Findings Of Fact Petitioner is Ronald Charles Brown. By application dated September 16, 1987, he sought licensure as a real estate salesman. Question number six of the application completed by Petitioner requires a "yes" or "no" answer to the question: "Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest) , even if adjudication was withheld? Petitioner responded in the affirmative to question number six and disclosed that he was convicted in juvenile court of the offense of grand theft in Marion County, Florida in 1978; that he was charged with the offense of trespassing in 1982, which charge was subsequently dropped; and that he was charged with sale and possession of cocaine in Marion County in 1985. The court withheld adjudication of Petitioner's guilt of the drug sale and possession charge and placed him on probation for five years. By letter dated March 7, 1988, counsel for Respondent informed Petitioner of Respondent's intent to deny licensure to Petitioner on the basis of the 1978 grand theft conviction; a 1978 arrest and conviction for "hit and run" in Marion County; a 1978 arrest and conviction for contributing to the delinquency of a minor; and the 1985 cocaine sale and possession charge. In February of 1978, Petitioner was 17 years of age when, intoxicated by alcohol and drugs, he fell through a skylight into a jewelry store. He suffered minor cuts in the fall and remained lying on the floor at the scene until police, responding to a security alarm, arrived and took him into their custody. Petitioner was subsequently required to make restitution to the store for damages resulting from the incident in a Marion County, Florida, juvenile court proceeding. Petitioner reached his 18th birthday in May of 1978. He testified that in July of that year, he angrily backed out of the driveway of the residence of parents of a girl friend. In the process, he knocked over the parents' mailbox with the automobile he was driving. He went to his parents' home, obtained another mailbox and returned to install it at the residence of the girl friend's parents. Upon his arrival, he was met by law enforcement officials and arrested for "hit and run." A subsequent check by the officials disclosed his driver's license was invalid. The 16 year old girl friend, on a date undisclosed by the record but in close proximity to the mailbox incident, ran away from home to meet Petitioner at his parent's lake house in Marion County. Petitioner and she met there in the early evening. Her parents and law enforcement officials arrived that night. Petitioner was arrested and subsequently convicted of the offense of contributing to the delinquency of a minor. In 1985, Petitioner was arrested for sale and possession of cocaine. While the evidence fails to disclose Petitioner's plea to these charges, adjudication of guilt was withheld and Petitioner was placed on probation by the court. That probation was terminated July 19, 1988, by court order. At present, Petitioner is married. He and his wife have a small baby. He has been employed by a small chain of appliance stores for almost two years and now manages one of the stores. At the store managed by Petitioner, he exercises total control. He possesses the store keys, opens and closes the facility, oversees the inventory valued at approximately $300,000 and controls daily cash of approximately $5,000. He reports to a supervisor several miles away each morning to take and drive the delivery truck, loaded with products, to the store to which he Is assigned. Several informal inventories and one formal inventory have been performed at the store during the one year Petitioner has managed it and no losses have been noted. Petitioner denied he had ever sold cocaine; instead he insisted that his role was limited solely to that of being a delivery boy for other drug salespersons. He stated he has undertaken no specific drug rehabilitation program other than to discontinue involvement with controlled substances. In addition to his own testimony acknowledging and explaining his criminal record, he presented testimony regarding his character. Character witnesses consisted of Petitioner's mother and two other individuals. Both individuals testified they had known Petitioner only since February of 1986 or some point in time since the occurrence of his last criminal offense in 1985. Both individuals were impressed with Petitioner and indicated some knowledge, absence specific details, of his criminal background.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered denying Petitioner's application for licensure. DONE AND ENTERED this 18th day of January, 1989, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The Oakland Building 2900 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of January, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-1231 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. RESPONDENT'S PROPOSED FINDINGS 1.-8. Adopted in substance. COPIES FURNISHED: Ronald Charles Brown, pro se 9400 Monte Carlo Blvd. Fort Pierce, Florida 33451 Lawrence Gendzier, Esquire 400 West Robinson Street Room 212 Orlando, Florida 32801 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Darlene F. Keller, Division Director Real Estate Legal Services 400 West Robinson Street Orlando, Florida 32801
Findings Of Fact By information dated March 30, 1979, respondent gas accused of forging a prescription for 20 tablets of Biphetamine and of "feloniously acquir[ing] or obtain[ing], or attempt[ing] to acquire or obtain possession of a controlled substance, to-wit: Amphetamine" by means of the forged prescription, on or about December 13, 1978. Respondent's exhibit No. 1. On June 20, 1979, respondent was convicted, on the basis of his guilty plea, of forgery and of obtaining a controlled substance by fraud; concurrent sentences of two years' imprisonment for each offense were imposed, but respondent was placed on probation. Department's exhibits Nos. 2 and 3.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner dismiss the administrative complaint. DONE and ENTERED this 14th day of May, 1980, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Michael I. Schwartz, Esquire Raymond LaPorte, Esquire Suite 201, Ellis Building 408 Madison Street 1311 Executive Center Drive Tampa, Florida 33602 Tallahassee, Florida 32301 Nancy Kelley Wittenberg, Geraldine B. Johnson, R.N. Secretary Investigation & Licensing. Department of Professional Regulation Coordinator 2009 Apalachee Parkway Board of Nursing Tallahassee, Florida 32301 111 Coast Line Drive East Suite 504 Paul I. Perez, LPN. Jacksonville, Florida 32202 2301 W. Kirby Tampa, Florida 33804
Findings Of Fact The Respondent, Randy Lee Pomerantz, is currently eligible for licensure and is licensed in the State of Florida as a general lines, property, casualty, surety, and miscellaneous lines insurance agent. On or about May 30, 1989, the Respondent, along with one of his former employees, was charged by Information in the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, Florida, in Case No. 89-20405, with fifteen felony counts and three misdemeanor counts. The fifteen felony counts included one count of a RICO violation, one count of scheme to defraud, three counts of grand theft in the second degree, and ten counts of grand theft in the third degree. On or about July 13, 1990, the Respondent entered a plead of nolo contendere to Count VIII of the information, which was one of the counts charging grand theft in the third degree in violation of Section 812.014, Florida Statutes. The prosecutor entered a nolle prosequi as to all other counts insofar as they related to the Respondent. Adjudication of guilt was withheld on Count VIII. The Respondent was placed on probation for three years and ordered to pay restitution in the amount of $2,325.03. The Respondent's plea of nolo contendere to Count VIII of the Information was a plea of convenience. The Respondent did not commit the acts alleged in Count VIII of the Information. As the Respondent explained at the hearing, at the time of his plea his wife was about to give birth and he did not feel he could take a chance on a "roll of the dice" with a jury trial.
Recommendation For all of the foregoing reasons, it is RECOMMENDED that the Department of Insurance and Treasurer issue a Final Order in this case dismissing the Amended Administrative Complaint in its entirety. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 27th day of February 1991. MICHAEL PARRISH 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 27th day of February 1991. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 90-4430 The following are the specific rulings on all proposed findings of fact submitted by all parties. Findings proposed by Petitioner: Paragraphs 1, 2, and 4: Accepted. Paragraph 3: Rejected as contrary to the greater weight of the evidence. Although it is likely that the facts alleged in Count VIII of the Information related to the transaction of insurance business in this state, such is not established by clear and convincing evidence. And, in any event, the matter is irrelevant in light of the findings that the Respondent's plea was a plea of convenience and that the Respondent was not guilty of the crime charged. Findings proposed by Respondent: COPIES FURNISHED: James A. Bossart, Esquire Department of Insurance 412 Larson Building Tallahassee, Florida 32399-0300 Ted Crespi, Esquire 110 Tower, Suite 815 110 S.E. 6th Street Fort Lauderdale, Florida 33301 Tom Gallagher Bill O'Neil State Treasurer and General Counsel Insurance Commissioner Department of Insurance The Capitol, Plaza Level and Treasurer Tallahassee, Florida 32399-0300 The Capitol, Plaza Level Tallahassee, Florida 32399-0300
Findings Of Fact Respondent, James K. Hart (Hart), was at all times material hereto licensed as a real estate broker-salesman in the State of Florida, having been issued license number 0302051. On November 26, 1986, in the Criminal Court of Washington County, Tennessee, Hart entered a voluntary plea of nolo contendere to the felony charge of attempt to commit a felony (conspiracy to distribute cocaine in excess of 30 grams). On October 6, 1987, the court found Hart guilty, and he was sentenced to three years confinement and ordered to pay a fine of $75,000. Hart did not notify petitioner within thirty days of having pled nolo contendere or having been convicted of such felony. Hart served 10 months and 27 days of his sentence in the county jail at Johnson City, Tennessee, and then, on August 27, 1988, was released to serve a two-year term of probation. Currently, Hart is serving his two-year term of probation, and reporting to authorities in Broward County, Florida. Hart is currently 50 years of age, and employed to sell kitchen cabinets. From such employment he grosses an income of $25,000 a year. At hearing, Hart offered proof that, as a consequence of his conviction, he owed approximately $220,000 to members of his family and his attorneys. According to Hart, absent the ability to practice as a real estate salesman, his chosen profession, he has no expectations of paying such debts or of providing for his retirement years. While the offense for which he was convicted involved a conspiracy to distribute cocaine, he avers that he has never used drugs, but committed the offense solely because of greed.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the real estate broker-salesman's license of respondent, James K. Hart, be revoked. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 29th day of June 1989. WILLIAM J. KENDRICK 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 30th day of June 1989. APPENDIX Petitioner's proposed findings of fact are addressed as follows: Addressed in paragraph 1. Not relevant. Addressed in paragraph 2. Addressed in paragraph 4. COPIES FURNISHED: STEVEN W. JOHNSON, ESQUIRE DEPARTMENT OF PROFESSIONAL REGULATION 400 WEST ROBINSON STREET POST OFFICE BOX 1900 ORLANDO, FLORIDA 32801 KENNETH G. STEVENS, ESQUIRE 412 NE 4TH STREET FORT LAUDERDALE, FLORIDA 33301 DARLENE F. KELLER, DIVISION DIRECTOR DIVISION OF REAL ESTATE DEPARTMENT OF PROFESSIONAL REGULATION 400 WEST ROBINSON STREET POST OFFICE BOX 1900 ORLANDO, FLORIDA 32801
The Issue Whether the application of Petitioner for a license as an employee guard should be granted or denied, based upon the grounds for tentative denial stated in the Department's letter dated August 23, 1978. At the hearing, the Department of State introduced the application of Willie F. Scott which stated that Scott had been arrested for driving without a license in 1969. The applicant testified that he had been arrested in 1967 in Miami, Florida for suspicion of armed robbery, that he had been arrested in 1969 in Long Beach, California for driving while intoxicated, had been arrested in 1970 in Atlanta, Georgia for disturbing the peace, had been arrested in Miami, Florida in 1971 for possession of marijuana, and had been arrested in Miami, Florida in 1972 for driving without a license. The Applicant further testified that he had revealed all of the foregoing arrests to his employer or a representative thereof, and that said representative had filled out his application and had advised him not to state these additional arrests. The grounds stated for denial by the Department was falsification of the application for licensure. The issue presented at final hearing was whether the Applicant had falsified his application when he advised his employer of the arrest and the employer, who filled out the application, failed to report the arrests?
Findings Of Fact Willie F. Scott is an Applicant for a license as an employee guard. This includes licensure both as an armed and unarmed guard. Scott signed an application which was presented to the Department of State. The application was filled out by Scott's supervisor, an agent of Scott's employer. Scott revealed his arrest record to the employer's agent who did not include these matters on Scott's application. Although Scott had been arrested several times prior to 1972, his only conviction was for driving while intoxicated while in Long Beach, California while he was in the Marine Corps. Scott served in the United States Marine Corps for two years and was honorably discharged with the rank of lance corporal. During the period of his employment, Scott has been promoted by his employer from patrolman to patrol sergeant. Scott was arrested in 1967 in Miami, in 1969 in Long Beach California, in 1970 in Atlanta, Georgia, and in 1971 in Miami, Florida. His only conviction was for driving while intoxicated in Long Beach, California.
Recommendation Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the Department of State issue Willie F. Scott Class F and G licenses as an employee guard. DONE and ORDERED this 17th day of October, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of October, 1978. COPIES FURNISHED: Willie F. Scott 5300 Northwest 33rd Northwest Miami, Florida 33142 Gerald Curington, Esquire Department of State The Capitol Tallahassee, Florida 32304 Marvin Sirotowitz Department of State The Capitol Tallahassee, Florida 32304
Findings Of Fact Respondent Domingo Fortunato Galvan is a registered nurse in the State of Florida having been issued license number 71608-2. On or about February 28, 1981, Respondent was found guilty in the United States District Court for the Southern District of Florida of conspiracy to distribute and possess a controlled substance and of possession with intent to distribute a controlled substance. That conviction is still on appeal. No evidence was presented by Petitioner with respect to the Respondent's ability to practice as a nurse. Rather, Respondent's evidence indicates that Respondent is a good nurse.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore RECOMMENDED that a final order be entered finding Respondent Domingo Fortunato Galvan guilty of violating Section 464.018(1),(g), Florida Statutes (1979), as charged in the Administrative Complaint and suspending Respondent's license number 71608-2 until the mandate is issued in the appeal of his criminal conviction. If the Respondent's conviction is reversed, his license should be reinstated automatically. If the Respondent's conviction is sustained, he should remain suspended until he appears before the Board of Nursing and demonstrates by clear and convincing evidence that he is then and there capable of practicing nursing in accordance with the laws of the State of Florida. If and when the Respondent's license is reinstated, the Board may, at its discretion, place the Respondent on probation with reasonable terms and conditions for a period of up to two years. DONE and RECOMMENDED this 1st day of December, 1982, in Tallahassee, Leon County, Florida. LINDA M. RIGOT, 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 1st day of December, 1982. COPIES FURNISHED: Julia Forrester, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 W. Ted Ernst, Jr., Esquire 509 Whitehead Street Key West, Florida 33040 Samuel R. Shorstein, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Helen P. Keefe, Executive Director Board of Nursing 111 Coastline Drive, East Suite 504 Jacksonville, Florida 32202
The Issue At issue is whether Joseph Houston's (Mr. Houston) license as a limited surety agent should be temporarily suspended pursuant to Subsection 648.45(1), Florida Statutes (2007).1
Findings Of Fact Mr. Houston is, and was at all times material hereto, licensed as a limited surety agent in the State of Florida, pursuant to Chapter 648, Florida Statutes. By their joint Stipulation, the parties have agreed that: The attached Capias in the case of State of Florida v. Joseph Houston, Case No. 07- 3886-CFA, issued by Clerk of the Circuit Court, Collier County, Florida, which involves one Joseph Houston under an indictment/information for third degree felony, is one and the same Joseph Houston named as Respondent in this action. Section 648.45(1), Florida Statutes, is applicable to the temporary Order of Suspension issued by Petitioner concerning licensure of the said Joseph Houston, and a Recommended Order may be entered to that effect in this action. The Capias attached to the parties' Stipulation and dated December 18, 2007, requested Mr. Houston be taken into custody to answer a pending indictment or information in the Circuit Court, in and for Collier County, for allegedly: (1) violating Subsection 648.44(8) and Section 777.011, Florida Statutes, a third degree felony; (2) violating Sections 648.30 and 777.011, Florida Statutes, and Florida Administrative Code Chapter 69B-221, a third degree felony; and (3) violating Subsection 648.44(1) and Section 777.011, Florida Statutes, a first degree misdemeanor. According to the Collier County Sheriff's Office Report No. 0700010430 (Report) attached to the parties' Stipulation, Mr. Houston was taken into custody without incident on December 18, 2007, due to the outstanding Capias described above. The report mistakenly lists the name of the apprehended as "Joe Huston," but the parties have stipulated that this was in fact the Respondent named in this action.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Respondent violated Subsection 648.45(1), Florida Statutes, and temporarily suspending Respondent's limited surety license. DONE AND ENTERED this 14th day of April, 2008, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 14th day of April, 2008.
The Issue Whether Respondent should take final action to deny Petitioner's application for a real estate sales associate license on the grounds set forth in Respondent's Notice of Intent to Deny.
Findings Of Fact The "Key for License Denials," attached hereto as Exhibit "A," is hereby adopted and incorporated by reference as the Key to the Commission's Findings of Fact in this case. Pursuant to the Key for License Denials, the Commission finds the following facts in this case, to wit: 2,4,5
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Florida Real Estate Commission issue a Final Order announcing its intention to continue to process Petitioner's application for licensure as a real estate sales associate rather than denying the application on the grounds stated in its December 28, 2011, Notice of Intent to Deny. DONE AND ENTERED this 12th day of April, 2012, in Tallahassee, Leon County, Florida. S STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of April, 2012.
Findings Of Fact Petitioner Victor Rudolph Cobham made application for filing for examination as a Life and Health Agent on February 12, 1987, (hereafter, "application"). Question 8 of that application and Petitioner's answers thereto read as follows: Have you ever been charged with a felony? Yes If YES, give date(s): Dec. 16, 1983 What was the crime? Possession of cocaine & cannabis Where and when were you charged? Dade County, Dec. 16, 1983 Did you plead guilty or nolo contendere? Nolo Contendere on Appeal Were you convicted? Yes - Conviction reversed by 3rd District Court of Appeal Was adjudication withheld? See attachments to application Please provide a brief description of the nature of the offense charged. See attachments to application If there has been more than one felony charge, provide an explanation as to each charge on an attachment. Certified copies of the Information or Indictment and Final Adjudication for each charge is required. In response to the above question 8 Petitioner listed no other charges, convictions, or pleas, however he had, in fact, been charged on at least three other occasions. Petitioner was charged by an August 3, 1978 Information with possession of a controlled substance (cocaine), possession of cannabis in a felony amount, and possession or sale of a controlled substance implement (paraphernalia) in Case No. 78-7960 in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida. All of these charges were felony charges. Petitioner plead guilty to all charges. Adjudication of guilt was withheld. Petitioner was also charged by a September 18, 1978 Information with failure to redeliver a hired vehicle (rental car) in Case No. 78-10543 in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, which charge constitutes a felony. Petitioner pled guilty. Adjudication was withheld. In 1967, Petitioner was also charged with passing a worthless bank check but the charges were dropped because the check was paid. Whether this was a felony or misdemeanor charge is not clear. On March 31, 1987, the Insurance Commissioner denied Petitioner's application to sit for the insurance agent's examination due to this failure to divulge in his responses to question 8 of his application the facts contained in findings of fact 4-6, supra. Petitioner's position was that he had subconsciously omitted the information on the two 1978 charges due to the lapse of time and that since these charges did not result in any "convictions" no fraud was committed by him in failing to disclose them in response to question 8 of the application. He further asserted that because the Third District Court of Appeal reversed his conviction in the 1983 case, he had a "clean record." He offered no specific explanation for failing to reveal the 1967 charges except that with respect to all charges, he also asserted that he had assumed the agency would do an extensive background check as a result of his admission concerning the 1983 charge and would therefore discover all the charges prior to 1983 as well. Having weighed the credibility of Petitioner's testimony; the undersigned finds that Petitioner committed a material misstatement, misrepresentation, and fraud upon his application and that his reasons for his misstatement, misrepresentation and fraud are neither logical nor credible as mitigation therefor. Petitioner was previously a licensed insurance agent but has allowed his licensure to lapse. He has worked in insurance in one way or another for most of his adulthood. He is now an articulate 56 year old man who has completed two years of college. By education, training, and experience, Petitioner knows the difference between a charge and a conviction. Question 8 on the application requested that he list and explain all charges, not just convictions. It asked for types of pleas entered and whether adjudication had been withheld, thereby giving Petitioner every opportunity to explain the status of his record. Petitioner is knowledgeable about the various nuances of the judicial dispositions of each of the charges brought against him, and his failure to reveal them on his application can only be construed as deliberate misstatement, misrepresentation, and fraud.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is, RECOMMENDED that the Department of Insurance and Treasurer enter a final order denying Petitioner's application for filing for examination as a Life and Health Agent. DONE and RECOMMENDED this 10th day of September, 1987, at Tallahassee, Florida. ELLA JANE P. DAVIS, 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 September, 1987. COPIES FURNISHED: William Gunter Commissioner Department of Insurance and Treasurer The Capitol, Plaza Level Tallahassee, Florida 32399-0300 Angelo A. Ali, Esquire 400 Roberts Building 26 West Flagler Street Miami, Florida 33130 Lealand L. McCharen, Esquire Department of Insurance and Treasurer Larson Building Tallahassee, Florida 32399-0300 =================================================================
The Issue The central issue in this case is whether Respondent is guilty of the violations alleged in the administrative complaint dated June 21, 1990; and, if so, what penalty should be imposed.
Findings Of Fact Based upon the stipulation of the parties, the testimony of the witness, and the documentary evidence received at the hearing, the following findings of fact are made: The Department is the state agency charged with the responsibility of pursuing disciplinary actions against real estate licensees. At all times material to the allegations of the administrative complaint, Respondent is and has been a licensed real estate salesman in the State of Florida having been issued license number 0347386. On May 7, 1987, the Respondent was charged with seven counts of criminal misconduct. The charging document, an information filed by the State Attorney of the Third Judicial Circuit of Florida, alleged that Respondent had: solicited to commit extortion while armed; solicited to commit murder I while armed; delivered a controlled substance; possessed a controlled substance with intent to sell or deliver; committed grand theft II; and carried a concealed firearm during a felony. Subsequently, Respondent was tried and found guilty of: solicitation to commit extortion (a 3rd degree felony); solicitation to commit murder I (a 1st degree felony); delivery of a controlled substance (a 3rd degree felony); grand theft II (a 3rd degree felony) ; and carrying a concealed firearm (a 3rd degree felony). The judgment of guilt was entered on September 9, 1987. Respondent received a sentence for each of the convictions noted above and was committed to the Department of Corrections with credit for the 150 days of incarceration in the county system he had spent prior to the imposition of the sentences. All sentences ran concurrent with one another. During the time of his incarceration (on or about September 30, 1987), Respondent's real estate license expired. At that time, Respondent mistakenly presumed he was not required to send a notice of the convictions to the Real Estate Commission and, therefore, did not do so. In July, 1989, Respondent was released from prison. Upon his release, Respondent considered what action would be needed to renew his real estate license. To that end, he took a continuing education course and discovered he should have notified the Real Estate Commission of his felony convictions. On March 10, 1990, Respondent wrote a letter to the Real Estate Commission which stated, in part: My name is Gene Stephen Wilson, expired license #0347386. My license expired September 30, 1987. In September 1987, while working in another profession, I was convicted, sentenced and served two and one- half years in a Correctional Institution for a felony charge. Since my license was expired, I did not realize that I was required to report to FREC at that time. Now, after completing my sentence, I have been granted an Order of Executive Clemency by the Governor of the State of Florida. On October 5, 1989, the Governor, with the concurrence of the requisite members of the Cabinet of the State of Florida, filed an Executive Order which granted to Respondent the restoration of his civil rights. Anne Frost, a real estate broker, and Deborah J. Mickle, a real estate agent with Anne Frost, Inc., submitted written statements which attest that, based upon their experiences with the Respondent, he is ethical and professional in connection with the real estate business.
Recommendation Based on the foregoing, it is RECOMMENDED: That the Florida Real Estate Commission enter a final order finding the Respondent guilty of having violated Section 475.25(1)(p), Florida Statutes, suspending his license for a period of two years, imposing an administrative fine in the amount of $500, and requiring a period of probation under such terms and conditions as the Commission may deem appropriate. DONE and ENTERED this 30th day of November, 1990, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH 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 30th day of November, 1990. APPENDIX TO CASE NO. 90-4403 RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE DEPARTMENT: 1. Paragraphs 1 through 5 are accepted. RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE RESPONDENT: None timely submitted. COPIES FURNISHED: Steven W. Johnson Senior Attorney Department of Professional Regulation, Division of Real Estate 400 West Robinson Street Post Office Box 1900Orlando, Florida 32802 Stanley M. Silver, Jr. 217 East Ivanhoe Boulevard, North Orlando, Florida 32804 Darlene F. Keller Division Director 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Kenneth E. Easley General Counsel Department of Professional Regulation 1940 North Monroe, Suite 60 Tallahassee, Florida 32399-0750
