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EDUCATION PRACTICES COMMISSION vs. ROBERT CHARLES BEERS, 81-001754 (1981)
Division of Administrative Hearings, Florida Number: 81-001754 Latest Update: Feb. 18, 1983

Findings Of Fact Respondent Robert C. Beers holds teacher's certificate No. 448007. Petitioner's Exhibit No. 1. He is qualified to teach in elementary education and specific learning disabilities programs. The teacher's certificate expires on June 30, 1982. Since 1979, respondent has taught specifically learning disabled students at John Gorrie Junior High School in Jacksonville. By all accounts, he is an enthusiastic and highly effective teacher. On or about November 12, 1979, respondent went to a K-Mart store with a pair of boots. His fiancee (on whose account he had moved to Jacksonville) had given him the boots, before their affiance ended. Perhaps brooding over this turn of events, respondent entered the store, put his still-new boots down on a counter, and picked up a pair of track shoes. He told a clerk that the boots had been purchased at K-Mart, when, in fact, they had not been. He was arrested on the spot. An information charging respondent with petit theft of the track shoes, in violation of Section 812.014, Florida Statutes (1979), was filed on November 21, 1979. Petitioner's Exhibit No. 2 (Case No. 78-48015MM). On a plea of nolo contendere to this second-degree misdemeanor, respondent was adjudicated guilty and a $50 fine was imposed on December 18, 1979. Petitioner's Exhibit No. 2. After his arrest on charges of stealing the track shoes, two outstanding capiases were discovered. In each instance, the underlying charge against respondent was that he had obtained property with worthless checks. In both cases, respondent has made restitution and in both cases, the checks were for "small amounts." An information charging him criminally in connection with one of the checks was filed on August 28, 1979. Petitioner's Exhibit No. 3 (Case No. 79-35645MM). On a plea of nolo contendere, respondent was adjudicated guilty of violating Section 832.05, Florida Statutes (1979), a second-degree misdemeanor, and fined $25, on December 18, 1979. Petitioner's Exhibit No. 3. There was no indication in the evidence that any student had knowledge of respondent's legal difficulties, or that the partial disclosures made by respondent himself to fellow teachers had in any way diminished his effectiveness as a teacher. Since his misdemeanor convictions, he has served as sponsor for the school annual, in the course of which he was responsible for several thousand dollars. In preparing the foregoing findings of fact, the hearing officer has had the benefit of petitioner's proposed recommended order, and the proposed findings of fact have been adopted in substance.

Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner suspend respondent's license for thirty (30) days. DONE AND ENTERED this 14th day of July, 1982, 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 14th day of July, 1982. COPIES FURNISHED: L. Haldane Taylor, Esquire 1902 Independent Square Jacksonville, Florida 32202 Harris Brown, Esquire 1500 American Heritage Life Building Jacksonville, Florida 32202 Donald L. Griesheimer, Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301 =================================================================

Florida Laws (3) 112.011812.014832.05
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JUSTIN S. SPIERS vs. FLORIDA REAL ESTATE COMMISSION, 83-000955 (1983)
Division of Administrative Hearings, Florida Number: 83-000955 Latest Update: Sep. 14, 1983

Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, the post-hearing memorandum and the entire record compiled herein, the following relevant facts are found: By letter dated February 18, 1983, the Florida Real Estate Commission (sometimes herein referred to as the respondent or the Commission) advised the petitioner that his application for licensure as a real estate salesman was denied based upon petitioner's answer to question 6 of the licensing application and his criminal record. On September 1, 1982, petitioner held a Mutuel Clerk's Occupational License (NOP-00455) issued by the Division of Pari-Mutuel Wagering, Department of Business Regulation, State of Florida. While acting in the capacity of a mutuel clerk at Calder Race Course in Dade County, Florida, Petitioner, on September 1, 1982, cashed a winning one dollar ($1.00) trifecta ticket for the eighth race on August 28, 1982, valued at six hundred thirty-six dollars and eighty cents ($636.80) for Metro-Dade Organized Crime Bureau Detective, Jonas Sears, for a cash fee payable to Petitioner. Petitioner did not require Detective Sears to complete the necessary internal revenue service form W-2G which is required of any patron winning six hundred dollars ($600.00) or more. On October 22, 1982, petitioner entered into a consent order with the Division of Pari-Mutuel Wagering wherein petitioner agreed to certain findings. Based on those findings, petitioner agreed to a suspension of his pari-mutuel license for a period of seventy-five (75) days. A clerk who engages in such conduct violates Section 550.16(7), Florida Statutes and Rule Section 7E- 6.07(3)(6), Florida Administrative Code. Petitioner also admitted to deducting sixty dollars and eighty cents ($60.80) as a cash fee payable to him for not requiring Detective Sears to complete the necessary Internal Revenue Service form W-2G.

Recommendation That the respondent enter a Final Order denying petitioner's application for licensure as a real estate salesman. RECOMMENDED this 14th day of September, 1983 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 14th day of September, 1983.

Florida Laws (3) 120.57475.176.07
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BARBARA A. STORY vs. FLORIDA REAL ESTATE COMMISSION, 81-002644 (1981)
Division of Administrative Hearings, Florida Number: 81-002644 Latest Update: Dec. 17, 1982

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.

Florida Laws (3) 120.57475.17475.25
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