STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-2142

)

WILLIAM J. WINDSOR, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings at 2:00 p.m. at 1919 Beachway Road, Conference Room, Jacksonville, Florida, February 23, 1977.

Joseph C. Black, Esquire had made an appearance as attorney for the Respondent, William J. Windsor, but did not attend the hearing due to illness. The Respondent, William J. Windsor, was given an opportunity to have the hearing rescheduled so that his attorney might attend; however, Mr. Windsor declined that opportunity and the hearing was held as scheduled.

APPEARANCES

For Petitioner: Frederick H. Wilsen, Esquire

2699 Lee Road

Winter Park, Florida 32789

For Respondent: William J. Windsor,

c/o Watson Corporation of Jacksonville 6206 Atlantic Boulevard

Jacksonville, Florida

ISSUE

1. Whether or not the Respondent, William J. Windsor, should have his real estate license no. 0158593 revoked or suspended, or otherwise subject to discipline, for the answers given to question six in the application of the Respondent, William J. Windsor, for registration as a real estate salesman filed with the Petitioner, Florida Real Estate Commission, which answer allegedly caused the Respondent, William J. Windsor, to obtain his registration by means of fraud, misrepresentation and concealment, in violation of 475.25(2), F.S.; and further for allegedly failing to fully and accurately answer inquires pertinent to his qualifications of honesty, truthfulness, trustworthiness, good character and good reputation for fair dealing as propounded, and is required by

   475.17 and 475.18, F.S. and would therefore be guilty of violations of 475.25(1)(d), F.S.

   
   

2. Whether or not the Respondent, William J. Windsor, should have his real estate license no. 0158593 revoked or suspended, or otherwise subject to discipline, for the answers given to question 15(a) in the application of the

Respondent, William J. Windsor, for registration as a real estate salesman filed with the Petitioner, Florida Real Estate Commission, which answer allegedly caused the Respondent, William J. Windsor, to obtain his registration by means of fraud, misrepresentation and concealment, in violation of 475.25(2), F.S.; and further for allegedly failing to fully and accurately answer inquires pertinent to his qualifications of honesty, truthfulness, trustworthiness, good character and good reputation for fair dealing as propounded, and is required by

1. and 475.18, F.S. and would therefore be guilty of violations of 475.25(1)(d) , F.S.

   
   

   FINDINGS OF FACT

   
   

   1. The Respondent, William J. Windsor, is now and at all times material to the complaint was a registered real estate salesman with the Florida Real Estate Commission and is and was so operating and registered in the employ of Watson Corporation of Jacksonville, 6206 Atlantic Boulevard, Jacksonville Florida.

      
      

   2. The application of the Respondent, William J. Windsor, for registration as a real estate salesman was subscribed and sworn to on January 14, 1976, and filed with the Florida Real Estate Commission on January 15, 1976. The Florida Real Estate Commission approved the application for William J. Windsor to become a real estate salesman on February 3, 1976.

      
      

   3. The application for registration as a real estate salesman contained within it a question no. 6 which provides as follows:

      
      

      "6. 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 offences (but not parking, speeding, inspection or signal violations), without regard to whether convicted, sentenced, pardoned or paroled?"

      
      

      The Respondent, William J. Windsor, answered this question no.6 in the negative by placing the word "no" in the space provided.

      
      

   4. At the time of the execution of this application, the Respondent, William J. Windsor, knew or should have known that his answer to question six was false and untrue since he had failed to disclose and explain certain charges and arrests.

      
      

   5. The first matter was an arrest on September 11, 1973, by the Sheriff's office of St. Johns County, Florida under dockets no. 73-626, 73-626A and 73- 626B, three charges of the offense of "issuing a worthless check".

      
      

   6. The Respondent, William J. Windsor, also failed to reveal an arrest of October l8, 1973, by the Sheriff's office, St. Johns County, Florida, case no. 121992, on a charge of "contempt of court".

      
      

   7. The Respondent, William J. Windsor, did not reveal an arrest on October 19, 1973, by the Sheriff's Office, Polk County, Florida, on charges of "embezzlement-misapplication of funds, making false reports and furnishing false statements". The Respondent, William J. Windsor, failed to reveal in his answer to question six, that an order was entered which withheld the adjudication of guilt and placed the Respondent, William J. Windsor, on probation for a period of five (5) years', and an order of restitution after he had entered a plea of

      nolle contendre to the offense of misapplication of funds (five counts), case no. CF-73-2357, Circuit Court, Florida, May 1, 1974, in the Circuit Court of the Tenth Judicial Circuit in and for Polk County. This plea was entered as an agent, officer, an employee of Mar-Bil Enterprises, Inc. The probation that was received was modified by orders of the committing court and a copy of those orders, whose contents are admitted as fact, may be found as Petitioner's Exhibits #1 & #2.

      
      

   8. In the subject application for registration as a real estate salesman, William J. Windsor, the Respondent, answered a question no. 15(a) which question provided as follows:

      
      

      "15(a). Has any license, registration, or permit to practice any regulated profession, occupation or vocation been revoked, annulled or suspended in this or any other state, province, district, territory, procession

      or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending?"

      
      

      The Respondent, William J. Windsor, answered this question 15(a) with the word "no", inserted in the place provided for response. At the time the Respondent, William J. Windsor, gave the answer to question 15(a), he knew or should have known that the answer was false and untrue since he had failed to reveal, disclose and fully explain the revocation of his contractor's license (RG- 00l2898) on January 8, 1975, by the Florida Construction Industry Licensing Board pursuant to Respondent-licensee, William J. Windsor, having pled guilty to eleven (11) charges of violation of 468.112, F.S., at a formal hearing held on December 20, 1974, Hillsborough County Courthouse, Tampa, Florida. A copy of the notice of revocation of the Respondents license held with the Florida Construction Industry Licensing Board, is Petitioner's Exhibit #3, admitted into evidence and accepted as fact. The date of this letter of notification is January 29, 1975.

      
      

   9. The Respondent, William J. Windsor, tried to explain his failure to answer questions 6 and 15(a) above, by stating that he had made numerous inquires of the Florida Real Estate Commission about the possibility of being granted a real estate salesman's license in view of his plea of nolle contendre and probation for the aforementioned offenses. The summary of the contact with the Florida Real Estate Commission, put concisely, would be that the Real Estate Commission did not foreclose the possibility of the Respondent being granted a real estate salesman's license; however, no one in the Florida Real Estate Commission office indicated that the Respondent would not be required to answer questions 6 and 15(a) completely. Respondent's Exhibit #1 is a copy of a letter of May 30, 1975, from the probation officer of the Respondent, addressed to the Florida Real Estate Commission This letter concerns the possibility of Respondent, William J. Windsor, obtaining a real estate salesman's license, and is a part of the contact which the Respondent had with the Florida Real Estate Commission.

CONCLUSIONS OF LAW

l0. The Division of Administrative Hearings has jurisdiction in this cause.

1. It is concluded as a matter of law that the Respondent William J. Windsor, by his answer to question no. 6 in the application has obtained his registration as a real estate salesman by means of fraud, misrepresentation and concealment, in violation of 475.25(2), F.S., by giving an untruthful answer to question when truthful answer would have caused the Petitioner to deny the application for registration. The Petitioner has failed to establish a violation of 475.25(1)(d), F.S., because the underlying basis of such allegation is premised upon language found in 475.17 and 475.18, F.S. and these latter sections only pertain to people who are applying as opposed to people who have been issued a license. Therefore, these latter sections may not serve as a basis for violating the registration of an individual who has been registered, even if that registration has been obtained by means of fraud, misrepresentation and concealment, as was established.

   
   

2. It is concluded as a matter of law that the Respondent, William J. Windsor, by his answer to question no. 15(a) in the application has obtained his registration as a real estate salesman by means of fraud, misrepresentation and concealment, in violation of 475.25(2), F.S., by giving an untruthful answer to question 15(a) when a truthful answer would have caused the Petitioner to deny the application for registration. The Petitioner has failed to establish a violation of 475.25(1)(d), F.S., because the underlying basis of such allegation is premised upon language found in 475.17 and 475.18, F.S. and these latter sections only pertain to people who are applying as opposed to people who have been issued a license. Therefore, these latter sections may not serve as a basis for violating the registration of an individual who has been registered, even if that registration has been obtained by means of fraud, misrepresentation and concealment, as was established.

RECOMMENDATION

It is recommended that the registration of the Respondent, William J. Windsor, as a real estate salesman, license no. 0158593, be revoked.

DONE AND ORDERED this 16th day of March, 1977, in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Frederick H. Wilsen, Esquire 2699 Lee Road

Winter Park, Florida 32789

William J. Windsor

c/o Warson Corporation of Jacksonville 6206 Atlantic Boulevard

Jacksonville, Florida

Joseph C. Black, Esquire 1106 Blackstone Building

Jacksonville, Florida 32202

Docket for Case No: 76-002142

Orders for Case No: 76-002142