The Issue Whether Respondent has been convicted of a crime which involves moral turpitude or fraudulent or dishonest dealing in violation of subsection 475.25(1)(f), Florida Statutes.
Findings Of Fact Respondent is now and was at all times material to this cause a licensed real estate salesman in the State of Florida having been issued License No. 10931734 in accordance with Chapter 475, Florida Statutes. On August 29, 1986, a two-count information was filed in the Circuit Court in and for Sarasota County, Florida, against respondent and four other individuals. Count I of the information charged a violation of the Racketeer Influenced and Corrupt Organization (RICO) Act. Count II of the information charged conspiracy to violate the RICO Act. Specifically, Count II of the information alleged that respondent, and five other individuals, on a continuing basis from November 14, 1985, through December 21, 1985, "did knowingly, willfully and unlawfully, conspire, combine, confederate or agree together with each other and with other persons . . . to violate the laws of the State of Florida, to wit: The laws prohibiting any person employed by or associated with any enterprise from conducting or participating either directly or indirectly, in the affairs of said enterprise through a pattern or [sic] racketeering activity as prohibited in Florida Statute 895.03(3), in violation of Florida Statute 895.03(4), and it was a part of said conspiracy that the above- named defendants were associated with an enterprise to wit: a group of individuals associated in fact, although not a legal entity, for the purpose of engaging in various criminal activities in violation of Chapter 849 of the Florida Statutes relating to gambling, including but not limited to: bookmaking, (2) unlawful betting, and (3) criminal conspiracy in violation of Florida Statute 895.03(4), to the evil example of all persons in like cases offending and contrary to the statute in such case made and provided against the peace of dignity of the State of Florida." By letter dated March 20, 1986, the respondent advised the Department of Professional Regulation, Division of Real Estate, that she had been arrested on felony charges. On September 10, 1986, respondent entered a plea of nolo contendere to the offense of conspiracy to violate Racketeer Influenced and Corrupt Organization Act, as charged in Count II of the information. Adjudication was withheld, and respondent was placed on probation for two years with a special condition that she cooperate fully with law enforcement. On October 8, 1986, respondent sent a letter to the petitioner stating that she had entered a plea of nolo contendere, "to the charge of `conspiracy to violate RICO' for bookmaking." Respondent stated in the letter, "In short, I was betting on football and basketball games and placing bets with a bookie in Ft. Myers." Respondent's husband, John Flanagan, was named as a co-defendant and co-conspirator in the information. At the hearing, respondent testified that her only role in the betting activity was to take telephone messages for her husband. She explained that when her husband was not home, she would answer the phone and take messages for him from friends wishing to place bets on football games. She would write down the message, i.e., what the bet was and the amount of the bet, and leave the message for her husband. However, this testimony is not entirely consistent with her statement in the letter of October 8, 1986, where she stated that she was betting on football and basketball games and placing bets with a bookie in Ft. Myers. Thus, from respondent's admissions it appears that she was involved with gambling activity by taking bets over the phone, which bets were passed on to her husband, by betting on football and basketball games herself, and by placing bets with a bookie in Ft. Myers. Further, respondent admitted that she pleaded nolo contendere to the charge of conspiracy to violate the RICO act "for bookmaking." Respondent determined to plead nolo contendere to the conspiracy charge, a first degree felony, to protect her family and because she knew adjudication of guilt would be withheld and she would be placed on probation. Respondent also contends that she pleaded nolo contendere to the first degree felony of conspiracy to violate the RICO Act, rather than the underlying third degree felony of bookmaking, because adjudication of guilt could not be withheld under the bookmaking statute. Respondent's husband, John Flanagan, who also pleaded nolo contendere to Count II of the information, is a certified public accountant. When his case was presented to the probable cause panel of the State of Florida Board of Accountancy, the panel decided that there was no moral turpitude or fraud involved in the crime and decided to issue a letter of guidance under a different disciplinary provision. Respondent's arrest and subsequent disposition of the felony charges have not had an adverse-effect on respondent's real estate business. Respondent's friends and associates find her to be honest and of the highest moral integrity.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Florida Real Estate Commission enter a final order finding that respondent has been convicted of a crime involving moral turpitude and imposing an administrative fine of $500.00. DONE and ORDERED this 22nd day of September, 1987, in Tallahassee, Florida. DIANE A. GRUBBS Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway The Oakland Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of September, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-2274 Petitioner's proposed findings of fact: 1. Accepted in #1. 2-3. Accepted in #4. Accepted in #`s 3 and 5. Accepted in #2. Respondent's proposed findings of fact: 1-2. Rejected, not a finding of fact. Accepted in part in #2, remainder rejected as not a finding of fact. Accepted in #7, to the degree it is a finding of fact, not a legal conclusion, which might be considered in mitigation of penalty. Accepted as stated in #8. 6-7. Accepted as stated in #6. 8. Accepted in that there was no finding that a fine was imposed. 9-10. Rejected as not a finding of fact. COPIES FURNISHED: Steven W. Johnson, Esquire Department of Professional Regulation - Division of Real Estate 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802 Stacey Lee Flanagan, pro se 3364 Country Oaks Boulevard Bradenton, Florida 34243 Harold Huff, Executive Director Division of Real Estate Florida Real Estate Commission 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802 Tom Gallagher Secretary Department of Professional Regulation 130 N. Monroe Street Tallahassee, Florida 32399-0750
The Issue The administrative complaints allege that John Maxfield failed to pay an appraiser for his work, he failed to maintain an office and sign at the address listed with the Florida Division of Real Estate, he failed to maintain trust funds in an escrow account, and he failed to release security deposits of tenants, in violation of Chapter 475, Florida Statutes and rules of the Florida Real Estate Commission. The issue for determination is whether these violations occurred and, if so, what disciplinary action against Maxfield's license is appropriate.
Findings Of Fact At all times relevant to the complaint, John R. Maxfield, was licensed by the State of Florida as a real estate broker-salesman, with license number 0130663. Michael Chambers is a real estate appraiser in Winter Park, Florida. Around August 1986, he was retained by Maxfield to conduct appraisals of some apartment complexes and a duplex. An associate of Maxfield's met Chambers at the property to give him access for the appraisals. After the appraisals were done, Maxfield failed to pick them up as he had agreed. Chambers went by the office listed on the business card given to him by Maxfield's associate, but could not find the office. He later found the office, but Maxfield's secretary did not have the payment for him. To date, Maxfield still has not paid the $600.00 appraisal fee, in spite of Chambers' several demands. From 1983 or 1984, until October 1986, Maxfield was the trustee of a land trust with several investor beneficiaries. Hideaway Delaney Apartments in Orlando, Florida is a property owned by the trust. Maxfield was the manager of the property until October 1986. He was relieved of his duties when the beneficiaries learned that other trust property was being foreclosed. While manager of the property, Maxfield received tenants' deposits through his agents, various resident managers. He never released those deposits to the trust beneficiaries, to the successor manager, John Capone Realty, or to the tenants, after he ceased serving as manager. The total amount of unaccounted for security deposits is $2245.00. In March 1987, in an interview with Maureen Harvey, a Division of Real Estate investigator, Maxfield admitted that he used the deposit money to off-set his own expenses. Earlier, in a civil action brought by some tenants seeking their deposits, Maxfield admitted that he owed the money and agreed to pay it. The deposit money remains unpaid. The administrative complaints allege that between October 1986 and March 1987, Maxfield failed to maintain an office and entrance sign at the business address he had registered with the Department of Professional Regulation. One complaint alleges the address as 103 Lucerne Circle, Orlando. The other complaint alleges the address as 203 Lucerne Circle, Suite 500, Orlando. Maxfield's license renewal forms indicate the address was 203 N. Lucerne Circle, Suite 500, Orlando. Assuming that the one complaint contained a typographical error, the testimony by DPR's witnesses did not clearly establish the dates they visited the premises and failed to find an office or sign. The investigator visited the address in April 1987, after the period alleged in the administrative complaints. Michael Chambers took photographs of the buildings on the site, much earlier in August 1986. As of June 1987, Maxfield's license renewal form lists his business address as Vistana Resort Development, Inc., 13500 State Road 535, Orlando, Florida.
Recommendation Based upon the foregoing, it is hereby RECOMMENDED: that a Final Order be entered, finding John R. Maxfield guilty of violations of Sections 475.25(1)(b), (d), and (k), Florida Statutes, suspending his real estate license for three (3) years, and thereafter placing him on probation for a period of two (2) years, under appropriate conditions to be established by the board. DONE AND RECOMMENDED this 26th day of February, 1988, in Tallahassee, Florida. MARY CLARK 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 day of February, 1988. COPIES FURNISHED: Steven W. Johnson, Esquire Department of Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 John R. Maxfield 9100 Meadowcreek Drive #648 Orlando, Florida 32821 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Darlene F. Keller Executive Director Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 =================================================================
The Issue Whether petitioner's application for licensure as a real estate salesman should be denied because of his alleged criminal record and his false denial (on his application) that he has ever been arrested for or charged with the commission of a crime.
Findings Of Fact On May 17, 1982, petitioner filed an application for licensure as a real estate salesman with the Florida Real Estate Commission. (R-2) Question number six on his application reads: Have you ever been arrested for, or charged with, the commission of an offense against the laws of any muni- cipality, 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 out- come in full. He falsely answered this question, "No." (R-2) On February 7, 1976, he was arrested in West Palm Beach for carrying a concealed weapon, a .38 caliber revolver. (TR.-15) On November 2, 1974, he was arrested for driving while under the influence of alcohol in West Palm Beach. He pled guilty to the charge and adjudication was withheld. (TR.-l6) On March 3, 1973, he was arrested in West Palm Beach for driving while under the influence of alcohol and was later convicted. (TR.-16-17) On June 25, 1965, he was arrested in Palm Beach County for violating his probation. (TR.-l8) In December, 1964, he was arrested in Palm Beach County on charges of breaking and entering a dwelling house with intent to commit a misdemeanor, indecent exposure and malicious trespass. He pled guilty to malicious trespass; the breaking and entering and indecent exposure charges were dropped. (R-5) On December 26, 1962, he was arrested in Palm Beach County on a robbery charge. He was later convicted of accessory after the fact and sentenced to three years in Florida State Prison. (TR.-19-20) On May 3, 1962, he was arrested for and convicted of drunkenness in West Palm Beach. (Tr.-21) On December 14, 1960, he was arrested in West Palm Beach and charged with resisting a police officer, traffic violations and drunkenness. He was later convicted of these charges. (TR.-21-22) His civil rights, automatically suspended when he was convicted of a felony, have been restored and he is now able to vote in Florida. (Testimony of petitioner)
Recommendation Based on the foregoing, it is RECOMMENDED: That petitioner's application for licensure be denied for failure to show that, at this time, he possesses the honesty, truthfulness, trustworthiness, and good character required by Section 475.17(1). However, this denial should not prejudice his right to reapply in the future. DONE and ENTERED this 23rd day of September, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. 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 23rd day of September, 1983.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the charges against Respondent, Linda N. Phillips, be DISMISSED. DONE and ENTERED this 16th day of October, 1981, 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 16th day of October, 1981.
The Issue The Administrative Complaint alleges the following: Count I alleges that Respondent is guilty of fraud, misrepresentation, concealment, and the like, in violation of Section 475.25(1)(b), Florida Statutes, by failing to notify a seller's agent that the earnest money deposit he received was a check with contingencies on its face preventing its deposit in a trust account. Count II alleges that Respondent is guilty as a salesman of violating Section 475.256(1)(k), Florida Statutes, by failing to place with his employer a deposit check entrusted to him. Count III, admitted to by Respondent, alleges that he violated Sections 475.42(1)(b), Florida Statutes, and 475.25(1)(a), Florida Statutes, by acting as a broker while licensed as a salesman, or by operating as a salesman for a person not registered as his employer. The issues are whether these violations occurred and, if so, what discipline is appropriate.
Findings Of Fact In 1986 and 1987, at all times relevant to the complaint, Jeffrey Robert Horne was licensed as a Florida Real Estate salesman, holding license number 0433763. At that time he was employed by Realtyline, Inc., Post Office Box 800, Sebastian, Florida 32958. Jeffrey Horne is currently licensed as a real estate broker, c/o The Peoples Realty, Inc., 951-C Fellsmere Highway, Sebastian, Florida 32958. On June 6, 1987, Jeffrey Horne, while employed at Realtyline, Inc., obtained from John F. Baer, Jr., as trustee for Colonial Realty Trust, eleven written offers to purchase eleven lots in an unrecorded subdivision in Brevard County. The lots had various owners, although the owner of one of the lots was unknown at the time. On that same date John F. Baer gave Jeffrey Horne a check in the amount of $5,000, payable to "Realtyline c/o Jeff Horne," representing a $500 earnest money deposit for each of the lots. The face of the check bears this lengthy notation: This check to be held by Jeff Horne pending notification that all contingencies have been satisfied on Parker Rd. offers. At that time it will be replaced with a check for 2500 for each contract negotiated and then deposited to escrow. (Petitioner's Exhibit 4) The contingencies, described in an addendum to the contracts, included the provisions that all eleven contracts be accepted for the same offer and that certain permits and local development approvals be obtained. At the hearing, John Baer explained that he wanted the check held by Jeffrey Horne because he had been dealing with Horne on the property. He knew that the realty company was in transition and did not want the deposit stuck in an escrow account if the firm "went under." Furthermore, he had operated in this manner in the past with other firms. Peter S. Tarbell was the qualifying broker for Realtyline, Inc. During this time Jeffrey Horne was attempting to get a partner and purchase the company from Tarbell. The negotiations were acrimonious and both men were dealing through attorneys. Tarbell was aware of the Baer offers on June 6, 1987, and read one of the contracts with the addendum. He vehemently denies that he was aware of the deposit check with its restrictions. Horne just as strongly insists that he told Tarbell about the check. It is uncontroverted, however, that Tarbell instructed Horne to hold on to the contracts until he got the deposit money. Horne went back to Baer and asked to have the restrictions removed from the check. Baer refused and told him to get the contracts changed to reflect the restrictions on the check. The contracts, as executed, provided for $500 deposit each, to be held in escrow by Realtyline, Inc. On six of the contracts Jeffrey Horne signed as escrow agent, under the following preprinted statement: "Deposits under 1.(a) received. (If check, subject to clearance.)" Rhoda Swiger, a broker with Atha and Swiger Real Estate, Inc., had the listing to sell the lots. When Baer was in Horne's office executing the contracts, Horne called her to find out if there were prior offers on the lots. Horne told her that Baer was getting ready to make his offer. Horne became nervous holding the contracts. He knew that Rhoda Swiger was expecting them but he also knew that Tarbell had told him to hold them. He could not get another deposit from Baer. He admits that he committed an error in judgment, but contrary to Tarbell's instructions, he took six of the contracts to Rhoda Swiger after they had been in his desk drawer for several days. He told her he had the deposit check but did not tell her about the restrictions on the check. Sometime later Rhoda Swiger called Realtyline to say that the offers were accepted. Tarbell took the call and found out that Horne had released some of the contracts against his wishes. Tarbell obtained the check and remainder of the contracts from Horne and terminated his employment. In Baer's words, the deal then "fizzled." The record does not disclose any past violations by this licensee, either as a salesman or a broker. He cooperated fully with the investigation and readily admitted, in his affidavits and at the hearing, his participation in the events which led to this proceeding.
Recommendation Based on the foregoing, it is hereby RECOMMEND that a final order be entered finding Jeffrey Robert Horne guilty of violations of Subsections 475.25(1)(a), (b) and (k); that he be reprimanded and fined $500 per count, for a total of $1,500. DONE AND RECOMMENDED this 20th day of October, 1988, in Tallahassee, Leon County, Florida. MARY CLARK 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 20th day of October, 1988. COPIES FURNISHED: Steven W. Johnson, Esquire Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 George B. Turner, Esquire Gateway Business Center 1333 Gateway Drive Suite 1025 Melbourne, Florida 32801-2623 Darlene F. Keller Executive Director Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Bruce D. Lamb, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Whether Respondent's real estate broker's license should be disciplined for fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence and breach of trust in any business transaction, pursuant to Section 475.25(1)(b) Florida Statutes(1983).
Findings Of Fact At all times pertinent to the charges, Respondent Thomas F. Steffan Jr. was a licensed real estate salesman having been issued license number 0402257. Respondent has since been issued a license as a real estate broker, same license number. Mr. and Mrs. Walther Ellis were the owners of certain property located on Windsor Road, Bonita Springs, Florida. Mr. and Mrs. Ellis listed their property for sale with Wesley Brodersen of Gulder Real Estate, Inc. in Bonita Springs, Florida. The Respondent was employed at Gulder Real Estate, Inc. during the time that the Ellises listed said property with Gulder Real Estate, Inc. On or about May 23, 1984, the Respondent solicited and obtained a Catherine A. Griffin as a prospective purchaser of the Ellis' property. Mrs. Griffin submitted a contract for sale and purchase, witnessed by Respondent, which contract for sale and purchase the Respondent in turn submitted to the Ellises. Pursuant to the terms of the May 23, 1984 contract for sale and purchase, Mrs. Griffin had placed down a total deposit of $5,000.00. The Ellises rejected the terms of sale (offer) as expressed in the May 23, 1984 contract for sale and purchase. Thereafter, Mrs. Griffin, as buyer, along with her husband, Donald Griffin, who is not a buyer in the transaction but was intimately involved in the negotiations, continued to express an interest in the property and the Ellises continued to express an interest to sell the property. In July, 1984, contract negotiations were once again begun and Mr. Griffin informed the Respondent what terms would be acceptable to his wife, Catherine A. Griffin. Mr. Griffin further requested that the signatures of Mr. and Mrs. Ellis be obtained first on a new contract for sale and purchase setting out the terms he had dictated to Respondent. Somewhere during this time period, Mr. Griffin directed Respondent to have completed a survey of the property at the Griffins'expense. Respondent next communicated with Mr. Ellis and a new contract for sale and purchase was prepared by the Respondent and signed by Mr. Ellis personally and signed by Mr. Ellis for Mrs. Ellis with Mrs. Ellis' express consent and permission. Subsequent thereto, the Respondent brought the new contract for sale and purchase to the Griffins. In the presence of Mr. and Mrs. Donald Griffin the Respondent presented the offer. Mr. Griffin immediately signed the new contract for sale and purchase in the presence of both Respondent and Mrs. Griffin on the line indicating he was signing as a witness to the buyer's signature/execution. However, as this contract (offer) was physically handed by Mr. Griffin to his wife for formal execution, it was further reviewed by Mr. Griffin, who became aware that the terms of purchase contained in the new contract for sale and purchase were not as he had dictated them to the Respondent. Mr. Griffin advised his wife not to accept the offer, instructed her not to sign, and, in fact, the new contract for sale and purchase was not signed or accepted by Mrs. Griffin. Respondent requested that the Griffins think about the offer for a while longer and they agreed to do so over an extended vacation. While the Griffins were on vacation, the Respondent, apparently believing the offer contained in the second contract for sale and purchase would eventually be accepted, notified Mr. Ellis that the offer had already been accepted. Believing that the offer had been accepted by a bona fide purchaser, Mr. Ellis requested a copy of the signed contract. Due to the fact that the Respondent did not have a contract signed by a bona fide buyer (Catherine A. Griffin) but believing that one would be obtained in the very near future because Donald Griffin had signed the second contract and because Donald Griffin had indicated that he could finance the entire operation by himself, the Respondent caused a photo copy of the signature of Catherine A. Griffin to be placed onto the second contract without the permission , consent, or knowledge of either Donald Griffin or Catherine Griffin. The altered copy of the second contract is apparently no longer in existence and did not come into evidence. The only real point of contention in the parties' respective proposed findings of fact and conclusions of law is concerning what representation was made by Respondent to Mr. Walther Ellis concerning who had accepted the second contract. Respondent admits he represented to Mr. Ellis that Mr. Griffin, controlling the transaction for buyers, had accepted the second contract. Mr. Ellis maintained that Respondent represented to him that the second contract had been accepted on his terms but he is not clear·whether Respondent told him Mrs. Griffin accepted it or who accepted it. (Walther Ellis Deposition Page 22). Mrs. Ellis's testimony presents no independent confirmation of any of this as her information in all respects is second-hand. Mr. Brodersen's testimony is that the Respondent's representation to him was that "the Griffins" had accepted the second contract for purchase and sale and that Respondent told Mr. Ellis the same thing in Brodersen's presence and also told Brodersen that the last copy of the signed contract had been mailed to Mr. Ellis by Respondent the day previous to this three-way conversation. Mr. Brodersen thought Mr. Ellis never got the fraudulent contract but testified further that Respondent later admitted to Brodersen that he had altered this copy of the second contract so as to fraudulently reflect Mrs. Griffin's signature and further admitted to Brodersen that he, Respondent, had mailed that fraudulent copy to Mr. Ellis. Mr. Brodersen never saw the fraudulent contract. Mr. Ellis testified to receiving in the mail a copy of the second contract with a suspicious-looking set of signatures which he turned over to his attorney. The parties stipulated the attorney does not now have the contract copy. By itself, the testimony of Investigator Jacobs that Respondent by telephone admitted falsifying Mrs. Griffin's signature onto a copy of the second contract for purchase and sale and further admitted destroying one copy of the fraudulent contract would fail as not having the proper predicate for voice identification. However, in light of Mr. Ellis's and Mr. Brodersen's testimony, Mr. Jacobs' testimony on Respondent's creation of the fraudulent document is accepted as corroborative pursuant to Section 120.58 Florida Statutes. The remainder of his testimony is rejected. At no time did Catherine A. Griffin and/or Donald Griffin as her agent or on his own behalf accept the Ellis' offer contained in the second contract for sale and purchase nor did Catherine A. Griffin nor Donald Griffin ever execute the second contract as a buyer. The transaction was never closed and Mrs. Griffin was returned her deposit money when she requested it in September 1984. Mr. Ellis admits having told Respondent he was not anxious for the deal to close and did not care if the deal failed to go through. Mr. Griffin spoke at length and with considerable feeling at the hearing of his desire that Respondent not receive a permanent record as a result of a single mistake committed while under stress from Respondent's father's medical condition. That Respondent was under such stress when all this occurred was confirmed by Mr. Brodersen.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a final order be entered whereby Respondent Thomas F. Steffan Jr.'s licenses as a real estate salesman and broker be suspended for a period of one year and that he pay an administrative fine of $1,000.00. DONE and ORDERED this 8th day of October, 1985, in Tallahassee, Florida. ELLA JANE P. DAVIS 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 8th day of October, 1985. COPIES FURNISHED: James T. Mitchell, Esquire Staff Attorney Department of Professional Regulation-Legal Division of Real Estate 400 West Robinson Street Orlando, Florida 32802 Thomas F. Steffan Jr., Pro Se 18645 Sandpiper Road Ft. Myers, Florida Harold R. Huff, Director Department of Professional Regulation-Legal Division of Real Estate 400 West Robinson Street Orlando, Florida 32802 Fred Roche, Secretary 130 North Monroe Street Tallahassee, Florida 32301
Recommendation Based, upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission revoke the registration of Lawrence R. Cole as a registered real estate salesman. DONE and ORDERED this 12th day of August, 1977, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Vaughan David Hulse, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Lawrence R. Cole c/o Leslie L. White 1924 Courtland Street Orlando, Florida 32810
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 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
The Issue Whether respondent's real estate broker's license should be revoked or otherwise disciplined on the grounds: (1) that he operated as a real estate broker without holding a valid and current license, and (2) that he is guilty of misrepresentation, false promises, false pretenses, dishonest dealing, and breach of trust in a business transaction. Background By administrative complaint dated October 30, 1981, petitioner Department of Professional Regulation, Florida Real Estate Commission 1/ ("Department"), charged respondent William A. Canty ("respondent") with six violations of the Florida Real Estate Law, Chapter 475, Florida Statutes (1979). Respondent disputed the charges and requested a Section 120.57(1) proceeding. On November 30, 1981, the Department forwarded this case to the Division of Administrative Hearings for assignment of a hearing officer. Hearing was thereafter set for April 23, 1982. At hearing, the Department voluntarily dismissed Count Nos. Three through Six, inclusive, leaving only Count Nos. One and Two. Count One alleges that respondent's broker's license expired; that he then negotiated a real estate transaction in violation of Sections 475.42(1)(a) and 475.25(1)(a), Florida Statutes (1979). Count Two alleges that in connection with this real estate transaction, respondent signed a sales contract incorrectly acknowledging receipt of a $5,000 earnest money deposit, when, in fact, he had received a demand note; that the seller was led to believe that he held a $5,000 earnest money deposit in escrow; that such actions constituted misrepresentation, false promises, false pretenses, dishonest dealing, and breach of trust in a business transaction, all in violation of Section 475.25(1)(b), Florida Statutes (1979). The Department called Robert S. Harrell and Alfred C. Harvey as its witnesses, and offered Petitioner's Exhibit Nos. 1 through 3 into evidence, each of which was received. Respondent testified in his own behalf and Respondent's Exhibit 2/ No. 1 was received in evidence. The transcript of hearing was received on April 27, 1982. Neither party has filed proposed findings of fact and conclusions of law. Based on the evidence presented at hearing, the following facts are determined:
Findings Of Fact As to Count One Respondent is a licensed Florida real estate broker. He holds license No. 0012715 and his business address is 988 Woodcock Road, Orlando, Florida. (Testimony of Canty; P-1.) Since obtaining his broker's license in the early 1970s, respondent has earned a livelihood as a real estate broker. He has been a sole practitioner, having never employed any other person in connection with his practice. (Testimony of Canty.) A real estate broker's license must be renewed every two years. Effective April 1, 1978, respondent paid the requisite fee and renewed his then existing broker's license the new expiration date was March 31, 1980. (P-1.) On March 31, 1980, respondent's broker's license expired for failure to renew. His failure to timely renew was due to simple inadvertence; he admits that it was an oversight on his part. (Testimony of Canty; P-1.) As soon as he realized his omission, he filed a renewal application and paid the requisite $40 fee in addition to a $15 late fee. His license renewal became effective on July 25, 1980. (Testimony of Canty; P-1.) In May, 1980, respondent negotiated, prepared, and assisted in the execution of a written contract for the sale and purchase of 1.6 acres, including a 21,000 square-foot warehouse, located at 315 West Grant Street, Orlando, Florida. The seller was Alfred Harvey, the buyer was Preferred Services, Inc., and the purchase price was $208,000. The contract called for the buyer to pay the sales commission under separate agreement with respondent. The commission agreement never materialized since the sales transaction failed to close. But, the buyer understood that he had an obligation to pay a real estate commission, and respondent fully expected to receive one. (Testimony of Canty, Harrell.) As to Count Two Prior to the parties' execution of the sales agreement mentioned above, respondent and the buyer, Robert Harrell, of Preferred Services, Inc., discussed with Alfred Harvey, the seller, the acceptability of using a demand note as the $5,000 earnest money deposit required by the agreement. (The buyer wished to avoid tying up his funds in escrow during the extensive time required to obtain Small Business Administration approval for assuming the existing mortgage loan.) The seller agreed to the depositing of a $5,000 demand note. 3/ (Testimony of Canty, Harrell.) When the sales contract was executed by the parties, respondent acknowledged on page 2 that he held the specified earnest money deposit in escrow. The deposit was a $5,000 demand note. He did not indicate on the face of the contract that the deposit was in the form of a demand note. But, neither did he indicate that the deposit was in cash or check form. Respondent acknowledges that he was "sloppy" in failing to indicate on the contract that the deposit was a demand note. (Testimony of Canty.)
Recommendation Based on the foregoing, it is RECOMMENDED: That respondent be found guilty of violating Sections 475.42(1) and 475.25(1)(a), F.S., and reprimanded. DONE AND RECOMMENDED this 19th day of May, 1982, in Tallahassee, Florida. R.L. CALEEN, JR. 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 19th day of May, 1982.
