STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

THOMAS RICHARD LANEY, )

)

Petitioner, )

)

vs. ) CASE NO. 81-1368

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF REAL ESTATE, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Tampa, Florida, before the Division of Administrative Hearings and its duly appointed Hearing Officer, R. T. Carpenter, on August 19, 1981. The parties were represented by:

APPEARANCES

For Petitioner: Thomas Richard Laney

602 West Idlewild

Tampa, Florida 33604

For Respondent: Jeffrey Miller, Esquire

Department of Legal Affairs Capitol Building, Room 1601 Tallahassee, Florida 32301

This matter arose upon denial of Petitioner's application for registration as a real estate salesman. The basis for denial and the issue here is whether or not Petitioner meets the honesty and fair dealing standards set forth in Chapter 475, Florida Statutes (1979).

FINDINGS OF FACT

1. Petitioner has been licensed as a real estate broker in the State of Michigan since 1971. His license was suspended by the Michigan Department of Licensing and Regulation on August 6, 1980, because of a Circuit Court decision which rescinded a sale of real property by Petitioner and awarded the purchasers

   $18,000.

   
   

2. Petitioner has paid $12,000 of this amount, but because of accrued interest still owes about $8,000 on the judgment. His license suspension was temporarily lifted by the State of Michigan to permit him to qualify for the licensing examination in Florida. However, payment in full of the judgment continues to be a condition of his reinstatement as a licensed real estate broker in Michigan.

3. Petitioner intends to become a Florida resident and periodically works here at odd jobs. His principal residence continues to be in Michigan where his family and property are located.

   
   

   CONCLUSIONS OF LAW

   
   

4. Subsections 475.17(1) and 475.25(1)(g), Florida Statutes (1979), provides for disqualification of a real estate license applicant who has had his real estate license suspended or acted upon in another state. Subsection 475.17(1) provides for licensure of previously unqualified applicants who demonstrate rehabilitation.

   
   

5. Petitioner has not made the required showing of rehabilitation and will not be eligible for licensure at least until his Michigan license is unconditionally reinstated. Furthermore, Petitioner does not currently meet the residency requirements established by Subsection 475.17(1).

RECOMMENDATION

From the foregoing, it is

RECOMMENDED that the application of Thomas Richard Laney for registration as a real estate salesman be DENIED.

DONE AND ENTERED this 16th day of September 1981, in Tallahassee, Leon County, Florida.

R. T. CARPENTER Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 16th day of September 1981.

COPIES FURNISHED:

Thomas Richard Laney 602 West Idlewild

Tampa, Florida 33604

Jeffrey Miller, Esquire Department of Legal Affairs Capitol Building, Room 1601 Tallahassee, Florida 32301

Docket for Case No: 81-001368

Orders for Case No: 81-001368