STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1509

) P.D. NO. 3390

FIDEL N. MARTIN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 1:OO p.m., on October 16, 1978, in Room 297, Federal Building, U.S. Courthouse, 80 N. Hughey, Orlando, Florida.

Petitioner was represented by Joseph A. Doherty, Esquire, Florida Real Estate Commission, Post Office Box 1900, 400 West Robinson Street, Orlando, Florida, and Respondent appeared in his own behalf.

Petitioner, Florida Real Estate Commission (hereafter FREC), seeks to deny the application of Fidel N. Marin (hereafter Marin), for registration as a real estate salesman based upon the allegation that Marin failed to answer truthfully the question on the application as to whether he had ever been arrested for a violation of law.

FINDINGS OF FACT

1. On November 2, 1977, Marin completed the application for registration as a real estate salesman and forwarded it to the FREC. The application was received December 27, 1977. The application contains the following question.

   
   

   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 parolled?

   
   

2. Marin answered the question with the word "No". However, the evidence shows that Marin was arrested December 31, 1974, with the crime of grand larceny which charge was reduced to petty larceny.

   
   

3. It was Marin's understanding that his arrest record had been expunged by an attorney hired for that purpose when, in fact, it had not. It was for this reason that Marin answered the foregoing question in the negative.

   CONCLUSIONS OF LAW

   
   

4. Marin is charged with violation of Subsection 475.17, Florida Statutes, for failing to make it appear that he is honest, truthful, trustworthy, of good character and that he bears a good reputation for fair dealing or that he is qualified to make real estate transactions and conduct negotiations with safety to investors and to those with whom he may undertake a relationship of trust and confidence. Because of Marin's confusion as to the status of his arrest record, it is concluded that there is insufficient evidence to establish that Marin intended to deceive FREC through the incorrect answer contained in his application. It is, therefore,

RECOMMENDED that Marin be given leave to immediately file a new application showing that he meets the requisite qualifications for licensure as a real estate salesman and that FREC take such further action as is appropriate upon the application.

DONE and ORDERED this 28th day of February, 1979, in Tallahassee, Florida.

MICHAEL R. N. MCDONNELL

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Joseph A. Doherty, Esquire Florida Real Estate Commission

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802

Fidel N. Marin

Post Office Box 8176 Hialeah, Florida 33012

Docket for Case No: 78-001509

Orders for Case No: 78-001509