STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ARTHUR C. BROM, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2052

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, FLORIDA REAL ESTATE ) COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William E. Williams, held a public hearing in this cause on October 8, 1982, in St. Petersburg, Florida.

APPEARANCES

For Petitioner: Arthur C. Brom, Pro se

1402 55th Street South Gulfport, Florida 33707

For Respondent: Ralph Armstead, Esquire

Assistant Attorney General Department of Legal Affairs

Room 212, 400 West Robinson Street

Orlando, Florida 32801

By letter dated July 2, 1982, the Florida Real Estate Commission ("Respondent") advised Petitioner, Arthur C. Brom ("Petitioner") of its intention to deny his application for licensure based upon his listing of a 1975 conviction for possession of marijuana with intent to distribute. By a letter dated July 7, 1982, Petitioner requested a formal hearing pursuant to the provisions of Section 120.57(1), Florida Statutes. By letter dated July 15, 1982, Respondent requested the assignment of a Hearing Officer to conduct a formal hearing in this proceeding.

Final hearing in this cause was scheduled for October 8, 1982, by Notice of Hearing dated September 17, 1982.

At the final hearing the Petitioner testified in his own behalf and submitted Petitioner's Exhibits 1 through 4, which were received into evidence. Respondent offered no witnesses, but submitted Respondent's Exhibits 1 and 2, which were received into evidence.

FINDINGS OF FACT

1. On or about December 19, 1975, Petitioner was found guilty of conspiracy to possess with intent to distribute a quantity of marijuana, aiding and abetting the importation of a quantity of marijuana, and unlawfully, knowingly and intentionally aiding and abetting the importation of a controlled substance, all in violation of various provisions of the United States Code.

   For this offense, Petitioner was sentenced to two years in prison, and two years of special parole on each of the three charges described above, with the sentence and parole terms to run concurrently.

   
   

2. Petitioner entered a minimum security prison in Dallas, Texas, in 1977. While incarcerated Petitioner attended a machinist school and completed the ground school portion of an FAA course to obtain a private pilot's license. Petitioner was released from prison in 1979, and began to serve a two-year special parole term in the Dallas, Texas, area. During this period he was required to meet with a probation officer monthly, and, according to the record in this proceeding, never missed any such required meetings. Petitioner successfully completed his special parole in July, 1980.

   
   

3. Petitioner, who apparently was a resident of the St. Petersburg, Florida, area prior to his conviction, returned to the St. Petersburg area in July, 1981. He has been living at his current address for a little over one year. Petitioner is unmarried, and has no family in the St. Petersburg area. He has not been employed full-time since his return to Florida in July, 1981. Petitioner is self-employed in the St. Petersburg area as a journeyman electrician, an occupation he has practiced for approximately twenty years. He holds no occupational licenses, and belongs to no civic or professional organizations.

   
   

4. Petitioner has not been arrested or charged with any violation of law since his arrest and conviction in 1975. He has applied for restoration of his civil rights, which application was pending at the time of final hearing in this cause.

   
   

5. By letter of June 18, 1981, Petitioner inquired of Respondent whether he would be eligible to obtain licensure as a real estate salesman. Respondent, through its Executive Director, responded by letter of June 26, 1981, which advised Respondent, in part, as follows:

   
   

   Generally, the Board does not approve applications from individuals until they have completed their pro- bation or parole.

   Individuals may enroll in real a estate course at any time and each individual application is considered on its own merits.

   Persons who have been convicted, served sentences, and have their civil rights restored may apply for a real estate license. The Board considers the seriousness of the individual case, the circumstances of the individual, and the period of rehabilitation, in making its decision as to granting of

   a real estate license. Again, each case

   is considered on its own merits.

   The Board is known for its compas- sion for the rights of individuals.

   However, in its consideration, the utmost in mind is the protection of the public and the pattern of behavior of the individuals during recent years

   is important in its decision.

   
   

6. Subsequent to receipt of the letter of June 26, 1981, Petitioner took certain real estate courses to prepare for the licensing examination. However, by letter dated July 2, 1982, Respondent advised Petitioner that because of his aforementioned criminal record, he would not be allowed to sit for the licensing examination.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

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

   
   

   An applicant for licensure . . .

   shall be . . . honest, truthful, trust- worthy, and of good character and shall have a good reputation for fair dealing

   If 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 appli- cant shall be deemed not to be qualified, unless, because of lapse of time and subsequent good conduct and reputation, or other reasons 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. . .

   
   

9. Section 475.25(1)(f), Florida Statutes, provides that the Board may deny an application for licensure, or may revoke or suspend a license, if a licensee or applicant has:

   
   

   Been found guilty, regardless of whether adjudication was withheld, of a crime against the laws of this state or any other state or the United States, which crime directly relates to the activities of a licensed broker or salesman or involves moral turpitude or fraudulent or dishonest dealing. The record of a conviction certified or authenticated in

   such form as to be admissible in evidence

   under the laws of this state shall be admissible as prima facie evidence of such guilt . . .

   
   

10. Clearly the crimes for which Petitioner was found guilty in 1975 would have been grounds for revocation or suspension of his license had he been registered as a real estate salesman at the time of the commission of those offenses. Further, in view of the fact that Petitioner completed his parole in July, 1980, returned to the St. Petersburg area only in July, 1981, has not been employed full-time in that area since his return, had not had his civil rights restored at the time of final hearing in this cause, and submitted no credible evidence, other than his own testimony, concerning his good conduct and reputation since completing his confinement and probation, it is found that Petitioner has failed to affirmatively establish his entitlement to sit for the licensing exam. This is not to say, however, that Petitioner should not be allowed to sit for the licensing examination in a subsequent year upon a more satisfactory showing that he has met the aforementioned requirements of law.

Accordingly, it is

RECOMMENDED that a final order be entered by the Florida Real Estate Commission denying Petitioner's application to sit for the licensing examination, without prejudice to his renewing that application in a subsequent year.

DONE AND ENTERED this 19th day of November, 1982, at Tallahassee, Florida.

WILLIAM E. WILLIAMS

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 19th day of November, 1982.

COPIES FURNISHED:

Arthur C. Brom

1402 55th Street South Gulfport, Florida 33707

Ralph Armstead, Esquire Assistant Attorney General Department of Legal Affairs

Room 212, 400 West Robinson Street

Orlando, Florida 32801

William M. Furlow, Esquire Department of Professional

Regulation

Post Office Box 1900 Orlando, Florida 32802

C. B. Stafford, Executive Director Florida Real Estate Commission Post Office Box 1900

Orlando, Florida 32802

Samuel R. Shorstein, Secretary Department of Professional

Regulation

Post Office Box 1900 Orlando, Florida 32802

Docket for Case No: 82-002052

Orders for Case No: 82-002052