The Issue Whether Petitioner's application for a real estate salesman's license should be approved?
Findings Of Fact Sometime in late February or early March, 1988, Petitioner submitted an application for licensure as a real estate salesman. Petitioner's answers to questions 6 and 7 of the application reflected that in June or July 1987, he had pled guilty to conspiring to defraud the United States and was sentenced to serve 2 years on probation and assessed a $5,000 fine. Based on Petitioner's answers to questions 6 and 7 of the application, Respondent denied Petitioner's application for licensure. Petitioner's conviction for conspiring to defraud the United States was due to his involvement with two Farmers Home Administration projects to build low-income housing in Michigan. In 1983, the Farmers Home Administration had allotted approximately $500,000 to fund each of 2 low-income housing projects consisting of 18 units each. The funding had been committed to a developer other than Petitioner. The developer had been unable to arrange for the projects to be built. The developer had let out bids on both projects. The bid on one project came back under the amount allotted; however, the bid for the other project came back at approximately $105,000 over the amount allotted. At this point, Petitioner was contacted by the developer and became a partner in the development of the two projects. Petitioner's job was to get the projects built. Petitioner determined that it might be possible to construct the two projects for the total amount allotted, $1,000,000, if both projects were bid out together, since efficiencies should be achieved by bidding both projects as one. Petitioner let out a bid for the construction of both projects. The bid came back at a slightly higher amount than that allotted. However, after some negotiations with the Farmers Home Administration the two projects were allowed to proceed. However, the fact still remained that one project was more expensive than the other to build, and that the costs of the more expensive project exceeded the amount allotted by the Farmer's Home Administration. In order to resolve this problem, Petitioner falsified some documents to make the accounting for each project show that both projects came in under the amount allotted even though this was not true. In effect, Petitioner used money allotted to the less expensive project to pay for the more expensive project. In 1985, the Federal Bureau of Investigation began an investigation of all Farmers Home Administration projects in Michigan. Out of this investigation, Petitioner's involvement with the two projects was uncovered, and his subsequent plea of guilty and conviction were due to his falsifying the documents. Petitioner held a real estate salesman's license in Michigan from 1975 to 1978. From 1978 to the present time, Petitioner has held a real estate broker's license in Michigan. No disciplinary action has been taken by the State of Michigan on account of Petitioner's actions which led to his conviction. Also, no action has ever been brought in Michigan arising out of Petitioner's activities representing buyers and sellers of real estate. Petitioner has paid $150.00 of the $5,000.00 fine imposed by the Federal government. He has paid when he has had work. Petitioner is in the process of filing for Chapter 11 reorganization in order to facilitate the payment of some debts.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Real Estate Commission issue a Final Order approving Petitioner's application for license as a real estate salesman. DONE and ORDERED this 14th day of November, 1988, in Tallahassee, Florida. JOSE A. DIEZ-ARGUELLES 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 14th day of November, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-3479 The parties submitted proposed findings of fact which are addressed below. Paragraph numbers in the Recommended Order are referred to as "RO ." Petitioner's Proposed Findings of Fact Proposed Finding of Fact Number Ruling and RO Paragraph Accepted. Accepted. Accepted. Rejected as not a finding of fact. Accepted. Rejected as not a finding of fact, but see Conclusions of Law section of RO. Rejected as not a finding of fact. Respondent's PRO posed Findings of Fact PRO posed Finding of Fact Number Ruling and RO Paragraph Accepted as modified in RO 1. Accepted as modified in RO 3. Subordinate. Accepted as modified in RO 2, 4 and 12. Accepted as modified in RO 11 and 12. Accepted as modified in RO 16 and 17. First 7 words are not a finding of fact; remainder of sentence is Rejected as contrary to the weight of the evidence. COPIES FURNISHED: George Joseph Laufersky 7 Oak Lane Lady Lake, Florida 32659 Lawrence S. Gendzier Assistant Attorney General 400 West Robinson Room 212 Orlando, Florida 32801 Darlene F. Keller, Executive Director Division of Real Estate 400 West Robinson Orlando, Florida 32801 Bruce D. Lamb General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact John M. Stroud is a registered real estate saleman holding registration number 0172065 issued the Florida Real Estate Commission. On December 17, 1976, John M. Stroud was arrested for burglary and committed to the custody of the sheriff of Brevard County for the offense of burglary. On December 15, 1976, Stroud had his completed application notarized by R. Jack Simpson. Stroud's application was initially received by the Florida Real Estate Commission on January 5, 1977, and was returned to Stroud because he had not enclosed the fee required. It was resubmitted with the fee and received by the Florida Real Estate Commission on January 14, 1977.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer RECOMMENDS: That the registration of John M. Stroud be revoked. DONE and ENTERED this 9th day of December, 1977 in Tallahassee, Florida. STEPHEN F. DEAN 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 9th day of December, 1977. COPIES FURNISHED: David T. Young, Esquire 1197 So. U.S. Highway 1 P.O. Box 563 Rockledge, Florida 32955 Bruce I. Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, the post-hearing memorandum and the entire record compiled herein, the following relevant facts are found: By letter dated February 18, 1983, the Florida Real Estate Commission (sometimes herein referred to as the respondent or the Commission) advised the petitioner that his application for licensure as a real estate salesman was denied based upon petitioner's answer to question 6 of the licensing application and his criminal record. On September 1, 1982, petitioner held a Mutuel Clerk's Occupational License (NOP-00455) issued by the Division of Pari-Mutuel Wagering, Department of Business Regulation, State of Florida. While acting in the capacity of a mutuel clerk at Calder Race Course in Dade County, Florida, Petitioner, on September 1, 1982, cashed a winning one dollar ($1.00) trifecta ticket for the eighth race on August 28, 1982, valued at six hundred thirty-six dollars and eighty cents ($636.80) for Metro-Dade Organized Crime Bureau Detective, Jonas Sears, for a cash fee payable to Petitioner. Petitioner did not require Detective Sears to complete the necessary internal revenue service form W-2G which is required of any patron winning six hundred dollars ($600.00) or more. On October 22, 1982, petitioner entered into a consent order with the Division of Pari-Mutuel Wagering wherein petitioner agreed to certain findings. Based on those findings, petitioner agreed to a suspension of his pari-mutuel license for a period of seventy-five (75) days. A clerk who engages in such conduct violates Section 550.16(7), Florida Statutes and Rule Section 7E- 6.07(3)(6), Florida Administrative Code. Petitioner also admitted to deducting sixty dollars and eighty cents ($60.80) as a cash fee payable to him for not requiring Detective Sears to complete the necessary Internal Revenue Service form W-2G.
Recommendation That the respondent enter a Final Order denying petitioner's application for licensure as a real estate salesman. RECOMMENDED this 14th day of September, 1983 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 14th day of September, 1983.
The Issue Whether Dorothy M. Azar answered Question 6 on her application incorrectly with the intent to obtain her license by fraud, misrepresentation or concealment.
Findings Of Fact Dorothy M. Azar is a registered real estate saleswoman holding License No. 0164341 issued by the Florida Real Estate Commission. Azar applied for licensure initially on June 7, 1976. See Exhibit 1, pages 1 and 2. Azar subsequently reapplied on August 24, 1976. This application was stamped received by the Florida Real Estate Commission on August 27, 1976. Azar was arrested on June 9, 1976 pursuant to the Information filed by Robert Eagan, State Attorney, Ninth Judicial Circuit, State of Florida, which charged Azar with a violation of Florida Statute 812.021 and alleged that she took, sold or carried away property; to wit: clothing, the property of Robert Kleinmann as custodian and of a value of more than One Hundred Dollars ($100.00) with the intent to permanently deprive Kleinmann of the clothing. This criminal information was received as Exhibit 2. When Azar completed her second application on August 25, 1976, no action had been taken on the criminal charges pending against her. On or about this date, according to her testimony, she went from Lehigh Acres, Florida, to the Florida Real Estate Commission Offices in Winter Park, Florida, to review the examination which she had taken and failed in July. While there, she filled out her second application, pages 3 and 4 of Exhibit 1. According to her testimony, Azar was very rushed because her review appointment was for only one hour and she had arrived late. She stated that prior to her review she was given an application to fill out and that she did not even read the questions but copied her answers from her first application. She further testified that she had at first copied her old address in Orlando on the second application, correcting it to her new address in Lehigh Acres in the margin of the application. See page 3, Exhibit 1. On September 8, 1976, the Florida Real Estate Commission made a check of any arrests of Azar as indicated by the annotation on the second application under Question 6. On November 30, 1976, Azar entered a plea of no contest to the charge of attempted grand larceny and adjudication was withheld. See the Court Minutes, Exhibit 3, and the testimony of Azar. On November 15, 1976, the Florida Real Estate Commission issued Azar her license as a registered real estate saleswoman. The answers to Questions 4 and 5 on the second application filed by Azar differ slightly from the answers given to those questions on her first application. Although Azar testified that she did not read the questions on the second application but recopied her answers from her first application, the fact that the entries on the second application to Questions 4 and 5 differ from those on the first application indicates that Azar at least read the two questions preceding Question 6. This fact and the content of Question 6 lead to the conclusion that Azar did read Question 6. Further, an arrest on a charge of Grand Larceny within the preceding ninety days would be sufficiently memorable for Azar to recall when prompted by reading Question 6. Having determined, that Azar did in fact read Question 6 and would have remembered her arrest, one must conclude that Azar knowingly did not correctly answer Question 6 and therefore intended to conceal her arrest.
Recommendation The Hearing Officer, based upon the foregoing Findings of Fact and Conclusions of Law, recommends that the Florida Real Estate Commission revoke the registration of Dorothy N. Azar as a registered real estate salesman with leave for Azar to immediately refile her application. DONE and ORDERED this 12th day of August, 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: Frederick H. Wilsen, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 E. G. Couse, Esquire 2069 First Street, Suite 202 Post Office Drawer 1686 Fort Myers, Florida 33902
Findings Of Fact By letter of August 1, 1983, the legal advisor to respondent Florida Real Estate Commission ("Commission") informed petitioner that the Commission intended to deny his application for registration as a real estate salesman because of alleged failure to satisfy Section 475.17(1), Florida Statutes (1981), which requires that applicants be "honest, truthful, trustworthy, and of good character, and . . . have a good reputation for fair dealing." The letter noted that petitioner had a record of 14 criminal arrests, almost all relating to possession or sale of illicit drugs. On August 29, 1983, petitioner disputed the Commission's intended action and requested a formal hearing. This case was then forwarded to the Division of Administrative Hearings for assignment of a hearing officer. By notice of November 22, 1983, copies of which were sent by U.S. mail to both parties, hearing was set for 8:30 A.M. on February 2, 1984, in Room A, Elisha Newton Dimick Building, 111 Georgia Avenue, West Palm Beach, Florida. The hearing was delayed until 8:55 A.M., but petitioner did not attend. He did not notify the undersigned of any reason why he could not attend, nor did he request a continuance. Attempts to telephone him at approximately 8:45 A.M. were unsuccessful. The Commission placed into evidence the basis for its intended denial of petitioner's application.
Recommendation For these reasons, it is RECOMMENDED: That petitioner's application for registration as a real estate salesman in Florida be denied. DONE and ENTERED this 15th day of February, 1984, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of February, 1984. COPIES FURNISHED: Ralph Armstead, Esquire Assistant Attorney General Department of Legal Affairs Suite 212 400 West Robinson Street Orlando, Florida 32801 Scott J. Miller 3781 Mil Pond Court Lake Worth, Florida 33463 Mr. Harold Huff, Director Division of Real Estate Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801
Findings Of Fact By application dated September 10, 1987, petitioner, John K. Whitaker, III, sought licensure as a real estate salesman by examination with respondent, Department of Professional Regulation, Division of Real Estate (Division). The application was received by the Division on September 14, 1987. 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 gave the following response: Yes. DUI and DWI 1981 and 1982. Upon further investigation by the Division, it learned that Whitaker had been arrested for a DUI in 1982 and that no arrest had occurred in 1981. However, it also learned that Whitaker had been arrested for the following incidents: March 17, 1984 - Arrest for resisting police officer with violence. April 17, 1984 - Arrest for forgery - possession of forged or altered driver's license August 31, 1984 - Burglary of a dwelling; adjudication withheld. August 31, 1984 - Grand larceny; adjudication withheld. August 31, 1984 - Arson; adjudication withheld. Armed with this new information, respondent advised petitioner by letter dated December 2, 1987 that his application had been denied. This decision was later reaffirmed by letter dated February 4, 1988 and cited respondent's "criminal record" as the basis for the agency's denial. That prompted this proceeding. Petitioner, who is now twenty-nine years old, is a December, 1982 graduate of Florida State University with a degree in economics. After graduation, he worked eight months as a stockbroker for Alan Bush Brokerage Company in West Palm Beach, Florida. In 1983 petitioner began receiving medical treatment for what he thought was depression. As a part of the treatment, he took an antidepressant drug. He later learned he had a manic-depressive condition, a more serious mental illness, and the antidepressant medication was actually aggravating this condition. Before his real illness was discovered, Whitaker experienced manic episodes which were manifested by grandiose ideas, slurred speech and extremely poor judgment. As a result, Whitaker was arrested in 1984 for the series of incidents enumerated in finding of fact 3. The first two charges were dismissed while adjudication of guilt was withheld as to the remaining three charges. For those latter charges, Whitaker was placed on five years' probation, or to and including August, 1989. Whitaker stated he did not intend to lie about these matters and did not list the 1984 arrests on his application because he thought that if a charge was dropped, or adjudication of guilt withheld, he did not have to disclose the matter. Since having his illness properly diagnosed in 1984, Whitaker has taken medication (lithium) to prevent the recurrence of the symptoms and sees a physician at least once a month. He must remain on medication for the rest of his life in order to control the illness. With the exception of one flare-up about a year ago, his condition has stabilized. After his arrests in 1984, Whitaker was hospitalized for a period of time and then moved into a halfway house. He now lives in his own apartment. He has held several jobs, including a food service job in a West Palm Beach hospital and a timeshare unit salesman for his uncle in California. Presently, he is employed in a public relations capacity for a consumer club in West Palm Beach. He eventually wants to enter the real estate business, and for this reason, desires a license. Because his mother is a broker-realtor in Palm Beach Gardens, he expects no difficulty in obtaining a real estate position. Petitioner presented the testimony of his mother, a retired business executive and a family friend who is also a real estate salesman. The mother described the nature of petitioner's illness while the retired executive recalled petitioner as having "industrious," self-motivating" and "honest" characteristics and being a terrific salesman. The family friend described petitioner's present conduct to be normal now that he had controlled his illness. Finally, a number of letters were offered by various local businessmen, including one from a professional golfer and businessman (Jack Nicklaus), a physician, a stockbroker and a financial planner. However, all letters predate petitioner's arrests and therefore are irrelevant to the issue in this proceeding.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of John K. Whitaker for licensure as a real estate salesman by examination be DENIED. DONE AND ORDERED this 13th day of June, 1988, in Tallahassee, Leon County, 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 13th day of June 1988.
Findings Of Fact Documents introduced into evidence revealed that the Respondent Jeremiah C. Clarke is a registered real estate broker and Clarke Real Estate is an entity registered as a partnership broker and authorized to act as such with the Commission. On or about September 15, 1975, Jerry Kent, a salesman with Respondent, Clark Real Estate, obtained an oral open listing from Esther Braverman on a condominium unit denominated as "Apartment B-804, 1111 Crandon Boulevard, Key Biscayne, Florida." Pursuant thereto, salesman Kent showed the condominium unit to Jacques Benoist and Jeanine Benoist, his wife, who executed a deposit receipt contract to purchase a condominium unit on September 27, 1975. Esther Braverman, the seller, executed the contract during October of 1975. The deposit receipt contract provided for a $10,000 earnest money deposit to be held in the escrow account of the law firm of Snider, Young, Barrett, and Tannenbaum, P.A., attorneys for seller Braverman. Said deposit was made on September 27, 1975, by delivering a check to attorney Bruce L. Hollander, a member of the firm, who deposited the deposit in the firm's escrow account. (See Commission's Exhibit No. 9). The deposit receipt contract also obligated the seller, Esther Braverman, to pay Respondent Jeremiah C. Clark a commission of $7,875. Specifically, the contract provides that "I, or we, agree to pay to the above assigned broker a commission for finding the above signed purchaser for the above described property, the sum of $7,875 . . . ." Closing took place on January 19, 1976, at the offices of Washington Federal Savings and Loan Association, Miami Beach, Florida, from whom the Benoists had obtained financing for the purchase. At the closing on January 19, 1976, Esther Braverman signed and delivered a warranty deed made out to Jacques Benoist and Janine Benoist, transferring the property to the Bravermans. The warranty deed was recorded with the clerk of the Dade County Circuit Court by the lending institution, Washington Federal Savings and Loan Association. (See Respondent's Exhibits 1 and 2) At the closing, Jeremiah Clark was given a check representing the commission to Clarke Real Estate in the amount of $7,875. Thereafter, Jerry Clarke was requested by the lending institution to hold the funds in escrow until the bank dispursed the mortgage proceeds. He was then told that the mortgage proceeds would be paid within the following week. Respondent Clarke agreed, pursuant to a request from the seller's attorney, Bruce Hollander, to hold the commission check until January 27, 1976, without depositing same. Mr. Clarke held the commission check until January 29, 1976, as agree. On that day, he dispursed the proceeds to salesman Jerry Kent and the balance was credited to Clarke Real Estate. The mortgage funds were never disbursed because the lending institution could not obtain a quit-claim deed from the seller, Esther Braverman's former husband and therefore in the lending institution's opinion, the defect was not discovered until after the closing. On May 6, 1976, attorney Hollander acting for his law firm and the seller sent Respondent Jeremiah C. Clarke and Respondent Clarke Real Estate a letter stating that the mortgage proceeds had not been disbursed by the lending institution and requested a demand for the commission check. The Commission takes the position that the closing which occurred on January 19, was an escrow closing and that the Respondent Jeremiah Clarke was not authorized to disburse the proceeds from the commission check until notification that the mortgage proceeds were disbursed by the lending Institution. The Respondents, on the other hand, took the position that their only obligation was to find a purchaser who was ready, willing and able to complete the transaction, which acts were consummated by their salesman, Jerry Kent. Based on my examination of the document introduced herein, and the testimony adduced during the hearing, the undersigned concludes that the Respondent's position that it was entitled to receive the commission monies here in dispute has merit. Although the Commission takes the position that an escrow closing occurred, an escrow has been defined as a written instrument which by its term imports a legal obligation and which is deposited by the grantor, promisor, or obligor, or his agent with a stranger or third party to be kept by the depository until the performance of a condition or a happening of a certain event and then to be delivered over to the grantee, promisee, or obligee. It cannot be seriously contended herein that the Respondent Clarke was acting as an escrow for himself when consideration is given to the above definition of an escrow. See Love v. Brown Development Company, 131 So. 144. It is further essential to an escrow that delivery of the instrument be to a stranger or to a third person, that is, to one who is not a party to the instrument, or a person so free from any personal or legal identity with the parties to the instrument as to leave them free to discharge his duty as a depository to both parties without involving a breach of duty to either. For example, a deed delivered to a grantee cannot be regarded as held in escrow. Here, Respondent Clarke was in no way acting for anyone other than himself or as agent for his salesman, Jerry Kent, both of whom had a direct stake in the commission proceeds. Additionally, upon examination of the deposit receipt contract, the broker became entitled to the commission proceeds when the buyer (purchaser) was found. Additionally, and as an aside, it was noted that the lending institution in fact recorded its mortgage the day following the closing This would lead any examiner of the public records to believe that the lending institution was satisfied with the title as conveyed on the closing date. It was further noted that the Respondents had no indication that there was a problem with the title until approximately five months following the closing. Finally, the undersigned received a letter from attorney Lipcon dated August 1, 1975, advising that the civil case which was pending before the Dade County Circuit Court involving similar issues as posed herein before the commission had been fully and finally settled. There was a stipulation for dismissal signed by attorneys for each of the parties including the attorney for the firm that made the complaint against the Respondents stating in essence that the monies paid to Respondent Clarke and which was retained by him as full and final settlement of his brokerage commission were to be retained by Respondent Clarke as final payment of his commission in connection of the sale of the subject condominium. For all of these reasons, I shall recommend that the complaint filed herein be dismissed in its entirety.
Recommendation Based on the Findings of Fact and Conclusions of Law as found above, it is hereby recommended that the complaints filed herein be dismissed in their entirety. Recommended this 23rd day of August, 1977, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings Room 530 Carlton Building Tallahassee, Florida 32304
The Issue The issue to determine in this matter is whether Petitioner Darryl Maurice Young’s application for real estate license should be denied for the reasons stated in Respondent Department of Business Regulation, Florida Real Estate Commission’s (Commission), Notice of Intent to Deny, rendered April 5, 2018.
Findings Of Fact On January 22, 2018, Mr. Young submitted a State of Florida, Department of Business and Professional Regulation, Florida Real Estate Commission, Application for Sales Associate License, Form # DBPR RE 1. Background question 1, in Mr. Young’s application, asks, in part: Have you ever been convicted or found guilty of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? Mr. Young provided the following explanation for Background question 1: DUI Manslaughter Duval/Orlando, Florida 20 years in prison; 1 year probation May 3, 1997. Additionally, the Commission presented, through FDLE and court records, Mr. Young’s lengthy past criminal offenses and convictions, dating 2/07/1987 back to 1987: Petty theft with prior 2/17/1987 Petty theft 6/01/1987 Burglary (dismissed when pled to above charges) 11/04/1987 Petty theft (merchandise) 8/29/1988 Burglary Petty theft and prior jail offenses Convicted/committed to prison 10/26/1988 Petty theft with priors CA Medical Facility Sentence - 1 year, 4 months 1/02/1991 Petty theft with priors Sentence - 2 years, state prison 1/30/1991 Petty theft Sentence – state prison 3/26/1992 Petty theft with priors Sentence - state prison 8/10/1995 Shoplifting/petit theft Resisting merchant Convicted of both misdemeanors 6/18/1996 Aggravated assault with weapon Felony conviction 7/08/1996 Fraud – failure to deliver a hired vehicle Felony conviction 5/03/1997 Resisting officer with violence Felony conviction 7/22/1997 Violation of Probation (Fraud) Felony conviction 8/22/1997 Violation of Probation (DUI Manslaughter) Felony conviction 8/22/1997 Leaving the scene of an accident Felony conviction 7/13/1999 DUI Manslaughter DUI with serious bodily injury Felony conviction Sentence - 20 years, 5 months, and 7 days While in prison for the 20-plus year sentence for DUI Manslaughter, Mr. Young completed a substance abuse program, and a faith-based residential program. The Florida Department of Corrections discharged Mr. Young from supervision (probation) on April 25, 2016. Michelle Gordon testified that she has known Mr. Young since his release from prison, has had a friendly working relationship with Mr. Young, and that she shared a few culinary classes with him. She further testified that he was a helpful and nice person. Tracy Pray testified that she too has known Mr. Young since his release from prison, and that Mr. Young had assisted her in obtaining a food truck, and that they worked together for about two years. Ms. Pray testified that Mr. Young voluntarily helped her complete the paperwork for the food truck operation. Geneva Carter testified that she works for PRIDE Enterprises as a transition specialist. She testified that she helped Mr. Young gain some useful work experience while he was incarcerated. Ms. Carter further testified that she met with him briefly on two occasions after his release to help him make the transition from prison to working outside of prison. Petitioner failed to establish the following requirements for a real estate sales associate license: that he is honest, trustworthy, of good character, has a reputation for fair dealing, and he is competent and qualified to make real estate transactions and conduct negotiations with safety to investors and others. Petitioner also failed to overcome the disqualification for eligibility found in section 475.25(1)(f), which results from convictions to multiple crimes involving moral turpitude or fraudulent or dishonest dealing. Based on Mr. Young’s failure to appear and offer evidence, there is no evidentiary basis on which findings can be made that he satisfied the requirements for a real estate sales associate license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the undersigned RECOMMENDS that the Commission issue a final order deny Mr. Young’s application for licensure as a real estate sales associate. DONE AND ENTERED this 31st day of May, 2019, in Tallahassee, Leon County, Florida. S ROBERT J. TELFER III 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 31st day of May, 2019.
