The Issue The issue presented here concerns the Administrative Complaint brought by the Petitioner, State of Florida, Department of Professional Regulation, against the Respondent, Jack V. Quick, alleging that the Respondent has been found guilty of crimes against the laws of the United States, which crimes directly relate to the activities of a licensed broker or salesman or involve moral turpitude or fraudulent or dishonest dealing, in violation of Subsection 475.25(1)(f), Florida Statutes. Specifically, it is charged that the Respondent was found guilty on or about December 11, 1979, of certain offenses, namely counts Three, Four, Five and Six of an indictment dated July 31, 1979. Those offenses involved: (1) the willful and knowing conspiracy with others to possess with intent to distribute a controlled substance, to wit, marijuana, (2) the use and arrangement for the use of telephonic communications in the aforementioned enterprise, two counts, and (3) travel in interstate commerce to carry out the business of distributing a controlled substance, to wit, marijuana in violation of Section 841(a)(1), Title 21, United States Code; Section 846, Title 21, United States Code; and Section 1952(a)(3), Title 18, United States Code.
Findings Of Fact Petitioner, as the State of Florida, Department of Professional Regulation, brought an Administrative Complaint against the Respondent, Jack V. Quick, setting forth those allegations as are found in the Issues statement of the Recommended Order. The Respondent requested a formal administrative hearing pursuant to Subsection 120.57(1), Florida Statutes, and on February 9, 1981, that hearing was conducted. The case was presented on the basis of the introduction of Joint Exhibits A, B and C, by the parties. Joint Exhibit A is an indictment by the Grand Jury in the United States District Court, Middle District of Georgia, Valdosta Division, Case No. 79-7-VAL, placed against the Respondent Jack V. Quick who is referred to in the indictment as Jack Vernon Quick. Joint Exhibit B is the Judgment and Commitment Order of the U.S. District Court in the aforementioned case arising from a finding/verdict directed to the aforementioned indictment. Joint Exhibit C is the Judgment of the United States Court of Appeal, for the Fifth Circuit, directed to the judgment of the United States District Court, Middle District of Georgia, Valdosta Division. From the position taken by the parties in this action and the documents stipulated to by the parties, the following facts are found: Respondent, Jack V. Quick, is a real estate broker, licensed by the Petitioner, State of Florida, Department of Professional Regulation, Board of Real Estate. The Respondent, Jack V. Quick, under the name Jack Vernon Quick, was indicted by the Grand Jury of the United States District, Middle District of Georgia, Valdosta Division, Case No. 79-7-VAL on the following Counts: COUNT ONE From on or about August 17, 1978, to and including on or about August 19, 1978, within the Middle District of Georgia and elsewhere, the defendant, JACK VERNON QUICK, wilfully and knowingly did transport and cause to be transported and did aid and abet the transportation in interstate commerce from Tallahassee, Florida, to the State of Georgia, David Karl Roberts who had theretofore been unlawfully seized, confined, kidnapped, abducted, carried away, and held by the said defendant, JACK VERNON QUICK, for ransom, reward and otherwise, that is, for the purpose of obtaining a particular hoard of one thousand pounds of marijuana or the return of the defendant's downpayment of $68,000 on the purchase price of $138,000 of the said marijuana; in violation of Sections 1201(a)(1) and (2), Title 18, United States Code. COUNT TWO From on or about August 17, 1978, to and including on or about August 19, 1978, within the Middle District of Georgia and elsewhere, the defendant, JACK VERNON QUICK, wilfully and knowingly did combine, conspire, confederate and agree together with others known and unknown to the Grand Jury to violate Section 1201 (a)(1), Title 18, United States Code, that is, to wilfully and knowingly transport in interstate commerce from Tallahassee, Florida, to the State of Georgia, David Karl Roberts, who had theretofore been unlawfully seized, confined, kidnapped, abducted, carried away and held by the said defendant for ransom, reward and otherwise, to wit, for the purpose of obtaining a particular hoard of one thousand pounds of marijuana or the return of the defendant's downpayment on said marijuana. OVERT ACTS In furtherance of the conspiracy and to effect that objects thereof the defendant performed the following overt acts: On or about August 17, 1978, David Karl Roberts was transported by force and coercion by the defendant and others from the residence of James Mann Ervin to the residence of defendant JACK VERNON QUICK, both residences being in the State of Florida. On or about August 18, 1978, David Karl Roberts was transported by force and coercion from the residence of defendant JACK VERNON QUICK in Tallahassee, Florida, to Valdosta, Georgia, by the defendant JACK VERNON QUICK and others. On or about August 19, 1978, David Karl Roberts was transported by force and coercion from Valdosta, Georgia, to defendant JACK VERNON QUICK's residence in Tallahassee, Florida, where he was held against his will by the defendant and others. All in violation of Section 1201(c), Title 18, United States Code. COUNT THREE From on or about July 1, 1978, to and including on or about August 18, 1978, in Valdosta, Georgia, in the Middle District of Georgia and elsewhere, the defendant, JACK VERNON QUICK, did unlawfully, wilfully and knowingly combine, conspire and confederate and agree together with others known and unknown to the Grand Jury, to commit an offense in violation of Section 841(a)(1), Title 21, United States Code, to wit, to knowingly and intentionally possess with intent to distribute approximately 1,000 pounds of marijuana, a Schedule I controlled substance; all in violation of Section 846, Title 21, United States Code. COUNT FOUR On or about August 16, 1978, the defendant, JACK VERNON QUICK, did use and cause to be used a facility in interstate commerce, that is, telephonic wire communications from Tallahassee, Florida, to Adel, Georgia, in the Middle District of Georgia, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of section 841(a)(1), Title 21, United States Code, and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of Section 1952(a)(3), Title 18, United States Code. COUNT FIVE On or about August 18, 1978, the defendant, JACK VERNON QUICK, did travel in interstate commerce from Tallahassee, Florida, to Valdosta, Georgia, in the Middle District of Georgia, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of Section 841(a)(1), Title 21, United States Code, and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of Section 1952(a)(3), Title 18, United States Code. COUNT SIX On or about August 18, 1978, the defendant, JACK VERNON QUICK, did use and cause to be used a facility in interstate commerce, that is, telephonic wire communications from Tallahassee, Florida, to Valdosta, Georgia, in the Middle District of Georgia, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of Title 21, United States Code, Section 841(a)(1), and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of Title 18, United States Code, Section 1952(a)(3). On December 11, 1979, the Respondent was found not guilty of the aforementioned Counts One and Two. On December 11, 1979, the Respondent was found guilty of Counts Three, Four, Five and Six and was sentenced to five (5) years under Count Three or until otherwise discharged as provided by law, to be followed by special parole for two (2) years. On each of the Counts Four, Five and Six, the Respondent was given a five (5) year sentence to be served to run concurrently with the sentence set forth in Count Three. On November 7, 1980, in an action on Summary Calendar, United States Court of Appeal, for the Fifth Circuit, No. 79-5729, the court upheld the aforementioned judgment entered December 11, 1979, by the United States District Court, Middle District of Georgia, Valdosta Division. The appellate court order of affirmance was issued as a mandate on December 4, 1980.
The Issue The issue in this case is whether disciplinary action should be taken against Respondent's real estate salesperson license based upon the alleged violation of Section 475.25(1)(m), Florida Statutes, set forth in the Administrative Complaint filed by Petitioner.
Findings Of Fact Based upon the oral and documentary evidence adduced at the Final Hearing and the entire record in this proceeding, the following findings of fact are made: Respondent is a licensed real estate salesperson in the State of Florida having been issued license number 0606079 in accordance with Chapter 475, Florida Statutes. The last license issued to Respondent was as a salesperson, c/o Century 21 Action Realty, Inc., 8904 Taft Street, Hollywood, Florida 33024-4649. Respondent obtained his Florida real estate license on or about December 11, 1993. Respondent's application for licensure as a real estate salesperson (the "Application") was filed with Petitioner on or about October 14, 1993. Question 9 of the Application asked Respondent if he had ever been convicted of a crime, found guilty or entered a plea of guilty or nolo contendere even if adjudication was withheld. Respondent answered that question in the negative. The evidence established that Respondent's answer to Question 9 on the Application was not accurate. On April 1, 1985, Respondent pled nolo contendere to a charge of possession of cocaine. Adjudication of guilt was withheld and Respondent was given a suspended sentence. At the time of Respondent's plea agreement, he was 20 years old. The circumstances surrounding his arrest, arraignment and plea indicate that Respondent did not fully understand the legal technicalities of what was taking place. Respondent entered the plea on the same day that he was arraigned and a public defender was appointed to represent him in connection with charges arising from an arrest that occurred on January 26, 1985. Respondent's arrest on January 26, 1985 took place outside a bar in Fort Lauderdale. Respondent had gone to the bar to meet some friends. While he was waiting for his friends, Respondent met an individual, S.T., with whom he was not previously acquainted. Respondent and S.T. began a conversation and talked about the possibility of going to another bar. Respondent and S.T. went to the parking lot and were sitting in S.T.'s car discussing where to go next. A police officer approached the car and observed S.T. holding a small plastic straw. According to the police report, when the police officer reached the car and asked for identification, S.T. handed the straw to Respondent and exited the car. The police officer then asked Respondent to exit the car. As Respondent was getting out of the car, the police officer saw Respondent drop the straw. The police officer picked up the straw and noticed a white powdery substance which he thought to be cocaine. He arrested Respondent and S.T. and, upon, subsequent search of the car, found a small bag containing cocaine. The amount of cocaine found is not clear from the evidence presented in this case. Because of his shock and surprise when he was arrested and the subsequent passage of time, Respondent does not remember all of the details surrounding his arrest. In particular, he does not remember S.T. handing him the straw and/or dropping it upon leaving the car. Respondent claims that he did not know that there was cocaine in the car and there is no evidence directly tying him to the cocaine. As indicated above, the case was resolved at Respondent's arraignment on April 1, 1985. Respondent does not recall all of the discussions that took place, but it was his understanding that he had not been convicted of a crime. Respondent did not understand the legal significance of the term "withheld adjudication". He was told that he was "free to go". No probation or further conditions were imposed upon him. Consequently, Respondent did not move to have the records of his criminal case sealed or expunged, even though he could have sought such an order from the court. When he was filling out the Application, Respondent believed that since no penalties had been imposed and he had not been convicted of a crime he could truthfully answer no to Question 9 on the Application. While the evidence established that Respondent did not intentionally lie on the Application, it does not appear that he took any steps to verify the accuracy of his belief before submitting the Application. Respondent first learned that there was some question regarding his criminal record when he was contacted by an investigator for Petitioner. Respondent immediately notified his supervisor at Century 21 Action Realty, where he was employed. Respondent's supervisor testified at the hearing in support of Respondent and stated that she found him to be trustworthy, honest, loyal and dependable. She indicated that she would not hesitate to hire Respondent again even after learning of his brush with the criminal justice system.
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 the Respondent not guilty of violating Section 475.25(1)(m), Florida Statutes, as alleged in the Administrative Complaint. DONE AND RECOMMENDED this 12th day of July, 1995, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of July, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-6150 Rulings on the proposed findings of fact submitted by the Petitioner: Adopted in pertinent part in findings of fact 1. Adopted in substance in findings of fact 3. Adopted in substance in findings of fact 2. Adopted in substance in findings of fact 4. Adopted in substance in findings of fact 15. Rulings on the proposed findings of fact submitted by the Respondent: Rejected as unnecessary. Adopted in pertinent part in findings of fact 1. Adopted in substance in findings of fact 1. Adopted in substance in findings of fact 3. Adopted in substance in findings of fact 3. Adopted in substance in findings of fact 2. Adopted in substance in findings of fact 4. 8. Rejected as unnecessary. 9. Adopted in substance in findings of fact 11. 10. Adopted in substance in findings of fact 7. 11. Adopted in substance in findings of fact 7 and 8. 12. Adopted in substance in findings of fact 9. 13. Adopted in substance in findings of fact 9. 14. Adopted in substance in findings of fact 10. 15. Adopted in substance in findings of fact 10. 16. Adopted in substance in findings of fact 13. 17. Adopted in substance in findings of fact 12. 18. Adopted in substance in findings of fact 11. 19. Adopted in substance in findings of fact 5. 20. Adopted in substance in findings of fact 6. 21. Adopted in substance in findings of fact 14. Subordinate to findings of fact 14. Subordinate to findings of fact 15. Subordinate to findings of fact 16. Rejected as unnecessary. Adopted in substance in findings of fact 16. Adopted in substance in findings of fact 16. Adopted in substance in findings of fact 17. COPIES FURNISHED: Darlene F. Keller Division Director Division of Real Estate Department of Business and Professional Regulation Post Office Box 1900 Orlando, FL 32802-1900 Lynda L. Goodgame General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 Theodore R. Gay Senior Attorney Department of Business and Professional Regulation 401 N.W. 2nd Avenue, Suite N-607 Miami, FL 33128 Harold M. Braxton, Esq. Suite 400, One Datran Center 9100 South Dadeland Boulevard Miami, FL 33156-7815
Findings Of Fact The Respondent holds Real Estate Salesman's License No. 0355517 issued by the Board of Real Estate. Petitioner is employed as a real estate salesman at Norma Star Realty, Key Largo, Florida. During October, 1980, the Respondent applied for licensure as a real estate salesman with the Board of Real Estate. His application was approved, and the Respondent was admitted to the examination, which he passed. The Board of Real Estate issued a real estate salesman's license to the Respondent during December, 1980. In applying for licensure, the Respondent filled out the Board of Real Estate's standard application form. Paragraph 6 of the form sets out the following inquiry: 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 Respondent answered "No" to this inquiry. The Respondent has been arrested on several occasions. On July 29, 1964, he was arrested in Las Vegas, Nevada, on a charge of sodomy. On August 6, 1964, he was arrested in Las Vegas, Nevada, on a charge of rape. On May 22, 1966, he was arrested in Las Vegas, Nevada, on the charge of notorious cohabitation. On January 31, 1969, he was arrested in Miami, Florida, on the charge of board bill fraud. All of these charges were ultimately dismissed. The Respondent was neither tried nor convicted in connection with any of the charges. The Respondent had been licensed as a real estate salesman in the State of Michigan. While in Michigan, he retained counsel, now deceased, who advised him that all of the Las Vegas arrests had been expunged from the Respondent's record, and that the Respondent could respond in the negative to inquiries as to whether he had ever been arrested.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby RECOMMENDED: That a final order be entered by the Department of Professional Regulation, Board of Real Estate, dismissing the Administrative Complaint filed against the Respondent, Michael Timothy McKee. RECOMMENDED this 10th day of December, 1981, in Tallahassee, Florida. G. STEVEN PFEIFFER Assistant Director 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 10th day of December, 1981. COPIES FURNISHED: Harold W. Braxton, Esquire 45 S.W. 36th Court Miami, Florida 33135 Arthur L. Miller, Esquire 9101 S.W. 66th Terrace Miami, Florida 33173 Mr. Samuel R. Shorstein Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Frederick H. Wilsen, Esquire Assistant General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Carlos B. Stafford Executive Director Board of Real Estate Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact Respondent holds real estate broker license no. 0186475, and was so licensed at all times relevant to this proceeding. However, he did not act in his licensed capacity in any of the transactions discussed herein. Respondent was involved in a corporate business venture with Donald M. and Darlene Pifalo. He believed the Pifalos had improperly diverted funds from the corporation and filed suit accordingly. In December, 1980, while this suit was pending, Respondent filed a notice of lis pendens against various properties owned by the Pifalos. This action encumbered property in which the Pifalos' equity greatly exceeded Respondent's alleged loss in the business venture. There was no evidence that the Pifalos were planning to leave the jurisdiction or would be unable to make any court ordered restitution. Further, the encumbered property was not at issue in this litigation. Finally, Respondent filed the notice of lis pendens on his own volition and not on the advice of counsel. The notice was subsequently dismissed.
Recommendation From the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Petitioner enter a Final Order finding Respondent guilty of violating Subsections 475.25(1)(a) and 475.42(1)(j), Florida Statutes (1979), and fining Respondent $500. DONE and ENTERED this 16th day of April, 1982 in Tallahassee, Florida. R. T. CARPENTER 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 April, 1982.
Findings Of Fact At all times relevant hereto, respondent, Edwin Costa held real estate salesman license number 0017520 issued by petitioner, Department of Professional Regulation, Division of Real Estate. Respondent currently uses his license at a real estate firm located in Ocala, Florida. On March 1, 1983, respondent was arrested on various charges relating to bookmaking. On June 27, 1984, respondent pled nolo contendere to one count of bookmaking (gambling), a third degree felony. Adjudication was withheld and Costa was placed on 18 months probation and fined $10,000. After successfully serving all conditions of his probation, and paying the fine, respondent's probation was terminated on March 25, 1985. Respondent has a number of successful business endeavors in Ocala, Florida. Despite his conviction, a cross-section of businessmen testified they would continue to do business with Costa, and had complete trust and confidence with him. His creditworthiness is still considered excellent by a local bank, and Costa has secured a substantial performance bond since his conviction. His reputation in the community is one of being a moral and honest person, and former clientele would not hesitate to use his services as a realtor.
The Issue The issue for consideration was whether Respondent's license as a real estate salesman in Florida should be disciplined because of the alleged misconduct outlined in the Administrative Complaint filed herein.
Findings Of Fact Respondent Diamond was licensed as a real estate salesman in Florida on November 4, 1957. On April 1, 1978, he renewed his salesman's license in a "non-active" status. Renewal has not been sought again by Respondent nor has any renewal of the license, in any fashion, been accomplished by Petitioner. Respondent has not been notified of the status of his license since March 31, 1980. On or about November 16, 1983, an indictment was filed in the United States District Court for the Southern District of Florida against Respondent and others alleging 48 counts of mail and wire fraud involving the sale of advisory contracts relating to oil and gas leasing operations under the Federal SIMOL program. On November 23, 1983, Respondent was arraigned before United States Magistrate Peter R. Palermo and entered a plea of Not Guilty to the charges laid against him. The indictment in question related to the Respondent in 18 of the 48 Counts. On February 8, 1985, as a result of a trial by jury, Respondent was found guilty of 7 of the 18 Counts laid against him specifically and not guilty of the remaining 11 Counts which related to him. Review of the pertinent Counts of which Respondent was found guilty reflects that these allegations, notwithstanding the terms of the Administrative Complaint filed herein, relate specifically and exclusively to mail fraud only. There is no evidence that Respondent was found guilty of wire fraud. From the date of the conviction up until January 31, 1986, Respondent failed to notify the Florida Real Estate Commission in any way of his conviction as stated above. Respondent admits all the allegations contained in the Administrative Complaint which relate to his guilt of and conviction for mail fraud in his letter requesting hearing in response to the Administrative Complaint. On April 9, 1985, Respondent was sentenced to 2 years imprisonment on each of the 7 counts of which he was found guilty each term to run concurrently, and was ordered to serve his sentence in the Eglin Federal Prison Camp at Eglin AFB, Florida.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore RECOMMENDED that Respondent J. LEONARD DIAMOND's license as a real estate salesman in the State of Florida be revoked. RECOMMENDED this 7th day of March, 1986, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th of March, 1986. COPIES FURNISHED: Sue Hartman, Esquire Division of Real Estate Department of Professional Regulation 400 W. Robinson Street Orlando, Florida 32801 Harold Huff, Exec. Director Division of Real Estate Department of Professional Regulation 400 W. Robinson Street Orlando; Florida 32801 J. Leonard Diamond #12936-004 P. O. Box 800 Eglin AFB, Florida 32542
Findings Of Fact Respondent is a licensed real estate salesman. He has held Florida license number 0046313 at all times relevant to these proceedings. On February 2, 1979, in the Circuit Court of the Fifteenth Judicial Circuit (Florida), Respondent was adjudicated guilty on three counts of failure to register as a securities salesman and three counts of failure to register securities, under Sections 517.03, 517.07, 517.12 and 517.302, F.S. (1973). He was sentenced to five years imprisonment.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Petitioner enter a final order dismissing the Administrative Complaint. DONE AND ENTERED this 18th day of February, 1982, in Tallahassee, Florida. R. T. CARPENTER 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 February, 1982.
Findings Of Fact Respondent is a licensed real estate salesman and was so licensed at all times relevant to this proceeding. However, his license is currently inactive. At the time of the transaction with Des Lauriers in October, 1981, which is the basis for these charges, Respondent was employed by Romill Realty, Inc. with offices in Pompano Beach, Florida. Respondent's supervising broker at that time was David Lee O'Dell. Both Des Lauriers and Respondent are Canadian citizens and had done business in Montreal where Respondent was a securities dealer. Discussions on the purchase of Florida property began in Montreal and eventually resulted in an offer which Respondent arranged between Des Lauriers and his associates as buyers and a Robert G. Lubbers as seller. The property at issue is located in Broward County, Florida. A $30,000 deposit was required and was paid by an associate of Des Lauriers in Canada to Ronald Miller's business account there. Although the $30,000 deposit apparently never reached Florida, Respondent concedes that he did receive it. His supervising broker should have been, but was not, involved in this transaction, nor did he receive this deposit. Subsequently, the offer to Lubbers was rejected and Des Lauriers demanded that Respondent return the $30,000. The money has not been returned. Respondent attempted partial payment at onetime, but his check was dishonored. He eventually transferred his interest in a Florida condominium to Des Lauriers and executed a mortgage on his house in Canada. However, the value of these assets is only about $10,000.
Recommendation Based on the foregoing, it is RECOMMENDED that Petitioner enter a Final Order revoking Respondent's real estate salesman license. DONE and ENTERED this 4th day of May, 1984, in Tallahassee, Florida. R. T. CARPENTER 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 4th day of May, 1984. COPIES FURNISHED: Robert W. Lee, Esquire Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Ronald A. Miller Post Office Box 297 Champlain, New York 12919 Harold Huff, Director Division of Real Estate Post Office Box 1900 Orlando, Florida 32802 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact The Respondent, Ann K. Croasdell, was a registered real estate broker at all times material hereto. She has been issued License No. 0141344. In 1977 or 1978, Respondent met William Young at a neighborhood barbecue. About a year after this initial meeting, Young attended a real estate school owned and operated by Respondent. At that time a business relationship developed between them which lasted until approximately September, 1980. In 1980, Bruce Rhodes, then an investigator with the Maitland Police Department, was assigned a case wherein residences up for sale were being burglarized. There were no signs of forcible entry to these homes and each one had a multi-lock box used by realtors to show the homes. Thus, the person who was burglarizing the homes was referred to as the "multi-lock burglar". During the course of the investigation, evidence was obtained which pointed to William Young as the multi-lock burglar. The evidence consisted of statements from various witnesses. Subsequently, a search warrant was issued and served on William Young's apartment. Young was eventually arrested and pled guilty to grand theft in the second degree and other unrelated charges. He is currently serving a seven and a half year prison sentence at Lawty Correctional Institute, Lawty, Florida. 5.. During the investigation into Young's activities, Respondent was interviewed by the Maitland Police Department on several occasions. The first such interview took place on November 13, 1980, at the Maitland Police Department and was conducted by Sergeant Walter Steeb and Investigator Bruce Rhodes. The Respondent was not under arrest nor was she compelled to appear, but came voluntarily at the request of the Maitland Police Department. At the initial interview, the Respondent acknowledged accompanying Young to residences with multi-locks that were for sale, but stated she did not see Young take anything. On December 1, 1980, the Respondent again appeared at the Maitland Police Department at their request. She again appeared voluntarily and was not under subpoena, under arrest or charged as a suspect. At this December 1, 1980, interview, Respondent gave three separate statements to Investigator Bruce Rhodes of the Maitland Police Department. These statements and her subsequent statements differ substantially from the information she gave to the Maitland Police Department on November 13, 1980. Two of the three December 1, 1980, statements concern the return of property. One statement acknowledged the returning of a set of golf clubs to Officer Rhodes on Thursday, November 20, 1980. In this statement, Respondent stated that while she was with William Young, he entered the garage of a house in Sweetwater and came out with a man's set and a Woman's set of golf clubs which he placed in the trunk of her car. Respondent admitted, both at a prior deposition and at the final hearing, that she knew these golf clubs were stolen. At the deposition, she stated she intended to keep the set of woman's golf clubs, knowing they were stolen. The circumstances surrounding the taking of the golf clubs corroborates the fact that the Respondent knew these clubs were stolen. On the day in question, the Respondent and William Young were out looking at homes and pulled up in the driveway of a house that was for sale. The house had no multi-lock, but Young gained entrance through an open side door to a garage. He entered the garage and removed a man's and a woman's set of golf clubs, which he placed in Respondent's car. Respondent did not go into the garage with Young, but remained in the car. She did, however, get out of the car to open the trunk for Young to put in the two sets of golf clubs. In addition to the facts surrounding the golf clubs, Respondent has also admitted, on several occasions, to having taken two sets of yellow towels from a home in Wekiva. These admissions came in the form of the December 1, 1980, statement made to Bruce Rhodes, and subsequently, at a deposition taken on August 17, 1981, in the case of State of Florida v. William Young. At her deposition of August 17, 1981, Respondent explained how she entered the house with a multi-lock key and took the towel sets which consisted of two towels, two hand towels and two washcloths. Additionally, in response to the question as to whether she stole the two sets of towels, she answered "yes," that she did. Respondent did not alert the authorities to these burglaries, nor did she attempt to turn in the stolen golf clubs or towels. Her only excuse for her activities was a claimed fear of William Young. Although Respondent established that Young was abusive to women, there was no indication that she or a member of her family was in any real danger. Rather, she participated with Young as a willing accomplice.
Recommendation From the foregoing, it is RECOMMENDED: That Petitioner enter a final order suspending Respondent's real estate broker's license for a period of five years. 2/ DONE and ENTERED this 21st day of March, 1983, in Tallahassee, Florida. R.T. CARPENTER 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 21st day of March, 1983.
Findings Of Fact Upon consideration of the documentary evidence adduced at the hearing, the following facts were found: At all times relevant hereto, respondent was licensed as a real estate salesman in the State of Florida having been issued license No. 0204657 which license was inactive and scheduled to expire on March 31, 1983. Respondent's license was renewed on April 1, 1983. On or about May 13, 1983, on Information filed by the office of the State Attorney of the 12th Judicial Circuit in the State of Florida, respondent was charged with the commission of prostitution, lewdness or assignation; contrary to Section 796.07, Florida Statutes. Thereafter, on December 19, 1983, respondent made her appearance in the County Court of Sarasota County, Florida, before the Honorable Robert Stahlschmidt, County Court Judge, and entered a plea of no1o contendere to the charge of prostitution. On the same day, Judge Stahlschmidt, withheld adjudication; sentenced respondent to sixty (60) days in the county jail which was suspended; fined respondent $340, including court costs; placed respondent on supervised probation for a period of one (1) year under the supervision of the Salvation Army Correction Division upon the condition that she serve 50 hours of community services and not be involved in any acts of prostitution.
Recommendation Based upon the findings of facts and conclusions of law recited herein, it is RECOMMENDED that the respondent be found guilty of violation of Section 475.25(1)(f), Florida Statutes, 1983. For such violation, considering the mitigating circumstances surrounding the violation, it is RECOMMENDED that the Board issue a letter of REPRIMAND to the respondent. Respectively submitted and entered this 17th day of May, 1985 in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 17th day of May, 1985. COPIES FURNISHED: James H. Gillis, Esquire Staff Attorney Department of Professional Regulation Division of Real Estate 400 West Robinson Street P.O. Box 1900 Orlando, Florida 32802 Gerald C. Surfus, Esquire 150 East Avenue South Sarasota, Florida 33577 Sharla Speakman Post Office Box 4202 Sarasota, Florida 33578 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Harold Huff Executive Director Department of Professional Regulation Division of Real Estate 400 W. Robinson Street P.O. Box 1900 Orlando, Florida 32802
