STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT C. PRUYN, )

)

Petitioner, )

)

vs. ) CASE NO. 76-846

)

BRUCE D. COLLINS, )

)

Respondent. )

)

RECOMMENDED ORDER

1. Pursuant to notice, the above cause came on for hearing before the Division of Administrative Hearings duly designated Hearing Officer, James E. Bradwell, at the Florida Real Estate Commission office at Las Olas Building, Suite 210, 305 South Andrews Avenue, Fort Lauderdale, Florida, on July 2, 1976.

APPEARANCES 1/

For Petitioner: Manuel E. Oliver, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789 Attorney for Petitioner

1. On or about March 22, 1976, the Florida Real Estate Commission (hereinafter sometimes referred to as the Commission) caused to be filed an Administrative Complaint alleging that the Respondent filed with the Commission his sworn application for registration as a real estate salesman on July 24, 1972 and that included in said application, he failed to reveal, disclose or explain all of his arrests and/or other charges in that on or about July 29, 1964, he was charged with contempt of Circuit Court and upon which charges he was convicted and sentenced to serve six months in jail on said charge, and further that on or about October 14, 1958, Respondent was arrested in Broward County and charged with issuance and/or delivery of worthless checks which matter was nolle prossed on or about October 18, 1961. The complaint alleges that by reason of the foregoing, the Respondent is guilty of obtaining his registration by means of misrepresentation or concealment in violation of Subsection 475.25(2), Florida Statutes.

   
   

2. At the hearing, counsel for the Commission introduced registration papers indicating that the Respondent is registered as an inactive salesman. Even though his certificate of registration expired in March 31, 1976, he is still within the 1 year grace period allowed for the renewal of his certificate. (See Commission's Exhibit No. 1 received into evidence and made a part hereof by reference). Additionally, the Commission's Counsel introduced a certified copy of an Order entered in the Circuit Court of the Fifteenth Circuit of Florida indicating that the Respondent was adjudged to be in arrears of alimony and support payments in proceeding number C61-5089. He was held in contempt of court and sentenced to serve six months in Broward County jail. 2/

3. The Commission also introduced a certified copy of the information filed charging Respondent with the issuance of worthless checks which matter was nolle prossed. (See Commission's Exhibits 5 & 6 received in evidence and made a part hereof by reference).

   
   

4. As noted, the Respondent did not appear at the hearing nor did anyone appear on his behalf to present evidence or other materials in mitigation of the charges. It is clear from the evidence introduced at the hearing that Respondent failed to disclose all of his arrests and/or charge in his sworn application for registration. Section 475.25(2), Florida Statutes, gives the Commission the power to revoke or suspend the registration of a registrant where it is found to have been obtained by the registrant by means of fraud, misrepresentation or concealment, etc. There was no evidence showing that his concealment was based on a mistake or some inadvertence excusable under the circumstances. Based thereon, I shall recommend that the Respondent's license be revoked.

   
   

   CONCLUSIONS OF LAW

   
   

5. This cause was properly noticed pursuant to the notice provisions of Sections 120 and 475, Florida Statutes.

   
   

6. The Commission has jurisdiction of this cause which is derived from Section 475, Florida Statutes.

   
   

7. The Respondent by failing to reveal all of his arrests records and/or charges, fall within the guides of Section 475.25(2), Florida Statutes and evidence that the Respondent obtained his registration as aforesaid by means of misrepresentation or concealment.

   
   

8. By reason of the foregoing facts, the Respondent engaged in conduct violative of Section 475.25(2), F.S.

RECOMMENDATION

By reasons of the foregoing Facts and Conclusions of Law, I recommend that the Respondent's license be revoked.

DONE and ORDERED this 4th day of August, 1976, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

ENDNOTES

1/ Although served with a copy of the Notice of Hearing in this cause, the Respondent did not appear nor did he send a representative to testify on his behalf or to otherwise present evidence.

2/ A Certified copy of the Order and the arrests record for contempt of Circuit Court was received in evidence and marked for identification as Commission's Exhibits 3 & 4.

COPIES FURNISHED:

Manuel E. Oliver, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Bruce D. Collins

36 Southeast Sixth Street Boca Raton, Florida 33432

Docket for Case No: 76-000846

Orders for Case No: 76-000846