Findings Of Fact The Respondent, Leonard Fernandez, is a licensed real estate salesman, holding license number 0145203. In July and August of 1979, the Respondent was employed as a mortgage solicitor for Southeast Mortgage Company in Broward County, Florida. Alan Edwards was the Respondent's supervisor during this time period. In July, 1979, the Respondent advised Alan Edwards that he was going to purchase property, and requested that Mr. Edwards loan him money for a short period of time. Mr. Edwards loaned the Respondent $4,000 under a verbal agreement that the Respondent would repay the loan within 60 days. When the Respondent failed to repay this loan as agreed, Mr. Edwards had the Respondent sign a promissory note in the amount of $4,000. In an attempt to repay a portion of this note, the Respondent gave Mr. Edwards a check in the amount of $1,800 on or about August 29, 1979. Mr. Edwards presented the check for payment, but it was returned unpaid because the Respondent had stopped payment on it. When Mr. Edwards contacted the Respondent about the check, the Respondent stated that he had expected some funds from a relative, and when he did not receive this money, he stopped payment on the check. The Respondent told Mr. Edwards that he would give him a cashier's check to replace the $1,800 check that had been returned unpaid, but the Respondent never provided the cashier's check. Instead, the Respondent, in September, 1979, gave Mr. Edwards several postdated checks drawn on account number 002312352 at Southeast Bank of Broward County. The purpose of these checks was to repay, the $1,800, after which the Respondent was to pay the remaining debt due under the note. In November, 1979, Mr. Edwards presented the first of the postdated checks, dated November 15, 1979, to Southeast Bank for payment, but was notified that the Respondent's account upon which all the postdated checks had been issued, was closed. When the bank failed to honor this first check, Mr. Edwards sent a notice of dishonored check to the Respondent by certified mail. The return receipt indicates that the Respondent received this notice. In December, 1979, and in January and February of 1980, Mr. Edwards presented to Southeast Bank the postdated checks that Respondent had given him for these months. On each occasion the bank informed Mr. Edwards that the Respondent's account was closed. Mr. Edwards sent the Respondent notices of dishonor of these checks, which the Respondent received. Mr. Edwards never received any payment of the debt owed by the Respondent. On January 7, 1980, in Dade County Circuit Court, the Respondent pled nolo contendere to two counts of conspiracy to sell, deliver or possess with intent to sell or deliver, cocaine, and was found guilty, placed on one year probation, and ordered to pay $2,400 in restitution. On February 29, 1980, the court withheld adjudication on this charge.
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that license number 0145203 held by the Respondent, Leonard Fernandez, be revoked. DONE and RECOMMENDED this 9th day of June, 1983 in Tallahassee, Florida. WILLIAM B. THOMAS 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 9th day of June, 1983. COPIES FURNISHED: Tina Hipple, Esquire Post Office Box 1900 Orlando, Florida 32802 Mr. Leonard Fernandez 10024 S.W. 2nd Terrace Miami, Florida 33174 William M. Furlow, Esquire Post Office Box 1900 Orlando, Florida 32802 Harold Huff, Executive Dir. Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact On October 3, 1975, Respondent filed an application with Petitioner for registration as a real estate broker (Stipulation, Petitioner's Exhibit 2). That said application contained therein Question 8 which is set forth in paragraph 2 of the Amended Complaint and to which Respondent answered "No." (Stipulation, Petitioner's Exhibit 2.) That thereafter the application was approved and the Respondent subsequently received his registration as a real estate broker and has been continuously registered the Petitioner as a broker since December 22, 1975 (Stipulation.) That at the time of the execution of the application, as aforesaid, Respondent'S answer to Question 8 was incorrect in that he failed to reveal, disclose and fully explain a Complaint filed against him on August 6, 1973, in the Circuit Court of the Sixth Judicial Circuit of the State of Florida, in and for Pinellas County, by one Kenneth Beard, an individual, which complaint alleges false representations on the part of the Respondent in a business transaction. A judgment of the aforesaid Circuit Court in the above-mentioned action was in the process of appeal at the time Respondent filed his application for registration as a real estate broker (stipulation.) Respondent testified at the hearing substantially as follows: After the civil action had been filed against him, he sought the advice of counsel who informed him that the complaint therein was defective as a matter of law. He was therefore of the opinion that there was not a viable suit against him at the time he filled out his application, and thus was not attempting to mislead or hide any facts from the Petitioner. He also felt that, since he had not, in fact, committed any fraud or misrepresented any matters to the purchaser of the business in question, a negative answer on the question in the application was justified. However, upon reflection at the hearing, he conceded that, probably he had misread the question and misconstrued its meaning. Respondent's good reputation for truth and veracity in the community and in his business dealings was attested to by past officials of the Clearwater, Largo, Dunedin Board of Realtors (Testimony of Merhige, Blanton).
Recommendation That the Complaint against Respondent, William D. Folz, be dismissed. DONE and ENTERED this 5th day of April, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Frederick W. Jones Staff Counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Richard B. Moritz, Esquire 801 West Bay Drive Suite 704 Largo, Florida 33540
Findings Of Fact Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on January 11, 1978, in Cocoa, Florida. The following appearances were entered: Charles E. Felix, Orlando, Florida, for the Plaintiff, Florida Real Estate Commission; and Kenneth A. Studstill, Titusville, Florida, for the Defendants, Thomas L. Pittman and Pittman Real Estate, Inc. The Florida Real Estate Commission issued an Administrative Complaint against the Defendants on August 23, 1977. On September 12, 1977, the Defendants filed an election of rights form which constituted a petition for hearing. In accordance with the provisions of Section 120.57(1)(b)(3), the Commission requested that a hearing officer from the Division of Administrative Hearings be assigned to conduct the hearing. The final hearing was scheduled by notices dated October 19, 1977 and November 2, 1977. At the final hearing the Commission called Gary W. Brandt, a registered real estate salesman, as its only witness. The Defendants called Virginia Laver, a former employee of Defendant Pittman Real Estate, Inc., and the Defendant Thomas L. Pittman. Hearing Officer's Exhibits 1-3, and Petitioner's Exhibits 1 and 2 were offered into evidence and were received. There were conflicts in the testimony of certain of the witnesses. In resolving these conflicts due regard has been given to the credibility of the witnesses as evidenced in part by the demeanor of the witnesses at the hearing, and in part by the extent to which the witnesses' testimony has been corroborated by other evidence.
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
The Issue The issues in this cause are those promoted by the administrative complaint brought by the Petitioner against Respondent alleging a violation of Section 475.25(1)(f), Florida Statutes, through the entry of a plea of nolo contendere to a charge of vehicular homicide, a felony, as described in Section 782.071, Florida Statutes.
Findings Of Fact Petitioner, as a governmental agency in the State of Florida, licenses and regulates those persons who are engaged in real estate sales within Florida. The authority for this regulatory function may be found in Section 20.30, Florida Statutes, and Chapters 120, 455 and 475, Florida Statutes, and associated rules. Respondent has held a real estate salesman's license issued by the Petitioner during all relevant periods. On September 13, 1986, that license held by the Respondent was inactive. On October 13, 1986, Respondent activated his real estate salesman's license and it remained active at the point of final hearing. In October 1986, Respondent placed his real estate sales license with a real estate broker in Gainesville, Florida, Richard Fort Rogers. Richard Fort Rogers is the father of the Respondent. Respondent continues in his affiliation with his father's real estate brokerage operation. On September 13, 1987, Respondent was involved in an automobile accident in Gainesville, Alachua County, Florida. He was operating the motor vehicle in question and through that operation caused the death of Harold E. Thompson. Out of these circumstances, Respondent entered a plea of nolo contendere to the offense of vehicular homicide. Section 782.071, Florida Statutes. This disposition is set forth in Petitioner's composite exhibit 2 admitted into evidence. The plea was by negotiation in the case The State of Florida vs. Richard Fort Rogers in the Circuit Court, for the 8th Judicial Circuit of Florida, Alachua County, Court, #86-3203-CF-A. The amended information to which the Petitioner pled dates from December 10, 1986. The negotiated plea was entered on February 2, 1987. On that same date the Court entered an order accepting the plea. For this offense, adjudication of guilt was withheld, the Respondent was given three years' probation, required to pay court costs and was screened for alcohol counseling. Following the disposition of his case, by correspondence of February 13, 1987, as received by the Florida Real Estate Commission on February 17, 1987, Respondent advised the Commission of his plea of nolo contendere to the charge of vehicular homicide.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, 1 hereby recommend: 1. That the Defendant, James Rosati, Jr., license to practice as a registered real estate broker be suspended for a period of one year. Recommended this 8th day of February, 1978, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 COPIES FURNISHED: Charles E. Felix, Esquire Florida Real Estate Commission 400 West Robinson Avenue Orlando, Florida 32801 James Rosati, Jr. 109 Harbor View Lane Largo, Florida 33540
The Issue The administrative complaints allege that John Maxfield failed to pay an appraiser for his work, he failed to maintain an office and sign at the address listed with the Florida Division of Real Estate, he failed to maintain trust funds in an escrow account, and he failed to release security deposits of tenants, in violation of Chapter 475, Florida Statutes and rules of the Florida Real Estate Commission. The issue for determination is whether these violations occurred and, if so, what disciplinary action against Maxfield's license is appropriate.
Findings Of Fact At all times relevant to the complaint, John R. Maxfield, was licensed by the State of Florida as a real estate broker-salesman, with license number 0130663. Michael Chambers is a real estate appraiser in Winter Park, Florida. Around August 1986, he was retained by Maxfield to conduct appraisals of some apartment complexes and a duplex. An associate of Maxfield's met Chambers at the property to give him access for the appraisals. After the appraisals were done, Maxfield failed to pick them up as he had agreed. Chambers went by the office listed on the business card given to him by Maxfield's associate, but could not find the office. He later found the office, but Maxfield's secretary did not have the payment for him. To date, Maxfield still has not paid the $600.00 appraisal fee, in spite of Chambers' several demands. From 1983 or 1984, until October 1986, Maxfield was the trustee of a land trust with several investor beneficiaries. Hideaway Delaney Apartments in Orlando, Florida is a property owned by the trust. Maxfield was the manager of the property until October 1986. He was relieved of his duties when the beneficiaries learned that other trust property was being foreclosed. While manager of the property, Maxfield received tenants' deposits through his agents, various resident managers. He never released those deposits to the trust beneficiaries, to the successor manager, John Capone Realty, or to the tenants, after he ceased serving as manager. The total amount of unaccounted for security deposits is $2245.00. In March 1987, in an interview with Maureen Harvey, a Division of Real Estate investigator, Maxfield admitted that he used the deposit money to off-set his own expenses. Earlier, in a civil action brought by some tenants seeking their deposits, Maxfield admitted that he owed the money and agreed to pay it. The deposit money remains unpaid. The administrative complaints allege that between October 1986 and March 1987, Maxfield failed to maintain an office and entrance sign at the business address he had registered with the Department of Professional Regulation. One complaint alleges the address as 103 Lucerne Circle, Orlando. The other complaint alleges the address as 203 Lucerne Circle, Suite 500, Orlando. Maxfield's license renewal forms indicate the address was 203 N. Lucerne Circle, Suite 500, Orlando. Assuming that the one complaint contained a typographical error, the testimony by DPR's witnesses did not clearly establish the dates they visited the premises and failed to find an office or sign. The investigator visited the address in April 1987, after the period alleged in the administrative complaints. Michael Chambers took photographs of the buildings on the site, much earlier in August 1986. As of June 1987, Maxfield's license renewal form lists his business address as Vistana Resort Development, Inc., 13500 State Road 535, Orlando, Florida.
Recommendation Based upon the foregoing, it is hereby RECOMMENDED: that a Final Order be entered, finding John R. Maxfield guilty of violations of Sections 475.25(1)(b), (d), and (k), Florida Statutes, suspending his real estate license for three (3) years, and thereafter placing him on probation for a period of two (2) years, under appropriate conditions to be established by the board. DONE AND RECOMMENDED this 26th day of February, 1988, 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 day of February, 1988. COPIES FURNISHED: Steven W. Johnson, Esquire Department of Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 John R. Maxfield 9100 Meadowcreek Drive #648 Orlando, Florida 32821 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Darlene F. Keller Executive Director Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 =================================================================
Findings Of Fact The Respondent has been a registered real estate salesman with the Florida Real Estate Commission from February 17, 1967, until the present. The Respondent was indicted by a federal grand jury in the Middle District of Florida and charged with devising and intending to devise a scheme and artifice to defraud certain named persons and entities by use of the mails and further charged with the commission of an overt act in furtherance of said scheme. U.S. v. Hawk, Case No. 68-47-ORL CR, U.S. District Court for the Middle District of Florida, Orlando Division. On October 11, 1968, the Respondent pled guilty to the offense of devising a scheme to defraud others and executing said scheme by use of the United States Mail and by telephone in violation of Title 18, Section 1341, U.S.C. The Respondent was sentenced to four years' imprisonment upon his plea of guilty. He served 17 months of his sentence before being paroled, which parole ended in October, 1972. The charge to which the Respondent pled guilty and was found guilty did not, in any manner, involve the sale of real property. Since his conviction and release from prison, the Respondent has worked as a real estate salesman. The Florida Real Estate Commission has shown no complaint lodged against Mr. Hawk regarding his registration as a real estate salesman from February 17, 1967, until the present, other than the complaint and allegations presently being considered. There has been no showing that Nelson F. Hawk engaged in any conduct warranting suspension of his registration as a real estate salesman other than that conviction heretofore referred to in 1968. Nelson F. Hawk is guilty of a crime against the laws of the United States involving fraudulent dealing as evidenced by the certificate of Wesley R. Thies, Clerk, United States District Court for the Middle District of Florida.
Findings Of Fact On January 17, 1975 Respondent pleaded guilty in the U.S. District Court for the Middle District of Florida, Jacksonville Division, of knowingly and unlawfully aiding and abetting Larry E. Williams in the receipt of compensation, that is, a political contribution in the amount of Five Thousand Dollars ($5,000) for Edward J. Gurney with intent to unlawfully defeat the purposes of the Department of Housing and Urban Development, a Department of the United States; in violation of Title 18 USC 1012 and 2(a) as charged in Count I of the Information. The court adjudged Respondent guilty as charged, withheld the imposition of sentence and placed Respondent on probation for a period of one year. Violation of the above provisions of the U.S. Code constitutes a misdemeanor. In defense of his conduct Respondent testified without contradiction that he was a member of a venture called Minorca Arms formed for the purpose of building apartments to be financed by FHA. The approval of the application for financing had been delayed by FHA and one member of the venture, Walton, who was heading the venture, told Respondent that he, Walton, thought that if a $5,000 donation to Senator Gurney's campaign in a cash contribution was made to Williams it might assist in getting the commitment out of FHA. Shortly thereafter Williams, who Respondent never saw before or after the visit, came to Jacksonville, was picked up by Walton, brought by Respondent's office where an envelope containing $5,000 was picked up by Williams. No mention of the FHA commitment or anything related there to was made during the few minutes Williams was in Respondent's office. The project was subsequently approved by FHA as was two additional projects subsequently applied for. Respondent has been a registered real estate broker in Florida for approximately 30 years. Since 1947 he has been engaged in sales, promotion, development, and construction of real property. During this period he has had business dealings with Stockton, Whatley, and Davin, Inc. involving millions of dollars. He enjoys an excellent reputation in the community for his work in community affairs, as well as in business dealings with his associates and others with whom he has been involved. He has never before been convicted of a crime or been involved with a complaint by the Florida Real Estate Commission against his license.
