Findings Of Fact On November 18, 1976, the Real Estate Commission received respondent's application for registration as a real estate salesman. In answering the sixth question on the application form, respondent indicated that he had never been arrested for any offense. In fact, respondent was arrested for driving while intoxicated in Ft. Lauderdale and was convicted of this offense in municipal court on September 22, 1960. On April 3, 1962, he was convicted in municipal court of assault and battery on the person of Jill Boyd an offense for which he was arrested in Ft. Lauderdale on March 27, 1962. He was arrested a second time for driving while intoxicated in Ft. Lauderdale and was convicted of this offense in municipal court on February 28, 1967. On still other occasions, respondent was arrested for public intoxication and for traffic offenses. Before submitting his application for registration as a real estate salesman, respondent enrolled at the Florida Real Estate Academy for a five day crash course. An instructor told his class that the Real Estate Commission checked only five years back for arrests.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner revoke respondent's real estate salesman's license with leave to respondent to file a proper application. DONE and ENTERED this 6th day of December, 1977, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Mr. Louis B. Guttmannp, III, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Michael Diamond Post Office Box 9206 Ft. Lauderdale, Florida 33310
Findings Of Fact Respondent, Hillard J. Meinstein, is the holder of real estate salesman license number 0174789 issued by petitioner, Department of Professional Regulation, Florida Real Estate Commission. The license was issued on September 1, 1981 and remains current as of this date. On or about March 16, 1982 the circuit court for Hillsborough County, Florida entered an order accepting a plea of nolo contendere from one Hillard J. Meinstein for the offense of conspiracy to traffic in cocaine. Adjudication of guilt was withheld and Meinstein was placed on probation for 15 years and required to pay a $10,000 fine to the Hillsborough Country Sheriff's Office within one year after date of sentence. A certified copy of the order has been received in evidence as petitioner's exhibit 3. It was not disclosed whether the respondent and the defendant in the above case were the same individuals. On April 30, 1982 the supervisor for application certification of the then Board of Real Estate wrote the sheriff of Hillsborough County and requested him to search his records to determine if a Hillard Jeffrey Meinstein had been arrested by his agency for various charges including conspiracy to traffic in cocaine. The letter also indicated that Hillard Jeffrey Meinstein was an applicant for licensure as a real estate salesman. The response of the sheriff, if any, was not disclosed.
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 ENTERED this 31st day of January, 1984, in Tallahassee, Florida. DONALD R. ALEXANDER 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 January, 1984. COPIES FURNISHED: Gary Lee Printy, Esquire P. O. Box 1900 Orlando, Florida 32802 Richard J. R. Parkinson, Esquire 602 East Central Avenue Orlando, Florida 32801
The Issue The issue posed for decision herein is whether or not the Respondent's license to practice real estate should be revoked based on conduct set forth hereinafter.
Findings Of Fact Based upon the testimony adduced at the hearing and the witnesses' demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found. Based on its Administrative Complaint filed herein dated July 28, 1981, the Florida Real Estate Commission (Petitioner) seeks to revoke Respondent's license to practice real estate based on his having been found guilty of a crime involving moral turpitude and fraudulent or dishonest dealing, in violation of Subsection 475.25(1)(f), Florida Statutes (1979), and his (Respondent) having been confined to a state or federal prison, in violation of Subsection 475.25(1)(m), Florida Statutes (1979). The Respondent, Joel L. Steiner, is a registered real estate salesman and has been issued License No. 0150824 by the Petitioner. The Administrative Complaint filed herein alleges that during the period June 1, 1976, and continuing through March 23, 1977, Respondent, for the purpose of executing a scheme and artifice to defraud the public, caused mails and other matters to be sent from the New York office of Crown Colony in New York, New York 1/ , to be placed in post offices and authorized depositories for mail matter to be delivered by mail by the United States Postal Service. As a result of those actions, Respondent was indicted by the United States District Court for the Southern District of New York and charged with a violation of Title XVIII, United States Code, Sections 1341 and 1342, to wit, the use of the mails in a scheme to defraud. Following a trial, Respondent, on January 28, 1981, was found guilty as charged of the offense of the use of the mails in a scheme to defraud and was committed for imprisonment for a period of eighteen (18) months and ordered to pay a fine to the United States in the amount of $12,000.00. (Petitioner's Exhibits 2 and 3 and testimony of Postal Inspector John Muhelberg.) Respondent appeared through counsel; however, no evidence was offered by Respondent in defense of the charges after Petitioner's case in chief.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Respondent's License No. 0150824 to practice real estate as a salesman be REVOKED. RECOMMENDED this 18th day of August, 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 18th day of August, 1982.
Findings Of Fact The Department is the agency charged with the licensing and regulation of real estate salesmen and brokers. At all times material to these proceedings, Respondent Peebles was a licensed real estate broker in Florida, having been issued license number 0396895. The last license issued was placed at 2690 52nd Street North, St. Petersburg, Florida. The home address listed with the Florida Real Estate Commission was Post Office Box 40063, St. Petersburg, Florida. On April 7, 1987, the Respondent entered a plea of guilty to the crime of credit card fraud in the United States District Court Middle District of Florida, Case No. 86-215 Cr- Orl-19. The crime was a felony in that the alleged acts involved the unauthorized use of access devices (credit cards) to obtain items of value aggregating $1,000 or more in a one-year period. The case was in federal court because the offense affected interstate and foreign commerce. The crime did not involve any business dealings in which the Respondent was acting as a real estate salesman or broker. However, the crime did involve fraudulent or dishonest dealings. Upon acceptance of the Respondent's plea, the court adjudicated the Respondent guilty and sentenced him to three years of imprisonment at Maxwell Air Force Base in a minimum security federal prison. In addition, the Respondent was ordered to make restitution of $60,590.00, and pay court costs. The sentencing occurred on April 7, 1987. A timely appeal from the judgment and sentence was not taken by the Respondent. The Respondent did not notify the Department of his guilty plea and subsequent conviction within the thirty-day period required by Section 475.25(1)(p), Florida Statutes. A Motion for New Trial based upon the ground of newly discovered evidence, was filed by the Respondent in the criminal case on March 1, 1990. The United States District Court, Middle District of Florida, has not ruled on the motion. Mitigation The Respondent does not currently have the financial ability to pay any fines if that penalty were to be imposed upon him in this case. The Respondent failed to notify the Florida Real Estate Commission of his conviction because he was under extreme stress when the conviction occurred and he was incarcerated.
Recommendation Based upon the findings of fact, conclusions of law, and the mitigation presented by the Respondent, it is RECOMMENDED: That the Respondent be found guilty of the allegations in Counts I through IV, which were proved at hearing. That the Respondent's real estate broker's license be revoked for seven years. DONE and ENTERED this 9th day of July, 1990, in Tallahassee, Leon County, Florida. VERONICA E. DONNELLY 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 9th day of July, 1990. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 90-0224 The Department's proposed findings of fact are addressed as follows: Accepted. See HO #1. Accepted. See HO #2. Accepted. See HO #2. Accepted. See HO #3, #4 and #5. Accepted. See HO #5. Rejected. See HO #9. Accepted. See HO #7. Rejected. Irrelevant. COPIES FURNISHED: James H. Gillis, Esquire DPR - Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Robert J. Peeples Post Office Box 40063 St. Petersburg, Florida 33743 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 1940 North Monroe, Suite 60 Tallahassee, Florida 32399-0792 Darlene F. Keller, Executive Director DPR - Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact Petitioner is Peter Thomas Roman. By application dated April 28, 1988, he sought licensure as a real estate salesman. By letter dated October 24, 1988, counsel for Respondent informed Petitioner of Respondent's intent to deny licensure to Petitioner on the basis of Petitioner's 1985 arrest and subsequent plea in 1986 to a charge of grand theft, as well as Petitioner's suspension from membership in the Florida Bar. Question number six of the application completed by Petitioner requires a "yes" or "no" answer to the question: "Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld? Petitioner responded to question number six by disclosing his entry of a plea of nolo contendere in the circuit court for Pinellas County, Florida, on December 29, 1986, to a charge of grand theft. Petitioner related that the incident alleged had taken place in November of 1979. Petitioner further stated that the sentencing court had withheld formal adjudication of guilt and had placed Petitioner on probation. Petitioner, a licensed attorney at the time of the alleged incident, was disbarred from the practice of law by the Supreme Court of the State of Florida in an opinion issued on June 2, 1988. The Fla. Bar v. Peter T. Roman, 526 So.2d 60 (Fla. 1988). Petitioner's disbarment was based on the same acts which resulted in the grand theft charge. In addition, the Supreme Court found that "[t]his case involves not only theft, but fraud on the court which strikes at the very heart of a lawyer's ethical responsibility." Fla. Bar v. Roman, p. 62. The essential facts of the grand theft charges against Petitioner were that Petitioner falsified the name of an heir in an estate where Petitioner was serving as the personal representative. Funds paid from the estate to the falsified heir were converted by Petitioner to his own use. These matters occurred between January 1978 and January 1980. Petitioner was charged with grand theft in June of 1985. He pled no contest to that charge in 1986. Thereafter adjudication of guilt was withheld and he was sentenced to five years probation a $220 fine and nine months in the Pinellas County Jail. Since the incident which is the basis for the grand theft charges filed against Petitioner, he has not been involved in any incidents or episodes of misconduct. Petitioner has been offered a job as a sales person with a local real estate firm if he is permitted to hold a real estate license. Testimony of character witnesses offered by Petitioner establishes their belief that his reputation in the community is good, despite the one criminal incident in his past, and that they believe neither the public or investors would be endangered by the granting of licensure to the Petitioner.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered denying Petitioner's application for licensure. DONE AND ENTERED this 15th day of February, 1989, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The Oakland Building 2900 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of February, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-5432 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. RESPONDENT'S PROPOSED FINDINGS 1.-9. Adopted in substance. Unnecessary to result. Adopted in substance. Unnecessary to result. PETITIONER'S PROPOSED FINDINGS 1.-8. Adopted in substance. Addressed in part, remainder unnecessary to result. Addressed in part, remainder unnecessary. Rejected as cumulative. Addressed in part, remainder unnecessary to result. COPIES FURNISHED: Thomas A. Roman, Esquire 2340 Main Street, Suite L Dunedin, Florida 34698 Lawrence Gendzier, Esquire 400 West Robinson Street Room 212 Orlando, Florida 32801 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Darlene F. Keller, Division Director Real Estate Legal Services 400 West Robinson Street Orlando, Florida 32801
Findings Of Fact By Application for Licensure as a Real Estate Salesman dated September 10, 1985 (Exhibit 5) Respondent applied for and was approved to take the examination for licensure as a real estate salesman. As a result of passing this examination, he was duly licensed. In response to questions 7a and 7b inquiring whether the applicant had ever been charged with fraudulent or dishonest dealing, he answered "No -- but see add. disclosure info attached." Attached thereto was a long typewritten statement disclosing monetary judgments entered against him in Colorado based on non real estate related debt and a pending personal bankruptcy. Before submitting this application, Respondent telephoned the Real Estate Commission to inquire about the answer to question 7 and was referred to an attorney from the Attorney General's Office assigned to the Commission. That attorney advised Respondent that the Commission was primarily interested in criminal charges filed against an applicant and not civil charges. He was further told to include a supplement to his application with information concerning the civil charges, including the name of his attorney, so the Commission could obtain additional information if desired. Respondent complied with this advice by listing the name of his attorney and accountant at the time these civil actions were brought against him. After reviewing Respondent's application with the attached explanation of the civil actions brought against him in Colorado, his application to sit for the salesman's examination was approved. On September 24, 1987, Respondent applied for licensure as a Real Estate Broker and answered questions 7(a) and 7(b) simply "No" on the assumption that his qualified no on the salesman application had been approved and it was unnecessary to again explain the civil actions. The deposition of Respondent's attorney in the Colorado civil actions was admitted as Exhibit 7. Exhibit 1, which includes a judgment of the District Court for the City and County of Denver, Colorado, found Respondent (a corporate defendant in that case) effected a fraud upon the plaintiffs. This finding was entered in a default judgment against Respondent when his attorney negligently failed to timely file an answer to the complaint. Respondent's substitute attorney's motion to set aside the default judgment was denied. Respondent is in the process of filing personal bankruptcy and therein will challenge the default judgment's conclusion that Respondent's actions leading to that judgment were fraudulent. Since no evidence was ever presented regarding the allegations in the Colorado complaint, that judgment is not res judicata in the bankruptcy proceedings.
Recommendation It is RECOMMENDED that the Real Estate Commission issue a Final Order finding Rene A. Remund not guilty of obtaining his licenses as a real estate salesman and broker by fraud, misrepresentation, or concealment. DONE AND ENTERED this 23rd day of June, 1989, in Tallahassee, Leon County, 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 23rd day of June, 1989. COPIES FURNISHED: Darlene F. Keller Division of Real Estate Department of Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Bruce D. Lamb General Counsel Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0729 Arthur R. Shell, Jr., Esquire Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802-34698 Wayne J. Boyer, Esquire 1968 Bayshore Boulevard Dunedin, Florida
Findings Of Fact Respondent, on March 14, 1974, filed his application for registration as a real estate salesman with the Florida Real Estate Commission. The application was approved and he received his registration on July 8, 1974, and has been continuously registered with the Commission since that time (Petitioner's Exhibit 1.) In the Application for Registration, Question 9 and Respondent's answer thereto were as follows: 9. 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, without regard to whether sentence has been passed or served, or whether the verdict or judgment has been reversed or set aside or not, or pardon or parole granted? Yes If yes, state details in full Traffic offenses: see attached sheet, one misdemeanor, City of North Miami Beach, Case 23855. (Petitioner's Exhibit 1,2). On August 17, 1973, Respondent was arrested in Dade County, Florida, and charged with the possession and sale of cocaine in violation of Section 893.13(1)(a), F.S. On May 31, 1974, Respondent was acquitted in the Circuit Court of the Eleventh Judicial Circuit of Florida, In and for Dade County, of the charge of sale or delivery of a controlled substance. In the same court, on July 12, 1974, he was found guilty of the charge of possession of a controlled substance, but adjudication of guilt was withheld and Respondent was placed on probation for a period of three years. (Petitioner's Exhibits 3, 4, 5, 6.) Petitioner testified that he had filed a prior application for registration as a real estate salesman in 1972 which was not approved because he did not pass the written examination. In 1974, he secured a blank application form which he gave to his father, Hal Sehres, to have typed for him. When it was prepared, he scanned it without reading it thoroughly and, since it seemed to be the same as his first application, he signed it and his father thereafter dispatched it to the Commission. The father testified that he had given the blank application to his secretary, along with the 1972 application, and asked her to type it. He also provided her with minor changes in address and information concerning the misdemeanor offense which had not occurred at the time the 1972 application had been executed. Although the father testified that he was aware his son had been arrested in 1973 for the sale and possession of cocaine, and that he meant to include it as part of the answer to Question 9, he knew that at that time disposition had not yet been made of the charge, and therefore, believed it was an honest mistake that he had not included it on the application.
Recommendation That the registration of Irving Paul Sehres as a real estate salesman be revoked, pursuant to Section 475.25(2), Florida Statutes. DONE AND ENTERED this 11th day of February 1976 in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of February 1976. COPIES FURNISHED: Louis B. Guttman, III, Esquire 2699 Lee Road Winter Park, Florida 32789 Seymour Silverman, Esquire 420 Lincoln Road Miami Beach, Florida 33139
Findings Of Fact The Respondent, on or about January 15, 1979 pled guilty to four counts of grand larceny in the Circuit Court in and for Dade County, Case No. 77-4457A. Count II of the instant Administrative Complaint apparently was based upon the transaction acts alleged in the Information, (Exhibit 1) . The Petitioner voluntarily dismissed Count I of the Administrative Complaint. In support of the allegations in Count II, the Petitioner presented Exhibit 1 consisting of the State Attorney's Information, the Order withholding adjudication in that criminal case, and the Order granting probation. The Petitioner contends that the fact of the plea of guilty to the larceny charges in Circuit Court is sufficient to prove the allegations of misrepresentation, dishonest dealing, and the numerous other acts proscribed by subsection 475.25(1)(a), Florida Statutes (1977) as amended. The Respondent's plea of guilty to the criminal charges was entered into in the Circuit Court as a result of negotiations with the State Attorney whereby the Respondent was assured that adjudication would be withheld, he would be placed on probation, and no felony conviction would appear on the Respondent's criminal record. The negotiations reached fruition in the order of the Circuit Judge dated January 15, 1979 allowing that result. The Petitioner's exhibit 1 does not contain the guilty plea itself, although it is referred to in the judge's order. The State Attorney's Information contained in that exhibit, to which the guilty plea was directed, merely recites the statutorily derived language necessary to make out charges of larceny, but does not refer to the Goldbergs as victims, mentions no specific amounts of money, makes no mention of a purported mortgager-mortgagee relationship, nor does it relate the charges to a real estate transaction in any way. No other evidence in support of the alleged violations of Section 475.25(1)(a) Florida Statutes (1977) was adduced.
Recommendation Having considered the evidence in the record, the foregoing Findings of Fact and Conclusions of Law, and arguments of counsel, it is therefore RECOMMENDED that the Respondent be found not guilty and that the Adiainistrative Complaint filed in this cause be dismissed, and Case No. 80-1721 be closed. DONE and ENTERED this 22nd day of January, 1981, in Tallahassee, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of January, 1981. COPIES FURNISHED: Salvatore A. Carpino, Esquire Assistant General Counsel Department of Professional Regulation Board of Real Estate 130 North Monroe Street Tallahassee, Florida 32301 Julian R. Benjamin, Esquire Executive Suite DuPont Plaza Center 300 Biscayne Boulevard Way Miami, Florida 33131
Findings Of Fact Based on the exhibits received in evidence and on the testimony of the only witness called at the hearing, I make the following findings of fact. 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 0447789 in accordance with Chapter 475, Florida Statutes. The last license issued was as a salesman, c/o Commercial Investment Real Estate, Inc., 1804 Riverview Drive, Post Office Box 3847, Indialantic, Florida 32901. On May 12, 1986, in the United States District Court, Western District of Virginia Roanoke, the Respondent was found guilty of one (1) count of conspiracy to distribute drugs and one (1) count of interstate travel to promote illegal activity in violation of federal law, whereupon the Respondent was sentenced to three (3) years confinement, a $5,000 fine, and three (3) years probation upon release from custody. The Respondent timely notified the Florida Real Estate Commission of the felony convictions. As a result of the foregoing convictions, the Respondent is presently confined to a federal prison. Am appeal of the foregoing convictions is presently pending before a federal appellate court. Respondent's wife, who has not been charged with any violations, is presently employed as a licensed real estate salesperson in Florida. Inasmuch as her last name is the same as Respondent's last name, Respondent is concerned that publication in the FREC newsletter of news regarding discipline imposed on Respondent would have a negative impact on his wife's business reputation.
Recommendation Based on all of the foregoing, it is recommended that the Florida Real Estate Commission enter a final order in this case to the following effect: Finding the Respondent guilty of viola- tions of Section 475.25(1)(f) and (n), Florida Statutes, as charged; Suspending the Respondent's license for a period of five (5) years; Providing that in the event the appeal of Respondent's criminal convictions is successful, the suspension of Respondent's license will be rescinded; and Providing that notice of disciplinary action against Respondent will not be published in the Commission's newsletter until the appeal of Respondent's criminal convictions is final, and then only if that appeal is unsuccessful. DONE AND ENTERED this 18th day of March, 1987, at Tallahassee, Florida. M. M. PARRISH 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 18th day of March, 1987. COPIES FURNISHED: James H. Gillis, Esquire Department of Professional Regulation 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802 Mr. James E. Stivers 31492-083 Post Office 600 Dorm 1 F.P.C. Eglin Eglin AFB, Florida 32542 Harold Huff, Executive Director Division of Real Estate Florida Real Estate Commission 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802 Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact At the hearing Petitioner presented evidence of service of the complaint and notice of hearing by mailing same, to Respondent's last address reported to the Real Esate Commission, by registered mail as provided by s. 475.26 Florida Statutes. Accordingly I find Respondent was duly subjected to the jurisdiction of the hearing officer and of the Real Estate Commission. Thereafter Petitioner presented as Exhibit 4, the Certification of the Executive Director of the Florida Real Estate Commission that registration certificate number 0119992 was issued to Jesse E. Moore as a real estate salesman on January 30, 1974, that a non-active salesman's registration was issued on June 10, 1974 to expire September 30, 1974, and a copy of his application for registration subscribed and sworn to by Moore on July 9, 1973. Thereon Respondent listed only two offenses under question 9, viz. DWI and a bad check offense. Petitioner submitted Exhibits 5, 6, and 7 which were only admitted into evidence. Exhibit 5 shows that on November 20, 1961 Gene Moore was found guilty in the County Judge's Court of destroying personal property and fined $15.00 to include $12.50 costs. Exhibit 6, a Justice of the Peace Docket Sheet purports to show that on September 11, 1969 Jesse E. Moore was charged with failure to report sales tax, and Exhibit 7, a similar docket sheet purports to show that on October 30, 1969 Jesse E. Moore was again charged with failure to report sales tax. Since both Exhibits 6 and 7 show the same amount of sales tax it may be assumed that they relate to the same offense. However, Exhibit 6 indicates that the bond posted in the amount of $12.50 was forfeited and the final entry on Exhibit 7 is that the charge (if such it be) was dismissed by the judge. Although these docket sheets are subject to some question regarding their relevance in proving that the person named thereon was charged with an offense against the laws of Florida, for the purpose of this Recommended Order it is found that they do prove that Jesse E. Moore was charged with such offenses.
