STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PATRICIA ANN BOND, )

)

Petitioner, )

)

vs. ) CASE NO. 86-4935

) FLORIDA REAL ESTATE ) COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on April 29, 1987, at Tampa, Florida.

APPEARANCES

For Petitioner: Patricia Ann Bond, pro se

12510 Clydesdale Court

Tampa, Florida 33624

For Respondent: Lawrence S. Gendzier, Esquire

Florida Real Estate Commission Suite 212, 400 West Robinson Street

Orlando, Florida 32801

By letter received by the Florida Real Estate Commission (FREC), December 1, 1986, Patricia Ann Bond, Petitioner, requested a formal hearing to contest the FREC denial of her application to sit for the examination for licensure as a real estate salesman. By letter dated December 19, 1986, FREC advised Ms. Bond that the denial was based upon her response to Question 6 on the application concerning her arrest in April 1986 and subsequent proceedings on a charge of solicitation to commit burglary.

The issue in these proceedings is whether Petitioner is competent and qualified to make real estate transactions and conduct negotiations therefor with safety to investors and to those with whom she may undertake a relationship of trust and confidence.

At the hearing Petitioner called two witnesses, including herself, and six exhibits were admitted into evidence.

Proposed findings have been submitted by Respondent. All of these proposed findings are adopted in the findings below with a slight modification to proposed finding no. 9.

FINDINGS OF FACT

1. Petitioner graduated from the University of Texas at El Paso in 1976. Since that time she taught school in Texas for six years, entered a stockbroker training program, qualified, but did not work as a stockbroker. She completed one semester of pre-law before moving to Florida in 1983.

   
   

2. Since her arrival in Florida she ran an antique restoration business, taught at a private school for girls, and did a lot of volunteer counseling services principally in the evenings in group sessions. Her primary interest in the field of counseling has been to help rape victims and abused children.

   
   

3. While carrying out these counseling services, Petitioner came into contact with a family of three children, the father of whom had recently remarried after the death of their mother. They were experiencing difficulties with their stepmother, and ultimately the father sided with his children and separated from the new wife.

   
   

4. Although Petitioner has never met this woman, she evidentally blamed Petitioner for her failed marriage and commenced a program of harassment of Petitioner that included threatening phone calls, discontinuance of Petitioner's telephone service, and access to confidential information about some of Petitioner's clients she was counseling.

   
   

5. Unable to get any protection from the police absent some overt act by the harasser, Petitioner succumbed to the pressure and in desperation, paid two young men $100 to rattle the woman's door and tell her to leave Petitioner alone.

   
   

6. The two men did not carry out the intimidation and shortly thereafter Petitioner notified the police of her plans. She was subsequently arrested and brought to trial on a charge of solicitation to commit burglary. Upon advice of counsel, she pleaded guilty, adjudication of guilt was withheld by the court, and she was placed on probation for four years.

   
   

7. In her application for licensure Petitioner accurately reported this incident.

   
   

8. Petitioner has never before been arrested or otherwise involved with the police on the wrong side of the law. She has been an exemplary parolee and her probation will likely be reduced to two years if Petitioner continues on her present course.

   
   

9. Since this incident Petitioner has been named guardian advocate for a party placed in involuntary placement due to incompetence.

   
   

10. Raul Martin, a registered real estate broker, has known Petitioner and members of her family for many years. He is fully aware of the criminal charges that were brought against Petitioner and that as supervising broker, he would be responsible for her actions as a real estate salesman. He will hire her as a salesman if she is allowed to take, and successfully passes, the real estate examination for salesman.

    
    

    CONCLUSIONS OF LAW

    
    

11. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

12. Section 475.17, 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. An applicant for an active broker's license or salesman's license shall be competent and qualified to make real estate transactions and conduct

    negotiations therefor with safety to investors and to those with whom he may undertake a relationship of trust and confidence... or

    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 been registered, the applicant shall be deemed not qualified unless,

    because of lapse of time and subsequent good conduct and reputation or other reason deemed sufficient, it appears to the commission that the interest of the public and investors will not likely be endangered by the granting of registration.

    
    

13. Grounds for revocation of registration are contained in Section 475.25(1), Florida Statutes. Subsection (f) thereof provides in pertinent part:

    
    

    Has been convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the activities of a licensed broker or salesman or involves moral turpitude or fraudulent or dishonest dealing.

    
    

14. Although Petitioner entered a plea to the charge of soliciting the commission of a burglary it is evident no intent to commit a felony inside the woman's house was ever intended and that this was recognized by the judge in withholding adjudication. Furthermore, although burglary is an offense which involves moral turpitude, no larceny or fraudulent or dishonest dealing was involved. In other words, the crime solicited by Petitioner did not involve fraud, deception, or any type of financial misconduct that could be committed by an unscrupulous realtor. Accordingly this offense, which Petitioner fully disclosed to the commission on her application, is not the type offense indicating Petitioner would be unable to conduct negotiations involving real estate transactions with safety to investors and to those with whom she may undertake a relationship of trust and confidence. Obviously the judge who appointed Petitioner as guardian of the person and property of an incompetent had no qualms regarding her honesty.

15. From the foregoing, it is concluded that, despite Petitioner's single criminal offense, Patricia Ann send is honest, truthful, trustworthy and of good character; that she has a good reputation for fair dealing; that she is competent and qualified to make real estate transactions and conduct negotiations therefor with safety to investors and to those with whom she may undertake a relationship of trust and confidence; and that she is qualified for licensure as a real estate salesman. It is

RECOMMENDED that a Final Order be entered finding Patricia Ann Bond qualified to sit for the examination for real estate salesman.

ENTERED this 5th day of June, 1987, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1987.

COPIES FURNISHED:

Lawrence S. Gendzier, Esquire Florida Real Estate Commission Suite 212, 400 West Robinson Street

Orlando, Florida 32801

Patricia Ann Bond 12510 Clydesdale Court

Tampa, Florida 33624

Van Poole, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Harold Huff, Executive Director Division of Real Estate Department of Professional

Regulation

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802

Docket for Case No: 86-004935

Orders for Case No: 86-004935