrative Hearings this 6th day of January, 1982. Harold M. Braxton, Esquire 45 Southwest 36th Court Salvatore A. Carpino, Esquire Department of Professional 130 North Monroe Street Tallahassee, Florida 32301 611 North Pine Hills Road Orlando, Florida 32808 Assistant General Counsel Department of Professional 130 North Monroe Street Tallahassee, Florida 32301 Executive Director Florida Board of Real Estate Orlando, Florida 32802
