STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WALTER L. JORDAN, )

)

Petitioner, )

)

v. ) CASE NO. 87-3867

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

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held on October 27, 1987, in Jacksonville, Florida, before the Division of Administrative Hearings, by its designated Hearing Officer, Diane K. Kiesling.

APPEARANCES

For Petitioner: Walter L. Jordan, Pro Se

3225 Rosselle Street

Jacksonville, Florida 32205

For Respondent: Lawrence S. Gendzier

Department of Professional Regulation Florida Real Estate Commission

400 West Robinson, Room 212 Orlando, Florida 32801

ISSUES

The issue is whether the Petitioner, Walter L. Jordan, (Jordan) is entitled to licensure as a real estate salesman in the State of Florida.

Petitioner presented his own testimony. Respondent, Department of Professional Regulation, Florida Real Estate Commission, (Commission) had two exhibits admitted in evidence. The transcript of the proceedings was filed on November 18, 1987. At hearing the parties agreed to file proposed orders within ten days of the filing of the transcript The Commission's proposed order was filed on December 2, 1987, and is therefore untimely. Jordan has failed to file a proposed order. Accordingly, while the Commission has filed a proposed order, it has not been considered and no rulings will be made on the Commission's proposed findings of fact.

FINDINGS OF FACT

1. Jordan filed an application for a real estate salesman's license on or about February 14, 1987. In that application, Jordan acknowledged an arrest and conviction for possession of marijuana on February 12, 1976; an arrest and

   conviction for possession of a firearm in October, 1983; an arrest for aggravated assault in October, 1983, which was allegedly withdrawn by the prosecuting authority; and an arrest and conviction for breach of peace and disorderly intoxication in April, 1984.

   
   

2. Based upon these convictions, the Commission denied Jordan's application by letter dated August 27, 1987.

   
   

3. Jordan acknowledges these arrests and convictions, but does not believe he should be disqualified from licensure based on "two misdemeanors and one adjudication withheld." Further Jordan testified that it [the convictions] "doesn't prove I'm the best character in the world, but that's no real mar on my character, I wouldn't assume."

   
   

4. Jordan presented no evidence of rehabilitation except that he worked for a company named Hubbard from June, 1986, to December, 1986; he was self- employed or unemployed from December, 1986, to April, 1987; he has worked for his father doing construction work since April, 1987; and he is the father of four children that he is taking care of alone.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction of the parties to and the subject matter of these proceedings. Section 120.57(1), Florida Statutes.

   
   

6. Section 475.17(1)(a), Florida Statutes, provides:

   
   

   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...

   
   

7. Section 475.25(1)(f), Florida Statutes, provides that the Commission may deny a license if the applicant:

   
   

   (f) Has been convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the activities of a licensed broker or salesman or involves moral turpitude or fraudulent or dishonest dealing...

   
   

8. Jordan, as the applicant, has the burden of proving his entitlement to licensure. Jordan failed to present evidence, others than his own opinions, to establish that he is honest, trustworthy, or of good character. He has proved and admitted the arrests and convictions.

   
   

9. "Moral turpitude involves the idea of inherent baseness or depravity in the private, social relations or duties owned by man to man or by man to society. It has also beer defined as anything done contrary to justice, honesty, principle or good morals, though it often involves the question of intent, as when unintentionally committed through error of judgment when wrong was not contemplated." Pearl v. Florida Board of Real Estate, 394 So.2d 189 (Fla. 3rd DCA 1981). A broad range of crimes have been held to involve moral

   turpitude. It must be concluded that the crimes committed in 1983 and 1984 are crimes which are contrary to the moral standards of the community and therefore are crimes involving moral turpitude.

   
   

10. If Jordan presented proof of rehabilitation sufficient to meet the test in Aquino v. Department of Professional Regulation, 430 So.2d 498 (Fla. 4th DCA 1983), he could be considered for licensure despite the convictions. However, Jordan failed to offer proof sufficient to show rehabilitation.

    
    

11. Accordingly, it is concluded that Jordan failed to carry his burden of proving entitlement to licensure.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Real Estate Commission enter a Final Order

denying Walter L. Jordan's application for licensure as a real estate salesman.

DONE AND ENTERED this 8th day of December, 1987, in Tallahassee, Leon County, Florida.

DIANE K. KIESLING

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 8th day of December, 1987.

COPIES FURNISHED:

Mr. Walter L. Jordan 3225 Rosselle Street

Jacksonville, Florida 32205

Lawrence S. Gendzier Department of Professional

Regulation

Fla. Real Estate Comm.

400 West Robinson, Room 212 Orlando, Florida 32801

Tom Gallagher, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Harold Huff, Executive Director Department of Professional Regulation Division of Real Estate

Post Office Box 1900 Orlando, Florida 32801

Docket for Case No: 87-003867

Orders for Case No: 87-003867