STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ARTHUR RESNICK )

d/b/a Art's TV Service, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1998

)

DEPARTMENT OF BUSINESS )

REGULATION, DIVISION OF )

GENERAL REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This cause came on for hearing before the Division of Administrative Hearings' duly designated Hearing Officer, James E. Bradwell, on December 21, 1976, in Miami, Florida pursuant to a Notice to Show Cause filed by the Respondent against the Petitioner requesting that he introduce any and all evidence which would warrant a new consideration by the Division Director's action in denying him a registration certificate as an electronic service dealer.

APPEARANCES

For Petitioner: No appearance

For Respondent: Lawrence D. Winson, Esquire

Department of Business Regulation Division of Beverage

The Johns Building Tallahassee, Florida 32304

1. The Notice of Registration Denial alleged in pertinent part that the Petitioner was guilty of false and deceptive advertising within the meaning of Section 468.159(1)(a); operating without a registration in violation of 468.155 and 468.159(1)(a); making false statements so as to influence the public into authorizing repair and service or maintenance of equipment in violation of 468.159(1)(b) and that pursuant to Section 468.155, Florida Statutes, that the Petitioner, by virtue of activities made know to the Director, is not of good moral character, to wit;

   
   

   1. adjudication of guilt on three counts of theft by deception involving the repair of television sets in Pennsylvania and,

      
      

   2. by providing a false answer on his application for registration submitted to the Bureau.

   
   

2. As substantiated by the testimony of Messr. Hughes, an employee in the Department of Business Regulations since approximately 1973, evidence adduced at

   the hearing reveals that the Petitioner caused to be advertised in the POMPANO SHOPPER, THE COUNTY NEWS AND SHOPPER'S GUIDE, serving Deerfield and surrounding communities and the QUAD CITY NEWS, which serves Margate, Coconut Creek, Coral Gables and North Lauderdale, advertisements which would lead the public into believing that Art's TV Services was registered with the Bureau of Electronic Repair Dealer Registration when, in fact, it was not. The ads were accompanied by the license registration of Flesco's TV Repair, i.e., State License No. 6039. Evidence reveals further that Petitioner was asked to disclose on his application for registration which was filed with the Bureau on or about October 8, 1976 whether or not he had been convicted of a felony, misdemeanor, or any infraction other than traffic violations to which Petitioner answered "No".

   (See State's Exhibit No. 12.) Evidence introduced during the hearing reveals that Petitioner has been convicted of three counts of theft by deception by the Court of Common Pleas in Montgomery County, Pennsylvania on or about February 4, 1976. (See State's Exhibit No. 9.) Evidence further reveals that, based on a search of the records contained by the Bureau, the custodian found no records which would indicate that the Petitioner has ever registered with the Bureau as an electronic repair dealer as provided for in Chapter 468, Sections 155 and 156, Florida Statutes. (See State's Exhibit No. 11.)

   
   

3. William C. Kimberl, Jr., Director, Division of General Regulations, Department of Business Regulations, considered the Petitioner's application and the other personnel data based on the agency's investigation including Petitioner's arrest record and the omissions of data concerning his arrest and convictions and concluded that the acts and conduct by the Petitioner, including the omissions of evidence, was good and sufficient cause for him, pursuant to Section 468.155 and/or 468.159(1), Florida Statutes, to deny Petitioner a registration certificate as an electronic service dealer.

   
   

4. Chapter 468.159(1), F.S. authorizes the Division to refuse to validate

   . . . the registration of a service dealer who authorizes any statement on an advertisement which is true or misleading and which is known, or which by the exercise of reasonable care should be known . . . commits any other act which constitutes fraud or dishonest dealing or fails in any material respect to comply with the provisions of this part or regulations adopted pursuant thereto. Based on the foregoing, it is found that the Petitioner is guilty of false and deceptive advertising within the meaning of Ch. 468.159(1)(a); operated without a registration in violation of Ch. 468.155 and 468.159(1)(a), F.S.; and made false statements so as to influence the public into authorizing repair within the meaning of Ch. 468.159(1)(b). Additionally, by his omission of convictions contained in his application for registration filed with the Division, lends support for the conclusion that he is not of good moral character.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.

   
   

6. The acts and conduct the Petitioner in operating without a registration; advertising in a leading and deceptive manner, making false statements as an inducement to the public to authorize repair and his failure to answer truthfully to certain questions on his sworn application for registration is good and sufficient cause for the Director of the Department of Business Regulation, Division of General Regulations to deny the Petitioner a registration certificate as an electronic service dealer.

RECOMMENDATION

Based upon the finding of facts and conclusions of law recited above, it is recommended that the agency's action in denying the Petitioner's application for registration as an electronic service dealer be sustained.

DONE and ENTERED this 18th day of February, 1977, in Tallahassee, Florida.

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

(904) 488-9675

COPIES FURNISHED:

Lawrence D. Winson, Esquire Department of Business Regulation Division of Beverage

The Johns Building Tallahassee, Florida 32304

William C. Kimberl, Director Division of General Regulation Department of Business Regulation The Johns Building

Tallahassee, Florida 32304

Mr. Arthur Resnick Pompano Beach Club Towers

111 Briny Avenue, Apt. 1105 Pompano Beach, Florida 33062

Docket for Case No: 76-001998

Orders for Case No: 76-001998