Findings Of Fact Joseph Pine is a registered real estate salesman holding license certificate number 0131432 and was so registered on December 6, 1976. Joseph Pine entered a plea of guilty to the possession of a controlled substance, cannabis, over five (5) grams. The court withheld adjudication and placed Pine on supervised probation for three (3) years because Pine was living in Quba, Netherlands Antilles. The possession of a controlled substance, cannabis, is a violation of Section 893.13(1)(a)2., Florida Statutes. This is a felony of the third degree.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends the case be dismissed and no action be taken. DONE and ORDERED this 7th day of November, 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 7th day of November, 1977. COPIES FURNISHED: Manuel E. Oliver, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Harry L. Garber, Esquire Garber & Buoniconti, P.A. 1040 City National Bank Building 25 West Flagler Street Miami, Florida 33130
The Issue The issue to determine in this matter is whether Petitioner Darryl Maurice Young’s application for real estate license should be denied for the reasons stated in Respondent Department of Business Regulation, Florida Real Estate Commission’s (Commission), Notice of Intent to Deny, rendered April 5, 2018.
Findings Of Fact On January 22, 2018, Mr. Young submitted a State of Florida, Department of Business and Professional Regulation, Florida Real Estate Commission, Application for Sales Associate License, Form # DBPR RE 1. Background question 1, in Mr. Young’s application, asks, in part: Have you ever been convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? Mr. Young provided the following explanation for Background question 1: DUI Manslaughter Duval/Orlando, Florida 20 years in prison; 1 year probation May 3, 1997. Additionally, the Commission presented, through FDLE and court records, Mr. Young’s lengthy past criminal offenses and convictions, dating 2/07/1987 back to 1987: Petty theft with prior 2/17/1987 Petty theft 6/01/1987 Burglary (dismissed when pled to above charges) 11/04/1987 Petty theft (merchandise) 8/29/1988 Burglary Petty theft and prior jail offenses Convicted/committed to prison 10/26/1988 Petty theft with priors CA Medical Facility Sentence - 1 year, 4 months 1/02/1991 Petty theft with priors Sentence - 2 years, state prison 1/30/1991 Petty theft Sentence – state prison 3/26/1992 Petty theft with priors Sentence - state prison 8/10/1995 Shoplifting/petit theft Resisting merchant Convicted of both misdemeanors 6/18/1996 Aggravated assault with weapon Felony conviction 7/08/1996 Fraud – failure to deliver a hired vehicle Felony conviction 5/03/1997 Resisting officer with violence Felony conviction 7/22/1997 Violation of Probation (Fraud) Felony conviction 8/22/1997 Violation of Probation (DUI Manslaughter) Felony conviction 8/22/1997 Leaving the scene of an accident Felony conviction 7/13/1999 DUI Manslaughter DUI with serious bodily injury Felony conviction Sentence - 20 years, 5 months, and 7 days While in prison for the 20-plus year sentence for DUI Manslaughter, Mr. Young completed a substance abuse program, and a faith-based residential program. The Florida Department of Corrections discharged Mr. Young from supervision (probation) on April 25, 2016. Michelle Gordon testified that she has known Mr. Young since his release from prison, has had a friendly working relationship with Mr. Young, and that she shared a few culinary classes with him. She further testified that he was a helpful and nice person. Tracy Pray testified that she too has known Mr. Young since his release from prison, and that Mr. Young had assisted her in obtaining a food truck, and that they worked together for about two years. Ms. Pray testified that Mr. Young voluntarily helped her complete the paperwork for the food truck operation. Geneva Carter testified that she works for PRIDE Enterprises as a transition specialist. She testified that she helped Mr. Young gain some useful work experience while he was incarcerated. Ms. Carter further testified that she met with him briefly on two occasions after his release to help him make the transition from prison to working outside of prison. Petitioner failed to establish the following requirements for a real estate sales associate license: that he is honest, trustworthy, of good character, has a reputation for fair dealing, and he is competent and qualified to make real estate transactions and conduct negotiations with safety to investors and others. Petitioner also failed to overcome the disqualification for eligibility found in section 475.25(1)(f), which results from convictions to multiple crimes involving moral turpitude or fraudulent or dishonest dealing. Based on Mr. Young’s failure to appear and offer evidence, there is no evidentiary basis on which findings can be made that he satisfied the requirements for a real estate sales associate license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the undersigned RECOMMENDS that the Commission issue a final order deny Mr. Young’s application for licensure as a real estate sales associate. DONE AND ENTERED this 31st day of May, 2019, in Tallahassee, Leon County, Florida. S ROBERT J. TELFER III Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 31st day of May, 2019.
The Issue The issue presented for decision herein is whether or not Petitioner's application for licensure as a Real Estate Salesman should be approved.
Findings Of Fact Based on my observation of the Petitioner and his demeanor while testifying, documentary evidence received and the entire record compiled herein, I make the following relevant factual findings. On approximately February 12, 1987, Petitioner filed an application to take the Florida real estate salesman's examination. In answering Question #6 of the application, regarding applicant's criminal record, Petitioner answered in the affirmative. Petitioner set forth the details, stating: "On May 14, 1985, plead (sic) nolo contendere to the offense of sexual battery. Through plea bargaining was sentenced to 10 years probation, which I am currently in good standing. Case was instituted by my sons (sic) girlfriend, who was living in my home. I had no witnesses in my behalf, made plea through the Public defenders (sic) office (I was not guilty)." (Respondent's Composite Exhibit 1) During the hearing, Petitioner admitted that he affirmatively responded to Question #6 on the license application and, in explanation, states that he was unable to retain an attorney when charged and he, upon advice of a public defender, entered the nolo contendere plea as a "plea of convenience". Petitioner did not present any witnesses at the hearing other than his testimony on his behalf. Petitioner denied that he was guilty of the crime that he was charged and related that his son and his girlfriend lived with him from approximately 1969 through 1980. Sometime during 1980, the son became a "problem child" and was unmanageable. For that reason, the son was placed in the care and custody of the Department of Health and Rehabilitative Services (HRS). Petitioner again took custody of the son when he reached his seventeenth birthday so that the son and his girlfriend could live with him during commencing September 30, 1983. Approximately one year later, during April, 1984, he was charged with the crime of sexual battery. In mitigation, Petitioner avers that he is in good standing with his probation officer and that he was formerly a police officer with the Miami Police Department. Petitioner offered no corroborating witnesses or other independent evidence to refute the charges or to otherwise offer testimony as to rehabilitation of his character.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: Petitioner's application to take the Real Estate License Examination be DENIED. RECOMMENDED this 28th day of January, 1988, 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 28th day of January, 1988. COPIES FURNISHED: Manuel E. Oliver, Esquire Department of Professional Regulation Assistant Attorney General Suite 212, 400 West Robinson Street Orlando, Florida 32801 William F. Demler 11532 Terra Bella Boulevard Plantation, Florida 33325 Harold Huff, Executive Director Department of Professional Regulation Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Tom Gallagher, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0760 William ONeil Department of Professional Regulation General Counsel 130 North Monroe Street Tallahassee, Florida 32399-0860
Findings Of Fact While in Puerto Rico, in 1971, the Respondent was charged with violation of Article 29, Drug and Narcotics Law, which charges were brought in the Superior Court of Puerto Rico, Court of Aguadilla. These case numbers were information numbers, G-71-54 and G-71-55. These charges were made on March 9, 1971 for alleged offenses which were committed on February 16, 1971. The information which shows these case numbers can be found in Petitioner's Exhibit "D", admitted into evidence. On March 10, 1971, the Respondent was found guilty of the offenses charged in cases G-71-54 and G-71-55. The record shows that in case no. G-71-54, the Respondent was convicted by a judgement entered on March 10, 1971. On April 14, 1971, in case number G-71-54 and case number G-71-55 the Superior Court, of Puerto Rico, Court of Aguadilla, sentenced the Respondent to a term of five to eight years in prison by confinement at hard labor, which sentences were suspended. By such suspension, the Respondent was committed to the legal custody of the court until the expiration of the maximum term of the sentence under certain general conditions for the Respondent's conduct, and was given a special condition that he contact the Florida Parole and Probation Commission, District Office, at Room 180, Courthouse, Ft. Lauderdale, Florida. The judgement in case number G-71-54 and the conditions of sentence may be found in Petitioner's Exhibit "F", admitted into evidence. The judgement in case number G-71-55 may be found in Petitioner's Exhibit "E" admitted into evidence. On September 16, 1973, the Respondent completed an application for registration as a real estate salesman with the Florida Real Estate Commission, which application was completed under oath. Within that application for registration is found a question number "9". This question reads as follows: "9. 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, without regard to whether sentence has been passed or served, or whether the verdict or judgement has been reversed or set aside or not, or pardon or parole granted?" to which the Respondent replied, "yes". Question nine further stated, "if yes state details in full", to which the Respondent replied, "(see attached statement)". The attachment spoken of is found in the Petitioner's Exhibit "C", and this attachment sets forth the Respondent's explanation of his answer to the initial part of question nine. Subsequent to the completion of the form the Respondent was registered with the Florida Real Estate Commission as a real estate salesman, from February 21, 1974 through March 31, 1975. From May 8, 1975, up to, and including March 31, 1975, the Respondent has been accepted as a registrant, non-active real estate salesman.
Recommendation It is recommended that the Respondent be released from accountability under the charge found in the subject administrative complaint. DONE and ENTERED this 20th day of July, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Louis B. Guttmann, III, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Charles Lawrence Ross 3789 Southwest 41st Street Hollywood, Florida 33023
The Issue The issue posed for decision herein is whether or not the Respondent's license to practice real estate should be revoked based on conduct set forth hereinafter.
Findings Of Fact Based upon the testimony adduced at the hearing and the witnesses' demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found. Based on its Administrative Complaint filed herein dated July 28, 1981, the Florida Real Estate Commission (Petitioner) seeks to revoke Respondent's license to practice real estate based on his having been found guilty of a crime involving moral turpitude and fraudulent or dishonest dealing, in violation of Subsection 475.25(1)(f), Florida Statutes (1979), and his (Respondent) having been confined to a state or federal prison, in violation of Subsection 475.25(1)(m), Florida Statutes (1979). The Respondent, Joel L. Steiner, is a registered real estate salesman and has been issued License No. 0150824 by the Petitioner. The Administrative Complaint filed herein alleges that during the period June 1, 1976, and continuing through March 23, 1977, Respondent, for the purpose of executing a scheme and artifice to defraud the public, caused mails and other matters to be sent from the New York office of Crown Colony in New York, New York 1/ , to be placed in post offices and authorized depositories for mail matter to be delivered by mail by the United States Postal Service. As a result of those actions, Respondent was indicted by the United States District Court for the Southern District of New York and charged with a violation of Title XVIII, United States Code, Sections 1341 and 1342, to wit, the use of the mails in a scheme to defraud. Following a trial, Respondent, on January 28, 1981, was found guilty as charged of the offense of the use of the mails in a scheme to defraud and was committed for imprisonment for a period of eighteen (18) months and ordered to pay a fine to the United States in the amount of $12,000.00. (Petitioner's Exhibits 2 and 3 and testimony of Postal Inspector John Muhelberg.) Respondent appeared through counsel; however, no evidence was offered by Respondent in defense of the charges after Petitioner's case in chief.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Respondent's License No. 0150824 to practice real estate as a salesman be REVOKED. RECOMMENDED this 18th day of August, 1982, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of August, 1982.
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.
Findings Of Fact Petitioner is a regulatory agency of the State of Florida charged with the responsibility of investigating and processing applications for licensure of real estate salesmen in the State of Florida. On February 20, 1989, Petitioner filed an application with Respondent seeking licensure in the State of Florida as a real estate salesman. Question 7 of the application form required Petitioner to disclose whether he had ever been convicted of a crime, had been found guilty of a crime, or had entered a plea of guilty or nolo contendere to a crime. The question explicitly applied to any violation of the laws of any municipality, county, state or nation, including traffic offenses (except parking, speeding, inspection, or traffic signal violations), without regard to whether the applicant had been placed on probation, had had adjudication withheld, had been paroled, or had been pardoned. Petitioner disclosed the following violations of law in his handwritten response to Question 7: In 1985, attempted possession of cocaine less than 1 gram for which he received 60 days probation; In 1985, disorderly intoxication for which he received three months probation; In 1985, speeding for which he received a fine; In 1985, vandalism for which no disposition was shown; In 1986, violation of probation for which no disposition was shown, and In 1986, possession of a stolen automobile tag for which he received two years probation. Petitioner failed to disclose the following violations of law in his response to question 7: In 1977, sexual battery for which he was placed on five years probation; In 1980, violation of probation; and In 1980, driving under the influence of alcohol for which he received six months probation and a fine of $100. Petitioner knew that he had committed the undisclosed offenses and he knew that he had not listed the undisclosed offenses in response to question 7. Petitioner could not justify his failure to list the undisclosed violations in his response to question 7. Respondent's denial of Petitioner's application was based on the violations of law disclosed by Petitioner, on the violations of law Petitioner failed to disclose, and on the failure of Petitioner to disclose violations of law. Following the denial of his application, Petitioner timely requested a formal hearing. This proceeding followed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Department of Professional Regulation, Florida Real Estate Commission, enter a final order which denies Petitioner's application for licensure as a real estate salesman in the State of Florida. DONE and ORDERED this 28th day of September, 1989, in Tallahassee, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of September, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-3180 The following rulings are made on the proposed findings of fact contained in the Proposed Recommended Order submitted by Respondent: The proposed findings of fact of paragraphs 1-3 are accepted. The proposed findings of fact of paragraph 4 that the charge of sexual battery was reduced to attempted sexual battery is rejected because there was no evidence that the charge was reduced. The remaining proposed findings of fact in paragraph 4 are accepted. The proposed findings in paragraph 5 are rejected as being recitation of testimony and as being subordinate to the findings made in paragraph 6 of the Recommended Order. The proposed findings of paragraph 6 are accepted as part of the Preliminary Statement of the Recommended Order, but they are rejected as findings of fact as being unnecessary to the result reached. COPIES FURNISHED: Jack P. Hardin 722 Fernwood Drive West Palm Beach, Florida 32801 Manuel E. Oliver, Esquire Assistant Attorney General Suite 212, 400 West Robinson Orlando, Florida 33405 Kenneth E. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Darlene F. Keller, Division Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801
Findings Of Fact On July 3, 1985, Petitioner applied for licensure as a real estate salesman with the Florida Real Estate Commission. On this application Petitioner responded "yes" to Question 6 of the application form which asked if he had ever been convicted of a crime. The details of the conviction supplied by Petitioner, that he had been convicted of delivery of paraphernalia, adjudication was withheld, he was fined $1,000 and placed on probation for five years, were also accurate. At the time of his arrest Petitioner and his brother were partners in a record store. For sale in this store was a milk sugar known as Mannitol. Unbeknownst to Petitioner prior to his arrest, Mannitol is a controlled substance. Drug paraphernalia, the delivery of which Petitioner was arrested and brought to trial, was this Mannitol that was in the record store for sale. At his trial on March 18, 1985, Petitioner pleaded guilty to the charge against him, adjudication of guilt was withheld, he was fined $1,000 which he has paid, and he was placed on probation for five years. This is the only time Petitioner has ever been arrested. He has fully complied with all terms of his parole and his probation officer will recommend an early termination of his parole in March 1987 (Exhibit 6). Subsequent to his trial Petitioner has sold his interest in the record store and disassociated himself from any business dealings with his brother. He is currently employed as a planning technician with the Lee County Zoning Department. Petitioner is 34 years old, has been married for five years, and is the father of a 2-1/2 year old son. He has owned a residence in Lee County for 10 years. References submitted by Petitioner to the effect that Petitioner was honest and trustworthy were submitted by individuals who were aware of his arrest and trial. This one arrest for delivering a substance that Petitioner was not even aware was illegal does not establish that Petitioner is not honest, truthful, trustworthy, and of good character. To the contrary, from the evidence presented at the hearing, Petitioner has those qualities necessary for licensure as a real estate salesman.
