STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT FRIEDMAN, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1452

) FLORIDA REAL ESTATE COMMISSION, ) STATE OF FLORIDA, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above captioned matter, after due notice, at Miami, Florida on October 17, 1978, before the undersigned Hearing Officer.

APPEARANCES

For Petitioner: Robert Friedman

242 Southwest 78th Place Miami, Florida 33144

For Respondent: S. Ralph Fetner, Jr., Esquire

Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32802 STATEMENT OF THE ISSUE

Whether Petitioner's application for registration as a real estate salesman, pursuant to Chapter 475, F.S., should be approved.

PRELIMINARY STATEMENT

The Petitioner appeared at the hearing unaccompanied by legal counsel. Upon inquiry by the Hearing Officer, he stated that he wished to represent himself in this proceeding. He was thereupon advised of his rights under

Chapter 120, Florida Statutes, and he indicated that the understood such rights.

FINDINGS OF FACT

1. Petitioner Robert Friedman, who has resided in Miami, Florida since January 1973, filed an application with Respondent for registration as a real estate salesman on January 9, 1978. Question 6 of the application was answered by the Petitioner as follows:

   
   

   6. 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 (but

   not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled?

   
   

   Yes

   
   

   If yes, state details including the outcome in full: Arrested in Feb. '72; charged with sale of dangerous drugs - sentenced to 6 mos. in Allenwood & 2 yrs. probation - Prior to Feb. '72, approximately 5 arrests - all dismissed.

   
   

   Respondent issued an Order denying the application on May 22, 1978, because Petitioner failed to disclose in his application the fact of his arrest in Dade County, Florida, on January 25, 1974, on a charge of grand larceny. The Order also noted that the February 1972 arrest disclosed by Petitioner in the application actually occurred in February, 1971. Based on the foregoing, Respondent found that Petitioner had not made it affirmatively appear that he met the qualifications for registration contained in Chapter 475, Florida Statutes. (Petitioner's Exhibit 6, Pleadings.)

   
   

2. A Federal Bureau of Investigation Record showing numerous arrests of Petitioner by state and federal authorities dating from 1966, primarily on charges alleging drug offenses, was received in evidence without objection by Petitioner. Petitioner testified that the record was true. (Petitioner's Exhibit 1, Testimony of Friedman.)

   
   

3. On January 25, 1974, Petitioner was arrested in Miami, Florida, on a charge of grand larceny in violation of Section 811.021, Florida Statutes. He was found guilty of the offense in the Dade County Circuit Court, Case No. 74- 964, on April 26, 1974, but adjudication of guilt was withheld and he was placed on probation for a period of eighteen months. (Petitioner's Exhibits 1, 3-5).

   
   

4. Petitioner testified at the hearing and admitted his failure to list the 1974 arrest on his application to Respondent. His explanation for the omission was that the Circuit Judge had told him that he could "forget about it" because adjudication of guilt had been withheld, and his lawyer had said that it would never interfere in the future. Petitioner denied that he was attempting to deceive the Respondent in his application, but had attempted to forget the arrest and did not intentionally omit it from his application. He further testified that he had been a drug addict who had been in a methadone program of treatment until about two and one-half years ago, but that he was now leading a normal life without drugs. (Testimony of Petitioner.)

   
   

   CONCLUSIONS OF LAW

   
   

5. Respondent predicated its initial denial of Petitioner's application upon his failure to "make it appear" that he is honest, truthful, trustworthy and of good character as required by Section 475.17, Florida Statutes, for registration. Respondent also stated in its Order of Denial that Petitioner had failed to fully answer inquiries pertinent to his qualifications propounded to him by it pursuant to Section 475.18, F.S. However, no evidence was presented that Respondent had made inquiry to Petitioner regarding his qualifications subsequent to filing of the application.

6. The basis for denial of Petitioner's application was his failure to list a 1974 arrest on his application. His explanation for this failure is not deemed credible and it therefore must be concluded that Petitioner intentionally concealed the fact of this arrest from the Respondent. Such an omission reflects the absence of those traits of honesty and truthfulness required for registration under Section 475.17. Accordingly, the application should be denied.

RECOMMENDATION

That the application of Robert Friedman for registration as a real estate salesman be denied.

DONE AND ENTERED this 7th day of November 1978 in Tallahassee, Florida.

COPIES FURNISHED:

S. Ralph Fetner, Jr. Staff Attorney

Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32802

Robert Friedman

242 Southwest 78th Place Miami, Florida 33144

THOMAS C. OLDHAM

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida (904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 7th day of November 1978.

Docket for Case No: 78-001452

Orders for Case No: 78-001452