Judges: SHARYN L. SMITH
Agency: Department of Business and Professional Regulation
Latest Update: Nov. 14, 1980
Summary: Respondent knowingly failed to disclose prior arrest in Delaware on application. Revoke Respondent's license for obtaining it by fraud and concealment.
80-0578.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF REAL ESTATE, )
)
Petitioner, )
)
vs. ) CASE NO. 80-578
)
ROBERT THOMAS BROWN, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Sharyn L. Smith, held a public hearing in this case on July 25, 1980, in Winter Haven, Florida.
APPEARANCES
For Petitioner: John Huskins, Esquire
Staff Attorney
Department of Professional Regulation 2009 Apalachee Parkway
Tallahassee, Florida 32301
For Respondent: No appearances was entered on
behalf of the Respondent.
FINDINGS OF FACT
The Respondent, Robert Thomas Brown, is registered with the Board of Real Estate (hereafter "Board") as a real estate salesman.
The Respondent's application for registration was approved by the Board, and on December 22, 1978, he was issued a salesman's license.
Question 6 of the Respondent's application filed with the Board reads as follows:
Have you ever been arrested for, or charged with, the commission of an offense against the laws of 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?
In response to this question, the Respondent inserted the work "no."
The Respondent knew the answer he supplied to Question 6 was false because of a prior arrest and conviction for burglary in Kent County, Delaware in 1967. The Respondent was adjudicated guilty and received a one year suspended sentence.
The Respondent was served with a copy of the Notice of Hearing in this proceeding by certified mail on or about October 29, 1979.
CONCLUSIONS OF LAW
Section 475.25(1)(m), Florida Statutes, authorizes the Board of suspend, revoke, fine or reprimand a licensee when the licensee has been found to have, inter alia,
[o]btained a license by means of
fraud, misrepresentation or concealment
. . . .
Competent and substantial evidence exists to show that the Respondent knowingly concealed his prior criminal record from the Board in order to obtain licensure.
RECOMMENDATION
Upon consideration of the foregoing, it is RECOMMENDED:
That the Respondent's real estate salesman's license be revoked.
DONE AND ORDERED in Tallahassee, Leon County, Florida, this 14th day of November 1980.
SHARYN S. SMITH
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 14th day of November 1980.
COPIES FURNISHED:
John Huskins, Esquire
Department of Professional Regulation 2009 Apalachee Parkway
Tallahassee, Florida 32301
Robert Thomas Brown
604 Avenue "E" Southeast Winter Haven, Florida 33880
Robert Thomas Brown Post Office Box 612
Winter Haven, Florida 33880
C. B. Stafford, Executive Director Florida Real Estate Commission
400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802
Docket for Case No: 80-000578
Orders for Case No: 80-000578
| Issue Date |
Document |
Summary |
|
Nov. 14, 1980 |
Recommended Order
|
Respondent knowingly failed to disclose prior arrest in Delaware on application. Revoke Respondent's license for obtaining it by fraud and concealment.
|
