STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MIKE SOMOGYI, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1794

)

BOARD OF REAL ESTATE, )

)

Respondent. )

)

RECOMMENDED ORDER

This cause came on for consideration before the Division of Administrative Hearings by its duly designated Hearing Officer, DONALD R. ALEXANDER, on a Stipulation of Counsel to Statement of Facts and Waiver of Hearing entered into on December 8, 1980, between Petitioner, Mike Somogyi, and Respondent, Board of Real Estate.

Eugene A. Peer, Esquire, 2170 North East Dixie Highway, Jensen Beach, Florida 33457, represented Petitioner; Linda A. Lawson, Esquire, Assistant Attorney General, The Capitol, Tallahassee, Florida 32301, represented Respondent.

The issue for determination is whether Petitioner's application for registration as a real estate salesman should be granted.

FINDINGS OF FACT

1. Petitioner, Mike Somogyi, filed an application for registration as a real estate salesman with the Respondent, Board of Real Estate, on or about April 16, 1980.

   
   

2. By Order dated June 23, 1980, Respondent denied Petitioner's application because Petitioner had not made it appear to the Board that he was honest, truthful, trustworthy, and of good character as required by Section 475.17, Florida Statutes.

   
   

3. Respondent based its denial on Petitioner's arrest in 1980 for possession of controlled substances, i.e., marijuana, quaaludes and narcotic equipment. A five count information was filed against Petitioner on March 4, 1980, in Martin County. Petitioner entered a not guilty plea and was subsequently approved for the Pretrial Intervention Program. Petitioner's required involvement with the program will expire on January 15 1981, and if the program is successfully completed, all charges pending against Petitioner will be dismissed.

   
   

4. Respondent further relied upon Petitioner's arrest on September 1, 1976, in Dade County, Florida, for resisting arrest. However, that charge was dismissed in October, 1976.

5. Petitioner has no other record of arrests or convictions.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction of the cause and the parties thereto pursuant to Section 120.57(1), Florida Statutes.

   
   

7. Section 475.17(1) Florida Statutes, provides in part as follows:

   
   

   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, trust- worthy, and of good character and shall have a good reputation for fair dealing. (Emphasis added)

      
      

      Accordingly, an applicant for licensure must affirmatively demonstrate to the Beard that he or she possesses the characteristics of honesty, truthfulness and trustworthiness, as well as be of good character and reputation.

      
      

8. The arrest of Petitioner in early 1980 for possession of marijuana, quaaludes and narcotic equipment, and in 1976 for resisting arrest, while unrelated to the activities of a real estate Salesman, nevertheless provide justification for the Board requiring Petitioner to demonstrate the requisite statutory qualifications for licensure.

   
   

9. In the absence of any affirmative evidence presented by Petitioner showing himself to be honest, truthful, trustworthy and of good character and reputation, the application should be denied. However, such denial should be without prejudice to Petitioner refiling a second application and to submit therewith such evidence as may be required to indicate compliance with Section 475.17(1), Florida Statutes. It is, therefore,

RECOMMENDED that the application of Mike Somogyi for registration as a real estate salesman be denied. It is further

RECOMMENDED that such denial be without prejudice to Petitioner submitting another application indicating compliance with the statutory criteria.

DONE and ENTERED this 16th day of December, 1980, in Tallahassee, Florida.

DONALD R. ALEXANDER

Hearing Officer

Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 16th day of December, 1980.

COPIES FURNISHED:

Mr. Mike Somogyi

1821 North East Mango Terrace Jensen Beach, Florida 33457

Eugene A. Peer, Esquire Rick Carroll Building

2170 North East Dixie Highway Jensen Beach, Florida 33457

Linda A. Lawson, Esquire Assistant Attorney General The Capital, LL04 Tallahassee, Florida 32301

Docket for Case No: 80-001794

Orders for Case No: 80-001794