Judges: STEPHEN F. DEAN
Agency: Department of Business and Professional Regulation
Latest Update: Feb. 07, 1983
Summary: Did the Respondent obtain licensure by fraud or misrepresentation contrary to Section 475.25(1)(m), Florida Statutes?Respondent didn't report arrest and plea to possession of cocaine, which makes him guilty of misrepresenting his qualifications on his application. Revoke.
82-1389STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, FLORIDA REAL ESTATE ) COMMISSION, )
)
Petitioner, )
)
vs. ) CASE NO. 82-1389
)
CARL D. HILL, )
)
Respondent. )
)
RECOMMENDED ORDER
This case was heard pursuant to notice on November 16, 1982, in Zephyrhills, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case was presented upon an Administrative Complaint filed by the Florida Real Estate Commission against Carl D. Hill, alleging that Hill obtained his license by fraud and misrepresentation contrary to section 475.25(1)(m), Florida Statutes, by failing to reveal an arrest in response to a question on his application for licensure.
Prior to hearing, the parties presented a prehearing stipulation upon which the following findings are based. The proposed findings have been read and considered, and the findings herein are consistent with the proposed findings and stipulation.
APPEARANCES
For Petitioner: David P. Rankin, Esquire
4600 West Cypress, Suite 410
Tampa, Florida 33607
For Respondent: Jack W. Crooks, Esquire
4202 West Waters Avenue Tampa, Florida 33614
ISSUE
Did the Respondent obtain licensure by fraud or misrepresentation contrary to Section 475.25(1)(m), Florida Statutes?
FINDINGS OF FACT
The Respondent, Carl D. Hill, submitted an application for licensure to become a real estate salesperson on June 22, 1981. See Exhibit "A", a true and correct copy of the Respondent's application. Respondent admits he executed the original application in the line designated for the signature of the applicant.
Said application was received by the Florida Real Estate Commission on June 26, 1981, and was approved on July 24, 1981.
Based upon said application, Respondent was issued license number 0372160 as a real estate salesman.
In response to question number six in the referenced application, Respondent replied "no" to the question of whether he had 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.
On June 7, 1980, Respondent was arrested by the Hillsborough County Sheriff's Office and charged with trafficking in cocaine, possession of cocaine, delivery of cocaine and possession of a firearm during the commission of a felony. See Exhibit "B".
On May 12, 1981, Respondent pleaded guilty to the crime of delivery of cocaine. Upon accepting such plea, the Circuit Court for Hillsborough County imposed a sentence of five years' probation and withheld adjudication.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Section 120.57(1), Florida Statutes. The Florida Real Estate Commission is charged with regulation of real estate salespersons pursuant to Chapter 475, Florida Statutes.
Respondent's reply to question six of the application was incorrect. Respondent had been arrested, had pleaded guilty to a felony, and had been placed on probation with adjudication withheld by the circuit court. Respondent was aware of these actions.
The Respondent has the burden of establishing his qualifications for licensure. Respondent clearly answered question six incorrectly. Question six solicits information directly related to the applicant's good moral character. Under the facts presented, and in the absence of any contrary evidence from the Respondent, it is inferred that Respondent's incorrect answer to question six was intended to conceal his arrest and subsequent plea of guilty to a felony for the purpose of obtaining a license as a real estate salesperson. Respondent's conduct was in violation of Section 475.25(1)(m), Florida Statutes.
In its post-hearing brief, the Petitioner has receded from its allegation that Respondent's admission of delivery of cocaine is a violation of Section 475.25(1)(e), Florida Statutes. Therefore, no findings of fact or conclusions regarding this allegation are made.
RECOMMENDATION
Having found that the Respondent violated Section 475.25(1)(m), Florida Statutes, it is recommended that the license of Respondent as a real estate salesperson be revoked.
DONE and RECOMMENDED this 6th day of December, 1982, in Tallahassee, Leon County, Florida.
STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 6th day of December, 1982.
COPIES FURNISHED:
David P. Rankin, Esquire 4600 West Cypress, Suite 410
Tampa, Florida 33607
Jack W. Crooks, Esquire 4202 West Waters Avenue Tampa, Florida 33614
Samuel R. Shorstein, Esquire Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
C. B. Stafford, Executive Director Florida Real Estate Commission
400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
William M. Furlow, Esquire Florida Real Estate Commission
400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
Docket for Case No: 82-001389
Orders for Case No: 82-001389
| Issue Date |
Document |
Summary |
|
Jan. 18, 1983 |
Agency Final Order
|
|
|
Dec. 06, 1982 |
Recommended Order
|
Respondent didn't report arrest and plea to possession of cocaine, which makes him guilty of misrepresenting his qualifications on his application. Revoke.
|
