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 Charles A. Pantino's application for licensure as a real estate salesman. RECOMMENDED this 29th day of October, 1980, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9673 Filed with the Clerk of the Division of Administrative Hearings this 29th day of October, 1984.
Findings Of Fact The alleged acts here complained of occurred during the months of May through June, 1974. Certifications received during the course of this hearing revealed that Defendant, Robert Saltzman, broker, and Randolph E. Kout, salesman, are registrants with the Commission. (See Florida Real Estate Commission's Exhibits 3 and 4.) Evidence reveals further that Southern Realty Resale, Inc., is a corporate real estate broker (presently delinquent) and was such, during times material to the allegations filed herein. (See Florida Real Estate Commission Exhibit number 5.) Ronald Myers, the Commission's Investigator, conducted an investigation of the Defendant's operation, based on a complaint received during March, 1975, from David W. Peterson of Wisconsin. During the investigation, Myers spoke to Saltzman who advised that his employee complement consisted of salesmen Randolph E. Kout and Ronald P. Morgan. Saltzman, according to Myers, operated the business during March through June of 1974 for the purpose of selling local properties to out of state owners. Myers testified that Saltzman admitted to having received advance fees for which he intended to list the properties with National Multiple Listing Services of Fort Lauderdale, Florida. Saltzman advised Myers that the monies received were spent on office expenses, sales, commissions, etc. During approximately June of 1974, Southern Realty Resale, Inc. went bankrupt. To carry on this business, the Defendant corporation sent out cover letters to prospective property owners in an effort to obtain an advance fee (See, for example, Florida Real Estate Commission Exhibit number 1). In that letter, the representation was made that the corporation had been in business for approximately fifteen years when, in actuality, the business had only been operational for approximately three months. Harris Small, Jr., Vice President of National Multiple Listings of Fort Lauderdale, testified that the listing service is one that prints and distributes listings for real estate brokers on a nationwide basis. Mr. Small checked National Multiple Listings' file and found no evidence that Southern Realty Resale, Inc., had utilized the listing service to disseminate listings. According to Small, the fee averages $15.00 for a local listing in one county, to thousands of dollars to list a property nationwide. Myers was recalled and testified that Saltzman advised during his investigation that he advised prospective listers that he would research the property to determine if any defects exist and that if none existed, the property would be put up for sale on the National Multiple Listing Services. The Commission introduced copies of the corporation's banking account which revealed that the firm's account was open by an initial deposit of $1,000.00 and that thereafter several deposits and checks were received during the course of this operation, however, it suffices to say that they are not at all instructional or enlightening to resolve any of the issues posed herein. Subsequent to June of 1974, there was no evidence introduced of any brokerage activity having been conducted by the Defendants.
Recommendation 1. That the administrative complaint filed herein be dismissed as it relates to Defendants Randolph E. Kout, Robert C Saltzman and Southern Realty Resale, Inc. DONE and ENTERED this 4th day of March, 1977 in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: John Buskins, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Hylan H. Kout, Esquire 420 Lincoln Road Miami Beach, Florida 33139 Gus Efthimiou, Jr., Esquire Alfred I. Dupont Building Suite 207 Miami, Florida 33131
Findings Of Fact Respondent, Richard C. Lightner, was at all times material hereto a licensed real estate broker in the State of Florida having been issued license number 0408120. The last license issued to Respondent was as a broker, with a home address of 1221 Duval Street, Key West, Florida 32040. Respondent, or a representative on his behalf, did not appear at the hearing to refute or otherwise contest the allegations contained in the Administrative Complaint.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: The Department enter a Final Order revoking Respondent's Real Estate brokers license. DONE and RECOMMENDED this 29th day of July, 1988, 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 4th day of August, 1988. COPIES FURNISHED: James H. Gillis, Esquire Department of Professional Regulation, Division of Real Estate 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32802 Raymond O. Bodiford, Esquire 515 Whitehead Street Key West, Florida 33040 Darlene F. Keller, Executive Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32802 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= FLORIDA STATE OF FLORIDA DEPARTMENT OF PROFESSIONAL REGULATION REAL ESTATE COMMISSION DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE Petitioner vs. Case No. 0154510 DOAH No. 87-3668 RICHARD C. LIGHTNER III Respondent /
The Issue Whether or not the Respondent, William J. Windsor, should have his real estate license no. 0158593 revoked or suspended, or otherwise subject to discipline, for the answers given to question six in the application of the Respondent, William J. Windsor, for registration as a real estate salesman filed with the Petitioner, Florida Real Estate Commission, which answer allegedly caused the Respondent, William J. Windsor, to obtain his registration by means of fraud, misrepresentation and concealment, in violation of 475.25(2), F.S.; and further for allegedly failing to fully and accurately answer inquires pertinent to his qualifications of honesty, truthfulness, trustworthiness, good character and good reputation for fair dealing as propounded, and is required by 475.17 and 475.18, F.S. and would therefore be guilty of violations of 475.25(1)(d), F.S. Whether or not the Respondent, William J. Windsor, should have his real estate license no. 0158593 revoked or suspended, or otherwise subject to discipline, for the answers given to question 15(a) in the application of the Respondent, William J. Windsor, for registration as a real estate salesman filed with the Petitioner, Florida Real Estate Commission, which answer allegedly caused the Respondent, William J. Windsor, to obtain his registration by means of fraud, misrepresentation and concealment, in violation of 475.25(2), F.S.; and further for allegedly failing to fully and accurately answer inquires pertinent to his qualifications of honesty, truthfulness, trustworthiness, good character and good reputation for fair dealing as propounded, and is required by and 475.18, F.S. and would therefore be guilty of violations of 475.25(1)(d) , F.S.
Findings Of Fact The Respondent, William J. Windsor, is now and at all times material to the complaint was a registered real estate salesman with the Florida Real Estate Commission and is and was so operating and registered in the employ of Watson Corporation of Jacksonville, 6206 Atlantic Boulevard, Jacksonville Florida. The application of the Respondent, William J. Windsor, for registration as a real estate salesman was subscribed and sworn to on January 14, 1976, and filed with the Florida Real Estate Commission on January 15, 1976. The Florida Real Estate Commission approved the application for William J. Windsor to become a real estate salesman on February 3, 1976. The application for registration as a real estate salesman contained within it a question no. 6 which provides 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 offences (but not parking, speeding, inspection or signal violations), without regard to whether convicted, sentenced, pardoned or paroled?" The Respondent, William J. Windsor, answered this question no.6 in the negative by placing the word "no" in the space provided. At the time of the execution of this application, the Respondent, William J. Windsor, knew or should have known that his answer to question six was false and untrue since he had failed to disclose and explain certain charges and arrests. The first matter was an arrest on September 11, 1973, by the Sheriff's office of St. Johns County, Florida under dockets no. 73-626, 73-626A and 73- 626B, three charges of the offense of "issuing a worthless check". The Respondent, William J. Windsor, also failed to reveal an arrest of October l8, 1973, by the Sheriff's office, St. Johns County, Florida, case no. 121992, on a charge of "contempt of court". The Respondent, William J. Windsor, did not reveal an arrest on October 19, 1973, by the Sheriff's Office, Polk County, Florida, on charges of "embezzlement-misapplication of funds, making false reports and furnishing false statements". The Respondent, William J. Windsor, failed to reveal in his answer to question six, that an order was entered which withheld the adjudication of guilt and placed the Respondent, William J. Windsor, on probation for a period of five (5) years', and an order of restitution after he had entered a plea of nolle contendre to the offense of misapplication of funds (five counts), case no. CF-73-2357, Circuit Court, Florida, May 1, 1974, in the Circuit Court of the Tenth Judicial Circuit in and for Polk County. This plea was entered as an agent, officer, an employee of Mar-Bil Enterprises, Inc. The probation that was received was modified by orders of the committing court and a copy of those orders, whose contents are admitted as fact, may be found as Petitioner's Exhibits #1 & #2. In the subject application for registration as a real estate salesman, William J. Windsor, the Respondent, answered a question no. 15(a) which question provided as follows: "15(a). Has any license, registration, or permit to practice any regulated profession, occupation or vocation been revoked, annulled or suspended in this or any other state, province, district, territory, procession or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending?" The Respondent, William J. Windsor, answered this question 15(a) with the word "no", inserted in the place provided for response. At the time the Respondent, William J. Windsor, gave the answer to question 15(a), he knew or should have known that the answer was false and untrue since he had failed to reveal, disclose and fully explain the revocation of his contractor's license (RG- 00l2898) on January 8, 1975, by the Florida Construction Industry Licensing Board pursuant to Respondent-licensee, William J. Windsor, having pled guilty to eleven (11) charges of violation of 468.112, F.S., at a formal hearing held on December 20, 1974, Hillsborough County Courthouse, Tampa, Florida. A copy of the notice of revocation of the Respondents license held with the Florida Construction Industry Licensing Board, is Petitioner's Exhibit #3, admitted into evidence and accepted as fact. The date of this letter of notification is January 29, 1975. The Respondent, William J. Windsor, tried to explain his failure to answer questions 6 and 15(a) above, by stating that he had made numerous inquires of the Florida Real Estate Commission about the possibility of being granted a real estate salesman's license in view of his plea of nolle contendre and probation for the aforementioned offenses. The summary of the contact with the Florida Real Estate Commission, put concisely, would be that the Real Estate Commission did not foreclose the possibility of the Respondent being granted a real estate salesman's license; however, no one in the Florida Real Estate Commission office indicated that the Respondent would not be required to answer questions 6 and 15(a) completely. Respondent's Exhibit #1 is a copy of a letter of May 30, 1975, from the probation officer of the Respondent, addressed to the Florida Real Estate Commission This letter concerns the possibility of Respondent, William J. Windsor, obtaining a real estate salesman's license, and is a part of the contact which the Respondent had with the Florida Real Estate Commission.
Recommendation It is recommended that the registration of the Respondent, William J. Windsor, as a real estate salesman, license no. 0158593, be revoked. DONE AND ORDERED this 16th day of March, 1977, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Frederick H. Wilsen, Esquire 2699 Lee Road Winter Park, Florida 32789 William J. Windsor c/o Warson Corporation of Jacksonville 6206 Atlantic Boulevard Jacksonville, Florida Joseph C. Black, Esquire 1106 Blackstone Building Jacksonville, Florida 32202
Findings Of Fact Upon consideration of the relevant oral and documentary evidence adduced at the hearing, the following facts are found: The petitioner is a real estate salesman registered with the Florida Real Estate Commission. In September of 1978, petitioner submitted an application to the Florida Real Estate Commission for registration as a real estate broker. By an Order dated December 4, 1978, the respondent denied the application for the reason that the applicant had not made it affirmatively appear that he possessed the necessary qualifications under F.S. 475.17. Specifically, the Commission found "That it appears to the Commission that Salesman Dunkum signed Broker Wallace W. Staff's name as a witness to Dunkum's signature on a contract offer to purchase real estate without authorization. In addition, Salesman Dunkum signed Broker Staff's name to a listing agreement without authorization." The petitioner timely requested an administrative hearing on the denial of his application and the undersigned Hearing Officer was duly designated to conduct the proceedings. The petitioner Dunkum admits that he did sign broker Staff's name as a witness to his own signature on a contract for the sale of real estate. Mr. Dunkum has been a notary public for approximately fifteen years and was aware that he should not have signed Staff's name as a witness. Petitioner was the purchaser under the contract and did in fact purchase the real estate. Thus, neither the purchaser nor the seller was harmed by the wrongdoing. The petitioner further admits that he did sign broker Staff's name to a listing agreement. He admits that he was wrong to sign Staff's name, without adding his initials or name under the signature. Petitioner believed he had the authority to sign Staff's name to listing agreements in Staff's absence. Mr. Staff testified that he never gave petitioner authority to sign his name and that all listings were to be under his signature. Mr. Staff was aware that petitioner had signed his name on documents prior to September of 1978. Nevertheless, on September 18, 1978, Mr. Staff entered into a three year independent contractor agreement with petitioner.
Recommendation Based upon the findings of fact and conclusions of law recited above, it is RECOMMENDED that the petitioner's application for registration as a real estate broker be DENIED, but that petitioner be permitted to submit another application for registration nine (9) months after the Order of the Commission dated December 4, 1978. Respectfully submitted and entered this 30th day of March, 1979, in Tallahassee, Florida. DIANE D. TREMOR Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Kenneth M. Meer Staff Counsel Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32802 Rupert E. Dunkum 5900 94th Avenue Pinellas Park, Florida 32802
Recommendation Deny the application of Petitioner for Registration as a salesman for the Florida Real Estate Commission. DONE and ENTERED this 6th day of December, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building MAIL: 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Manuel E. Oliver, Esquire Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Dwaine Eugene Spann Route 2, Box 376S Sarasota, Florida 33582
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 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.
Findings Of Fact While in Puerto Rico, in 1971, the Respondent was charged with violation of Article 29, Drug and Narcotics Law, which charges were brought in the Superior Court of Puerto Rico, Court of Aguadilla. These case numbers were information numbers, G-71-54 and G-71-55. These charges were made on March 9, 1971 for alleged offenses which were committed on February 16, 1971. The information which shows these case numbers can be found in Petitioner's Exhibit "D", admitted into evidence. On March 10, 1971, the Respondent was found guilty of the offenses charged in cases G-71-54 and G-71-55. The record shows that in case no. G-71-54, the Respondent was convicted by a judgement entered on March 10, 1971. On April 14, 1971, in case number G-71-54 and case number G-71-55 the Superior Court, of Puerto Rico, Court of Aguadilla, sentenced the Respondent to a term of five to eight years in prison by confinement at hard labor, which sentences were suspended. By such suspension, the Respondent was committed to the legal custody of the court until the expiration of the maximum term of the sentence under certain general conditions for the Respondent's conduct, and was given a special condition that he contact the Florida Parole and Probation Commission, District Office, at Room 180, Courthouse, Ft. Lauderdale, Florida. The judgement in case number G-71-54 and the conditions of sentence may be found in Petitioner's Exhibit "F", admitted into evidence. The judgement in case number G-71-55 may be found in Petitioner's Exhibit "E" admitted into evidence. On September 16, 1973, the Respondent completed an application for registration as a real estate salesman with the Florida Real Estate Commission, which application was completed under oath. Within that application for registration is found a question number "9". This question reads 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 judgement has been reversed or set aside or not, or pardon or parole granted?" to which the Respondent replied, "yes". Question nine further stated, "if yes state details in full", to which the Respondent replied, "(see attached statement)". The attachment spoken of is found in the Petitioner's Exhibit "C", and this attachment sets forth the Respondent's explanation of his answer to the initial part of question nine. Subsequent to the completion of the form the Respondent was registered with the Florida Real Estate Commission as a real estate salesman, from February 21, 1974 through March 31, 1975. From May 8, 1975, up to, and including March 31, 1975, the Respondent has been accepted as a registrant, non-active real estate salesman.
Recommendation It is recommended that the Respondent be released from accountability under the charge found in the subject administrative complaint. DONE and ENTERED this 20th day of July, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Louis B. Guttmann, III, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Charles Lawrence Ross 3789 Southwest 41st Street Hollywood, Florida 33023
