STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1673

)

JOHN M. STROUD, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on November 17, 1977, in the Conference Room of the Cape Kennedy Board of Relators, 105 McLeod Court, Merritt Island, Florida, by Stephen F. Deane assigned Hearing Officer of the Division of Administrative Hearings. This case was presented upon an Administrative Complaint by the Florida Real Estate Commission against John M. Stroud alleging that Stroud had obtained his registration by fraud, misrepresentatition or concealment contrary to Section 475.25(2), F.S., by failing to reveal his arrest for burglary on his application in response to question number 6.

The Florida Real Estate Commission introduced copies of the records of Stroud's arrest and his application for registration. Stroud submitted evidence that his application was completed and notarized prior to the date of his arrest.

APPEARANCES

For Petitioner: David T. Young, Esquire for Respondent: Bruce I. Kamelhair, Esquire

FINDINGS OF FACT

1. John M. Stroud is a registered real estate saleman holding registration number 0172065 issued the Florida Real Estate Commission.

   
   

2. On December 17, 1976, John M. Stroud was arrested for burglary and committed to the custody of the sheriff of Brevard County for the offense of burglary.

   
   

3. On December 15, 1976, Stroud had his completed application notarized by

   R. Jack Simpson.

   
   

4. Stroud's application was initially received by the Florida Real Estate Commission on January 5, 1977, and was returned to Stroud because he had not enclosed the fee required. It was resubmitted with the fee and received by the Florida Real Estate Commission on January 14, 1977.

   CONCLUSIONS OF LAW

   
   

5. The Florida Real Estate Commission has authority to file an Administrative Complaint against its registrants and to enter its final order considering the Administrative Complaint pursuant to the provisions of Chapter

   475 and Chapter 120, F.S.

   
   

6. Section 475.25(2), permits the Florida Real Estate Commission to revoke the registration of a registrant obtained by fraud, misrepresentation or concealment. The facts show that Stroud was arrested on December 17, 1976 for burglary which Stroud would have been obligated to reveal in his application.

   
   

7. The application was notarized on December 15, 1976 prior to the arrest. It was stamped as received by the Florida Real Estate Commission January 5, 1977. No testimony was introduced regarding when applications are stamped as received by the Florida Real Estate Commission. It is therefore possible that the application could have been mailed prior to his arrest and not stamped as received until January 5, 1977. However, the application clearly reveals that it was returned to Stroud for failure to enclose the fee between January 5 and January 14, 1977, when it was again received. Stroud's application was not filed until it was received in proper order by the Florida Real Estate Commission on January 14, 1977. Prior to January 14, 1977 Stroud was in possession of the application and had the affirmative obligation to file it properly and to disclose his arrest on December 17, 1976. His failure to report this was concealment of a fact bearing directly on his suitability for registration as a real estate salesman.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer

RECOMMENDS:

That the registration of John M. Stroud be revoked.

DONE and ENTERED this 9th day of December, 1977 in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

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

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of December, 1977.

COPIES FURNISHED:

David T. Young, Esquire 1197 So. U.S. Highway 1

P.O. Box 563

Rockledge, Florida 32955

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

Winter Park, Florida 32789

Docket for Case No: 77-001673

Orders for Case No: 77-001673