STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, ) JACK KING, REPRESENTATIVE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-848

) PROGRESS DOCKET NO. 2676 HAROLD NORMAN ROSENBLATT, ) BROWARD COUNTY

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the above cause came on for hearing before the Division of Administrative Hearings' duly designated Hearing Officer, James E. Bradwell at the Florida Real Estate Commission's Office at Las Olas Building, 305 South Andrews Avenue, Ft. Lauderdale, Florida, on July 2, 1976.

APPEARANCES 1/

For Petitioner: Manuel E. Oliver, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32709

1. At the outset of the hearing, the commission's counsel introduced a certificate indicating that the Respondent is a salesman registered with the commission and his status as of the date of the hearing was a nonactive salesman effective through March 31, 1977. (See Commission's Exhibit number 1 received into evidence and made a part hereof by reference).

   
   

2. On or about May 6, 1975, the Commission caused to be issued an information alleging that the Respondent as of August 26, 1974, was registered as a salesman; that on or about March 13, 1974, the Respondent filed with the commission his sworn application for registration as a real estate salesman and included therein he answered "no" to question 9 of said application which in essence inquired of the Respondent's arrest record or charges of an offense of any municipality including traffic offenses, etc. As stated, the Respondent answered no to question 9 on the aforesaid application and his application was approved and he was registered as a non-active real estate salesman.

   
   

3. Pursuant to the Commission's background investigations, it was later determined that the Respondent was arrested on or about April 23, 1968, by the Police Department of West Palm Beach, Florida, on a charge of petty larceny for which he was adjudicated guilty and sentenced sixty dollars or twelve days in jail. 2/

   
   

4. As stated, the Respondent did not appear at the hearing to present any evidence. Section 475.25(2), Florida Statutes, authorizes and gives the commission the authority to revoke the registration of a registrant who obtains

   his registration by means of fraud, misrepresentation, concealment, etc. It is clear from the evidence presented that the Respondent failed to reveal all of his arrest records in his sworn application for registration with the Florida Real Estate Commission. Based thereon, it is concluded that he obtained his registration by means of concealment within the meaning of Section 475.25(2), F.S.

   
   

   CONCLUSIONS OF LAW

   
   

5. This cause was noticed pursuant to the notice provisions of sections

120 and 475, F.S.

1. The commission has jurisdiction over this proceeding which is derived from Section 475, F.S.

   
   

2. The Respondent by reasons of his failure to reveal all of his arrest records as stated above, engaged in conduct violative of Section 475.25 (2), F.S.

RECOMMENDATIONS

By reason of the foregoing facts and conclusions, I hereby recommend that the Respondent's registration be revoked.

DONE and ENTERED this 24th day of August, 1976, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

ENDNOTES

1/ Although served with a copy of the Notice of Hearing in this cause, the Respondent did not appear at the hearing nor did any other representative appear on his behalf. See Commission's Exhibit number 2 received in evidence and made a part hereof by reference.

2/ A copy of the arrest record and court disposition was received into evidence and made a part hereof by reference. See Commission's Exhibit number 3.

COPIES FURNISHED:

Harold Norman Rosenblatt, Respondent 3731 Northeast 23rd Avenue

Pompano Beach Florida 32064

Robert A. Rosenblatt, Esquire

2550 Northwest 13th Street, number 126 Miami, Florida

Manuel E. Oliver, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Docket for Case No: 76-000848

Orders for Case No: 76-000848