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DIVISION OF REAL ESTATE vs. GRACE F. MAZON, 78-001622 (1978)

Court: Division of Administrative Hearings, Florida Number: 78-001622 Visitors: 40
Judges: ROBERT T. BENTON, II
Agency: Department of Business and Professional Regulation
Latest Update: Jan. 15, 1979
Summary: Respondent failed to report her extensive arrest record on application for Real Estate license. Recommended Order: revoke license without prejudice and allow her to refile corrected application.
78-1622.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1622

) P.D. NO. 3373

GRACE F. MAZON, )

)

Respondents. )

)


RECOMMENDED ORDER


This matter came on for hearing in Gainesville, Florida, before the Division of Administrative Hearings, by it duly designated Hearing Officer, Robert T. Benton, II, on October 6, 1978. 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


Respondent appeared in propria persona.


By administrative complaint filed August 4, 1978, petitioner alleged that respondent failed to list certain "offenses for which she had been arrested and with which she had been charged" in response to question six on her application for registration as a real estate salesperson and thereby "obtained her 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).


FINDING OF FACT


  1. Question six on the application for registration as a real estate salesman which respondent furnished petitioner in December 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 "Yes." The form then commands: "If yes, state details including the outcome in full." Petitioner's exhibit No.

  2. In the space next to this direction, respondent wrote: "charged w/ forgery, sentenced 2 yrs. Fla. Corr. Inst. (Lowell) on May 30, 1974-served full term." Petitioner's exhibit No. 2. To her application respondent attached two additional sheets on which she gave a detailed account of her forgery conviction and outlined some of her activities since leaving prison. The penultimate paragraph of this notarized addendum states:


    If the Commission desires any further information or explanation of my past or present activities I will be glad to furnish whatever you may request.


    Respondent executed the affidavit at the bottom of the application form, reciting that she had "carefully read the foregoing application, answers and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as her knowledge, information and records permit, without any evasions or mental reservations whatsoever. Petitioner's exhibit No. 2.


    1. Respondent has been arrested on 15 to 20 different occasions and was imprisoned for a year in New Jersey before she moved to Florida. She testified that she thought that listing her most serious offense on the application would lead the commission to discover the other offenses and arrests. At one time she was addicted to heroin but, after a transitional dependence on methodone, she seems to have overcome the addiction. She sought and obtained her real estate salesperson's license under the sponsorship of a Vocational Rehabilitation office in Gainesville.


      CONCLUSIONS OF LAW


    2. 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.


    3. The evidence did not establish that the commission would have denied respondent's application if she 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 salesperson, without prejudice to the filing of a proper application.

DONE and ENTERED this 26th day of October, 1978, in Tallahassee, Florida.


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 1900 Orlando, Florida 32801


s. Grace Fararo Mazon Rt. 1, Box 40 R-5

Gainesville, Florida 32601


Ms. Grace F. Mazon

c/o Marguerite L. Rhea

816 North West 13th Street Gainesville, Florida 32601


Docket for Case No: 78-001622
Issue Date Proceedings
Jan. 15, 1979 Final Order filed.
Oct. 26, 1978 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 78-001622
Issue Date Document Summary
Jan. 09, 1979 Agency Final Order
Oct. 26, 1978 Recommended Order Respondent failed to report her extensive arrest record on application for Real Estate license. Recommended Order: revoke license without prejudice and allow her to refile corrected application.
Source:  Florida - Division of Administrative Hearings

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