STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EUGENE HARRISON , )

)

Petitioner, )

)

vs. ) CASE NO. 80-1888

) FLORIDA BOARD OF REAL ESTATE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 8 January 1981 at West Palm Beach, Florida.

APPEARANCES

For Petitioner: Thomas Montgomery, Esquire

Post Office Box 788

Belle Glade, Florida 33434

For Respondent: Jeffrey A. Miller, Esquire

Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

By letter dated October 6, 1980 Eugene Harrison, Petitioner, by and through his attorney, requested a hearing on the denial of his application to take the examination for licensure as a real estate salesman. Petitioner was advised that his application had been disapproved by letter dated September 22, 1980 from the legal advisor to the Board of Real Estate, Respondent. Grounds for denial of the application consisted solely of Petitioner's criminal record.

At the hearing five witnesses, including Petitioner, testified on behalf of Petitioner and three exhibits were admitted into evidence. Proposed findings submitted by Respondent and not included below were not supported by competent and substantial evidence or were deemed immaterial to the results reached.

FINDINGS OF FACT

1. In his application to sit for the real estate salesman's examination Petitioner listed his criminal record accurately.

   
   

2. In 1975 Petitioner, while working as an executive with Florida Farm Workers Council, endorsed and cashed checks that had been forwarded with the weekly payroll checks-and made payable to non-existent workers as payees. At the time, Petitioner was running for mayor of Belle Glade and used the money to pay advertising bills associated with his campaign.

3. Some of these checks were cashed in Hendry County and some in Palm Beach County. As a result he was brought to trial in both Palm Beach County and Hendry County. At these trials he pleaded guilty and made restitution of the money taken. In Palm Beach County he was sentenced to 90 days in jail and placed on probation for 4 years. He served 28 days of that sentence and was paroled. In Hendry County he was sentenced to 5 years probation.

   
   

4. The probationary period in Palm Beach County was terminated on 14 May 1979 (Exhibit 3) and the probation period in Hendry County was terminated shortly thereafter.

   
   

5. Immediately following his conviction Petitioner was employed by Brevard Employment and Training Organization doing work similar to that he had done while employed by Florida Farm Workers Council and he has received several promotions to more responsible positions since his employment there began. His responsibilities include the supervision of federally funded programs for migrant and youth workers amounting to several hundred thousand dollars per year.

   
   

6. Petitioner is married and the father of three children. He was formerly a member of the police force in Belle Glade. He has been engaged in programs affecting low income workers for approximately 10 years and enjoys a good reputation in the community in which he lives and works. He is a member of the Mount Zion Church Belle Glade where he is a lay minister and serves as Sunday School superintendent. Reverend Robinson, who was pastor of Petitioner's Church in Belle Glade in 1975, and Reverend Thigpen, who replaced Robinson in 1977, both attested to Petitioner's good reputation in the community and opined that Petitioner was morally qualified for licensure as a real estate salesman.

   
   

7. The Executive Director of the United Way in Broward County has known Petitioner for five years and he averred that Petitioner's reputation in Broward County was very good, that Petitioner worked for him for two months as a loaned executive in Broward County's fund raising drive, and that in his opinion Petitioner would represent no danger to the public if licensed.

   
   

8. Petitioner's present supervisor also testified on behalf of Petitioner. Petitioner holds a responsible position in Broward Employment and Training Organization and the supervisor was aware of Petitioner's criminal record at the time Petitioner was hired. This witness also expressed his belief that Petitioner's licensure would present no danger to the public.

   
   

9. As a reference on his application Petitioner listed the individual who was his supervisor at Florida Farm Workers Council in 1975 when Petitioner acquired his criminal record.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of these proceedings.

    
    

11. Section 475.17, Florida Statutes (1979), provides in pertinent part:

    
    

    1. An applicant for licensure who

       is a natural person shall be 18 years of age, a bona fide resident of the state, honest, truthful, trustworthy, and of

       good character and shall have a good repu- tation for fair dealing. An applicant for an active broker's license or a salesman's license shall be competent and qualified to make real estate transactions and con- duct negotiations therefor with safety to investors and to those with whom he may undertake a relationship of trust and con- fidence. . . . if the applicant has been guilty of conduct or practices in this state or elsewhere which would have been grounds for revoking or suspending his license under this chapter had the appli- cant 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 board that the interest of the public and investors will not likely be endangered by the granting of registration.

       
       

12. Section 475.25(f), Florida Statutes (1979), provides that the license of a registrant may be suspended if he has been found guilty of a crime against the laws of this state. Accordingly, the denial of Petitioner's application was proper unless and until Petitioner presents evidence that he has been rehabilitated and the interests of the public and investors will not likely be endangered by the granting of the requested registration.

    
    

13. From the evidence submitted, it is clear that the incident giving rise to Petitioner's criminal conviction was an isolated incident which occurred more than five years ago. Since that time, Petitioner has cenpleted all extended probationary period and his reputation in the community in which he lives and works is excellent. From the evidence presented it is also clear that Petitioner is an upright member of his church and of society and that his registration as real estate salesman would present no danger to the public or to investors with whom registration would likely bring him in contact.

    
    

14. From the foregoing it is concluded that Petitioner is qualified to sit for the examination for licensure as a real estate salesman. It is therefore

RECOMMENDED that Eugene Harrison's application to take the examination for licensure as a real estate salesman be approved.

Entered this 12th day of February, 1981.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 12th day of February, 1981.

COPIES FURNISHED:

Thomas Montgomery, Esquire Post Office Box 788

Belle Glade, Florida 33434

Jeffrey A. Miller, Esquire Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

Docket for Case No: 80-001888

Orders for Case No: 80-001888