Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Dec. 11, 1981
Summary: Applicant approved where twenty years of law abiding was sufficient evidence of good moral character and where crimes weren't involving real estate.
81-1428.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CARL EDWARD LANGLEY, )
)
Petitioner, )
)
vs. ) CASE NO. 81-1428
) FLORIDA BOARD OF REAL ESTATE, )
)
Respondent. )
)
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 24 August, 1981 at Melbourne, Florida.
APPEARANCES
For Petitioner: Carl Edward Langley, Pro Se
602 Collins, Southwest
Sebastian, Florida 32958
For Respondent: Linda A. Lawson, Esquire
Assistant Attorney General Department of Legal Affairs The Capitol
Tallahassee, Florida 32301
By letter dated May 9, 1981, Carl Edward Langley, Petitioner, requested an administrative hearing to contest the denial of his application for licensure as a real estate salesman by the Florida Board of Real Estate, Respondent. As grounds for denial of the application Respondent cited Petitioner's criminal record and concluded that petitioner, was not honest, truthful, trustworthy, and of good character with a reputation for fair dealing.
At the hearing two witnesses, including Petitioner, testified on behalf of petitioner and seven exhibits were offered into evidence. Ruling on objections to Exhibits 2, 3, 4 and 5 on the ground of hearsay was reserved at the hearing. Those exhibits have been reviewed and found to be corroborative of other testimony presented at this hearing. Accordingly, those exhibits are admitted. Respondent offered into evidence only Petitioner's application (Exhibit 6) and Petitioner's response to Interrogatories (Exhibit 7).
FINDINGS OF FACT
Petitioner was convicted of forgery in the Circuit Courts of Pinellas County, Sarasota County, Broward County, Palm Beach County and Escambia County in 1954 and 1957 and sentenced to serve time in the State Prison. In 1967 he received a full and complete pardon with full restoration of civil rights (Exhibit 6).
While serving his sentence in prison Petitioner accepted and adopted Christian principles and ceased the dissolute lifestyle of heavy drinking, to which he attributed his former criminal behavior.
Following his release from prison in 1958 Petitioner joined Gideons International and since that time has devoted a considerable portion of his life to helping others by visiting prisons to conduct Bible classes and working to aid alcoholics. While living in Fort Lauderdale he was an active member of the Christian Business Men's Committee.
In 1958 Petitioner was found in contempt of court for failure to make alimony payments and was sentenced to jail on those contempt of court charges. During this time he wrote checks that overdrew his bank account but later made full restitution for those checks.
Petitioner has been engaged in the sign business since 1958. He started his own business in 1972 and obtained a contract to apply decals to Southern Bell telephone trucks. He moved to Indian River County some six years ago and continued to work for Southern Bell. Since moving to Indian River County Petitioner has conducted Bible classes at the Indian River Correctional Institute on Sunday mornings and Thursday evenings.
Clarence T. Taber is a registered real estate broker and home building contractor. Mr. Taber will employ Petitioner as a real estate salesman when, and if, licensed. He has known Petitioner for 15 years, having met him through Gideons International, and would trust Petitioner completely in all business dealings. Petitioner's reputation for honesty and fair dealing is excellent.
Petitioner is presently 69 years old and has led an exemplary life for more than the past 20 years.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
Section 475.17(1), Florida Statutes, requires that an applicant for licensure as a real estate salesman be "honest, truthful, trustworthy, and of good character, and shall have a reputation for fair dealing. "
In 1967 the Governor and Members of the Cabinet, upon recommendation of the Florida Parole Commission, who, presumably after a full investigation which found Petitioner lived a law-abiding life for more than 10 years, issued to Petitioner a full and complete pardon for the crimes of which he had been convicted. Petitioner has continued to lead a better-than-law-abiding life since that time.
More than 20 years as a law-abiding citizen is more than adequate to demonstrate that a person is of good moral character so as to be eligible for licensure as a real estate salesman.
Furthermore, Section 112.011(1)(b), Florida Statutes, provides:
A person whose civil rights have been restored shall not be disqualified to practice, pursue, or engage in any
occupation, trade, vocation, profession, or business for which a license, permit, or certificate is required to be issued by the state, any of its agencies or
political subdivisions, or any municipality solely because of a prior conviction
for a crime. However, a person who has had his civil rights restored may be denied a license, permit, or certification to pursue, practice, or engage in an occupation, trade, vocation, profession,
or business by reason of the prior conviction for a crime if the crime was a felony
or first degree misdemeanor and directly related to the specific occupation, trade, vocation, profession, or business for which the license, permit, or certificate is sought.
Since the crimes for which Petitioner was convicted were not related, either directly or indirectly, to a real estate transaction these crimes cannot, pursuant to the above-quoted statute, now form the basis for the denial of Petitioner's application.
From the foregoing it is concluded that Petitioner is honest, truthful, trustworthy and of good character and has a good reputation for fair dealing; and that he is fully qualified to sit for the examination for licensure as a real estate salesman. It is, therefore,
RECOMMENDED that Carl Edward Langley's application for registration as a real estate salesman be approved.
ENTERED this 3rd day of September, 1981, in Tallahassee, Florida.
K.N. AYERS 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 3rd day of September, 1981.
COPIES FURNISHED:
Mr. Carl L. Langley 602 Collins, Southwest
Sebastian, Florida 32958
Linda A. Lawson, Esquire Department of Legal Affairs The Capitol
Tallahassee, Florida 32301
Nancy Kelley Wittenberg, Secretary Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
C.B. Stafford, Executive Director Board of Real Estate
Department of Professional Regulation Post Office Box 1900
Orlando, Florida 32802
Docket for Case No: 81-001428
Orders for Case No: 81-001428
| Issue Date |
Document |
Summary |
|
Oct. 20, 1981 |
Agency Final Order
|
|
|
Sep. 23, 1981 |
Recommended Order
|
Applicant approved where twenty years of law abiding was sufficient evidence of good moral character and where crimes weren't involving real estate.
|
