STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT KEITH HUNTER, )

)

Petitioner, )

)

vs. ) Case No. 98-4352

) DEPARTMENT OF BUSINESS AND ) PROFESSIONAL REGULATION, ) FLORIDA REAL ESTATE COMMISSION, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice, on February 10, 1999, by Stephen F. Dean, assigned Administrative Law Judge of the Division of Administrative Hearings, in Jacksonville, Florida.

APPEARANCES

For Petitioner: Michael R. Yokan, Esquire

204 Washington Street Jacksonville, Florida 32202

For Respondent: Andrea D. Perkins, Esquire

Division of Real Estate Department of Business and

Professional Regulation Suite S-107

400 West Robinson Street Orlando, Florida 32801

STATEMENT OF THE ISSUE

Whether Petitioner should be licensed as a real estate salesperson.

PRELIMINARY STATEMENT

The Petitioner applied for licensure as a real estate salesperson and was denied because of his criminal record and prior revocation of his broker's license. The Petitioner requested a formal hearing on the denial, and the Commission forwarded the case to the Division of Administrative Hearings. The case was heard on February 10, 1999. The Petitioner testified and presented the testimony of several co-workers and letters of support. The Respondent presented documentary evidence of Petitioner's criminal record and the Commission's action against the Petitioner.

Both parties were afforded the opportunity to file post- hearing briefs. Respondent filed its proposed findings of fact on February 25, 1999. The Petitioner filed its proposed findings of fact on March 8, 1999.

FINDINGS OF FACT

1. In June 1997, the Petitioner applied to the Respondent for a real estate salesperson license. The Petitioner disclosed on his license that he previously held a real estate broker's license which was revoked approximately ten years prior to his current application. The Petitioner also disclosed his criminal history on the application including a conviction in April 1988 for grand theft.

2. The Respondent issued its Order, which took effect on October 7, 1997, denying the Petitioner's application for

   licensure. The reason given by the Respondent for the denial was:

   Your answer to Questions 9 and 13 of the licensing application and on your criminal record according to the appropriate law enforcement agency, . . . [.]

   
   

3. The Petitioner asked the Respondent to reconsider its Order and the Respondent subsequently issued an Order, effective September 8, 1998, again denying Petitioner's application. The reasons given in the September 8, 1998, Order were identical to those stated in its prior order.

4. At the hearing held in this cause the Petitioner introduced his Composite Exhibit No. 1 which comprised five letters of support from persons who know and have entered into business dealings with the Petitioner. The Petitioner also introduced an Amended Information from Duval County Case No. 87- 3000CF, CR-A, which was admitted into evidence as Petitioner's Exhibit No. 2 and Respondent's Exhibit No. 7(i).

5. Petitioner's present employer, Kevin Vera, testified on behalf of the Petitioner. Mr. Vera, a retired dentist, has owned and operated a business known as River City Mortgage Services since January 1996. Mr. Vera is a lender correspondent.

6. Mr. Vera testified that Robert Hunter has worked for him as a loan officer since January 1998. Mr. Hunter assists persons in obtaining loans by reviewing loan applications, analyzing credit reports, verifying that applicants have funds to close and verifying that applicants have income which will support the

   requested loan. Mr. Vera has not received any complaints from customers or lenders regarding Mr. Hunter.

7. Mr. Vera was aware Robert Hunter had his real estate license suspended in 1987. He was also aware that Mr. Hunter had been convicted of grand theft in relation to a past real estate transaction. Mr. Vera considers Mr. Hunter to be honest and trustworthy.

8. Gregory V. Blaylock also testified on behalf of

   
   

   Mr. Hunter. He met Mr. Hunter in 1993. At that time, he and Mr. Hunter were both salesman Colorado Choice Meat Company.

   Mr. Blaylock and Mr. Hunter sold frozen meat and seafood door-to- door.

9. In 1987, Mr. Blaylock requested Mr. Hunter to work for him in his company, Coastal Meat and Seafood. The door-to-door meat sales industry lends itself to theft by salesmen, and he always found Mr. Hunter to be honest in his dealings.

10. Mr. Blaylock was generally familiar with Mr. Hunter's past criminal history. He also was aware that Mr. Hunter's real estate license had been revoked.

11. Mr. Blaylock followed Mr. Hunter as a loan officer at Kevin Vera's office. Mr. Blaylock found Mr. Hunter to be trustworthy and honest in all of their business endeavors.

12. Mr. Evan Regas also testified in behalf of Mr. Hunter. He has been in the real estate business for 46 years. He has known Mr. Hunter for approximately 23 years.

13. Mr. Hunter worked for Mr. Regas when the Petitioner first obtained his license. Mr. Regas is familiar with the facts of Mr. Hunter's past revocation and his criminal history.

    Mr. Regas testified that he considers Mr. Hunter to be trustworthy and honest.

14. Mr. Hunter has recently participated in real estate transactions with Mr. Regas' clients in Hunter's capacity as a loan officer.

15. Ms. Cynthia Smith also testified on behalf of the Petitioner. She formerly worked as closing officer for a real estate title company. She presently works as a loan officer for Mr. Vera's firm. She is familiar with Robert Hunter's background. She considers Mr. Hunter to be honest and trustworthy.

16. All of Petitioner's witnesses testified that they stood by their letters of recommendation contained in Petitioner Exhibit No. 1.

17. Robert Hunter testified. He has been married for 29 years. He has resided in his present residence for three and one-half years and has never missed a payment. He has good credit. After his real estate license was revoked, Mr. Hunter worked as a door-to-door meat and seafood salesman from 1987 until he commenced working as a loan officer for River City Mortgage.

18. Mr. Hunter was never disciplined by the Commission for any matter connected with his activities as a real estate salesperson or broker. The activities for which his license was revoked were largely caused by a down turn in the real estate market and increased interest rates.

    
    

19. Mr. Hunter stated that he learned from the past and that he would not enter again into highly leveraged transactions. He has learned that he needs to consider the effect his actions have on others.

20. Mr. Hunter testified regarding the incident which lead to his entering a plea of nolo contendere in Duval County Case No. 87-3000CF, CR-A. This incident stemmed from investors calling in obligations which he could not pay due to the stagnant real estate market and then high interest rates. This incident regarded a complex multiple real estate transaction involving Mr. Hunter's residence.

21. The purchaser of Mr. Hunter's residence, who was one of the individuals pressing charges, reneged on paying for the house belonging to Petitioner, in which the purchaser was residing, because of fears that Petitioner could not deliver good title. The rest of the multiple transaction failed when the purchaser of his home reneged. The Petitioner entered a plea of nolo

    contendere to the charges arising out of this scenario as a plea of convenience.

22. Petitioner's Exhibit 2, Respondent's Exhibit 7(i), shows that the events at issue in that case preceded the Board's revocation of his license.

    CONCLUSIONS OF LAW

    
    

23. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this case, and this order is entered pursuant to the provisions of Section 120.57, Florida Statutes.

24. The Petitioner has applied for licensure as a real estate salesperson. The Commission has denied his application because of the Petitioner's criminal record, and its' prior disciplinary action against the Petitioner for fraud, misrepresentation, false promises, dishonest dealing by trick, scheme or device, and breach of trust in a business transaction.

25. In 1985, his criminal charges arose from a complex real estate transaction involving the sale of his personal residence. No evidence was presented by the Respondent to contradict the Petitioner's explanation of events as a business transaction gone awry.

26. In 1987, the Petitioner was engaged in the business of purchasing and renovating real estate. He borrowed money from individuals to finance these activities. Petitioner's failure to repay loans which were due and which the Petitioner could not

    repay because of business conditions at the time, lead to the Commission's action against his license.

27. Since his problems, the Petitioner has met all of the conditions of his probation and has been gainfully employed. He has handled money belonging to others in the course of his employment. His employers testified that he has been honest with them about his record and in the handling of their money. His reputation in the community for honesty and integrity is good.

28. The events that formed the basis for his plea and for the Commission's disciplining of his license occurred over ten years ago. Since that time the Petitioner has had no problems with the law and has been employed in a succession of increasingly responsible positions. His employers and the real estate broker with whom he originally was licensed testified in the Petitioner's behalf and vouched for his honesty in the conduct of his affairs. The Respondent presented no evidence to contradict Petitioner's showing beyond the records of his plea and its disciplinary action.

29. Based upon the foregoing, the Petitioner has met his burden of showing he is of good character and qualified for licensure as a real estate salesperson.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is

RECOMMENDED:

That the Commission license the Petitioner as a real estate salesperson.

DONE AND ENTERED this 9th day of April, 1999, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 9th day of April, 1999.

COPIES FURNISHED:

Michael R. Yokan, Esquire

204 Washington Street Jacksonville, Florida 32202

Andrea D. Perkins, Esquire Division of Real Estate Department of Business and

Professional Regulation Suite S-107

400 West Robinson Street Orlando, Florida 32801

Herbert S. Fecker, Division Director Division of Real Estate

Department of Business and Professional Regulation

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

William Woodyard, General Counsel Department of Business and

Professional Regulation Northwood Centre

1940 North Monroe Street Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of 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: 98-004352

Orders for Case No: 98-004352