Findings Of Fact The Respondent is licensed by the Florida State Board of Nursing as a Licensed Practical Nurse. On or about January 2, 1979, the Respondent, and Kathie Verlene McDonald, another Licensed Practical Nurse, resided together as roommates in an apartment in the town of Indian Harbor Beach, Florida. They were both at that time employed as Licensed Practical Nurses at the Holmes Regional Medical Center, which is also known as Brevard Hospital. On the evening of January 2, McDonald was the victim of a knife attack by an unknown assailant. McDonald was taken to the hospital accompanied by the Respondent. The police were notified, and Stephen D. Hand, a detective employed by the City of Indian Harbor Beach Police Department conducted the investigation. He came to the Respondent's apartment on the night of January 2. Two other police officers were already at the scene, and the apartment door was open. He observed a towel full of blood on the couch in the living room and one on the floor in the bathroom of the apartment. He entered the bathroom, and found syringes and various pills. There was a trail of blood leading into one bedroom. He followed the trail, and found additional pills in the bedroom, and several small plants which were later identified as cannabis sativa on the window sill. On his way out of that bedroom he observed through the open door of another bedroom several pills on a dresser. He seized all of the pills and the cannabis sativa plants. He also seized from the living room of the apartment a pipe, a smoking device called a "bong", and cigarette rolling papers. Residue of cannabis sativa was later identified in the pipe. At the time he conducted this investigation, Detective Hand was 22 years old and had been employed as a detective for only a few months. He is the only, and the first detective employed by the Indian Harbor Beach Police Department. At no time during the investigation did he obtain a search warrant, despite the fact that he observed drugs which he thought might be illicit, and despite the fact that he had ample opportunity to secure the premises and obtain a search warrant. No criminal charges were ever brought against the Respondent, or against Kathie Verlene McDonald. The drugs which Detective Hand seized were turned over to the Holmes Regional Medical Center. On January 12, 1979, the Director of Nursing at Holmes Regional Medical Center, Sally A. Taylor, confronted the Respondent and Hilton with the drugs that had been seized from their apartment. The Respondent told her that some of the pills had been obtained by prescription, and that some were not prescription drugs. The Respondent admitted that she had taken some Dalmane, a prescription drug which is also a a controlled substance, from the hospital. McDonald testified that she had taken some Surfak, a non-prescription drug which is not a controlled substance from the hospital. Both the Respondent and McDonald admitted to taking some used syringes home from the hospital. The Respondent and McDonald told Miss Taylor that the drugs were taken inadvertently . Taylor testified at the hearing that they did not tell her the drugs were taken inadvertently, and that she felt the Respondent and McDonald admitted to stealing the drugs. The testimony of the witness Taylor is in conflict with testimony that the witness had given earlier at a deposition. The deposition was received in evidence as Hearing Officer Exhibit 1. The testimony is also contrary to the testimony of Virginia Bixby, the Assistant Director of Nursing at Holmes Regional Medical Center, who was present during the interview. The testimony of the witness Taylor that the Respondent and McDonald admitted to taking the drugs home other than through a mistake is not creditable. There is no competent evidence in the record in this case from which it could be concluded that any drugs were taken from the hospital other than inadvertently. The testimony in this matter does not reveal which of the seized drugs were taken from the bathroom, and which were seized from which of the two bedrooms. Neither does the testimony reveal which of the Respondents used which bedroom. Detective Hand testified that he recalled either McDonald or Hilton telling him at a later date that the bedroom where the cannabis sativa was found was McDonald's bedroom. His memory in this regard was, however, quite blurred, and is not worthy of reliance. There is no competent evidence in this matter from which it could be concluded that the Respondent was in possession of any particular combination of the pills and drugs seized from her apartment, or that McDonald was in possession of any of them. Indeed, it was not established whether other persons than the Respondent and McDonald occupied the apartment.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby RECOMMENDED: That a final order be entered dismissing the complaint filed against the Respondent, Linda Sue Hilton. RECOMMENDED this 1st day of June, 1979, in Tallahassee, Florida. G. STEVEN PFEIFFER Hearing Officer Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Jerrold A. Bross, Esquire Geraldine B. Johnson MITCHELL, LITUS, BROSS & HENDERSON Investigation & Licensing 2323 S. Washington Avenue Coordinator Suite 117 Board of Nursing Titusville, Florida 32780 111 East Coastline Drive Jacksonville, Florida 32202 Julius Finegold, Esquire 1107 Blackstone Building Jacksonville, Florida 32201 ================================================================= AGENCY FINAL ORDER ================================================================= BEFORE THE FLORIDA STATE BOARD OF NURSING IN THE MATTER OF: Linda Sue Hilton 201 Harbour City Parkway Apt. 331F CASE NO. 79-351 Indian Harbor Beach, Florida 32937 As a Licensed Practical Nurse License Number 0468911 /
The Issue At issue in this proceeding is whether Respondent committed the offense set forth in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, Department of Business and Professional Regulation, Division of Real Estate (Department), is a state government licensing and regulatory agency charged, inter alia, with the responsibility and duty to prosecute administrative complaints pursuant to the laws of the State of Florida, including Chapters 455 and 475, Florida Statutes. Respondent, Noel Anthony Brown, is a licensed real estate salesperson in the State of Florida, having been issued license number 0642242. On July 23, 1996, Respondent filed an application (dated July 19, 1996) with the Department for licensure as a real estate salesperson. Pertinent to this case, item 9 on the application required that Respondent answer "Yes" or "No" to the following question: 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 any 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 another state, you are responsible for verifying the expungement or sealing prior to answering "NO." If you answered "Yes," attach the details including dates and outcome, including any 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 fully understand this question, consult with an attorney or the Division of Real Estate. Respondent responded to the question by checking the box marked "No." The application concluded with an "Affidavit of Applicant," which was acknowledged before a Notary Public of the State of Florida, as follows: 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 so 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 records 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. (Emphasis added.) On September 30, 1996, Respondent passed the salesperson examination and he was issued license number 0642242 as an inactive salesperson. From November 12, 1996, through the date of the hearing, Respondent has been an active salesperson associated with Premiere Homes Realty, Inc., a broker corporation located at 5737 Pembroke Road, Hollywood, Florida. By letter of March 16, 1998, the Department requested an explanation from the Respondent regarding certain information it had received from the Florida Department of Law Enforcement regarding Respondent's criminal record. That letter provided, in pertinent part, as follows: The Florida Department of Law Enforcement has returned information to this office that an arrest was made on January 3, 1992 by the Metro-Dade Police Department for Marijuana- Possess-MISD[EMEANOR]. To clear any ambiguity regarding your "No" response to the relevant application question, we request additional information. If charges were Dismissed or Nolle Prossed, please forward a copy of the dismissal or a notarized statement so that we may clear your records. If the charge(s) resulted in a conviction(s), or adjudication withheld, you will need to forward a copy of the Information, Plea and Sentencing to this office along with a statement or explanation regarding your failure to disclose this information on your application form. By letter of May 5, 1998, Respondent responded to the Department's inquiry, as follows: Please correct the answer to question nine (9) on my application to "Yes". A copy of the printed docket case action summary is enclosed as indicated. I did not in anyway write "NO" to hide the information. I was not familiar with the terms used in the Criminal Justice System and was confused when I was told that I was not found guilty. This was an honest mistake and I do apologize. As for the disposition of the charge, the case summary (Petitioner's Exhibit 1) reveals that Respondent was charged with unlawful possession of cannabis (marijuana), a misdemeanor.1 According to the summary, Respondent apparently entered a plea (although whether the plea was guilty, not guilty, or nolo contendre is not of record) on or about April 13, 1992, and the court apparently found Respondent guilty of the charge since it "withheld ADJUDICATION WITH FINE AND COSTS." Thereafter, on August 19, 1998, the Department filed the Administrative Complaint at issue in this proceeding which, based on Respondent's failure to disclose the aforesaid criminal disposition, charged that "Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of [Section] 475.25(1)(m), Fla. Stat." and sought to take disciplinary action against his license. According to the complaint, the disciplinary action sought . . . may range from a reprimand; an administrative fine not to exceed $5,000.00 per violation; probation; suspension of license, registration or permit for a period not to exceed ten (10) years; revocation of the license, registration or permit; and any one or all of the above penalties. 2 Consistent with the explanation he offered the Department in his letter of May 5, 1998, Respondent explained, at hearing, that his response to item 9 on the application was, at the time, an accurate reflection of his understanding of the disposition of the charge. According to Respondent, who was not represented in the criminal matter, he simply followed the instructions of the court personnel, since he was unfamiliar with court procedure, and, after having complied with those instructions, it was his understanding that the matter was dismissed. Here, Respondent's explanation for his failure to disclose the marijuana possession charge on his application is credited, and it is resolved that, at the time he submitted his application, Respondent did not intend to mislead or deceive those who would be reviewing his application. In so concluding, it is observed that Respondent's testimony was candid and his understanding of the disposition of the matter was, given the alien nature of the experience, reasonable.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be rendered dismissing the Administrative Complaint. DONE AND ENTERED this 5th day of January, 1999, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of January, 1999.
Findings Of Fact Notice of this proceeding was provided Compton by registered mail return receipt requested at the last address provided the Florida Real Estate Commission by Compton and also at the forwarding address obtained by the Florida Real Estate Commission. Compton was arrested for failure to appear in court to answer a traffic citation, in the City of Hollywood, Florida. Compton was also arrested for possession of cannabis and found to be not guilty in the City Court of Pompano Beach. Compton was also named in an information charging him with burglary in California. He was placed on 5 years probation and proceedings were suspended by the Superior Court, Los Angelos County, California. These records were provided the Florida Real Estate Commission from the clerks of the courts named above. Investigator Freeman testified that because of Compton's vigorous denials, a second check of Compton's arrest records based upon fingerprint identification was made by the Federal Bureau of Investigation, which confirmed by fingerprint comparison that the records of arrests were those of the individual who applied for registration to the Florida Real Estate Commission as Ray F. Compton. Ray F. Compton concealed on his application for registration the fact that he had been arrested in Florida for failure to appear in Court, possession of cannabis and in California for burglary.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the registration of Ray F. Compton be revoked. DONE and ORDERED this 2nd day of December, 1977, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Bruce I. Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Ray F. Compton 9134 Boyer Lane Mentor, Ohio 44060
The Issue The issue posed for decision herein is whether or not the Respondent's license to practice real estate should be revoked based on conduct set forth hereinafter.
Findings Of Fact Based upon the testimony adduced at the hearing and the witnesses' demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found. Based on its Administrative Complaint filed herein dated July 28, 1981, the Florida Real Estate Commission (Petitioner) seeks to revoke Respondent's license to practice real estate based on his having been found guilty of a crime involving moral turpitude and fraudulent or dishonest dealing, in violation of Subsection 475.25(1)(f), Florida Statutes (1979), and his (Respondent) having been confined to a state or federal prison, in violation of Subsection 475.25(1)(m), Florida Statutes (1979). The Respondent, Joel L. Steiner, is a registered real estate salesman and has been issued License No. 0150824 by the Petitioner. The Administrative Complaint filed herein alleges that during the period June 1, 1976, and continuing through March 23, 1977, Respondent, for the purpose of executing a scheme and artifice to defraud the public, caused mails and other matters to be sent from the New York office of Crown Colony in New York, New York 1/ , to be placed in post offices and authorized depositories for mail matter to be delivered by mail by the United States Postal Service. As a result of those actions, Respondent was indicted by the United States District Court for the Southern District of New York and charged with a violation of Title XVIII, United States Code, Sections 1341 and 1342, to wit, the use of the mails in a scheme to defraud. Following a trial, Respondent, on January 28, 1981, was found guilty as charged of the offense of the use of the mails in a scheme to defraud and was committed for imprisonment for a period of eighteen (18) months and ordered to pay a fine to the United States in the amount of $12,000.00. (Petitioner's Exhibits 2 and 3 and testimony of Postal Inspector John Muhelberg.) Respondent appeared through counsel; however, no evidence was offered by Respondent in defense of the charges after Petitioner's case in chief.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Respondent's License No. 0150824 to practice real estate as a salesman be REVOKED. RECOMMENDED this 18th day of August, 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 18th day of August, 1982.
Findings Of Fact Based on my observation of the witnesses and their demeanor while testifying, the arguments of counsel and the exhibits received into evidence, I make the following: The Defendant is a real estate salesman registered with the Commission and currently holds registration certificate number 0151729 (non-active). Defendant applied for registration as a real estate salesman by execution of a sworn application with the Commission on March 4, 1975 and was issued an initial registration certificate as such effective September 29, 1975. In response to the question as to whether or not she had ever been arrested for the commission of any offense against the laws of this state, she responded that "in 26years of living, I could honestly say I had (sic) never been arrested, either justly or unjustly." (See Commission's Exhibit #1). Exhibits introduced and received during the course of the hearing clearly reveal that the Defendant was arrested on January 21, 1975 and charged with engaging in the unlawful practice of massage for a fee or gratuity without a certificate or registration in violation of Section 480.02(1), Florida Statutes; and for the unlawful receipt of a fee for touching or offering to touch the sexual parts of another for the purpose of arousing or gratifying sexual desire. Officer White, a police officer for Broward County was called and credibly testified that the Defendant, Sharon Lee (Blackburn) Jarvis is the same Sharon Lee Blackburn that was arrested on January 21, 1975, and stated that the charges were nolle prosequi because of the Defendant's cooperation with the police on other related charges. Michael H. White, a police officer with the City of Ft. Lauderdale, was called and testified that he arrested the Defendant on June 13, 1975 and charged her (Defendant) for the offense of "indecent assault upon a child". On June 2, 1976 the Defendant entered a plea of nolo contendre to the above offense and was placed on probation for a period of six years. (See Commission's Composite Exhibit #5) Although Defendant complained that she was not served with copies of the administrative complaint and notice of hearing, evidence reveals that such was mailed to her at her last known address. It was noted that the complaint and notice of hearing which was mailed by the Commission was returned as "undeliverable". These documents were mailed to Defendant at her last known address. A registrant is required to immediately notify the Commission of address changes. (Chapter 475.23, Florida Statutes, and Rule 21V-9.01, F.A.C.) This the Defendant failed to do. As an aside, evidence reveals that Defendant received a copy of the notice of hearing sent by the undersigned. Accordingly, Defendant lacks standing to now complain that she did not receive notice of the proceedings herein. Based on the foregoing findings of fact, I make the following:
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby, RECOMMENDED: 1. That the Defendant's registration with the Florida Real Estate Commission as a real estate salesman be revoked. RECOMMENDED this 9th day of June, 1977, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675
Findings Of Fact Petitioner submitted an application to Respondent for licensure as a real estate salesman on or about March 3, 1988. By letter dated May 27, 1988, Petitioner was notified by counsel for Respondent that Petitioner's application for licensure was denied. The basis for denial, according to the letter, was Petitioner's criminal record as set forth in the application. Petitioner's criminal record, the letter continued, constituted a basis for denial in accordance with section 475.17(1), Florida Statutes, requiring that an applicant possess good character; and section 475.25, Florida Statutes, authorizing licensure denial to an applicant found guilty of an offense involving moral turpitude. By letter dated June 14, 1988, Respondent's counsel detailed specific offenses that were committed by Petitioner as the basis for application denial. Those offenses were: Conviction of the offense of indecent exposure in Orange County, Florida in 1976. Petitioner was placed on probation for one year and fined $150 for this offense. Commission of the offense of an unlawful blood alcohol level while operating a motor vehicle in 1978. Petitioner paid a fine of $500. Conviction of distribution of obscene works to a minor in Baldwin County, Alabama in 1986. Petitioner was sentenced to a two year term of probation and assessed a fine of $500. Petitioner confirmed his conviction for indecent exposure in October, 1976. He related he urinated between two gasoline pumps at a service station around 2:30 a.m. in the morning. He was observed by law enforcement personnel and arrested. Petitioner's testimony establishes he provided various magazines published in three states to the 16 year old son of a church minister. Upon discovering the magazines, the minister successfully sought the prosecution of Petitioner. According to Petitioner, the magazines he provided the youth are deemed obscene in the state of Alabama. Distribution of such publications to minors is illegal in that state. Further, the magazines were obtained by Petitioner through the U.S. Mail and not through retail outlets. At hearing, Petitioner also acknowledged his conviction of the offense of driving with an unlawful blood alcohol level in 1978. Petitioner testified he requested a formal hearing because he knew his employment record of short term employment in various states over the past few years coupled with his criminal record made him look like a "flake" and he desired to dispel such an impression. Beyond his own testimony acknowledging and explaining his criminal record, Petitioner presented no testimony regarding his character or rehabilitative efforts undertaken by him.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entering denying Petitioner's application for licensure. DONE AND ENTERED this 16th day of August, 1988, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 16th day of August, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-3009 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. PETITIONER'S PROPOSED FINDINGS Petitioner presented a letter subsequent to hearing which acknowledged his poor judgement and ignorance of the law with regard to the offense of distribution of obscene literature to a minor. In his letter, Petitioner discounted his earlier offenses due to the fact the incidents were over 12 years old. Any findings which could have been based on Petitioner's statements in this letter are rejected as unnecessary to the conclusion reached. RESPONDENT'S PROPOSED FINDINGS Included in finding 1. Included in finding 2. Included in finding 3. Included in finding 3. Included in finding 4. Included in finding 5. Included in finding 8. COPIES FURNISHED: Robert A. Gaik William O'Neil, Esquire 4839 Sea Oats Circle General Counsel Apartment 106 Department of Professional West Palm Beach, Florida 33417 Regulation 130 North Monroe street Lawrence Gendzier, Esquire Tallahassee, Florida 32399-0750 400 West Robinson Street Room 212 Darlene F. Keller Orlando, Florida 32801 Acting Director Division of Real Estate Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802
The Issue Is Petitioner qualified for practice as a real estate sales associate, when considering his criminal history record in its substance and point in time?
Findings Of Fact Petitioner was born on September 18, 1975. Petitioner applied to the Commission to become an associate. The application was received August 5, 2005. Petitioner made application to become an associate on the form provided by DBPR. In response to a question about his background, Petitioner revealed information concerning crimes he was accused of committing. On May 27, 1994, Petitioner was arrested by the Panama City Beach, Florida, Police Department and charged with marijuana possession over 20 grams, marijuana possession with intent to deliver, and marijuana sale or purchase, all under authority set forth in Section 893.13, Florida Statutes. The original marijuana case involved arresting charges for felonies. This case was assigned upon charges in the Fourteenth Judicial Circuit, Case No. 9401076CFA. On September 18, 1995, the case was disposed of when it was dropped/abandoned. On October 28, 1996, Petitioner was arrested by the Seminole County Sheriff's Office in Seminole County, Florida, on three counts of fraud related to checks written upon insufficient funds. One check from May 30, 1996, was for $40.00 to Bayou George Rainbow, two additional checks in the amount of $75.50 each from the date June 7, 1996, were written to Publix. When Petitioner was charged there were three counts, a single count for each check. This case originated in Bay County, Florida. On November 8, 1996, the Petitioner pled guilty to Count I within the charges. He pled nolo contendere to Counts II, III, and IV within the charges. He was assessed $149.00 in relation to Count I. The fourth count within the charges is of unknown origins, when considering the proof at hearing. Adjudication was withheld in relation to all counts. This disposition was made in Case No. 96004585MMMW. On May 14, 1997, Petitioner was arrested by the Pensacola Police Department for possession of marijuana, in an amount under 20 grams, pursuant to Section 893.13, Florida Statutes. This case was brought before the Escambia County Court, Case No. 9720966MMA. On June 4, 1997, Petitioner pled nolo contendere to a first degree misdemeanor pertaining to the marijuana possession. The adjudication was withheld. Petitioner was placed on probation for six months and required to pay $160.00 in court costs. On April 24, 1998, Petitioner was arrested by the Panama City Police Department for marijuana possession with intent to distribute, a felony under Section 893.13, Florida Statutes. He was also arrested for narcotic equipment possession under Section 893.147, Florida Statutes, a misdemeanor. He was charged before the Circuit Court of the Fourteenth Judicial Circuit, in Case No. 9800991CFA. On December 15, 1998, Petition pled nolo contendere to possession of a controlled substance and adjudication was withheld. He pled to what has been described in the proof as controlled substance possession, sell etc., a felony. He received four years' probation. Petitioner also pled nolo contendere to the narcotic equipment possession or the possession of paraphernalia on the same date, for which he was found guilty/convicted, with terms of probation for one year to run concurrent with the probation associated with the other offense. In relation to the present case, where Petitioner pled to offenses involving marijuana, information provided indicated that he was called upon to abide by any court restrictions placed on him. On November 26, 2002, Petitioner was arrested by the Walton County Sheriff's Office under Section 784.03, Florida Statutes, for battery, cause(d) by bodily harm associated with domestic violence, a first degree misdemeanor. He was charged in the County Court of the First Judicial Circuit, in and for Walton County, Florida, in Case No. 021299MM. On March 24, 2003, Petitioner pled no contest to simple battery. Adjudication was withheld and he was required to pay $301.00 in costs and to attend and complete an anger management course and have no violent contact with the victim. On January 17, 2006, the Commission entered a Notice of Intent to Deny Petitioner a license to become an associate based upon the criminal violations that have been described. The Notice of Intent established specific reasons for the denial that will be discussed in the Conclusions of Law. To place the criminal offenses in context Petitioner, his mother, step-father and a family friend testified about Petitioner's life. Petitioner began to have problems with his conduct when his parents had their marriage dissolved. Around that time Petitioner was in the transition between late adolescence and his teenage years. Eventually his mother remarried and the two families combined. That arrangement was difficult because of conflict between Petitioner and a step-brother. Petitioner concedes the problems that he had with marijuana. When Petitioner was charged with 20 grams of marijuana on one occasion, he admits to having seven grams on his person. In addressing the problem he participated in separate court-ordered drug programs which he completed. His drug abuse entered into the decision to write checks for insufficient funds. Concerning the incident involving the charge of domestic battery, which was resolved by a no contest plea to simple battery, Petitioner without contradiction, testified that this situation came about on the basis of an argument with his girlfriend, a verbal exchange not involving physical contact. The situation that led to his arrest for domestic misconduct took place when Petitioner and his girlfriend had an argument at the beach. He was arrested the next day. Petitioner attended the anger management course that he was ordered to attend. Petitioner indicated that there were no further confrontations with the girlfriend. Petitioner satisfactorily complied with the terms of his probation in each criminal case. Petitioner reports that he has been drug-free since 1998. Jimmy Ruthven, Petitioner's stepfather, described the family issues and conflict in the beginning of the relationship between the witness, Petitioner and their respective families. Mr. Ruthven has been the step-father for 15 years. He describes Petitioner in more recent times, as doing better, as being stable without problems. Brenda Ruthven, Petitioner's mother, identified the divorce from her former husband as the beginning point for Petitioner's problems. In this period Petitioner was rebellious, used drugs, had undergone counseling and so forth. During the last four or five years she has seen a turnaround in Petitioner's conduct. Over the last four years Petitioner has been more responsible. Renee R. Willoughby, a family friend who has been familiar with Petitioner over time, has noticed in the last six or seven years that Petitioner has improved in his conduct and has shown himself to be a person of intelligence and integrity. Petitioner attends Florida State University. He is a Dean's list student in Business Administration and Marketing. He served on the Student Council and the Campus Improvement Board at the Panama City, Florida, campus of the university. He expects to graduate in December 2006. Petitioner has worked at Criolla's Restaurant at Santa Rosa Beach, Florida, since February 2002, as a server and bar tender.
Recommendation Upon the consideration of the facts found and the conclusions of law reached, it is RECOMMENDED: That a final order be entered denying Petitioner a license as an associate. DONE AND ENTERED this 14th day of July, 2006, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of July, 2006. COPIES FURNISHED: James D. Veal 209 South Cove Lane Panama City, Florida 32401 Thomas Barnhart, Esquire Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399 Nancy B. Hogan, Chairman Florida Real Estate Commission Department of Business and Professional Regulation 400 West Robinson Street, Suite 801N Orlando, Florida 32801 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Respondent, Hillard J. Meinstein, is the holder of real estate salesman license number 0174789 issued by petitioner, Department of Professional Regulation, Florida Real Estate Commission. The license was issued on September 1, 1981 and remains current as of this date. On or about March 16, 1982 the circuit court for Hillsborough County, Florida entered an order accepting a plea of nolo contendere from one Hillard J. Meinstein for the offense of conspiracy to traffic in cocaine. Adjudication of guilt was withheld and Meinstein was placed on probation for 15 years and required to pay a $10,000 fine to the Hillsborough Country Sheriff's Office within one year after date of sentence. A certified copy of the order has been received in evidence as petitioner's exhibit 3. It was not disclosed whether the respondent and the defendant in the above case were the same individuals. On April 30, 1982 the supervisor for application certification of the then Board of Real Estate wrote the sheriff of Hillsborough County and requested him to search his records to determine if a Hillard Jeffrey Meinstein had been arrested by his agency for various charges including conspiracy to traffic in cocaine. The letter also indicated that Hillard Jeffrey Meinstein was an applicant for licensure as a real estate salesman. The response of the sheriff, if any, was not disclosed.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the administrative complaint be DISMISSED with prejudice. DONE and ENTERED this 31st day of January, 1984, 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 31st day of January, 1984. COPIES FURNISHED: Gary Lee Printy, Esquire P. O. Box 1900 Orlando, Florida 32802 Richard J. R. Parkinson, Esquire 602 East Central Avenue Orlando, Florida 32801
Findings Of Fact The parties stipulated that Richard E. Ebner was registered as a real estate salesman on March 8, 1974 and has been so registered since that date having been issued license No. 0126254, that said license was applied for by Ebner, who prepared the application, which was jointly stipulated to be received into evidence as Exhibit 1. The parties further stipulated to the fact that Exhibit 1 contains question 9, as set forth in the Administrative Complaint in paragraph 2, and question 19, as set forth in the Administrative Complaint in paragraph 6, and that Ebner had answered question 9, "Yes. . . Midsdemeanor - Marijuana possession 1971," and question 19, "No." The parties further stipulated to the admission into evidence of Exhibit 2, Court Records of Arrest dated September 25, 1970; Exhibit 3, Court Records of Information dated September 29, 1970; and Exhibit 6, Court Records, Order of Incompetency. It was stipulated that an Order of Nolle Prosequi had been entered regarding the charges upon which the arrest, Exhibit 3, were based. The Commission offered Exhibit 4, a letter of Sheriff Collier dated January 12, 1974; and Exhibit 5, a judgment in Case No. 676 dated August 17, 1971, which were received into evidence. Thereafter on the basis of the stipulation and admission of Exhibits 5 and 6, the Commission rested its case. The Respondent then moved for dismissal of the charges because the charges were insufficient because the Commission failed to show if these matters had been disclosed the license would have been denied. The Hearing Officer denied the motion. The Respondent called his father and mother to testify. Richard Ebner had had in 1970 a drug problem and had been addicted to heroin. His parents searched the state for a hospital to treat their son. Having found a hospital, they went to the County Judge and explained their fears that their son might not stay in the hospital. Without a hearing, the Judge entered the Order of Incompetency, Exhibit 6. Thereafter, their son had gone to the hospital and remained there voluntarily. They both testified that their son, Richard Ebner, had no knowledge of the Judge's Order, and that they themselves were unaware of the nature of the order beyond the fact that they had been told it was sufficient to require their son to remain in the hospital if he tried to leave. The Board subsequently presented rebuttal testimony on the issue of incompetency that Richard Ebner's counsel had interposed an insanity plea to the 1971 arrest based upon the Order of Incompetency, see Exhibit 9. The Court refused this defense. Richard Ebner testified that he had known about the insanity defense his attorney had presented to his 1971 arrest, but that he had had no knowledge in 1971 that he had been declared incompetent by any Court or when he filled out the application. The Commission's investigator indicated that the Court's record indicated only the Order of Incompetency and no further pleadings. The Hearing Officer finds that Richard Ebner had no knowledge of the Order, Exhibit 6, adjudging him incompetent. Regarding question 9, the Commission's Exhibits 2 and 3 revealed that Ebner had been arrested in 1970 for obtaining or attempting to obtain a barbiturate or central nervous system stimulant by fraud, misrepresentation, deceit or subterfuge, or by forgery or alteration of a prescription, and uttering any false or forged prescription. As stated above, it was stipulated that these charges were dropped. The Commission's Exhibits 4 and 5 reveal that Ebner was arrested on March 30, 1971 for (1) possession if marijuana and (2) possession of marijuana paraphernalia. The charge relating to possession of paraphernalia was dropped, and Ebner was tried on possession of marijuana on June 28, 1971, found guilty and sentenced to six (6) months in the county jail. He served his sentence and was released January 12, 1972. Regarding the offense, the Respondent, Ebner, had stated on his application in response to question 9, "Misdemeanor - Marijuana possession in 1971." Richard Ebner is currently working for his father and brother in their family business and actively engaged in underwater salvage and repair as a hard hat (deep sea) diver. He works as long as 3 - 10 hours under water, and has performed such responsible work as maintenance of underwater cameras at a nuclear power plant. He testified that he no longer uses narcotic drugs and that to do so would jeopardize his life in his occupation as a diver. The Respondent appeared relaxed and confident on the witness stand and answered questions put to him by the attorneys and Hearing Officer forthrightly and without hesitation. He admitted his addiction to drugs, stated that he had overcome this, that he had not tried to conceal his 1970 arrest but thought that because the charges had been dropped by this state that there was no need to report it. He similarly stated that he had responded to question 9 regarding the 1971 arrest, conviction and sentencing.
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
