STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION ) ex rel. CORNELIUS RAGAN, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1342

) PROGRESS DOCKET NO. 2675

JOHN J. HURLEY, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer K. N. Ayers, held a public hearing in the above styled cause on March 25, 1976 at Miami, Florida.

APPEARANCES

For Petitioner: Richard J. R. Parkinson III, Esquire,

Associate Counsel,

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789,

For Respondent: John J. Hurley

7250 S. W. 83rd Street Plaza Miami, Florida, 33143

By Information filed May 6, 1975, the Florida Real Estate Commission seeks to revoke the registration of John J. Hurley, Respondent, on the grounds that he received a certificate of registration by means of concealment in violation of Section 475(2) F.S. The Information alleges that Respondent failed to include three arrests in answer to question nine on his application regarding whether or not he had ever been arrested or charged with the commission of any offense including traffic offenses. One witness testified on behalf of the Commission and four exhibits were admitted into evidence. Respondent acknowledged that he was a registered non-active registrant and testified in his own behalf.

FINDINGS OF FACT

1. In his application for registration as a real estate salesman John J. Hurley, Respondent, answered "yes" to question nine regarding arrest, and completed the "State details in full" space with "speeding ticket in January, 1973; paid fine; other misc. non-moving traffic violations."

   
   

2. Exhibits 2, 3, and 4 showed that in August, 1963 Respondent was charged with conspiracy to commit a robbery and accessory after the fact to robbery; in February, 1964 he was arrested for armed robbery; in August, 1965 he was arrested for grand larceny.

3. In testifying in his own behalf Respondent acknowledged that the allegations of arrests were true and that he realizes that he should have truthfully answered question nine. In explanation for failing to do so Respondent stated this was a chapter of his life that caused him great embarrassment and problems and at the time he submitted his application he could not have written of those arrests.

   
   

4. With respect to the first two arrests in 1963 and 1964 he was the victim of Captain David Helman, a Miami detective who was subsequently removed from the police force for committing robberies and pinning them on others. Respondent was acquitted of both of those charges and they caused him difficulties

   and embarrassment for many years.

   
   

5. With respect to the charge of grand larceny in 1965 Respondent acknowledged stupidity in believing his friend who told him he had bought the TV set from the motel. When brought to trial he pleaded guilty to petit larceny and adjudication of guilt was withheld.

   
   

6. Respondent has never activated his real estate salesman's registration. He owns a bookstore in Coral Gables and serves on the board of directors of his church. He holds an insurance salesman's license and a security salesman's license issued by the SEC.

   
   

7. Following his acquittal and withhold adjudication of guilt he discussed the matter with his attorney and, as a result of the discussion, he felt he could henceforth decline to elaborate on that chapter of his life.

   
   

   CONCLUSIONS OF LAW

   
   

8. Respondent is charged with having obtained his registration by means of fraud, misrepresentation or concealment. Section 475.25(2) F.S. provides in pertinent part:

   
   

   "The registration of a registrant shall be revoked

   if such registration, or a certificate issued thereon is found to have been obtained by the registrant by moans of fraud, misrepresentation, or concealment

   
   

9. Section 475.17 Florida Statutes in listing the qualifications of applicants for registration provides in part:

   
   

   If it shall be made to appear . . . that the applicant has been guilty of conduct of practice in this state which would have been grounds for revoking or suspending registra- tion under this chapter had the registrant

   been registered, the applicant shall be deemed to be not qualified . .

   
   

10. Grounds for revocation or suspension of a license are contained in

    475.25 F.S. which provides in part that a registration may be suspended if the registrant has:

    
    

    "(e) Been guilty of a crime against the laws of this state or any other state or of the

    United States, involving moral turpitude, or fraudulent or dishonest dealings; .

    
    

11. The offenses for which Respondent was arrested, as well as the one offense for which he was found guilty, involved moral turpitude and could have disqualified him from obtaining his registration. Since he failed to disclose that information it may properly be said that he obtained his registration by means of concealment. Pursuant to the mandatory provision of 5475.25(2) F.S. above quoted his registration must be revoked.

    
    

12. Respondent presented evidence to demonstrate that he is fully rehabilitated and is a fit person to hold a certificate of registration as a real estate salesman. It is therefore

RECOMMENDED that John J. Hurley's certificate of registration as a non- active real estate salesman be revoked. It is further

RECOMMENDED that John J. Hurley be allowed to reapply for registration without taking the examination for certification as real estate salesman.

DONE and END this 23rd day of April, 1976 in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 75-001342

Orders for Case No: 75-001342