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 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
The Issue Whether petitioner's application for licensure as a real estate salesman should be denied because of his alleged criminal record and his false denial (on his application) that he has ever been arrested for or charged with the commission of a crime.
Findings Of Fact On May 17, 1982, petitioner filed an application for licensure as a real estate salesman with the Florida Real Estate Commission. (R-2) Question number six on his application reads: Have you ever been arrested for, or charged with, the commission of an offense against the laws of any muni- cipality, state or nation including 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 out- come in full. He falsely answered this question, "No." (R-2) On February 7, 1976, he was arrested in West Palm Beach for carrying a concealed weapon, a .38 caliber revolver. (TR.-15) On November 2, 1974, he was arrested for driving while under the influence of alcohol in West Palm Beach. He pled guilty to the charge and adjudication was withheld. (TR.-l6) On March 3, 1973, he was arrested in West Palm Beach for driving while under the influence of alcohol and was later convicted. (TR.-16-17) On June 25, 1965, he was arrested in Palm Beach County for violating his probation. (TR.-l8) In December, 1964, he was arrested in Palm Beach County on charges of breaking and entering a dwelling house with intent to commit a misdemeanor, indecent exposure and malicious trespass. He pled guilty to malicious trespass; the breaking and entering and indecent exposure charges were dropped. (R-5) On December 26, 1962, he was arrested in Palm Beach County on a robbery charge. He was later convicted of accessory after the fact and sentenced to three years in Florida State Prison. (TR.-19-20) On May 3, 1962, he was arrested for and convicted of drunkenness in West Palm Beach. (Tr.-21) On December 14, 1960, he was arrested in West Palm Beach and charged with resisting a police officer, traffic violations and drunkenness. He was later convicted of these charges. (TR.-21-22) His civil rights, automatically suspended when he was convicted of a felony, have been restored and he is now able to vote in Florida. (Testimony of petitioner)
Recommendation Based on the foregoing, it is RECOMMENDED: That petitioner's application for licensure be denied for failure to show that, at this time, he possesses the honesty, truthfulness, trustworthiness, and good character required by Section 475.17(1). However, this denial should not prejudice his right to reapply in the future. DONE and ENTERED this 23rd day of September, 1983, 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 23rd day of September, 1983.
The Issue The parties stipulated on the record that the issues for determination in this proceeding are: Whether the crime of manslaughter for which Ms. Antel was convicted is a crime of moral turpitude, and Whether sufficient rehabilitation has taken place since the crime was committed.
Findings Of Fact Petitioner, Donna Antel, submitted her application for license as a real estate salesperson on August 1, 1966. In that application she revealed information regarding conviction of a crime. In December 1982, Donna Antel moved to Florida with her husband, to start a new life after a series of business, financial and personal problems in New York State. Shortly afterwards, it became obvious that the problems also moved with them--the ex-wife began harassing them and the husband's children came to stay, causing severe financial and emotional stress on the relationship. In August 1983, Ms. Antel sat in the bedroom with a rifle, contemplating suicide. He husband walked in, and she shot him. She was tried for 1st degree murder. On December 14, 1984, she was convicted of manslaughter in a jury trial, in Brevard County, Florida. Ms. Antel was sentenced to ten years in prison; she served eleven months in prison and six months on a work release program. On May 6, 1986, she was released on parole. After release from prison, Ms. Antel received psychological counseling and has completed her course of therapy. She has committed no parole violations and is due to be fully released sometime in 1993. For the six months proceeding the final hearing Ms. Antel was employed as an assistant property manager.
Recommendation Based on the foregoing, it is hereby, RECOMMENDED: That a Final Order be entered denying Petitioner's application for licensure. DONE and RECOMMENDED this 20th day of July, 1987, in Tallahassee, Florida. MARY CLARK 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 20th day of July, 1987. APPENDIX The following constitute my specific rulings on the findings of fact proposed by the Respondent. Adopted in Paragraph #1. Adopted in Paragraph #1. Adopted in Paragraph #3 Rejected as unnecessary. Adopted in paragraph #2. Adopted in paragraph #2 Rejected as cumulative and unnecessary. Adopted in paragraph #3. Adopted in paragraph #3. Petitioner's post-hearing submittals were filed on July 15, 1987, well after the established deadline. COPIES FURNISHED: Harold Huff Executive Director Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Joseph A. Sole, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Vincent W. Howard, Jr., Esquire Howard & Reyes, Charter 210 North Park Avenue Sanford, Florida 32771 Lawrence S. Gendzier, Esquire Department of Legal Affairs Suite 212 400 West Robinson Street Orlando, Florida 32801
The Issue Whether Petitioner is qualified for licensure as a real estate salesman.
Recommendation Based on the foregoing findings of fact and conclusions of law it is RECOMMENDED: That Petitioner's application be granted based on his having satisfied all statutory criteria for licensure. DONE and ORDERED this 3rd day of December, 1985, in Tallahassee Florida. R. L. CALEEN 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 3rd day of December, 1985.
Findings Of Fact On or about August 23, 1982, the Petitioner submitted his Application for Licensure as a Real Estate Salesman to the Florida Real Estate Commission. Question 6 of the application and Mr. Grant's response reads as follows: 6. 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 (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled? Yes If yes, state details including the outcome in full: D.U.I., but all requirements have been satisfied and suspension period long over. On September 30, 1982, the Respondent, by letter, notified the Petitioner of two D.U.I. charges and two Disorderly-Conduct-Intoxication charges that had come to the Respondent's attention. The letter further asked for an explanation of these charges as well as an explanation of the Petitioner's "partial answer" to Question No. 6 on the application. (See Petitioner's Exhibit 1). The Petitioner responded in writing with a further explanation of the charges but did not specifically address the question raised regarding the "partial answer" to Question 6. The response also stated that the Petitioner had asked his attorney, James Dirmann, to be of any further additional assistance. (See Petitioner's Exhibit 1). On October 22, 1982, the Florida Real Estate Commission notified Mr. Grant, by letter, of its denial of his application for licensure. That letter specifically noted two grounds for denial of the application and stated in relevant part: The reason for the Commission's action is based on your answer to Question 6 of the licensing application and/or your criminal record according to the appropriate law enforcement agency. Specifically, your denial is based upon: 1978 Driving under the influence arrest/conviction August 1979 disorderly intoxication conviction Disorderly intoxication & resisting arrest without violence arrest/conviction 1981 Driving under the influence conviction On July 11, 1978, Petitioner was convicted in Sarasota, Florida, of driving while under the influence of alcohol and was fined $222. (See Respondent's Exhibit 5). In August, 1979, Petitioner was arrested for disorderly intoxication in Sarasota, Florida, and estreated his bond of $64.50 on August 27, 1979. The order (Respondent's Exhibit 2) does not reflect whether the petitioner was, in fact, convicted of an offense. (See Respondent's Exhibit 2). On April 14, 1981, petitioner was convicted of disorderly intoxication in Sarasota, Florida, and was fined $85.00 (See Respondent's Exhibit 3.) On September 22, 1981, Petitioner was convicted in Sarasota, Florida, of driving while under the influence of alcohol and was fined $350.00. (See Respondent's Exhibit 4). The two disorderly intoxication convictions on August 27, 1979, and April 14, 1981, arose out of incidents that occurred when the Petitioner was attempting to check into First Step of Sarasota, an alcohol rehabilitation center located in Sarasota, Florida. The four incidents referred to in Paragraphs 6 through 9 above are the only convictions or arrests the Petitioner has had. When the Respondent answered Question No. 6 on his application, he had no documents or records of the four offenses described in Paragraphs 6 through 9 above and was not certain whether even the driving under the influence charges would be considered offenses. He did not recall the disorderly intoxication arrests, but did not deny that they had occurred in his October 8, 1982, response to the Commission's September 30, 1982, inquiry. (See Petitioner's Exhibit 1). The Petitioner did not intentionally attempt to conceal information or mislead the Commission in his response to Question 6. The incomplete answer was an oversight and due in part to confusion on the part of Petitioner. During the time period 1978 through 1981, the Petitioner did, in fact, have a drinking problem. This problem developed as a result of a series of events beginning with a very hard fought and lengthy divorce proceeding initiated by Mr. Grant's ex-wife in June, 1975. Prior to 1975, Mr. Grant's mother had had a stroke and was totally disabled. In August, 1977, Mr. Grant's father died and it was necessary to close the family business which had been operated by Mr. Grant and his father and mother for many years. After his father's death, Mr. Grant became totally responsible for his invalid mother. During this same time period, following his divorce, his ex-wife had remarried and he continually experienced problems with visitation with his two children. The Petitioner began drinking heavily in 1978. In March, 1982, Mr. Grant voluntarily checked into Bay Pines Center, an alcohol rehabilitation center. He remained in Bay Pines for thirty (30) days. Since leaving Bay Pines, Mr. Grant has not been drunk or intoxicated and has consumed only a glass of wine on a couple of special occasions. Prior to going to Bay Pines Center, Mr. Grant had sought the help of a psychologist but could not afford to continue the sessions. From August, 1966, to August, 1974, Mr. Grant worked as manager and as an officer of the Sarasota County Credit Bureau. From August, 1974, to sometime in the Fall of 1977, Mr. Grant operated his own employment agency. He was licensed by the State in order to operate this employment agency. Prior to his employment with the Credit Bureau, Mr. Grant served as a First Lieutenant in the Army. Mr. Grant has a reputation in the community as an honest, hardworking businessman. He also has a reputation in the community as a very trustworthy person. In the operation of the Sarasota Credit Bureau for eight years, he was a very responsible, hardworking, and honest individual. There was no evidence of any dishonest dealing in connection with the Petitioner's previous businesses. Mr. Grant has improved greatly over the last year since leaving Bay Pines. He is more motivated and more active and now spends a great deal of time with his children. He has a much better relationship with his ex-wife and cooperates with her in caring for and giving guidance to their two children. From July 6, 1982, to August 10, 1982, Mr. Grant attended the Bert Rogers School of Real Estate. The course consisted of two night sessions each week from 6:00 to 10:00 p.m. He did not miss a single class and was not late for a single class. He successfully passed the exam for that course.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That the Petitioner's application for licensure be granted conditioned only upon passing the Real Estate Examination and payment of the necessary fees. DONE and ENTERED this 25th day of May, 1983, in Tallahassee, Florida. MARVIN E. CHAVIS Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of May, 1983. COPIES FURNISHED: Daniel E. Scott, Esquire Dirmann and Scott 2710 Main Street Sarasota, Florida 33577 Lawrence Gendzier Assistant Attorney General Department of Legal Affairs Room 212, 400 West Robinson Street Orlando, Florida 32801 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Harold Huff Executive Director Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact The Petitioner Louis J. Abbate filed an application with the Florida Real Estate Commission for registration as a real estate salesman on February 10, 1977. The Petitioner answered "No." to question 6 of the application which reads as follows: "(6) 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 (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled?" The Florida Real Estate Commission issued an order dated June 8, 1977, denying the application of the Petitioner for the following reasons: That on or about August 16, 1955, the Petitioner was arrested in Chicago, Illinois and charged with conspiracy. On or about January 25, 1956, the Petitioner was arrested in Chicago, Illinois and charged with conspiracy to interfere with communication lines operated and controlled by the United States. On or about July 9, 1956, the Petitioner was sentenced to three years imprisonment and fined $1,000. On or about June 18, 1959, the Petitioner was arrested in Terre Haute, Indiana and charged with conspiracy to interfere with interstate commerce. The Petitioner failed to disclose in his answer to question 6 on the application the foregoing arrests. The application of Petitioner was considered at the Commission's May 19, 1977, meeting. A mailogram sent by the Petitioner dated May 24, 1977, and received by the Respondent on May 25, 1977, indicated that the Petitioner had failed to disclose certain items on his application. This attempt to amend the application was not considered in the order dated June 8, 1977. The arrest of Petitioner grew out of a conspiracy by a union to commit vandalism to the property of Southern Bell Telephone Company in Jackson, Mississippi. The Petitioner was a member of a union but not of the union conspiring to vandalize the telephone company. The Petitioner stated that he informed the company of the proposed vandalism and that no vandalism did take place. He was, however, convicted of conspiracy and fined $1,000 and sentenced to four months in prison in the State of Illinois. Thereafter he was arrested by the Federal Bureau of Investigation and subsequently convicted and served time in the Federal Penitentiary and paid a fine as a result of the original conspiracy in Illinois. After the Petitioner had served his sentence in Illinois and later has served his sentence in the Federal Penitentiary he was employed for some 13 years by Aircraft Gear Corporation until his retirement in July, 1976. Petitioner presented three letters attesting to his satisfactory employment and to his good character.
Recommendation Grant the application for registration. It appears that the Petitioner has rehabilitated himself since the conspiracy conviction and his attempted amendment to his application for registration shows that he intends to come a citizen, honest, truthful, and trustworthy. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 3rd day of January, 1978. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings 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 January, 1978 COPIES FURNISHED: Robert J. Pierce, Esquire Florida Real Estate Commission 400 West Robinson Avenue Orlando, Florida 32801 Louis J. Abbate 6012 Raven Drive Holiday, Florida 33590 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DIVISION OF OCCUPATIONS DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION FLORIDA REAL ESTATE COMMISSION FLORIDA REAL ESTATE COMMISSION, An Agency of the State of Florida, PROGRESS DOCKET NO. 3210 vs. Petitioner, PASCO COUNTY DOAH CASE NO. 77-1099 LOUIS J. ABBATE, Respondent. /
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
Findings Of Fact On July 1, 1981, the Petitioner Gage applied to the Respondent Department of Professional Regulation, Florida Real Estate Commission for licensure as a real estate salesman. The Petitioner Gage was informed by counsel for the Florida Real Estate Commission on September 28, 1981, that the Commission denied her application for licensure at its September 23, 1981 meeting. As stated by counsel, the Commission's denial was based on Sections 475.17 and 475.25, Florida Statutes, which require an applicant to be "honest, truthful, trustworthy, and of good character and. . .have a good reputation for fair dealing . . ." The specific reason for the Commission's action was based on the Petitioner Gage's answer to question six of the licensing application and her criminal record. In response to the Commission's denial, the Petitioner Gage requested an administrative hearing and the case was forwarded to the Division of Administrative Hearings on March 1, 1982. On March 5, 1982, the Florida Real Estate Commission sent the Petitioner Gage a letter informing her that the case had been sent to the Division and reiterating the following: In order for there to be no confusion on your part the reason you were denied by the Board of Real Estate (now the Florida Real Estate Commission) is due to your answer to question six on the real estate application and your statements before the Board of Real Estate on January 19, 1982. Question six reads: '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 (but not parking, speeding, inspection or traffic signal violations) without regard to whether convicted, sentenced, pardoned or parole? If yes, state details including the outcome in full:' Your answer revealed a 1980 "no contest" plea to vehicular homicide. The Board denied your application based on this incident. It was the Board of Real Estate's view that you failed to show good character, honesty, truthfulness, and trustworthiness as set forth in Section 475.17, Florida Statutes. Further the Board's decision is also based on Section 475.25(1)(f) and Section 475.25(1)(m), Florida Statutes. (e.s) On September 5, 1979, at approximately 8:00 p.m., Petitioner Gage was involved in an auto accident in Fort Myers, Florida, in which the driver of a car which she struck was injured. The officer at the scene who observed the Petitioner Gage and took statements from witnesses, charged her with driving while intoxicated (DWI). Due to a possible concusion, the Petitioner Gage was taken to a hospital and while at the hospital refused a blood alcohol test. The officer who arrested the Petitioner for DWI did not pursue the test and did not at that time believe that the driver of the other auto was severely injured. At the time of the accident the Petitioner Gage was driving with her headlights off. The officer who arrested the Petitioner drove the section of the road where the accident occurred on the following night and observed sufficient street lighting to see the road, although it should have been apparent to a driver when his or her headlights were off. The driver of the auto which the Petitioner Gage struck died in the hospital on October 4, 1979, of a brain hemorrhage which resulted from injuries he received in the accident. Upon his death, the DWI charge was nolle prossed and a charge of vehicular homicide was filed against the Petitioner. On the advice of counsel, Petitioner Gage pled guilty to the charge of vehicular homicide. Adjudication of guilt was withheld, she was placed on five years probation and fined $5,000. One of the conditions of probation imposed by the sentencing judge was that she maintain full employment. The Petitioner Gage admitted that the accident was her fault and that she was driving recklessly. She stated that she was emotionally upset on the day of the accident having just that morning signed a settlement agreement which ended her marriage. The Petitioner has not been arrested or convicted of any crime or traffic infraction either before or after the incident in question. She receives no rehabilitative alimony from her husband, is the sole support of herself and has custody of a minor child. She is a college graduate and has been offered a real estate position with a well known Miami firm when she becomes licensed. Character references were received from the Petitioner's friends, including her pastor and former attorney, attesting to her good character and integrity. As stated by her former attorney, ". . .[i]n spite of [Petitioner's] problems arising out of that automobile accident, I feel her to be an honest and trustworthy person. . .Personally, if I was going to sell some property or buy some property, I would have no reservation in using [Petitioner] as a purchasing or selling agent." (Petitioner's Exhibit 2) If licensed as a real estate salesman, the Petitioner Gage would not endanger the interest of the public and investors. Counsel for the Department has urged that the Petitioner Gage be denied licensure due to inconsistencies in her testimony at the final hearing which demonstrate that she lacks the honesty and good character necessary to be a licensed real estate salesman. Essentially, these inconsistencies involve differences between the Petitioner and the arresting officer concerning peripheral events surrounding her arrest for DWI and eventual conviction for vehicular homicide. Some of these differences are attributable to semantics, i.e., the headlights, streetlines, probation reporting, while others are due to the Petitioner's poor recollection of events which occurred during a particularly traumatic moment in her life. In specific regard to her failure to answer question six of the application, the Petitioner honestly and correctly answered that she had been arrested and convicted of vehicular homicide. Both the arrest for DWI and vehicular homicide arose from the same transaction. When she appeared before the Commission on January 19, 1982, the Petitioner Gage was confused concerning the legal status of her DWI arrest and whether this constituted an arrest for a traffic offense since she had received no points on her license. The Petitioner did not intend to mislead the Commission concerning the 1979 incident and it appears that the Commission's denial was based solely on her one prior conviction for vehicular homicide rather than a perceived lack of candor on her part.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a Final Order be entered approving the application of Patrice Harrison Gage for licensure as a real estate salesman. DONE and ORDERED this 29th day of October, 1982, in Tallahassee, Florida. SHARYN L. SMITH, 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 29th day of October, 1982.
Findings Of Fact The Respondent is a licensed real estate salesman, having been issued license number 0073256 authorizing his practice in such a capacity in the State of Florida. The Petitioner is an agency of the State of Florida charged with enforcing the licensure and practice standards embodied in Chapter 475, Florida Statutes, for realtors in the State of Florida. From approximately April 16, 1977, through November 17, 1977, the Respondent, acting in the capacity of a real estate salesman, was employed by a broker by the name of Irwin Kane and Wintex Realty Corporation of Miami, Florida. That entity with Broker Kane was involved in the advertisement, promotion and sale of parcels of unimproved land in west Texas. The Respondent's duties involved making long-distance telephone calls to prospective purchasers of that land (in Cochran County, Texas), attempting to induce them to buy one or more parcels. In the course of this telephone sales campaign, in which the Respondent participated with approximately 20 salesmen making such phone calls, the Respondent used a script prepared for him by Irwin Kane, his employing broker. The script, in general, extolled the attributes of the unimproved property in an arid region of west Texas, representing that the land possessed favorable climatic conditions, water supply and soil conditions for agricultural purposes and was near property in which oil companies were interested. The Respondent contacted a potential buyer by phone who lived in Wisconsin and attempted to persuade the buyer to purchase a parcel of the property through use of the prepared "script" given him by his broker. That potential customer apparently became suspicious of the sales method, manner or assurances given by phone and ultimately was instrumental, along with the United State Attorney, in the filing of an indictment in the United States District Court for the Eastern District of Wisconsin, charging the Respondent (along with his broker, principals of the corporation and other salesmen) with the use of wire communication in furtherance of a scheme to defraud potential purchasers of real estate in violation of Title 18, United States Code, Section 1343. In that proceeding, the Respondent initially professed his lack of knowledge of the truth or falsity of the representations made in the prepared script his broker gave him and required him to use concerning the attributes of the west Texas land involved. Due in part to a dearth of financial resources to devote to litigation, the Respondent ultimately pled nolo contendere on November 7, 1978, to the charge involving using wire communication in a scheme to defraud. He was ultimately found guilty and was placed on probation for three years, with imposition of a sentence of imprisonment being suspended by the court. The Respondent had no part in the preparation of any written materials or "script" which he employed in making the telephone conversation and representations describing the supposed attributes of the property he was attempting to market on behalf of his employer, Broker Irwin Kane and Wintex Realty Corporation. That script was prepared by his broker or others and the Respondent read or consulted from it as he was communicating with prospective purchasers, but had no actual knowledge of its truthfulness or falsity with regard to the representations contained therein. He was shown to have made no representation or verbal communication which he knew to be false when he made it. The Respondent has been the subject of a disciplinary proceeding involving the same factual transaction in the past which culminated in a final order dismissing that administrative complaint. 1/
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law and the evidence in the record, it is RECOMMENDED: That the Respondent, Ed Rich, be found guilty of a violation of Section 475.25(i)(f), Florida Statutes, and that the penalty of a two (2) year suspension of licensure be imposed. DONE and ENTERED this 31st day of October, 1983, in Tallahassee, Florida. P. MICHAEL RUFF 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 October, 1983. COPIES FURNISHED: Joel S. Fass, Esquire 626 Northeast 124th Street North Miami, Florida 33161 Mr. Ed Rich 1950 South Ocean Drive Hallendale, Florida 33009 Randy Schwartz, Esquire Assistant Attorney General Department of Legal Affairs Suite 212 400 West Robinson Street Orlando, Florida 32801 Fred M. Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
