STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLES A. BORER, REP. ) FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1582

)

CHARLES E. RICHMOND, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above styled cause pursuant to notice at 8:30 a.m., November 18, 1975, in the Department of Transportation District Office Conference Room, 801 North Broadway, Bartow, Florida before Stephen F. Dean, the assigned Hearing Officer of the Division of Administrative Hearings. This matter arose upon the Administrative Complaint filed against Charles E. Richmond, who petitioned for a formal hearing, and the matter was referred to the Division of Administrative Hearings for hearing pursuant to Chapter 120.

APPEARANCES

For Petitioner: JOSEPH A. DOHERTY, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: RICHARD A. LANGFORD, Esquire

Post Office Box 868 Bartow, Florida 33830

FINDINGS OF FACT

1. Charles E. Richmond applied for registration as a real estate salesman in 1971, filing his application dated December 23, 1971, and received by the agency on December 30, 1971, said application being received as Exhibit 1. In 1974, Richmond applied for registration as a broker-salesman filing an application with the agency, said application being introduced as Exhibit 2. The charges in the Administrative Complaint relate to alleged fraud and concealment in these applications. The basis for the charges contained in paragraphs 7 and 8 of the Complaint was that Richmond's 1974 application apparently indicates a traffic violation received in 1971, which had not been reported in the 1971 application.

   
   

2. The Hearing Officer finds that regarding the allegations, there were seven days remaining in 1971 after the preparation of Richmond's application within which time Richmond could have received the ticket referred to in the 1974 application. However, more importantly, the 1974 application indicates on

   its face some doubt, in the applicant's mind regarding the year in which the ticket was received.

   
   

3. Richmond qualified his response in the 1974 registration relative to the date the first ticket was received. The Florida Real Estate Commission has not presented any evidence to factually resolve the question. The Hearing Officer finds there is no conflict between the 1971 and 1974 application, no proof of any evasion regarding the tickets, and certainly no proof of the actual failure to reveal a traffic offense on the 1971 application.

   
   

4. Paragraphs 8(a) and 9 charge that in 1974 Richmond concealed the fact of his arrest and plea to contributing to the delinquency of a minor in 1972. The Florida Real Estate Commission alleges that said concealment shows that Richmond lacks the necessary qualifications of honesty, truthfulness, trustworthiness and good character required by Section 475.17(1), Florida Statutes, and that Richmond obtained both his registrations as a salesman and as a broker-salesman by means of fraud, misrepresentation, and concealment in violation of Subsection 475.25(2), Florida Statutes.

   
   

5. Regarding the contention that Richmond received his 1971 registration a salesman by fraud and misrepresentation, there is no evidence that Richmond falsified any portion of his 1971 application. The arrest and plea to contributing to the delinquency of a minor did not occur until 1972, and the question of the traffic violation was dealt with above.

   
   

6. Concerning concealment on the 1974 application, the Florida Real Estate Commission introduced Exhibits 1, 2, 3, and 4 which show Richmond's registration as a salesman and broker-salesman and his arrest and plea to an offense against the laws of Florida. Richmond testified that his arrest had been upon the complaint of a co-worker of his when he attempted to assist the co-worker's daughter, who had graduated from high school and who was working full time, move our of her parents' home into an apartment. Richmond stated that he had felt he was not guilty of any wrong doing but had entered a plea on the advise of Counsel and upon his representation that this would not become a matter of record. Richmond stated he knew that he had been arrested and had pled guilty to the charge of contributing to the delinquency of a minor, but felt that to report this on his application would record an incident which he felt was not of record.

   
   

7. Richmond further indicated that he felt this was damaging to his reputation in the community, which apparently from the testimony of his employer, Earlene Cooper Usry, was good. Richmond stated his concern specifically with regard to the effect knowledge of this incident would have on his activity as president of the local Little League, with which he had been associated approximately seven years.

   
   

   CONCLUSIONS OF LAW

   
   

8. Based upon the foregoing, the Hearing Officer finds that Richmond violated Section 475.25(2) by concealing his arrest and plea on his application for broker-salesman.

   
   

9. As stated above, there is no evidence that Richmond obtained his registration as a salesman by fraud, misrepresentation or concealment, therefore, Richmond did not violate Section 475.25(2) in obtaining his registration as a salesman.

10. The Hearing Officer has read Sections 475.17 and 475.25, Florida Statutes, and concludes that a registration cannot be revoked or suspended under Section 475.17, Florida Statutes. The legislature has stated within Section 475.25, Florida Statutes, the basis or grounds for revocation or suspension of a registration. The Florida Real Estate Commission has not charged Richmond with any violation of Section 475.25 which would relate to his salesman's license.

RECOMMENDATION

Wherefore, the Hearing Officer recommends that Richmond's registration as a broker-salesman be revoked with the observation that Richmond, although he did conceal information, did so for understandable reasons, and that some consideration should be given to allowing Richmond to be reinstated after a period of six months.

Further, the Hearing Officer recommends that no action be taken regarding Richmond's salesman's license, the Florida Real Estate Commission having failed to allege any statutory basis for revocation or suspension thereof.

DONE and ORDERED this 9th day of December, 1975.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Joseph A. Doherty, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Richard A. Langford, Esquire Post Office Box 868

Bartow, Florida 33830

Docket for Case No: 75-001582

Orders for Case No: 75-001582