STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JIMMIE L. NEWCOMB, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2054

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, FLORIDA REAL ESTATE ) COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

This cause came on for hearing in West Palm Beach, Florida, on September 23, 1982, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter. The parties were represented by:

For Petitioner: Jimmie L. Newcomb

2910 Melaleuca Drive

West Palm Beach, Florida 33406

For Respondent: Ralph Armstead, Esquire

Assistant Attorney General Department of Legal Affairs Room 212, 400 West Robinson

Orlando, Florida 32801

This matter arose on Respondent's denial of Petitioner's application for licensure as a real estate salesman. Respondent contends that Petitioner does not meet the statutory requirement that an applicant be "honest, truthful, trustworthy and of good character," as required by Subsection 475.17(1), Florida Statutes (1981). Respondent submitted proposed findings of fact which are incorporated herein.

FINDINGS OF FACT

1. On April 26, 1978, Petitioner was charged with speeding at the rate of

   44 miles per hour in a 30 mile per hour zone and with failure to have an operator's license in his possession. He pled guilty to the speeding charge on May 2, 1978, and paid a $28.50 fine on May 5, 1978.

   
   

2. In November, 1978, Petitioner was charged with being drunk in a public place and subsequently pled guilty to that charge on December 5, 1978, and paid a fine.

   
   

3. In January, 1979, Petitioner was charged with the offense of illegal sale of alcoholic beverage to a minor and pled guilty to this offense on February 6, 1976, being fined $50.00.

4. In January, 1977, Petitioner was charged with the offense of harassing and also charged with being drunk in a public place and pled guilty to both these charges on February 6, 1979, being fined for each offense.

   
   

5. In September, 1979, Petitioner was charged with driving under the influence with a blood alcohol level of .17 percent; and on September 27, 1979, pled guilty to the amended charge of reckless driving, being fined $100.00.

   
   

6. On January 27, 1981, Petitioner was charged with being drunk in a public place and for criminal trespass; and on January 27, 1981, he pled guilty to the charge of being drunk in a public place and was sentenced to one day in jail, with credit for time already served.

   
   

7. On April 1, 1982, Petitioner was charged with careless driving in West Palm Beach, Florida, and subsequently pled guilty to this offense, being fined

   $25.00.

   
   

   CONCLUSIONS OF LAW

   
   

8. Section 475.17, Florida Statutes (1981), provides in 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 reputation for fair dealing. . .

      
      

9. Petitioner's repeated convictions involving alcohol and motor vehicle operations indicate a lack of respect for the law. Petitioner, who is 23 years old, shows little indication that he accepts responsibility for his conduct. Therefore, he has not demonstrated the requisite trustworthiness and good character required of a licensed real estate salesman.

RECOMMENDATION

From the foregoing, it is RECOMMENDED:

That Respondent enter a Final Order denying the application for licensure. DONE and ORDERED this 24th day of November, 1982, in Tallahassee, Florida.

R. T. CARPENTER, 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 24th day of November, 1982.

COPIES FURNISHED:

Jimmie L. Newcomb 2910 Melaleuca Drive

West Palm Beach, Florida 33406

Ralph Armstead, Esquire Assistant Attorney General Department of Legal Affairs Room 212, 400 West Robinson

Orlando, Florida 32801

C. B. Stafford, Executive Director Florida Real Estate Commission

P.O. Box 1900

Orlando, Florida 32802

William M. Furlow, Esquire Department of Professional

Regulation

400 West Robinson Street

P.O. Box 1900

Orlando, Florida 32802

Samuel R. Shorstein, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 82-002054

Orders for Case No: 82-002054