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DIVISION OF REAL ESTATE vs GLORIA CORSORO AND ORANGE MANAGEMENT CORPORATION, 95-000334 (1995)
Division of Administrative Hearings, Florida Filed:Vero Beach, Florida Jan. 27, 1995 Number: 95-000334 Latest Update: Jun. 17, 1996

Findings Of Fact At all times material to this case, the Respondent, Gloria Corsoro, has been a licensed real estate broker. She is the qualifying broker for the company known as Orange Management Corp. The Department is the state agency charged with the responsibility of regulating real estate licensees in the State of Florida. On or about July 20, 1994, the Respondent, Gloria Corsoro, entered a plea of nolo contendere to the crime of unlawful use of a notary. As a result, the Respondent was adjudicated guilty, placed on probation for a period of six months, and required to make payments and serve community service as directed by the court order. The plea and conviction stemmed from Respondent's conduct in connection with a warranty deed (the deed) which was recorded in the public record for Indian River County, Florida, on October 12, 1993. The deed conveyed a condominium unit from Leon R. Leavitt to the G. Corsoro Family Trust. The deed, notarized on October 1, 1989, purportedly bore the signatures of Leon R. Leavitt, the grantor; Mamie Cellura, a witness; Marie Copley, a witness; and Joseph Cellura, the notary before whom the document was executed. In fact, the document was not signed by Marie Copley or Leon R. Leavitt. At the time of the hearing, Mamie Cellura and Joseph Cellura were deceased. They were the parents of Marie Copley and her sister, the Respondent. At the time the deed was executed, Respondent signed Mr. Leavitt's name under a power of attorney he had reportedly given to her. Respondent further claims that Mamie Cellura signed for herself as a witness, signed for Marie Copley as a witness, and signed her husband's name with him (he had Parkinson's disease) as the notary. All this was completed, according to Respondent, Marie Copley, and Leon R. Leavitt, with everyone's full consent and knowledge. Marie Copley and Leon R. Leavitt were not present when the document was executed. Since they claim Respondent was authorized to execute the document, they are not concerned as to who signed the document but believe Mamie Cellura and Respondent signed as represented by Respondent. According to Nicholas Burczyk, the Respondent signed the document for all signatories on the instrument. Even by Respondent's account, the named parties did not execute the deed as presented on the face of the document. Respondent was originally charged with uttering a forged instrument and forgery. She chose to enter the plea as to the misdemeanor charge of unlawful use of a notary because she was "financially unable to pay to go to trial."

Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Department of Business and Professional Regulation, through the Florida Real Estate Commission enter a final order determining the Respondent, Gloria Corsoro violated Section 475.25(f), Florida Statutes, and imposing a reprimand together with an administrative fine in the amount of $1,000.00. DONE AND RECOMMENDED this 10th day of July, 1995, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of July, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-0334 Rulings on the proposed findings of fact submitted by the Petitioner: Paragraphs 1, 2, 3, 5, and 6 are accepted. Paragraph 4 is accepted as stated in findings of fact paragraphs 6 through 14 above; otherwise rejected as incomplete statement of fact. Rulings on the proposed findings of fact submitted by the Respondent: 1. None submitted. Respondent's assessment of the charges against Respondent together with the argument has been considered in the preparation of the foregoing. COPIES FURNISHED: Darlene F. Keller Division Director Department of Business and Professional Regulation Division of Real Estate 400 West Robinson Street, Suite N-308 Post Office Box 1900 Orlando, Florida 32802-1900 Lynda L. Goodgame General Counsel Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0792 Daniel Villazon Senior Attorney Department of Business and Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Michael F. Berry MICHAEL F. BERRY, P.A. 2145-15th Avenue Vero Beach, Florida 32960

Florida Laws (2) 475.25475.42 Florida Administrative Code (1) 61J2-24.001
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DIVISION OF REAL ESTATE vs. RICHARD K. WOODIN, 81-002743 (1981)
Division of Administrative Hearings, Florida Number: 81-002743 Latest Update: Oct. 04, 1982

Findings Of Fact Based upon the documentary evidence received, the testimony of Respondent and the entire record compiled herein, the following relevant facts are found. By its Administrative Complaint filed herein on September 28, 1981, Petitioner, Board of Real Estate, Department of Professional Regulation, seeks to suspend, revoke or take other disciplinary action against the Respondent as a licensee and against his license as a real estate broker/salesman under the laws of the State of Florida. Respondent is a real estate broker/salesman and has been issued License No. 0315273 by Petitioner. On June 9, 1981, Respondent was charged by the State Attorney of the Seventeenth Judicial Circuit of Florida, with violations of Florida Statutes Subsection 812.014(1)(b), and Florida Statutes subsection 812.014(2)(b), criminal theft and second degree grand theft, respectively, to wit: that the Respondent did unlawfully use, or endeavor to use the property of Rus Realty, Inc. (his former employer), an IBM typewriter, of a value in excess of one- hundred dollars ($100.00), with the intent to appropriate the property to his own use or to the use of any person not entitled thereto, knowing or having reason to know said property was stolen. (Petitioner's Composite Exhibit No. 1) On April 22, 1981, Respondent appeared in the Circuit Court, in and for the Seventeenth Judicial Circuit, in and for Broward County, Florida, and entered a plea of nolo contendere to the offense of grand theft and it was ordered and adjudged that the adjudication of guilt and imposition of sentence would be withheld and Respondent was placed on probation for a period of two (2) years. (Petitioner's Composite Exhibit No. 1) Respondent admits to the fact that he entered a nolo contendere plea and that he was placed on probation for a period of two (2) years. However, he testified that he, while formerly employed as a salesman with Rus Realty, Inc., purchased a typewriter from a handyman who was working for Rus Realty, Inc., Tomm Marty, for which he paid one hundred fifty dollars ($150.00) cash for an IBM selective typewriter. (Respondent's late-filed Exhibit No. 1) In mitigation., Respondent, while admitting to the above facts, offered that he had learned a lesson by his involvement in the above purchase of the referenced typewriter. Respondent also related the fact that he had, in addition to losing the money for the purchase of the above typewriter, expended substantial legal fees in an effort to resolve the criminal and administrative charges surrounding the above-referred incident. Respondent learned a lesson by his involvement in the above transaction and has vowed to never again be involved in any questionable acts and/or

Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: That Respondent's broker/salesman License No. 0315273 be suspended for a period of thirty (30) days from the date of the Petitioner's final order herein 2/ . RECOMMENDED this 21st day of July, 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 21st day of July, 1982.

Florida Laws (3) 120.57475.25812.014
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DIVISION OF REAL ESTATE vs. CHARLES L. WHITE, 78-000273 (1978)
Division of Administrative Hearings, Florida Number: 78-000273 Latest Update: Aug. 18, 1978

Findings Of Fact The Respondent, Charles L. White, is registered with the Real Estate Commission as a Real Estate Salesman. Copies of the Administrative Complaint filed by the Commission against the Respondent were forwarded to the Respondent at the address he most recently provided the Commission. Copies of the Complaint were returned to the Commission, and copies of the Notice of Hearing forwarded to the Respondent have likewise been returned. Efforts to locate the Respondent have been unsuccessful. A forty-count indictment was issued by the Grand Jury of the United States District Court in the Middle District of Florida, Tampa Division, against the Respondent, Charles L. White, and five other persons. On February 5, 1977, a jury found the Respondent guilty of all counts of the indictment in which he was charged. On June 3, 1977, he was adjudicated guilty, and sentenced to serve eighteen months in the Federal Penitentiary, execution of the sentence being suspended, and the Respondent being placed on probation for a period of two years. The crimes of which the Respondent was convicted involve dishonest dealing in connection with real estate transactions, and include fraud, fraudulent use of the mail, and conspiracy to commit violations of Federal law.

Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, hereby, RECOMMENDED: That a final order be entered finding the Respondent guilty of the charges alleged in the Administrative Complaint, and suspending the Respondent's registration as a real estate salesman for a period of two years. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 2nd day of June 1978. G. STEVEN PFEIFFER Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Kenneth M. Meer, Esquire Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Mr. Charles L. White D-30 Sierra Apartments Stuart, Florida 33494 Mr. Charles L. White c/o County Realty & Investments Stuart, Florida 33494

Florida Laws (2) 120.57475.25
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FLORIDA REAL ESTATE COMMISSION vs FRANK LA ROCCA, 89-005796 (1989)
Division of Administrative Hearings, Florida Filed:Tampa, Florida Oct. 25, 1989 Number: 89-005796 Latest Update: Feb. 07, 1990

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

Florida Laws (1) 475.25
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DIVISION OF REAL ESTATE vs. RONALD R. EPPINGER, 76-000471 (1976)
Division of Administrative Hearings, Florida Number: 76-000471 Latest Update: Sep. 07, 1976

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

USC (2) 18 U. S. C. 221 U. S. C. 841 Florida Laws (1) 475.25
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DIVISION OF REAL ESTATE vs. KEVIN P. SHEEHY, 85-002430 (1985)
Division of Administrative Hearings, Florida Number: 85-002430 Latest Update: Jan. 09, 1986

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.

Florida Laws (2) 120.57475.25
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JOHN CARL ENGLISH vs FLORIDA REAL ESTATE COMMISSION, 89-004051 (1989)
Division of Administrative Hearings, Florida Filed:West Palm Beach, Florida Jul. 27, 1989 Number: 89-004051 Latest Update: Dec. 14, 1989

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

Florida Laws (3) 475.01475.17475.25
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FLORIDA REAL ESTATE COMMISSION vs. JAMES K. HART, 88-004928 (1988)
Division of Administrative Hearings, Florida Number: 88-004928 Latest Update: Jun. 30, 1989

Findings Of Fact Respondent, James K. Hart (Hart), was at all times material hereto licensed as a real estate broker-salesman in the State of Florida, having been issued license number 0302051. On November 26, 1986, in the Criminal Court of Washington County, Tennessee, Hart entered a voluntary plea of nolo contendere to the felony charge of attempt to commit a felony (conspiracy to distribute cocaine in excess of 30 grams). On October 6, 1987, the court found Hart guilty, and he was sentenced to three years confinement and ordered to pay a fine of $75,000. Hart did not notify petitioner within thirty days of having pled nolo contendere or having been convicted of such felony. Hart served 10 months and 27 days of his sentence in the county jail at Johnson City, Tennessee, and then, on August 27, 1988, was released to serve a two-year term of probation. Currently, Hart is serving his two-year term of probation, and reporting to authorities in Broward County, Florida. Hart is currently 50 years of age, and employed to sell kitchen cabinets. From such employment he grosses an income of $25,000 a year. At hearing, Hart offered proof that, as a consequence of his conviction, he owed approximately $220,000 to members of his family and his attorneys. According to Hart, absent the ability to practice as a real estate salesman, his chosen profession, he has no expectations of paying such debts or of providing for his retirement years. While the offense for which he was convicted involved a conspiracy to distribute cocaine, he avers that he has never used drugs, but committed the offense solely because of greed.

Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the real estate broker-salesman's license of respondent, James K. Hart, be revoked. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 29th day of June 1989. WILLIAM J. KENDRICK Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of June 1989. APPENDIX Petitioner's proposed findings of fact are addressed as follows: Addressed in paragraph 1. Not relevant. Addressed in paragraph 2. Addressed in paragraph 4. COPIES FURNISHED: STEVEN W. JOHNSON, ESQUIRE DEPARTMENT OF PROFESSIONAL REGULATION 400 WEST ROBINSON STREET POST OFFICE BOX 1900 ORLANDO, FLORIDA 32801 KENNETH G. STEVENS, ESQUIRE 412 NE 4TH STREET FORT LAUDERDALE, FLORIDA 33301 DARLENE F. KELLER, DIVISION DIRECTOR DIVISION OF REAL ESTATE DEPARTMENT OF PROFESSIONAL REGULATION 400 WEST ROBINSON STREET POST OFFICE BOX 1900 ORLANDO, FLORIDA 32801

Florida Laws (1) 475.25
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