STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT JOSEPH COLLINGS, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2055

)

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: Allen W. Martincavage Sr., Esquire

Suite 110, 3923 Lake Worth Road Lake Worth, Florida 33461

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). The parties submitted proposed findings of fact which are incorporated herein to the extent they are relevant and consistent with the evidence.

FINDINGS OF FACT

1. Petitioner was arrested in St. Petersburg, Florida, in February, 1977, for driving under the influence of alcohol, found guilty and sentenced to a

   $100.00 fine, loss of driver's license for three months and a Driving While Intoxicated course.

   
   

2. In June of 1981, Petitioner was arrested for possession of marijuana and subsequently pled guilty to the charge of possession of marijuana.

   
   

3. Petitioner is currently employed as a meter reader with the Florida Public Utilities Company. The testimony of a coworker established that he is a reliable, trustworthy employee of the company. The testimony of other witnesses

   established that Petitioner has a reputation for honesty in the areas where he grew up and where he currently resides.

   
   

4. Petitioner is 25 years old. He accepts responsibility for his misconduct and demonstrates a degree of maturity which he apparently lacked at the time of the above violations.

   
   

   CONCLUSIONS OF LAW

   
   

5. 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. . .

      
      

6. Conviction of marijuana possession is an insufficient basis for revocation of a real estate license 1/, and should not be used to deny application for licensure. Petitioner's alcohol related offense occurred when he was 20 years old and is neither sufficiently serious nor current to justify denial.

RECOMMENDATION

From the foregoing, it is RECOMMENDED:

That Respondent enter a Final Order granting the application for licensure. DONE and ENTERED this 30th 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 30th day of November, 1982.

ENDNOTE

1/ Pearl v. Fla. Bd. of Real Estate, 394 So.2d 189 (Fla. 3d DCA 1981)

COPIES FURNISHED:

Allen W. Marincavage Sr., Esquire Suite 110, 3923 Lake Worth Road Lake Worth, Florida 33461

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 Post Office Box 1900

Orlando, Florida 32002

Samuel R. Shorstein, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

William Furlow, Esquire Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32802

Docket for Case No: 82-002055

Orders for Case No: 82-002055