STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, DIVISION OF REAL ) ESTATE, )

)

Petitioner, )

)

v. ) CASE NO. 85-1523

)

JAMES W. COLLINS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Avers, held a public hearing in the above-styled case on August 6, 1985, at Tampa, Florida.

APPFARANCES

For Petitioner: Susan Hartmann, Esquire

Department of Professional Regulation

P.O. Box 1900

Orlando, Florida 32802

For Respondent: Respondent was not present

or represented.

By Administrative Complaint dated February 28, 1985, the Department of Professional Regulation, Division of Real Estate, Petitioner, seeks to revoke, suspend or otherwise discipline the registration of James W. Collins, Respondent, as a real estate salesman. As grounds therefor, it is alleged that Respondent has been convicted or found guilty of crimes involving moral turpitude, has been guilty of fraud, misrepresentation, and breach of trust in a business transaction, and has submitted false information on a sworn application for a real estate broker's license.

This hearing was initially scheduled to commence at 9:00

1. on August 6, 1985. When neither Respondent nor his attorney appeared, the attorney for Petitioner, at the request of the Hearing Officer, called the office of Mark A. Spence, Esquire, the attorney of record for Respondent. Someone at that telephone number advised her that Mr. Spence had departed from New Port Riches,, Florida at 7:30 a.m. to attend the hearing. After waiting until 10:30 a.m. without Respondent or his attorney arriving, the hearing was opened. Petitioner submitted six exhibitts comprising Respondent's license file, certified copies of three felony cases in the Circuit Court of Pasco Countv involving Respondent, an application by Respondent for broker's license, and Respondent's Florida criminal history record.

   
   

   FINDINGS OF FACT

   
   

   1. James W. Collins was first licensed in Florida as a real estate salesman in 1978 and has been continuously so licensed since that time. At all times relevant hereto, he was licensed as a real estate salesman.

      
      

   2. On January 14, 1983, Respondent pleaded nolo contendere to three counts of grand theft, adjudication of guilt was withheld and he was placed on probation for five years. Conditions of probation included residing in the Department of Corrections for 300 days and making restitution.

      
      

   3. On January 14, 1983, Respondent Pleaded nolo contendere: to uttering a forged instrument (using a stolen credit card), adjudication of guilt was withheld and he was placed on five years probation to run concurrently with the probation noted in Finding 2.

      
      

   4. On January 14, 1983, Respondent pleaded nolo contendere to five counts of forgery, involving the same stolen credit cards in 3 above, adjudication of guilt was withheld and he was sentenced to the same five years probation and conditions of probation as in 2 and 3 above.

      
      

   5. In an application for licensure as a real estate broker sworn to on June 20, 1984, Respondent answered question 8, which asks if applicant has ever been arrested or charged with the commission of an offense, "No." In the addendum to this application which also contains the signature of Respondent, he answered the rephrased question 8, "No."

      CONCLUSIONS OF LAW

      
      

   6. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

      
      

   7. Respondent is here charged with violation of Section 475.25(1) (b) and (f) which authorizes the Commission to revoke or otherwise discipline the licensee if it finds the licensee:

      
      

      (b) Has been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction in this state . . . .

      
      

      (f) Has been convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the activities of a licensed broker or salesman or involves moral turpitude or fraudulent or dishonest dealing. Any plea of nolo contendere shall be considered a conviction for purposes of this paragraph.

      
      

   8. A1l of the offenses to which Respondent pleaded nolo contendere in the Circuit Court of Pasco County involved fraud, misrepresentation, dishonest dealing and moral turpitude. Similarly, the signing of the sworn application for certification as a real estate broker, which contained a false statement of material fact, constitutes fraud, misrepresentation, concealment, false pretenses and dishonesty. The crimes for which Respondent was brought to trial are all felonies and submitting a false application for licensure as a broker is a serious matter, especially for one expected to be trusted with the money and property of others.

      
      

   9. From the foregoing, it is concluded that Respondent has violated the provision of Section 475.25(1) (b) and (f) as alleged. It is

RECOMMENDED that the registration of James W. Collins as a real estate salesman be revoked.

Entered this 29th day of August, 1985, at Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, F1. 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 29th day of August, 1985.

COPIES FURNISHED:

Susan Hartmann, Esquire Department of Professional

Regulation

P.O. Box 1900 Orlando, F1. 328021

Mark A. Spence, Esquire

1 Fast Main Street

New Port Richey, F1. 33552

Harold Huff Executive Director

Division of Real Estate

400 W. Robinson St. Orlando, F1. 32802

Salvatore Carpino Esq. General Counsel

Department of Professional Regulation

130 N. Monroe St. Tallahassee, F1. 32301

Fred M. Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 85-001523

Orders for Case No: 85-001523