STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, ) ROBERT F. ROBINSON, REP., )

)

Petitioner, )

)

vs. ) CASE NO. 75-1898

)

CHARLES LAWRENCE ROSS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, Hearing Officer with the Division of Administrative Hearings, at the offices of the Florida Real Estate Commission, Las Olas Building, Suite 210, 305 South Andrews Avenue, Ft. Lauderdale, Florida at 9:00 A.M., June 25, 1976. Notice of this hearing had been provided to the Respondent by the Petitioner, at the Respondent's last known address. This notice of hearing was by certified mail, return receipt requested, but the certified mail, notice of hearing, was returned as unclaimed. This return of the Notice of Hearing is shown in Petitioner's Exhibit "A", admitted into evidence. The Respondent did not appear at the hearing.

APPEARANCES

For Petitioner: Louis B. Guttmann, III, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789 ISSUE

Whether or not the Respondent, by his September 28, 1973, application for registration as filed with the Florida Real Estate Commission, and his answer to question 19 of such application, has shown that he does not have the necessary qualifications of honesty, truthfulness, trustworthiness and good character as required by 475.17(1), Florida Statutes, and furthermore is guilty of obtaining his registration by means of fraud, misrepresentation or concealment in violation of 475.25(2), Florida Statutes.

FINDINGS OF FACT

1. While in Puerto Rico, in 1971, the Respondent was charged with violation of Article 29, Drug and Narcotics Law, which charges were brought in the Superior Court of Puerto Rico, Court of Aguadilla. These case numbers were information numbers, G-71-54 and G-71-55. These charges were made on March 9, 1971 for alleged offenses which were committed on February 16, 1971. The information which shows these case numbers can be found in Petitioner's Exhibit "D", admitted into evidence. On March 10, 1971, the Respondent was found guilty

   of the offenses charged in cases G-71-54 and G-71-55. The record shows that in case no. G-71-54, the Respondent was convicted by a judgement entered on March 10, 1971. On April 14, 1971, in case number G-71-54 and case number G-71-55 the Superior Court, of Puerto Rico, Court of Aguadilla, sentenced the Respondent to a term of five to eight years in prison by confinement at hard labor, which sentences were suspended. By such suspension, the Respondent was committed to the legal custody of the court until the expiration of the maximum term of the sentence under certain general conditions for the Respondent's conduct, and was given a special condition that he contact the Florida Parole and Probation Commission, District Office, at Room 180, Courthouse, Ft. Lauderdale, Florida.

   The judgement in case number G-71-54 and the conditions of sentence may be found in Petitioner's Exhibit "F", admitted into evidence. The judgement in case number G-71-55 may be found in Petitioner's Exhibit "E" admitted into evidence.

   
   

2. On September 16, 1973, the Respondent completed an application for registration as a real estate salesman with the Florida Real Estate Commission, which application was completed under oath. Within that application for registration is found a question number "9". This question reads as follows:

   
   

   "9. Have you ever been arrested for or charged with the commission of an offense against the laws of any municipality, state or nation including traffic offenses, without regard to whether sentence has been passed

   or served, or whether the verdict or judgement has been reversed or set aside or not, or pardon or parole granted?"

   
   

   to which the Respondent replied, "yes". Question nine further stated, "if yes state details in full", to which the Respondent replied, "(see attached statement)". The attachment spoken of is found in the Petitioner's Exhibit "C", and this attachment sets forth the Respondent's explanation of his answer to the initial part of question nine.

   
   

3. Subsequent to the completion of the form the Respondent was registered with the Florida Real Estate Commission as a real estate salesman, from February 21, 1974 through March 31, 1975. From May 8, 1975, up to, and including March 31, 1975, the Respondent has been accepted as a registrant, non-active real estate salesman.

   
   

   CONCLUSIONS OF LAW

   
   

4. It is concluded as a matter of law that the Petitioner has failed to show that the Respondent does not have the necessary qualifications of honesty, truthfulness, trustworthiness and good character which is required by 475.17(1), Florida Statutes or that the Respondent is guilty of obtaining his registration by means of fraud, misrepresentation or concealment in violation of 475.25(2), Florida Statutes. In reviewing the documents which were offered by the Petitioner and the explanation of the answer to question nine, as given by the Respondent, the Respondent is not found to have willfully mislead the Petitioner through his answer.

RECOMMENDATION

It is recommended that the Respondent be released from accountability under the charge found in the subject administrative complaint.

DONE and ENTERED this 20th day of July, 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:

Louis B. Guttmann, III, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Mr. Charles Lawrence Ross 3789 Southwest 41st Street Hollywood, Florida 33023

Docket for Case No: 75-001898

Orders for Case No: 75-001898