STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLES F. BORER, FLORIDA )

REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-236

)

JAN TOMAS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to proper notice final hearing was held in this matter on May 19, 1976, in Tampa, Florida. Richard J.R. Parkinson, Esquire, Associate Counsel, Florida Real Estate Commission appeared on behalf of Petitioner. No one appeared on behalf of Jan Tomas, Respondent. The purpose of this final hearing was to determine whether the Florida Real Estate Commission should take disciplinary action against Jan Tomas as the holder of a real estate broker certificate.

Having considered all evidence and testimony herein as well as all pleadings filed, the undersigned Hearing Officer finds as follows:

FINDINGS OF FACT

1. Jan Tomas is and was at all times pertinent hereto the holder of real estate broker registration certificate No. 0089450 from the Florida Real Estate Commission.

   
   

2. The pleadings in this case show that on April 21, 1976, a Notice of Hearing was mailed to Jan Tomas by the Florida Real Estate Commission at two addresses; the first being Post Office Box 10887, Tampa, Florida 33609 and the second address being 364 Candler Park Drive, N.E., Atlanta, Georgia 30307.

   This Notice of Hearing was for hearing to be held on May 19, 1976, the date of the final hearing herein. This Notice was received by Jan Tomas as evidenced by the letter marked Exhibit 6 to Delphene C. Strickland, the then assigned Hearing Officer in this cause.

   
   

3. On March 22, 1974, Jan Tomas applied for renewal of his certificate of registration as an active real estate broker. In his application he listed his business address and residence address as 417 A E Hanlon Street, Tampa, Florida 33604. Tomas was issued renewal certificate No. 099351 at the foregoing address which certificate expired September 30, 1975.

   
   

4. By application dated February 7, 1975, Jan Tomas applied for a renewal of his active broker registration certificate setting forth his business and residence address as 105 South Hale, Tampa, Florida 33609. Pursuant to that application he was issued renewal certificate No. 207246 at the foregoing address which certificate expired September 30, 1975.

5. At no time during 1974 or 1975 did Jan Tomas occupy the premises located at 417 A E Hanlon Street, Tampa, Florida either in a business capacity or in a residential capacity.

   
   

6. Throughout 1974 and 1975, 105 South Hale, Tampa, Florida was a vacant lot. At no time during 1974 or 1975 did Jan Tomas maintain a business or residence at 105 South Hale, Tampa, Florida. Nor, during 1974 or 1975 did Jan Tomas maintain a business or residence at 103, 104 or 107 South Hale, Tampa, Florida.

   
   

   CONCLUSIONS OF LAW

   
   

7. Jan Tomas was properly noticed of this proceeding.

8. Section 475.25(2), Florida Statutes, provides that: "The registration of a registrant shall be

   revoked if such registration, or a certificate

   issued thereon, is found to be obtained by the registrant by means of fraud, misrepresentation, or concealment. . ."

   
   

   Rule 21V-10.07, Florida Administrative Code, requires each active broker to have an office and further requires the address of that office to be registered with the Florida Real Estate Commission. It also requires that the office consist of at least one enclosed room or building of stationary construction.

   
   

9. Jan Tomas obtained the registration certificate referred to in the findings of fact above by misrepresentation when he falsely stated his business address in the applications therefor.

RECOMMENDED ORDER

It is, therefore RECOMMENDED that the registration as a real estate broker of Jan Tomas be revoked.

ENTERED this 2 day of August, 1976, in Tallahassee, Florida.

CHRIS H. BENTLEY, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Jan Tomas

P. 0. Box 10887

Tampa, Florida 33609

Jan Tomas

364 Gandler Park Drive, Northeast Atlanta, Georgia 30307

Jan Tomas

184 Beachwood Avenue Torrington, Conn. 06790

Richard J.R. Parkinson, Esquire Associate Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Docket for Case No: 76-000236

Orders for Case No: 76-000236