81-001924 Gary L. Stobbe vs. Florida Real Estate Commission Status: Closed Recommended Order on Tuesday, December 1, 1981.

Summary: Petitioner gave no competent evidence of rehabilitation following felony conviction to show entitlement to licensure. Recommend denial of license.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GARY L. STOBBE , )

)

Petitioner , )

)

vs. ) CASE NO. 81-1924

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, BOARD OF REAL )

ESTATE , )

)

Respondent. )

_________________________________)

RECOMMENDED ORDER

Pursuant to notice, a formal administrative hearing was conducted in this

matter on October 29, 1981, in CLEARWATER, Florida.

APPEARANCES

For Petitioner : Petitioner appeared on his own behalf.

For Respondent : Linda A. Lawson

Tallahassee, Florida

ISSUE

The Petitioner filed an application for licensure as a real estate salesman

with the Board of Real Estate. The Board denied the application and advised

Petitioner of his right to request a hearing. Petitioner requested a hearing,

and the matter was filed with the office of the Division of Administrative

Hearings on August 5, 1981. The final hearing was scheduled to be conducted as

set out above by notice dated September 11, 1981.

At the hearing, the Petitioner testified as a witness on his own behalf.

Respondent's Composite Exhibit 1 was received into evidence. Respondent has

submitted a posthearing legal memorandum which includes proposed findings of

fact and conclusions of law. The proposed findings and conclusions have been

adopted only to the extent that they are expressly incorporated into the

Findings of Fact and Conclusions of Law which follow. They have been otherwise

rejected as either not supported by the evidence or irrelevant to the issues.

The issue in this proceeding is whether the Petitioner's application for

licensure as a real estate salesman should be denied.

FINDINGS OF FACT

1. Petitioner is 34 years old, and resides in Clearwater, Florida.

2. During August, 1977, a five-count indictment was filed against the

Petitioner and two other individuals in the United States District Court for the

District of Arizona. The indictment alleged various charges of manufacturing

counterfeit obligations, concealing counterfeit obligations, sale of counterfeit

obligations, and conspiracy. On December 8, 1977, Petitioner plead guilty to

Count I of the indictment. Count I of the indictment charged as follows:

That beginning on or about October 1974 and

continuing until March 1977 in the District

of Arizona . . . the defendants, wilfully

[sic] and knowingly did combine, conspire,

confederate, and agree together with each

other, and with diverse other persons to the

grand jury unknown, to commit the following

offense against the United States: to

counterfeit obligations of the United States,

that is, to falsely make, forge, and

counterfeit Twenty Dollar ($20.00) Federal

Reserve Notes, with the intent to defraud, in

violation of Title 18, United States Code,

Section 471.

In furtherance of the conspiracy and to

effect the objects thereof, the defendants

performed the following overt act:

During January or February 1975, [one of the

other defendants purchased a Davidson

Duplicator Model 221 Offset Printing Press,

Serial Number 4858, in Phoenix, Arizona.

All in violation of Title 18, United States

Code, Section 371.

The Court adjudicated Petitioner guilty of the charges alleged in Count 1 of the

indictment, and sentenced him to serve two years in prison, with execution of

the sentence suspended with the exception of the first five months, to be

followed by two years' probation. Petitioner was also fined $1,000.

3. Petitioner served that portion of his sentence which was not suspended,

with time off for good behavior, paid the fine, and has completed the period of

his probation. Petitioner's civil rights have been restored, except the right

to carry firearms.

4. Prior to the time that he was indicted and sentenced, the Petitioner

was employed in a responsible position in Michigan. After he served his

sentence, his employer rehired him. Petitioner moved to Florida during 1979,

and operated his own business, a restaurant, in Clearwater, from October, 1979,

until July, 1981. At that time, he sold his business because he wished to

return to sales work. Petitioner is seeking a real estate license so that he

can actively operate as a real estate salesman specializing in sales of

commercial properties.

5. Petitioner testified that he considers himself completely

rehabilitated. No competent evidence was offered, however, as to the

Petitioner's character, and his reputation for honesty, truthfulness,

trustworthiness, and for fair dealing.

CONCLUSIONS OF LAW

6. The Division of Administrative Hearings has jurisdiction over the

subject matter and the parties to this proceeding. Sections 120.57(1), 120.60,

Florida Statutes.

7. Section 475.25(1)(f) , Florida Statutes, provides in pertinent part:

The board may deny an application for

licensure . . . if it finds that the

applicant has:

(f) Been found guilty, regardless of

whether adjudication was withheld, of a

crime against the laws of this state or any

other state or of the United States, which

crime directly relates to the activities of

a licensed broker or salesman or involves

moral turpitude or fraudulent or dishonest

dealing. . . .

Conspiracy to counterfeit Federal Reserve Notes is a crime involving moral

turpitude and fraudulent and dishonest dealing. Section 475.17(1), Florida

Statutes, provides in pertinent part:

An applicant for licensure . . . shall

be . . . honest, truthful, trustworthy, and

of good character and shall have a

reputation of fair dealing. . . .[i]f 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 this chapter

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 shall

appear to the board that the interest of the

public and investors will not likely be

endangered by the granting of registration.

Petitioner's conviction would serve as good grounds for revoking or suspending

his license to practice as a real estate salesman in Florida had he been

registered. The Petitioner was adjudicated approximately four years ago, and

the offenses occurred approximately two years prior to that. He has served his

sentence and the period of his probation; his civil rights have been restored.

It appears that there has been adequate lapse of time; however, there is no

evidence, other than the Petitioner's own testimony, respecting his subsequent

good conduct and reputation. Petitioner is not a competent witness as to his

own reputation.

8. Petitioner has the burden of establishing his entitlement to licensure

as a real estate salesman. The evidence offered in this proceeding is

inadequate to establish that he is entitled to licensure.

RECOMMENDATION

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

hereby,

RECOMMENDED:

That a final order be entered by the Board of Real Estate denying the

application of Gary L. Stobbe for licensure as a real estate salesman.

RECOMMENDED this 1st day of December, 1981, in Tallahassee, Florida.

___________________________________

G. STEVEN PFEIFFER

Assistant Director

Division of Administrative Hearings

The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

[phone]

Filed with the Clerk of the

Division of Administrative Hearings

this 1st day of December, 1981.

COPIES FURNISHED:

Mr. Gary L. Stobbe

1111 Bayshore Boulevard, E-5

Clearwater, Florida 33519

Linda A. Lawson, Esquire

Assistant Attorney General

Department of Legal Affairs

Tallahassee, Florida 32301

Mr. Samuel R. Shorstein

Secretary, Department of

Professional Regulation

130 North Monroe Street

Tallahassee, Florida 32301

Mr. Carlos B. Stafford

Excecutive Director

Board of Real Estate

Department of Professional

Regulation

Post Office Box 1900

Orlando, Florida 32802

Frederick H. Wilsen, Esquire

Assistant General Counsel

Department of Professional

Regulation

130 North Monroe Street

Tallahassee, Florida 32301