STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STEPHEN PHILLIPS McCRADY, )

)

Petitioner, )

)

vs. ) CASE NO. 88-4377

) 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, James E. Bradwell, held a public hearing in this case on November 29, 1988, in Fort Lauderdale, Florida. Respondent filed a proposed recommended order which was substantially adopted and incorporated herein.

APPEARANCES

For Petitioner: Stephen Phillips McCrady, pro se

Post Office Box 2224

Fort Lauderdale, Florida 33303

For Respondent: Manuel E. Oliver, Esquire

Assistant Attorney General Suite 212

400 West Robinson Street Orlando, Florida 32801

ISSUE

The issue presented for decision herein is whether or not Petitioner meets the qualifications for licensure as a real estate salesman.

FINDINGS OF FACT

1. On June 13, 1988, Petitioner filed an application for licensure as a real estate salesman. In responding to question 14(a) of the application, Petitioner answered that his license, as a real estate broker, had been revoked for non-payment of an administrative fine. (Respondent's exhibit 1).

   
   

2. Petitioner attached to his application a copy of a transcript of an administrative hearing held in DOAH Case No. 84-0981. A final order was entered in that case based on a stipulation wherein Petitioner agreed to pay an administrative fine of $500 within 30 days of entry of the final order. Petitioner has not paid the administrative fine as he agreed.

3. Petitioner admitted during hearing that he had not paid the fine and made an offer during the hearing herein to pay that fine in as much as he failed to pay it earlier since he did not have the wherewithal to pay the fine. Petitioner is now employed as a sales representative with Metropolitan Life Insurance Company. 1/

   
   

4. Petitioner's license as a real estate broker was revoked by Respondent based on his failure to pay an administrative fine imposed in an earlier case (DOAH Case No. 86-145, Respondent's exhibit 2).

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this action pursuant to subsection 120.57(1), Florida Statutes.

   
   

6. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

7. The authority of the Respondent is derived from Chapter 475, Florida Statutes.

   
   

8. Subsection 475.17(1)(a), Florida Statutes, sets forth the requirements for licensure, including the fact that the applicant for licensure shall be honest, trustworthy, of good moral character and have a good reputation for fair dealing. Evidence introduced herein indicates that Petitioner's real estate license was revoked because of his failure to pay an administrative fine imposed by Respondent, the state agency entrusted with the regulation, education and disciplining of real estate brokers, etc.

   
   

9. The Commission is also entrusted to consider the personal qualifications of those who seek licensure as real estate professionals to insure they meet those requirements of honesty, trustworthiness and good moral character.

   
   

10. Petitioner has failed to demonstrate that he possess the requisite traits of honesty, trustworthiness and fair dealing to be eligible for licensure as a real estate salesman at this time.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that:

Petitioner's application for licensure as a real estate salesman be DENIED.

RECOMMENDED in Tallahassee, Leon County, Florida, this of 27th day of January, 1989.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The Oakland Building

2900 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 27th day of January, 1989.

ENDNOTE

1/ In that regard, Petitioner was advised by the undersigned that the formal hearing herein was initiated by him to contest Respondent's contention that he did not meet the qualifications for licensure as a real estate salesman and that any offers to satisfy prior administrative matters should be brought to the attention of Respondent's counsel and/or its other qualified representatives for initial consideration.

COPIES FURNISHED:

Stephen Phillips McCrady Post Office Box 2224

Fort Lauderdale, Florida 33303

Manuel E. Oliver, Esquire Assistant Attorney General Suite 212

400 West Robinson Street Orlando, Florida 32801

Darlene F. Keller Division Director Division of Real Estate Post Office Box 1900 Orlando, Florida 32802

Bruce D. Lamb, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 88-004377

Orders for Case No: 88-004377