STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

)

RECOMMENDED ORDER

This case was heard on August 1, 1977, in Suite 103, Southeastern Building, 3314 Henderson Boulevard, Tampa, Florida, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This cause was presented upon an Administrative Complaint filed by the Florida Real Estate Commission against Ronald W. Hoffman which alleged in three counts that Hoffman had violated the provisions of Section 475.25(1)(d), Florida Statutes, by violating Section 475.25(1)(d), Florida Statutes and a fourth count which alleged that Hoffman's conduct in violating Section 475.25(1)(a) and (d) was such that he was in violation of Section 475.25(3), Florida Statutes. The issue presented is whether Hoffman is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealings, trick, scheme or device, or breach of trust in any business transaction contrary to the provisions of Section 475.25(1)(a), Florida Statutes, and by a continuing course of conduct in violation of Section 475.25(3), Florida Statutes.

APPEARANCES

For Petitioner: Bruce I. Kamelhair, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Mr. Ronald W. Hoffman appeared in

his own behalf 722 Lithia Road

Brandon, Florida 33511 FINDINGS OF FACT

1. Ronald W. Hoffman is a registered real estate salesman holding License No. 0137969 issued by the Florida Real Estate Commission. On April 10, 1975, and for approximately one year prior to that, Hoffman had been employed full- time by Pat Pausch Insurance and Realty, Inc. Hoffman while employed with Pausch executed a contract to purchase a home contingent upon Hoffman's qualifying for a Federal Housing Administration (FHA) loan in the amount of the purchase price. Hoffman made an application for an FHA loan through Stockton,

   Whatley, Davin & Company of Tampa, Florida. On that loan application Hoffman listed his employer as Handi-Man Company, 1211 King Arthur Court, Valisco, Florida. Hoffman listed Richard R. Watcki as his supervisor at Handi-Man, and stated that his salary was $14,000 per year.

   
   

2. Hoffman was not employed and had never been employed by Handi-Man Company. Richard Watcki was a friend of Hoffman, who Hoffman persuaded to falsely verify Hoffman's employment for the purpose of obtaining the FHA loan commitment. Based upon the false information provided by Hoffman and falsely verified by Watcki, and the concealment of Hoffman's actual employment, an FHA commitment was obtained. Pausch checked with Stockton, Whatley & Davin and determined that he was not listed as Hoffman's employer. Based upon Pausch's information Stockton, Whatley & Davin subsequently cancelled the FHA loan request.

   
   

   CONCLUSIONS OF LAW

   
   

3. The Commission has authority to take action against Hoffman and authority to adjudicate the allegations against Hoffman pursuant to the provisions of Chapter 475 and Chapter 120, Florida Statutes.

   
   

4. The four counts against Hoffman all arise out of the same transaction and that transaction, while it can be broken down into separate discrete parts, constitutes a single offense. Hoffman was clearly involved in a scheme to fraudulently and falsely misrepresent his financial status in order to obtain an FHA loan commitment. The false statements on his loan application, his concealment of his actual employment and his persuading Watcki to falsely verify his employment were all parts of that scheme to obtain the loan commitment.

   
   

5. The evidence shows that Hoffman did make false statements, did conceal information, and did conspire with Watcki to falsely verify information given by Hoffman. This was done with the purpose of obtaining a loan commitment on a house Hoffman was attempting to purchase. These actions constitute a clear violation of Section 475.25(1)(a), Florida Statutes. The scope of the scheme and the lengths to which Hoffman went to carry it out do indicate a course of conduct which shows that Hoffman is so dishonest and an untruthful that he cannot be trusted with the money, property, transactions and rights of investors or those with whom he may sustain a confidential relationship. Hoffman is therefore in violation of Section 475.24(3), 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 Ronald W. Hoffman as a registered real estate salesman.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 15th day of August, 1977.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 15th day of August, 1977.

COPIES FURNISHED:

Bruce I. Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Mr. Ronald W. Hoffman 722 Lithia Road

Brandon, Florida 33511

================================================================= AGENCY FINAL ORDER

================================================================= FLORIDA REAL ESTATE COMMISSION

FLORIDA REAL ESTATE COMMISSION,

An Agency of the State of Florida,

Petitioner, PROGRESS DOCKET NO. 3140 HILLSBOROUGH COUNTY

vs. CASE NO. 77-679

RONALD W. HOFFMAN,

Respondent.

/

FINAL ORDER

At a regular meeting of the Florida Real Estate Commission held at its Executive Headquarters in Winter Park, Florida on September 22, 1977.

APPEARANCES

PRESENT: Maggie S. Lassetter, Chairman

Levie D. Smith, Jr., Vice Chairman Arthur N. Hamel, Member

APPEARANCES: Bruce I. Kamelhair, Esquire

Attorney for Petitioner

This matter came on for Final Order upon the Petitioner's Administrative Complaint, the Hearing Officer's Recommended Order, the Petitioner's Exceptions thereto, together with the record and oral argument by counsel for the Petitioner, and the Commission having fully reviewed the entire record, the Findings of Fact and Conclusions of Law in the Recommended Order, and the Commission fully advised in the premises finds:

1.

That according to the records of the Florida Real Estate Commission Respondent Ronald W. Hoffman is registered with the Commission as a real estate broker, 722 Lithia Road, Brandon, Florida 33511.

2.

Petitioner's exceptions to the Hearing Officer's Recommended Order are of a technical nature and well taken and should be adopted as they are supported by the record.

3.

That the Examiner's Findings of Fact, and Conclusions of Law are supported by competent and substantial evidence in the record and should be adopted by the Commission.

IT IS THEREFORE ORDERED that the Findings of Fact, and Conclusions of Law of the Hearing Officer, exception as noted above, are hereby sustained and adopted as a Findings of Fact and Conclusions of Law and recommendation of the Commission.

IT IS FURTHER ORDERED that Respondent Ronald W. Hoffman be, and is hereby, judged guilty of violating Subsection 475.25(1)(a), and 475.25(3), Florida Statutes, as charged in the Administrative Complaint.

IT IS FURTHER ORDERED that the registration of Ronald W. Hoffman be, in the same is hereby revoked, said revocation to become effective upon the effective date of this Order as provided by law.

DONE and ORDERED at Winter Park, Florida this 26th day of September, 1977.

M. S. Lassetter Chairman

P. D. Smith, Jr. Vice Chairman

A. N. Hamel Member

I CERTIFY that I mailed a copy of the foregoing Final Order to Mr. Ronald

W. Hoffman, 722 Lithia Road, Brandon, Florida 33511, by United States registered mail this 26th day of September, 1977.

H. Hadly/for Executive Director

NOTICE TO RESPONDENT:

This Order shall become effective upon the 26th day of October, 1977. You have a right to review by an Appellate Court, if you desire.

Docket for Case No: 77-000679

Orders for Case No: 77-000679