STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT G. GRENE, )

)

Petitioner, )

)

vs. ) CASE NO. 82-341

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, BOARD OF REAL )

ESTATE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal administrative hearing was conducted in this matter on June 18, 1982, in Orlando, Florida. The following appearances were entered: Robert G. Grene, the Petitioner, appeared on his own behalf; and Jeffrey A. Miller, Tallahassee, Florida, appeared on behalf of the Respondent, Department of Professional Regulation, Board of Real Estate (now known as the Florida Real Estate Commission).

The Petitioner applied to the Florida Real Estate Commission for licensure as a real estate salesman. The Commission denied his application and advised Petitioner of his right to request a hearing. Petitioner requested a hearing, and the matter was forwarded to the office of the Division of Administrative Hearings on February 9, 1982. The final hearing was scheduled to be conducted as set out above by notice dated March 15, 1982.

At the final hearing, the Petitioner testified as a witness on his own behalf and called John G. Pierce, an attorney who practices in Orlando, Florida, as an additional witness. Petitioner's Exhibits 1 and 2 and Respondent's Exhibits 1 and 2 were offered into evidence and received.

The Real Estate Commission has submitted proposed findings of fact and conclusions of law. The proposed findings and conclusions have been adopted only to the extent that they are explicitly set out in the Findings of Fact and Conclusions of Law which follow. They have been otherwise rejected as not supported by the evidence, contrary to the evidence, irrelevant to the issues, or legally erroneous.

ISSUES

The issue in this proceeding is whether the Petitioner meets the qualifications for licensure as a real estate salesman and should be allowed to sit for the examination for licensure administered by the Florida Real Estate Commission. The Commission contends that Petitioner is not eligible for licensure on account of several convictions of criminal offenses. Respondent contends that due to the passage of time and subsequent good conduct, the criminal convictions do not render him ineligible for licensure.

FINDINGS OF FACT

1. The Petitioner is a natural person over eighteen years of age and is a bona fide resident of the State of Florida. Except for issues raised with respect to several criminal convictions, there is no issue as to Petitioner's eligibility to take the examination for licensure as a real estate salesman.

   
   

2. On August 20, 1962, Petitioner was convicted in the United States District Court for the Southern District of Florida of the offenses of mail fraud and mail fraud conspiracy. He was sentenced to serve consecutive sentences of eighteen months on each of ten counts of an indictment, making a total of fifteen years. On September 20, 1963, Petitioner was convicted by the United States District Court for the Southern District of Florida of conspiracy to transport stolen securities in foreign commerce and causing stolen securities to be transported in foreign commerce. He was sentenced to three-year and one- year prison terms on two separate counts of an indictment. The sentences were imposed to run concurrently with each other and with the sentence imposed in the earlier mail fraud conviction. These convictions resulted from guilty verdicts entered subsequent to jury trials. Petitioner ultimately served three years in prison as a result of these convictions and was paroled in 1971.

   
   

3. On June 26, 1967, Petitioner was convicted in the criminal court of record in Dade County, Florida, of issuing worthless checks. He was placed on probation for a period of five years and ordered to make restitution.

   
   

4. On or about May 29, 1981, the Florida Office of Executive Clemency issued a Certificate of Restoration of Civil Rights to the Petitioner. By Order entered July 8, 1981, the Governor and Cabinet of the State of Florida granted specific authority to Petitioner to receive, possess or transport a firearm in commerce.

   
   

5. Petitioner has been engaged in various business activities in the Orlando area since 1979. He enjoys a reputation for honesty and integrity among business associates. Since he was released from prison in 1971, Petitioner has lived a law-abiding life. He is active in his church and in various civic activities. It appears that if the Petitioner is licensed as a real estate salesman, he would faithfully and honestly represent clients.

   
   

6. Petitioner tends to minimize the role that he played in the activities that led to his criminal convictions. It does appear, however, that Petitioner is generally remorseful, and that he has shown himself capable of living an honest life. More than seventeen years have elapsed since Petitioner engaged in any criminal conduct that resulted in a conviction.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Sections 120.57(1), 120.60, Florida Statutes.

   
   

8. Section 475.17(1), Florida Statutes, provides in pertinent part:

   
   

   An applicant for licensure . . . shall be . . . honest, truthful, trustworthy, and of good character and shall have a good reputation for fair dealing. . . .

   [I]f the applicant has been guilty of

   conduct or practices in this state or elsewhere which would have been grounds for revoking or suspending 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 conducts and reputation, or other reason being sufficient, it shall appear to the board [Commission] that the interest of the public and investors will not likely be endangered by the granting of registration.

   
   

   Under Section 475.25(1)(f), Florida Statutes, the Commission is authorized to deny an application for licensure if the applicant has been found guilty of a crime against the laws of the United States which involves moral turpitude or fraudulent or dishonest dealing. The Petitioner's criminal convictions, standing alone, would constitute good grounds for denying his application for licensure. More than ten years have elapsed, however, since the Petitioner completed serving his sentence based upon the convictions. More than fifteen years have elapsed since the Petitioner engaged in conduct which resulted in a conviction. During this period, the Petitioner has fully rehabilitated himself and has shown by years of good conduct and by the reputation that he enjoys that the interests of the public and investors would not likely be endangered by his licensure as a real estate salesman.

   
   

9. The Petitioner meets the qualifications to sit for the examination administered by the Florida Real Estate Commission for licensure as a real estate salesman.

RECOMMENDED ORDER

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

That a final order be entered by the Florida Real Estate Commission admitting the Petitioner to the examination for licensure as a real estate salesman, and that upon satisfactory completion of the examination, Petitioner be issued a real estate salesman's license.

RECOMMENDED this 15th day of September, 1982, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings Department of Administration

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 15th day of September, 1982.

COPIES FURNISHED:

Mr. Robert G. Grene 1695 Lee Road, B-215

Winter Park, Florida 32789

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

Tallahassee, Florida 32301

Mr. Samuel R. Shorstein Secretary, Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Mr. Carlos B. Stafford Executive Director

Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32802

Frederick H. Wilsen, Esquire Staff Attorney

Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32802

Docket for Case No: 82-000341

Orders for Case No: 82-000341