STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WALTER LEE JORDAN, )

)

Petitioner, )

)

v. ) CASE NO. 90-4941

) FLORIDA REAL ESTATE COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

Notice was provided and on December 3, 1990 a formal hearing was held in this case. The location of the hearing was Jacksonville, Florida. Authority for the conduct of the hearing is set forth in Section 120.57(1), Florida Statutes. Charles C. Adams was the Hearing Officer.

APPEARANCES

For Petitioner: Walter Lee Jordan, Pro se

10770 Anders Boulevard

Jacksonville, Florida 32216

For Respondent: Joselyn M. Price

Assistant Attorney General Real Estate Bureau

State of Florida, Department of Legal Affairs

Suite 107 South

400 West Robinson Street Orlando, Florida 32801

STATEMENT OF ISSUES

The issues for consideration concern whether the Petitioner is qualified for licensure pursuant to Chapter 475, Florida Statutes, to act as a real estate salesman.

PRELIMINARY STATEMENT

On March 22, 1990, Petitioner made application for licensure as a real estate salesman. Following the processing of that application, by letter of June 25, 1990 from Ruth Clayton, Supervisor of Application Certification for Respondent, the Petitioner was invited to attend the Respondent's July 18, 1990 meeting. That meeting was to discuss the implications of the answer to Question

7 in which Petitioner admitted to a criminal record. By correspondence Petitioner was informed that through the July 18, 1990 meeting his license application had been denied based upon answers provided to Question 7 and answers provided to Question 14 which latter question pertained to a former denial of his request to obtain a real estate license which took place on

January 20, 1988 based upon a recommended order issued December 8, 1987. This correspondence advised the Petitioner of the right to a hearing pursuant to Chapter 120, Florida Statutes. Petitioner sought a formal hearing in accordance with Chapter 120, Florida Statutes, as received by counsel for Respondent on July 30, 1990. On August 7, 1990 counsel for Respondent made the Petitioner aware that the case was being submitted to the Division of Administrative Hearings for consideration of the dispute through a formal hearing. This eventuated in the final hearing of December 3, 1990.

At hearing Petitioner testified and presented the witnesses Anthony Speight, Warren A. Jones and Lee Stradtner. Respondent's Composite "A" was received as evidence.

A transcript of the hearing was prepared and filed with the Division of Administrative Hearings on December 17, 1990. The parties were afforded 10 days from the transcript filing date to file proposed recommended orders. Neither party availed itself of that opportunity.

FINDINGS OF FACT

1. On March 22, 1990, Petitioner made application with Respondent to become licensed as a real estate salesman. In the course of that application he provided an affirmative answer to Question 7. Question 7 said, "Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld." In particular, Petitioner acknowledged that he had been in the possession of a controlled substance in a case dating from February 8, 1976 and received a fine of $100.

   He further acknowledged a case dating from June 15, 1983 in which he received one day in jail for disorderly intoxication and breach of peace. Finally, he acknowledged an October 26, 1983 charge of carrying a concealed firearm in which adjudication was withheld. These offenses form the basis for Respondent's intent to deny the application for licensure.

   
   

2. Petitioner had applied for a real estate license in Florida on or about February 14, 1987. His application was denied. This lead to an administrative hearing in which the February 1976 and October 1983 offenses previously described were considered with another offense not the subject of the denial on this occasion. Based upon the criminal offenses and the failure to demonstrate rehabilitation following the commission of those offenses, Hearing Officer Diane

   K. Kiesling in her recommended order of December 8, 1987, recommended the denial of the license. That recommendation was accepted and a final order was entered on January 20, 1988, denying the license application. Given the denial in the prior case, Petitioner truthfully answered Question 14 in the present application and acknowledged Respondent's action turning down his request to receive a license in the previous submission. According to the present statement of denial because Petitioner had been denied before by action of the final order of January 20, 1988, Respondent would deny Petitioner's current application for licensure.

   
   

3. In summary, Respondent continues to hold the opinion that based upon Petitioner's moral turpitude as related to his criminal history and insufficient demonstration that he has rehabilitated himself, Respondent is unwilling to license the Petitioner. That is an erroneous impression as Petitioner proved at hearing.

4. Petitioner has not been arrested or incarcerated since the October 26, 1983 incident. He has been involved in the construction business since May, 1990, associated with the hauling and cleaning of debris from job sites. Petitioner operates this business. Prior to that time he had been employed by his father in a family-owned company, a roofing business.

   
   

5. Anthony Speight is Petitioner's pastor in the Living Way Christian Fellowship Church International in Jacksonville, Florida. He has known the Petitioner for three years and is the godfather to Petitioner's son. Petitioner and his four children attend services every Thursday and Sunday at Reverend Speight's Church. Reverend Speight converses with the Petitioner on a daily basis and has found the Petitioner to be a moral and upstanding citizen. Petitioner has participated in church activities related to building and remodeling of adjunctive services at the church site. Reverend Speight knows the Petitioner to be person who spends his time working, at home with the children and at church. The work Petitioner has done for the church has been without compensation. Reverend Speight believes the Petitioner to be a trustworthy individual. Reverend Speight does not believe that Petitioner is insincere in his attempt to live an upstanding life. The pastor also made mention of the fact that the Petitioner is desirous of helping disadvantaged persons who are without housing.

   
   

6. Warren A. Jones is a City Councilman in Jacksonville, Florida. He has known Petitioner throughout the Petitioner's life. His main involvement with the Petitioner was when the two men were growing up. As children he found the Petitioner to be a reasonable citizen from a good family background. He believes that Petitioner may have gone astray because of the environment in which he found himself. Mr. Jones is a real estate salesman.

   
   

7. Lee Stradtner is a broker with Reed Realty Group in Jacksonville, Florida. He also teaches as a real estate instructor at Florida Community College in Jacksonville, Florida. Petitioner took a course from Mr. Stradtner in Salesman's Principles and Practices I in January, 1990. The is a preparatory course for qualifying to take the real estate salesman's examination in Florida. The course has components that deal with ethical considerations emphasizing the fiduciary relationship between real estate persons and their clients. Stradtner found Petitioner's attendance at this course exemplary. Petitioner passed the final examination with a score of in excess of 90 per cent correct which was the highest grade in the class. Petitioner freely explained to Mr. Stradtner his prior criminal law problems. Mr. Stradtner encouraged Petitioner to reapply for licensure based upon Petitioner's attendance, performance and responses in class. He believed that Petitioner understood agency and fiduciary relationships and the fact that real estate professionals are involved with positions of trust. Outside the class Petitioner discussed with Mr. Stradtner the circumstances in an area of Jacksonville, Florida, known as Springfield. This discussion related to a project that Mr. Stradtner was working on at the time and that Petitioner showed an interest in. It pertains to renovation and restoration and the provision of affordable housing in close proximity to the down town area. This would make housing available for all segments of society. Mr. Stradtner has discussed the possibility that the Petitioner might work with Mr. Stradtner's realty group; however, Mr. Stradtner is not the broker in charge and an interview would have to be conducted with the managing broker in that firm before hiring Petitioner (assuming licensure).

   
   

8. All comments from the witnesses testifying in behalf of the Petitioner as reported in these findings of fact are credited.

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action pursuant to Section 120.57(1), Florida Statutes.

   
   

10. As envisioned by Section 475.17(1)(a), Florida Statutes, Petitioner to be licensed must demonstrate that he is honest, truthful, trustworthy and of good character and has a good reputation for fair dealing. Moreover, Section 475.25(1)(f), Florida Statutes, would allow the Respondent to deny the application based upon previous convictions or findings of guilt regardless of adjudication of any crimes, in any jurisdiction, which directly relate to activities of licensed salesman or those that involve moral turpitude or fraudulent or dishonest dealing.

    
    

11. Petitioner has the burden of proving his entitlement to licensure in accordance with the statutory provisions described. He has met that burden. On the previous occasion in which he sought a license Petitioner failed to demonstrate his rehabilitation following the commission of offenses which had shown him to be guilty of moral turpitude and lacking in good character and of questionable trustworthiness. At present that proof was forthcoming and convincing. He has demonstrated that with the passage of time and in view of his present conduct he is worthy to be considered as an applicant for licensure.

RECOMMENDATION

Based upon the findings of facts and the conclusions of law, it is, recommended that a Final Order be entered which accepts the Petitioner's application for licensure as a real estate salesman.

RECOMMENDED this 10th day of January, 1991, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this day of January, 1991.

COPIES FURNISHED:

Walter Lee Jordan 10770 Anders Boulevard

Jacksonville, FL 32216

Joselyn M. Price

Assistant Attorney General State of Florida, Department of

Legal Affairs

400 West Robinson Street, Suite 107 South Orlando, FL 32801

Kenneth E. Easley, General Counsel Department of Professional

Regulation

1940 North Monroe Street Tallahassee, FL 32399-0792

Darlene F. Keller, Executive Director Department of Professional

Regulation

Division of Real Estate Post Office Box 1900 Orlando, FL 32802

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which top submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 90-004941

Orders for Case No: 90-004941