Judges: WILLIAM E. WILLIAMS
Agency: Department of Business and Professional Regulation
Latest Update: Mar. 18, 1983
Summary: Petitioner arrested for felony but successfully completed probation and has held responsible jobs since. Recommend granting petition to apply.
82-2163STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
BONITA F. SEIDE, )
)
Petitioner, )
)
vs. ) CASE NO. 82-2163
)
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 February 9, 1983 in Orlando, Florida.
APPEARANCES
For Petitioner: Thomas V. Infantino, Esquire
180 South Knowles Avenue, Suite 6 Post Office Drawer 30
Winter Park, Florida 32790
For Respondent: Lawrence S. Gendzier, Esquire
400 West Robinson Street, Room 212 Orlando, Florida 32801
Petitioner, Bonita F. Seide ("Petitioner"), applied for licensure as a real estate salesman with Respondent, Florida Real Estate Commission ("Respondent"), in 1982. Respondent denied the application and notified Petitioner of her right to request a formal hearing pursuant to Section 120.57(1), Florida Statutes.
Petitioner requested a hearing and, thereafter, this cause was forwarded to the Division of Administrative Hearings for the conduct of further administrative proceedings. Final hearing was scheduled in this cause for February 9, 1983, by Notice of Hearing dated January 14, 1983.
At the final hearing, petitioner testified in her own behalf and offered Exhibits 1 through 4, which were received into evidence. Respondent called no witnesses, and offered Respondent's Exhibits 1 and 2, which were received into evidence.
Both Petitioner and Respondent have submitted proposed findings of fact for consideration by the Hearing Officer. To the extent that those proposed findings of fact are not included in this order, they have been specifically rejected as being irrelevant to the issues involved in this proceeding, or as not having been supported by evidence of record.
FINDINGS OF FACT
On May 3, 1982, Petitioner applied to Respondent for licensure as a real estate salesman. Question No. 6 on the application filed by Petitioner read as follows:
Have you ever been arrested for, or charged with the commission of an offense against the laws of any municipality, state or nation, including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled?
If yes, state details including the outcome in full.
In response to this question, Petitioner answered as follows: Yes--Please see attached letter. [sic] class
C felony. I was put on probation for 2 yrs and paid restitution[sic] this occurred in May of 1978.
The letter attached to Petitioner's application read, in part, as follows:
On May 24, 1978, I was convicted of burglary, a class C Felony, in Circuit Court, Oneida County, Wisconsin. My sentence was withheld and I was placed on probation for two years. The court ordered that I also pay $9 court cost and restitution to the victim.
The record in this cause establishes that on February 13, 1978, Petitioner was arrested in Oneida County, Wisconsin, and charged with feloniously entering a building with intent to steal, a felony punishable under Wisconsin law by imprisonment for up to ten years. On May 24, 1978, Petitioner pleaded guilty to the charge of burglary stemming from her arrest. Petitioner was found guilty of burglary, but adjudication was withheld, and she was placed on probation for two years and ordered to make restitution to the victim of her crime.
Subsequently, Petitioner made restitution in the amount of $137.45. In addition, she successfully completed her two-year period of probation, and was terminated from probationary status on May 24, 1980, and her civil rights were restored.
Subsequent to her arrest and conviction, both during her probationary period and thereafter, Petitioner has diligently pursued employment in a variety of fields in both Wisconsin and in Florida. While on probation in Wisconsin, Petitioner was employed in a mental health center where her duties included working as a receptionist-secretary, receiving clients, receiving telephone calls, setting up appointments for clients, taking care of bill payments, receiving money on behalf of the center, and maintaining confidentiality of client files. Her employers at the mental health center were aware of her arrest and conviction, and closely evaluated Petitioner prior to hiring her,
including administering the Minnesota Multiphasic Personality Inventory to determine whether she should be employed. She not only was employed after this analysis, but performed in a highly commendable fashion during the one-year period in which she held this position.
Subsequently, Petitioner has worked as a waitress in various restaurants in Wisconsin, and has served as co-manager of a mobile home park in Florida. In the latter position, it was her responsibility for the general upkeep of the park, and to collect rentals and forward them to the park owner.
At the time of final hearing, Petitioner was working as a salaried employee of a time-sharing resort development. In this position, she acts as a tour guide and salesperson, and receives deposits from purchasers and remits them to her employer.
Petitioner's testimony and demeanor during the course of the final hearing was that of a mature and responsible wife and mother who feels genuine shame and contrition for the mistake which led to her criminal conviction. Her personal history since the date of the offense demonstrates that she has assumed responsibility for her behavior, and has determined to function effectively as a productive member of society. Accordingly, the record in this cause clearly establishes that because of the lapse of time since her conviction and her subsequent good conduct, that the interests of the public and investors would not likely be endangered by allowing her to become registered as a real estate salesperson.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter of, and the parties to, this proceeding. Section 120.57(1), Florida Statutes.
Section 475.17(1), Florida Statutes, provides, in pertinent part, as follows:
An applicant for licensure. . .shall be. . . honest, truthful, trustworthy, 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 applicant 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.
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. . .
Clearly the crime for which Petitioner was found guilty in 1978 would have been grounds for revocation or suspension of her license had she been registered as a real estate salesman at the time of the commission of that offense. However, in view of the nature and circumstances surrounding the commission of that offense, the lapse of time since it occurred, Petitioner's subsequent good conduct, including her successful completion of probation, her subsequent employment history, and the restoration of her civil rights, it is found that Petitioner has carried her burden of establishing her fitness for licensure in Florida as a real estate salesperson. See, Smart v. Board of Real Estate, 421 So.2d 22 (Fla. 1st DCA 1982).
Accordingly, it is RECOMMENDED:
That a Final Order be entered by the Department of Professional Regulation, Florida Real Estate Commission, granting Petitioner's application for licensure as a real estate salesman.
DONE AND ENTERED this 18th day of March, 1983, as Tallahassee, Florida.
WILLIAM E. WILLIAMS
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 18th day of March, 1983.
COPIES FURNISHED:
Thomas V. Infantino, Esquire
180 South Knowles Avenue, Suite 6 Post Office Drawer 30
Winter Park, Florida 32790
Lawrence S. Gendzier, Esquire Room 212
400 West Robinson Street Orlando, Florida 32801
William M. Furlow, Esquire Department of Professional Regulation
Legal Section
Post Office Box 1900 Orlando, Florida 32802
Harold Huff, Executive Director Florida Real Estate Commission Post Office Box 1900
Orlando, Florida 32802
Fred M. Roche, Secretary Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32301
Docket for Case No: 82-002163
Orders for Case No: 82-002163
| Issue Date |
Document |
Summary |
|
Mar. 18, 1983 |
Recommended Order
|
Petitioner arrested for felony but successfully completed probation and has held responsible jobs since. Recommend granting petition to apply.
|
