STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PATRICK J. LAMA, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2061

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, BOARD OF REAL )

ESTATE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held by the Division of Administrative Hearings before its duly designated Hearing Officer, DONALD R. ALEXANDER, on September 29, 1981, in Miami, Florida.

APPEARANCES

For Petitioner: Patrick J. Lama in pro se

18460 North East 20th Court

North Miami Beach, Florida 33174

For Respondent: Linda A. Lawson, Esquire

Assistant Attorney General The Capitol 1601

Tallahassee, Florida 32301 BACKGROUND

By application dated May 12, 1981, Petitioner, Patrick J. Lama, sought licensure as a real estate salesman. On July 23, 1981, Respondent, Department of Professional Regulation, Board of Real Estate, advised Petitioner that his application was denied on the ground Petitioner had not demonstrated he was "honest, truthful, trustworthy, and of good character and...(had) a good reputation for fair dealing" as required by Subsection 475.17(1), Florida Statutes.

Petitioner disputed the allegations set forth in the letter of denial and requested a formal hearing pursuant to Subsection 120.57(1), Florida Statutes. The matter was forwarded to the Division of Administrative Hearings by Respondent on August 17, 1981, with a request that a Hearing Officer be assigned to conduct a hearing. By Notice of Hearing dated September 1, 1981, the final hearing was scheduled for September 29, 1981, in Miami, Florida.

At the final hearing, Petitioner testified on his own behalf and presented the testimony of Wallace Weiss and offered Petitioner's Composite Exhibit 1, which was received into evidence. Respondent offered Respondent's Composite Exhibit 1, which was received into evidence.

The transcript of hearing was filed on October 16, 1981. Respondent filed proposed findings of fact and conclusions of law on October 26, 1981, and they have been considered by the undersigned in the preparation of this order.

Proposed findings of fact not included in this order were considered immaterial, not relevant to the issues, or were not supported by competent and substantial evidence.

The issue herein is whether Petitioner is entitled to licensure as a real estate salesman.

Based upon all the evidence, the following findings of fact are determined: FINDINGS OF FACT

1. Petitioner, Patrick J. Lama, is a 46 year old male who currently resides at 18460 Northeast 20th Court, North Miami Beach, Florida.

   
   

2. On May 12, 1981, Petitioner filed an application for licensure as a real estate salesman with Respondent, Department of Professional Regulation, Board of Real Estate. Question 6 on the application asked whether the applicant had ever been charged with the commission of an offense against the laws of any municipality, state or nation without regard to whether convicted, sentenced, pardoned or paroled. Petitioner answered in the affirmative and furnished a statement and enclosures with his application providing further details concerning his response.

   
   

3. Between 1969 and 1973, Petitioner was employed by the Federal Housing Authority (FHA) as a credit examiner in Hempstead, New York. In 1972 he was arrested and charged with two counts of bribery for accepting gifts (e.g., cash, vacations) from mortgage firms in return for giving priority to certain loan applications. Lama was convicted in the U.S. District Court for the Eastern District of New York on two counts of bribery and served approximately three months in a federal facility in Allenwood, Pennsylvania, in late 1974. After reviewing this response, Respondent denied the application on the ground Petitioner had not demonstrated he was "honest, truthful, trust- worthy, and of good character and... (had) a good reputation for fair dealing" as required by law. The denial of said application precipitated this proceeding.

   
   

4. On October 19, 1978, Petitioner obtained a certificate of relief from disabilities from the State of New York which restored all civil rights except the right to run for office and carry a firearm. In 1979 he was licensed as a real estate salesman by the New York Department of State. Lama is also a notary public in that State.

5.. Prior to being employed by FHA, Lama had worked in the banking industry for approximately 17 years. He is currently employed as a bartender. With the exception of his arrest in 1972 and subsequent conviction Petitioner has had no other problems that would reflect adversely upon his reputation, integrity or fitness to hold a license.

1. One character witness testified on behalf of Petitioner. He described Lama as being honest, trustworthy, of good character and one who enjoys an excellent reputation in the community. He also is considering entering a business venture with Petitioner.

   CONCLUSIONS OF LAW

   
   

2. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes.

   
   

3. Subsection 475.17(1), Florida Statutes (Supp. 1980) provides 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, 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 a license or has been disbarred, or his registration or license to practice or conduct any regulated profession, business, or voca tion has been revoked or suspended, by this or any other state, any nation, possession, or district of the United States, or any court of lawful agency

      thereof, because of any conduct or practices which would have warranted a like result under this chapter, or if the applicant

      has been guilty of conduct or practices in this state or elsewhere which would have been grounds for revoking or sus pending 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.

      
      

4. Respondent was initially justified in denying the application of Petitioner by virtue of his response to Question 6. However, Subsection 475.17(1), supra, provides that such registration may be granted if by "lapse of time and subsequent good conduct and reputation" the Board determines that the public and investors will not likely be endangered by the granting of registration.

5. Here the illicit conduct occurred some nine years ago. Since that time Petitioner has successfully rehabilitated himself. He has had his civil rights restored, obtained a real estate license in another state, become a notary public, and otherwise conducted himself in a reputable manner. It is apparent that the interest of the public and investors will not likely be endangered by the granting of the application for registration. Accordingly, it is concluded that applicant is qualified for licensure within the meaning of Subsection 475.17(1), supra, and the application should be granted.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is,

RECOMMENDED that the application of Petitioner, Patrick J. Lama, for registration as a real estate salesman be GRANTED.

DONE and ENTERED this 29th day of October, 1981, in Tallahassee, Florida.

DONALD R. ALEXANDER

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 29th day of October, 1981.

COPIES FURNISHED:

Mr.Patrick J. Lama 18460 NE 20th Court

North Miami Beach, Florida 33174

Linda A. Lawson, Esquire Assistant Attorney General The Capitol 1601

Tallahassee, Florida 32301

Docket for Case No: 81-002061

Orders for Case No: 81-002061