STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GIFFORD LORIMER CRIPPEN, )

)

Petitioner, )

)

vs. ) CASE NO. 88-4438

)

) FLORIDA REAL ESTATE COMMISSION )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, final hearing in the above-styled case was held on October 28, 1988, in Melbourne, Florida, before Robert E. Meale, Hearing Officer of the Division of Administrative Hearings.

The representatives of the parties were as follows:

For Petitioner: Gifford Lorimer Crippen, pro se

4018 North Harbor City Boulevard Melbourne, Florida 32935

For Respondent: Manuel E. Oliver, Esquire

Assistant Attorney General

Suite 212, 400 West Robinson Street

Orlando, Florida 32801 BACKGROUND

By application dated April 29, 1988, Petitioner applied to Respondent for a Florida real estate salesman's license. By letter dated July 5, 1988, Respondent informed Petitioner that his application had been denied based on his answer to question number six and his criminal record. By letter dated July 10, 1988, Petitioner requested an informal hearing. By letter dated August 24, 1988, Respondent informed Petitioner that, after reconsideration, his application was denied. Petitioner requested a formal hearing by letter dated August 27, 1988.

Petitioner presented two witnesses and offered into evidence five exhibits.

Respondent presented no witnesses and offered into evidence no exhibits. All exhibits were admitted into evidence.

Respondent filed a proposed recommended order. All of Respondent's proposed findings of fact are adopted or adopted in substance except for Paragraphs 5 and 6, which are rejected as recitation of evidence.

FINDINGS OF FACT

1. By application dated April 29, 1988, Petitioner applied to Respondent for a Florida real estate salesman's license.

   
   

2. Petitioner disclosed on the application, in response to question six, that he had been convicted of second degree murder in the killing of his wife on October 10, 1969, during a domestic dispute. He was sentenced to 15-20 years and paroled after seven years in December, 1977. He successfully completed his parole on January 16, 1980.

   
   

3. Petitioner also disclosed on his application that he was arrested for the solicitation of a prostitute on November 18, 1987, in Daytona Beach. By a Pre-Trial Intervention Agreement entered into by Petitioner and the State Attorney's Office, the parties agreed that the case would be dropped if Petitioner did not violate any other criminal laws for the next six months expiring on September 10, 1988.

   
   

4. Petitioner has not violated the provisions of the Pre-Trial Intervention Agreement and, presumably, the solicitation case has been dropped.

   
   

5. Petitioner was also arrested and convicted of either driving under the influence or disorderly conduct in Michigan. This conviction, which resulted in a $50 fine, was not disclosed on the application.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

7. Petitioner has the burden of proving his eligibility for licensure. Florida Department of Transportation v. J.W.C. Company, Inc., 396 So.2d 778 (Fla. 1st DCA 1981).

   
   

8. Respondent is responsible for granting and denying applications for licenses as a Florida real estate salesman. Section 475.25, Florida Statutes.

   
   

9. One of the grounds for denial of licensure is that the applicant has been convicted or found guilty of a crime that "directly relates to the activities of a licensed ... salesman or involves moral turpitude ..." Section 475.25(1)(f), Florida Statutes.

   
   

10. An applicant must have "good character" in order to be licensed. If the applicant has been guilty of acts that would be grounds for revoking his license, he shall be deemed not to be qualified for licensure unless, "because of lapse of time and subsequent good conduct and reputation, or other reason deemed sufficient, it appears ... that the interest of the public and investors will not likely be endangered by the granting of registration." Section 475.17(1)(a), Florida Statutes.

    
    

11. "Moral turpitude" "involves duties owed by man to society, as well as acts 'contrary to justice, honesty, principle, or good morals.'" Pearl v. Florida Board of Real Estate, 394 So.2d 189 (Fla. 3d DCA 1981).

    
    

12. Murder is a crime of moral turpitude. Petitioner has not established that his subsequent behavior warrants licensure. Petitioner's good behavior as a prisoner is insufficient. First, he is being evaluated against the behavior

of other prisoners, which is not the statutory standard. Second, he completed his parole in early 1980; the only admissible evidence concerning his behavior for the most recent eight years is that Petitioner was arrested for soliciting a prostitute in 1987. Petitioner has plainly failed to establish his subsequent good conduct and reputation so as to qualify himself for licensure.

RECOMMENDATION

Based on the foregoing, it is hereby

RECOMMENDED that a Final Order be entered denying Petitioner's application for a real estate salesman's license.

DONE and RECOMMENDED this 5th day of December, 1988, in Tallahassee, Florida.

ROBERT E. MEALE

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 December, 1988.

COPIES FURNISHED:

Gifford Lorimer Crippen

4018 North Harbor City Boulevard Melbourne, Florida 32935

Manuel E. Oliver, Esquire Assistant Attorney General

Suite 212, 400 West Robinson Street

Orlando, Florida 32801

Darlene F. Keller Division Director

400 West Robinson Street 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: 88-004438

Orders for Case No: 88-004438