The Issue Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaint?
Findings Of Fact On April 18, 1988, the United States District Court for the Western District of North Carolina accepted respondent Robert Gary Hanger's written plea of guilty to an indictment charging him both with conspiracy to unlawfully possess with intent to distribute and with actually distributing 30 kilograms of cocaine "a Sch. II narcotic controlled substance in violation of Title 21, USC, Sections 841(a)(1) & 846 as charged in count 2 of the bill of indictment." Petitioner's Exhibit Number 2. On July 14, 1988, respondent filed an application for a real estate salesman's license. In response to question No. 6 on the application, he reported his arrest and guilty plea to petitioner. Nevertheless, on December 10, 1988, petitioner granted his application and issued the license. On December 19, 1988, Robert D. Potter, Chief Judge, United States District Court for the Western District of North Carolina, adjudicated the respondent guilty and pronounced sentence of 60 months' incarceration to be followed by three years' probation. Later that day Mr. Hanger came into physical possession of the real estate salesman's license for the first time. By letter petitioner received on January 3, 1989, respondent gave notice of his conviction and sentence. Petitioner's Exhibit No. 4. At the time of the hearing Mr. Hanger was incarcerated at a federal prison on the Eglin Air Force Base Reservation.
Recommendation It is, accordingly, and in keeping with Rule 21V- 24.001(l) and (t), Florida Administrative Code. RECOMMENDED: That petitioner suspend respondent's license until he successfully completes probation. DONE and ENTERED this 17th day of November, 1989, in Tallahassee, Florida. ROBERT T. BENTON, II 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 17th day of November, 1989. APPENDIX With respect to petitioner's proposed findings of fact Nos. 1 and 2, respondent did not yet hold a license when he pleaded guilty. Petitioner's proposed findings of fact Nos. 3 through 8 have been adopted, in substance, insofar as material. COPIES FURNISHED: Steven W. Johnson, Esquire Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32802 Robert Gary Hanger, #06948058 Federal Prison Camp Eglin Post Office Box 600 Eglin A.F.B., Florida 32542-7606
Findings Of Fact On May 3, 1982, Petitioner applied to Respondent for licensure as a real estate salesman. Question No. 6 on the application filed by Petitioner read as follows: 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? If yes, state details including the outcome in full. In response to this question, Petitioner answered as follows: Yes--Please see attached letter. [sic] class C felony. I was put on probation for 2 yrs and paid restitution[sic] this occurred in May of 1978. The letter attached to Petitioner's application read, in part, as follows: On May 24, 1978, I was convicted of burglary, a class C Felony, in Circuit Court, Oneida County, Wisconsin. My sentence was withheld and I was placed on probation for two years. The court ordered that I also pay $9 court cost and restitution to the victim. The record in this cause establishes that on February 13, 1978, Petitioner was arrested in Oneida County, Wisconsin, and charged with feloniously entering a building with intent to steal, a felony punishable under Wisconsin law by imprisonment for up to ten years. On May 24, 1978, Petitioner pleaded guilty to the charge of burglary stemming from her arrest. Petitioner was found guilty of burglary, but adjudication was withheld, and she was placed on probation for two years and ordered to make restitution to the victim of her crime. Subsequently, Petitioner made restitution in the amount of $137.45. In addition, she successfully completed her two-year period of probation, and was terminated from probationary status on May 24, 1980, and her civil rights were restored. Subsequent to her arrest and conviction, both during her probationary period and thereafter, Petitioner has diligently pursued employment in a variety of fields in both Wisconsin and in Florida. While on probation in Wisconsin, Petitioner was employed in a mental health center where her duties included working as a receptionist-secretary, receiving clients, receiving telephone calls, setting up appointments for clients, taking care of bill payments, receiving money on behalf of the center, and maintaining confidentiality of client files. Her employers at the mental health center were aware of her arrest and conviction, and closely evaluated Petitioner prior to hiring her, including administering the Minnesota Multiphasic Personality Inventory to determine whether she should be employed. She not only was employed after this analysis, but performed in a highly commendable fashion during the one-year period in which she held this position. Subsequently, Petitioner has worked as a waitress in various restaurants in Wisconsin, and has served as co-manager of a mobile home park in Florida. In the latter position, it was her responsibility for the general upkeep of the park, and to collect rentals and forward them to the park owner. At the time of final hearing, Petitioner was working as a salaried employee of a time-sharing resort development. In this position, she acts as a tour guide and salesperson, and receives deposits from purchasers and remits them to her employer. Petitioner's testimony and demeanor during the course of the final hearing was that of a mature and responsible wife and mother who feels genuine shame and contrition for the mistake which led to her criminal conviction. Her personal history since the date of the offense demonstrates that she has assumed responsibility for her behavior, and has determined to function effectively as a productive member of society. Accordingly, the record in this cause clearly establishes that because of the lapse of time since her conviction and her subsequent good conduct, that the interests of the public and investors would not likely be endangered by allowing her to become registered as a real estate salesperson.
The Issue Whether the Respondent's real estate license #0067819 should be suspended, or whether he should be otherwise disciplined.
Findings Of Fact The Respondent, Jeffry G. Pearl, is a registered real estate salesman and was so registered at all times pertinent to this hearing. An Administrative Complaint was issued against him on June 27, 1979. An answer was filed on July 30, 1979, together with a Motion to Quash and a request for an administrative hearing. The Petitioner Commission forwarded the request to the Division of Administrative Hearings on August 7, 1979. The Motion to Quash was denied September 13, 1979, after review of the Memorandum of Law submitted. Prior to the beginning of the formal hearing, the Respondent re-argued the Motion to Quash, challenging inter alia the constitutionality of the statute under which the complaint was issued. The Motion was again denied. Count II of the previously filed Administrative Complaint was dropped upon an oral motion to amend by the petitioner Commission. On September 15, 1978, Respondent Pearl was arrested and charged with possession of controlled drugs, driving under the influence, and possession with intent to distribute, contrary to Sections 893.13 and 316.193, Florida Statutes. Respondent pleaded guilty on February 9, 1979, to possession of controlled substances [three (3) counts] and was convicted of the offenses on that date. The imposition of sentence was stayed and withheld, and he was placed on probation and released into the custody of the Department of Offender Rehabilitation for a term of five (5) years. The condition of probation was that he pay a fine of $5,000.00. The Respondent is now and has been on probation since February 9, 1979, and is subject to terms and conditions "to be set forth by further order of the court." Respondent Pearl admitted that on September 15, 1978, he was driving in Miami, Florida, and was arrested while under the influence of drugs. A large amount of cash and drugs was found in his automobile. The Respondent admitted that he had been addicted to drugs of all types, including marijuana and cocaine. After his arrest Respondent was imprisoned, but before his case came to trial he entered a hospital in Miami, Florida, and thereafter went to the Palm Beach Institute, a treatment center aligned with Alcoholics Anonymous and Narcotics Anonymous. He was discharged from the Palm Beach Institute in January of 1979, and has continued treatment on an outpatient basis. The Respondent stated that he has been drug-free since January of 1979, and that he started back to work with Miami Beach Realty on a full-time basis in April of 1979. Respondent Pearl presented as a witness Dr. Jose Almedia, a physician specializing in psychiatry. Dr. Almedia stated that the Respondent had not taken drugs of any kind to his knowledge from October of 1978, to September of 1979. He said that the Respondent is at present mentally clear, pleased with himself and his family, and that he is a completely different person from the time he first saw him in 1978. Dr. Almedia said that he believes the Respondent has turned his life around, and that since he has a job and goals the Respondent now has something for which to look forward. A second witness for Respondent Pearl was Melvin Black, an attorney specializing in criminal law. Mr. Black stated that the Respondent had originally been incarcerated for about a week, and that after he, as Respondent's attorney, had obtained a bond for the Respondent he became concerned not only with the criminal charges against the Respondent but also with his well-being. Black advised the presiding judge that Respondent Pearl was undergoing treatment, that he had voluntarily admitted himself for treatment, and the circuit judge had postponed the proceedings pending the completion of the treatment. Thereafter, about five (5) months later, a plea of guilty to the three (3) counts of possession of drugs was entered. Charges as to driving under the influence and possession with intent to distribute were not pressed. The probationary sentence and fine were the results of Respondent Pearl's conviction on the charges to which he had pleaded guilty. Certified copies of said conviction were entered into evidence. Respondent submitted a memorandum of law on December 7, 1979. The memorandum has been considered in the writing of this order. No memorandum was submitted by the Petitioner Board.
Recommendation Inasmuch as the Respondent, Jeffry G. Pearl, has embarked on a strenuous period of rehabilitation and appears to be successful at this point in time, it is recommended that his license be suspended for a period of sixty (60) days from the date of this order, and that after the expiration of said suspension an investigation be made by the Petitioner Commission to determine whether such suspension should be extended. DONE and ORDERED this 19th day of December, 1979, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of December, 1979. COPIES FURNISHED: Mark A. Grimes, Esquire Board of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Scott T. Eber, Esquire 151 South East 14th Terrace Miami, Florida 33131
The Issue Whether or not the Respondent, William A. Mannilla, Jr., should have his real estate salesman's license suspended for the alleged adjudication of guilt in the United States District Court for the Southern District of Florida on the offense of importing a Schedule II controlled substance, cocaine, in violation of Title 21, United States Code, Section 846, which is allegedly a crime of moral turpitude, fraudulent or dishonest dealing in violation of 475.25(1)(e), F. S. Whether of not the Respondent, William A. Mannilla, Jr., should have his real estate salesman's license revoked for allegedly being committed to the custody of the Attorney General of the United States of his authorized representative, for imprisonment beginning on or about June 29, 1976, which allegedly is a violation of 475.25(2), F.S.
Findings Of Fact Beginning July 12, 1974 and continuing through September 30, 1976, the Respondent, William A. Mannilla, Jr., was a holder of a real estate salesman's license, certificate no. 0136035, held with the State of Florida, Department of professional and Occupational Regulation, Florida Real Estate Commission. On June 8, 1976 the Respondent, appeared before the United States District Court, for the Southern District of Florida, and entered a plea of guilty and was convicted of the offense of importing a controlled substance, a Schedule II, controlled substance, cocaine, in violation of Title 21, U.S.C. Section 846. The sentence was imposed against the Respondent in the name of William Anthony Mannilla. It was further adjudicated that the Respondent be committed to the custody of the Attorney General or his authorized representative for treatment and supervision pursuant to the Federal Youth Corrections Act, Title 18, U.S.C., Chapter 402, Section 5010(b) as made applicable by the Young Adult Offender provisions of Title 18, U.S.C., Section 4216, until discharged by the Youth Correction Division as provided in Section 5017(c) of the aforementioned Chapter. The sentence of confinement began on June 29, 1976 when the Respondent reported to the Federal Correction Institution, Tallahassee, Florida. Subsequently, the Respondent was confined under the sentence at the Federal Correctional Institution, 15801 Southwest 137th Avenue, South Miami, Florida, and was so confined on the date of the hearing.
Recommendation Based upon the conclusions of law, it is recommended that the license of William A. Mannilla, Jr., a/k/a William Anthony Mannilla, as a real estate salesman, certificate no. 0136035 held with the State of Florida, Department of professional and Occupational Regulation, Florida Real Estate Commission, be revoked. DONE AND ENTERED this 8th day of April, 1977, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Bruce Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Collin Guy, Esquire 12700 Biscayne Boulevard Suite 410 North Miami, Florida 33181 William A. Mannilla, Jr. c/o Warden W. J. Kenney Federal Correctional Institution 15801 Southwest 137th Avenue Miami, Florida 33177
The Issue Whether the registration of Respondent Bernard C. Moskowitz should be suspended or revoked for having been guilty of state and federal crimes involving moral turpitude and fraudulent and dishonest dealing more particularly stated in the Administrative Complaint filed by the Florida Real Estate Commission on August 27, 1976. At the commencement of the hearing, Respondent was advised by the Hearing Officer as to his rights as a Respondent to present evidence, cross-examine witnesses and testify in his own behalf if he so desired. He was also advised as to his right to have counsel represent him at his own expense. He acknowledged his understanding of rights and elected to proceed in his own behalf.
Findings Of Fact Respondent is a registered real estate salesman, Certificate No. 36745, and was so registered at all times alleged in the Complaint. (Petitioner's Exhibit 1). On December 17, 1974, Respondent, in case styled United States of America v. Bernard Moskowitz, Docket No. 74-570-CR-PF, United States District Court for the Southern District of Florida, was found guilty on two counts of knowingly and intentionally distributing a controlled substance, to wit: dilaudid, a schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 841(a)(1). The two offenses were committed on or about October 13 and October 18, 1972, in Dade County, Florida. On February 28, 1975, Respondent was sentenced and thereafter was confined in the Federal Prison at Eglin Air Force Base, Florida, from November 14, 1975 to March 26, 1976. (Petitioner's Composite Exhibit 2). On July 11, 1975, after entering a plea of nolo contendere, Respondent was adjudged guilty of the criminal offense of extortion in Case No. 73-8508, State of Florida vs. Bernard Carl Moskowitz, in the Circuit Court of the Eleventh Judicial Circuit, Dade County, Florida, and was sentenced to be imprisoned by confinement at hard labor in the Dade County Jail for a term of twelve (12) months, to run concurrently with the sentence imposed by the United States District Court, Southern District of Florida in Case No. 74-570-CR-PF, provided that after having served six months of that sentence, the remaining six months to be stayed and withheld and Respondent to be placed on probation and released into the custody of the Florida Probation and Parole Commission for a period of two years. (Petitioner's Exhibit 3). Respondent testified as a witness at the hearing and presented various documents bearing upon the merits of his criminal trials. Respondent is currently on both federal and state probation. (Testimony of Respondent, Respondent's Exhibit 1 through 8).
Recommendation That the registration of Respondent Bernard C. Moskowitz as a real estate salesman be suspended for a period of one year under the authority of Section 475.25(1)(e), Florida Statutes. DONE and ENTERED this 31st day of December, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM 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 31st day of December, 1976.
Findings Of Fact Based on the evidence presented at hearing, the Hearing Officer makes the following findings of fact: Phillip S. Wong is a convicted felon. On December 6, 1982, after entering a plea of guilty, he was adjudicated guilty of one count of each of the following crimes: aggravated assault with a deadly weapon without intent to kill, in violation of Section 784.021(1)(a), Florida Statutes; false imprisonment, in violation of Section 787.02, Florida Statutes; burglary of a dwelling during which an assault was made, in violation of Section 810.02, Florida Statutes; conspiracy to commit a felony, to wit: trafficking in cocaine, in violation of Sections 777.04 and 893.135, Florida Statutes; trafficking in cocaine, in violation of Section 893.135, Florida Statutes; and possession of cocaine with the intent to sell, in violation of Section 893.13, Florida Statues. For these offenses, all of which were committed in August of 1982, Wong received five 1/ separate three-year sentences of imprisonment that ran concurrently with one another. As a prisoner, Wong's conduct was exemplary. Accordingly, in May, 1984, he was placed in a work release program. He completed serving his sentence in September, 1985. Since his return to the community, Wong has married and become a father. To help support his family, he works as a chef in a French restaurant, a position he has held for the past four and a half years. Wong is now a dedicated family man concerned about the welfare of his wife and their two and a half year old child. This concern has prompted him to seek a career in real estate so that he will be better able to provide for his family.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a Final Order denying Petitioner's application for licensure to practice as a real estate salesman, without prejudice to Petitioner filing a subsequent application when he is able to show that his rehabilitation is sufficiently complete to entitle him to such licensure. See Karl v. Florida Real Estate Commission, 229 So.2d 610, 611 (Fla. 3d DCA 1969)(Commission may not preclude an applicant whose application has been denied because of a prior felony conviction from reapplying for licensure and showing subsequent rehabilitation). DONE and ENTERED this 10th day of April 1989, in Tallahassee, Leon County, Florida. STUART M. LERNER 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 10th day of April, 1989.
The Issue Whether Petitioner has demonstrated that he is honest, truthful, trustworthy, of good character and has a good reputation for fair dealing as required by Section 475.17(1), Florida Statutes.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, a consideration of the post-hearing memoranda and the entire record compiled herein, the following relevant facts are found. On February 13, 1982, Petitioner filed an application for licensure as a real estate salesman with the Commission. Petitioner, prior to moving to Florida, was employed as a deputy sheriff for the Los Angeles County (California) Sheriff's Department for approximately seven (7) years. He was honorably discharged from the Sheriff's Department. By letter dated April 27, 1982, the Commission denied Petitioner's application, stating therein that the specific reasons for its (the Commission's) actions were based on his answer to question number six (6) of the licensing application. The application form for licensure as a real estate salesman includes a question number six (.6), which inquires: 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 . . . without regard to whether convicted, sentenced, pardoned or paroled? The Petitioner responded "yes" to the inquiry. The question goes on to request: "If yes, state details, including the outcome in full." In response to this inquiry, Petitioner submitted the following: "Possession of a counterfeit substance, not found guilty, terms of probation, expunged record." Respondent's Exhibit No. 1, a certified copy of judgment and sentence, shows that Petitioner pled nolo contendere to the charge of sale of counterfeit controlled substance, Section 817.563, Florida Statutes, and on February 12, 1982, was sentenced to five (5) years of probation with the Florida Department of Corrections. Adjudication of guilt was withheld. Petitioner is presently serving the five (5) years of probation. (Tr. pp. 15-16) Petitioner acknowledges that the court informed him as to the charges against him in open court. (Tr. p. 26) Petitioner claims that he pled no contest to possession of a counterfeit controlled substance. Finally, Petitioner admitted that the arrest record for sale of a counterfeit controlled substance was not expunged. (Tr. p. 22) Petitioner has appealed the order of court on constitutional grounds and stated his belief that expungement will be granted upon satisfactory completion of his probationary term. At present however, his record relative to that charge has not been expunged.
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 denying Dwayne Lee Hill's application for a real estate license pursuant to Subsection 475.17(1), Florida Statutes. DONE and RECOMMENDED this 19th day of October, 1982, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of October, 1982.
Findings Of Fact Based on the exhibits received in evidence and on the testimony of the only witness called at the hearing, I make the following findings of fact. Respondent is now and was at all times material hereto a licensed real estate salesman in the state of Florida having been issued license number 0447789 in accordance with Chapter 475, Florida Statutes. The last license issued was as a salesman, c/o Commercial Investment Real Estate, Inc., 1804 Riverview Drive, Post Office Box 3847, Indialantic, Florida 32901. On May 12, 1986, in the United States District Court, Western District of Virginia Roanoke, the Respondent was found guilty of one (1) count of conspiracy to distribute drugs and one (1) count of interstate travel to promote illegal activity in violation of federal law, whereupon the Respondent was sentenced to three (3) years confinement, a $5,000 fine, and three (3) years probation upon release from custody. The Respondent timely notified the Florida Real Estate Commission of the felony convictions. As a result of the foregoing convictions, the Respondent is presently confined to a federal prison. Am appeal of the foregoing convictions is presently pending before a federal appellate court. Respondent's wife, who has not been charged with any violations, is presently employed as a licensed real estate salesperson in Florida. Inasmuch as her last name is the same as Respondent's last name, Respondent is concerned that publication in the FREC newsletter of news regarding discipline imposed on Respondent would have a negative impact on his wife's business reputation.
Recommendation Based on all of the foregoing, it is recommended that the Florida Real Estate Commission enter a final order in this case to the following effect: Finding the Respondent guilty of viola- tions of Section 475.25(1)(f) and (n), Florida Statutes, as charged; Suspending the Respondent's license for a period of five (5) years; Providing that in the event the appeal of Respondent's criminal convictions is successful, the suspension of Respondent's license will be rescinded; and Providing that notice of disciplinary action against Respondent will not be published in the Commission's newsletter until the appeal of Respondent's criminal convictions is final, and then only if that appeal is unsuccessful. DONE AND ENTERED this 18th day of March, 1987, at Tallahassee, Florida. M. M. PARRISH 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 18th day of March, 1987. COPIES FURNISHED: James H. Gillis, Esquire Department of Professional Regulation 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802 Mr. James E. Stivers 31492-083 Post Office 600 Dorm 1 F.P.C. Eglin Eglin AFB, Florida 32542 Harold Huff, Executive Director Division of Real Estate Florida Real Estate Commission 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802 Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
