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 September 30, 1987, the Petitioner herein, Joseph A. Tumbiolo, submitted an Application For Licensure as a Real Estate Salesman, to the Respondent, Florida Real Estate Commission which was received on October 2, 1987. In response to question 6 on the application, Petitioner indicated he had pleaded guilty to and been found guilty of two separate misdemeanor batteries in 1986, and that adjudication of guilt had been withheld on a charge of false imprisonment the same year. Based on this answer and Petitioner's explanation thereof, the Commission denied his application for licensure on the basis that due to his convictions, he did not meet the requirement of Section 475.17(1), Florida Statutes. This section calls for the applicant to be "honest, truthful, trustworthy, and of good character, and ... [with] a good reputation for fair dealing." Records of the County Court of Pinellas County, Florida, reflect that on January 22, 1987, Petitioner pleaded guilty to two separate charges of battery (one against Charles J. Merteno on March 26, 1986, and one against Edwin D. Maxwell on April 13, 1986.) In both cases he was placed on probation for six months on the condition that he pay a $300.00 fine, do twenty-five hours of public service, refrain from the consumption of alcohol, and continue psychological counseling. Court records of the Circuit Court for the Sixth Judicial Circuit of Florida, in and for Pinellas County reflect that on November 17, 1986, Petitioner entered a plea of nolo contendere to a charge of false imprisonment of two women. Adjudication of guilt was withheld and Petitioner was placed on probation for 18 months on conditions which included, inter alia, that he continue counseling. Petitioner explained the circumstances of his offenses, indicating that the first two arose out of traffic incidents. The false imprisonment charge was filed when he called the police to eject two women from his video store when they refused to leave upon his request when he wanted to close up. He claims that all offenses came about due to his physical and mental state at the time which was affected by the pressure of his business. Business was bad, his landlord was giving him problems, he was working 60 to 70 hours per week, and he developed, he contends, a chemical imbalance in his system which resulted in his experiencing a manic episode. When the stress of the traffic incidents and the other incident with the ladies was applied, each created an overload and he lost control. None of the offenses was major. In no case was anyone injured. In the case of Mr. Maxwell, the victim did not press charges. Subsequent to these incidents and before the hearings took place, on his own volition, Petitioner sought medical help and psychological counseling for his physical problem. Both have helped him and he feels much better. He has been living with his parents in Bradenton, away from the source of his problems, and is doing well. Mr. Tumbiolo's probation officer indicates Petitioner has been diligent in trying to comply with all conditions of his probation and on December 10, 1987, petitioned the court to grant an early termination of probation. The court did not grant the request. Petitioner's probation counselor from the Salvation Army confirms that he has fully complied with the conditions of his probation. Family, friends and neighbors consider him to be reliable and trustworthy as well as compassionate and understanding of others. He is considered intelligent and pleasant and is recommended for employment. Mr. Tumbiolo is licensed as an insurance salesman in both New York and New Jersey and has worked in sales positions dealing with the public without problems for approximately ten years. He believes the counseling which he has undergone was very helpful to him and the correction of the chemical imbalance he formerly experienced has enabled him to now cope with stress in an appropriate manner. He has an offer to work in real estate with a family friend if he can get his record cleared.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that Petitioner, Joseph A. Tumbiolo, be denied licensure as a real estate salesman in Florida. Recommended in Tallahassee, Florida, this 10th day of June, 1988. ARNOLD H. POLLOCK 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 10th day of June, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-1233 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. For the Petitioner NONE For the Respondent 1 - 4. Accepted and incorporated herein. Accepted and incorporated herein. Accepted and incorporated herein. COPIES FURNISHED: Joseph Anthony Tumbiolo 6811 - 18th Avenue Drive West Bradenton, Florida 34209 Manuel E. Oliver, Esquire DPR, Division of Real Estate Post Office Box 1900 Orlando, Florida 32801 Darlene F. Keller Acting Executive Director DPR, Division of Real Estate Post Office Box 1900 Orlando, Florida 32801
The Issue Whether or not the Petitioner, Barbara A. Story, is eligible to sit for the Florida Real Estate Commission's licensure examination.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, post-hearing memoranda and exhibits, and the entire record compiled herein, the following relevant facts are found. On or about July 26, 1981, Petitioner, Barbara A. Story, filed an application for licensure as a real estate salesperson with the Respondent, Department of Professional Regulation, Board of Real Estate. By letter dated September 28, 1981, Randy Schwartz, Respondent's counsel, advised Petitioner that the Respondent, at its duly noticed meeting of September 23, 1981, denied Petitioner's application for licensure. That letter recited that the specific reason for the Respondent's actions was baked on Petitioner's answer to question six (6) on the licensing application and her criminal record. In this regard, evidence reveals and Petitioner's application reflects that Petitioner was convicted in the Southern District of Florida (West Palm Beach), on September 8, 1978, of embezzlement of monies from a bank, in violation of Title XVIII, United States Code, 656. Petitioner was sentenced by the Honorable C. Clyde Atkins on that date, pursuant to the split-sentence provision of Title XVIII, United States Code, 3651, in that she was to be confined in a jail-type institution for a period of one (1) month, and thereafter, the remainder of the sentence of confinement [one (1) year] was suspended. Upon discharge from incarceration, Petitioner was to be placed on probation for a period of five (5) years under the special condition that she make restitution for the monies embezzled. Jurisdiction of that case was transferred to the Middle District of Florida, and on March 29, 1982, Petitioner was terminated from probation supervision. Robert E. Lee, a chief U.S. probation officer, who supervised petitioner while she was under the supervision of the subject office as a probationer, indicates that Petitioner reflected a favorable attitude toward her probation officer, remained gainfully employed and abided by all the rules of probation. Petitioner has never been arrested since her conviction in 1978, and has received only one (1) traffic citation during December of 1981. Petitioner has been continuously employed since her conviction and is presently a secretary/receptionist where she is in charge of and controls office business for Mobile Craft Wood Products in Ocala, Florida. Petitioner has been in charge of processing cash sales for the past four (4) years. Petitioner is presently making restitution to the savings and loan association that she embezzled. Charles Demenzes, a realtor/broker who owns Demenzes Realty Inc., has known Petitioner approximately one (1) year. Mr. Demenzes spoke highly of Petitioner and was favorably impressed with her desire to become licensed as a real estate salesperson. Mr. Demenzes is hopeful that Petitioner will be afforded an opportunity to sit for the licensure examination such that she can join his sales force, if she successfully passes the examination. Respondent takes the position that Petitioner, having been convicted of the crime of embezzlement, which involves moral turpitude and therefore is ineligible to sit for the Respondent's licensure examination. In this regard, counsel for Respondent admits that the Board, when acting upon Petitioner's application for licensure, did not consider the fact that Petitioner has been released from probation supervision inasmuch as that factor did not exist at the time Petitioner made application for licensure. Character letters offered by Petitioner were highly complimentary of Petitioner's reputation and abilities as an employee. (Petitioner's Composite Exhibit No. 1.)
Recommendation Based on the foregoing Findings of Fact and Conclusions of law, it is hereby RECOMMENDED: That the Respondent enter a final order granting Petitioner's application for licensure as a real estate salesperson. DONE and ENTERED this 13th 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 13th day of October, 1982.
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 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.
Findings Of Fact The Petitioner applied to the Board of Real Estate for licensure as a real estate saleswoman on or about July 28, 1980. After due deliberation the Board informed the Petitioner, on October 31, 1980, that she had been denied licensure due to her answers to question 6 of the application which revealed that she had a criminal record involving an arrest for larceny. The Petitioner exercised her rights to a formal proceeding pursuant to Chapter 120.57, Florida Statutes, and appeared at the hearing pro se, without witnesses, being permitted to testify on her own behalf. The Petitioner admitted that in 1977 she had been arrested and convicted in Leon County for the crime of grand larceny by embezzlement. She was employed as Manager of a Burger King restaurant at the time and was, in effect, convicted of embezzling bank deposits for the restaurant. The Petitioner pled not guilty to the charge but was found guilty pursuant to jury verdict. Upon her conviction she was sentenced to six months in the Florida State Prison at Lowell, Florida, followed by four years probation. The Petitioner remains on probation for that conviction and is making restitution payments to replace the money stolen. She was unable to testify precisely when her probationary period will expire, but it is to be approximately in October, 1981, and would have been sooner had she not fallen in arrears in making restitution payments. She is now making her payments currently and regularly and there is no other impediment to her being released from probation once full restitution is made. During the course of her cross-examination the Petitioner also admitted that she had been arrested by the Tallahassee Police Department in 1972 for the crime of larceny and further admitted that she had not disclosed this arrest on her application with the Board of Real Estate. The Petitioner indicated she had forgotten about the arrest and she felt that it was so remote in time as to not be pertinent to the application process. She was found guilty of the charge of larceny in connection with the 1972 arrest, the sentence being payment of a fine and restitution to the victim. Subsequent to her release from prison, the Petitioner has married, and is the mother of two young sons. She is currently employed by the Polk County School Board as a teacher's aid for disabled children. In order to qualify for this employment position she had to have a high school degree and sufficient college credit hours to meet the requirements for employment as a teacher's aid. Prior to this job she was employed in Polk County as a substitute teacher. The Petitioner is a member of a church and attends regularly and her general demeanor and the overall tenor of her testimony demonstrates that she has matured significantly since the unfortunate criminal behavior in which she engaged end has achieved a stable family life and employment pattern. She has demonstrated significant maturity of character since the time of the arrest and conviction, measured by the fact that she has accepted and successfully discharged the responsibility of marriage, the rearing of two children, and the concomitant duties and responsibilities of employment for the partial support of her family.
Recommendation In consideration of the foregoing Findings of Fact and Conclusions of Law, as well as the candor and demeanor of the witness, it is RECOMMENDED that a final order be entered by the Board of Real Estate denying the application of Earnestine D. Davis for licensing as a real estate saleswoman at this time, but that she be given prompt and beneficial consideration for licensure upon appropriate reapplication when her current criminal probationary status has terminated. DONE AND ENTERED this 7th day of May, 1981 in Tallahassee, Leon County, Florida. P. MICHAEL RUFF 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 7th day of May, 1981. COPIES FURNISHED: Earnestine D. Davis 880 Parkham Court Bartow, Florida 33830 Jeffrey A. Miller Assistant Attorney General Department of Legal Affairs Office of Attorney General Tallahassee, Florida 32301 Nancy Wittenberg, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Respondent, on March 14, 1974, filed his application for registration as a real estate salesman with the Florida Real Estate Commission. The application was approved and he received his registration on July 8, 1974, and has been continuously registered with the Commission since that time (Petitioner's Exhibit 1.) In the Application for Registration, Question 9 and Respondent's answer thereto were 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 judgment has been reversed or set aside or not, or pardon or parole granted? Yes If yes, state details in full Traffic offenses: see attached sheet, one misdemeanor, City of North Miami Beach, Case 23855. (Petitioner's Exhibit 1,2). On August 17, 1973, Respondent was arrested in Dade County, Florida, and charged with the possession and sale of cocaine in violation of Section 893.13(1)(a), F.S. On May 31, 1974, Respondent was acquitted in the Circuit Court of the Eleventh Judicial Circuit of Florida, In and for Dade County, of the charge of sale or delivery of a controlled substance. In the same court, on July 12, 1974, he was found guilty of the charge of possession of a controlled substance, but adjudication of guilt was withheld and Respondent was placed on probation for a period of three years. (Petitioner's Exhibits 3, 4, 5, 6.) Petitioner testified that he had filed a prior application for registration as a real estate salesman in 1972 which was not approved because he did not pass the written examination. In 1974, he secured a blank application form which he gave to his father, Hal Sehres, to have typed for him. When it was prepared, he scanned it without reading it thoroughly and, since it seemed to be the same as his first application, he signed it and his father thereafter dispatched it to the Commission. The father testified that he had given the blank application to his secretary, along with the 1972 application, and asked her to type it. He also provided her with minor changes in address and information concerning the misdemeanor offense which had not occurred at the time the 1972 application had been executed. Although the father testified that he was aware his son had been arrested in 1973 for the sale and possession of cocaine, and that he meant to include it as part of the answer to Question 9, he knew that at that time disposition had not yet been made of the charge, and therefore, believed it was an honest mistake that he had not included it on the application.
Recommendation That the registration of Irving Paul Sehres as a real estate salesman be revoked, pursuant to Section 475.25(2), Florida Statutes. DONE AND ENTERED this 11th day of February 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 11th day of February 1976. COPIES FURNISHED: Louis B. Guttman, III, Esquire 2699 Lee Road Winter Park, Florida 32789 Seymour Silverman, Esquire 420 Lincoln Road Miami Beach, Florida 33139
Findings Of Fact In the fall of 1973, Mr. and Mrs. Delmar D. Carter purchased the Buccaneer Motel and Woodside Apartments [the motel] from C.E.K., Inc., whom respondents represented in the sale. Respondents agreed to accept less from C.E.K., Inc., as their commission on the sale, that they might have otherwise, because the Carters agreed to give respondents the exclusive right to resell the motel for a period of five years. Two years after they purchased the motel, the Carters asked O.B. Linkous to try to sell the motel, but the Carters sell held the motel when the resale agreement expired in late 1978. One of the obligations assumed by the Carters in exchange for the motel was secured by a mortgage that C.E.K., Inc., had executed in favor of O.B. Linkous Realty, Inc., on December 14, 1972. Petitioner's Exhibit No. 2. This assumed obligation required the Carters to make certain monthly payments to the corporate respondent including a payment of $862.19 on January 1, 1979. Under the mortgage agreement, the entire principal (originally $88,247.93) would become due if a "default continue for a space of 30 days." Petitioner's Exhibit No. 2. On January 25, 1979, Mr. Carter delivered to Mr. Linkous a check in the amount of $862.19, Petitioner's Exhibit No. 1, as payment of the amount due on January 1, 1979. When he handed the check to respondent Linkous, Mr. Carter told him that the funds in the account on which the check was drawn were insufficient for the drawee to pay the check, but that he would deposit sufficient funds on the following day. Respondent Linkous answered that he saw no problem since he intended to deposit the check in his own account in another bank and assumed it would be at least a day before the check was presented to the drawee. On the following day, Mr. Carter deposited $865.96 in the account on which the check was drawn. Petitioner's Exhibit No. 3. On January 31, 1979, the balance in the account was $1,000.32. Petitioner's Exhibit No. 3. Instead of depositing the check, respondent Linkous took the check, on the same day he received it, to the Flagship First National Bank of Ormond Beach, on which it was drawn, and persuaded a teller there to stamp it so as to indicate that it had been dishonored because sufficient funds were not on deposit. On February 7, 1979, a mortgage foreclosure complaint was filed against the Carters and C.E.K., Inc., (as holder of a junior mortgage), in which respondents' attorney alleged that the Carters had "defaulted under the note and mortgage by failing to pay the payment due January 1, 1979, and all subsequent payments." Petitioner's Exhibit No. 2. The Carters retained counsel who filed an answer and counterclaim in which it was alleged, inter alia, that Linkous "deliberately with premeditated design, deceived and tricked [the Carters]." Petitioner's Exhibit No. 2. After these pleadings had been filed, the Carters agreed to respondents' counsel's suggestion that they grant the corporate respondent the exclusive right to sell the motel for another five-year period in exchange for an end to the litigation, and executed an agreement to that effect. Petitioner's Exhibit No. 6. The parties stipulated that both respondents hold real estate licenses issued by petitioner.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner suspend respondents' licenses for a period of five years. DONE AND ENTERED this 10th day of June, 1981, in Tallahassee, Florida. ROBERT T. BENTON, II 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 10th day of June, 1981. COPIES FURNISHED: S. Ralph Fetner, Jr., Esquire 130 North Monroe Street Tallahassee, Florida 32301 Howard Hadley, Esquire 827 Deltona Boulevard Deltona, Florida 32725
