STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1818

)

ROBERT A. WHITTEMORE, III, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice an administrative hearing in the above styled cause was held before Delphene C. Strickland, Hearing Officer of the Division of Administrative Hearings, on July 19, 1979, beginning at 11:00 a.m. in West Palm Beach, Florida.

APPEARANCES

For Petitioner: Frederick H. Wilsen, Esquire

Florida Board of Real Estate

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

For Respondent: No appearance

STATEMENT OF THE ISSUE

Whether the application of the Respondent, Robert A. Whittemore, III, for registration should have been denied.

FINDINGS OF FACT

1. The Respondent, Robert A. Whittemore, III, filed an application for registration as a real estate salesman with the Petitioner Commission on April 18, 1978. The application was denied, and Respondent by letter requested an administrative hearing to "prove that I do meet with the qualifications" for licensure.

   
   

2. Respondent was sent notice of hearing on two (2) occasions by mail, and the notices were not returned. He did not appear to testify and sent no representative to testify in his behalf.

   
   

3. Respondent had been licensed as a real estate broker in New York, New York, which license expired on October 31, 1973.

   
   

4. The application submitted by Repondent showed that he was convicted of conspiracy in the third degree by the Supreme Court in the State of New York on August 19, 1976, and of falsely reporting an incident in the third degree on

   December 5, 1976, and sentenced on June 16, 1976. Thereafter a certificate of relief from disabilities on his real estate license was issued by a justice of the Supreme Court, State of New York, on October 20, 1977. Said certificate was submitted by Respondent at the time of his application for registration.

   
   

5. No memorandum of law was submitted by either party involved in this administrative hearing.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction of this cause pursuant to Section 120.57, Florida Statutes.

   
   

7. Section 475.17, Qualifications of applicants for registration, provides:

   
   

   1. An applicant for registration who is a natural person shall be required to make it appear that he is 18 years of age, honest, truthful, trustworthy, and of good character and that he bears a good reputation for fair dealing. An applicant for an active broker's registration or a salesman's registration shall be required to make it appear that he is competent and qualified to make real restate transactions and conduct negotiations therefor with safety to investors and to those with whom he may undertake a relationship of trust and confidence and show that he is a bona fide resident of the state. If it shall be made to appear that the applicant has been denied registration or a license or has been disbarred, or his registration or license has been revoked or suspended, by this or any other state or nation, or possession or district of the United States, or any court or lawful agency thereof, to practice or conduct any regulated profession, business or vocation, because of any conduct or practices which would have warranted a like result under this chapter, or that the applicant has been guilty of conduct or practices in this state or elsewhere, which would have been grounds for revoking or suspending registration under this chapter had the applicant then been registered, the applicant shall be deemed not to be qualified, unless, because of lapse of time and subsequent good conduct and reputation, or other reason deemed sufficient it shall appear to the commission that the interest of the public and investors will not likely be endangered by the granting of registration. . . .

      
      

8. Respondent Whittemore has failed to show that he is qualified to be licensed as a real estate salesman in the State of Florida.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that Respondent's application for registration be denied.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 30th day of August, 1979.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 30th day of August, 1979.

COPIES FURNISHED:

Frederick H. Wilsen, Esquire Florida Board of Real Estate

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

Mr. Robert A. Whittemore, III 5501 North Ocean Boulevard Ocean Ridge

Palm Beach, Florida 33435

Docket for Case No: 78-001818

Orders for Case No: 78-001818