STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, FLORIDA REAL )

ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2330

)

JERRY LEE MILOTAKIS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on November 8, 1982, in Miami, Florida.

APPEARANCES

For Petitioner: Michael J. Cohen, Esquire

Kristin Building, Suite 101

2715 East Oakland Park Boulevard Fort Lauderdale, Florida 33306

For Respondent: Did not appear and was not represented.

Petitioner filed an Administrative Complaint seeking to suspend, revoke, or take other disciplinary action against the Respondent as licensee and against his license to practice real estate under the laws of the State of Florida. Respondent timely requested a formal hearing on the allegations contained within that Administrative Complaint. Accordingly, the issues for determination herein are whether Respondent is guilty of the allegations contained within the Administrative Complaint and, if so, what disciplinary action should be taken, if any.

Petitioner's Exhibits numbered 1 through 6 were admitted in evidence.

FINDINGS OF FACT

1. Respondent Jerry Lee Milotakis is a licensed real estate salesman having been issued license number 0380231.

   
   

2. On August 10, 1981, Respondent filed an application for licensure as a real estate salesman with the Department of Professional Regulation, Florida Real Estate Commission (formerly known as the Board of Real Estate).

   
   

3. In signing said application, Respondent represented that all answers and statements were true and correct and as complete as his knowledge,

   information and records permitted without any evasions or mental reservations whatsoever.

   
   

4. Question numbered six of the application inquires as follows:

   
   

   Have you ever been arrested for, or charged with, the commission of an offense against the laws of any muni cipality, state or nation including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled?

   
   

   If yes, state details including the outcome in full:

   
   

   Respondent answered question numbered six by stating: "Yes--traffic offenses."

   
   

5. Respondent was arrested on November 22, 1978, for possession of cocaine, possession of narcotic equipment, and for loitering and prowling. No action was filed by the State Attorney's office.

   
   

6. Respondent was arrested on July 22, 1979, for barbituate possession and dangerous drugs possession. No action was filed by the State Attorney's office.

   
   

7. Respondent was arrested on January 31, 1980, for trespassing after warning. He was convicted of this offense.

   
   

8. On April 11, 1981, Respondent was arrested for assault and battery. He was tried by a jury and was acquitted.

   
   

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter hereto. Section 120.57(1), Florida Statutes (1981).

   
   

10. Section 475.25(1)(m), Florida Statutes (1981), authorizes Petitioner to take disciplinary action against a licensee who has obtained a license by means of fraud, misrepresentation, or concealment. Petitioner has shown by competent, substantial evidence that Respondent falsely answered question numbered six in his application for licensure as a real estate salesman.

    
    

11. Although Petitioner might have licensed Respondent in spite of his arrest record had Respondent answered truthfully, Respondent voluntarily chose to conceal the truth and misrepresent his past history on his application. Petitioner has recommended that Respondent's license be revoked, and no evidence has been offered in mitigation of that penalty.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that default be entered against Respondent Jerry Lee Milotakis

and that a final order be entered finding the Respondent guilty as charged in the Administrative Complaint and revoking his real estate salesman license number 0380231.

DONE and RECOMMENDED this 6th day of December, 1982, in Tallahassee, Leon County, Florida.

LINDA M. RIGOT

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Michael J. Cohen, Esquire Kristin Building, Suite 101 2715 East Oakland Park

Boulevard

Fort Lauderdale, Florida 33306

Mr. Jerry Lee Milotakis

520 NE 82nd Terrace, #5 Miami Shores, Florida 33138

Samuel R. Shorstein, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

C. B. Stafford, Executive Director Florida Real Estate Commission

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802

William M. Furlow, Esquire Florida Real Estate Commission

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802

Docket for Case No: 82-002330

Orders for Case No: 82-002330