STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DANA WILSON, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2931

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

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on March 18, 1982, in Apopka, Florida.

APPEARANCES

For Petitioner: No appearance 1/

For Respondent: Jeffrey Miller, Esquire

Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32301 STATEMENT OF THE ISSUE

Whether or not the Petitioner is qualified for licensure as a real estate salesman pursuant to Chapter 475.17, Florida Statues.

FINDINGS OF FACT

Based upon the documentary evidence received and the entire record compiled herein, the following relevant facts are found.

On approximately April 1, 1981, Petitioner, Dana Wilson, filed an application for licensure as a real estate salesman with the Respondent, Department of Professional Regulation, Board of Real Estate.

By letter dated July 23, 1981, the Board of Real Estate, through its counsel, advised Petitioner that at its duly noticed meeting of July 21, 1981, the Board of Real Estate Denied his application for licensure based on the answer to question No. 6 of the licensing application submitted by Petitioner which reflects that he has been convicted of a crime involving honesty.

Petitioner was advised that, pursuant to Section 475.17(1), Florida Statutes, an application for licensure as a salesman must be "honest, truthful, trustworthy and of good character and shall have a good reputation for fair dealing "

Accordingly, the Board of Real Estate, after a review of Petitioner's application considered that he did not have the necessary qualification for licensure pursuant to the above-cited statute.

As noted, herein, Petitioner did not appear at the subject hearing.

CONCLUSIONS OF LAW

1. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

2. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

3. The authority of the Respondent is derived from Chapter 475, Florida Statutes.

   
   

4. The Board is authorized and has the power to review and either grant or deny applications pursuant to Chapters 475.17 and 475.25, Florida Statutes. Chapter 475.17(1), Florida Statutes, requires that an applicant for licensure, be, inter alia, honest, truthful, trustworthy, of good character and have a good reputation for fair dealing. Based on the record evidence herein which indicates that the Petitioner has been convicted of a crime involving honesty, Petitioner is not qualified for licensure since he cannot satisfy the requirements of the above-cited statute.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions Law, it is hereby, RECOMMENDED:

That the Respondent, Department of Professional Regulation, Board of Real Estate, deny Petitioner's (Dana Wilson) application for licensure as a real estate salesman.

RECOMMENDED this 9th day of April, 1982, in Tallahassee, Florida.

JAMES E. BRADWELL, 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 9th day of April, 1982.

ENDNOTE

1/ Although properly noticed, Petitioner or a representative on his behalf did not appear at the hearing.

COPIES FURNISHED:

Samuel R. Shortstein, Secretary Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

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

Post Office Box 1900 Orlando, Florida 32308

Jeffrey Miller, Esquire Assistant Attorney General Department of Legal Affairs The Capitol

Tallahassee, Florida 32301

Dana Wilson

1013 South Apopka Boulevard Apopka, Florida 32703

Docket for Case No: 81-002931

Orders for Case No: 81-002931