DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE vs EDWARD J. GROSBERG, 06-003632PL (2006)
Court: Division of Administrative Hearings, Florida
Number: 06-003632PL
Visitors: 39
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE
Respondent: EDWARD J. GROSBERG
Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Locations: Miami, Florida
Filed: Sep. 21, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 30, 2006.
Latest Update: Dec. 23, 2024
Q ar aed
STATE OF FLORIDA © S05 ~ a,
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,
FLORIDA REAL ESTATE COMMISSION
Wichael E. Murphy
a ane Hag _— nes Acting Division Director
Bon’ Division of Real Estate
88 fos-
PARLE en
FDBPR v. Edward J. Grosberg Case No. 2005030505
Administrative Complaint .
ATTORNEY FOR PETITIONER
Alpheus C. Parsons, Senior Attorney
Florida Bar N° 0607721
Division of Real Estate
Department of Business and
Professional Regulation,
Legal Section - Suite N 801
Hurston Bldg. North Tower
400 West Robirison Street
Orlando, Florida 32801-1757
(407) 481-5632
(407) 317-7260 FAX
ACP/k
PCP: GS/HF 8/05
NOTICE TO RESPONDENTS
PLEASE BE ADVISED that mediation under Section 120.573 of the Florida
Statutes; is not available for administrative disputes involving this type of agency action.
PLEASE BE FURTHER ADVISED that pursuant to this Administrative
Complaint you may request, within the time allowed by law, a hearing to be conducted in this
matter in accordance with Sections 120.569 and 120.57 of the Florida Statutes; that you have
the right, at your option and expense, to be represented by counsel or other qualified
representative in this matter; and that you have the right, at your option and expense, to take
testimony, to call and cross-examine witnesses, and to have subpoena and subpoena duces
tecum issued on your behalf if a formal hearing is requested.
PLEASE BE FURTHER ADVISED that if you do not file an Election of Rights
form or some other responsive pleading with the Petitioner within twenty-one (21) days of
receipt of this Administrative Complaint, the Petitioner will file with the Florida Real Estate
Commission a motion requesting an informal hearing and entry of an appropriate Final Order
which may result in the suspension or revocation of your real estate license or registration.
Please see the enclosed Explanation of Rights and Election of Rights form.
STATE OF FLORIDA, - ys- EDWARD J. .GROSBERG Defendant
in the CIRCUIT Court. of VOLUSIA County, Florida
Case No. 99-34651 CEAES. COUNT I
THSS
aN
ORDER OF SEX OFFENDER PROBATION Aes e
Daas
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This cause coming on this day to be heard before me, and you, the defendant, EDWARD J. GROSBERG being now has FO
present before me, and you having “It. s Ea
(check one) at & “
as CE] entered a: plea of guilty to ; 3
ae DX]. entered a plea of nolo contendere to an
| been found guilty by jury verdict of |
[ been found guilty by the court trying the case without a jury of
the offense(s) of, COUNT I: SEXUAL PERFORMAN CE BY A CHILD, A SECOND DEGREE FELONY
SECTION 1: Judgement of Guilt _
Cc] The court chereby adjudges you to be guilty of the above offense(s). “Now, therefore,
adjudged that you be placed on Sex Offender Probation for a period of _
Department of Corrections, subject to Florida law.
it is ordered and
under the supervision of the ©
SECTION2: Order Withholding Adjudication
DX <} Now, therefore, it is ordered and adjudged. that the adjudication of guilt is hereby withheld and that you be
ee on Sex Offender Probation for a period of HIVE (5) YEARS under the supervision of the Department of
Comections, subject to Florida law.
ry
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SECTION 3: Probation During Portion of Sentence
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aid
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It is hereby ordered and adjudged that you be 23 o mt
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| committed to the Department of Corrections = ee Tl j
. . ce ee
| confined in the County Jail ; "3 ny
for a term of with credit for jail time. After you have.served of the term, you shall be placed
on Sex Offender Probation for a'period of under the supervision of the Department of Corrections, subject
to Florida law.
ADMINISTRATIVE COMPLAINT,
EXHIBIT #4 at tne en
PAGE| oor ww LAGE 1 OF § EXHIBIT t=
PAGE__{t
DEFENDANT: EDWARD J. GRU BERG
CASE NUn.dER: 99-34651 CFAES, COUNT I
2
It is further ordered’that you_shall comply with the following conditions of Sex-Offender Probation during the
Probationary period, Tid
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. . ; - we.
(1) ‘Not later than the 5" day of each month, you will make a full and truthful report to your officer on the forn(D x
provided for that purpose. .
(2) You will pay the State of Florida at the rate of $50.00 per month toward the cost of your supervision, plus a. anh R
administrative processing fee, in accordance with Florida Statutes 945.31 and 948, 09.. The monthly cost o ni a
supervision shall be exempted for the number of ‘months or portion ‘of a month you are incarcerated, in the Tier
‘Two portion of the Non-Sécure Drug Treatment Program or any other “inpatient” treatment facility. ;
(3) You will not change your residence or employment or leave the county of your residence without first procuring
the consent of your, officer.’ .
(4) You will not possess, carry or own any firearm under any circumstances. “You will not Possess, carry or own L any
weapons (other than a firearm) without first procuring the consent of your officer, oO ' atid
(5) You will live: without violating any law. A conviction in a court of law shall not be necessary for such a violation
to constitute a violation of your Sex Offender Probation. ,
(6) You will not associate ‘with any person engaged in any criminal activity.
(7) You will not use intoxicants to excess or possess any drugs or narcotics unless prescribed bya physician. Nor
will you ‘visit places where intoxicants, drugs or’ other dangerous substances are unlawfully sold, dispensed or
used. .
(8) You will maintain or actively seek gainful employment, advise your employer of your probationary status and
support dependents to the best of your ability.
(9) You will promptly and truthfully answer all inquiries directed to you by the court 6 or your officer and allow your
officer to visit in your ‘home, at your employment site or elsewhere, and you will comply with all instructions your
officer may: give you.
(10) You will pay restitution, costs and/or fees in accordance with the attached order. Be? "1
(11) You will report in person within 24 hours of your release from confinement to the probation office in Venn
County, Florida, unless otherwise instructed by your officer. (This condition applies only if section 3 ithe
previous page is checked.) Otherwise, you must report ‘immediately to the probation office located at 119 Fouth -
Palmetto Avenue, Daytona Beach, Florida 32114. : g: =
(12)
You will submit to urinalysis, breathalyzer or blood tests at any time requested by ‘your officer, or the professoinl ‘
staff of any treatment center where you are receiving treatment, to determine possible use of alcohol, dnb
controlled substances.
ADMINISTRATIV —E COMP LAINT
EXHIBIT #_f
PAGE 22 OF Figg yp
“ i | : PAGE 20F5 _ ( ° PAGE jv.
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(16)
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“supervision! pursuant to Section 948 09(1)(2), Florida Statute.
and make a good faith effort to complete the’ program as determined by the program administrator.
-DEKENDANT: EDWARD J. GF JERG 7 CASEN( INR: 9934651 CEAES, COUNTI
You shall pay to the Department of Corrections @ $2.00 per month surcharge for each month you are under
You shall enroll in the Probationers’ Education Growth @. E, G) Program as directed by ye your Probation Officer,
aso
Boor
You shall register.in person. with the County Sheriff as a sex offender, regardless. of adjudication, within 48 hours
Nip
of sentencing or telease from confinement in accordance with Florida Statute.943 0435. wad (hs
Any probationer whose crime was committed on or after October 1,.1997, in violation of chapter 794, s. ate
800.04, s. 827.071, or s. 847.0145, shall have the following additional standard conditions imposed:
You shall abide bya mandatory | curfew and remain within your residence from 10:00 p.m. until 6:00 a.m.,.or as
otherwise directed by your Probation Officer. , .
If the victim was under eighteen (18) years of age, you are prohibited living within 1,000 feet of a school, day
care center, park, playground or other place where children regularly congregate, ,
You shall actively Participate i in and successfully complete a ‘sex offender treatment program, as directed by your
officer, and you will pay any summary fees for évaluation, referral and monitoring services. The treatment shall °
be provided. by a therapist. who is specifically trained to treat sex offenders if such is available within a 50 mile
radius of the offender’s residence. ; .
You may not associate or have contact i in any way vith the victim, either directly or indirectly, unless approved
by the victim, your therapist and the sentencing Coit, : oO
If the victim ‘was under eighteen (18) years of age, and you: have. not successfillly completed a sex offender
treatment program, you shall have no unsupervised ¢ contact with any child under the age of eighteen (18) unless
another adult i 1s. present who is responsible for the child’s welfare, has been advised of the crime, and is approved .
per the. sentencing Court. , ;
Ifthe victim was under ei ighteen: (h 8) years of age, you shall not work for pay or as a volunteer at any school, day
care center, park, playground, or other place where children tegularly congregate.
You shall not view, own or possess.any obscene, pornographic or sexually stimulating visual or auditory material,
including telephone, electronic Media, computer Programs ¢ or computer services that are relevant to deviant
behavior pattern. ;
You shall submit two specimens of blood to the Department of Law Enforcement, as directed by your officer, to *
be registered with the DNA Data Bank as required i in F.8, 943.325.
You shall make restitution to the victim, as. ordered’ by the Court under s, 775.089, for all necessary medical and
related:professional services relating to physical, psychiatric and | psychological care,
. In accordance. with Florida. Statute 948, 03(1)(b) you will submit to a reasonable search without a warrant by the .
probation officer.of your-person, residence or vehicle for weapons or firearms, alcoholic beverages, or.controlled
substances. The searches shall include examination of mail received to determine if post office boxes are being
used.and:of computer software.
ADMINISTRATIVE COMPLAINT.
ane a —— _ EXHIBIT
r “sm “3 BeHTOrE * = Sur
DEFENDANT: EDWARD J. GRU_JERG ' -CASENU, JER: 99-34651 CEAES, COUNT I
CONDITION: (16) CONTINUED:
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(0),
monitoring of sex offenders, where available, and shall ‘be se-paid ‘by the sex offender. The results of the polygraph} &
examination shall not be used as evidence in Court ‘to prove that a violation of community supervision hase} fy fn
occurred. . . . . ob o
You, shall maintain a driving log and a are prohibited against driving a motor vehicle alone without the. prior
approval of your supervising officer.
You shall not obtain or use.a post office box without the prior approval of ‘your’ supervising officer..
-If there was sexual contact, you shall submit at: your own expense fo an HIV test with the results to be released to
the victim. and/or the victim’s parentor guardian. .
If deemed - necessary by your probation officer, you will participate in the Electronic Monitoring Program in
accordance ‘with Florida Statute 945.31 as ordered by the Court and recommended by the Florida Department of
Corrections.
id SPECIAL CONDITIONS * *
NOTE: THE FOLLOWING FINANCIAL OBLIGATIONS SHALL BE PAID TO THE DEPARTMENT OF
CORRECTIONS. AND HAVE 4 4% PROCESSING CHARGE ASSESSED AS REQUIRED BY F. 8. 945.31,
UNLESS: OTHERWISE DIRECTED.
a7)
(18)
You shall pay all costs required by the Final Judgment for rst on/ charges in this
case as instructed by your officer.
You may not associate or have contact in any way with the victims: G.P., S.R., or M.S..
This period of probation is to be tolled upon any incarceration for any other offense, and shall remain tolled until
such time as the term of incarceration is completed,
probation, or may extend the period of probation as authorized by Jaw, or may discharge you from ‘further supervision or
‘return you to a program of regular probation supervision; and if you violate any of the conditions and sanctions of your
probation, you may be arrested and the Court-may revoke your probation and impose any sentence which it might have .
You are hereby placed on notice that the Court may at any time rescind or modify any of the conditions of your —
imposed before placing you on probation.
ADMINISTRATIVE COMPLAINT
EXHIBIT #
PAGE ter if
( ~ PAGE 4 OF 5 ps PAGE__jg
-DEFENDANT: EDWARD J, GT sERG CASEN JER: 99-34651 CFAES, COUNT I
It is further ordered that when you have reported to the Probation Officer and have been instructed as to the
conditions of probation you shall be released from custody if you are in custody and if you are at liberty on bond, the
sureties thereon shall stand discharged from liability. . =
At the conclusion of this probation period, whether concluded by expiration of the probation term, revocation of .
probation or termination by the Court, any ‘unpaid Balances of court costs, restitution, attorney fees or Crime
Compensation Trust Fund fees shall be reduced to a civil judgémént against the defendant. :
It is further ordered that the Clerk of this Court file this order in his/her office, record the'same in the Minutes of
the Court, and. forthwith provide certified copies of same to the Probation Officer for use in compliance with the
Tequirements of law.
DONE AND ORDERED IN OPEN COURT, this the 2.0 day of -FEBRUARY , 2001
(nunc pro tunc 02/09/01) Soer
7
Bog
FOR
oo one
Robert W. Rawlins, Judge . So
. . oy oo = MN &
CLERK OF THE COURT IS DIRECTED TO DELIVER CERTIFIED COPY OF THIS ORDER TO: Re 2 oC 2
Booking Desk, Volusia County Jail - Beoky Heuerman, VCSO 2 inet
. “~
. ; Q
acknowledge receipt of a certified copy of this order and that the.conditions have been explained to me, GB
. =
. ,
Date:
_
. Probationer
COPIES TO: ,
Counsel for the State: . hand delivery ea court ;
: . U.S. Mail; interoffice/hand delivery
Counsel for Defendant: hand delivery in open court ;
. i GS. Mail; _-__interoffice/hand delivery
I do certify that a copy hereof has been furnished to counsel for
" the State DO the defendant by the method indicated above, *
this OO ity of vot Seebtuaty” __, 2001,
STATE OF F}
COUR ‘ THEREBY EoOTDA. VOLUSIA COUNTY
ATIF
Of the ouesiae ii ¥ the foregoing is a true-copy.
ie in this office, This
: ? —- aay nf SoS
sane
5 Leo Cir ee Col ty Court
MPBIA 3
Deputy Clerk
ae
Original: Court
; . ; EXHIBIT # .
Copies: Probationer, File FY
Revised 01/2000/FFiris . = PAGE. 3 OOF EXHIBIT__+f
- PAGESOFS | PAGE 5
Docket for Case No: 06-003632PL
| Issue Date |
Proceedings |
|
Oct. 30, 2006 |
Order Closing File. CASE CLOSED.
|
|
Oct. 25, 2006 |
Motion to Relinquish Jurisdiction filed.
|
|
Oct. 02, 2006 |
Order of Pre-hearing Instructions.
|
|
Oct. 02, 2006 |
Notice of Hearing by Video Teleconference (hearing set for November 17, 2006; 9:30 a.m.; Miami and Tallahassee, FL).
|
|
Sep. 28, 2006 |
Joint Response to Initial Order filed.
|
|
Sep. 21, 2006 |
Administrative Complaint filed.
|
|
Sep. 21, 2006 |
Notice of Appearance, Answer and Request for Investigative File (filed by H. Rutecki).
|
|
Sep. 21, 2006 |
Agency referral filed.
|
|
Sep. 21, 2006 |
Initial Order.
|
Source: Florida - Division of Administrative Hearings
