Division of Administrative Hearings, Florida
Latest Update: Mar. 31, 1987
The basic issue in this case is whether the Petitioners' applications for registration in the state of Florida should be granted or denied. The corporate applicant has applied for registration as a broker/dealer. The individual applicant has applied for registration as a principal of the corporate applicant. The Department Proposes to deny both applications on the basis of Section 517.161(1)(h), Florida Statutes, contending that the applicants have demonstrated unworthiness to transact the business of a dealer and principal. The Petitioners have little, if any, dispute with the facts relied upon by the Department, but offered evidence in mitigation and assert that, on the facts in this case, they are entitled to registration. On January 28, 1987, one day before the hearing, the Petitioners filed Petitioners' Motion For Summary Recommended Order. The motion seeks relief on the basis of legal and factual issues which were not raised by the initial petition in this case. At the commencement of the hearing, the Respondent filed a Motion To Strike Petitioners' Motion For Summary Recommended Order. Following argument of counsel, the motion to strike was granted for the reasons stated in paragraphs 2 and 5 of the motion to strike. Subsequent to the hearing in this case, a transcript was filed on February 26, 1987, and, pursuant to ruling at the close of the hearing, the parties were allowed until March 18, 1987, within which to file their proposed recommended orders The deadline was subsequently extended to March 23, 1987, for all parties due to difficulties experienced by Petitioners' counsel with their word processing equipment. On March 23, 1987, both parties filed their proposed recommended orders The Petitioners also filed a brief in support of their position. Specific rulings on all findings of fact proposed by all parties are contained in the Appendix attached to and incorporated into this recommended order.Because of unworthiness of individual applicant, applications of both individuals' and corporation should be denied.