STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DOUGLAS F. GOODMAN, )

)

Petitioner, )

)

vs. ) CASE NO. 87-5567

) FLORIDA REAL ESTATE COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, on March 14, 1988, in St. Petersburg, Florida. The issue for determination in this proceeding is whether petitioner's application for licensure as a real estate salesman should be granted or denied.

APPEARANCES

For Petitioner: Douglas F. Goodman

1100 Boca Ciega Isle

St. Petersburg Beach, Florida 33706

For Respondent: Manuel E. Oliver, Esquire

Assistant Attorney General

400 West Robinson Street, Suite 212 Orlando, Florida 32801

INTRODUCTION

On or about September 17, 1987, the Department of Professional Regulation, Division of Real Estate received an application for licensure as a real estate salesman from petitioner Douglas Farell Goodman. The Florida Real Estate Commission denied petitioner's application for licensure on the ground that he had been found guilty and convicted of a felony, and petitioner requested an administrative hearing.

At the hearing, petitioner testified on his own behalf, but presented no other witnesses or documentary evidence in support of his position that he is qualified for licensure. The respondent's composite Exhibits 1 and 2 were received into evidence. Only the respondent submitted proposed findings of fact and proposed conclusions of law subsequent to the hearing. The proposed factual findings of the respondent are accepted and incorporated herein.

FINDINGS OF FACT

Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:

1. Petitioner David F. Goodman was previously licensed as a real estate salesman in Florida from 1980 to 1986. On March 5, 1986, an Administrative Complaint was filed against him seeking disciplinary action on the grounds that he had been found guilty of a felony involving moral turpitude and had also failed to notify or inform the Florida Real Estate Commission of the guilty plea or of the conviction. In response to the Administrative Complaint, the petitioner voluntarily surrendered his license as a real estate salesman and entered a written agreement that his license would be revoked. In the "affidavit for the voluntary surrender of license for revocation," petitioner agreed that

   
   

   ". . . I will not apply for nor otherwise seek any real estate license or permit in the State of Florida for a period of not less than ten (10) years from the effective date of the revocation."

   
   

   By Final Order filed on May 29, 1986, the Florida Real Estate Commission revoked petitioner's license effective May 20, 1986.

   
   

2. Petitioner filed his current application for licensure as a real estate salesman on or about September 17, 1987. In responding to question 6 of the application, which inquired if the applicant had ever been convicted of a crime, found guilty or entered a plea of guilty or nolo contendere, petitioner stated:

   
   

   "Arrested 10-12-84 Conspiracy to traffic cocaine-Sentenced Feb. 25, 1986 to 4 years Federal Court.

   Docket #84-205-CR-T-10. Sentence 2 yrs. suspended 5 yr. Probation (Case 84-09340-CF(ICT) VFCDAPCA-Voluntarly

   (sic) surrendered real estate license (Case No. 0151698) Dept. of Prof. Reg.

   -Final Order filed by FREC 5-29-86."

   
   

   Petitioner also disclosed that his former real estate license had been surrendered and revoked.

   
   

3. The petitioner admits that he pleaded and was found guilty by the United States District Court for the Middle District of Florida of the felony offense of having knowingly and intentionally combined, conspired, confederated and agreed with various other persons to possess with intent to distribute a quantity of cocaine, a Schedule II, narcotic controlled substance. For this offense, petitioner was sentenced by the federal court to two years imprisonment, but the imposition of sentence was suspended and petitioner was placed on probation for a period of five years. The probationary period will terminate in April of 1990.

   
   

4. The petitioner further testified that he was also found guilty and convicted in state court for the same crime. He was sentenced to four years in state prison, and served eighteen months of that sentence before being released. He has been out of the state prison for approximately nine months. Petitioner admits his guilt regarding the federal and state cocaine charges, states that he learned and was humbled by that experience and states that he now wishes to

   reenter the real estate profession which he loves in order to provide for his family. The petitioner did not present any other witnesses or documentary evidence.

   
   

   CONCLUSIONS OF LAW

   
   

5. In a licensing proceeding, the burden of proof is upon the applicant to demonstrate that he meets all the requirements of law for such licensure. Among the statutory requirements for a real estate salesman license are that the applicant be "honest, trustworthy and of good character and ... have a good reputation for fair dealing." If an applicant's prior registration or license has been revoked, the applicant is to be deemed not qualified for licensure unless "because of lapse of time and subsequent good conduct and reputation or other reason deemed sufficient," it appears that the interest of the public and investors will not likely be endangered by the granting of licensure. Section 475.17(1)(a), Florida Statutes. In addition, conviction of a crime involving moral turpitude is grounds for denial of an application for licensure. Section 475.25(1)(f), Florida Statutes.

   
   

6. Moral turpitude includes anything done contrary to justice, honesty, principle or good morals. State ex rel. Tullidge v. Hollingsworth, 146 So. 660 (Fla. 1933); Pearl v. Florida Board of Real Estate, 394 So.2d 189 (Fla. 3rd DCA, 1981). Possess ion of cocaine with intent to distribute is undoubtedly a crime involving moral turpitude.

   
   

7. Petitioner has failed to establish that he meets the statutory criteria necessary to qualify for licensure as a real estate salesman. While petitioner testified that he learned a great deal from his prior criminal activity and punishment therefore, there was simply no evidence adduced from which it can be concluded that the interests of the public and investors would not likely be endangered by the granting of a license to petitioner at this time. Having had his prior license revoked two years ago, having been out of state prison for less than a year, and still being on probation with the federal court, petitioner has failed to demonstrate that a sufficient period of time has elapsed from which it would be logical to assume that he will continue to abstain from conduct involving moral turpitude. Likewise, petitioner failed to present any evidence that his subsequent good conduct or reputation is such as to be able to find that the interest of the public or investors would not likely be endangered by the granting of the license. The purpose of regulating real estate salesmen is to assure their minimal competence in order to protect the public from potential economic loss. Section 475.001, Florida Statutes. The petitioner's mere desire to return to the real estate profession, without further evidence of his qualification, is not sufficient to override the statutory criteria for licensure.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the application of David F. Goodman for licensure as a real estate salesman in Florida be DENIED.

Respectfully submitted and entered this 23rd day of May, 1988, in Tallahassee, Florida.

DIANE D. TREMOR

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 23rd day of May, 1988.

COPIES FURNISHED:

Douglas F. Goodman 1100 Boca Ciega Isle

St. Petersburg Beach, Florida 33706

Manuel E. Oliver, Esquire Assistant Attorney General Suite 212

400 West Robinson Street Orlando, Florida 32801

Darlene F. Keller

Acting Executive Director DPR, Division of Real Estate Post Office Box 1900 Orlando, Florida 32801

Docket for Case No: 87-005567

Orders for Case No: 87-005567