86-002902 Joyce Carol Lillquist vs. Florida Real Estate Commission Status: Closed Recommended Order on Wednesday, January 14, 1987.

Summary: Application didn't present evidence to corrob her testimony that she's rehabili- tated from embezzling conviction, eg, probation officer. Application denied.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOYCE CAROL LILLQUIST, )

)

Petitioner, )

)

vs. ) CASE NO. 86-2902

)

DEPARTMENT OF PROFESSIONAL )

REGULATION, FLORIDA REAL )

ESTATE COMMISSION, )

)

Respondent. )

_____________________________)

RECOMMENDED ORDER

Joyce Carol Lillquist, of Seminole, pro se, for Petitioner.

Lawrence S. Gendzier, Esquire, of Orlando, for Respondent.

The issue in this case is whether Petitioner, Joyce Carol Lillquist, has

proved herself to be "honest, truthful, trustworthy, and of good character and

[to have] a good reputation for fair dealings," as required for licensure as a

real estate salesman under Section 475.17(1)(a), Florida Statutes (1985).

The final hearing on the issue in this case was held in St. Petersburg on

November 26, 1986. The parties asked for and received until December 18, 1986,

in which to file proposed recommended orders.

FINDINGS OF FACT

1. Petitioner, Joyce Carol Lillquist, is a 38 year old mother of a 14-year

old son. Approximately ten years ago, her ex-husband abandoned her and her son,

leaving her to pay the family bills.

2. In 1978, Petitioner moved to Illinois and took a job as a loan officer

in an Illinois bank.

3. In 1980, Petitioner's mother became ill with cancer. In order to

finance her return to Florida to be with her mother and father, Petitioner took

an improper $7500 loan without required authorization.

4. When she returned to Florida, Petitioner took a job as a loan officer

for the Barnett Bank. She took an improper $5000 loan from the Barnett Bank to

pay off the remaining debt of the Illinois bank loan.

5. While coping with her mother's illness, which eventually terminated in

death, Petitioner never paid off the Barnett Bank loan. She just kept renewing

the loan when it came due.

6. When the Barnett Bank became aware of the improper loan, the Petitioner

turned herself in to the authorities.

7. Principal and interest owed to Barnett Bank at the time Petitioner

turned herself in amounted to $12,828.78.

8. Petitioner was charged with and pled guilty to the charge of

embezzlement in 1984, in Case No. 84-72-CRT-10, in the U.S. District Court,

Middle District of Florida.

9. Petitioner was convicted of the above charge and sentenced to 4 years

of imprisonment (3.5 of which were suspended), and 3 years of probation.

10. No restitution was or has been made to Barnett Bank. At the time of

Petitioner's conviction, her financial condition was such that restitution was

not made a condition of her probation. Petitioner now has the ability to begin

making some restitution, but she has gotten the impression that the Barnett Bank

is not seeking restitution.

11. Petitioner was not prosecuted for the Illinois loan.

12. Petitioner's probation period began August 3, 1984, and is due to

terminate August 3, 1987.

13. Petitioner submitted an application for licensure as a real estate

salesman on or about October 2, 1985. The application disclosed Petitioner's

embezzlement conviction.

14. Petitioner has held responsible jobs since her conviction and

considers herself of good moral character. She swears that she has not

committed dishonest acts other than the two mentioned above and that she will

not repeat her past offenses. However, no one else testified to Petitioner's

present character and fitness.

CONCLUSIONS OF LAW

15. Section 475.17(1)(a), Florida Statutes (1985), provides in pertinent

part:

An applicant for licensure who is a

natural person shall be ... honest, truth-

ful, trustworthy, and of good character and

shall have a good reputation for fair deal-

ing ... [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 reputa-

tion, or other reason deemed sufficient, it

appears to the commission that the interest

of the public and investors will not likely

be endangered by the granting of registration.

16. In addition, Section 475.29(1)(f), Florida Statutes (1985), provides

that the Commission may deny an application if it finds that the applicant:

(f) Has been convicted or found guilty,

regardless of adjudication, of a crime in

any jurisdiction which directly relates to

the activities of a licensed broker or sales-

man or involves moral turpitude or fraudulent

or dishonest dealing. Any plea of nolo

contendere shall be considered a conviction

for purposes of this paragraph. The record

of a conviction certified or authenticated in

such form as to be admissible in evidence

under the laws of the state shall be admissible

as prima facie evidence of such guilt.

17. Section 475.25(1) also authorizes the Commission to suspend or revoke

a license if the Commission finds that a licensee has done any of the acts set

forth in its subparagraphs.

18. There is no question but that Petitioner is guilty of conduct that

would have been grounds for suspension or revocation under Section 475.25(1)(f)

had she been a licensee. Under Section 475.17(1)(a), the issue becomes:

(1) Whether "because of lapse of time and subsequent good conduct and

reputation, or other reason deemed sufficient ... the interest of the public and

investors will not likely be endangered" if Petitioner's application is granted;

and

(2) Whether Petitioner is "honest, truthful, trustworthy, and of good

character and shall have a good reputation for fair dealing".

19. The burden of proof is on Petitioner. J.W.C. Company, Inc. v.

Department of Transportation, 396 So.2d 778 (Fla. 1st DCA 1981). A real estate

salesman places himself in a position of trust and in a position to be tempted

by funds and property placed in trust in his hands by his clients. It is

therefore important, particularly where an individual has in the relatively

recent past succumbed to a similar temptation, to hold the individual to the

legal burden of proof.

20. Under the facts of this case, Petitioner did not meet her burden of

proof. There was no testimony from her probation officer or anyone else to

corroborate her testimony or add assurance to her promises. In addition, only

two years have elapsed since her conviction, and she remains on probation until

August, 1987. It is not found or concluded that Petitioner is not honest,

truthful, trustworthy, of good character and of good reputation for fair

dealing, or that it is likely that the interest of the public and investors will

be endangered if Petitioner's application is granted. It is simply concluded

that Petitioner has not presented sufficient proof to establish that the

contrary is true at this time. It can be hoped that, with passage of time and

with sufficient evidence, Petitioner will be able to prove, on another occasion,

that her sworn testimony and promises are true and the she is indeed worthy of

licensure.

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

the application of Petitioner, Joyce Carol Lillquist, for licensure as a real

estate salesman.

RECOMMENDED this 14th day of January, 1987, in Tallahassee, Leon County,

Florida.

_________________________________

J. LAWRENCE JOHNSTON

Hearing Officer

Division of Administrative Hearings

The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

[phone]

Filed with the Clerk of the

Division of Administrative Hearings

this 14th day of January, 1987.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-2902

All of Respondent's proposed findings of fact are accepted and are

incorporated in the Findings Of Fact along with additional findings. Petitioner

did not submit proposed findings of fact.

There rulings comply with Section 120.59(2), Florida Statutes (1985).

COPIES FURNISHED:

Joyce Lillquist

1073 Eden Isle Drive Northeast

St. Petersburg, Florida 33704

Lawrence S. Gendzier, Esquire

Assistant Attorney General

Suite 212

400 West Robinson

Orlando, Florida 32801

Fred Roche

Secretary

Department of Professional

Regulation

130 North Monroe Street

Tallahassee, Florida 32301

Wings S. Benton, Esquire

General Counsel

Department of Professional

Regulation

130 North Monroe Street

Tallahassee, Florida 32301

Harold Huff

Executive Director

Division of Real Estate

400 West Robinson Street

Post Office Box 1900

Orlando, Florida 32801