STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1564

) P.D. NO. 3370

ROY DOUGLAS HOWELL, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Gainesville, Florida, before the Division of Administrative Hearings, by its duly designated Hearing Officer, Robert T. Benton, II, on October 6, 1978. Respondent appeared in propria persona. Petitioner was represented by counsel.

APPEARANCES

For Petitioner: Fred Langford, Esquire

Florida Real Estate Commission

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801

By administrative complaint filed August 4, 1978, petitioner alleged that respondent falsely answered questions six and seven on his application for registration as a real estate salesman and thereby "obtained his registration .

. . by means of fraud, misrepresentation or concealment." On these grounds, petitioner seeks to revoke respondent's registration, citing Section 475.25(2), Florida Statutes (1977).

FINDINGS OF FACT

1. Question six on the application for registration as a real estate salesman which respondent furnished petitioner in November of 1977 asked:

   
   

   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?

   Petitioner's exhibit No 2.

   
   

   Respondent answered this question with the word "No." Question seven (a) on the same form asked:

   Has any judgement or decree of a court been entered against you in this or any other state, province, district, territory, possession or nation, in which you were charged in the petition, complaint, declaration, answer, counterclaim or other pleading with any fraudulent or dishonest dealing? Petitioner's exhibit No. 2.

   
   

   Respondent answered this question with the word "No." On the basis of this application, petitioner issued certificate of registration No. 0186567 to respondent, effective January 26, 1978.

   
   

2. When respondent was seventeen years old, he was arrested for and convicted of breaking and entering in Alachua County, Florida. Respondent had not forgotten these events at the time he filled out the application form, petitioner's exhibit No. 2; he was under the mistaken impression that there was no longer any record of his youthful brush with the law.

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 475.25(2), Florida Statutes (1977), requires revocation of registration where registration "is found to have been obtained . . . by means of fraud, misrepresentation, or concealment" and goes on to provide that registration "may be revoked . . . without prejudice to filing a proper application . . . if the same shall have been granted . . . through the mistake or inadvertence of the commission." Section 475.25(2), Florida Statutes.

   
   

4. The evidence did not establish that the commission would have denied respondent's application if he had answered all questions on the application form truthfully.

RECOMMENDATION

Upon consideration of the foregoing, it is RECOMMENDED:

That petitioner revoke respondent's registration as a real estate salesman, without prejudice to the filing of a proper application.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 26th day of October, 1978.

ROBERT T. BENTON, II

Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Fred Langford, Esquire

Florida Real Estate Commission

400 West Robinson Street Post Office Box 32801

Mr. Roy Douglas Howell

Florida American Realty Company 4131 N.E. 13th Street Gainesville, Florida 32601

Docket for Case No: 78-001564

Orders for Case No: 78-001564