STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL REGULATION, BOARD ) OF REAL ESTATE, )

)

Petitioner, )

)

vs. ) CASE NO. 79-567

) (BRE NO. 3462-Polk County)

MITCHELL E. VERDELL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on August 21, 1979, in Winter Haven, Florida. The transcript of the final hearing herein was received on September 1, 1979.

APPEARANCES

For the Petitioner: Fred Langford, Esquire

Board of Real Estate Post Office Fox 1900 Orlando, Florida 32802

For the Respondent: Glenn Anderson, Esquire

Post Office Box 9159

Winter Haven, Florida 35080 ISSUE

The issue posed for decision heroin is whether or not the Respondent, Mitchell E. Verdell's a Real Estate Salesman license should be revoked due to his failure to disclose on his application for registration the fact that he had been arrested for unlawful possession of marijuana.

FINDINGS OF FACT

1. Based upon my observation of the witness and their demeanor while testifying, the following; relevant facts are found.

   
   

2. Mitchell E. Verdell is registered with the Florida Board of Real Estate as a salesman. On or about July 17, 1978, the Respondent, Mitchell E. Verdell, filed with the then Florida Real Estate Commission, now Board of Real Estate, an application for registration as a Real Estate Salesman. (Petitioner's Composite Exhibit 2.) On the Respondent's application for licensure, he failed to disclose that he had been arrested in Daytona Beach, Florida, on May 7, 1974, and tried for unlawful possession of marijuana. Respondent entered a plea of guilty to possession of a controlled substance over five (5) grams for which he was place

   on probation for a period of two (2) years and an adjudication of guilt was withheld. (Petitioner's Exhibit 3.)

   
   

3. Mitchell E. Verdell appeared and testified that his only witness, his probation officer, was ill and thus could not appear at the hearing. Mr. Verdell acknowledged his failure to disclose on his application for licensure with the Board the fact that he appeared in court on a charge of possession of a controlled substance. He also acknowledged the fact that he was placed on two

   (2) years probation. His probation officer, Bill Gross, advised Mr. Verdell with reference to his conviction and the manner in which he should handle it that since the judge withheld adjudication, he should never disclose it for a job when questions respecting his arrest were asked. He testified that he relied on Officer Gross, who bad been a probation officer for a few decades. (TR 9-10)

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Subsection 120.57(1), Florida Statutes.

   
   

5. The authority of the Board of Real Estate is derived from Chapter 475, Florida Statutes.

   
   

6. The parties were duly noticed pursuant to the notice provisions of Chapters 120 and 475 Florida Statutes.

   
   

7. Competent and substantial evidence was of offered to establish that the Respondent failed to disclose as required by Question 6 on the then Florida Real Estate Commission's application for licensure, the fact that he had been arrested for possession of a controlled substance.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby,

RECOMMENDED:

That the Respondent, Mitchell E. Verdell's license to practice real estate as a salesman be REVOKED without prejudice to filing an application that is proper.

RECOMMENDED this 11th day of October, 1979, in Tallahassee, Florida.

JAMES E. BRADWELL,

Hearing Officer

Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Fred Langford, Esquire

Department of Professional Regulation Board of Real Estate

Post Office Pox 1900 Orlando, Florida 32802

Glenn Anderson, Esquire Post Office Pox 9159

Winter Haven, Florida 33880

Docket for Case No: 79-000567

Orders for Case No: 79-000567