STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In re: The application of Author )

Steinhardt to take the examination ) CASE NO. 76-1283 for registration as a real estate ) (P.D. NO. 2903) salesman. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on December 28, 1976 at Miami, Florida.

APPEARANCES

For Petitioner: Fred H. Wilson, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Arthur Steinhardt, representing himself

Post Office Box 4946 Hialeah, Florida 33014

This is an appeal by Arthur Steinhardt from the third denial of his application to sit for the examination given applicants for registration as real estate salesman by the FREC. During the proceedings three witnesses, including Applicant, appeared and two exhibits were admitted into evidence, one as a late- filed exhibit.

FINDINGS OF FACT

1. Arthur Steinhardt, on September 27, 1972; July 5, 1973; and November 17, 1975 applied to take the examination given to applicants for registration as real estate salesman by the FREC. All of these applications were denied on grounds that applicant had failed to give complete answers to questions on the application and had failed to show that he met the statutory qualifications of honesty, truthfulness, trustworthiness and good character.

   
   

2. At the instant proceeding the FREC's attorney stipulated that the giving of incomplete answers on the application was no longer an issue and that the FREC had been fully apprised of the applicant's past record of conviction.

   
   

3. Applicant, who is presently 59 years old, was convicted in 1969 of grand larceny and uttering a forgery, and sentenced to prison for a term of six months to three years. He was released after serving nineteen months and applied for a pardon on May 19, 1971. On June 15, 1972 he was granted a pardon and his civil rights were restored.

   
   

4. Since his release from prison he has worked as office manager for his sister who is a licensed mortgage broker and real estate broker.

5. Applicant filed for bankruptcy and was discharged by the referee in bankruptcy in 1973. For the past six years he has had no further brushes with the law.

   
   

6. The conviction for which applicant was imprisoned involved a family dispute and the ownership of family assets is presently in litigation with applicant and his sister attempting to recover estate assets from a brother.

   
   

7. One witness, a member of the Florida Bar, testified to the good character and business reputation of the Applicant. One affidavit of good character has been received as late-filed Exhibit 2.

   
   

   CONCLUSIONS OF LAW

   
   

8. Section 475.17 F.S. enumerates the qualifications of applicants for registration with the FREC and provides in pertinent part:

   
   

   . . . or that the applicant has been guilty of conduct or practices in this state or else where, which would have been grounds for revoking or suspending registration under

   this chapter had the applicant then been registered, the applicant shall be deemed to be not qualified, unless, because of lapse of time and subsequent good conduct and reputation or other reason deemed

   sufficient it shall appear to the commission that the interest of the public and investors will not likely be endangered

   by the granting of registration."

   
   

9. Applicant's conviction of the offenses of grand larceny and uttering a forgery involve moral turpitude and would constitute grounds for suspending the grounds of a registrant pursuant to Section 475.25(1)(e) F.S.

   
   

10. The only issue to be considered in this case is whether or not the applicant, through lapse of time and evidence of good character has demonstrated rehabilitation such as to warrant the conclusion that he will not be a danger to investors or others with whom he may enter into a fiduciary relationship pursuant to his registration as a salesman with the FREC.

    
    

11. Apart from the unrebutted evidence that applicant is of good moral character and is honest in business dealings, the fact that six years has elapsed since his release from the sentence he received, and the restoration of his civil rights without any further charges brought against him, is sufficient to demonstrate rehabilitation. In this connection it is noted that had applicant been represented at this hearing by an attorney a plethora of affidavits of good character undoubtedly would have been presented.

    
    

12. From the foregoing it is concluded that sufficient evidence of rehabilitation has been presented to qualify applicant to take the examination for registration as a real estate salesman by the FREC. It is therefore,

RECOMMENDED that the application of Arthur Steinhardt to take the examination for registration as a real estate salesman be approved.

DONE and ENTERED this 27th day of January, 1977, in Tallahassee, Florida.

K.N. AYERS Hearing Officer

Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304

Docket for Case No: 76-001283

Orders for Case No: 76-001283