STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANTHONY A. DERIGGI, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1372

) DEPARTMENT OF LEGAL AFFAIRS, and ) BOARD OF REAL ESTATE, )

)

Respondents. )

)

RECOMMENDED ORDER

This matter came on for hearing in Fort Lauderdale, Florida, before tee Division of Administrative Hearings and its duly designated Hearing Officer, R.

1. Carpenter, on October 24, 1930.

   
   

   APPEARANCES

   
   

   The parties were represented by:

   
   

   For Petitioner: Stephen M. Beyer, Esquire

   3200 University Drive, Suite 200 Coral Springs, Florida 33065

   
   

   For Respondent: Arthur C. Wallberg, Esquire

   Assistant Attorney General The Capitol

   Tallahassee, Florida 32301

   
   

   By its order dated March 17, 1980, Respondent (Board) denied Petitioner's application for registration as a real estate salesman. The Board's denial was based on petitioner's conviction for attempted grand larceny in New York which the Board concluded was inconsistent with the requirement that an applicant be honest, truthful, trustworthy, and of good character, as required by Section 475.17, Florida Statutes. By letter dated July 14, 1980, Petitioner, through his attorney, requested hearing on this matter.

   
   

   FINDINGS OF FACT

   
   

   1. Petitioner is a licensed barber in the State of New York where he has

      30 years experience in men's hair styling. He also maintains a residence in Pompano Beach, Florida.

      
      

   2. Petitioner was convicted of attempted grand larceny, third degree, in the State of New York in 1978. The offense involved assisting his employee in attempting to defraud an insurance company. Petitioner was fined $350 for committing this offense, which is a Class A misdemeanor. He was issued a Certificate of Relief from Disabilities by the State of New York on September 25, 1978.

   3. A licensed Florida real estate broker and a building contractor testified on behalf of Petitioner. The broker has known Petitioner for over five years and trusts him sufficiently to employ him in her realty business if he is granted a real estate salesman's license. The building contractor has known Petitioner for nine years and has found him to be honest and reliable.

      
      

   4. Petitioner also introduced twelve letters of recommendation submitted by business and professional persons. These individuals have known Petitioner for substantial periods, and uniformly conclude that he is honest and trustworthy. They base their conclusions on extensive personal contact with Petitioner, as well as their knowledge of his general reputation.

      
      

      CONCLUSIONS OF LAW

      
      

   5. Section 475.17, Florida Statutes (1979), provides in part:

      
      

      1. 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. An applicant for an active broker's license or a salesman's license shall be competent and qualified to make real estate transactions and conduct negotiations therefor with safety to investors and to those with whom he may undertake a relationship of trust and confidence. If the applicant has been denied registration. . .or if the applicant has been guilty of conduct or practices in this state or elsewhere which would have been grounds for revoking or suspending his license 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 board that the interest of the public and investors will not likely be endangered by the granting of registration.

         
         

   6. Section 475.25, Florida Statutes (1979), provides in part:

      
      

      1. The board may deny an application for licensure or renewal. . .if it finds that the licensee or applicant has:

         (f) Been found guilty, regardless of whether adjudication was withheld, of a crime against the laws of this state or any other state or of the United States, which crime directly relates to the activities of a licensed broker or salesman or involves moral turpitude or fraudulent or dishonest dealing. . .

         
         

   7. The above provisions require that the Board find an applicant to be honest, truthful, trustworthy and of good character before granting a license.

      Conviction of an offense involving moral turpitude 1/ or fraudulent or dishonest dealing constitutes a virtual bar to licensing unless, by lapse of time and subsequent good conduct, the applicant demonstrates rehabilitation.

      
      

   8. Here, the applicant was convicted of an offense involving moral turpitude as well as fraudulent and dishonest dealing less than three years ago. Because of the nature and recency of this offense, Petitioner does not meet the statutory requirements for honesty, truthfulness, trustworthiness and good character.

RECOMMENDATION

From the foregoing, it is

RECOMMENDED that the application of Anthony A. Deriggi for registration as a real estate salesman be DENIED.

DONE and ORDERED this 3rd day of November, 1980, in Tallahassee, Florida.

R. T. CARPENTER, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

ENDNOTE

1/ [A]nything done contrary to justice, honesty, principle, or good morals. .

." Carp v. Florida Real Estate Commission, 211 So.2d 240, 241 (Fla. 3d DCA 1968).

COPIES FURNISHED:

Stephen M. Beyer, Esquire

3200 University Drive - Suite 200 Coral Springs, Florida 33065

Arthur C. Wallberg, Esquire Assistant Attorney General The Capitol

Tallahassee, Florida 32301

Nancy Wittenberg, Secretary Department of Professional

Regulation

2009 Apalachee Parkway

Tallahassee, Florida 32301

C. B. Stafford, Executive Director Board of Real Estate

400 West Robinson Avenue Orlando, Florida 32801

Docket for Case No: 80-001372

Orders for Case No: 80-001372