The Issue The issue is whether the Petitioner, Walter L. Jordan, (Jordan) is entitled to licensure as a real estate salesman in the State of Florida. Petitioner presented his own testimony. Respondent, Department of Professional Regulation, Florida Real Estate Commission, (Commission) had two exhibits admitted in evidence. The transcript of the proceedings was filed on November 18, 1987. At hearing the parties agreed to file proposed orders within ten days of the filing of the transcript The Commission's proposed order was filed on December 2, 1987, and is therefore untimely. Jordan has failed to file a proposed order. Accordingly, while the Commission has filed a proposed order, it has not been considered and no rulings will be made on the Commission's proposed findings of fact.
Findings Of Fact Jordan filed an application for a real estate salesman's license on or about February 14, 1987. In that application, Jordan acknowledged an arrest and conviction for possession of marijuana on February 12, 1976; an arrest and conviction for possession of a firearm in October, 1983; an arrest for aggravated assault in October, 1983, which was allegedly withdrawn by the prosecuting authority; and an arrest and conviction for breach of peace and disorderly intoxication in April, 1984. Based upon these convictions, the Commission denied Jordan's application by letter dated August 27, 1987. Jordan acknowledges these arrests and convictions, but does not believe he should be disqualified from licensure based on "two misdemeanors and one adjudication withheld." Further Jordan testified that it [the convictions] "doesn't prove I'm the best character in the world, but that's no real mar on my character, I wouldn't assume." Jordan presented no evidence of rehabilitation except that he worked for a company named Hubbard from June, 1986, to December, 1986; he was self- employed or unemployed from December, 1986, to April, 1987; he has worked for his father doing construction work since April, 1987; and he is the father of four children that he is taking care of alone.
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 denying Walter L. Jordan's application for licensure as a real estate salesman. DONE AND ENTERED this 8th day of December, 1987, in Tallahassee, Leon County, Florida. DIANE K. KIESLING 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 8th day of December, 1987. COPIES FURNISHED: Mr. Walter L. Jordan 3225 Rosselle Street Jacksonville, Florida 32205 Lawrence S. Gendzier Department of Professional Regulation Fla. Real Estate Comm. 400 West Robinson, Room 212 Orlando, Florida 32801 Tom Gallagher, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Harold Huff, Executive Director Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32801
The Issue Did the Respondent obtain licensure by fraud or misrepresentation contrary to Section 475.25(1)(m), Florida Statutes?
Findings Of Fact The Respondent, Carl D. Hill, submitted an application for licensure to become a real estate salesperson on June 22, 1981. See Exhibit "A", a true and correct copy of the Respondent's application. Respondent admits he executed the original application in the line designated for the signature of the applicant. Said application was received by the Florida Real Estate Commission on June 26, 1981, and was approved on July 24, 1981. Based upon said application, Respondent was issued license number 0372160 as a real estate salesman. In response to question number six in the referenced application, Respondent replied "no" to the question of whether he had ever been arrested for, or charged with, the commission of an offense against the laws of any municipality, state or nation, including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled. On June 7, 1980, Respondent was arrested by the Hillsborough County Sheriff's Office and charged with trafficking in cocaine, possession of cocaine, delivery of cocaine and possession of a firearm during the commission of a felony. See Exhibit "B". On May 12, 1981, Respondent pleaded guilty to the crime of delivery of cocaine. Upon accepting such plea, the Circuit Court for Hillsborough County imposed a sentence of five years' probation and withheld adjudication.
Recommendation Having found that the Respondent violated Section 475.25(1)(m), Florida Statutes, it is recommended that the license of Respondent as a real estate salesperson be revoked. DONE and RECOMMENDED this 6th day of December, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 6th day of December, 1982. COPIES FURNISHED: David P. Rankin, Esquire 4600 West Cypress, Suite 410 Tampa, Florida 33607 Jack W. Crooks, Esquire 4202 West Waters Avenue Tampa, Florida 33614 Samuel R. Shorstein, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 C. B. Stafford, Executive Director Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 William M. Furlow, Esquire Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact The Defendant, Theodore Michael Lakos, was at all material times, registered with the Florida Real Estate Commission as a real estate salesman. On or about April 20, 1976, a Second Amended Information was filed by the State Attorney for the First Judicial Circuit of Florida against Theodore Michael Lakos, and others in the Circuit Court of Escambia County, Florida. A copy of the Second Amended Information was received in evidence at the hearing as Plaintiff's Exhibit 2. On or about August 25, 1976, Theodore Michael Lakos withdrew his previous plea of not guilty of the charges, and entered a plea of nolo contendere to Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Amended Information. On or about November 9, 1976, Theodore Michael Lakos was adjudicated guilty of the charges alleged in Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Admended Information. Sentencing was stayed for a period of ten years, during which time the Defendant will be on probation under the supervision of the Florida Parole Commission. A copy of the Judgment and Sentence was received in evidence at the hearing as Plaintiff's Exhibit 4. In accordance with the Defendant's plea of nolo contendere, and the court's judgment, it is found that the Defendant, Theodore Michael Lakos, did knowingly, unlawfully and feloniously agree, conspire and confederate with others to commit the felony of breaking and entering, in violation of Sections 833.04 and 810.01, Florida Statutes, as charged in Count 1 of the Second Amended Information. It is found that the Defendant, between March 1, 1975, and up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny, in violation of Sections 833.04 and 811.021, Florida Statutes, as charged in Count 2 of the Second Amended Information. It is found that the Defendant between, on or about March 1, 1975, ad up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired and confederated with others to commit the felony of first degree larceny, in violation of Sections 833.04 and 806.01, Florida Statutes, as charged in Count 3 of the Second Amended Information. It is found that the Defendant, between on or about March 29, 1975, and up to and including on or about April 18, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny in violation of Section 833.04, and 811.021, Florida Statutes, as charged in Count 4 of the Second Amended Information. It is found that the Defendant, on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: breaking and entering, in that he aided, abetted, counselled, or otherwise procured others to unlawfully break and enter a dwelling house with intent to commit a felony, to wit: grand larceny in violation of Sections 776.011 and 810.01, Florida Statutes, as charged in Count 6 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled or otherwise procured as a principal in the first degree, the commission of a felony, to wit: grand larceny, in that he aided abetted, counselled, or otherwise procured others to unlawfully take, steal, and carry away certain property of the aggregate value of more than one hundred dollars, in violation of Sections 776.011 and 811.021, Florida Statutes, as charged in Count 8 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: first degree arson, in that he aided, abetted, counselled, or otherwise procured another to willfully and maliciously set fire to a dwelling house in violation of Sections 776.011 and 806.01, Florida Statutes, as charged in Count 10 of the Second Amended Information.
Findings Of Fact Petitioner here, Kenneth G. Bray, on May 31, 1983, filed an application for licensure as a real estate salesman in Florida with the Florida Real Estate Commission on its application form, which was received by the Commission on June 9, 1983. Received that same date was the addendum to the real estate salesman's application, signed by Petitioner, which, according to the form itself, is to be answered instead of Question 6 on the basic application form. Petitioner answered Question 6 on both forms. Question 6 on the basic application form states: Have you ever been arrested for, or charged with, the commission of an offense against the laws of any municipality, state or nation includ- ing traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled? If yes, state details including the outcome in full. In answer to that question, Petitioner replied: D.W.I. Daytona Beach (Fined) 1982 1968 N.Y. Drugs, poss. larceny & sale (turned over to military) On the addendum filed the same date, the question asked is somewhat different, reading: 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? To this question, Petitioner answered with the same information as contained in the answer to Question 6 on the basic application form. A printout of Petitioner's Florida arrest record by the Florida Department of Law Enforcement dated June 29, 1983, reflects that Petitioner was arrested by officers of the Daytona Beach Police Department on November 28, 1982, for: Driving under the influence of liquor Possession of under 20 grams of marijuana Resisting an arresting officer without violence. Petitioner indicates all three offenses were part of the same incident and arrest, that he was fined for the offense of driving under the influence of liquor, and that the remaining two charges were dropped. Respondent offered no evidence to rebut this contention, and it is, therefore, found as fact that Petitioner was not convicted of either the marijuana offense or of resisting arrest. Petitioner admits these latter two allegations were not listed on either form at Question 6 because they were all a part of the same arrest and he was not convicted of either. Further, these two omitted offenses were less serious than those he did list, such as the 1960 drug offense when he was a 21- year-old military member and the DUI. At the time the applications were submitted, he was under some problem to get them in because of an impending test date, and he omitted those two offenses. Thereafter, he telephonically contacted a representative of Respondent Real Estate Commission in Orlando, a lady named Ruth (Clayton), to whom he explained his omissions. According to Petitioner, she told him to write a letter to the Commission outlining the offenses he omitted, and he contends he did so. He does not have a copy of his letter, however, nor was a copy offered by Respondent.
Recommendation Based on the above, it is RECOMMENDED that Petitioner, if otherwise qualified, be issued a license as a real estate salesman in Florida. RECOMMENDED this 3rd day of February, 1984, in Tallahassee, Florida. ARNOLD H. POLLOCK 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 3rd day of February, 1984. COPIES FURNISHED: Ralph Armstead, Esquire Assistant Attorney General Department of Legal Affairs 400 West Robinson Street Suite 212 Orlando, Florida 32801 Mr. Harold Huff, Director Division of Real Estate Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Kenneth G. Bray 2617 South Atlantic Avenue Daytona Beach Shores, Florida 32018
Findings Of Fact Based upon the documentary evidence received and the entire record compiled herein, I hereby make the following findings of fact: Respondent is now, and has been since April 6, 1981, a licensed real estate broker holding license no. 0077440. On August 17, 1984, Respondent was convicted in the United States District Court, Southern District of Florida, of the following offenses: Two counts of mail fraud; Three counts of the use of mail to defraud; Four counts of wire fraud; Two counts of interstate transportation of stolen property; One count of conspiracy to commit mail and wire fraud. The Petitioner was sentenced to total confinement of 15 years, total probation of 5 years and a total fine of $100,000.00. The court further ordered that the Petitioner not engage in any activity involving the solicitation of investors while on probation. The Respondent did not inform or otherwise advise the Florida Real Estate Commission in writing within 30 days of having been convicted of the aforementioned felonies.
Recommendation Based on the foregoing Conclusions of Law and Findings of Fact it is recommended that Respondent's license as a real estate broker be REVOKED. DONE and ORDERED this 10th day of December, 1985 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON 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 10th day of December, 1985. COPIES FURNISHED: Sue Hartmann, Esq. Department of Professional Regulation Florida Real Estate Commission West Robinson Street Orlando, Flordia 32801 Steven J. Sawyer Holiday Drive Hallandale, Florida 33009 Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esq. General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Harold Huff Executive Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32802
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the charges against Respondent, Linda N. Phillips, be DISMISSED. DONE and ENTERED this 16th day of October, 1981, 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 16th day of October, 1981.
Findings Of Fact Based on the evidence presented at hearing, the Hearing Officer makes the following findings of fact: Approximately three years ago, when he was 21 years of age, Rudolpho A. Herrera ran afoul of the law. He made arrangements to have a friend obtain from another acquaintance of Herrera's between four to seven grams of cocaine. Herrera's friend received the cocaine and transported it across state lines to North Carolina where his scheme was uncovered and he was arrested. When questioned by the authorities, the friend revealed Herrera's involvement in the matter. Herrera was subsequently extradited to North Carolina and charged with conspiracy to distribute cocaine in violation of 21 U.S.C. Section 846. He pled guilty to the charge and, on September 2, 1986, was convicted in federal district court of the offense. Never before had he, nor has he since, been convicted of any crime. Because of his cooperation following his apprehension, Herrera was treated leniently by the court. He was sentenced to three years imprisonment, the first six months of which he was to spend in a community treatment center. The remainder of his three-year sentence of imprisonment was to be suspended and he was to be placed on five years probation after his release from the community treatment center. While confined to the community treatment center, Herrera was a model inmate. As a result of his exemplary behavior, he was released from the center and placed on probation two months early. During the time that Herrera has been on probation he has been a law abiding citizen. Moreover, he has complied with all of the terms and conditions of his probation. Herrera is now, and has been since the period of his confinement at the community treatment center, gainfully employed. For the past year and a half he has been employed by Five Stars Furniture Corporation as a manager of a furniture store. He is a trusted employee who has been given the keys to the store and the code to its alarm system. Herrera has been fair and honest in his dealings with his employer, his subordinates and his customers. Although his current employment situation is a positive one, Herrera wants to enter the real estate field to better himself. Charles W. Cadman, the Vice-President of Coconut Grove Realty Corporation, has expressed a willingness to assist Herrera in obtaining his real estate salesman license and to employ Herrera once he obtains his license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a Final Order denying Petitioner's application for licensure as a real estate salesman, without prejudice to Petitioner filing a subsequent application when he is able to show that his rehabilitation is sufficiently complete to entitle him to such licensure. See Karl v. Florida Real Estate Commission, 229 So.2d 610, 611 (Fla. 3d DCA 1969)(Commission may not preclude an applicant whose application has been denied because of a prior felony conviction from reapplying for licensure and showing subsequent rehabilitation. DONE and ENTERED this 10th day of April 1989, in Tallahassee, Leon County, Florida. STUART M. LERNER 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 April, 1989. COPIES FURNISHED: Juan DeJesus Gonzalez, Esquire 2153 Coral Way, Suite 601 Miami, Florida 33145 Lawrence Gendzrier, Esquire Assistant Attorney General 400 West Robinson Street Suite 212 Orlando, Florida 32801 Darlene F. Keller Director, Division of Real Estate Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32802 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact Petitioner submitted an application to Respondent for licensure as a real estate salesman on or about March 3, 1988. By letter dated May 27, 1988, Petitioner was notified by counsel for Respondent that Petitioner's application for licensure was denied. The basis for denial, according to the letter, was Petitioner's criminal record as set forth in the application. Petitioner's criminal record, the letter continued, constituted a basis for denial in accordance with section 475.17(1), Florida Statutes, requiring that an applicant possess good character; and section 475.25, Florida Statutes, authorizing licensure denial to an applicant found guilty of an offense involving moral turpitude. By letter dated June 14, 1988, Respondent's counsel detailed specific offenses that were committed by Petitioner as the basis for application denial. Those offenses were: Conviction of the offense of indecent exposure in Orange County, Florida in 1976. Petitioner was placed on probation for one year and fined $150 for this offense. Commission of the offense of an unlawful blood alcohol level while operating a motor vehicle in 1978. Petitioner paid a fine of $500. Conviction of distribution of obscene works to a minor in Baldwin County, Alabama in 1986. Petitioner was sentenced to a two year term of probation and assessed a fine of $500. Petitioner confirmed his conviction for indecent exposure in October, 1976. He related he urinated between two gasoline pumps at a service station around 2:30 a.m. in the morning. He was observed by law enforcement personnel and arrested. Petitioner's testimony establishes he provided various magazines published in three states to the 16 year old son of a church minister. Upon discovering the magazines, the minister successfully sought the prosecution of Petitioner. According to Petitioner, the magazines he provided the youth are deemed obscene in the state of Alabama. Distribution of such publications to minors is illegal in that state. Further, the magazines were obtained by Petitioner through the U.S. Mail and not through retail outlets. At hearing, Petitioner also acknowledged his conviction of the offense of driving with an unlawful blood alcohol level in 1978. Petitioner testified he requested a formal hearing because he knew his employment record of short term employment in various states over the past few years coupled with his criminal record made him look like a "flake" and he desired to dispel such an impression. Beyond his own testimony acknowledging and explaining his criminal record, Petitioner presented no testimony regarding his character or rehabilitative efforts undertaken by him.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entering denying Petitioner's application for licensure. DONE AND ENTERED this 16th day of August, 1988, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 16th day of August, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-3009 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. PETITIONER'S PROPOSED FINDINGS Petitioner presented a letter subsequent to hearing which acknowledged his poor judgement and ignorance of the law with regard to the offense of distribution of obscene literature to a minor. In his letter, Petitioner discounted his earlier offenses due to the fact the incidents were over 12 years old. Any findings which could have been based on Petitioner's statements in this letter are rejected as unnecessary to the conclusion reached. RESPONDENT'S PROPOSED FINDINGS Included in finding 1. Included in finding 2. Included in finding 3. Included in finding 3. Included in finding 4. Included in finding 5. Included in finding 8. COPIES FURNISHED: Robert A. Gaik William O'Neil, Esquire 4839 Sea Oats Circle General Counsel Apartment 106 Department of Professional West Palm Beach, Florida 33417 Regulation 130 North Monroe street Lawrence Gendzier, Esquire Tallahassee, Florida 32399-0750 400 West Robinson Street Room 212 Darlene F. Keller Orlando, Florida 32801 Acting Director Division of Real Estate Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact The Respondent, at all times pertinent hereto, was, and still is, the holder of a Florida real estate salesman license, number 0402455. On or about September 6, 1985, the Respondent was indicted on 9 felony counts in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida. On or about September 2, 1986, the Respondent was found guilty of 2 counts of first degree murder in violation of Section 782.04, Florida Statutes, 2 counts of making, possessing, throwing, placing or discharging any destructive device resulting in the death of another in violation of Section 790.161, Florida Statutes, 3 counts of arson resulting in injury in violation of Section 806.031(2), Florida Statutes, 1 count of arson in violation of Section 806.01(1), Florida Statutes, and 1 count of attempted first degree murder in violation of Sections 777.04 and 782.04, Florida Statutes. On or about September 16, 1986, the Respondent was sentenced to two life terms in prison, said terms to run consecutively, and three 15-year terms and two 22-year terms in state prison, said terms to run concurrently. The 15- year and 20-year terms are to run consecutively to the life terms. The Respondent is in the custody of the Florida Department of Corrections and is confined to the Union Correctional Institute. The Respondent failed to inform the Petitioner in writing that he had been convicted of a felony within 30 days after his conviction. The Respondent's conviction is currently on appeal to the Second District Court of Appeal.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's license as a real estate salesman be revoked; provided, that if the Respondent's conviction is reversed on appeal, that his license as a real estate salesman be reinstated. DONE and ENTERED this 27th day of July, 1987, in Tallahassee, Florida. LARRY J. SARTIN 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 27th day of July, 1987. APPENDIX TO RECOMMENDED ORDER The Petitioner has submitted proposed findings of fact. All of the Petitioner's findings of fact have been accepted. The paragraph numbers of the Petitioner's proposed findings of fact correspond with the paragraph numbers of the findings of fact in this Recommended Order. COPIES FURNISHED: Mr. Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Joe Sole, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 James R. Mitchell, Esquire Senior Attorney Department of Professional Regulation Division of Real Estate 400 West Robinson Street Orlando, Florida 32802 Steven Wayne Benson Union Correctional Institution #104033 66-113-1 Post Office Box 221 Raiford, Florida 32083 =================================================================
The Issue Whether the respondent's license as a real estate broker should be revoked, suspended, or otherwise disciplined because respondent entered a plea of guilty to the offense of unlawful compensation.
Findings Of Fact Respondent is and was at all times pertinent to this proceeding a licensed real estate broker with the State of Florida, holding license number 0166810. On June 18, 1982, an information was filed in the circuit court charging that between the dates of December 10, 1980 and December 1, 1981, the respondent "did corruptly request, solicit, accept or agree to accept money not authorized by law for past, present, or future performance, to wit: by sending business to Don's Alignment Shop, which said ALBERT RONALD HURLBERT did represent as having been within his official discretion in violation of a public duty or in performance of a public duty, in violation of Section 838.016, Florida Statutes." On July 16, 1982, the respondent appeared before Judge Thomas Oakley and entered a plea of guilty to the offense of unlawful compensation as charged in the information. Adjudication of guilt was withheld and respondent was placed on probation for a period of four years. Respondent was given an early release from probation on August 30, 1984.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Florida Real Estate Commission enter an order finding that the respondent has been convicted or found guilty of a crime which involves moral turpitude or fraudulent or dishonest dealing and revoking the respondent's real estate license. DONE and ENTERED this 27th day of February, 1985, in Tallahassee, Florida. DIANE A. GRUBBS 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 27th day of February, 1985. COPIES FURNISHED: Fred Langford, Esquire Department of Professional Regulation Division of Real Estate 400 West Robinson Street Orlando, Florida 32801 Mr. Albert R. Hurlbert c/o Hurlbert Realty 8117 Lakeland Street Jacksonville, Florida 32205 Salvatore A. Carpino, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32303 Howard Huff Executive Director Division of Real Estate P. O. Box 1900 Orlando, FL 32802
