STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-667

) P.D. NO. 3184

LAWRENCE R. COLE, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard on July 28, 1977, in the Offices of the Florida Real Estate Commission at 2699 Lee Road, Winter Park, Florida, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case was presented upon the Administrative Complaint filed by the Florida Real Estate Commission against Lawrence R. Cole which alleged that Cole had obtained his registration as a Florida Real Estate salesman by means of fraud, misrepresentation or concealment in violation of Section 475.25(2), Florida Statutes, in that Cole had failed to reveal on his application for registration that he had been arrested. The issue was whether Cole answered Question 6 on his application incorrectly with the intent to obtain his license by fraud, misrepresentation or concealment.

APPEARANCES

For Petitioner: Vaughan David Hulse, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida

For Respondent: Lawrence R. Cole in his own behalf

c/o Leslie L. White 1924 Courtland Street

Orlando, Florida 32810 FINDINGS OF FACT

1. Lawrence R. Cole is a registered real estate salesman holding License No. 0158609 issued by the Florida Real Estate Commission.

   
   

2. Lawrence Cole filed applications with the Florida Real Estate Commission for licensure as a real estate salesman on May 14, 1974; January 10, 1975; April 11, 1975; and December 31, 1975. On Cole's initial application he answered Question 6 indicating that he had been arrested for reckless driving in December, 1972 in Longwood, Florida; for improper "U" turn in February, 1974 in Winter Park, Florida; and for tailgating in February, 1974 in Orlando, Florida. Cole's answer to Question 6 on his second application referenced his answer to Question 6 on his first application. His answer to Question 6 on his third

   application was "no", and his answer to Question 6 on his fourth application was "speeding, improper turn, W. P. careless driving, Orlando."

   
   

3. Through the fingerprint card filed by Cole, a check of Cole's arrest record was made in the files of the Federal Bureau of Investigation. Harold Mooney, an investigator for the Florida Real Estate Commission, wrote the appropriate officials and custodians of the record in the jurisdictions where the files of the Federal Bureau of Investigation indicated Cole had been arrested. Mooney requested from the custodians of the records, copies of the records of Cole's arrests. Information was received by Mooney from the Municipal Court for San Jose-Milpitas Judicial District and the Superior Court of California for the County of Los Angeles. Mooney identified Exhibits 2, 3, 4 and 5 as copies of records which he had received in response to his inquiries about Lawrence Raymond Cole.

   
   

4. These records, Exhibits 2, 3, 4 and 5, reveal that Lawrence R. Cole was arrested on March 7, 1972, bound over for trial on April 14, 1972 and his probation for possession of amphetamine of August, 1972, was modified in September, 1975, in the State of California. Cole wad aware of all these events, and all these events took place prior to filing his initial application except the modification of his probation. These records, specifically page 2 of Exhibit 4, indicate that possession of amphetamines is a felony in the State of California, and that Lawrence Cole was placed on probation for a period of two years from September 23, 1975 for having been determined to be guilty of possession of amphetamines.

   
   

   CONCLUSIONS OF LAW

   
   

5. Cole is charged with violation of Section 475.25(2), Florida Statutes, by having obtained his registration by fraud, misrepresentation, or concealment through failing to fully and correctly answer Question 6 on his application filed with the Florida Real Estate Commission for licensure as a real estate salesman. The evidence presented proves that Lawrence Cole, the registrant, was arrested in California for drunken driving and possession of amphetamines, that he was bound over to the Superior Court of Santa Clara County, California, by the Municipal Court of the San Jose-Milpitas Judicial District, and having been found guilty of possession of amphetamines, Cole was placed on two years probation for that offense by the Superior Court of Santa Clara County, California. Cole did not reveal this information on his application.

   
   

6. Cole's arrest in March of 1972 was only ten months prior to his arrest for reckless driving in Longwood, Florida, which he did report. The fact that he reported the minor traffic offenses but failed to report the felony arrest and conviction leads to the conclusion that Cole intended to conceal his arrest record in California. Because the offense for which Cole was arrested and subsequently placed on probation was a felony, it bears directly upon Cole's good character. The failure to disclose the arrest and probation denied the Florida Real Estate Commission the opportunity to require Cole to present further evidence as to his good character. Therefore, Cole obtained his licensure by concealment contrary to the provisions of Section 475.25(2), Florida Statutes.

RECOMMENDATION

Based, upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission revoke the registration of Lawrence R. Cole as a registered real estate salesman.

DONE and ORDERED this 12th day of August, 1977, in Tallahassee, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Vaughan David Hulse, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Lawrence R. Cole c/o Leslie L. White

1924 Courtland Street

Orlando, Florida 32810

Docket for Case No: 77-000667

Orders for Case No: 77-000667