The Issue Whether Dorothy M. Azar answered Question 6 on her application incorrectly with the intent to obtain her license by fraud, misrepresentation or concealment.
Findings Of Fact Dorothy M. Azar is a registered real estate saleswoman holding License No. 0164341 issued by the Florida Real Estate Commission. Azar applied for licensure initially on June 7, 1976. See Exhibit 1, pages 1 and 2. Azar subsequently reapplied on August 24, 1976. This application was stamped received by the Florida Real Estate Commission on August 27, 1976. Azar was arrested on June 9, 1976 pursuant to the Information filed by Robert Eagan, State Attorney, Ninth Judicial Circuit, State of Florida, which charged Azar with a violation of Florida Statute 812.021 and alleged that she took, sold or carried away property; to wit: clothing, the property of Robert Kleinmann as custodian and of a value of more than One Hundred Dollars ($100.00) with the intent to permanently deprive Kleinmann of the clothing. This criminal information was received as Exhibit 2. When Azar completed her second application on August 25, 1976, no action had been taken on the criminal charges pending against her. On or about this date, according to her testimony, she went from Lehigh Acres, Florida, to the Florida Real Estate Commission Offices in Winter Park, Florida, to review the examination which she had taken and failed in July. While there, she filled out her second application, pages 3 and 4 of Exhibit 1. According to her testimony, Azar was very rushed because her review appointment was for only one hour and she had arrived late. She stated that prior to her review she was given an application to fill out and that she did not even read the questions but copied her answers from her first application. She further testified that she had at first copied her old address in Orlando on the second application, correcting it to her new address in Lehigh Acres in the margin of the application. See page 3, Exhibit 1. On September 8, 1976, the Florida Real Estate Commission made a check of any arrests of Azar as indicated by the annotation on the second application under Question 6. On November 30, 1976, Azar entered a plea of no contest to the charge of attempted grand larceny and adjudication was withheld. See the Court Minutes, Exhibit 3, and the testimony of Azar. On November 15, 1976, the Florida Real Estate Commission issued Azar her license as a registered real estate saleswoman. The answers to Questions 4 and 5 on the second application filed by Azar differ slightly from the answers given to those questions on her first application. Although Azar testified that she did not read the questions on the second application but recopied her answers from her first application, the fact that the entries on the second application to Questions 4 and 5 differ from those on the first application indicates that Azar at least read the two questions preceding Question 6. This fact and the content of Question 6 lead to the conclusion that Azar did read Question 6. Further, an arrest on a charge of Grand Larceny within the preceding ninety days would be sufficiently memorable for Azar to recall when prompted by reading Question 6. Having determined, that Azar did in fact read Question 6 and would have remembered her arrest, one must conclude that Azar knowingly did not correctly answer Question 6 and therefore intended to conceal her arrest.
Recommendation The Hearing Officer, based upon the foregoing Findings of Fact and Conclusions of Law, recommends that the Florida Real Estate Commission revoke the registration of Dorothy N. Azar as a registered real estate salesman with leave for Azar to immediately refile her application. DONE and ORDERED this 12th day of August, 1977, 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: Frederick H. Wilsen, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 E. G. Couse, Esquire 2069 First Street, Suite 202 Post Office Drawer 1686 Fort Myers, Florida 33902
The Issue Whether the petitioner meets the qualifications for licensure as a real estate salesman.
Findings Of Fact On July 6, 1984, the petitioner filed an application for licensure as a real estate salesman with the Department of Professional Regulations Division of Real Estate. The petitioner responded in the affirmative to question 6, which asked whether the applicant had "ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere. . .", and set forth the details as follows: "Attempted Possession of Stolen Property" (New York) Bronx Date of Probation May 29, 1984 Date of Conviction November 16, 1983 Probation Officer Ms. English 212-590-3101 By letter dated September 24, 1984, and undated letter filed October 31, 1984, the petitioner was informed that the Commission had denied his application for licensure. In pertinent part the letter stated as follows. "The power of the Commission to review and deny applications is based upon Sections 475.17 and 475.25, Florida Statutes. Subsection 475.17(1) calls for the applicant to be "honest, truthful, trustworthy, and of good character, and shall have a good reputation for fair dealing. . ." The reason for the Commission's action is based on your answer to Question(s) 6 of the licensing application and/or your criminal record according to the appropriate law enforcement agency. The petitioner owned a secondhand jewelry business in New York, similar to a pawn shop. He dealt with people all over the world, mainly wealthy people, and they sold him antiques and jewelry. He informed anyone coming in his store that he did not buy stolen goods and had a sign on his wall so stating. One gentleman, that had been a client for approximately three years, came into the store about every six or seven months to sell something. The last time this individual came into the store, about four weeks before the petitioner closed his business and moved to Florida, the individual implied that the gold he was selling might not belong to him. However, petitioner wasn't paying particular attention at that time to what the individual was saying since the petitioner had had previous dealings with him. After moving to Florida, in February of 1983, Petitioner was notified that he had been indicted in Bronx, New York. He flew back to New York and turned himself into the authorities. He discovered that the gentleman with whom he had been dealing for three years was a New York police officer and that their conversations had been taped. The tape revealed that during the last transaction the officer had implied that the gold he was selling did not belong to him. Petitioner pleaded guilty to attempted possession of stolen property, a felony, and was placed on probation for five years beginning in December, 1983. Petitioner has had a very good record while on probation. The petitioner held a real estate license in New York for over 10 years which has now expired. The license was never suspended or revoked and petitioner never had any other type of problem while in the real estate business. Since petitioner has been in Florida he has held responsible jobs handling large amounts of money. His employers, friends and coworkers have been impressed with his reliability, integrity and honesty. Petitioner presented sufficient evidence to show that since living in Florida he has been honest, truthful, trustworthy, of good character, and has a good reputation for fair dealing. Nevertheless, respondent pleaded guilty to the crime of attempted possession of stolen property and is still on probation for that crime. Although an isolated unlawful act or criminal conviction in the past does not necessarily mean that an individual is presently dishonest, untrustworthy or of bad character, 1/ it must be concluded that when an individual is presently on probation for a crime involving dishonest dealing, the unlawful act or conviction is not so remote that it can be deemed an isolated incident in the past. Because Petitioner is still on probation for a crime that involves dishonesty and a lack of trustworthiness, petitioner has not established that he meets the requirements of Section 474.17(1)(a), Florida Statutes.
Recommendation Based on the foregoing findings of fact and conclusions of law it is RECOMMENDED that petitioner's application for licensure be DENIED. DONE and ENTERED this 12th of December, 1985, in Tallahassee, Leon County, Florida. DIANE A. GRUBBS 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 12th day of December, 1985.
Findings Of Fact John M. Stroud is a registered real estate saleman holding registration number 0172065 issued the Florida Real Estate Commission. On December 17, 1976, John M. Stroud was arrested for burglary and committed to the custody of the sheriff of Brevard County for the offense of burglary. On December 15, 1976, Stroud had his completed application notarized by R. Jack Simpson. Stroud's application was initially received by the Florida Real Estate Commission on January 5, 1977, and was returned to Stroud because he had not enclosed the fee required. It was resubmitted with the fee and received by the Florida Real Estate Commission on January 14, 1977.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer RECOMMENDS: That the registration of John M. Stroud be revoked. DONE and ENTERED this 9th day of December, 1977 in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of December, 1977. COPIES FURNISHED: David T. Young, Esquire 1197 So. U.S. Highway 1 P.O. Box 563 Rockledge, Florida 32955 Bruce I. Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789
Findings Of Fact At all times material to the charges, respondent was a licensed real estate salesman, on inactive status, holding license no. 0330793., and residing in Lake Worth, Florida. In early October, 1983, Jack Barlage entered the offices of Colony Real Estate in Lake Worth, Florida. He was a builder and looking for acreage to purchase. Joyce Adams, a real estate salesman with Colony Real Estate, met with him and, two or three days later, showed him a 5.207 acre tract of land in sunny Urban Meadows, an unrecorded subdivision located west of Loxahatchee, Florida. He expressed an interest in the property; she told him that the owner, Richard Moore, might be willing to sell it. A day or two later, Mr. Barlage called Ms. Adams and asked if she would call owner Moore and obtain a purchase price. She responded that she would not get a commission from selling the property and that he should deal with "Leon," who would be able to contact Mr. Moore, the owner. A day or two later, Ms. Adams introduced Mr. Barlage to "Leon," who was Leon Dennis, respondent's husband--the original developer of Sunny Urban Meadows. This meeting took place at a nearby coffee shop in Royal Palm Beach, called Sandy's. John Adams, Ms. Adams' husband and a real estate salesman, was also present. Respondent did not attend this meeting and there is no evidence that she was, at this point in time, involved in the transaction. This coffee shop meeting was Ms. Adams' last contact with Mr. Barlage, and she had no further involvement in this real estate transaction. A contract for "purchase and sale" of the Sunny Urban Meadows tract was prepared at this meeting and signed by Mr. Barlage, the prospective purchaser. Leon Dennis, respondent's husband, retrieved the form "purchase and sale" contract from his car, returned to the coffee shop, and completed it in the presence of the others. He filled in the terms, including a $28,000 purchase price. He arrived at this figure based on her knowledge of current land values in the area. The form "Brokerage Fee" provision on the bottom of the contract, however, was not filled in; no sales commission was indicated and no broker identified. Mr. Dennis told purchaser Barlage that he would have the contract presented to owner Moore. At that time, Mr. Barlage had not yet had any contacts with respondent, Mr. Dennis's wife. Mr. Dennis, with the help of a relative who was a close friend of Mr. Moore's, then had the contract delivered to Mr. Moore, in Punta Gorda, Florida. Approximately a week earlier, respondent had telephoned Mr. Moore, asking if he wanted to sell the subject property. At that time, a sales commission was not discussed; neither did she represent that she was a licensed real estate salesman or broker. But when the original contract was subsequently delivered to him by Mr. Moore's relative, the "Brokerage Fee" provision had been completed, providing for payment of ten percent of the gross price or $2,800 to Pat Dennis, the respondent. Her name was hand printed above the line labeled, "Name of Broker." Upon receiving the contract and discovering the sales commission, Mr. Moore telephoned respondent and told her that he would not pay a ten percent commission--he said he would agree only to a six percent commission, to be split between her and his own real estate brokerage firm. He also told her that if those terms were not acceptable to her, he "would go ahead and do it without her and give-her her money after the deal was done." (TR-21) Mr. Moore then arranged to meet directly with Mr. Barlage, the prospective purchaser. On October 9, 1983, Mr. Barlage drove to Punta Gorda and met Mr. Moore in a hospital parking lot to finalize the contract. Mr. Moore, noting the "Brokerage Fee" provision, said "Who are these people?" and "Well, I'll take care of them," or words to that effect, (TR-10). He then drew a line crossing out the "Brokerage Fee" provision and initialed it. He then told Mr. Barlage he wanted to do a credit check; one or two days later, he called Mr. Barlage and told him he was going to accept the contract. It was at that time, on or about October 9, 1983, that Mr. Moore executed the contract as seller. For reasons not material, the contract of sale was never carried out by the parties. Mr. Barlage unilaterally cancelled the contract. When Mr. Moore called him to inquire about the $500 earnest money deposit, which the contract had indicated was held by "Stewart Title," Mr. Moore learned that a deposit had not been received by Stewart Title; in fact, Mr. Barlage had made no deposit at all. There is conflicting testimony as to whether respondent ever communicated with Mr. Moore concerning this real estate transaction. Respondent denies any direct involvement. Her denial is rejected and the testimony of Mr. Moore, who had no discernible bias or motive to falsify, is accepted as persuasive.
Recommendation Based on the foregoing, it is RECOMMENDED: That respondent's license as a Florida real estate salesman be revoked for violating Section 475.25(1)(a) and (b) and 475.42(1)(b), Florida Statutes, in the manner described above. DONE and ORDERED this 25th day of February, 1985, in Tallahassee, Florida. R. L. CALEEN, JR. 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 25th day of February, 1985. COPIES FURNISHED: Fred Langford, Esquire Division of Real Estate 400 West Robinson Street Orlando, Florida 32802 Richard McClain, Esquire 6167 Haddon Road West Palm Beach, Florida 33409
Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, the arguments of counsel and the exhibits received into evidence, I make the following: The Defendant is a real estate salesman registered with the Commission and currently holds registration certificate number 0151729 (non-active). Defendant applied for registration as a real estate salesman by execution of a sworn application with the Commission on March 4, 1975 and was issued an initial registration certificate as such effective September 29, 1975. In response to the question as to whether or not she had ever been arrested for the commission of any offense against the laws of this state, she responded that "in 26years of living, I could honestly say I had (sic) never been arrested, either justly or unjustly." (See Commission's Exhibit #1). Exhibits introduced and received during the course of the hearing clearly reveal that the Defendant was arrested on January 21, 1975 and charged with engaging in the unlawful practice of massage for a fee or gratuity without a certificate or registration in violation of Section 480.02(1), Florida Statutes; and for the unlawful receipt of a fee for touching or offering to touch the sexual parts of another for the purpose of arousing or gratifying sexual desire. Officer White, a police officer for Broward County was called and credibly testified that the Defendant, Sharon Lee (Blackburn) Jarvis is the same Sharon Lee Blackburn that was arrested on January 21, 1975, and stated that the charges were nolle prosequi because of the Defendant's cooperation with the police on other related charges. Michael H. White, a police officer with the City of Ft. Lauderdale, was called and testified that he arrested the Defendant on June 13, 1975 and charged her (Defendant) for the offense of "indecent assault upon a child". On June 2, 1976 the Defendant entered a plea of nolo contendre to the above offense and was placed on probation for a period of six years. (See Commission's Composite Exhibit #5) Although Defendant complained that she was not served with copies of the administrative complaint and notice of hearing, evidence reveals that such was mailed to her at her last known address. It was noted that the complaint and notice of hearing which was mailed by the Commission was returned as "undeliverable". These documents were mailed to Defendant at her last known address. A registrant is required to immediately notify the Commission of address changes. (Chapter 475.23, Florida Statutes, and Rule 21V-9.01, F.A.C.) This the Defendant failed to do. As an aside, evidence reveals that Defendant received a copy of the notice of hearing sent by the undersigned. Accordingly, Defendant lacks standing to now complain that she did not receive notice of the proceedings herein. Based on the foregoing findings of fact, I make the following:
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby, RECOMMENDED: 1. That the Defendant's registration with the Florida Real Estate Commission as a real estate salesman be revoked. RECOMMENDED this 9th day of June, 1977, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675
Findings Of Fact Petitioner is a regulatory agency of the State of Florida charged with the responsibility of investigating and processing applications for licensure of real estate salesmen in the State of Florida. On February 20, 1989, Petitioner filed an application with Respondent seeking licensure in the State of Florida as a real estate salesman. Question 7 of the application form required Petitioner to disclose whether he had ever been convicted of a crime, had been found guilty of a crime, or had entered a plea of guilty or nolo contendere to a crime. The question explicitly applied to any violation of the laws of any municipality, county, state or nation, including traffic offenses (except parking, speeding, inspection, or traffic signal violations), without regard to whether the applicant had been placed on probation, had had adjudication withheld, had been paroled, or had been pardoned. Petitioner disclosed the following violations of law in his handwritten response to Question 7: In 1985, attempted possession of cocaine less than 1 gram for which he received 60 days probation; In 1985, disorderly intoxication for which he received three months probation; In 1985, speeding for which he received a fine; In 1985, vandalism for which no disposition was shown; In 1986, violation of probation for which no disposition was shown, and In 1986, possession of a stolen automobile tag for which he received two years probation. Petitioner failed to disclose the following violations of law in his response to question 7: In 1977, sexual battery for which he was placed on five years probation; In 1980, violation of probation; and In 1980, driving under the influence of alcohol for which he received six months probation and a fine of $100. Petitioner knew that he had committed the undisclosed offenses and he knew that he had not listed the undisclosed offenses in response to question 7. Petitioner could not justify his failure to list the undisclosed violations in his response to question 7. Respondent's denial of Petitioner's application was based on the violations of law disclosed by Petitioner, on the violations of law Petitioner failed to disclose, and on the failure of Petitioner to disclose violations of law. Following the denial of his application, Petitioner timely requested a formal hearing. This proceeding followed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Department of Professional Regulation, Florida Real Estate Commission, enter a final order which denies Petitioner's application for licensure as a real estate salesman in the State of Florida. DONE and ORDERED this 28th day of September, 1989, in Tallahassee, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of September, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-3180 The following rulings are made on the proposed findings of fact contained in the Proposed Recommended Order submitted by Respondent: The proposed findings of fact of paragraphs 1-3 are accepted. The proposed findings of fact of paragraph 4 that the charge of sexual battery was reduced to attempted sexual battery is rejected because there was no evidence that the charge was reduced. The remaining proposed findings of fact in paragraph 4 are accepted. The proposed findings in paragraph 5 are rejected as being recitation of testimony and as being subordinate to the findings made in paragraph 6 of the Recommended Order. The proposed findings of paragraph 6 are accepted as part of the Preliminary Statement of the Recommended Order, but they are rejected as findings of fact as being unnecessary to the result reached. COPIES FURNISHED: Jack P. Hardin 722 Fernwood Drive West Palm Beach, Florida 32801 Manuel E. Oliver, Esquire Assistant Attorney General Suite 212, 400 West Robinson Orlando, Florida 33405 Kenneth E. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Darlene F. Keller, Division Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801
The Issue Whether petitioner's application for licensure as a real estate salesman should be denied because of his alleged criminal record and his false denial (on his application) that he has ever been arrested for or charged with the commission of a crime.
Findings Of Fact On May 17, 1982, petitioner filed an application for licensure as a real estate salesman with the Florida Real Estate Commission. (R-2) Question number six on his application reads: Have you ever been arrested for, or charged with, the commission of an offense against the laws of any muni- cipality, state or nation including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled? If yes, state details including the out- come in full. He falsely answered this question, "No." (R-2) On February 7, 1976, he was arrested in West Palm Beach for carrying a concealed weapon, a .38 caliber revolver. (TR.-15) On November 2, 1974, he was arrested for driving while under the influence of alcohol in West Palm Beach. He pled guilty to the charge and adjudication was withheld. (TR.-l6) On March 3, 1973, he was arrested in West Palm Beach for driving while under the influence of alcohol and was later convicted. (TR.-16-17) On June 25, 1965, he was arrested in Palm Beach County for violating his probation. (TR.-l8) In December, 1964, he was arrested in Palm Beach County on charges of breaking and entering a dwelling house with intent to commit a misdemeanor, indecent exposure and malicious trespass. He pled guilty to malicious trespass; the breaking and entering and indecent exposure charges were dropped. (R-5) On December 26, 1962, he was arrested in Palm Beach County on a robbery charge. He was later convicted of accessory after the fact and sentenced to three years in Florida State Prison. (TR.-19-20) On May 3, 1962, he was arrested for and convicted of drunkenness in West Palm Beach. (Tr.-21) On December 14, 1960, he was arrested in West Palm Beach and charged with resisting a police officer, traffic violations and drunkenness. He was later convicted of these charges. (TR.-21-22) His civil rights, automatically suspended when he was convicted of a felony, have been restored and he is now able to vote in Florida. (Testimony of petitioner)
Recommendation Based on the foregoing, it is RECOMMENDED: That petitioner's application for licensure be denied for failure to show that, at this time, he possesses the honesty, truthfulness, trustworthiness, and good character required by Section 475.17(1). However, this denial should not prejudice his right to reapply in the future. DONE and ENTERED this 23rd day of September, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. 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 23rd day of September, 1983.
Findings Of Fact On November 18, 1976, the Real Estate Commission received respondent's application for registration as a real estate salesman. In answering the sixth question on the application form, respondent indicated that he had never been arrested for any offense. In fact, respondent was arrested for driving while intoxicated in Ft. Lauderdale and was convicted of this offense in municipal court on September 22, 1960. On April 3, 1962, he was convicted in municipal court of assault and battery on the person of Jill Boyd an offense for which he was arrested in Ft. Lauderdale on March 27, 1962. He was arrested a second time for driving while intoxicated in Ft. Lauderdale and was convicted of this offense in municipal court on February 28, 1967. On still other occasions, respondent was arrested for public intoxication and for traffic offenses. Before submitting his application for registration as a real estate salesman, respondent enrolled at the Florida Real Estate Academy for a five day crash course. An instructor told his class that the Real Estate Commission checked only five years back for arrests.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner revoke respondent's real estate salesman's license with leave to respondent to file a proper application. DONE and ENTERED this 6th day of December, 1977, 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: Mr. Louis B. Guttmannp, III, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Michael Diamond Post Office Box 9206 Ft. Lauderdale, Florida 33310
Findings Of Fact By an application dated February 19, 1979, Petitioner, Barbara Ann Bisque, applied for registration as a real estate salesman with the Florida Board of Real Estate. Question number 6 on the application 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?" To that question Petitioner answered "Yes." If a "Yes" answer is provided the applicant was asked to state the details including the outcome in full. She wrote, "forgery-not convicted- probation" and attached an explanation. Her explanation on a separate sheet of paper stated: "To Whom It May Concern, The actual charge was uttering a forged or false instrument. The incident occurred in August of seventy- seven. It involved my sister and I. We were shopping at Burdines and found a credit card in the cosmetic department and attempted to purchase clothes with it. We were observed by security, approached, and later arrested. I went to court and was not convicted but placed on two years probation. I served for eighteen months and was released for good behavior." (Signed) Barbara Ann Bisque Her application failed to disclose that on October 30, 1973, in Broward County Court in Case Numbers 73-33224MM and 73-17493MM she pled nolo contendere to two charges of disorderly conduct. These charges were reduced from initial charges of indecent exposure. She was adjudged guilty and sentenced to a fine and costs. As a result of her failure to disclose her two arrests for indecent exposure and conviction for disorderly conduct, the Respondent Board denied Petitioner's application for registration. Petitioner failed to disclose the two arrests for indecent exposure and her convictions for disorderly conduct due to her mistaken belief that Question number 6 was concerned only with arrests or charges for offenses committed while an adult. It is her recollection that in 1973, at the time of her arrest, she was legally a minor. For this reason, she chose not to disclose those incidents on her application. Her belief, while legally naive, is given credibility by the fact that she did freely disclose her arrest and subsequent probation for forgery.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the application as submitted by Barbara Ann Bisque be denied, but without prejudice to her filing a new application to demonstrate that she meets the requisite qualifications for licensure as a real estate salesman and that the Board take such further action on the new application as appropriate. DONE and ENTERED this 4th day of February, 1980, in Tallahassee, Florida. MICHAEL PEARCE DODSON 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 4th day of February, 1980. COPIES FURNISHED: Edward F. O'Connor, Esquire 125 Worth Avenue, Suite 308 Palm Beach, Florida 33480 Salvatore A. Carpino, Esquire Staff Attorney Florida Board of Real Estate 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact Stuart Jacobs is a registered real estate salesman holding registration certificate No. 0161986 as a non-active real estate salesman. See EXHIBIT 1, Affidavit of C. B. Stafford. Stuart Jacobs first applied for registration with the Florida Real Estate Commission on March 16, 1976, which was received by Florida Real Estate Commission on March 17, 1976. See EXHIBIT 2, Affidavit of C. B. Stafford. In answer to Question No. 6, Jacobs answered "Yes," and explained in the space provided as follows: "1. Traffic offenses (accident) 2. Charged with grand larceny but no conviction of record." On or about July 20, 1976, Mr. Robert J. Corda, investigator for Florida Real Estate Commission, contacted Stuart Jacobs and arranged to meet with Jacobs to discuss Jacobs' response to Question No. 6, specifically as it related to Jacobs' having been charged with grand larceny. Shortly thereafter a meeting was held between Corda and Jacobs and at that meeting Jacobs prepared .and submitted another application. The original of that application was produced at the hearing from Mr. Corda's file which was received as EXHIBIT 7. Also produced from the Florida Real Estate Commission's file at the hearing was a letter dated July 22, 1976 from Mr. Jacobs to Mr. Corda, which was received as EXHIBIT 6. Mr. Corda was fully advised of Mr. Jacobs' status at the meeting and of the facts behind Jacobs' trial by letter. Jacobs was found guilty of the criminal charges but adjudication was withheld. See EXHIBIT 3, Criminal Information #CR74-2526; EXHIBIT 4, Jury Verdict finding Jacobs guilty of the offense charged in Information #CR74-2526; and EXHIBIT 5, Order Withholding Adjudication of Guilt and Placing Defendant on Probation. Jacobs was registered by the Florida Real Estate Commission effective September 4, 1976, as a non-active salesman, two and one half months after this interview and correspondence with Corda.
Recommendation There being absolutely no evidence of fraud, misrepresentation or concealment by Jacobs which resulted in his registration as a real estate salesman, the Hearing Officer recommends no action be taken against the license of Stuart Jacobs. DONE and ORDERED this 10th day of March, 1977, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Richard J. R. Parkinson, Esquire Associate Counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Ralph V. Hadley, III DAVIDS, BENSON & HADLEY, P.A. Post Office Box 1312 Winter Garden, Florida 32787
