The Issue The issue in this proceeding is whether the Petitioner meets the qualifications for licensure as a real estate salesman and should be allowed to sit for the examination for licensure administered by the Florida Real Estate Commission. The Commission contends that Petitioner is not eligible for licensure on account of several convictions of criminal offenses. Respondent contends that due to the passage of time and subsequent good conduct, the criminal convictions do not render him ineligible for licensure.
Findings Of Fact The Petitioner is a natural person over eighteen years of age and is a bona fide resident of the State of Florida. Except for issues raised with respect to several criminal convictions, there is no issue as to Petitioner's eligibility to take the examination for licensure as a real estate salesman. On August 20, 1962, Petitioner was convicted in the United States District Court for the Southern District of Florida of the offenses of mail fraud and mail fraud conspiracy. He was sentenced to serve consecutive sentences of eighteen months on each of ten counts of an indictment, making a total of fifteen years. On September 20, 1963, Petitioner was convicted by the United States District Court for the Southern District of Florida of conspiracy to transport stolen securities in foreign commerce and causing stolen securities to be transported in foreign commerce. He was sentenced to three-year and one- year prison terms on two separate counts of an indictment. The sentences were imposed to run concurrently with each other and with the sentence imposed in the earlier mail fraud conviction. These convictions resulted from guilty verdicts entered subsequent to jury trials. Petitioner ultimately served three years in prison as a result of these convictions and was paroled in 1971. On June 26, 1967, Petitioner was convicted in the criminal court of record in Dade County, Florida, of issuing worthless checks. He was placed on probation for a period of five years and ordered to make restitution. On or about May 29, 1981, the Florida Office of Executive Clemency issued a Certificate of Restoration of Civil Rights to the Petitioner. By Order entered July 8, 1981, the Governor and Cabinet of the State of Florida granted specific authority to Petitioner to receive, possess or transport a firearm in commerce. Petitioner has been engaged in various business activities in the Orlando area since 1979. He enjoys a reputation for honesty and integrity among business associates. Since he was released from prison in 1971, Petitioner has lived a law-abiding life. He is active in his church and in various civic activities. It appears that if the Petitioner is licensed as a real estate salesman, he would faithfully and honestly represent clients. Petitioner tends to minimize the role that he played in the activities that led to his criminal convictions. It does appear, however, that Petitioner is generally remorseful, and that he has shown himself capable of living an honest life. More than seventeen years have elapsed since Petitioner engaged in any criminal conduct that resulted in a conviction.
The Issue Did the Respondent obtain licensure by fraud or misrepresentation contrary to Section 475.25(1)(m), Florida Statutes?
Findings Of Fact The Respondent, Carl D. Hill, submitted an application for licensure to become a real estate salesperson on June 22, 1981. See Exhibit "A", a true and correct copy of the Respondent's application. Respondent admits he executed the original application in the line designated for the signature of the applicant. Said application was received by the Florida Real Estate Commission on June 26, 1981, and was approved on July 24, 1981. Based upon said application, Respondent was issued license number 0372160 as a real estate salesman. In response to question number six in the referenced application, Respondent replied "no" to the question of whether he had ever been arrested for, or charged with, the commission of an offense against the laws of any municipality, state or nation, including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled. On June 7, 1980, Respondent was arrested by the Hillsborough County Sheriff's Office and charged with trafficking in cocaine, possession of cocaine, delivery of cocaine and possession of a firearm during the commission of a felony. See Exhibit "B". On May 12, 1981, Respondent pleaded guilty to the crime of delivery of cocaine. Upon accepting such plea, the Circuit Court for Hillsborough County imposed a sentence of five years' probation and withheld adjudication.
Recommendation Having found that the Respondent violated Section 475.25(1)(m), Florida Statutes, it is recommended that the license of Respondent as a real estate salesperson be revoked. DONE and RECOMMENDED this 6th day of December, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 6th day of December, 1982. COPIES FURNISHED: David P. Rankin, Esquire 4600 West Cypress, Suite 410 Tampa, Florida 33607 Jack W. Crooks, Esquire 4202 West Waters Avenue Tampa, Florida 33614 Samuel R. Shorstein, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 C. B. Stafford, Executive Director Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 William M. Furlow, Esquire Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact The Respondent has been a registered real estate salesman with the Florida Real Estate Commission from February 17, 1967, until the present. The Respondent was indicted by a federal grand jury in the Middle District of Florida and charged with devising and intending to devise a scheme and artifice to defraud certain named persons and entities by use of the mails and further charged with the commission of an overt act in furtherance of said scheme. U.S. v. Hawk, Case No. 68-47-ORL CR, U.S. District Court for the Middle District of Florida, Orlando Division. On October 11, 1968, the Respondent pled guilty to the offense of devising a scheme to defraud others and executing said scheme by use of the United States Mail and by telephone in violation of Title 18, Section 1341, U.S.C. The Respondent was sentenced to four years' imprisonment upon his plea of guilty. He served 17 months of his sentence before being paroled, which parole ended in October, 1972. The charge to which the Respondent pled guilty and was found guilty did not, in any manner, involve the sale of real property. Since his conviction and release from prison, the Respondent has worked as a real estate salesman. The Florida Real Estate Commission has shown no complaint lodged against Mr. Hawk regarding his registration as a real estate salesman from February 17, 1967, until the present, other than the complaint and allegations presently being considered. There has been no showing that Nelson F. Hawk engaged in any conduct warranting suspension of his registration as a real estate salesman other than that conviction heretofore referred to in 1968. Nelson F. Hawk is guilty of a crime against the laws of the United States involving fraudulent dealing as evidenced by the certificate of Wesley R. Thies, Clerk, United States District Court for the Middle District of Florida.
Findings Of Fact The Respondent, on or about January 15, 1979 pled guilty to four counts of grand larceny in the Circuit Court in and for Dade County, Case No. 77-4457A. Count II of the instant Administrative Complaint apparently was based upon the transaction acts alleged in the Information, (Exhibit 1) . The Petitioner voluntarily dismissed Count I of the Administrative Complaint. In support of the allegations in Count II, the Petitioner presented Exhibit 1 consisting of the State Attorney's Information, the Order withholding adjudication in that criminal case, and the Order granting probation. The Petitioner contends that the fact of the plea of guilty to the larceny charges in Circuit Court is sufficient to prove the allegations of misrepresentation, dishonest dealing, and the numerous other acts proscribed by subsection 475.25(1)(a), Florida Statutes (1977) as amended. The Respondent's plea of guilty to the criminal charges was entered into in the Circuit Court as a result of negotiations with the State Attorney whereby the Respondent was assured that adjudication would be withheld, he would be placed on probation, and no felony conviction would appear on the Respondent's criminal record. The negotiations reached fruition in the order of the Circuit Judge dated January 15, 1979 allowing that result. The Petitioner's exhibit 1 does not contain the guilty plea itself, although it is referred to in the judge's order. The State Attorney's Information contained in that exhibit, to which the guilty plea was directed, merely recites the statutorily derived language necessary to make out charges of larceny, but does not refer to the Goldbergs as victims, mentions no specific amounts of money, makes no mention of a purported mortgager-mortgagee relationship, nor does it relate the charges to a real estate transaction in any way. No other evidence in support of the alleged violations of Section 475.25(1)(a) Florida Statutes (1977) was adduced.
Recommendation Having considered the evidence in the record, the foregoing Findings of Fact and Conclusions of Law, and arguments of counsel, it is therefore RECOMMENDED that the Respondent be found not guilty and that the Adiainistrative Complaint filed in this cause be dismissed, and Case No. 80-1721 be closed. DONE and ENTERED this 22nd day of January, 1981, in Tallahassee, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of January, 1981. COPIES FURNISHED: Salvatore A. Carpino, Esquire Assistant General Counsel Department of Professional Regulation Board of Real Estate 130 North Monroe Street Tallahassee, Florida 32301 Julian R. Benjamin, Esquire Executive Suite DuPont Plaza Center 300 Biscayne Boulevard Way Miami, Florida 33131
Findings Of Fact The Respondent, at all times pertinent hereto, was, and still is, the holder of a Florida real estate salesman license, number 0402455. On or about September 6, 1985, the Respondent was indicted on 9 felony counts in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida. On or about September 2, 1986, the Respondent was found guilty of 2 counts of first degree murder in violation of Section 782.04, Florida Statutes, 2 counts of making, possessing, throwing, placing or discharging any destructive device resulting in the death of another in violation of Section 790.161, Florida Statutes, 3 counts of arson resulting in injury in violation of Section 806.031(2), Florida Statutes, 1 count of arson in violation of Section 806.01(1), Florida Statutes, and 1 count of attempted first degree murder in violation of Sections 777.04 and 782.04, Florida Statutes. On or about September 16, 1986, the Respondent was sentenced to two life terms in prison, said terms to run consecutively, and three 15-year terms and two 22-year terms in state prison, said terms to run concurrently. The 15- year and 20-year terms are to run consecutively to the life terms. The Respondent is in the custody of the Florida Department of Corrections and is confined to the Union Correctional Institute. The Respondent failed to inform the Petitioner in writing that he had been convicted of a felony within 30 days after his conviction. The Respondent's conviction is currently on appeal to the Second District Court of Appeal.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's license as a real estate salesman be revoked; provided, that if the Respondent's conviction is reversed on appeal, that his license as a real estate salesman be reinstated. DONE and ENTERED this 27th day of July, 1987, in Tallahassee, Florida. LARRY J. SARTIN 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 27th day of July, 1987. APPENDIX TO RECOMMENDED ORDER The Petitioner has submitted proposed findings of fact. All of the Petitioner's findings of fact have been accepted. The paragraph numbers of the Petitioner's proposed findings of fact correspond with the paragraph numbers of the findings of fact in this Recommended Order. COPIES FURNISHED: Mr. Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Joe Sole, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 James R. Mitchell, Esquire Senior Attorney Department of Professional Regulation Division of Real Estate 400 West Robinson Street Orlando, Florida 32802 Steven Wayne Benson Union Correctional Institution #104033 66-113-1 Post Office Box 221 Raiford, Florida 32083 =================================================================
Recommendation Based upon the foregoing Findings Of Fact and Conclusions Of Law, it is RECOMMENDED that the Florida Real Estate Commission enter a final order DENYING Charles A. Pantino's application for licensure as a real estate salesman. RECOMMENDED this 29th day of October, 1980, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9673 Filed with the Clerk of the Division of Administrative Hearings this 29th day of October, 1984.
The Issue Whether Petitioner has demonstrated that he is honest, truthful, trustworthy, of good character and has a good reputation for fair dealing as required by Section 475.17(1), Florida Statutes.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, a consideration of the post-hearing memoranda and the entire record compiled herein, the following relevant facts are found. On February 13, 1982, Petitioner filed an application for licensure as a real estate salesman with the Commission. Petitioner, prior to moving to Florida, was employed as a deputy sheriff for the Los Angeles County (California) Sheriff's Department for approximately seven (7) years. He was honorably discharged from the Sheriff's Department. By letter dated April 27, 1982, the Commission denied Petitioner's application, stating therein that the specific reasons for its (the Commission's) actions were based on his answer to question number six (6) of the licensing application. The application form for licensure as a real estate salesman includes a question number six (.6), which inquires: Have you ever been arrested for, or charged with, the commission of an offense against the laws of any munici- pality, state or nation, including traffic offenses . . . without regard to whether convicted, sentenced, pardoned or paroled? The Petitioner responded "yes" to the inquiry. The question goes on to request: "If yes, state details, including the outcome in full." In response to this inquiry, Petitioner submitted the following: "Possession of a counterfeit substance, not found guilty, terms of probation, expunged record." Respondent's Exhibit No. 1, a certified copy of judgment and sentence, shows that Petitioner pled nolo contendere to the charge of sale of counterfeit controlled substance, Section 817.563, Florida Statutes, and on February 12, 1982, was sentenced to five (5) years of probation with the Florida Department of Corrections. Adjudication of guilt was withheld. Petitioner is presently serving the five (5) years of probation. (Tr. pp. 15-16) Petitioner acknowledges that the court informed him as to the charges against him in open court. (Tr. p. 26) Petitioner claims that he pled no contest to possession of a counterfeit controlled substance. Finally, Petitioner admitted that the arrest record for sale of a counterfeit controlled substance was not expunged. (Tr. p. 22) Petitioner has appealed the order of court on constitutional grounds and stated his belief that expungement will be granted upon satisfactory completion of his probationary term. At present however, his record relative to that charge has not been expunged.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the Florida Real Estate Commission enter a Final Order denying Dwayne Lee Hill's application for a real estate license pursuant to Subsection 475.17(1), Florida Statutes. DONE and RECOMMENDED this 19th day of October, 1982, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of October, 1982.
Findings Of Fact Stuart Jacobs is a registered real estate salesman holding registration certificate No. 0161986 as a non-active real estate salesman. See EXHIBIT 1, Affidavit of C. B. Stafford. Stuart Jacobs first applied for registration with the Florida Real Estate Commission on March 16, 1976, which was received by Florida Real Estate Commission on March 17, 1976. See EXHIBIT 2, Affidavit of C. B. Stafford. In answer to Question No. 6, Jacobs answered "Yes," and explained in the space provided as follows: "1. Traffic offenses (accident) 2. Charged with grand larceny but no conviction of record." On or about July 20, 1976, Mr. Robert J. Corda, investigator for Florida Real Estate Commission, contacted Stuart Jacobs and arranged to meet with Jacobs to discuss Jacobs' response to Question No. 6, specifically as it related to Jacobs' having been charged with grand larceny. Shortly thereafter a meeting was held between Corda and Jacobs and at that meeting Jacobs prepared .and submitted another application. The original of that application was produced at the hearing from Mr. Corda's file which was received as EXHIBIT 7. Also produced from the Florida Real Estate Commission's file at the hearing was a letter dated July 22, 1976 from Mr. Jacobs to Mr. Corda, which was received as EXHIBIT 6. Mr. Corda was fully advised of Mr. Jacobs' status at the meeting and of the facts behind Jacobs' trial by letter. Jacobs was found guilty of the criminal charges but adjudication was withheld. See EXHIBIT 3, Criminal Information #CR74-2526; EXHIBIT 4, Jury Verdict finding Jacobs guilty of the offense charged in Information #CR74-2526; and EXHIBIT 5, Order Withholding Adjudication of Guilt and Placing Defendant on Probation. Jacobs was registered by the Florida Real Estate Commission effective September 4, 1976, as a non-active salesman, two and one half months after this interview and correspondence with Corda.
Recommendation There being absolutely no evidence of fraud, misrepresentation or concealment by Jacobs which resulted in his registration as a real estate salesman, the Hearing Officer recommends no action be taken against the license of Stuart Jacobs. DONE and ORDERED this 10th day of March, 1977, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Richard J. R. Parkinson, Esquire Associate Counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Ralph V. Hadley, III DAVIDS, BENSON & HADLEY, P.A. Post Office Box 1312 Winter Garden, Florida 32787
