The Issue The issue presented for decision herein is whether or not Petitioner's application for licensure as a Real Estate Salesman should be approved.
Findings Of Fact Based on my observation of the Petitioner and his demeanor while testifying, documentary evidence received and the entire record compiled herein, I make the following relevant factual findings. On approximately February 12, 1987, Petitioner filed an application to take the Florida real estate salesman's examination. In answering Question #6 of the application, regarding applicant's criminal record, Petitioner answered in the affirmative. Petitioner set forth the details, stating: "On May 14, 1985, plead (sic) nolo contendere to the offense of sexual battery. Through plea bargaining was sentenced to 10 years probation, which I am currently in good standing. Case was instituted by my sons (sic) girlfriend, who was living in my home. I had no witnesses in my behalf, made plea through the Public defenders (sic) office (I was not guilty)." (Respondent's Composite Exhibit 1) During the hearing, Petitioner admitted that he affirmatively responded to Question #6 on the license application and, in explanation, states that he was unable to retain an attorney when charged and he, upon advice of a public defender, entered the nolo contendere plea as a "plea of convenience". Petitioner did not present any witnesses at the hearing other than his testimony on his behalf. Petitioner denied that he was guilty of the crime that he was charged and related that his son and his girlfriend lived with him from approximately 1969 through 1980. Sometime during 1980, the son became a "problem child" and was unmanageable. For that reason, the son was placed in the care and custody of the Department of Health and Rehabilitative Services (HRS). Petitioner again took custody of the son when he reached his seventeenth birthday so that the son and his girlfriend could live with him during commencing September 30, 1983. Approximately one year later, during April, 1984, he was charged with the crime of sexual battery. In mitigation, Petitioner avers that he is in good standing with his probation officer and that he was formerly a police officer with the Miami Police Department. Petitioner offered no corroborating witnesses or other independent evidence to refute the charges or to otherwise offer testimony as to rehabilitation of his character.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: Petitioner's application to take the Real Estate License Examination be DENIED. RECOMMENDED this 28th day of January, 1988, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of January, 1988. COPIES FURNISHED: Manuel E. Oliver, Esquire Department of Professional Regulation Assistant Attorney General Suite 212, 400 West Robinson Street Orlando, Florida 32801 William F. Demler 11532 Terra Bella Boulevard Plantation, Florida 33325 Harold Huff, Executive Director Department of Professional Regulation Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Tom Gallagher, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0760 William ONeil Department of Professional Regulation General Counsel 130 North Monroe Street Tallahassee, Florida 32399-0860
