STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE )

COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1677

) P.D. NO. 3376

STANLEY LERNER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a public hearing in this case on March 7, 1979, in Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Fred Langford, Esquire

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

For Respondent: None

The Florida Real Estate Commission ("the Commission") issued an Administrative Complaint against Respondent, Stanley Lerner, on or about August 17, 1978. In the Complaint, Petitioner charges that Respondent misrepresented in his application for registration as a Florida real estate salesman that his license to practice any regulated profession or occupation had never been denied, revoked, annulled or suspended upon grounds of fraudulent or dishonest dealings or violations of law, and that he had never resigned or withdrawn from, or surrendered any license to practice any regulated profession, occupation or vocation while charges of fraudulent or dishonest dealings were pending against him. Thereafter, by letter dated September 13, 1978, in accordance with the provisions of Section 120.57(1), Florida Statutes, the Commission requested that a Hearing Officer from the Division of Administrative Hearings be assigned to conduct the hearing. Final hearing in this cause was scheduled for March 7, 1979, by Notice of Hearing dated January 4, 1979.

Respondent did not appear at the final hearing. Petitioner called no witnesses at the final hearing, but submitted Petitioner's Exhibits Nos. 1 through 5, inclusive, each of which was received into evidence.

FINDINGS OF FACT

1. Respondent has been a registered salesman with the Commission since November 2, 1972. On or about June 14, 1979, Respondent submitted to the

   Commission an application for registration as a salesman which contained the following questions:

   
   

   17. (a) Has any license, registration or permit to practice any regulated profession, occupation or vocation been denied, revoked, annulled or suspended in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of law; or is any proceeding now pending?

   
   

   (b) Have you ever resigned or withdrawn

   from, or surrendered, any license, registration or permit to practice any regulated profession, occupation or vocation, while such charges were pending?

   
   

2. Respondent responded negatively to both the above quoted questions on his application form. In reliance on these statements, the Commission registered the Respondent as a real estate salesman on November 22, 1972.

   
   

3. Prior to his submission of an application for registration as a Florida real estate salesman, Respondent had been a practicing attorney in the State of New York. In the course of his practice of law, Respondent had been investigated by the Brooklyn Bar Association and charged with defrauding clients of proper shares of settlements; failing to maintain a special escrow account, and commingling personal funds with those of his clients; giving false testimony before a Grievance Committee of the Brooklyn Bar Association; failing to obtain court approval of infants' settlements; filing numerous retainer and closing statements which he knew to contain false information; failing to file retainer and closing statements with the Judicial Conference; grossly neglecting the prosecution of clients' cases; concealing the infancy of clients and failing to have guardians appear for infants in court action; representing conflicting interests; and engaging in systematic solicitation of negligence cases.

   
   

4. While the above-mentioned charges were pending, Respondent submitted his resignation as a member of the Bar of the State of New York, effective February 1, 1971. Respondent's resignation was accepted by the Appellate Division of the Supreme Court of the State of New York by Opinion issued March 1, 1971.

   
   

5. On February 24, 1970, Respondent applied for membership in the Florida Bar. In his application for membership in the Florida Bar, Respondent answered falsely to an inquiry concerning whether any charges or complaints, formal or informal, had ever been made or filed, or proceedings instituted against him while practicing law in any other jurisdiction. Subsequently, Respondent's license to practice law in Florida was revoked by Opinion of the Florida Supreme Court dated July 21, 1971.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes.

7. Section 475.25(2), Florida Statutes, provides that:

   
   

   The registration of a registrant shall be revoked if such registration, or a certificate issued thereon, is found to have been obtained by the registrant by means of fraud, misrepresentation, or concealment. . . .

   
   

8. It is concluded, as a matter of law, that the conduct of Respondent, Stanley Lerner, constitutes a violation of Section 475.25(2), Florida Statutes, in that said conduct clearly constitutes fraud, misrepresentation, or concealment.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That a Final Order be entered by the Florida Real Estate Commission revoking the Florida real estate salesman's license of Respondent, Stanley Lerner.

RECOMMENDED this 24th day of April, 1979, in Tallahassee, Florida.

WILLIAM E. WILLIAMS

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building

MAIL: Room 530, Carlton Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

Fred Langford, Esquire

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

Mr. Stanley Lerner c/o Kenneth Albert

1861 West Oakland Park Boulevard Fort Lauderdale, Florida 33311

Mr. Stanley Lerner 4251 Casper Court

Hollywood, Florida 33021

Docket for Case No: 78-001677

Orders for Case No: 78-001677