Findings Of Fact The Respondents, Ernest Page and Page Realty, Inc. are licensed as real estate brokers in the State of Florida, having been issued license numbers 0187380 and 0223391, respectively. From approximately July 28, 1983, to approximately August 11, 1983, the Respondent, Ernest Page, knowingly obtained or used, or endeavored to obtain or use, certain personal property, including typewriters, copy machines, a television receiver, and a stereo receiver, each of which was valued at $100.00 or more, which was the property of Stewart Hudson or Michael Bethea, with the intent to temporarily or permanently deprive the owners thereof, and to appropriate this property to their own use. The Respondent, Ernest Page, had received and was in possession of property that he knew or had reason to know was stolen. The Administrative Complaint tracked the charging language of the information filed against the Respondent, Ernest Page, in the Circuit Court of the 9th Judicial Circuit of Florida. The Respondent, Ernest Page, was found guilty of six counts of grand theft second degree by a jury on January 31, 1984. He was adjudicated guilty by judgment dated March 28, 1984, of six counts of grand theft second degree, which crimes are punishable as third degree felonies. The Respondent, Ernest Page, was sentenced on March 28, 1985.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that real estate broker's license numbered 0187380 and 0223391, held by the Respondents, Ernest Page and Page Realty, Inc., respectively, be revoked. THIS RECOMMENDED ORDER entered this 31st day of May, 1985, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS 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 31st day of May, 1985. COPIES FURNISHED: James H. Gillis, Esquire 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32801 Edward R. Kirkland, Esquire 126 E. Jefferson Street Orlando, Florida 32801 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Harold Huff, Executive Director Department of Professional Regulation 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32802
The Issue The issue is whether Respondent should deny an application for a real estate sales associate license on the alleged grounds that Petitioner is in violation of Subsections 417.17(1)(a), 475.181, and 475.25(1)(f), Florida Statutes (2008).1
Findings Of Fact Respondent is the state agency responsible, in relevant part, for licensing real estate sales associates in the State of Florida, pursuant to Chapter 475. At a date not disclosed in the record, Petitioner applied for a real estate sales associate license, and Respondent subsequently issued the Notice of Denial. Petitioner is a male who was born in 1964 and is approximately 45 years old. From January 26, 1983, through May 5, 2002, Petitioner ranged in age from approximately 19-to- 38 years old. During those 19 years, Petitioner was convicted of approximately 15 crimes. Approximately seven of those convictions were for felonies. The felony convictions included larceny, aggravated battery with a weapon, burglary, grand larceny, grand theft, and possession of cocaine. Other convictions included resisting arrest without violence, criminal mischief, failure to appear, probation violation, and defrauding an innkeeper. Seven years have elapsed from the last conviction in 2002. During that time, Petitioner has married, purchased a home, and started his own business. However, Petitioner has not demonstrated sufficient rehabilitation when the scope and extent of the criminal history is weighed against the evidence of rehabilitation. Petitioner did not provide any letters of recommendation during the application process.2
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order denying Petitioner’s application for a license. DONE AND ENTERED this 21st day of December, 2009, in Tallahassee, Leon County, Florida. S DANIEL MANRY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 21st day of December, 2009.
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 Respondent's Registration as a real estate salesman should be revoked for alleged violation of Section 475.25(1)(e), and 475.25(2), Florida Statutes. Respondent was not represented by legal counsel at the hearing and, accordingly, he was advised as to his rights under the Administrative Procedure Act, including the right to testify as a witness, if he so desired. The Respondent acknowledged understanding of his aforesaid rights and elected to represent himself.
Findings Of Fact Respondent has been registered as a real estate salesman since April 17, 1975 (Exhibit 1.) On October 9, 1975, in the United States District Court for the Southern District of Florida, upon a plea of guilty, Respondent was convicted of the offense of knowingly and intentionally distributing a controlled substance in violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2. Respondent was committed to the custody of the Attorney General or his authorized representative for imprisonment for a period of 18 months, or until otherwise discharged by due process of law, and to serve a special parole term of three years as provided by law (Exhibits 2,3) Respondent was confined in the Federal Prison Camp at Eglin Air Force Base, Florida on November 5, 1975. His confinement, will extend to January 11, 1977, unless sooner paroled (Exhibits 4,5.) Respondent testified at the hearing and admitted that he had made a mistake, but believes that he should not be, subjected to adverse action concerning his registration as a real estate salesman because he will have paid his debt to society after serving his sentence. He stated that he must work when he leaves prison in order to support his two children, that his previous reputation was good and that his offense was an isolated incident brought on by the bad economic situation at the time (Testimony of Respondent)
Recommendation That Respondent's registration as a real estate salesman be revoked pursuant to Section 475.25(2), Florida Statutes. DONE and ORDERED this 20th day of May, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Lewis B. Guttmann, III, Esquire Staff Attorney Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Ronald R. Eppinger c/o Superintendent E.V. Aiken Eglin Federal Prison Camp P.O. Box 600 Eglin Air Force Base Eglin, Florida 32542
The Issue At issue is whether respondent's license as a real estate salesman should be disciplined for the alleged violations set forth in the administrative complaint. Based on the evidence, the following facts are determined:
Findings Of Fact At all times relevant thereto, respondent, Kevin P. Sheehy, held real estate salesman license number 0203610 issued by petitioner, Department of Professional Regulation, Division of Real Estate. The license is currently in an involuntary inactive status. On October 14, 1983, respondent was convicted in the United States District Court for the Middle District of Florida on the charges of (a) conspiracy to import marijuana and (b) importation of marijuana. For this he received a four year sentence on each count to run concurrently and a special parole term of five years. According to his counsel, he began serving his sentence on September 5, 1985 at Eglin Air Force Base. He is eligible for parole around April, 1987. Prior to his conviction, respondent was employed as a real estate salesman in a real estate firm in Tavanier, Florida. When Sheehy is released, his former broker intends to offer him a job as a salesman, assuming Sheehy holds a license, for the broker found Sheehy to be honest, trustworthy, productive, and a hard worker. This was corroborated by another person in the community. Both witnesses urged that Sheehy, who is 27 and afflicted with juvenile diabetes, be given the opportunity to pursue a livelihood when he is paroled. There is no evidence that Sheehy failed to notify the Division of Real Estate of his felony conviction within thirty days after the date of his conviction.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty as charged in Counts VII and VIII of the administrative complaint, and that ,, his real estate salesman license be suspended for eighteen months. The remaining charge in Count XIX should be DISMISSED. DONE and ORDERED this 9th day of January, 1986, in Tallahassee, Florida. DONALD R. ALEXANDER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of January, 1986.
The Issue The central issue in this case is whether Petitioner's application to take the examination for real estate licensure should be approved.
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, the following findings of fact are made: On December 12, 1988, Petitioner, John Carl English, filed an application for licensure as a real estate salesman with the Department of Professional Regulation, Division of Real Estate. That application requested information regarding Petitioner's past and specifically asked the following: "6. 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's response to question 6 was "yes." In response to question 7, Petitioner disclosed that he had been convicted of income tax evasion. Petitioner attached information to the application to further clarify his past activities and to disclose his parole status. That information provided: #6 continued: 1967-Virginia Beach, Virginia Charge: Contributing to delinquency of minors (sale of marijuana by 18 year old to 17 year old) Disposition: Fine paid. Sentence suspended. 1969-Virginia Beach, Virginia Charge: Maintaining a nusiance(sic) Disposition: Three year sentence overturned by Federal Court. Statute removed by legislature. 1976-Virginia Beach, Virginia Charge: Posession(sic) of marijuana Disposition: Sentence suspended 1977-Fort Lauderdale, Florida Charge: Posession(sic) of marijuana, hashish, cocaine. (by association) Disposition: Case dismissed 1978-Pensacola, Florida Charge: Posession(sic) of firearm by convicted felon (related directly to 1977 arrest) Disposition: Case dismissed (no convicted felon) 1982-Charges and locations: Charleston, South Carolina-marijuana conspiracy Charleston, South Carolina-marijuana conspiracy Panama City, Florida-marijuana conspiracy Fort Lauderdale, Florida-IRS information Disposition: Guilty pleas to four seperate(sic) Federal charges with consecutive sentences under B2 rule. Federal incarceration from February 27, 1982 until paroled on January 20, 1986. The aggregate sentence of twenty years, derived from four terms of five years, was mitigated by the B2 rule. #7 continued: Re: Income Tax Evasion Guilty plea was entered in 1984 under Federal Rule 20 at the Federal Courthouse, Tallahassee, Florida. The case originated in Fort Lauderdale, Florida. I pled to information supplied by myself for the year 1978 in the amount of 161,000 dollars. The resulting lien will be litigated when timely. Based upon Petitioner's record, he will be on parole until February 27, 2002. The Department received three written references from individuals who were aware of Petitioner's conviction. On March 30, 1989, counsel for the Florida Real Estate Commission advised Petitioner that his application for licensure had been denied based upon his answers to Questions 6 and 7. Specifically, that notice advised Petitioner that applicants for licensure are to be "honest, truthful, trustworthy, and of good character, and shall have a good reputation for fair dealing..." in accordance with Section 475.17(1), Florida Statutes. Upon receipt of the notice, Petitioner requested an informal hearing pursuant to Chapter 120, Laws of Florida. On May 22, 1989, Petitioner was notified that his request had been placed on the agenda to appear before the FREC on June 21, 1989. The record is unclear as to whether Petitioner appeared at that time; however, on June 26, 1989, Petitioner was informed that the FREC had denied his application. On July 17, 1989, Petitioner requested a formal hearing to present evidence regarding his qualification for licensure. That request was forwarded to the Division of Administrative Hearings for further proceedings. Linda Levine is the manager of Viscaya Title Company which is located in Jupiter, Florida. Ms. Levine hired Petitioner to work for the title company as a marketing representative. At the time of the hearing, he had been employed continuously for Ms. Levine for the last year and a half. During that time, Ms. Levine has experienced no problems with Petitioner's work and does not question his trustworthiness or honesty. Petitioner is the only other employee at the title company with access to the private office. He has been entrusted with valuables and has represented the company before the public and lending institutions without incident. Ms. Levine meets with Petitioner's parole officer monthly and was fully aware of his past prior to his employment. Barbara Ann Heilman is a real estate licensee employed with Investment Equity Real Estate. Ms. Heilman met Petitioner approximately two years ago when she listed his home for sale. From that meeting, Ms. Heilman and Petitioner developed a professional relationship. Since he was just beginning at the title company and she was in full-time real estate sales, Ms. Heilman recommended Viscaya for closings. Petitioner did a very good job. Subsequently, she has recommended him to others in real estate because he has performed very conscientiously. Ms. Heilman has entrusted Petitioner with checks and has no hesitancy in referring others to him. Ms. Heilman was aware of Petitioner's past because he disclosed it to her when she listed his home. David T. Doyle operates an insurance investment firm which handles casualty and life insurance as well as insurance investments such as pension plans and profit sharing. He has been in this area of work for twenty-two years. Mr. Doyle met Petitioner at a city council meeting approximately a year and a half to two years ago. The two men attended the meeting because of their mutual interest in a plan that was before the council; and they became friends after talking about the proposed project. Subsequently, Mr. Doyle and Petitioner began discussions regarding joint business opportunities. As a result, Petitioner has referred potential investors for projects to Mr. Doyle and the two hope to develop one of the companies. Petitioner advised Mr. Doyle regarding his past criminal record. Mr. Doyle has offered Petitioner the opportunity to become part owner of their joint business venture. Petitioner's original sentences specified he would serve two ten year terms. After cooperating with the authorities, Petitioner was successful in having the sentence reduced to two five year terms running concurrently. Petitioner was incarcerated for forty-seven months and was released on parole in January, 1986. Petitioner will be on special parole after his regular parole is terminated. Any violation of the parole may result in Petitioner being taken into custody.
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 approving the application for licensure submitted by the Petitioner so that he is entitled to examination for licensure as a real estate salesman. DONE AND ENTERED this 14th day of December, 1989, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of December, 1989. APPENDIX TO CASE NO. 89-4051 RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE PETITIONER: To the extent that Petitioner's proposed findings of fact (unnumbered paragraphs with multiple proposed facts) are addressed in the findings numbered 5 through 11, they are accepted; otherwise, rejected as irrelevant, recitation of testimony not specifying fact, or immaterial. Further, Petitioner included statements of a preliminary nature which are not relevant to the issues of this case. The "findings" presented in the numbered paragraphs 1 through 4 are rejected as conclusions of law or argument. COPIES FURNISHED: John R. Howes 700 South Andrews Avenue Suite 200 Fort Lauderdale, Florida 33316 Manuel F. Oliver Assistant Attorney General Department of Legal Affairs 400 West Robinson Street Suite 212 Orlando, Florida 32801 Darlene F. Keller, Division Director Department of Professional Regulation, Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Kenneth E. Easley General Counsel 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Petitioner, Jerry R. Erickson, who is now thirty years old, made application on May 29, 1986 for licensure as a real estate salesman by examination with respondent, Department of Professional Regulation, Division of Real Estate (Division). Question six on the application requires the applicant to state whether he or she "has 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 answered in the affirmative and gave the following response: February 10, 1984 incurred several felonies, all drug and alcohol related, there were several incidents in my past that were drug and alcohol related. (See attached letters). A subsequent background check by respondent revealed the following arrests and/or convictions: 1980 - Arrest for driving while under the influence. 1982 - Arrest for trespassing after warning and assault and battery. 1982 - Arrest and conviction for driving while under the influence. 1983 - Disorderly intoxication ar- rest. 1984 - Arrest and conviction for armed burglary, kidnap, false imprisonment, aggravated assault, and burglary to a business. Although arrested on the above five occasions, he was convicted only twice. For the most recent conviction in 1984, Erickson was allowed to enter into a negotiated plea whereby he received 455 days incarceration, two years community control, and ten years probation, each to run consecutively. 1/ Because of his record, petitioner's application for licensure was denied by respondent on September 15, 1986. Erickson's problems are directly related to alcohol and drug addiction. Its origin began at age thirteen when he was given valium by his parents for hyperactivity. Following this exposure to drugs, Erickson freely admits that he abused alcohol and drugs until early February, 1984. Having taken a large dose of valiums over a 48 hour period, and still not being able to sleep, Erickson entered a drug store on February 9, 1984 and demanded, at gunpoint, an ampule of morphine to help him calm down. For that episode, he was arrested and charged with a number of serious crimes. Apparently recognizing that Erickson's underlying problem of drug and alcohol addiction was the reason for his actions, the State allowed Erickson to enter a negotiated plea if he could master his addiction problem. He has successfully done so and is now under community control until November, 1986. After that, he must serve 10 years probation. In addition, he must receive an annual psychological review during the term of his probation. In addition to his own testimony, a psychiatrist, executive vice- president of a bank, and the chief of the public defender's criminal trial division testified on Erickson's behalf. All were aware of Erickson's background and prior legal problems. Erickson was described as being responsible, mature, reliable and honest. The banker stated he would have no hesitation in using Erickson in a real estate transaction and that Erickson has met all obligations on several loans with the bank. The public defender described Erickson's conduct as "exceptional", and that he is one out of perhaps five hundred clients who has been assigned to community control. All felt Erickson had rehabilitated himself. Erickson desires to become a real estate salesman, and eventually to obtain a broker's license. He is married, has a child, and is employed at a West Palm Beach newspaper. He was most candid and forthright in his testimony and appeared to the undersigned to have rehabilitated himself by reason of good conduct and lapse of time since his 1984 conviction.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That petitioner's application for licensure as by examination as a real estate salesman be GRANTED. DONE AND ORDERED this 31st of October, 1986, in Tallahassee, Florida. DONALD R. ALEXANDER 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 31st day of October, 1986.
The Issue Whether Respondent obtained his real estate license by means of misrepresentation or concealment in violation of Section 475.25(1)(m), Florida Statutes, and, if so, what discipline should be imposed.
Findings Of Fact Petitioner is a state licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints pursuant to the laws of the State of Florida, in particular, Chapters 455 and 475, Florida Statutes, and Title 61J2, Florida Administrative Code. Respondent is and, at all times material hereto, was a duly licensed real estate salesperson in the State of Florida. Respondent is now and was at all times material herein actively engaged in major real estate developments and has also operated on behalf of family owned corporations. During the relevant time period, Respondent has not engaged in the general real estate brokerage business. On August 16, 1984, Respondent was found guilty in federal court of one count of knowingly, willfully, and unlawfully participating in the use of extortionate means to collect and attempt to collect an extension of credit in violation of Title 18, United States Code, Section 894. Respondent was sentenced to 18 months in prison and fined $2,000. The incident which gave rise to the conviction occurred in and while the Respondent was a resident of Illinois, and prior to the Respondent's being issued his Florida real estate license. Respondent testified that in 1983 he owned a Chicago nightclub. According to Respondent, during that time period someone owed Respondent a gambling debt in the amount of $36,000. The person who owed the money to Respondent said he would pay the debt. Because the Respondent was leaving town, he asked his wife's uncle to pick up the money. The Respondent indicated, that unknown to him, the uncle used unlawful means in an attempt to collect the funds. It was this collection effort which eventually lead to the Respondent's arrest, not guilty plea, and guilty verdict in 1984. The Respondent moved to Florida and, subsequently, on or about January 19, 1994, he applied to become licensed as a Florida real estate salesperson. The application contained an affidavit which provided in part that "such responses are true and correct, and are as complete as his/her knowledge, information and records permit without any evasions or mental reservations whatsoever." Petitioner's application form contained Question 9 which requested information concerning an applicant's criminal history. In pertinent part the question is as follows: 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? This question applies to any violation of the laws of any municipality, county, state, or nation including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled or pardoned. * * * Your answer to this will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consult with an attorney or the Division of Real Estate. In response to this question, Respondent answered in the negative by marking the "no" box. On April 18, 1994, the State of Florida issued Respondent license #0611142 as a real estate salesperson. On January 10, 1994, Respondent signed the application. By his duly notarized signature, the Respondent swore that all answers and information provided on his application were true, correct, and complete. On or about January 16, 1995, Respondent applied to become licensed as a real estate broker in the State of Florida. Respondent, again, checked "no" to Question 9 on his broker's application as to whether or not he had ever been convicted or found guilty of any crime. Also, Respondent again swore that all answers and information contained in his application to become a real estate broker in the State of Florida were true, correct, and complete. Again, the Respondent's signature was duly notarized. The broker's application was approved for the Petitioner. However, a broker's license was not issued because Respondent failed to pass the state examination required to be licensed as a broker. Respondent testified at the formal hearing that the reason he did not disclose his prior conviction on his real estate applications was that he had spoken to his brother who advised him that matters over 10 years old did not have to be disclosed. Respondent did not consult with an attorney, the Division of Real Estate or anyone else other than his brother about how to answer Question 9 on his real estate application. Respondent's stated justification for checking "no" on his license applications lacked credibility given the clear wording of Question 9 on the application form. The Respondent has had no other incidents of criminal problems. Similarly, there have been no civil judgments involving the Respondent and dishonest dealing. Finally, there have been no prior disciplinary matters against the Respondent. The Respondent has served in the military and was honorably discharged and earned a two-year degree in electronics.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order finding the Respondent guilty of violating Section 475.25(1)(m), Florida Statutes; revoking his real estate license; and imposing a fine of $1000.00. DONE AND ENTERED this 10th day of February, 1998, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD 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 Filed with the Clerk of the Division of Administrative Hearings this * day of February, 1998. *Filed with the Clerk undated. -ac COPIES FURNISHED: Geoffrey T. Kirk, Senior Attorney Department of Business and Professional Regulation, Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900 Frederick H. Wilsen, Esquire 1415 East Robinson Street, Suite B Orlando, Florida 32801 Henry M. Solares, Division Director Department of Business and Professional Regulation, Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900 July 21, 1999 Henry M. Solares, Division Director Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 Re: Department of Business and Professional Regulation, Division of Real Estate vs. Frank Efstathios Touloumis DOAH Case No. 97-3722 Dear Mr. Solares: Enclosed is the Amended Recommended Order issued in the referenced case. It was issued in order to correct a scrivenners error in page 8 of the original order. Please replace page 1 and page 8 enclosing for pages 1 and 8 oriignally sent to you. Please accept my apologies for any inconvenience this might have caused. Sincerely, CSH/scl Enclosures cc: Geoffrey T. Kirk, Esquire Frederick H. Wilson, Esquire CAROLYN S. HOLIFIELD Administrative Law Judge
Findings Of Fact The Respondent, Ann K. Croasdell, was a registered real estate broker at all times material hereto. She has been issued License No. 0141344. In 1977 or 1978, Respondent met William Young at a neighborhood barbecue. About a year after this initial meeting, Young attended a real estate school owned and operated by Respondent. At that time a business relationship developed between them which lasted until approximately September, 1980. In 1980, Bruce Rhodes, then an investigator with the Maitland Police Department, was assigned a case wherein residences up for sale were being burglarized. There were no signs of forcible entry to these homes and each one had a multi-lock box used by realtors to show the homes. Thus, the person who was burglarizing the homes was referred to as the "multi-lock burglar". During the course of the investigation, evidence was obtained which pointed to William Young as the multi-lock burglar. The evidence consisted of statements from various witnesses. Subsequently, a search warrant was issued and served on William Young's apartment. Young was eventually arrested and pled guilty to grand theft in the second degree and other unrelated charges. He is currently serving a seven and a half year prison sentence at Lawty Correctional Institute, Lawty, Florida. 5.. During the investigation into Young's activities, Respondent was interviewed by the Maitland Police Department on several occasions. The first such interview took place on November 13, 1980, at the Maitland Police Department and was conducted by Sergeant Walter Steeb and Investigator Bruce Rhodes. The Respondent was not under arrest nor was she compelled to appear, but came voluntarily at the request of the Maitland Police Department. At the initial interview, the Respondent acknowledged accompanying Young to residences with multi-locks that were for sale, but stated she did not see Young take anything. On December 1, 1980, the Respondent again appeared at the Maitland Police Department at their request. She again appeared voluntarily and was not under subpoena, under arrest or charged as a suspect. At this December 1, 1980, interview, Respondent gave three separate statements to Investigator Bruce Rhodes of the Maitland Police Department. These statements and her subsequent statements differ substantially from the information she gave to the Maitland Police Department on November 13, 1980. Two of the three December 1, 1980, statements concern the return of property. One statement acknowledged the returning of a set of golf clubs to Officer Rhodes on Thursday, November 20, 1980. In this statement, Respondent stated that while she was with William Young, he entered the garage of a house in Sweetwater and came out with a man's set and a Woman's set of golf clubs which he placed in the trunk of her car. Respondent admitted, both at a prior deposition and at the final hearing, that she knew these golf clubs were stolen. At the deposition, she stated she intended to keep the set of woman's golf clubs, knowing they were stolen. The circumstances surrounding the taking of the golf clubs corroborates the fact that the Respondent knew these clubs were stolen. On the day in question, the Respondent and William Young were out looking at homes and pulled up in the driveway of a house that was for sale. The house had no multi-lock, but Young gained entrance through an open side door to a garage. He entered the garage and removed a man's and a woman's set of golf clubs, which he placed in Respondent's car. Respondent did not go into the garage with Young, but remained in the car. She did, however, get out of the car to open the trunk for Young to put in the two sets of golf clubs. In addition to the facts surrounding the golf clubs, Respondent has also admitted, on several occasions, to having taken two sets of yellow towels from a home in Wekiva. These admissions came in the form of the December 1, 1980, statement made to Bruce Rhodes, and subsequently, at a deposition taken on August 17, 1981, in the case of State of Florida v. William Young. At her deposition of August 17, 1981, Respondent explained how she entered the house with a multi-lock key and took the towel sets which consisted of two towels, two hand towels and two washcloths. Additionally, in response to the question as to whether she stole the two sets of towels, she answered "yes," that she did. Respondent did not alert the authorities to these burglaries, nor did she attempt to turn in the stolen golf clubs or towels. Her only excuse for her activities was a claimed fear of William Young. Although Respondent established that Young was abusive to women, there was no indication that she or a member of her family was in any real danger. Rather, she participated with Young as a willing accomplice.
Recommendation From the foregoing, it is RECOMMENDED: That Petitioner enter a final order suspending Respondent's real estate broker's license for a period of five years. 2/ DONE and ENTERED this 21st day of March, 1983, in Tallahassee, Florida. R.T. CARPENTER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of March, 1983.
Findings Of Fact Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida. Respondent is now and was at all times material hereto a licensed real estate salesman in the State of Florida, having been issued license number 00390879. The last license issued to Respondent was in 1988 as a salesman with Atlantic Marketing Realty, Inc., 224 Commercial Boulevard, Fort Lauderdale, Florida 33308. On July 26, 1984, a Grand Jury indictment was filed against Respondent in the United States District Court for the Middle District of Florida and was assigned case number 84-67-CR-ORL-18. By Count Two of the indictment Respondent was charged with having sold, transferred, or delivered approximately 1,000 counterfeit Federal Reserve Notes in the denomination of $100 in violation of Title 18, United States Code, Section 473. On September 28, 1984, Respondent entered into a "Plea Agreement" in which he agreed to plead guilty to Count Two of the indictment filed in case number 84-67-CR-ORL-18. By this Plea Agreement, Respondent acknowledged that he entered into the agreement freely and voluntarily. Respondent acknowledged his understanding of the nature of the offense to which he agreed to plead guilty and the penalties therefor. The factual basis for his plea includes an admission that he knowingly delivered 1000 counterfeit $100 bills to two individuals at a motel in Daytona Beach, Florida, for which he received approximately $15,000. On November 19, 1984, Respondent entered a plea of guilty to Count Two of the indictment, a felony. He was adjudicated guilty of this felony offense and sentenced to three years in prison. Respondent served approximately ten months of the three year sentence at the Federal Correctional Institute in Lexington, Kentucky. Upon his release from federal prison, Respondent spent four months at a halfway house in Fort Lauderdale, Florida. Respondent was not incarcerated at the time the Administrative Complaint was filed or at the time of the formal hearing. Respondent contends that he thought that he was working for the federal government when he committed the acts which resulted in his incarceration. This contention is rejected as lacking credibility and as being contrary to the Respondent's Plea Agreement. There is a dispute in the record as to whether Respondent notified Petitioner in writing as to his criminal conviction or his subsequent incarceration within thirty days of those events. Respondent contends that he notified Petitioner verbally and in writing of these events, but he was unable to identify the person he contends he notified verbally, nor did he produce a copy of his alleged written notification. Petitioner's records reflect no written notification from Respondent or from anyone on his behalf. This dispute is resolved by finding that Respondent did not notify Petitioner in writing as to his criminal conviction or his subsequent incarceration.
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 which finds that Respondent violated the provisions of Section 475.25(1)(b),(f), and (p), Florida Statutes, and which revokes all real estate licenses previously issued Respondent. It is further recommended that no administrative fines be entered against Respondent. RECOMMENDED this 13th day of September, 1990, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 904/488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of September, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-3568 The following rulings are made on the proposed findings of fact submitted on behalf of the Petitioners. The proposed findings of fact contained in paragraph 2 are rejected as being contrary to the evidence. Respondent's licensure is as a real estate salesman, not as a real estate broker. Whether Respondent was licensed as a broker or as a salesman would make no difference in the recommendation made as to the penalty to be imposed. All other proposed findings of fact are adopted in material part by the Recommended Order. COPIES FURNISHED: James H. Gillis, Esquire Senior Attorney Florida Department of Professional Regulation Division of Real Estate 400 West Robinson Street Suite N-308 Post Office Box 1900 Orlando, Florida 32802 William Richard Rossmeyer 180 Isle of Venice, #125 Post Office Box 7412 Fort Lauderdale, Florida 33338 Darlene F. Keller Division Director Department of Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Kenneth E. Easley General Counsel Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792
