Recommendation Based, upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission revoke the registration of Lawrence R. Cole as a registered real estate salesman. DONE and ORDERED this 12th day of August, 1977, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Vaughan David Hulse, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Lawrence R. Cole c/o Leslie L. White 1924 Courtland Street Orlando, Florida 32810
Findings Of Fact Respondent, Kenneth Wade Willingham, made application to the State of Florida, Department of Professional Regulation, then Board of Real Estate, for licensure as a real estate salesman. (The Board of Real Estate has become the Florida Real Estate Commission.) A copy of the application may be found as Petitioners Exhibit No. 1, admitted into evidence. In the course of the application, the Respondent is asked: Have you ever been arrested for, or charged with, the commission of an offense against the laws of any munici- pality, state or nation including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled? If yes, state details including the outcome in full: In response to that inquiry, Respondent indicated "DWI in March 1974." Respondent executed the application form by placing his signature on the document to include notarization of his signature in which he stated that he had "carefully read the aforegoing application" and that the answers were true and correct." In the course of the hearing, Respondent verified that he had read the application form to include question number six (6) and had filled in the information set forth in the application. The offense of DWI which occurred in March, 1974, was one in which Respondent entered into a plea bargaining arrangement and was fined and placed upon probation, which probation was successfully completed. No jail sentence was served. On May 24, 1982, the Administrative Complaint, which is the subject of this action, was filed against Respondent and through that complaint it was alleged that Respondent had failed to reveal: arrest on April 25, 1970 in St. Joseph, Missouri, for drunk and disorderly conduct and being found guilty thereof. arrest on April 15, 1972 in Oklahoma City, Oklahoma, for larceny of a motorcycle. arrest on September 28, 1980 in St. Augustine, Florida, for aggravated assault and driving while intoxicated. Respondent requested a Subsection 120.57(1), Florida Statutes, hearing to dispute those allegations and that hearing was conducted on October 6, 1982. On the subject of the alleged arrest of April 25, 1970, in St. Joseph, Missouri, for drunk and disorderly conduct and a finding of guilt for that offense, no proof was offered of an arrest for such an offense, independent of Respondent's testimony and he disclaims those allegations. Petitioner does acknowledge having been arrested in 1972, in Oklahoma City, Oklahoma, involving an incident related to larceny of a motorcycle. He spent ten (10) days in jail for that matter, after having been fingerprinted. Respondent served one (1) or two (2) years of probation for the incident; however, he disavows responsibility for larceny of a motor vehicle. No other proof was presented. As alleged, in 1980, in St. Augustine, Florida, Respondent was arrested for driving while intoxicated and for aggravated assault. In that matter, the Respondent was engaged in a fight and after the fight, drove away from the scene and was apprehended for driving while intoxicated. He was fined at least $1,500-$1,800 and lost his driver's license for one (1) year and spent one (1) night in jail. He is unaware of any probationary period associated with those events and no further evidence was presented by Petitioner on the subject of this arrest. When questioned about his failure to include the Oklahoma City, Oklahoma, incident and that matter in St. Augustine, Florida, in the years 1972 and 1980, respectively, Respondent indicated that "apparently I did not understand the magnitude of the essence of this question no. 6 and the way it is worded." At the time of the hearing, Respondent was a boiler- maker/welder and had a part-time job as a real estate salesman working for Bill Kenyon, Ace Real Estate in St. Augustine Beach, Florida.
The Issue 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.
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 upon my observation of the witness and their demeanor while testifying, the following; relevant facts are found. Mitchell E. Verdell is registered with the Florida Board of Real Estate as a salesman. On or about July 17, 1978, the Respondent, Mitchell E. Verdell, filed with the then Florida Real Estate Commission, now Board of Real Estate, an application for registration as a Real Estate Salesman. (Petitioner's Composite Exhibit 2.) On the Respondent's application for licensure, he failed to disclose that he had been arrested in Daytona Beach, Florida, on May 7, 1974, and tried for unlawful possession of marijuana. Respondent entered a plea of guilty to possession of a controlled substance over five (5) grams for which he was place on probation for a period of two (2) years and an adjudication of guilt was withheld. (Petitioner's Exhibit 3.) Mitchell E. Verdell appeared and testified that his only witness, his probation officer, was ill and thus could not appear at the hearing. Mr. Verdell acknowledged his failure to disclose on his application for licensure with the Board the fact that he appeared in court on a charge of possession of a controlled substance. He also acknowledged the fact that he was placed on two (2) years probation. His probation officer, Bill Gross, advised Mr. Verdell with reference to his conviction and the manner in which he should handle it that since the judge withheld adjudication, he should never disclose it for a job when questions respecting his arrest were asked. He testified that he relied on Officer Gross, who bad been a probation officer for a few decades. (TR 9-10)
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby, RECOMMENDED: That the Respondent, Mitchell E. Verdell's license to practice real estate as a salesman be REVOKED without prejudice to filing an application that is proper. RECOMMENDED this 11th day of October, 1979, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Fred Langford, Esquire Department of Professional Regulation Board of Real Estate Post Office Pox 1900 Orlando, Florida 32802 Glenn Anderson, Esquire Post Office Pox 9159 Winter Haven, Florida 33880
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 Joseph Matrascia, Respondent, is registered with FBRE as a broker- salesman and was so registered at all times here involved. On 22 September 1976, Respondent was found guilty in the Circuit Court of the 11th Judicial Circuit in and for Dade County, of the offense of receiving stolen property (Exhibit 1) and of obstructing an officer in the service of process. He was sentenced to two years confinement in the State penitentiary followed by a 6 months sentence and three years probation. This judgment was affirmed on appeal. Petitioner is presently attempting to obtain a new trial on the basis of newly discovered evidence.
The Issue The issue is whether the Petitioner, Walter L. Jordan, (Jordan) is entitled to licensure as a real estate salesman in the State of Florida. Petitioner presented his own testimony. Respondent, Department of Professional Regulation, Florida Real Estate Commission, (Commission) had two exhibits admitted in evidence. The transcript of the proceedings was filed on November 18, 1987. At hearing the parties agreed to file proposed orders within ten days of the filing of the transcript The Commission's proposed order was filed on December 2, 1987, and is therefore untimely. Jordan has failed to file a proposed order. Accordingly, while the Commission has filed a proposed order, it has not been considered and no rulings will be made on the Commission's proposed findings of fact.
Findings Of Fact Jordan filed an application for a real estate salesman's license on or about February 14, 1987. In that application, Jordan acknowledged an arrest and conviction for possession of marijuana on February 12, 1976; an arrest and conviction for possession of a firearm in October, 1983; an arrest for aggravated assault in October, 1983, which was allegedly withdrawn by the prosecuting authority; and an arrest and conviction for breach of peace and disorderly intoxication in April, 1984. Based upon these convictions, the Commission denied Jordan's application by letter dated August 27, 1987. Jordan acknowledges these arrests and convictions, but does not believe he should be disqualified from licensure based on "two misdemeanors and one adjudication withheld." Further Jordan testified that it [the convictions] "doesn't prove I'm the best character in the world, but that's no real mar on my character, I wouldn't assume." Jordan presented no evidence of rehabilitation except that he worked for a company named Hubbard from June, 1986, to December, 1986; he was self- employed or unemployed from December, 1986, to April, 1987; he has worked for his father doing construction work since April, 1987; and he is the father of four children that he is taking care of alone.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Real Estate Commission enter a Final Order denying Walter L. Jordan's application for licensure as a real estate salesman. DONE AND ENTERED this 8th day of December, 1987, in Tallahassee, Leon County, Florida. DIANE K. KIESLING 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 8th day of December, 1987. COPIES FURNISHED: Mr. Walter L. Jordan 3225 Rosselle Street Jacksonville, Florida 32205 Lawrence S. Gendzier Department of Professional Regulation Fla. Real Estate Comm. 400 West Robinson, Room 212 Orlando, Florida 32801 Tom Gallagher, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Harold Huff, Executive Director Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32801
The Issue The issue is whether Kramer is guilty of violation of Section 474.25(2), Florida Statutes.
Findings Of Fact Kenneth Stephen Kramer is a licensed real estate salesman holding License No. 0193029 issued by the Florida Real Estate Commission. Kramer filed an application for registration as a real estate salesman, dated November 21, 1977. In answer to paragraph 6, Kramer stated "Yes," and attached a letter of explanation from Michael Brodsky, attorney at law. Brodsky's letter dealt with Kramer's arrest for robbery in Opa Locka, Florida, and the subsequent dismissal of the charges against him on the basis of misidentification by the complaining witness. See Exhibit 2. An arrest report from Orangeburg, New York, was introduced as Exhibit This arrest report shows that Kenneth Stephen Kramer was arrested in Orangeburg for possession of marijuana. Kramer testified concerning his arrest in Orangeburg. His testimony was substantiated by that of his sister and his wife. Their testimony was uncontroverted that Kramer had been arrested together with his sister and wife and tow other males in Orangeburg for the possession of marijuana. On the basis of the representations of their court appointed counsel, they plead guilty to the charges against them with the understanding that they would receive three- years probation at the end of which their records would be expunged. They successfully served their probations and were advised by the probation officer in the State of Florida that their records would be expunged. Kramer stated that this was the reason he had not reported his arrest because he felt that his record had been expunged upon the satisfactory completion of his probation as was represented by his court appointed counsel and Florida probation officer.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission take no action against the registration of Kenneth Steven Kramer. DONE AND ORDERED this 27th day of October, 1978, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Kenneth Steven Kramer 901 Northeast 23rd Court Pompano Beach, Florida 33064 Tina Hipple, Esquire Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32802 ================================================================= AGENCY FINAL ORDER ================================================================= FLORIDA REAL ESTATE COMMISSION FLORIDA REAL ESTATE COMMISSION, Plaintiff, vs. PROGRESS DOCKET NO. 3372 BROWARD COUNTY KENNETH STEVEN KRAMER, DOAH NO. 78-1431 Defendant. /
