STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1304

)

MICHAEL DIAMOND, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Ft. Lauderdale, Florida, before the Division of Administrative Hearings by its duly designated Hearing Officer, Robert T. Benton, II, on October 18, 1977.

APPEARANCES

For Petitioner: Mr. Louis B. Guttmann, III, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32739

For Respondent: Respondent appeared in propria persona.

By administrative complaint filed June 30, 1977, petitioner alleged that respondent "is guilty of concealment in obtaining his registration or certificate as a real estate salesman in violation of Subsection 475.25(2), Florida Statutes," in that he falsely answered "No" to the question on his application whether he had "ever been arrested for, or charged with, the commission of an offense against the laws of any municipality, state or nation including traffic offenses, without regard to whether convicted, sentenced, pardoned, or paroled?"

FINDINGS OF FACT

1. On November 18, 1976, the Real Estate Commission received respondent's application for registration as a real estate salesman. In answering the sixth question on the application form, respondent indicated that he had never been arrested for any offense.

   
   

2. In fact, respondent was arrested for driving while intoxicated in Ft. Lauderdale and was convicted of this offense in municipal court on September 22, 1960. On April 3, 1962, he was convicted in municipal court of assault and battery on the person of Jill Boyd an offense for which he was arrested in Ft. Lauderdale on March 27, 1962. He was arrested a second time for driving while intoxicated in Ft. Lauderdale and was convicted of this offense in municipal court on February 28, 1967. On still other occasions, respondent was arrested for public intoxication and for traffic offenses.

3. Before submitting his application for registration as a real estate salesman, respondent enrolled at the Florida Real Estate Academy for a five day crash course. An instructor told his class that the Real Estate Commission checked only five years back for arrests.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 475.25(2), Florida Statutes (1975), provides that the "registration of a registrant shall be revoked if such registration. . .is found to have been obtained. . .by means of fraud, misrepresentation, or concealment.

. ." When respondent answered "No" to question six, he concealed the fact of prior arrests and so misrepresented the facts about his arrest record. It was not established, however, what bearing this concealment and misrepresentation had on the Commission's decision to grant respondent's real estate salesman's license.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That petitioner revoke respondent's real estate salesman's license with leave to respondent to file a proper application.

DONE and ENTERED this 6th day of December, 1977, in Tallahassee, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Mr. Louis B. Guttmannp, III, Esquire Florida Real Estate Commission

2699 Lee Road

Winter Park, Florida 32789

Mr. Michael Diamond Post Office Box 9206

Ft. Lauderdale, Florida 33310

Docket for Case No: 77-001304

Orders for Case No: 77-001304