Shelton v. Florida Real Estate Commission, 1625

• Decision Date: 22 June 1960
• Docket Number: No. 1625,1625
• Parties: John W. SHELTON, Petitioner, v. FLORIDA REAL ESTATE COMMISSION and Thomas J. Bermingham, Respondents.
• Court: Florida District Court of Appeals

Page 711

121 So.2d 711

John W. SHELTON, Petitioner, v. FLORIDA REAL ESTATE COMMISSION and Thomas J. Bermingham, Respondents.

No. 1625.

District Court of Appeal of Florida, Second District.

June 22, 1960.

Caldwell, Pacetti, Robinson & Foster, West Palm Beach, for petitioner.

Benjamin T. Shuman, Winter Park, and Robert H. Threadgill, Orlando, for respondents.

KANNER, Judge.

The registration of John W. Shelton as a real estate broker was suspended by the Florida Real Estate Commission for a period of thirty days, the period of suspension to commence and run concurrently with another order entered against him by the commission. This penalty emanated from Shelton's refusal to return upon demand certain deposit money received under contract for purchase of real estate. Shelton has instituted this certiorari proceeding for review of the order of suspension.

It is provided under section 475.25(1)(c), Florida Statutes, F.S.A., that the Florida Real Estate Commission may suspend a registered broker for a period not exceeding two years upon a finding of fact that he has 'Failed to account or deliver to any person any personal property such as money, fund, deposit, check, draft, * * * which has come into his hands, and which is not his property, or which he is not in law or equity entitled to retain, under the circumstances, * * * upon demand of the person entitled to such accounting and delivery; provided, however, that, if the registrant shall, in good faith, entertain doubt as to his duty to account and deliver said property, or as to what person is entitled to the accounting and delivery, or if conflicting demands therefor shall have been made upon him, * * * he may notify the commission promptly, truthfully stating the facts, and ask its advice thereon, or after notice thereof to the commission, shall promptly submit the issue to arbitration by agreement of all parties, or interplead the parties, or otherwise seek an adjudication of the question, in a proper court, and shall abide, or offer to perform, the advice of the commission or the orders of the court, or arbitrators, no information against him shall be permitted to be maintained; * * *.'

The statutes regulating the activities of real estate brokers in their business were designed for the protection of the public and the safeguarding of persons who deposit their money and place their trust in the hands of real estate brokers. Ahern v. Florida Real Estate Commission, 1942, 149 Fla. 706, 6 So.2d 857; and Shelton v. Florida Real Estate Commission, Fla.App.1960, 120 So.2d 191. A disciplinary proceeding authorized under Chapter 475 against a real estate broker is a matter of public interest and should be dealt with as such rather than as a controversy between private individuals. Curry v. Shields, Fla.1952, 61 So.2d 326. These principles have resulted from the privileged position occupied by real estate brokers and the monopoly they enjoy to engage in a lucrative business. See Zichlin v. Dill, 1946, 157 Fla. 96, 25 So.2d 4; and Chisman v. Moylan, Fla.App.1958, 105 So.2d 186.

In the present case, the charge arose from a real estate transaction negotiated by Shelton as broker with a Mr. and Mrs. Keyes as buyers and B C C Corporation as the...