STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, FLORIDA REAL )

ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 81-3223

)

JACK L. GOODWIN, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, WILLIAM B. THOMAS, held a formal hearing in this case on April, 1982, in Fort Lauderdale, Florida. The transcript was filed on April 30, 1982, closing the record in this proceeding.

APPEARANCES

For Petitioner: Frederick H. Wilsen, Esquire

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Jack L. Goodwin, in pro per

1560 Southwest 19th Street Boca Raton, Florida 33432

By Administrative Complaint filed on January 21, 1980, the Petitioner seeks to revoke or suspend the Respondent's real estate license, or otherwise discipline him, for alleged violation of Section 475.25(1)(f), Florida Statutes. Specifically, the Complaint charges the Respondent with having been found guilty of a crime involving moral turpitude or fraudulent or dishonest dealing. Another count in the Complaint, charging the Respondent with fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, and breach of trust in a business transaction, in violation of Section 475.25(1)(b), Florida Statutes, was abandoned for lack of witnesses to support the same.

The Petitioner's proof consisted of three composite exhibits which were properly authenticated and received in evidence. The Respondent testified in his own behalf and presented one exhibit which was received in evidence.

FINDINGS OF FACT

1. The Respondent Jack L. Goodwin, is registered as an inactive real estate broker, holding license number 0032656. In 1975 the Respondent was found guilty of the crime of possession of a stolen motor vehicle. He served six months in the Broward County jail, and was placed on probation for five years. This term of probation was terminated by the court in 1978. On December 29, 1978, the Respondent received a restoration of his civil rights by the State of Florida.

   
   

2. The Respondent's present license was applied for in 1979. In this application, the Respondent made full disclosure of his conviction, sentence, and early termination of the probationary term. A copy of the Certificate of Restoration of Civil Rights was also submitted as part of this application. A broker's license was issued to the Respondent on September 17, 1979.

   
   

3. Previously, and for a period of approximately seven years, the Respondent held a real estate salesman's license. This license was superceded by the broker's license in 1979.

   
   

4. Based upon the uncontroverted testimony of the Respondent, the circumstances surrounding his arrest for possession of a stolen motor vehicle are as follows. The subject vehicle was purchased by the Respondent from persons whom he thought to be legitimate automobile brokers. Sometime thereafter he discovered that the vehicle had been stolen. When the Respondent attempted to sell this vehicle to another party, he was arrested. There is no evidence that the Respondent stole the vehicle initially.

   
   

   CONCLUSIONS OF LAW

   
   

5. Under the provisions of Section 475.25(1)(f), Florida Statutes, the Board of Real Estate is empowered to suspend or revoke a real estate license, or impose a fine or issue a reprimand, if it finds that a licensee has been found guilty of a crime which relates directly to the activities of a broker or salesman, or which involves moral turpitude or fraudulent or dishonest dealing.

   
   

6. However, there was no evidence presented to demonstrate that the Respondent's crime of possession of a stolen motor vehicle related to the activities of a real estate broker or salesman, or that it involved moral turpitude or fraudulent or dishonest dealing. Moreover, the Petitioner issued the Respondent's broker's license after having received a complete disclosure of the criminal history upon which this proceeding is based. Finally, the State of Florida has restored the Respondent to his full civil rights, which entitles him to retain his broker's license. Accordingly, the Complaint should be dismissed.

RECOMMENDATION

Based upon the foregoing findings of fact and Conclusions of law, it is RECOMMENDED that the Administrative Complaint filed against Jack L. Goodwin

be dismissed.

THIS RECOMMENDED ORDER entered on this 24th day of May, 1982, in Tallahassee, Florida.

WILLIAM B. THOMAS

Hearing Officer

Division of Administrative Hearings Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 1982.

COPIES FURNISHED:

Frederick H. Wilsen, Esquire

130 North Monroe Street Tallahassee, Florida 32301

Jack L. Goodwin

1560 S.W. 19th Street Boca Raton, Florida 33432

Docket for Case No: 81-003223

Orders for Case No: 81-003223