The Issue Whether Respondent is guilty of obtaining a license by means of fraud, misrepresentation or concealment, in violation of Section 475.25(1)(m), Florida Statutes (1995).
Findings Of Fact Petitioner is a state licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida. Respondent is and was at all times material to this proceeding a licensed Florida Real Estate Salesperson. He was issued licensed number 0625149 in accordance with Chapter 475, Florida Statutes. His license is currently inactive. On or about April 6, 1995, Respondent submitted an application for licensure as a Real Estate Salesperson. Question number 9 on the application read as follows: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld? This question applies to violation of the laws of any municipality, county, state or nation, including traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled, or pardoned. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of any other state, you are responsible for verifying the expungement or sealing prior to answering "NO". If you answered "Yes," attach details including dates and outcome, including sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records, Failure to answer this question accurately could cause denial of licensure. If you do not understand the question, consult with an attorney or the Division of Real Estate. Respondent marked the "NO" box beside question number 9. Respondent then signed the "Affidavit of Applicant" which read above his signature: The above named, and undersigned, applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s)(he) is the person applying, that (s)(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and recollection permit, without any evasions or mental reservations whatsoever, that (s)(he) knows of no reason why this application should be denied; and (s)(he) further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives, by him/her in response to inquiries concerning his/her qualifications. On or about July 6, 1989, Respondent, going by the name of Pablo Alfaro, pled no contest to misdemeanor "joyriding" in Case No. 93CM04225, in Santa Ana, California. Respondent admitted to pleading no contest to a "joyriding” charge. By letter dated August 27, 1997, addressed to Petitioner, Respondent's employer at the time, John Maizie, Executive Sales Director of Cypress Pointe Resort, wrote that Respondent was an ethical and valued employee.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violating Section 475.25(1)(m), Florida Statutes, as charged in the Administrative Complaint, and that Respondent's license should be revoked. DONE AND ENTERED this 3rd day of November, 1998, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of November, 1998. COPIES FURNISHED: Laura McCarthy, Chief Deputy Attorney Department of Business and Professional Regulation 400 West Robinson Street Orlando, Florida 32801-1772 Juan Bonitto 2851 Runyon Circle Orlando, Florida 32837-5214 Henry M. Solares, Division Director Division of Real Estate Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Respondent is now and was at all relevant times to this proceeding a registered real estate salesman. On October 10, 1973, pursuant to his plea of guilty, respondent was convicted by the United States District Court for the Southern District of Florida, Judge Peter T. Fay, of the offense of knowingly and intentionally possessing with intent to distribute marijuana, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 841(a)(1). On January 29, 1974, another judgment and commitment was entered for the sane count changing the terms of the sentence imposed. (Exhibits 3 and 4). By an information filed by the Florida Real Estate Commission, respondent was charged with violating F.S. Section 475.25(1)(e) in that he had been guilty of a crime against the laws of the United States involving moral turpitude. On February 7, 1975, respondent, through his attorney Howard Friedin, filed his answer to the information. On October 6, 1975, the Division of Administrative Hearing sent to the attorneys for petitioner and for respondent its notice of hearing to be held on November 4, 1975. The Executive Director of the Florida Real Estate Commission also forwarded the notice of hearing by registered/certified mail to the respondent's attorney on October 15, 1975. (Exhibit 1) Sometime prior to the hearing, the attorney for the respondent notified the Real Estate commission that respondent had left the State of Florida with the intention not to return and that he no longer represented respondent. It was not clear whether respondent himself had received actual notice of the hearing. Respondent did rot appear at the hearing.
Recommendation Based upon the above findings of fact and conclusions of law, it is recommended that respondent's registration as a real estate salesman be suspended for a period of two years. Respectfully submitted and entered this 10th day of December, 1975, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Frederick W. Jones, Esquire Staff counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Paul E. Mathas c/o Property Resale Service, Inc. 230 N.E. 79th Street Miami, Florida 33138 Mr. Paul E. Hathas c/o Howard Friedin, Esquire 3050 Biscayne Boulevard, Suite 904 Miami, Florida 33137
The Issue The issue is whether the Petitioner, Walter L. Jordan, (Jordan) is entitled to licensure as a real estate salesman in the State of Florida. Petitioner presented his own testimony. Respondent, Department of Professional Regulation, Florida Real Estate Commission, (Commission) had two exhibits admitted in evidence. The transcript of the proceedings was filed on November 18, 1987. At hearing the parties agreed to file proposed orders within ten days of the filing of the transcript The Commission's proposed order was filed on December 2, 1987, and is therefore untimely. Jordan has failed to file a proposed order. Accordingly, while the Commission has filed a proposed order, it has not been considered and no rulings will be made on the Commission's proposed findings of fact.
Findings Of Fact Jordan filed an application for a real estate salesman's license on or about February 14, 1987. In that application, Jordan acknowledged an arrest and conviction for possession of marijuana on February 12, 1976; an arrest and conviction for possession of a firearm in October, 1983; an arrest for aggravated assault in October, 1983, which was allegedly withdrawn by the prosecuting authority; and an arrest and conviction for breach of peace and disorderly intoxication in April, 1984. Based upon these convictions, the Commission denied Jordan's application by letter dated August 27, 1987. Jordan acknowledges these arrests and convictions, but does not believe he should be disqualified from licensure based on "two misdemeanors and one adjudication withheld." Further Jordan testified that it [the convictions] "doesn't prove I'm the best character in the world, but that's no real mar on my character, I wouldn't assume." Jordan presented no evidence of rehabilitation except that he worked for a company named Hubbard from June, 1986, to December, 1986; he was self- employed or unemployed from December, 1986, to April, 1987; he has worked for his father doing construction work since April, 1987; and he is the father of four children that he is taking care of alone.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Real Estate Commission enter a Final Order denying Walter L. Jordan's application for licensure as a real estate salesman. DONE AND ENTERED this 8th day of December, 1987, in Tallahassee, Leon County, Florida. DIANE K. KIESLING 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 8th day of December, 1987. COPIES FURNISHED: Mr. Walter L. Jordan 3225 Rosselle Street Jacksonville, Florida 32205 Lawrence S. Gendzier Department of Professional Regulation Fla. Real Estate Comm. 400 West Robinson, Room 212 Orlando, Florida 32801 Tom Gallagher, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Harold Huff, Executive Director Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32801
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the charges against Respondent, Linda N. Phillips, be DISMISSED. DONE and ENTERED this 16th day of October, 1981, in Tallahassee, Florida. DONALD R. ALEXANDER 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 16th day of October, 1981.
Findings Of Fact Petitioner is a regulatory agency of the State of Florida charged with the responsibility of investigating and processing applications for licensure of real estate salesmen in the State of Florida. On February 20, 1989, Petitioner filed an application with Respondent seeking licensure in the State of Florida as a real estate salesman. Question 7 of the application form required Petitioner to disclose whether he had ever been convicted of a crime, had been found guilty of a crime, or had entered a plea of guilty or nolo contendere to a crime. The question explicitly applied to any violation of the laws of any municipality, county, state or nation, including traffic offenses (except parking, speeding, inspection, or traffic signal violations), without regard to whether the applicant had been placed on probation, had had adjudication withheld, had been paroled, or had been pardoned. Petitioner disclosed the following violations of law in his handwritten response to Question 7: In 1985, attempted possession of cocaine less than 1 gram for which he received 60 days probation; In 1985, disorderly intoxication for which he received three months probation; In 1985, speeding for which he received a fine; In 1985, vandalism for which no disposition was shown; In 1986, violation of probation for which no disposition was shown, and In 1986, possession of a stolen automobile tag for which he received two years probation. Petitioner failed to disclose the following violations of law in his response to question 7: In 1977, sexual battery for which he was placed on five years probation; In 1980, violation of probation; and In 1980, driving under the influence of alcohol for which he received six months probation and a fine of $100. Petitioner knew that he had committed the undisclosed offenses and he knew that he had not listed the undisclosed offenses in response to question 7. Petitioner could not justify his failure to list the undisclosed violations in his response to question 7. Respondent's denial of Petitioner's application was based on the violations of law disclosed by Petitioner, on the violations of law Petitioner failed to disclose, and on the failure of Petitioner to disclose violations of law. Following the denial of his application, Petitioner timely requested a formal hearing. This proceeding followed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Department of Professional Regulation, Florida Real Estate Commission, enter a final order which denies Petitioner's application for licensure as a real estate salesman in the State of Florida. DONE and ORDERED this 28th day of September, 1989, in Tallahassee, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of September, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-3180 The following rulings are made on the proposed findings of fact contained in the Proposed Recommended Order submitted by Respondent: The proposed findings of fact of paragraphs 1-3 are accepted. The proposed findings of fact of paragraph 4 that the charge of sexual battery was reduced to attempted sexual battery is rejected because there was no evidence that the charge was reduced. The remaining proposed findings of fact in paragraph 4 are accepted. The proposed findings in paragraph 5 are rejected as being recitation of testimony and as being subordinate to the findings made in paragraph 6 of the Recommended Order. The proposed findings of paragraph 6 are accepted as part of the Preliminary Statement of the Recommended Order, but they are rejected as findings of fact as being unnecessary to the result reached. COPIES FURNISHED: Jack P. Hardin 722 Fernwood Drive West Palm Beach, Florida 32801 Manuel E. Oliver, Esquire Assistant Attorney General Suite 212, 400 West Robinson Orlando, Florida 33405 Kenneth E. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Darlene F. Keller, Division Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801
Findings Of Fact At all times material to this proceeding, the Respondent Bruce R. Dowell was licensed as a real estate salesman in the State of Florida and presently holds license number 0022658. The Respondent is employed as a real estate salesman by Allen Pacetti, a licensed real estate broker doing business as Pacetti Realty Company, 49 Cordova Street, St. Augustine, Florida 32084. Mr. Pacetti has a policy within his office of permitting his real estate salespersons to assist members of their immediate families with real estate transactions without involving the office or notifying the broker. Accordingly, the Respondent did not inform Mr. Pacetti of his efforts to rent his daughter's home. The Respondent's daughter and son-in-law, Mr. and Mrs. William Kasperski, owned a residence next door to the Respondent at 202 Coquina Avenue, St. Augustine, Florida, which they rented while they were out of the state for extended periods of time. The home would be shown to prospective tenants by either Mr. Dowell, his wife or other family members depending upon who was home when prospective tenants arrived. The rental property had been leased to at least two other tenants prior to the incident which prompted the instant complaint. In March, 1980, the Respondent placed an ad in the general classified section of the St. Augustine Record advertising the Kasperski home for rent. The advertisement was seen by a co-worker of Mr. and Mrs. G. David Petty who inspected the home and recommended it to them. Mr. Petty and his wife Frances Petty subsequently examined the home and orally agreed to a monthly rental of $265. Neither the Petty nor the Respondent requested or offered to sign a written lease. The Respondent informed the Petty that the owner was not expected to return to Florida for at least a year. The Pettys made an initial payment to the Respondent of $85 which represented a pro-rata share of the March rent. The Respondent would collect the checks from the Pettys and forward them to the Kasperskies who at the time were residing in Pennsylvania. The Respondent did not receive a fee, commission or any other renumeration in return for renting his daughter's home. During the course of the Petty three-month occupancy, the Respondent became concerned over the condition of the home and alterations which were made by the Pettys without prior authorization from the owners. The Respondent conveyed his concerns over the condition of the property to his son-in-law who in turn contacted an attorney in Pennsylvania, Louis D. Poulette. Mr. Poulette informed the Pettys by letter that the lease was terminated by the owners effective July 31, 1980. The Pettys vacated on July 15, 1980, and were refunded the balance of their rent payment for July, 1980. On August 1, 1980, the Respondent readvertised the property and it was rented in September, 1980 for $265 per month.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the Department of Professional Regulation, Board of Real Estate, enter a final order dismissing the Administrative Complaint filed against the Respondent, Bruce R. Dowell. DONE and ORDERED this day 3 of February, 1982, in Tallahassee, Florida. SHARYN L.SMITH Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of February, 1982. COPIES FURNISHED: Barry Sinoff, Esquire 2400 Independent Square One Independent Drive Jacksonville, Florida 32202 Robert F. Spohrer, Esquire ZISSER ROBISON SPOHRER WILNER & HARRIS, P.A. 303 Liberty Street Jacksonville, Florida 32202 C. B. Stafford, Executive Director Florida Real Estate Commission 400 West Robinson Avenue Post Office Box 1900 Orlando, Florida 32801
The Issue Whether Petitioner has demonstrated that he is honest, truthful, trustworthy, of good character and has a good reputation for fair dealing as required by Section 475.17(1), Florida Statutes.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, a consideration of the post-hearing memoranda and the entire record compiled herein, the following relevant facts are found. On February 13, 1982, Petitioner filed an application for licensure as a real estate salesman with the Commission. Petitioner, prior to moving to Florida, was employed as a deputy sheriff for the Los Angeles County (California) Sheriff's Department for approximately seven (7) years. He was honorably discharged from the Sheriff's Department. By letter dated April 27, 1982, the Commission denied Petitioner's application, stating therein that the specific reasons for its (the Commission's) actions were based on his answer to question number six (6) of the licensing application. The application form for licensure as a real estate salesman includes a question number six (.6), which inquires: Have you ever been arrested for, or charged with, the commission of an offense against the laws of any munici- pality, state or nation, including traffic offenses . . . without regard to whether convicted, sentenced, pardoned or paroled? The Petitioner responded "yes" to the inquiry. The question goes on to request: "If yes, state details, including the outcome in full." In response to this inquiry, Petitioner submitted the following: "Possession of a counterfeit substance, not found guilty, terms of probation, expunged record." Respondent's Exhibit No. 1, a certified copy of judgment and sentence, shows that Petitioner pled nolo contendere to the charge of sale of counterfeit controlled substance, Section 817.563, Florida Statutes, and on February 12, 1982, was sentenced to five (5) years of probation with the Florida Department of Corrections. Adjudication of guilt was withheld. Petitioner is presently serving the five (5) years of probation. (Tr. pp. 15-16) Petitioner acknowledges that the court informed him as to the charges against him in open court. (Tr. p. 26) Petitioner claims that he pled no contest to possession of a counterfeit controlled substance. Finally, Petitioner admitted that the arrest record for sale of a counterfeit controlled substance was not expunged. (Tr. p. 22) Petitioner has appealed the order of court on constitutional grounds and stated his belief that expungement will be granted upon satisfactory completion of his probationary term. At present however, his record relative to that charge has not been expunged.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the Florida Real Estate Commission enter a Final Order denying Dwayne Lee Hill's application for a real estate license pursuant to Subsection 475.17(1), Florida Statutes. DONE and RECOMMENDED this 19th day of October, 1982, 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 19th day of October, 1982.
Findings Of Fact The Florida Real Estate Commission (Commission hereafter) by its representative, Charles F. Borer (Plaintiff hereafter) filed an Administrative Complaint on December 17, 1976, alleging that the Defendant, on or about April 29, 1975, was found guilty in the Twelfth Judicial Circuit Court of this state of engaging in lewd and lascivious acts or assault upon or in the presence of a child and that by reason thereof, the Defendant is guilty of a crime of moral turpitude fraudulent or dishonest dealing in violation of subsection 475.25(1)(e), Florida Statutes. Based thereon, the Commission seeks to revoke or suspend the licensee and his right to practice thereunder. The Commission introduced into evidence an Information filed January 20, 1975, against the Defendant for engaging in Involuntary Sexual Battery, Lewd and Lascivious Act or Assault upon or in the Presence of a Child in violation of Chapter 794.021(e) and Chapter 800.04 Florida Statutes. On April 29, 1975 a jury found the Defendant guilty as charged. See Commission's Exhibit #1. Chapter 475.25 Florida Statutes set forth grounds for which the Commission may revoke or suspend a registrant's license. Subsection (e) thereof provides in pertinent part that the Commission may suspend a registrant's registration based upon a finding that the registrant has "been guilty of a crime against the laws of this state or any other state or of the United States, involving moral turpitude The documentary evidence introduced and received in this case provides ample basis for a finding that the registrant has been guilty of a crime within the meaning of Chapter 475.25(1)(e). Based thereon, I make the following:
Recommendation 1. That the Defendant's registration as a real estate salesman be suspended for a period of two years. DONE and ENTERED this day of April, 1977, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Bruce I. Kamelhair, Esquire 2699 Lee Road Winter Park, Florida 32789 Frank L. Pepperel c/o ITT Community Development Corp. 5225 Northwest 87th Avenue Miami, Florida 33166
The Issue Whether petitioner's application for licensure as a real estate salesman should be denied because he allegedly lacks the requisite honesty, trustworthiness, truthfulness, good character, and good reputation for fair dealing.
Findings Of Fact On June 10, 1983, petitioner filed an application for licensure as a real estate salesman with the Florida Real Estate Commission. Question No. 6, on the application, reads: Have you ever been arrested for, or charged with the commission of an offense against the laws of any municipality, state or nation including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled? If yes, state details including the outcome in full. Question #6 was answered by Petitioner as follows: Feb. 11, 1979 arrested - (hit & run & possession of cocaine) [sic] Case #79521C. In hit & run charge - (felony was dropped) In the cocaine [sic] charge 3 yrs. probation (Aug. 1, 79, Aug. 1, 82). Also (July 11, 80) went to court for loitering or prowling charge - Pleaded no contest and paid $25 court cost - Case No. 80-4630mm. On August 17, 1983, the Commission tentatively denied his application because of his criminal record disclosed by this answer to Question No. 6. His answer was truthful and correct. On February 11, 1979, he was arrested in Lake Worth, Florida, and charged with possession of cocaine and hit and run. The hit and run charge was dropped and, on August 1, 1979, he pled guilty to the charge of possession of cocaine. He was adjudged guilty and sentenced to three years of probation. On April 22, 1980, while on Probation, petitioner, was arrested in Boynton Beach, Florida, charged with loitering or prowling, and later convicted. II. Petitioner, 22, was 18 years old in 1979, when he was arrested, and convicted of possessing a small amount of cocaine. The seriousness of his loitering or prowling conviction, which occurred in the next year, is revealed by the minimal sentence he received--a $25 fine. That was his last unlawful act, and it occurred almost four years ago. During the last two years, his life and character have changed dramatically. He avoids illicit drugs; he works 60 hours a week as a salesman in a West Palm Beach furniture store; and he is the sole support for his 2 year old daughter, Keisha. Both he and his friends attribute his change in lifestyle and character to the love and responsibility he feels for Keisha, whose mother left him approximately a year ago. Two character witnesses, admittedly his friends, know petitioner to be an honest, trustworthy, and straight-forward person. They have been impressed by his willingness to accept responsibility for his young daughter and raise her almost single-handedly; by his willingness to work hard as a salesman and improve his lot. Both witnesses are reputable real estate brokers or salesmen in Florida. One has been in the real estate business for 11 years, is president of the largest realtor office in Palm Beach County, does a real estate radio talk show, and teaches and publishes articles on investing in real estate. He has known petitioner for about three years and stated, without hesitation, that he would hire petitioner if he obtains a real estate license. The other witness, licensed since 1977, has known petitioner since boyhood and believes that respondent would make a good real estate salesman. The opinions of these character witnesses are persuasive and supported by other convincing evidence. Until recently, when he began working at a West Palm Beach furniture store because of the opportunity for increased sales, he had worked at a Lake Worth furniture store for 3 and 1/2 years. He began as a delivery boy, was promoted to part-time sales, then full-time sales. He opened the store four to six days a week. For the last four years, he has been a stable, productive and, by all accounts, reliable employee. The Commission has not alleged or shown otherwise. Petitioner's completion of his application, and his candor and demeanor at hearing, provide further evidence of his character and honesty. On his application he truthfully and fully disclosed his previous arrests and convictions. At hearing, he candidly admitted his past indiscretions or unlawful acts, and expressed a sincere desire for an opportunity to become a real estate salesman: Yes, I would very much appreciate an opportunity to take the test. Like I say, my four years is a very long time. I don't know if it is for most people. It's been a long time for me. My lifestyle, you could really call it boring. Like I say, I am working sixty hours a week and taking of the business with the baby just about the rest of the time, and ninety percent of my spare time is spent with her. I am trying to prove something to you today that I already know in my heart, and that is that I would not cheat anybody and I do have a general fair and loving outlook on life. That's all. (TR.-28) Based on the above, it is concluded, as an ultimate finding, that petitioner is honest, truthful, and trustworthy, and has good character and reputation. His conduct, over four years, demonstrates that he possesses these qualities. Two licensed real estate professionals, aware of his past misdeeds, enthusiastically vouch for his good character and ask that he be given an opportunity to become a salesman. It appears likely that his licensing, should he pass the examination, will not endanger the interests of the public or real estate investors.
Recommendation Based on the foregoing, it is RECOMMENDED: That petitioner be found qualified, under Section 475.17, and that, upon passing the required examination, he be licensed as a Florida real estate salesman. DONE and ENTERED this 16th day of February, 1984, in Tallahassee, Florida. R. L. CALEEN, JR. 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 16th day of February, 1984.
Findings Of Fact By letter of August 1, 1983, the legal advisor to respondent Florida Real Estate Commission ("Commission") informed petitioner that the Commission intended to deny his application for registration as a real estate salesman because of alleged failure to satisfy Section 475.17(1), Florida Statutes (1981), which requires that applicants be "honest, truthful, trustworthy, and of good character, and . . . have a good reputation for fair dealing." The letter noted that petitioner had a record of 14 criminal arrests, almost all relating to possession or sale of illicit drugs. On August 29, 1983, petitioner disputed the Commission's intended action and requested a formal hearing. This case was then forwarded to the Division of Administrative Hearings for assignment of a hearing officer. By notice of November 22, 1983, copies of which were sent by U.S. mail to both parties, hearing was set for 8:30 A.M. on February 2, 1984, in Room A, Elisha Newton Dimick Building, 111 Georgia Avenue, West Palm Beach, Florida. The hearing was delayed until 8:55 A.M., but petitioner did not attend. He did not notify the undersigned of any reason why he could not attend, nor did he request a continuance. Attempts to telephone him at approximately 8:45 A.M. were unsuccessful. The Commission placed into evidence the basis for its intended denial of petitioner's application.
Recommendation For these reasons, it is RECOMMENDED: That petitioner's application for registration as a real estate salesman in Florida be denied. DONE and ENTERED this 15th day of February, 1984, in Tallahassee, Florida. R. L. CALEEN, JR. 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 15th day of February, 1984. COPIES FURNISHED: Ralph Armstead, Esquire Assistant Attorney General Department of Legal Affairs Suite 212 400 West Robinson Street Orlando, Florida 32801 Scott J. Miller 3781 Mil Pond Court Lake Worth, Florida 33463 Mr. Harold Huff, Director Division of Real Estate Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801
