The Issue The issue in this matter is whether the Petitioner's application for licensure as a real estate salesman should be denied. The Respondent submitted posthearing findings of fact, which were read and considered. Those findings not incorporated herein are found to be either subordinate, cumulative, immaterial, unnecessary, or not supported by the evidence.
Findings Of Fact On April 8, 1981, the Petitioner, Michael R. Farmar, applied for licensure with the Respondent, Department of Professional Regulation, Florida Real Estate Commission, as a real estate salesman. To Question number six on his application, "Have you ever been arrested for, or charged with, the commission of an offense against the laws of any municipality, state or nation, including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled?" the Petitioner answered affirmatively and included an attachment indicating arrests in Tallahassee, Florida, and Rockford, Illinois, and an arrest for possession of marijuana. (See Petitioner's Exhibit 1.) In June 1981, the Petitioner's application was denied based on his affirmative answer to Question number six and his criminal record. On February 7, 1983, the Petitioner filed another application for licensure as a real estate salesman. On this second application, he answered question number six affirmatively and listed "possession of marijuna [sic] - served 1 year in state prison." (See Joint Exhibit 1.) The Petitioner attached a letter to this application which, together with his testimony, indicates that the Petitioner viewed this application as an update of the original application. In March 1983, Petitioner's second application was denied based on his affirmative answer to Question number six and his criminal record. (See Respondent's Exhibit l.) In 1965, the Petitioner was arrested in Rockford, Illinois, and charged with various misdemeanors. The Petitioner pled guilty to these unspecified charges and was sentenced to pay a fine of $400. Unable to pay the fine, the Petitioner spent 23 days in the county jail. (Tr. 19-22.) On or about December 17, 1970, in Fayetteville, North Carolina, the Petitioner was arrested and charged with assault on a female (his wife). This charge was later dropped. (Tr. 29.) On January 31, 1975, the Petitioner was arrested in Tallahassee, Florida, and charged with carrying a concealed weapon, obstructing or opposing a police officer, and two counts of assault. The Petitioner pled guilty to the felony of carrying a concealed weapon and to one count of simple assault and was placed on probation for three years. (Respondent's Exhibit 3, Tr. 22-26.) On March 6, 1979, the Petitioner was arrested in Palm Beach County, Florida, for felony possession of marijuana in excess of 100 pounds with intent to deliver. The Petitioner pled nolo contendere to the charge, was adjudged guilty, and was sentenced to five years in Florida State prison. The Petitioner was paroled from prison on January 11, 1983, and remains on parole at this time. (Tr. 13, 26-28) No evidence was presented that the Petitioner has ever pled guilty to or been convicted of obstructing a police officer or falsifying identification. Timothy P. Foster, the Petitioner's parole officer, testified that the Petitioner has been no problem while on parole. Petitioner's wife is a real estate broker and has started her own business. The Petitioner wants to work as a salesman in this business. He has helped his wife set up her office and repairs property at times; however, he has a 100 percent service-connected disability and is not regularly employed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the application by the Petitioner, Michael R. Farmar, for licensure as a real estate salesman be denied. DONE and RECOMMENDED this 7th day of October, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 7th day of October, 1983. COPIES FURNISHED: Mr. Michael R. Farmar 6042 Perthshire Lane, SW Fort Myers, Florida 33908 Randy Schwartz, Esquire Department of Legal Affairs 400 West Robinson Street Suite 212 Orlando, Florida 32801 Lawrence Gendzier, Esquire Department of Legal Affairs 400 West Robinson Street, Suite 212 Orlando, Florida 32801 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Harold Huff, Executive Director Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, 1 hereby recommend: 1. That the Defendant, James Rosati, Jr., license to practice as a registered real estate broker be suspended for a period of one year. Recommended this 8th day of February, 1978, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Charles E. Felix, Esquire Florida Real Estate Commission 400 West Robinson Avenue Orlando, Florida 32801 James Rosati, Jr. 109 Harbor View Lane Largo, Florida 33540
The Issue The issues in this cause are those promoted by the administrative complaint brought by the Petitioner against Respondent alleging a violation of Section 475.25(1)(f), Florida Statutes, through the entry of a plea of nolo contendere to a charge of vehicular homicide, a felony, as described in Section 782.071, Florida Statutes.
Findings Of Fact Petitioner, as a governmental agency in the State of Florida, licenses and regulates those persons who are engaged in real estate sales within Florida. The authority for this regulatory function may be found in Section 20.30, Florida Statutes, and Chapters 120, 455 and 475, Florida Statutes, and associated rules. Respondent has held a real estate salesman's license issued by the Petitioner during all relevant periods. On September 13, 1986, that license held by the Respondent was inactive. On October 13, 1986, Respondent activated his real estate salesman's license and it remained active at the point of final hearing. In October 1986, Respondent placed his real estate sales license with a real estate broker in Gainesville, Florida, Richard Fort Rogers. Richard Fort Rogers is the father of the Respondent. Respondent continues in his affiliation with his father's real estate brokerage operation. On September 13, 1987, Respondent was involved in an automobile accident in Gainesville, Alachua County, Florida. He was operating the motor vehicle in question and through that operation caused the death of Harold E. Thompson. Out of these circumstances, Respondent entered a plea of nolo contendere to the offense of vehicular homicide. Section 782.071, Florida Statutes. This disposition is set forth in Petitioner's composite exhibit 2 admitted into evidence. The plea was by negotiation in the case The State of Florida vs. Richard Fort Rogers in the Circuit Court, for the 8th Judicial Circuit of Florida, Alachua County, Court, #86-3203-CF-A. The amended information to which the Petitioner pled dates from December 10, 1986. The negotiated plea was entered on February 2, 1987. On that same date the Court entered an order accepting the plea. For this offense, adjudication of guilt was withheld, the Respondent was given three years' probation, required to pay court costs and was screened for alcohol counseling. Following the disposition of his case, by correspondence of February 13, 1987, as received by the Florida Real Estate Commission on February 17, 1987, Respondent advised the Commission of his plea of nolo contendere to the charge of vehicular homicide.
Findings Of Fact The Defendant, Theodore Michael Lakos, was at all material times, registered with the Florida Real Estate Commission as a real estate salesman. On or about April 20, 1976, a Second Amended Information was filed by the State Attorney for the First Judicial Circuit of Florida against Theodore Michael Lakos, and others in the Circuit Court of Escambia County, Florida. A copy of the Second Amended Information was received in evidence at the hearing as Plaintiff's Exhibit 2. On or about August 25, 1976, Theodore Michael Lakos withdrew his previous plea of not guilty of the charges, and entered a plea of nolo contendere to Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Amended Information. On or about November 9, 1976, Theodore Michael Lakos was adjudicated guilty of the charges alleged in Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Admended Information. Sentencing was stayed for a period of ten years, during which time the Defendant will be on probation under the supervision of the Florida Parole Commission. A copy of the Judgment and Sentence was received in evidence at the hearing as Plaintiff's Exhibit 4. In accordance with the Defendant's plea of nolo contendere, and the court's judgment, it is found that the Defendant, Theodore Michael Lakos, did knowingly, unlawfully and feloniously agree, conspire and confederate with others to commit the felony of breaking and entering, in violation of Sections 833.04 and 810.01, Florida Statutes, as charged in Count 1 of the Second Amended Information. It is found that the Defendant, between March 1, 1975, and up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny, in violation of Sections 833.04 and 811.021, Florida Statutes, as charged in Count 2 of the Second Amended Information. It is found that the Defendant between, on or about March 1, 1975, ad up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired and confederated with others to commit the felony of first degree larceny, in violation of Sections 833.04 and 806.01, Florida Statutes, as charged in Count 3 of the Second Amended Information. It is found that the Defendant, between on or about March 29, 1975, and up to and including on or about April 18, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny in violation of Section 833.04, and 811.021, Florida Statutes, as charged in Count 4 of the Second Amended Information. It is found that the Defendant, on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: breaking and entering, in that he aided, abetted, counselled, or otherwise procured others to unlawfully break and enter a dwelling house with intent to commit a felony, to wit: grand larceny in violation of Sections 776.011 and 810.01, Florida Statutes, as charged in Count 6 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled or otherwise procured as a principal in the first degree, the commission of a felony, to wit: grand larceny, in that he aided abetted, counselled, or otherwise procured others to unlawfully take, steal, and carry away certain property of the aggregate value of more than one hundred dollars, in violation of Sections 776.011 and 811.021, Florida Statutes, as charged in Count 8 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: first degree arson, in that he aided, abetted, counselled, or otherwise procured another to willfully and maliciously set fire to a dwelling house in violation of Sections 776.011 and 806.01, Florida Statutes, as charged in Count 10 of the Second Amended Information.
Findings Of Fact The Respondent, at all times material to this matter, has been registered with the Florida Real Estate Commission as a real estate salesman. On or about April 3, 1978, the United States District Court for the Middle District of Florida, Jacksonville Division, entered a judgment and commitment order which adjudicated the Respondent guilty of the offense of shoplifting on a military reservation in violation of Section 812.022, Florida Statutes. The Respondent pled guilty to the offense, and the adjudication was based upon her plea. A short sentence was imposed, the execution of which was suspended; a fine was imposed; and she was placed on supervised probation for a period of two years, with several special conditions of probation. The Respondent was directed to undergo psychiatric or psychological care and counselling. The Respondent is being supervised in her probation by Larry Burris, a Federal Probation Officer. Officer Burris testified on her behalf at the hearing. The Respondent had never been in any serious trouble prior to the incidents giving rise to the shoplifting charges, and she has been cooperative during the period of her probation. The expiration date of her probation is April, 1980, but it is possible that she will be released from probation before that date. The Respondent has undergone psychiatric care and treatment during her probation. Reports from her physician indicate that she has confronted serious emotional difficulties that she had, that her condition has improved, and that she will soon be released from psychiatric care. The Respondent is not presently working as a real estate salesman.
The Issue Whether Dorothy M. Azar answered Question 6 on her application incorrectly with the intent to obtain her license by fraud, misrepresentation or concealment.
Findings Of Fact Dorothy M. Azar is a registered real estate saleswoman holding License No. 0164341 issued by the Florida Real Estate Commission. Azar applied for licensure initially on June 7, 1976. See Exhibit 1, pages 1 and 2. Azar subsequently reapplied on August 24, 1976. This application was stamped received by the Florida Real Estate Commission on August 27, 1976. Azar was arrested on June 9, 1976 pursuant to the Information filed by Robert Eagan, State Attorney, Ninth Judicial Circuit, State of Florida, which charged Azar with a violation of Florida Statute 812.021 and alleged that she took, sold or carried away property; to wit: clothing, the property of Robert Kleinmann as custodian and of a value of more than One Hundred Dollars ($100.00) with the intent to permanently deprive Kleinmann of the clothing. This criminal information was received as Exhibit 2. When Azar completed her second application on August 25, 1976, no action had been taken on the criminal charges pending against her. On or about this date, according to her testimony, she went from Lehigh Acres, Florida, to the Florida Real Estate Commission Offices in Winter Park, Florida, to review the examination which she had taken and failed in July. While there, she filled out her second application, pages 3 and 4 of Exhibit 1. According to her testimony, Azar was very rushed because her review appointment was for only one hour and she had arrived late. She stated that prior to her review she was given an application to fill out and that she did not even read the questions but copied her answers from her first application. She further testified that she had at first copied her old address in Orlando on the second application, correcting it to her new address in Lehigh Acres in the margin of the application. See page 3, Exhibit 1. On September 8, 1976, the Florida Real Estate Commission made a check of any arrests of Azar as indicated by the annotation on the second application under Question 6. On November 30, 1976, Azar entered a plea of no contest to the charge of attempted grand larceny and adjudication was withheld. See the Court Minutes, Exhibit 3, and the testimony of Azar. On November 15, 1976, the Florida Real Estate Commission issued Azar her license as a registered real estate saleswoman. The answers to Questions 4 and 5 on the second application filed by Azar differ slightly from the answers given to those questions on her first application. Although Azar testified that she did not read the questions on the second application but recopied her answers from her first application, the fact that the entries on the second application to Questions 4 and 5 differ from those on the first application indicates that Azar at least read the two questions preceding Question 6. This fact and the content of Question 6 lead to the conclusion that Azar did read Question 6. Further, an arrest on a charge of Grand Larceny within the preceding ninety days would be sufficiently memorable for Azar to recall when prompted by reading Question 6. Having determined, that Azar did in fact read Question 6 and would have remembered her arrest, one must conclude that Azar knowingly did not correctly answer Question 6 and therefore intended to conceal her arrest.
Recommendation The Hearing Officer, based upon the foregoing Findings of Fact and Conclusions of Law, recommends that the Florida Real Estate Commission revoke the registration of Dorothy N. Azar as a registered real estate salesman with leave for Azar to immediately refile her application. DONE and ORDERED this 12th day of August, 1977, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Frederick H. Wilsen, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 E. G. Couse, Esquire 2069 First Street, Suite 202 Post Office Drawer 1686 Fort Myers, Florida 33902
Findings Of Fact Respondent, Kenneth Wade Willingham, made application to the State of Florida, Department of Professional Regulation, then Board of Real Estate, for licensure as a real estate salesman. (The Board of Real Estate has become the Florida Real Estate Commission.) A copy of the application may be found as Petitioners Exhibit No. 1, admitted into evidence. In the course of the application, the Respondent is asked: Have you ever been arrested for, or charged with, the commission of an offense against the laws of any munici- pality, state or nation including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled? If yes, state details including the outcome in full: In response to that inquiry, Respondent indicated "DWI in March 1974." Respondent executed the application form by placing his signature on the document to include notarization of his signature in which he stated that he had "carefully read the aforegoing application" and that the answers were true and correct." In the course of the hearing, Respondent verified that he had read the application form to include question number six (6) and had filled in the information set forth in the application. The offense of DWI which occurred in March, 1974, was one in which Respondent entered into a plea bargaining arrangement and was fined and placed upon probation, which probation was successfully completed. No jail sentence was served. On May 24, 1982, the Administrative Complaint, which is the subject of this action, was filed against Respondent and through that complaint it was alleged that Respondent had failed to reveal: arrest on April 25, 1970 in St. Joseph, Missouri, for drunk and disorderly conduct and being found guilty thereof. arrest on April 15, 1972 in Oklahoma City, Oklahoma, for larceny of a motorcycle. arrest on September 28, 1980 in St. Augustine, Florida, for aggravated assault and driving while intoxicated. Respondent requested a Subsection 120.57(1), Florida Statutes, hearing to dispute those allegations and that hearing was conducted on October 6, 1982. On the subject of the alleged arrest of April 25, 1970, in St. Joseph, Missouri, for drunk and disorderly conduct and a finding of guilt for that offense, no proof was offered of an arrest for such an offense, independent of Respondent's testimony and he disclaims those allegations. Petitioner does acknowledge having been arrested in 1972, in Oklahoma City, Oklahoma, involving an incident related to larceny of a motorcycle. He spent ten (10) days in jail for that matter, after having been fingerprinted. Respondent served one (1) or two (2) years of probation for the incident; however, he disavows responsibility for larceny of a motor vehicle. No other proof was presented. As alleged, in 1980, in St. Augustine, Florida, Respondent was arrested for driving while intoxicated and for aggravated assault. In that matter, the Respondent was engaged in a fight and after the fight, drove away from the scene and was apprehended for driving while intoxicated. He was fined at least $1,500-$1,800 and lost his driver's license for one (1) year and spent one (1) night in jail. He is unaware of any probationary period associated with those events and no further evidence was presented by Petitioner on the subject of this arrest. When questioned about his failure to include the Oklahoma City, Oklahoma, incident and that matter in St. Augustine, Florida, in the years 1972 and 1980, respectively, Respondent indicated that "apparently I did not understand the magnitude of the essence of this question no. 6 and the way it is worded." At the time of the hearing, Respondent was a boiler- maker/welder and had a part-time job as a real estate salesman working for Bill Kenyon, Ace Real Estate in St. Augustine Beach, Florida.
The Issue The issue is whether Kramer is guilty of violation of Section 474.25(2), Florida Statutes.
Findings Of Fact Kenneth Stephen Kramer is a licensed real estate salesman holding License No. 0193029 issued by the Florida Real Estate Commission. Kramer filed an application for registration as a real estate salesman, dated November 21, 1977. In answer to paragraph 6, Kramer stated "Yes," and attached a letter of explanation from Michael Brodsky, attorney at law. Brodsky's letter dealt with Kramer's arrest for robbery in Opa Locka, Florida, and the subsequent dismissal of the charges against him on the basis of misidentification by the complaining witness. See Exhibit 2. An arrest report from Orangeburg, New York, was introduced as Exhibit This arrest report shows that Kenneth Stephen Kramer was arrested in Orangeburg for possession of marijuana. Kramer testified concerning his arrest in Orangeburg. His testimony was substantiated by that of his sister and his wife. Their testimony was uncontroverted that Kramer had been arrested together with his sister and wife and tow other males in Orangeburg for the possession of marijuana. On the basis of the representations of their court appointed counsel, they plead guilty to the charges against them with the understanding that they would receive three- years probation at the end of which their records would be expunged. They successfully served their probations and were advised by the probation officer in the State of Florida that their records would be expunged. Kramer stated that this was the reason he had not reported his arrest because he felt that his record had been expunged upon the satisfactory completion of his probation as was represented by his court appointed counsel and Florida probation officer.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission take no action against the registration of Kenneth Steven Kramer. DONE AND ORDERED this 27th day of October, 1978, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Kenneth Steven Kramer 901 Northeast 23rd Court Pompano Beach, Florida 33064 Tina Hipple, Esquire Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32802 ================================================================= AGENCY FINAL ORDER ================================================================= FLORIDA REAL ESTATE COMMISSION FLORIDA REAL ESTATE COMMISSION, Plaintiff, vs. PROGRESS DOCKET NO. 3372 BROWARD COUNTY KENNETH STEVEN KRAMER, DOAH NO. 78-1431 Defendant. /
Findings Of Fact John M. Stroud is a registered real estate saleman holding registration number 0172065 issued the Florida Real Estate Commission. On December 17, 1976, John M. Stroud was arrested for burglary and committed to the custody of the sheriff of Brevard County for the offense of burglary. On December 15, 1976, Stroud had his completed application notarized by R. Jack Simpson. Stroud's application was initially received by the Florida Real Estate Commission on January 5, 1977, and was returned to Stroud because he had not enclosed the fee required. It was resubmitted with the fee and received by the Florida Real Estate Commission on January 14, 1977.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer RECOMMENDS: That the registration of John M. Stroud be revoked. DONE and ENTERED this 9th day of December, 1977 in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of December, 1977. COPIES FURNISHED: David T. Young, Esquire 1197 So. U.S. Highway 1 P.O. Box 563 Rockledge, Florida 32955 Bruce I. Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789
