STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LOUIS J. ABBATE, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1099

) PROGRESS DOCKET NO. 3210

FLORIDA REAL ESTATE )

COMMISSION, an Agency of )

the State of Florida, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an Administrative Hearing was held at 11:00 a.m. before Delphene C. Strickland, Hearing Officer, Division of Administrative Hearings, the Department of Administration, on the 1st day of November, 1977, at the Florida Real Estate Commission offices, 2699 Lee Road, Winter Park, Florida.

APPEARANCES

For Petitioner: Louis J. Abbate

In Proper Person

For Respondent: Robert J. Pierce, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789 PROCEDURAL BACKGROUND

Whether the application of the Petitioner Louis J. Abbate for the registration as a real estate salesman should be denied.

FINDINGS OF FACT

1. The Petitioner Louis J. Abbate filed an application with the Florida Real Estate Commission for registration as a real estate salesman on February 10, 1977. The Petitioner answered "No." to question 6 of the application which reads as follows:

   
   

   "(6) Have you ever been arrested for, or charged with, the commission of an offense against the laws of any municipality, state or nation including traffic offenses (but not parking, speeding, inspection or traffic

   signal violations), without regard to whether convicted, sentenced, pardoned or paroled?"

2. The Florida Real Estate Commission issued an order dated June 8, 1977, denying the application of the Petitioner for the following reasons:

   
   

   1. That on or about August 16, 1955, the Petitioner was arrested in Chicago, Illinois and charged with conspiracy.

      
      

   2. On or about January 25, 1956, the Petitioner was arrested in Chicago, Illinois and charged with conspiracy to interfere with communication lines operated and controlled by the United States.

      
      

   3. On or about July 9, 1956, the Petitioner was sentenced to three years imprisonment and fined $1,000.

      
      

   4. On or about June 18, 1959, the Petitioner was arrested in Terre Haute, Indiana and charged with conspiracy to interfere with interstate commerce.

   
   

3. The Petitioner failed to disclose in his answer to question 6 on the application the foregoing arrests.

   
   

4. The application of Petitioner was considered at the Commission's May 19, 1977, meeting. A mailogram sent by the Petitioner dated May 24, 1977, and received by the Respondent on May 25, 1977, indicated that the Petitioner had failed to disclose certain items on his application. This attempt to amend the application was not considered in the order dated June 8, 1977.

   
   

5. The arrest of Petitioner grew out of a conspiracy by a union to commit vandalism to the property of Southern Bell Telephone Company in Jackson, Mississippi. The Petitioner was a member of a union but not of the union conspiring to vandalize the telephone company. The Petitioner stated that he informed the company of the proposed vandalism and that no vandalism did take place. He was, however, convicted of conspiracy and fined $1,000 and sentenced to four months in prison in the State of Illinois. Thereafter he was arrested by the Federal Bureau of Investigation and subsequently convicted and served time in the Federal Penitentiary and paid a fine as a result of the original conspiracy in Illinois.

   
   

6. After the Petitioner had served his sentence in Illinois and later has served his sentence in the Federal Penitentiary he was employed for some 13 years by Aircraft Gear Corporation until his retirement in July, 1976. Petitioner presented three letters attesting to his satisfactory employment and to his good character.

   
   

   CONCLUSIONS OF LAW

   
   

7. Section 475.17, Florida Statutes, Qualifications of Applicants for Registration, states:

   
   

   1. An applicant for registration who is a natural person shall be required to make it appear that he is 18 years of age, a citizen of the United States, or intends to become a citizen, honest, truthful, trustworthy, of good character, and that he bears a good reputation for fair dealing. An applicant for an active broker's registration or a salesman's registration shall be required

      to make it appear that he is competent and

      qualified to make real estate transactions and conduct negotiations therefor with safety to investors and to those whom he may undertake a relationship of trust and confidence and show that he is a bona fide resident of the state. If it shall be made

      to appear that the applicant has been denied registration or a license or has been disbarred, or his registration or license has been revoked or suspended, by this or any other state or nation, or possession

      of district of the United States, or any court or lawful agency thereof, to practice or conduct any regulated profession, business or vocation, because of any conduct of practices which would have warranted a like result under this chapter, or that the applicant has been guilty of conduct or practices in this state or elsewhere,

      which would have been grounds for revoking or suspending registration under this chapter had the applicant then been registered, the applicant shall be deemed not to be 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 end- dangered by the granting of registration."

      
      

8. The foregoing Statute gives the Florida Real Estate Commission broad discretionary powers in determining whether an applicant, although at one time ineligible for registration, may have rehabilitated himself so that the interest of the public and investors will not likely be endangered by the granting of registration.

RECOMMENDATION

Grant the application for registration. It appears that the Petitioner has rehabilitated himself since the conspiracy conviction and his attempted amendment to his application for registration shows that he intends to come a citizen, honest, truthful, and trustworthy.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 3rd day of January, 1978.

DELPHENE C. STRICKLAND

Hearing Officer

Division of Administrative Hearings Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 3rd day of January, 1978

COPIES FURNISHED:

Robert J. Pierce, Esquire Florida Real Estate Commission

400 West Robinson Avenue Orlando, Florida 32801

Louis J. Abbate 6012 Raven Drive

Holiday, Florida 33590

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA DIVISION OF OCCUPATIONS

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION FLORIDA REAL ESTATE COMMISSION

FLORIDA REAL ESTATE

COMMISSION, An Agency of the State of Florida,

PROGRESS DOCKET NO. 3210

vs.

Petitioner, PASCO COUNTY

DOAH CASE NO. 77-1099

LOUIS J. ABBATE,

Respondent.

/

FINAL ORDER

At a regular meeting of the Florida Real Estate Commission held at its Executive Headquarters in Orlando, Florida, on February 15, 1978,

PRESENT: Maggie S. Lassetter, Chairman

Levie D. Smith, Jr., Vice Chairman Arthur N. Hamel, Member

APPEARANCES: Robert J. Pierce,

Attorney for Petitioner

Louis J. Abbate, Respondent In Proper Person

This matter came on for Final Order upon the Hearing Officer's Recommended Order and the Petitioner's Exceptions thereto, and upon consideration and thereof together with the record and oral argument of counsel for the Petitioner and statements made by the Respondent in person, the Commission finds:

1.

That according to the records of the Commission, Respondent-Applicant Louis

1. Abbate's last address registered with the Commission is 6012 Raven Drive, Holiday, Florida 33589.

   
   

   2.

   
   

   That the Hearing Officer's Findings of Fact and Conclusions of Law as contained in the Recommended Order are supported by competent, substantial evidence in the record and should be adopted by the Commission.

   
   

   3.

   
   

   That the Respondent-Applicant by failing to disclose prior arrests in his answer to question number six on the application has failed to make it affirmatively appear that he possesses the necessary qualifications sufficient for registration as a salesman under Subsection 475.17 and Subsection 475.18, Florida Statutes. Therefore, the Petitioner's Exceptions to the Hearing Officer's Recommendation that the Respondent-Applicant's application for registration as a real estate salesman be granted appear well taken and should be accepted.

   
   

   IT IS THEREUPON ORDERED THAT:

   
   

   1. The Hearing Officer's Findings of Fact and Conclusions of Law as contained in the Recommended Order be, and the same are hereby, adopted by the Commission.

      
      

   2. The Hearing Officer's Recommendation that the Respondent-Applicant's application for registration as a salesman be granted be, and the same is hereby, rejected.

      
      

   3. The Petitioner's Exceptions to the foregoing Recommendation be, and the same are hereby, adopted by the Commission.

IT IS THEREFORE ORDERED that the Respondent-Applicant's application for registration as a real estate salesman be, and the same is hereby, denied.

Provided, however, the Respondent-Applicant is hereby granted leave to file a new application for registration as a real estate salesman showing that he otherwise meets the requisite qualifications at the time of filing said new application.

DONE and ORDERED at Orlando, Florida this 17th day of February, 1978.

M. S. Lassetter Chairman

P. D. Smith, Jr. Vice Chairman

A. N. Hamel Member

I HEREBY CERTIFY that I mailed a copy of the foregoing Final Order to Louis

J. Abbate, 6012 Raven Drive, Holiday, Florida 33589, by United States registered mail this 17th day of February, 1978.

RJP:pd

(unsigned) Executive Director

Docket for Case No: 77-001099

Orders for Case No: 77-001099