STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

GREG ALLEN HINDS, )

)

Petitioner, )

)

vs. ) CASE NO. 91-3370

) FLORIDA REAL ESTATE COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted in this case on July 24, 1991, in West Palm Beach, Florida, before Stuart M. Lerner, a duly designated Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Greg Allen Hinds, pro se

2016 Broward Avenue # 3

West Palm Beach, Florida 33407-6112

For Respondent: Joselyn M. Price, Esquire

Assistant Attorney General

400 West Robinson Street Suite 107, South Orlando, Florida 32801

STATEMENT OF THE ISSUES

Whether Petitioner meets the qualifications prescribed by Chapter 475, Florida Statutes for licensure as a real estate salesman?

PRELIMINARY STATEMENT

On April 16, 1990, Petitioner filed an application for licensure as a real estate salesman. On October 17, 1990, the Florida Real Estate Commission denied his application because of his "answer to Question #7 of the licensing application and/or [his] criminal record according to the appropriate law enforcement agency." Following the denial of his application, Petitioner sought and was granted an opportunity to appear before the Commission and make a presentation at its April 17, 1991, meeting. After hearing Petitioner's presentation, the Commission reaffirmed its decision that Petitioner was not qualified for licensure. Thereafter, by letter dated May 12, 1991, Petitioner requested a formal hearing on the matter. On May 28, 1991, the matter was referred to the Division of Administrative Hearings for the assignment of a Hearing Officer to conduct the formal administrative hearing Respondent had requested.

Respondent was the only witness to testify at hearing. In addition to his testimony, one exhibit was offered and received into evidence.

At the close of the evidentiary portion of the hearing on July 24, 1991, the Hearing Officer advised the parties on the record that their post-hearing submittals had to be filed no later than ten days following the Hearing Officer's receipt of the transcript of the hearing. The Hearing Officer received a copy of the transcript on August 19, 1991. Respondent filed a proposed recommended order on September 3, 1991. The proposed findings of fact set forth in Respondent's proposed recommended order have been carefully considered and are specifically addressed in the Appendix to this Recommended Order. To date, Petitioner has not filed any post-hearing submittal.

FINDINGS OF FACT

Based upon the record evidence, the following Findings of Fact are made:

1. Petitioner is a 1986 graduate of Florida State University. He has a degree in urban politics and real estate.

   
   

2. In November, 1989, Petitioner entered a plea of guilty in Palm Beach County Circuit Court to two counts of burglary of a dwelling, one count of petty larceny, and one count of dealing in stolen property. Adjudication of guilt was withheld and Petitioner was placed on five years probation, which, the court specified, was not subject to "early termination." In addition, Petitioner was ordered to pay $360.00 in restitution and $265.00 in court costs.

   
   

3. These crimes were all committed in June, 1989, after Petitioner had returned to Palm Beach County from a two or three-month vacation in Colorado.

   
   

4. The two counts of burglary involved the same dwelling: the townhouse that Petitioner had lived in, with others, prior to his Colorado vacation. The lease to the townhouse, which was in the name of one of his roommates, had expired before his return from vacation. Contrary to the instructions of the landlord, Petitioner entered the dwelling on at least two separate occasions after coming back from Colorado in order to retrieve personal belongings that remained in the townhouse.

   
   

5. The stolen property involved in the dealing in stolen property charge was a stereo that belonged to Petitioner's friend. Petitioner tried to pawn the stereo for $45.00.

   
   

6. The petty theft charge involved the taking of ten CD's that were on top of a CD player located in a bar in the vicinity of the townhouse.

   
   

7. Since these incidents, Petitioner has not run afoul of the law.

   
   

8. Petitioner presently owns and operates the South Florida Adventure Club, a business which plans and organizes social activities for single professionals.

   
   

9. In his spare time, he serves as an advisor to two youth groups.

   
   

10. Petitioner is still on probation.

    
    

11. He has paid in full the restitution ordered by the court.

12. His court costs, however, have not yet been paid in full. He still owes $50.00.

    
    

    CONCLUSIONS OF LAW

    
    

13. An applicant for licensure as a real estate salesman "must be at least

    18 years of age; hold a high school diploma or its equivalent; be honest, truthful, trustworthy, and of good character; and have a good reputation for fair dealing." Furthermore, "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 [Chapter 475, Florida Statutes] 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 reason deemed sufficient, it appears to the [Florida Real Estate C]ommission that the interest of the public and investors will not likely be endangered by the granting of registration." Section 475.17(1), Fla. Stat.

    
    

14. At all times material hereto, Chapter 475, Florida Statutes, specifically Section 475.25(1)(f), Florida Statutes, has provided that a real estate salesman's license may be suspended or revoked if the licensee "[h]as been convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the activities of a licensed . . . salesman . . ., or involves moral turpitude or fraudulent or dishonest dealing."

    
    

15. Each of the crimes to which Petitioner pled guilty in November, 1989, is a crime "which directly relates to the activities of a licensed . . . salesman . . ., or involves moral turpitude or fraudulent or dishonest dealing," within the meaning of Section 475.25(1)(f), Florida Statutes. Accordingly, had he been licensed at the time, there would have been grounds to suspend or revoke his license pursuant to Section 475.25(1)(f), Florida Statutes.

    
    

16. Petitioner is therefore disqualified for licensure under Section 475.17(1), Florida Statutes, unless he is able to show that, "because of the 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 granting" the license for which he has applied.

    
    

17. Petitioner has failed to make such a showing.

    
    

18. While he has made progress toward rehabilitation, the evidence does not demonstrate that he has yet made sufficient progress to warrant a finding that "the interest of the public and investors will not likely be endangered by granting" him a real estate salesman license.

RECOMMENDATION

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

RECOMMENDED that the Florida Real Estate Commission enter a final order finding that Petitioner is not qualified for licensure as a real estate salesman because of his criminal record and denying his application for licensure based upon such a finding, without prejudice to Petitioner filing a subsequent application supported by a showing that, "because of the 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 granting" the application.

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 5th day of September, 1991.

STUART M. LERNER

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 5th day of September, 1991.

APPENDIX TO RECOMMENDED ORDER

The following are the Hearing Officer's specific rulings on the findings of fact proposed by Respondent:

1. Accepted and incorporated in substance, although not necessarily repeated verbatim, in this Recommended Order.

2-4. Rejected because they would add only unnecessary detail to the factual findings made by the Hearing Officer.

5. First sentence: Rejected because it would add only unnecessary detail to the factual findings made by the Hearing Officer; Remaining sentences: Accepted and incorporated in substance.

6-10. Rejected because they are more in the nature of summaries of testimony than findings of fact based upon such testimony.

11. Rejected because it is more in the nature of a statement of the case than a finding of fact.

COPIES FURNISHED:

Greg Allen Hinds

2016 Broward Avenue # 3

West Palm Beach, Florida 33407-6112

Joselyn M. Price, Esquire Assistant Attorney General

400 West Robinson Street Suite 107, South Orlando, Florida 32801

Darlene F. Keller, Division Director Division of Real Estate

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

ALL PARTIES HAVE THE RIGHT TO SUBMIT WRITTEN EXCEPTIONS TO THIS RECOMMENDED ORDER. ALL AGENCIES ALLOW EACH PARTY AT LEAST 10 DAYS IN WHICH TO SUBMIT WRITTEN EXCEPTIONS. SOME AGENCIES ALLOW A LARGER PERIOD OF TIME WITHIN WHICH TO SUBMIT WRITTEN EXCEPTIONS. YOU SHOULD CONTACT THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE CONCERNING AGENCY RULES ON THE DEADLINE FOR FILING EXCEPTIONS TO THIS RECOMMENDED ORDER. ANY EXCEPTIONS TO THIS RECOMMENDED ORDER SHOULD BE FILED WITH THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE.

Docket for Case No: 91-003370

Orders for Case No: 91-003370