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
Findings Of Fact At all times relevant hereto Frank LaRocca, Respondent, was the holder of Real Estate Broker License Nos. 0050488, 0236407 and 0170796 issued by the Florida Real Estate Commission. On or about July 12, 1989, the Respondent, in the United States District Court, Middle District of Florida, upon a verdict of guilty rendered by a jury, was found guilty of five counts of conspiracy to commit bank fraud, a felony. On or about July 12, 1989, Respondent was sentenced to imprisonment for four years. On or about August 1, 1989, the United States District Court Judge ordered a stay of the judgment against Respondent pending completion of Respondent's appeal. Frank LaRocca was a vice-president of the Central Bank in Tampa, Florida, when he retired in May 1984 after working at this bank for 31 years. During this period, he enjoyed a good reputation in the community. Upon his retirement from the bank, he became an active real estate broker principally investing in real estate. The transactions which formed the bases for his conviction in federal court involved bank loans on condominiums he and three other partners purchased. These bank loans had all been repaid at the time of Respondent's trial but one, which had been refinanced by the bank.
Recommendation Taking all these factors into consideration, it is recommended that the licenses of Frank LaRocca as a real estate broker be revoked, but the revocation be stayed pending completion of his appeal to the court of appeals or two years whichever first occurs. At that time, depending upon the action of the court of appeals, his license be revoked or these proceedings dismissed. ENTERED this 7th day of February, 1990, in Tallahassee, Florida. K. N. AYERS 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 7th day of February, 1990. COPIES FURNISHED: Steven W. Johnson, Esquire Kenneth E. Easley Division of Real Estate General Counsel 400 W. Robinson Street Department of Professional Orlando, FL 32801-1772 Regulation 1940 N. Monroe Street Frank LaRocca Suite 60 Tallahassee, Florida 32399-0792 4814 River Boulevard Tampa, FL 33603 Darlene F. Keller Division Director Division of Real Estate 400 W. Robinson Street Post Office Box 1900 Orlando, FL 32801
The Issue Whether petitioner's application for a real estate salesman's license should be denied on the ground that he fails to meet the requirement that an applicant be "honest, truthful, trustworthy, and of good character, and shall have a good reputation for fair dealing. "
Findings Of Fact In March, 1981, petitioner filed an application for licensure as a real estate salesman. (Joint Exhibit 1.) Question No. 6 of the application and petitioner's answer (underlined below) were as follows: 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 (but not parking, speeding, inspection or traffic signal vio- lations), without regard to whether convicted, sentenced, pardoned or paroled? Yes. If yes, state details including the outcome in full: Arrested in Savannah, Georgia 1974 for Sales and Possession of Marijuana--Case Dropped- Beaufort, South Carolina 1974 Simple Posses sion of Marijuana--fined $100.00--1978 following to [sic] close--Sarasota, FL $31.00 fine. (Joint Exhibit 1.) At hearing, petitioner confirms his answer to Question No. 6. In 1974, he was in the U.S. Marine Corps and stationed at Beaufort, South Carolina. He was arrested twice on criminal charges. On August 14, 1974, he was arrested in Savannah, Georgia, on charges of possession and sale of marijuana. The present state of the charges is uncertain. At hearing, petitioner invoked his Fifth Amendment privilege in response to questions concerning the circumstances surrounding that arrest. His second arrest occurred in Beaufort, South Carolina; on November 7, 1974, he pleaded guilty to the criminal charge of simple possession of marijuana and paid a $100 fine. Other than a subsequent arrest in Port Charlotte, Florida, arising out of a marriage dissolution (the charge of withholding means of support was ultimately dropped) , petitioner has not been arrested or convicted of any crime since 1974. (Testimony of R. Kiebler; Joint Exhibits 2, 3.) During the last five years, petitioner has been employed by various glass and window companies in southwest Florida. Since February, 1981, he has worked as a salesman for Bill's Custom Glass and Mirror Company in Naples, Florida. In that capacity, he called on contractors, read prints, submitted bids, and signed contracts. He performed his work well; his employer considers him to be a very honest and reliable individual. (Testimony of Reagan, R. Kiebler; Joint Exhibit 1.) Since moving to Naples in February, 1980, petitioner has earned a reputation for truthfulness, honesty, and fair dealing in business affairs. (Testimony of S. Kiebler.)
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the application of Ronald Leroy Kiebler for a Florida real estate salesman's license be GRANTED. DONE AND RECOMMENDED this 12th day of November, 1981, in Tallahassee, Florida. R. L. CALEEN, JR. 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 12th day of November, 1981. COPIES FURNISHED: Michael E. Burns, Esquire 945 Central Avenue Naples, Florida 33940 Jeffrey A. Miller, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Carlos B. Stafford Executive Director Board of Real Estate 400 West Robinson Street Orlando, Florida 32789
Findings Of Fact The Petitioner is charged with enforcing the provisions of Chapter 475, Florida Statutes, and related rules which establish the licensure and practice standards for real estate brokers and salesmen in the State of Florida and provide for a method of enforcing those standards. The Respondent is a licensed real estate salesman, being issued license number 0443228, in accordance with Chapter 475, Florida Statutes. The Respondent's last licensed practice location was as a salesman with John Davidson Realty, Inc., at 949 Jenks Avenue, Panama City, Florida 32401. The Respondent was first licensed in January of 1985. In November of 1983, the Respondent engaged in a telephone call(s) to introduce or serve as an intermediary between two old friends. The purpose of the calls was to arrange for one of his friends to buy a quantity of marijuana from the other. This arrangement arose out of friendships based upon the Respondent's former residence in Key West, Florida. The Respondent helped his friends arrange a marijuana sale transaction; and a few months later, in approximately June of 1984, he again telephoned one of them to urge him to pay the money he owed the seller of the marijuana. That was the extent of the Respondent's involvement in the illegal drug transaction. On December 29, 1988, the Respondent, was indicted, with other defendants, on a number of related charges concerning the use of the mails and telephones in promoting and facilitating the distribution, and the conspiracy to distribute, marijuana, and the commission of acts which are felonies under federal drug laws. He pled guilty to Count V of that indictment involving the intentional use of the telephone in facilitating another in commission of acts which are felonies under federal drug laws, specifically, the distribution and conspiracy to distribute a quantity of a controlled substance: to wit, marijuana. Thus, the Respondent was ultimately convicted of a violation of Title 21, United States Code, Section 843, after his agreed plea was ultimately entered on April 18, 1989. On that date, the United States District Court for the Northern District of Florida entered a judgment convicting the Respondent of violating that Section of the United States Code, as charged in Count V of the indictment. The court sentenced the Respondent to three years of imprisonment, which was then suspended on the condition that the Respondent be confined in a treatment institution for 90 days. The Respondent carried out that sentence by spending nights in a "halfway house", while working during the day. The Respondent immediately notified the Petitioner of his conviction on or about April 24, 1989, by letter. The Respondent candidly explained his predicament to the Florida Real Estate Commission without any prompting by the Commission and asked for the Commission's guidance. Ultimately, the Petitioner responded by filing the subject administrative complaint. The Respondent also fully cooperated with the federal authorities in the prosecution of the various criminal matters relating to the confiscation of property acquired with drug sale proceeds by other individual defendants named in the original indictment. This criminal act was committed by the Respondent prior to his licensure as a real estate salesman in the State of Florida. Since the original criminal conduct, the Respondent, in early 1984, married and has since had four children. He, through his own testimony and that of his witnesses, established that he is an exemplary family man, husband and father of his children. He has been a good provider for his family and himself since he has been a very successful real estate salesman, with a higher professional certification pending for him in the field of commercial real estate. A number of real estate brokers in the Panama City area with whom the Respondent has worked as a business associate or employee attested to his excellent reputation for honesty and fair dealing in all business and personal transactions and to the purity of his personal character. Since his entry into the real estate sales profession, he has become prominent both in the actual practice of his profession and in related professional organizations and civic activities. He has truly proved himself to be a rather admirable citizen since his unfortunate illegal conduct and resulting conviction. This altercation with the federal criminal justice system was the only one on his record, and he has had no violations in a professional context since he was licensed as a real estate salesman. The Respondent's evidence establishes unequivocally that he has rehabilitated himself from the effects and personal blemish of his past miscreant conduct. No evidence was adduced to refute that showing, because the Petitioner essentially no longer disputes those facts. His rehabilitation is to such an extent that it is obvious that his prior criminal conduct, should it become known to the public, would not likely cause or induce the public to fear that he would act to his clients' detriment in the conduct of their business affairs and the handling of their funds. In summary, the peculiar circumstances of this case, starting with the fact that the Respondent himself was not directly involved in the sale of illegal drugs, but rather was seeking to "help out a friend", albeit wrongfully, through the remaining facts established, which prove his rehabilitation, have shown that his prior criminal conduct does not reflect adversely on his ability to serve as an exemplary licensed real estate professional in the State of Florida.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses and the pleadings and arguments of the parties, it is, therefore RECOMMENDED that a Final Order be entered by the Petitioner finding the Respondent guilty of a conviction of a crime involving moral turpitude, as prohibited by Subsection 475.25(1)(f), Florida Statutes, and that the penalty of a private, written reprimand be imposed. DONE AND ENTERED this 5th day of July, 1990, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF, 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 6th day of July, 1990. APPENDIX TO RECOMMENDED ORDER CASE NO. 89-6876 The following discussion is given concerning the fact proposals of the parties: Petitioner's Facts 1-9. Accepted. Respondent' s Facts The Respondent filed no proposed findings of fact. COPIES FURNISHED: Darlene F. Keller, Division Director Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, FL 32802 Kenneth E. Easley, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 James H. Gillis, Esquire Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, FL 32802 Glen L. Hess, Esquire 9108 West Highway 98 Panama City Beach, FL 32407
The Issue The issue to be resolved in this proceeding concerns whether the Petitioner should be accepted for licensure as a real estate salesman or whether that application for licensure should be denied on account of her past criminal record.
Findings Of Fact On or about January 19, 1989, the Petitioner filed her application for licensure as a real estate salesman. The Respondent is an agency of the State of Florida charged with regulating the practice of licensed real estate salespersons and with regulating and controlling entry into that profession in accordance with the provisions of Chapter 475, Florida Statutes, and related rules. The Petitioner answered question 6 on that application, the question inquiring as to her criminal history, by enclosing a copy of her arrest record and candidly admitting that she had been subjected to criminal prosecution in the past. That arrest record reflected charges of driving under the influence (DUI) to which she plead guilty and was placed on probation for a term of six months in each of two cases. The record also reflected 22 incidents of issuing worthless checks. She was prosecuted for these with the result that adjudication was withheld and the Petitioner was ordered to make restitution and to pay court costs. The criminal record further discloses that Petitioner was adjudicated guilty of grand theft in 1985 involving a retail store, apparently Sears, in Pensacola, for which she was adjudicated guilty and placed under community control for one year, ordered to make restitution and to perform six weeks of community service followed by one year of probation. The denial was only based upon the worthless check charges and the 1983 DUI conviction as well as a conviction in Texas occurring in 1981, when the Petitioner was 17 years old. The Petitioner candidly admitted this criminal histor both on her application form and in her testimony at hearing. The Texas charge was not indicated on her application form because the Petitioner had been told by the prosecutor in Texas that the result of her offense would not be of record for purposes of later employment. That charge involved alleged grand theft which was reduced by the prosecution to a charge of disorderly conduct for which she was adjudicated guilty and required to pay a fine and court costs. The factual circumstance in the Texas charge involved the theft of a tube of lipstick and a bottle of nail polish. The Petitioner testified that the prosecutor in San Antonio had told the Petitioner's mother that it was a juvenile offense which would have no effect on her record. With regard to the bad check charges, full restitution was made to all the vendors involved before the matter went before the court for adjudication. Although the criminal records reflect various arrests through 1985 and in 1986 on the worthless check charges, in fact the Petitioner established that the checks were all written in a very short period in the summer of 1985, but were prosecuted at different times, hence the different arrests. The Petitioner is genuinely remorseful about those charges and the related conduct and established that, by way of mitigation, they occurred at a time when she was only 21 years old, was married, but was having marital discord with her then husband, who exerted a great deal of influence in inducing her to issue the worthless checks. They have since become divorced and she is making an effort to better herself and engage in a productive life and career. She freely acknowledges that at the time of the San Antonio, Texas, disorderly conduct conviction she was 17 years old and at the time of the worthless check and grand theft convictions in Florida she was only approximately 21 years of age, was quite immature and having significant personal problems which she has since overcome. She is genuinely sorry for engaging in such conduct and has consistently attempted to improve her life ever since. She has held a number of jobs as waitress and cashier for local restaurants in the Pensacola area and the Navy Club at the Pensacola Naval base. This includes the handling of large sums of money or her employers for which she has an unblemished record, accounting for all monies entrusted to her in an honest, reliable way. This testimony to this effect is borne out by various letters of recommendation which the Respondent stipulated into evidence and in which former employers and friends all uniformly attest to her good reputation and character, all of whom knew of her past criminal history. They unhesitatingly describe her reputation and character as good. Her employers so attesting to her reputation for honesty and good morals attest to the fact that she worked in a capacity as waitress and cashier and successfully and honestly handle their funds. In particular, as a waitress at the Pensacola "Navy Club," she was placed in charge of the bingo concession or activity and served as the cashier for thousands of dollars collected in the course of such activities. She handled and accounted for these large sums of money in an honest, reliable and accurate fashion to the satisfaction of her employer. The Petitioner's one witness aside from herself was Rusty Coleman. He has known the Petitioner for at least three years and they are best friends. He was aware of her past criminal problems because she has told him about them herself. He finds her trustworthy and an honest, decent person who is seeking to better herself and become a reliable, productive citizen and member of society, as evidenced by her pursuing her higher education since the criminal episodes of record. It is noteworthy that although 22 incidents of prosecution for worthless checks appear at first to be a significant level of such miscreant conduct, that all the checks were issued within a short period of time in 1985 when she was under considerable stress due to her unfortunate and successful marriage situation, and related financial difficulties, and the same consideration applies to the issue of the grand theft conviction and the DUI convictions in 1983. Under ordinary circumstances this aggregation of criminal convictions and conduct would appear sufficient to preclude an applicant from licensure approval only four years after the last incident of such conduct, as was reflected in her criminal record. It is noteworthy however, that, in addition to the Petitioner's own credible, candid testimony concerning her genuine change in attitude and attempt to live an honest, productive life, that none of this type of conduct was repeated after the time when she ended her unsuccessful marriage and the related stress it caused in both an emotional and financial sense. She has honestly pursued gainful employment ever since, in positions of trust, handling large sums of money and further has embarked on a higher education career as well as, at the same time, successfully completing and passing her real estate instruction course in an effort to prepare herself for a productive, honorable profession. Under these circumstances, established by the Petitioner, her attending witness, and the corroborative statements admitted in evidence, although only four years have elapsed; it is found that in her particular situation that is sufficient time, coupled with the other evidence of her rehabilitation, to justify admitting her to licensure if she should pass the state examination involved. This is particularly true given that the Respondent has sufficient regulatory authority to oversee her entry into and practice of the profession so that it can ensure that the public is protected through its authority to impose accounting and reporting requirements on all funds and transactions the Petitioner might engage in as a realtor as conditions upon her entry into the profession. Under the peculiar circumstances of this case it is thus fund that the Petitioner has established her rehabilitation and resultant qualification for licensure.
Recommendation Having considered the foregoing findings of fact and conclusions of law, the evidence of record, the pleadings and arguments of the parties, and the candor and demeanor of the witnesses, it is, therefore, RECOMMENDED: That Petitioner's application for licensure as a real estate salesman be granted. DONE and ENTERED this 30th day of November, 1989, in Tallahassee, Florida. P. MICHAEL RUFF 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 30th day of November, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 89-2127 Respondent's Proposed Findings of Fact Accepted. Accepted except that the criminal record in evidence shows that only 22 charges of issuing worthless checks were the subject of criminal proceedings. Accepted. Accepted. Accepted in a general context, but subordinate to the Hearing Officer's finding of fact on this subject matter. Accepted. COPIES FURNISHED: Delia H. Dolan 2635 Belle Christiane Circle Pensacola, Florida 32503-5860 Manuel E. Oliver, Esquire Department of Legal Affairs 400 West Robinson Street, Suite 212 Orlando, Florida 32802 Darlene F. Keller, Director Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32802 Kenneth E. Easley, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 =================================================================
Findings Of Fact On September 21, 1979, the Petitioner completed his application for registration as a real estate salesman. The application was received by the Board on September 23, 1979. The application contains the following question: (6) 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 (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled? Petitioner's arrest record reflects that he was involved in two incidents with the law. The first occurred on April 25, 1975, when he was arrested on two charges, robbery of a business and assault with intent to commit a felony. The second incident occurred on December 6, 1977, and resulted in arrests for amphetamine possession, resisting arrest with violence, criminal mischief, aggravated assault and possession of a concealed firearm. The second incident resulted from a domestic dispute between Petitioner and his former wife. No indictment was returned or information filed as to the arrests which resulted from the April 25, 1975, incident. The December 6, 1977, incident resulted in a conviction on the resisting arrest charge. No indictment was returned or information filed on the remaining charges. In his application, Petitioner responded to question six (6), as set forth above, by stating that he was involved in two criminal episodes. However, as to the second set of charges, Petitioner failed to fully state those offenses which he had been arrested for or charged with. It was Petitioner's understanding that the arrests which did not result in charges being filed were not required to he listed. Petitioner reached this conclusion after consulting a real estate instructor at the real estate school he attended in preparation for the exam. Additionally, Petitioner was confused regarding the legal status of the second set of charges. Due to the above circumstances, Petitioner unintentionally failed to fully disclose his prior arrest record. The fact that his arrests for the 1975 incident were fully disclosed while the 1977 arrests were not, supports this finding in that the disclosed 1975 arrests involved potentially more serious charges. Petitioner has not been involved with the law since the 1977 incident, has since remarried and as evidenced by character letters and testimony, presently holds and has held two responsible jobs in the Orlando area. (Petitioner Exhibit 1-4)
Recommendation It is, therefore RECOMMENDED: That Petitioner be given leave to immediately file a new application showing that he meets the qualifications for registration as a real estate salesman. DONE and ORDERED this 28th day of May, 1980, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Randy Schwartz, Esquire Assistant Attorney General The Capitol Tallahassee, Florida 32301 Ken Oertel, Esquire General Counsel Department of professional Regulation-Legal Section 2009 Apalachee Parkway Tallahassee, Florida 32301 William M. Stern, Esquire SHADES & STERN, P.A. Suite 510, 151 Wymore Road Altamonte Springs, Florida 32701 C. B. Stafford, Executive Director Florida Board of Real Estate 400 West Robinson Post Office Box 1900 Orlando, Florida 32801
Findings Of Fact At all times relevant hereto, respondent, Larry C. Abramson, held real estate salesman license number 00400601 issued by petitioner, Department of Professional Regulation, Division of Real Estate. He currently resides at 830 Southeast Fifth Terrace, Pompano Beach, Florida. On or about July 19, 1984, respondent entered into a negotiated plea of guilty to a one-count information charging a conspiracy to commit securities fraud and mail fraud arising from an insider trading scheme in violation of Title 18, United States Code, Section 371. A violation of the foregoing section carries a maximum sentence of five years and a $10,000 fine. When the violation herein occurred, Abramson was employed as a plant superintendent and manufacturing supervisory staff member for a New York financial printing concern. Documentation received in evidence concerning the charge are (a) a letter of June 15, 1984 executed by respondent and the prosecuting attorney outlining the nature of the plea and Abramson's requirement to fully cooperate with the government, (b) a news release issued by the United States Attorney outlining the guilty plea, (c) a certified copy of Abramson's docket sheet in the U. S. District Court in New York City, (d) a copy of the information filed against respondent, and (e) a certified copy of respondent's waiver of indictment and consent to information. However, respondent has not yet been sentenced by the court, and there is no evidence of record that the plea of guilty has been accepted by the court.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the administrative complaint be DISMISSED with prejudice. DONE and ORDERED this 28th day of August, 1985, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, FL 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of August, 1985.
Findings Of Fact In his application for licensure as a real estate salesman dated January 19, 1982, Petitioner answered question 6 inquiring about previous arrests "yes" and for details wrote "see attached page." On the attached page Petitioner noted to see attached copy of his past driving record. That record shows four traffic violations in 1975, two in 1976 and one in 1977. Only one of these violations resulted from an accident and in this accident there were no injuries. None of these violations were for DWI. On April 1, 1975 Petitioner became 17 years old. On the attached page Petitioner also wrote in answer to question 6: In 1976 applicant was charged with breaking and entering after turning himself in to the police upon advice of the naval recruiting officer. Was exonerated of charge upon entering U.S. Navy soon thereafter. In 1977 applicant was charged with possession of marijuana. Sentenced to six months probation. After successfully completing said proba- tion charges were removed from ap- plicant's record. In checking police files in Ottowa County, no record of these charges will be found. I hope my honesty in this matter will be taken into consideration. NOTE: Both criminal violations mentioned occurred in Holland, Michigan, Ottowa County. The breaking and entering charges were dropped and Petitioner was never tried on those charges. The check made by Respondent through the Florida Department of Law Enforcement revealed no criminal record for Petitioner. This is corroborated by Exhibit 1. In 1977 when Petitioner was found guilty of possession of marijuana at the age of 19, it appears that adjudication of guilt was withheld and upon successful completion of six months' probation this offense was expunged from the record. This offense did not show up on the FBI fingerprint search conducted on this application. This too is corroborated by Exhibit 1. Possession of a small amount of marijuana is a misdemeanor. Petitioner has had no arrests for any offense, including traffic offenses, in the past four years (since he was 20 years old). His reputation for truth and veracity is good and he can be trusted in a business transaction. On the witness stand Petitioner presented a forthright demeanor and fully answered all questions. He applied for a job as an account executive with A. G. Edwards & Sons and after completing the battery of tests and the interview with the Vice President and Branch Manager of the New Port Richey office, the latter deemed Petitioner qualified. Exhibit 2 corroborates Petitioner's testimony in this regard. If the brokerage business picks up Petitioner expects to be employed in the A. G. Edwards office in February, 1983. While working as a correctional officer at Pasco County Correction Center, Petitioner was promoted temporarily to assist shift supervisor and was recommended for permanent promotion to shift supervisor. (Petitioner's testimony corroborated by Exhibit 4.)
