STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, ) JOHN K. FREEMAN, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1739

)

HAL K. JOHNSON, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, at the Conference Room, 1919 Beachway Road, Jacksonville, Florida at 9:00 A.M., Thursday, January 13, 1977.

APPEARANCES

For Petitioner: Bruce Kamelhair, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Hal K. Johnson

c/o Fowler Realty

8917 Atlantic Boulevard

Jacksonville, Florida 32211 ISSUE

Whether or not the Respondent, Hal K. Johnson, is guilty off obtaining his registration as a real estate salesman by means of fraud, misrepresentation or concealment in violation of Section 475.25(2), F.S. by failing to appropriately answer question number 9 on his January 22, 1973 application for registration.

FINDINGS OF FACT

1. Beginning on July 9, 1973, up to and including the date of the hearing, the Respondent, Hal K. Johnson, was a registered real estate salesman under certificate no. 54569, held with the Florida Real Estate Commission.

   
   

2. In the January 22, 1973 application which the Respondent, Hal K. Johnson, filed for registration as a real estate salesman, he answered the question no. 9 found therein. Question no. 9 says:

   
   

   "Have you ever been arrested for or charged with, the commission of an offense against the laws of any municipality, state or nation

   including traffic offenses, without regard to whether sentence has been passed or served, or whether the verdict or judgement has been reversed or set aside or not, or pardon or parole granted. if yes, state details in full.

   
   

   The answer which was given by Hal K. Johnson was, "DWI, December, 1972 & June, 1976, Failure to yield, Dec. 1972".

   
   

3. In addition to the offenses indicated in his answer to question no. 9, the Respondent, Hal K. Johnson, had been arrested for a number of other offenses. On September 20, 1955, the Respondent had been arrested for disorderly conduct/drunk. On August 20, 1957, the Respondent had been arrested for driving while intoxicated. On January 28, 1959, the Respondent had been arrested for driving while intoxicated. On February 27, 1959, the Respondent had been arrested for disorderly conduct/drunk. On March 6, 1959, the Respondent had been arrested for disorderly conduct/drunk. On July 1, 1959, the Respondent had been arrested for disorderly conduct/drunk. On August 12, 1961, the Respondent was arrested for disorderly conduct/drunk. On January 17, 1962, the Respondent was arrested for disorderly conduct/drunk. On November 10, 1962, the Respondent was arrested for disorderly conduct/drunk. On September 18, 1963, the Respondent was arrested for having no drivers license. On December 13, 1963, the Respondent was arrested for disorderly conduct/drunk. On March 23, 1967, the Respondent was charged with disorderly conduct/drunk and profane language. On July 30, 1967, the Respondent was charged with disorderly conduct/drunk. On September 4, 1967, the Respondent was charged with reckless operation of motor vehicle, driving while under the influence of intoxicating beverages. On June 5, 1968, the Respondent was charged with disorderly conduct/drunk. On July 19, 1968, the Respondent was charged with disorderly conduct/drunk. On April 18, 1972, the Respondent was charged with disorderly conduct/drunk.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction in this cause.

   
   

5. It is concluded as a matter of law, based upon the facts as shown in this case, that the Respondent, Hal K. Johnson obtained his registration as a real estate salesman by means of fraud, misrepresentation, or concealment, thereby violating 475.25(2), F.S.

RECOMMENDATION

At the hearing, the Respondent, Hal K. Johnson, did not challenge the facts as presented in the administrative complaint. His intention in appearing at the hearing was to offer mitigation. In the way of mitigation, Mr. Johnson said that he was only given one line to answer the question no. 9, which did not provide him enough room, notwithstanding the fact that he had read the instructions which said that additional information should be provided on a separate sheet. Moreover, Mr. Johnson said that the language of question no. 9, which says "commission of an offense . . .", only calls for just one offense to be listed and he in fact listed three. He also said that he did not put some of the drunk arrests down because now they don't even require you to be arrested, they just take you someplace." In addition, he indicated that he did not know where to get the records of these arrests that had been placed against him. He said he thought that the records of these matters were found in Tallahassee,

Florida. The three indications of arrests were also felt, in the mind of the Respondent, to be a sufficient indication of the 20 arrests that had been made. Finally, the Respondent said that he wants to make it clear that he didn't intend to try to make misstatements, although he agrees that he failed to elaborate, which to him was an error of omission not intent. Having considered the explanation offered by Mr. Hal K. Johnson, the Respondent, in view of the facts, it is recommended that his certificate no. 54569, as a registered real estate salesman be revoked.

DONE and ENTERED this 14th day of February, 1977, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Bruce Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Mr. Hal K. Johnson c/o Fowler Realty

8917 Atlantic Boulevard

Jacksonville, Florida 32211

Docket for Case No: 76-001739

Orders for Case No: 76-001739