STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1913

)

STUART P. JACOBS, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held on March 4, 1977, in the Commission Room, Southland Building, Lee Road, Orlando, Florida, at 11:00 A.M. before Stephen F. Dean to whom this case was reassigned by the Division of Administrative Hearings.

Prior to the commencement of the hearing the parties stipulated to the amendment of the pleadings filed by Florida Real Estate Commission, and to waiver of notice of hearing in the amended pleadings. Pursuant to the amended pleadings, the Florida Real Estate Commission sought to revoke the registration of Stuart Jacobs pursuant to Section 475.25(2), F.S., alleging that Jacobs had obtained his license by concealment, fraud or misrepresentation.

APPEARANCES

For Petitioner: Richard J. R. Parkinson, Esquire

Associate Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Mr. Ralph V. Hadley, III

DAVIDS, HENSON & HADLEY, P.A.

Post Office Box 1312

Winter Garden, Florida 32787 ISSUE

Whether Jacobs obtained registration by the Florida Real Estate Commission through fraud, misrepresentation or concealment.

FINDINGS OF FACT

1. Stuart Jacobs is a registered real estate salesman holding registration certificate No. 0161986 as a non-active real estate salesman. See EXHIBIT 1, Affidavit of C. B. Stafford.

   
   

2. Stuart Jacobs first applied for registration with the Florida Real Estate Commission on March 16, 1976, which was received by Florida Real Estate Commission on March 17, 1976. See EXHIBIT 2, Affidavit of C. B. Stafford. In

   answer to Question No. 6, Jacobs answered "Yes," and explained in the space provided as follows:

   
   

   "1. Traffic offenses (accident) 2. Charged with grand larceny but no conviction of record."

   
   

3. On or about July 20, 1976, Mr. Robert J. Corda, investigator for Florida Real Estate Commission, contacted Stuart Jacobs and arranged to meet with Jacobs to discuss Jacobs' response to Question No. 6, specifically as it related to Jacobs' having been charged with grand larceny. Shortly thereafter a meeting was held between Corda and Jacobs and at that meeting Jacobs prepared

   .and submitted another application. The original of that application was produced at the hearing from Mr. Corda's file which was received as EXHIBIT 7. Also produced from the Florida Real Estate Commission's file at the hearing was a letter dated July 22, 1976 from Mr. Jacobs to Mr. Corda, which was received as EXHIBIT 6. Mr. Corda was fully advised of Mr. Jacobs' status at the meeting and of the facts behind Jacobs' trial by letter.

   
   

4. Jacobs was found guilty of the criminal charges but adjudication was withheld. See EXHIBIT 3, Criminal Information #CR74-2526; EXHIBIT 4, Jury Verdict finding Jacobs guilty of the offense charged in Information #CR74-2526; and EXHIBIT 5, Order Withholding Adjudication of Guilt and Placing Defendant on Probation.

   
   

5. Jacobs was registered by the Florida Real Estate Commission effective September 4, 1976, as a non-active salesman, two and one half months after this interview and correspondence with Corda.

   
   

   CONCLUSIONS OF LAW

   
   

6. Jacobs is charged with obtaining registration as a registered real estate salesman by fraud, misrepresentation or concealment, contrary to Section 475.25(2), F.S. The facts are very clear that from his first application, Jacobs brought to the Commission's attention his having been charged with grand larceny, and further indicated that there was no conviction of record. While one may debate whether this is full disclosure, it was certainly sufficient to institute further inquiry by the Florida Real Estate Commission through Mr. Corda. Mr. Corda was more fully advised by Jacobs of the facts of his case and provided Corda with an amended application prepared at their meeting, with a follow-up letter providing further facts. All these events occurred at least two months before Jacobs was registered.

   
   

7. Mr. Jacobs' qualifications for registration by .the Florida Real Estate Commission is not an issue in this case because the Florida Real Estate Commission has charged him only with obtaining his license by fraud, misrepresentation and concealment. The introduction of documents from the Florida Real Estate Commission's own file prepared by Jacobs and submitted to the Florida Real Estate Commission two months before his licensure relating directly to his status clearly indicates that the Commission was on notice of Jacobs' status and that Jacobs did not conceal relevant matters concerning his application. Mr. Jacobs cannot be held to be guilty of fraud, misrepresentation or concealment when the Florida Real Estate Commission issued his license after having all relevant material in the hands of its agent.

RECOMMENDATION

There being absolutely no evidence of fraud, misrepresentation or concealment by Jacobs which resulted in his registration as a real estate salesman, the Hearing Officer recommends no action be taken against the license of Stuart Jacobs.

DONE and ORDERED this 10th day of March, 1977, in Tallahassee, Florida.

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

(904) 488-9675

COPIES FURNISHED:

Richard J. R. Parkinson, Esquire Associate Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Mr. Ralph V. Hadley, III DAVIDS, BENSON & HADLEY, P.A.

Post Office Box 1312

Winter Garden, Florida 32787

Docket for Case No: 76-001913

Orders for Case No: 76-001913