STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BERNARD STEFON GONZALEZ, )

)

Petitioner, )

)

vs. ) CASE NO. 85-1301

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

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on July 8, 1985, in Miami, Florida.

APPEARANCES

For Petitioner: Bernard Stefon Gonzalez, pro se

Post Office Box 610104 North Miami, Florida 33261

For Respondent: Ralph Armstead, Esquire

Department of Legal Affairs

400 West Robinson Street Orlando, Florida

Respondent denied Petitioner's application for licensure as a real estate salesman, and Petitioner timely requested a formal hearing on that denial. Accordingly, the issue for determination herein is whether Petitioner's application for licensure as a real estate salesman should be approved.

Petitioner Bernard Stefon Gonzalez testified on his own behalf, and a copy of Petitioner's application for licensure was admitted in evidence as Respondent's Exhibit numbered 1.

Although Respondent requested leave to file proposed findings of fact in the form of a proposed recommended order, it failed to do so

FINDINGS OF FACT

1. Petitioner's application for licensure as a real estate salesman reveals that he was born in Miami, Florida, in 1960.

   
   

2. In 1979 Petitioner asked a friend to take him to a department store so he could do some shopping. While Petitioner was inside the store shopping, his friend was stealing hub caps in the parking lot until he was caught by the police who arrested both Petitioner and his friend. Petitioner was charged with grand larceny from a building and possession of a barbiturate (methaqualone), but the charges were dropped.

   
   

3. In 1981 Petitioner borrowed a car from an acquaintance in order to go out on a date. While Petitioner was driving the car, he was stopped for a traffic violation at which time it was discovered that the borrowed car was a rental car which had been stolen. Although Petitioner was arrested for vehicular theft of an automobile, that charge was dismissed.

   
   

4. In 1984 while Petitioner was attempting to locate the home of a friend, he stopped at a house which turned out to. be on the wrong street. As he was returning from the front door of the house to his car, he was stopped by the police. Since the home was located in a neighborhood subject to burglaries and Petitioner did not live in that neighborhood, he was arrested and charged with trespassing and with loitering and prowling. Pursuant to the advice of his public defender, Petitioner plead to one of those charges adjudication was withheld on that charge and the other charge was dropped. Petitioner was not placed on probation and no fine was imposed on him although he believes that he paid court costs.

   
   

5. Petitioner disclosed all of the above-described arrests to Respondent in his application for licensure although the application seeks information regarding convictions and not arrests where no conviction or adjudication ever occurs.

   
   

6. For the past five years Petitioner has been employed by United Cerebral Palsy. His duties include vehicle maintenance, building maintenance, and lawn maintenance for two group homes. He receives weekly advances from his employer for purchasing supplies.

   
   

7. Petitioner has been married for approximately one year.

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the parties hereto and the subject matter hereof. Section 120.57(1), Florida Statutes.

   
   

9. In its letter of April 8, 1985, proposing to deny Petitioner's application for licensure, Respondent sets forth Petitioner's arrest record as the only basis for that proposed denial and relies upon Section 475.17(1), Florida Statutes, which provides, in part, that: "An applicant for licensure . . . shall be . . . honest, truthful, trustworthy, and of good character and shall have a good reputation for fair dealing."

   
   

10. Petitioner made full disclosure of his three arrests (resulting in five charges) on his application for licensure and disclosed the circumstances surrounding those arrests at the final hearing in this cause. There is no evidence to show the nature of Petitioner's plea in 1984, the charge plead to, or whether Petitioner plead to a felony, a misdemeanor, or a mistake. There is nothing offensive about Petitioner's conduct prior to that arrest in 1984, and Respondent would not be justified in denying licensure to Petitioner based upon Petitioner's explanation of that arrest. Since none of Petitioner's evidence was controverted by Respondent, and since only convictions and not arrests can form the basis for denying Petitioner's application for licensure, Petitioner has met his burden of proving that he meets the requirements of Section 475.17(1), Florida Statutes, and no other basis for denial has been alleged by the Respondent.

RECOMMENDATION

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

RECOMMENDED that a Final Order be entered approving Petitioner's application for licensure as a real estate salesman, subject to the successful completion of any required examination.

DONE and RECOMMENDED this 19th day of November, 1985, at Tallahassee, Florida.

LINDA M. RIGOT, 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, 1985.

COPIES FURNISHED:

Bernard Stefon Gonzalez Post Office Box 610104 North Miami, FL 33261

Ralph Armstead, Esquire Department of Legal Affairs

400 West Robinson Street Orlando, FL 32801

Harold Huff, Executive Director Division of Real Estate

400 West Robinson Street Orlando, FL 32801|

Fred Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, FL 32301

Salvatore A. Carpino, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, FL 32301

Docket for Case No: 85-001301

Orders for Case No: 85-001301