Findings Of Fact John M. Stroud is a registered real estate saleman holding registration number 0172065 issued the Florida Real Estate Commission. On December 17, 1976, John M. Stroud was arrested for burglary and committed to the custody of the sheriff of Brevard County for the offense of burglary. On December 15, 1976, Stroud had his completed application notarized by R. Jack Simpson. Stroud's application was initially received by the Florida Real Estate Commission on January 5, 1977, and was returned to Stroud because he had not enclosed the fee required. It was resubmitted with the fee and received by the Florida Real Estate Commission on January 14, 1977.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer RECOMMENDS: That the registration of John M. Stroud be revoked. DONE and ENTERED this 9th day of December, 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 9th day of December, 1977. COPIES FURNISHED: David T. Young, Esquire 1197 So. U.S. Highway 1 P.O. Box 563 Rockledge, Florida 32955 Bruce I. Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789
Findings Of Fact Charles E. Richmond applied for registration as a real estate salesman in 1971, filing his application dated December 23, 1971, and received by the agency on December 30, 1971, said application being received as Exhibit 1. In 1974, Richmond applied for registration as a broker-salesman filing an application with the agency, said application being introduced as Exhibit 2. The charges in the Administrative Complaint relate to alleged fraud and concealment in these applications. The basis for the charges contained in paragraphs 7 and 8 of the Complaint was that Richmond's 1974 application apparently indicates a traffic violation received in 1971, which had not been reported in the 1971 application. The Hearing Officer finds that regarding the allegations, there were seven days remaining in 1971 after the preparation of Richmond's application within which time Richmond could have received the ticket referred to in the 1974 application. However, more importantly, the 1974 application indicates on its face some doubt, in the applicant's mind regarding the year in which the ticket was received. Richmond qualified his response in the 1974 registration relative to the date the first ticket was received. The Florida Real Estate Commission has not presented any evidence to factually resolve the question. The Hearing Officer finds there is no conflict between the 1971 and 1974 application, no proof of any evasion regarding the tickets, and certainly no proof of the actual failure to reveal a traffic offense on the 1971 application. Paragraphs 8(a) and 9 charge that in 1974 Richmond concealed the fact of his arrest and plea to contributing to the delinquency of a minor in 1972. The Florida Real Estate Commission alleges that said concealment shows that Richmond lacks the necessary qualifications of honesty, truthfulness, trustworthiness and good character required by Section 475.17(1), Florida Statutes, and that Richmond obtained both his registrations as a salesman and as a broker-salesman by means of fraud, misrepresentation, and concealment in violation of Subsection 475.25(2), Florida Statutes. Regarding the contention that Richmond received his 1971 registration a salesman by fraud and misrepresentation, there is no evidence that Richmond falsified any portion of his 1971 application. The arrest and plea to contributing to the delinquency of a minor did not occur until 1972, and the question of the traffic violation was dealt with above. Concerning concealment on the 1974 application, the Florida Real Estate Commission introduced Exhibits 1, 2, 3, and 4 which show Richmond's registration as a salesman and broker-salesman and his arrest and plea to an offense against the laws of Florida. Richmond testified that his arrest had been upon the complaint of a co-worker of his when he attempted to assist the co-worker's daughter, who had graduated from high school and who was working full time, move our of her parents' home into an apartment. Richmond stated that he had felt he was not guilty of any wrong doing but had entered a plea on the advise of Counsel and upon his representation that this would not become a matter of record. Richmond stated he knew that he had been arrested and had pled guilty to the charge of contributing to the delinquency of a minor, but felt that to report this on his application would record an incident which he felt was not of record. Richmond further indicated that he felt this was damaging to his reputation in the community, which apparently from the testimony of his employer, Earlene Cooper Usry, was good. Richmond stated his concern specifically with regard to the effect knowledge of this incident would have on his activity as president of the local Little League, with which he had been associated approximately seven years.
Recommendation Wherefore, the Hearing Officer recommends that Richmond's registration as a broker-salesman be revoked with the observation that Richmond, although he did conceal information, did so for understandable reasons, and that some consideration should be given to allowing Richmond to be reinstated after a period of six months. Further, the Hearing Officer recommends that no action be taken regarding Richmond's salesman's license, the Florida Real Estate Commission having failed to allege any statutory basis for revocation or suspension thereof. DONE and ORDERED this 9th day of December, 1975. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Joseph A. Doherty, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Richard A. Langford, Esquire Post Office Box 868 Bartow, Florida 33830
Findings Of Fact Based on the admissions of the Respondent, on the testimony of the witnesses, and on the exhibits received in evidence, I make the following findings of fact: Respondent Larry L. Toney is now and was at all times material hereto a licensed real estate broker in the State of Florida, having been issued license number 0089521 in accordance with Chapter 475, Florida Statutes. The last license issued was as a broker, t/a Larry L. Toney Realty, Inc., 4629 Moncrief Road West, Jacksonville, Florida 32209. At the time of the events described below, Ernest W. Mabrey was the owner of a house located at 3926 Perry Street, Jacksonville, Florida. On or about March 3, 1986, the Respondent met with Josephine Watkins, who is the daughter of Ernest W. Mabrey, at her home in Lake Butler, Florida, and advised her and Mr. Mabrey that the property described above, then owned by Mr. Mabrey, was in foreclosure. Ernestine Byrd, another daughter of Mr. Mabrey, was also present. An action to foreclose the mortgage on the subject property had in fact been filed at the time the Respondent met with Ernest W. Mabrey and members of his family. The Respondent requested that Ernest W. Mabrey sign a warranty deed to evidence the fact that he, Ernest W. Mabrey, had no interest in saving the subject property from the then pending mortgage foreclosure action. Josephine Watkins and Ernestine Byrd discussed the proposed transaction before any papers were signed. Ernest W. Mabrey did not object to transferring the subject property. On or about March 3, 1986, Ernest W. Mabrey, as grantor, signed a warranty deed which conveyed the subject property to Emory Robinson, Jr. Mr. Mabrey willingly signed his name to the warranty deed with the understanding that he was releasing his interest in the subject property because he was sick and neither he nor his daughters had the funds necessary to redeem the property. Josephine Watkins helped her father, Mr. Mabrey, write his name on the warranty deed and Ernestine Byrd signed the warranty deed as a witness to her father's signature. At the time the warranty deed was signed, no payments had been made on the mortgage for approximately five years. The Respondent did not promise to pay any money to Mr. Mabrey or his daughters in connection with the transfer of the subject property, nor did they expect to receive any money. The Respondent did not forge any signatures on the warranty deed described above. All of the signatures on that warranty deed are genuine. The grantee in the subject transaction, Emory Robinson, Jr., paid the holder of the first mortgage the sum of $6,787.11 in order to bring the payments to a current status and he assumed the mortgage. The mortgage foreclosure action was then voluntarily dismissed.
Recommendation For all of the foregoing reasons, it is RECOMMENDED that the Florida Real Estate Commission issue a final order in this case dismissing all charges against the Respondent. DONE AND ENTERED this 5th day of May, 1988, in Tallahassee, Leon County, Florida. MICHAEL 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 5th day of May, 1988. APPENDIX TO RECOMMENDED ORDER The following are my specific rulings on all proposed findings of fact submitted by the parties. Findings Proposed by Petitioner: Paragraphs 1, 2 and 3: Accepted. Paragraph 4: First two lines accepted. Last line rejected as not supported by competent substantial evidence. Paragraph 5: First sentence is rejected as contrary to the greater weight of the evidence. Second sentence is rejected as constituting subordinate and unnecessary details. Paragraph 6: Rejected as contrary to the greater weight of the evidence. Paragraph 7: Accepted in substance, with additional findings for clarity and completeness. Paragraph 8: It is accepted that the house was conveyed to Mr. Robinson. The remainder of this paragraph is rejected as contrary to the greater weight of the evidence or as not supported by competent substantial evidence. Findings Proposed by Respondent: All of the findings proposed by the Respondent have been accepted in whole or in substance, except as specifically set forth below. In making my findings of fact, I have omitted a number of unnecessary details proposed by the Respondent. Paragraph 8: Rejected as constituting subordinate and unnecessary details. Paragraph 18: Rejected as constituting subordinate and unnecessary details. Paragraph 19: Rejected as subordinate and unnecessary details and as legal argument. COPIES FURNISHED: JAMES H. GILLIS, ESQUIRE DIVISION OF REAL ESTATE POST OFFICE BOX 1900 ORLANDO, FLORIDA 32802 HENRY E. DAVIS, ESQUIRE ROBERTS & DAVIS 816 BROAD STREET JACKSONVILLE, FLORIDA 32202 DARLENE F. KELLER, EXECUTIVE DIRECTOR DIVISION OF REAL ESTATE POST OFFICE BOX 1900 ORLANDO, FLORIDA 32802 WILLIAM O'NEIL, ESQUIRE GENERAL COUNSEL DEPARTMENT OF PROFESSIONAL REGULATION 130 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-0750
Recommendation The Hearing Officer having found factually that the Respondents did not violate the provisions of Chapter 475 Florida Statutes, as charged, recommends that no action be taken against the registration of any of the Respondents. DONE and ORDERED this 14th day of June, 1976. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Richard J. R. Parkinson, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Spencer Fox, Esquire Suite 107, 9065 Galloway Road Miami, Florida 33176
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the charges against Respondent, Linda N. Phillips, be DISMISSED. DONE and ENTERED this 16th day of October, 1981, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of October, 1981.
Findings Of Fact Richard D. Reichman is a registered real estate salesman holding license number 0072680. In February, 1975 he was employed by The Berg Agency, Inc., a registered real estate broker. Exhibits 2 and 2a, photocopies of registered letters with return receipts showing complaint and notice of hearing were mailed to Respondent's last address listed with the Real Estate Commission, were admitted into evidence. Accordingly proper service was obtained upon the Respondent. Some two years ago in May, 1974 Mr. and Mrs. Schutte listed their home for sale through Respondent, Reichman, when he was working for Anaconda Realty. That listing expired; and when Respondent asked them to renew the listing in September, 1974, they declined and had no further contact with the Respondent until February, 1975. Shortly after February 10, 1975 the Schuttes received a form letter from the Berg Agency, Inc. dated February 10, 1975 thanking them for listing their property with Berg. A copy of this letter with the listing agreement attached was submitted into evidence as Exhibit 5. The original listing agreement was admitted into evidence as Exhibit 4. Realizing that they had not listed their property with anyone and that the signatures on the listing agreement were not theirs, Mrs. Schutte called the Chamber of Commerce, Better Business Bureau, Margate Police, and the Florida Real Estate Commission before being called by Berg. A man who identified himself as a member of the ethics committee advised Berg of the Schuttes complaint and Berg called Mrs. Schutte. Berg called back the following day to advise the Schuttes that Reichman had been fired. Reichman visited the Schuttes a few days later to ask if they would sign an agreement not to prosecute him, which they declined. At this time Respondent told them that his quota had not been met so he "forged a few" agreements. At this time the Berg Agency had its salesman on a draw against future commissions, depending upon the man's performance. Reichman acknowledged to the office manager at Berg after his forgery had been discovered that he was afraid he would be taken off the draw if he didn't bring in a lot of listings and acknowledged that he had prepared Exhibit 4 and forged the signatures thereon.
The Issue Whether James F. Robertson signed a false affidavit in violation of Section 475.25(1)(a), Florida Statutes.
Recommendation In making a recommendation in this matter, the Hearing Officer considers the following factors relating to James F. Robertson's fitness to be a registrant of the Florida Real Estate Commission. Robertson admitted that he realizes that he executed a false affidavit. Robertson did not falsify the affidavit with the intent to defraud anyone because he intended to pay all the subcontractors and materialmen and thought that he had the ability to pay them. Robertson pledged his personal assets to the payment of the L & M account print to the lien which indicates his intent to make good the account. Robertson is apparently concerned about the Smith's problem but has not been able to settle the account with L & M. Based on the foregoing findings of fact, conclusions of law, and facts in mitigation, the Hearing Officer would recommend that the registration as real estate broker of James F. Robertson be suspended two years; and further, that this suspension be suspended as long as Robertson makes regular payments on the debt to L & M Builder Supplies, Inc., such that the debt will be liquidated at the end of the two year period and the lien against the Smith's home satisfied. DONE and ORDERED this 29th day of March, 1977, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32303 (904) 488-9675 COPIES FURNISHED: Richard J. R. Parkinson, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 James F. Robertson c/o Gernada Realty, Inc. 2007 Parsons Avenue, North Seffner, Florida 33584
Findings Of Fact Respondent Charles N. Lyle is now and was at all times referred to in these Findings Of Fact a licensed real estate salesman having haen issued licensed number 0340311. Between March, 1982 to July, 1982, respondent was licensed as a real estate salesman and in the employ of Pardee-Chappell Realty and Investment Corporation. In May, 1982, respondent entered into an oral rental management agreement with Edward Ingersoll to rent and manage certain residential property located at 2941 Northeast Third Street, Ocala, Florida for a management fee of $15.00 per month, said fee to be paid directly to respondent. In connection with the management agreement, respondent secured a tenant and collected rent each month, depositing the rent into a special account at the First Marion Bank of Ocala maintained in the names of Sharon Lyle, respondent's wife, and Edward Ingersoll, the owner of the property. From approximately May, 1982 to February, 1983, respondent was compensated $15.00 per month as a rental management fee from Edward Ingersoll. Respondent did not deliver the rental payments collected and compensation received to his employing broker, and respondent's employing broker, Pardee- Chappell Realty and Investment Corporation, had no knowledge of and did not consent to respondent's actions. Respondent engaged in the transactions in such a way as to conceal from Mr. Ingersoll and the lessee of Ingersoll's property his association with pardee-Chappell Realty and Investment Corporation; likewise, respondent engaged in the transactions in such a way as to keep Pardee-Chappell Realty and Investment Corporation from earning about the Ingersoll management agreement. The Administrative Complaint in this action could not be served on respondent at the address of his last broker of record because he had left the employ of his last broker of record. A later attempt to serve respondent at his residential address according to the records of the Department of Professional Regulation, 720 Northeast Thirty Street, Ocala, Florida 32670 also was unsuccessful. Thereafter, a notice was published in a newspaper of general circulation in the Ocala area, and respondent telephoned the Department of Professional Regulation from Atlanta, Georgia. Respondent asked that the Administrative Complaint be mailed to him at 720 Northeast Thirty Street, Ocala, Florida 32670. Approximately one month later, on or about March 1, 1984, respondent signed his Election Of Rights acknowledging receipt of a copy of the Administrative Complaint and requesting a formal hearing. Respondent's Election Of Rights was received by the Florida Real Estate Commission on March 6, 1984. Subsequently all notices of hearing have been returned undelivered, and subsequent efforts to contact respondent by telephone and personally by Department of Professional Regulation investigators have been unsuccessful.
Recommendation Based upon the foregoing Findings Of Fact and Conclusions of Law, it is recommended that the Florida Real Estate Commission revoke the license of respondent, Charles N. Lyle. RECOMMENDED this 4th day of September, 1984, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 4th day of September, 1984. COPIES FURNISHED: Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Charles N. Lyle 720 N.E. Thirty Street Ocala, Florida 32670 Harold Huff, Executive Director Real Estate Legal Services 400 West Robinson Street Orlando, Florida 32801 Fred Langford, Esquire 400 West Robinson Street Orlando, Florida 32801
Findings Of Fact Respondent is a registered real estate broker and was so licensed at all times relevant to this proceeding. At the time of the alleged forgeries, Respondent was an officer of John F. Ring Realty, Inc., and was the manager of that firm's office at 201 North University Drive, Ft. Lauderdale, Florida. On June 25, 1980, Respondent wrote two checks on the account of John F. Ring Realty, Inc., payable to Phyllis Cohen in the sum of $425, and to Ann Sanders in the sum of $550. On July 10, 1980, and on the same account, Respondent wrote a second check to Phyllis Cohen in the amount of $1,000. On September 19, 1980, on the same account, Respondent wrote a check payable to Dan Dickerhoff in the sum of $1,210. Respondent wrote a fifth check on this account on September 26, 1980, payable to Rose Friedman, in the sum of $815. All of these checks were purportedly written to cover sales commissions. Each check bore an endorsement which was purportedly that of the payee, and was endorsed by Respondent. Each named payee testified that the endorsement was not his or her signature, that he or she was not entitled to the funds represented by the checks, and never received the check or the funds. Each identified the signature of Respondent as the drawer. Respondent admitted to his ex-partner, Petitioner's investigator and Phyllis Cohen that he had endorsed and cashed these checks. Respondent also apologized to Ann Sanders when she confronted him with the forgery. These were statements against interest and are therefore admissible as hearsay exceptions. 1/ Respondent's character witnesses established that he has a good reputation in the realtors community. These witnesses have found Respondent to be honest and reliable, and would continue doing business with him regardless of any adverse findings here.
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent be found guilty of allegations set forth in the Administrative Complaint. It is further RECOMMENDED that Respondent's license as a real estate broker be revoked. DONE AND ENTERED this 28th day of December, 1981, in Tallahassee, Florida. R. T. CARPENTER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of December, 1981.
