Earlier this year I applied for a Florida Real Estate Associate license and as required, disclosed my misdemeanor on the application and supplied my court records with the application.

I was arrested several years ago in California, then I was found guilty of a misdemeanor petty theft relative to the arrest. I have served my sentence and have learned my lesson well, that was the first and last time.

I received a letter from the FREC (Florida Real Estate Commission) stating I can appear in front of the FREC in support of my application and I can bring individuals to speak in support of my application, also and that I can have counsel present. I am planning on attending the meeting without a lawyer. Actually, the FREC letter did not mention anything about the misdemeanor, so it is my assumption that the FREC wants to see me about it.

I have many years of professional experience (relative to real estate), so I look, dress and speak the role. It occurred to me that it may be appropriate to give the FREC a copy of my resume. I am working on getting letters of reference from coworkers and friends to give to the FREC. Additionally, I hope to bring one or more people who know about my past, including the misdemeanor, and present behavior to speak on my behalf. I will bring a written statement of what happened to hand over to the FREC and if given the opportunity I will explain what happened and state I am reformed and have learned my lesson, etc. Obviously, I will answer questions briefly & honestly.

So, keeping in mind my goal is to obtain my Florida Real Estate license, any specific advice on what to expect when I appear at the FREC or what to tell the FREC?

Apologies if this should have been posted in some other category.

Respectfully, helpful and serious responses appreciated.

Thank you.

Had you been issued a California Real Estate License before moving to Florida?

I have not held a real estate license in California or any other state.

Cindy,

I don't have much to add but a little support. I believe in second chances and, for gosh sake, don't look in my closet. I wish you the very best in this endeavor and hope you'll share the outcome with us.

All my best.

I asked because seldom will a Real Estate Commission disrupt a person's career if they have already invested time in the activity (like I thought you may have in California).

I've sat in on disciplinary hearings of Licensees who have have had complaints lodged against them or committed other errors, and I have watched the Members agonize over how to handle each case humanely. These Commissions take their roles seriously, in protecting the "Public Interest"; but are not insensitive to the fact that Agents depend on keeping their Licenses intact once they depend upon them for their livelihood.

So I don't know how serious the offense was that they are questioning . . . . in most jurisdictions, Misdemeanors do not provide a sufficient basis for denying a License; it takes a Felony to do that . . . . but every State and Commonwealth is a little different. I take it that you have not yet sat for the Florida Real Estate Examination; because if you had, this would be an unfortunate occurrence, to have prepared for and taken the Exam only to now be told you can go no further.

I suspect that they are just performing their due diligence and making themselves feel comfortable to allowing you to service the Public while under their supervision (albeit from a distance). Here's hoping that they give you a "pass" and that you are never called before them again . . . . unless it's by choice. Remember, they're just your fellow citizens, and most perform this regulatory function almost for free (here in Vermont, I think we pay our Commission Members less than $100 per meeting).

Cindylove: Since I am not privy to all the facts, surrounding this matter, I am compelled to guess and am inclined, in this instance to suggest that unless you are familiar with “administrative law” and the relevant caselaw regarding real estate licensing in the State of Florida, you would be well advised to consult with a lawyer specializing in administrative law and at least know what your chances may be.

It appears that you are relying on witnesses attesting to your current character. Your age at the time of your conviction might be germane together with any mitigating circumstances at that time.

A lawyer specializing in administrative law could perhaps advise you as follows:

_ On what your legal rights are;

_ Whether there was adequate notice given you by FREC;

_ On whether the relevant law distinguishes between a misdemeanour and a felony or does it just relate to a criminal conviction;

_ On caselaw on how the FREC has ruled in the past with regard to similar matters;

_ And whether there is an appeal process by which a tribunal's decision may be appealed;

Bear in mind that in some instance an administrative tribunals may have two lawyers, one to handle the prosecution, if any, and another lawyer that serves as the tribunal’s legal counsel to advise them on the law and whether there are legally justifiable reasons for whatever ruling they decide to make.

Your initial hearing before a tribunal is most important and should be argued by someone both knowledgeable and experienced in administrative law and the strategies and tactics as may be necessary in pleading your case.

Some tribunals have their own appeal process in relation to their decisions, and it has been rumoured that this may be just a rubber stamp process and that a subsequent appeal must be taken through the court process, provided,however, the appellant has exhausted all prior avenues available to them, will the court then consent to hearing their appeal.

The cost of mounting an appeal is prohibitively costly and most appellate lawyer’s require a large retainer up front.

But, should a defendant desire to mount an appeal of the administrative tribunal decision, bear in mind that an appeal is not a re-trial of their hearing and that generally no new evidence or witnesses may be introduced into the appeal process.

Appeals are generally based on error’s discovered in the evidence of the original hearing, where there was any one error or a combination or errors as follows:
_ an error in law;
_ an error in fact;
_ an error in procedure

These errors are recognized by experienced legal counsel in reviewing the transcript of the hearing and not normally by a layperson. Lawyers specializing in administrative law are well versed with the legal strategies and tactics as may be required in the defence of their client.

Remember, “you won’t get a second chance to make a first impression” and this is quite accurate with regard to administrative tribunals.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information

If you go to the FREC web site you can read the minutes of previous FREC hearings and see the parts that refer to this type of hearing.

The website is http://www.myfloridalicense.com/dbpr/re/frec.html

CindyLove:
There appears to be some light at the end of the tunnel.

I direct your attention to the highlighted portion of FREC s.475.17 as follows:

475.17 Qualification for practice
if the applicant has been guilty of conduct or practices in this state or elsewhere which would have been grounds for revoking or suspending her or 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 appears to the commission that the interest of the public and investors will not likely be endangered by the granting of registration. The commission may adopt rules requiring an applicant for licensure to provide written information to the commission regarding the applicant's good character.

Good Luck in your endeavours

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .

There are attorneys who specialize in protecting professional licenses. A google search should find one in your area. I would definitely consult with one of them before appearing.