STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JEFFREY E. DONALDSON, )

)

Petitioner, )

)

vs. ) CASE NO. 92-7082

) FLORIDA REAL ESTATE COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its designated Hearing Officer, Joyous D. Parrish, held a formal hearing in the above-styled case on April 1, 1993, in Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: Jeffrey E. Donaldson, pro se

1475 Southeast 15th Street, #304 Fort Lauderdale, Florida 33316

For Respondent: Manuel E. Oliver

Assistant Attorney General Department of Legal Affairs Suite 107 South

400 West Robinson Street Orlando, Florida 32801

STATEMENT OF THE ISSUES

The central issue in this case is whether Petitioner is entitled to licensure as a real estate salesperson.

PRELIMINARY STATEMENT

This case began on October 21, 1992, when the Florida Real Estate Commission (FREC) found an applicant for licensure, the Petitioner, Jeffrey E. Donaldson, not qualified for licensure as a real estate salesperson. On November 10, 1992, Petitioner requested a formal hearing in the matter and the case was forwarded to the Division of Administrative Hearings for formal proceedings on November 30, 1992.

At the hearing the Petitioner testified on his own behalf. Petitioner's exhibit 1 was admitted over objection. Respondent's exhibits numbered 1 through

5 were admitted into evidence. The transcript of the proceedings was filed on April 12, 1993. The parties were granted ten days leave from the filing of the transcript to file their proposed recommended orders. Rulings on the proposed findings of fact are included in the appendix at the conclusion of this order.

FINDINGS OF FACT

1. The Petitioner, Jeffrey E. Donaldson, is an applicant for licensure as a real estate salesperson with the FREC having filed an application for licensure on or about February 4, 1992.

   
   

2. As part of the application, Petitioner was directed to answer questions regarding his past criminal record. In answering question 7, Petitioner provided the following response:

   
   

   Arrested for attempted grand theft which I was put on probation for from 2/27/89 to 2/1/92 and paid a fine for.

   
   

   Never convicted of any crime and adjudication was withheld.

   
   

3. Other than the answer described above, Petitioner provided no information regarding past criminal charges or other criminal involvements.

   
   

4. In 1987, Petitioner was charged with grand theft and was placed on probation.

   
   

5. In 1989, Petitioner was charged, in addition to the grand theft charge noted above, with a violation of the terms of his probation from the 1987 grand theft charge.

   
   

6. In 1973, Petitioner was charged with forging a prescription and was placed on probation.

   
   

7. Petitioner explained that he had omitted the other criminal charges from the application form as it did not provide enough space for the listing of all offenses, and because the FREC did not ask about the offenses when it sought additional information about the one charge disclosed.

   
   

8. Petitioner did not deny the criminal charges nor that the incidents occurred.

   
   

9. Petitioner maintained that his criminal activities resulted from his alcohol and drug addiction; that he sought help for same and attends meetings of Narcotics Anonymous; and that because his father had been an alcoholic, Petitioner was exposed to the behaviors from a young age.

   
   

10. At the time of hearing, Petitioner did not have a real estate broker who would be willing to sponsor him. Petitioner has worked for Ryder Trucks for almost eighteen years.

    
    

    CONCLUSIONS OF LAW

    
    

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

    
    

12. Section 475.17, Florida Statutes, sets forth the qualifications for practice for an applicant for licensure. Among the criteria listed are that an applicant be honest, truthful, trustworthy, and of good character, and that an applicant have a good reputation for fair dealing.

13. Petitioner bears the burden of proof in this proceeding to establish that he meets the qualifications for practice. This he has failed to do. Petitioner presented no evidence as to his reputation for fair dealing.

    
    

14. Petitioner's explanation for why he omitted items regarding his criminal history was not credible. To suggest that the form space was inadequate, and thereby justify the omissions, is without merit.

    
    

15. The prior criminal acts justify concern regarding Petitioner's trustworthiness, but his lack of candor in explaining the omissions from the application leaves little doubt as to his lack of judgment and truthfulness.

RECOMMENDATION

Based on the foregoing, it is, hereby, RECOMMENDED:

That the Florida Real Estate Commission enter a final order denying Petitioner's application for licensure as a real estate salesperson.

DONE AND RECOMMENDED this 28th day of July, 1993, in Tallahassee, Leon County, Florida.

Joyous D. Parrish 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

28th day of July, 1993.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-7082

Rulings on the proposed findings of fact submitted by the Petitioner: None submitted.

Rulings on the proposed findings of fact submitted by the Respondent:

1. Paragraphs 1-3 and 5-14 are admitted.

2. Paragraph 4 is rejected as argument.

COPIES FURNISHED:

Darlene F. Keller Division Director Division of Real Estate

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

Jack McRay General Counsel

Department of Business and Professional Regulation 1940 North Monroe, Suite 60

Tallahassee, Florida 32399-0792

Manuel E. Oliver

Assistant Attorney General Suite 107 South

400 West Robinson Street Orlando, Florida 32801

Jeffrey E. Donaldson

1475 S.E. 15th Street, #304 Fort Lauderdale, Florida 33316

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 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: 92-007082

Orders for Case No: 92-007082