STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE )

COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1551

) P.D. NO. 3198

RAY F. COMPTON, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard on November 18, 1977, in the County Commission Chamber, Alachua County Courthouse, Gainesville, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case was heard on the Administrative Complaint filed by the Florida Real Estate Commission against Ray F. Compton alleging that Compton had failed to answer question number 6 on his application truthfully by failing to reveal several arrests, and therefore having obtained his registration by fraud, misrepresentation or concealment contrary to Florida Statutes 475.25(2)

The Respondent, Ray F. Compton, was not present at hearing and the Florida Real Estate Commission introduced its records showing its attempts to notice Compton at the last address provided the Florida Real Estate Commission by Compton and at a forwarding address which was obtained. The Florida Real Estate Commission also presented the testimony of its investigator John K. Freeman and records of Compton's arrests in Florida and California.

APPEARANCES

For Petitioner: Bruce I. Kamelhair, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789 No appearance for Respondent.

FINDINGS OF FACT

1. Notice of this proceeding was provided Compton by registered mail return receipt requested at the last address provided the Florida Real Estate Commission by Compton and also at the forwarding address obtained by the Florida Real Estate Commission.

   
   

2. Compton was arrested for failure to appear in court to answer a traffic citation, in the City of Hollywood, Florida. Compton was also arrested for possession of cannabis and found to be not guilty in the City Court of Pompano Beach. Compton was also named in an information charging him with burglary in

   California. He was placed on 5 years probation and proceedings were suspended by the Superior Court, Los Angelos County, California.

   
   

3. These records were provided the Florida Real Estate Commission from the clerks of the courts named above. Investigator Freeman testified that because of Compton's vigorous denials, a second check of Compton's arrest records based upon fingerprint identification was made by the Federal Bureau of Investigation, which confirmed by fingerprint comparison that the records of arrests were those of the individual who applied for registration to the Florida Real Estate Commission as Ray F. Compton.

   
   

4. Ray F. Compton concealed on his application for registration the fact that he had been arrested in Florida for failure to appear in Court, possession of cannabis and in California for burglary.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Florida Real Estate Commission has provided notice of this proceeding as required by law.

   
   

6. Section 475.25(2), Florida Statutes, provides that the registration of an individual may be revoked if it is obtained by fraud, misrepresentation or comcealment.

   
   

7. The arrest for failure to appear in court for a hearing on a traffic citation may have been so closely associated with the traffic offense that a lay person night not report it without seeking to conceal the matter because traffic offenses are not asked to be reported in question number 6. However, Compton's failure to report the arrest for possession of cannabis and particularly for burglary would certainly constitute concealment of information bearing on his suitability as a registrant. This is a violation of Section 475.25(2), Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the registration of Ray F. Compton be revoked.

DONE and ORDERED this 2nd day of December, 1977, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304

COPIES FURNISHED:

Bruce I. Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Ray F. Compton 9134 Boyer Lane

Mentor, Ohio 44060

Docket for Case No: 77-001551

Orders for Case No: 77-001551