The Issue Whether Respondent obtained his real estate license by means of misrepresentation or concealment in violation of Section 475.25(1)(m), Florida Statutes, and, if so, what discipline should be imposed.
Findings Of Fact Petitioner is a state licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints pursuant to the laws of the State of Florida, in particular, Chapters 455 and 475, Florida Statutes, and Title 61J2, Florida Administrative Code. Respondent is and, at all times material hereto, was a duly licensed real estate salesperson in the State of Florida. Respondent is now and was at all times material herein actively engaged in major real estate developments and has also operated on behalf of family owned corporations. During the relevant time period, Respondent has not engaged in the general real estate brokerage business. On August 16, 1984, Respondent was found guilty in federal court of one count of knowingly, willfully, and unlawfully participating in the use of extortionate means to collect and attempt to collect an extension of credit in violation of Title 18, United States Code, Section 894. Respondent was sentenced to 18 months in prison and fined $2,000. The incident which gave rise to the conviction occurred in and while the Respondent was a resident of Illinois, and prior to the Respondent's being issued his Florida real estate license. Respondent testified that in 1983 he owned a Chicago nightclub. According to Respondent, during that time period someone owed Respondent a gambling debt in the amount of $36,000. The person who owed the money to Respondent said he would pay the debt. Because the Respondent was leaving town, he asked his wife's uncle to pick up the money. The Respondent indicated, that unknown to him, the uncle used unlawful means in an attempt to collect the funds. It was this collection effort which eventually lead to the Respondent's arrest, not guilty plea, and guilty verdict in 1984. The Respondent moved to Florida and, subsequently, on or about January 19, 1994, he applied to become licensed as a Florida real estate salesperson. The application contained an affidavit which provided in part that "such responses are true and correct, and are as complete as his/her knowledge, information and records permit without any evasions or mental reservations whatsoever." Petitioner's application form contained Question 9 which requested information concerning an applicant's criminal history. In pertinent part the question is as follows: 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? This question applies to any violation of the laws of any municipality, county, state, or nation including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled or pardoned. * * * Your answer to this will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consult with an attorney or the Division of Real Estate. In response to this question, Respondent answered in the negative by marking the "no" box. On April 18, 1994, the State of Florida issued Respondent license #0611142 as a real estate salesperson. On January 10, 1994, Respondent signed the application. By his duly notarized signature, the Respondent swore that all answers and information provided on his application were true, correct, and complete. On or about January 16, 1995, Respondent applied to become licensed as a real estate broker in the State of Florida. Respondent, again, checked "no" to Question 9 on his broker's application as to whether or not he had ever been convicted or found guilty of any crime. Also, Respondent again swore that all answers and information contained in his application to become a real estate broker in the State of Florida were true, correct, and complete. Again, the Respondent's signature was duly notarized. The broker's application was approved for the Petitioner. However, a broker's license was not issued because Respondent failed to pass the state examination required to be licensed as a broker. Respondent testified at the formal hearing that the reason he did not disclose his prior conviction on his real estate applications was that he had spoken to his brother who advised him that matters over 10 years old did not have to be disclosed. Respondent did not consult with an attorney, the Division of Real Estate or anyone else other than his brother about how to answer Question 9 on his real estate application. Respondent's stated justification for checking "no" on his license applications lacked credibility given the clear wording of Question 9 on the application form. The Respondent has had no other incidents of criminal problems. Similarly, there have been no civil judgments involving the Respondent and dishonest dealing. Finally, there have been no prior disciplinary matters against the Respondent. The Respondent has served in the military and was honorably discharged and earned a two-year degree in electronics.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order finding the Respondent guilty of violating Section 475.25(1)(m), Florida Statutes; revoking his real estate license; and imposing a fine of $1000.00. DONE AND ENTERED this 10th day of February, 1998, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this * day of February, 1998. *Filed with the Clerk undated. -ac COPIES FURNISHED: Geoffrey T. Kirk, Senior Attorney Department of Business and Professional Regulation, Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900 Frederick H. Wilsen, Esquire 1415 East Robinson Street, Suite B Orlando, Florida 32801 Henry M. Solares, Division Director Department of Business and Professional Regulation, Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900 July 21, 1999 Henry M. Solares, Division Director Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 Re: Department of Business and Professional Regulation, Division of Real Estate vs. Frank Efstathios Touloumis DOAH Case No. 97-3722 Dear Mr. Solares: Enclosed is the Amended Recommended Order issued in the referenced case. It was issued in order to correct a scrivenners error in page 8 of the original order. Please replace page 1 and page 8 enclosing for pages 1 and 8 oriignally sent to you. Please accept my apologies for any inconvenience this might have caused. Sincerely, CSH/scl Enclosures cc: Geoffrey T. Kirk, Esquire Frederick H. Wilson, Esquire CAROLYN S. HOLIFIELD Administrative Law Judge
Findings Of Fact The Respondents, Ernest Page and Page Realty, Inc. are licensed as real estate brokers in the State of Florida, having been issued license numbers 0187380 and 0223391, respectively. From approximately July 28, 1983, to approximately August 11, 1983, the Respondent, Ernest Page, knowingly obtained or used, or endeavored to obtain or use, certain personal property, including typewriters, copy machines, a television receiver, and a stereo receiver, each of which was valued at $100.00 or more, which was the property of Stewart Hudson or Michael Bethea, with the intent to temporarily or permanently deprive the owners thereof, and to appropriate this property to their own use. The Respondent, Ernest Page, had received and was in possession of property that he knew or had reason to know was stolen. The Administrative Complaint tracked the charging language of the information filed against the Respondent, Ernest Page, in the Circuit Court of the 9th Judicial Circuit of Florida. The Respondent, Ernest Page, was found guilty of six counts of grand theft second degree by a jury on January 31, 1984. He was adjudicated guilty by judgment dated March 28, 1984, of six counts of grand theft second degree, which crimes are punishable as third degree felonies. The Respondent, Ernest Page, was sentenced on March 28, 1985.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that real estate broker's license numbered 0187380 and 0223391, held by the Respondents, Ernest Page and Page Realty, Inc., respectively, be revoked. THIS RECOMMENDED ORDER entered this 31st day of May, 1985, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS 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 May, 1985. COPIES FURNISHED: James H. Gillis, Esquire 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32801 Edward R. Kirkland, Esquire 126 E. Jefferson Street Orlando, Florida 32801 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Harold Huff, Executive Director Department of Professional Regulation 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32802
The Issue Should Petitioner, Ariella Rubinger's, application for a real estate sales associate license be granted.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following Findings of Fact are made: Petitioner is an applicant for licensure as a real estate sales associate. Her application was filed on December 5, 2007. Respondent is the state agency responsible for licensing real estate professionals in the State of Florida and has the statutory authority to approve or deny Petitioner's application. On July 25, 2007, the Broward County, Florida Circuit Court, returned a four-count information charging Petitioner with DUI Manslaughter and Vehicular Homicide. The charges are still pending in Broward County. On May 7, 2008, Respondent denied Petitioner's application for real estate sales associate licensure. The stated reasons listed in the Notice of Intent to Deny are "Unpersuasive Testimony" and "Crimes Recent." In addition, it indicates that the "[a]pplicant is currently facing charges of DUI Manslaughter and Vehicular Homicide in the Broward County Circuit Court."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Ariella Rubinger's, application for licensure be held in abeyance until the prosecution of the crimes pending in Broward County Circuit Court is resolved. DONE AND ENTERED this 22nd day of October, 2008, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of October, 2008. COPIES FURNISHED: Thomas Barnhart, Esquire Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 Kerey Carpenter, Esquire 1551 Sandspur Road Maitland, Florida 32751 S.W. Ellis, Chairman Florida Real Estate Commission Department of Business and Professional Regulation 400 West Robinson Street, Suite 801N Orlando, Florida 32801 Ned Luczynski, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Respondent is a licensed real estate salesman having been issued license number 0200291. He was licensed as a real estate salesman in the employ of broker John Wesley Bridwell at all times material to these proceedings. In early 1982, Respondent came into possession of bank checks totaling $1,275 belonging to his employing broker John Bridwell and which appeared to carry the signature of Bridwell as payor. Respondent deposited these checks in various bank accounts opened and maintained by Respondent. Respondent knew the checks were stolen at the time be deposited the checks into his bank accounts. On August 11, 1982, Respondent was arrested by the Seminole County Sheriff's Department, Sanford, Florida, on the charge of depositing stolen checks with intent to defraud. Respondent confessed to this charge, and on April 15, 1983, adjudication was withheld in the Circuit Court, Seminoles County, Florida, Case No. 32-1250 CFA. Respondent was sentenced to thirty days confinement followed by ten weekends of confinement in the Seminole County Jail, ordered to make restitution of the $1,275, pay fines exceeding $1,500, and perform 200 hours of community service work.
Recommendation From the foregoing, it is RECOMMENDED: That Petitioner enter a Final Order finding Respondent guilty as charged in the three counts of the Administrative Complaint, and revoking his real estate license. DONE and ENTERED this 18th day of January, 1984, in Tallahassee, Florida. R. T. CARPENTER 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 18th day of January, 1984. COPIES FURNISHED: Frederick H. Wilson, Esquire Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Brian D. Rist 3181 Harbado's Ct. Apopka, Florida 32803 Harold Huff, Director Division of Real Estate Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Fred M. Roche, Secretary Department of professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact On September 21, 1979, the Petitioner completed his application for registration as a real estate salesman. The application was received by the Board on September 23, 1979. The application contains the following question: (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? Petitioner's arrest record reflects that he was involved in two incidents with the law. The first occurred on April 25, 1975, when he was arrested on two charges, robbery of a business and assault with intent to commit a felony. The second incident occurred on December 6, 1977, and resulted in arrests for amphetamine possession, resisting arrest with violence, criminal mischief, aggravated assault and possession of a concealed firearm. The second incident resulted from a domestic dispute between Petitioner and his former wife. No indictment was returned or information filed as to the arrests which resulted from the April 25, 1975, incident. The December 6, 1977, incident resulted in a conviction on the resisting arrest charge. No indictment was returned or information filed on the remaining charges. In his application, Petitioner responded to question six (6), as set forth above, by stating that he was involved in two criminal episodes. However, as to the second set of charges, Petitioner failed to fully state those offenses which he had been arrested for or charged with. It was Petitioner's understanding that the arrests which did not result in charges being filed were not required to he listed. Petitioner reached this conclusion after consulting a real estate instructor at the real estate school he attended in preparation for the exam. Additionally, Petitioner was confused regarding the legal status of the second set of charges. Due to the above circumstances, Petitioner unintentionally failed to fully disclose his prior arrest record. The fact that his arrests for the 1975 incident were fully disclosed while the 1977 arrests were not, supports this finding in that the disclosed 1975 arrests involved potentially more serious charges. Petitioner has not been involved with the law since the 1977 incident, has since remarried and as evidenced by character letters and testimony, presently holds and has held two responsible jobs in the Orlando area. (Petitioner Exhibit 1-4)
Recommendation It is, therefore RECOMMENDED: That Petitioner be given leave to immediately file a new application showing that he meets the qualifications for registration as a real estate salesman. DONE and ORDERED this 28th day of May, 1980, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Randy Schwartz, Esquire Assistant Attorney General The Capitol Tallahassee, Florida 32301 Ken Oertel, Esquire General Counsel Department of professional Regulation-Legal Section 2009 Apalachee Parkway Tallahassee, Florida 32301 William M. Stern, Esquire SHADES & STERN, P.A. Suite 510, 151 Wymore Road Altamonte Springs, Florida 32701 C. B. Stafford, Executive Director Florida Board of Real Estate 400 West Robinson Post Office Box 1900 Orlando, Florida 32801
Findings Of Fact Petitioner, Ellyn Schechter, who is thirty-two years of age, made application on October 14, 1985 for licensure as a real estate salesman by examination with respondent, Department of Professional Regulation, Division of Real Estate (Division). Question six on the application requires the applicant to state whether he or she "has ever been convicted of a crime, found guilty, or entered a plea of nolo contendere (no contest), even if adjudication was withheld". Petitioner gave the following response: "Yes, resist arrest w/o violence, possession cocaine." Applicant's attorney provided letter and documents attached, FDLE report lists an arrest 6-30-84 possess cocaine, narcotic equipment, tuinal (drug) - no dis- position. According to documents furnished, resisting arrest charges resulted in 1 yrs. probation effective July 10, 1984, fines and "community service hours; arrest reference drugs - withheld adj., 2 years community control, 1 year probation effective Nov. 9, 1984, 6 special conditions, concurrent. A background check by the Division revealed that Schechter was arrested and charged with three counts of resisting arrest without violence in Broward County in 1984. After pleading guilty to all three counts, the court withheld adjudication and placed Schechter on probation for one year. In addition, petitioner was also arrested and charged in Broward County in 1984 with possession of cocaine, possession of a barbiturate, and possession of drug paraphernalia . She pled guilty to the first and second charges. The third charge was dismissed. The court withheld adjudication, and sentenced petitioner to two years community control followed by one year of probation, 100 hours community service, drug evaluation and/or treatment as deemed appropriate, $1,000 court costs, and a requirement that she abstain from alcohol and drugs for three years. She satisfactorily completed her probation and community control in January, 1986. There is no evidence of any arrests or other problems since 1984. Schechter is a licensed dental hygienist and holds licenses to practice that profession in both Florida and New York. Due to a hand injury, she is no longer able to pursue that vocation. She desires to be licensed as a real estate salesman, and successfully completed the pre-examination course in October, 1985 with a score of 96. She was also offered a job at that time with Century 21 Rainbow Realty, Inc. in Plantation, Florida. At the present time, she is working as a waitress in a Fort Lauderdale area restaurant. Her employer described her as being honest, courteous and dependable, and stated that she handled his money in a responsible manner. Schechter also furnished letters from four former employers to corroborate the testimony concerning her honesty and trustworthiness. However, they all predate her 1984 convictions. Schechter freely acknowledged her prior difficulties, and was candid and forthright in answering all questions about her arrests. She stated the arrest for drugs stemmed from a passenger in her automobile having drugs in his possession. The charge of resisting arrest without violence occurred after Schechter was arrested in her home by two City of Hollywood police officers. They had apparently responded to a disturbance involving Schechter and a female guest. According to Schechter, the arrest was unjustified, and resulted in her receiving a beating from one of the officers which caused her to be hospitalized for four days.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that petitioner's application for licensure by examination be granted. DONE and ORDERED this 10th day of December, 1986 in Tallahassee, Leon County, 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 10th day of December, 1986. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 86-1421 Respondent: Covered in finding of fact 1. Covered in finding of fact 2. Covered in finding of fact 2. Covered in finding of fact 2. Covered in finding of fact 2. Covered in finding of fact 2. Covered in finding of fact 2. Covered in finding of fact 5. Covered in finding of fact 5. Covered in finding of fact 5. COPIES FURNISHED: Ida M. Lawry, Esquire 621 South Federal Highway Suite 4 Ft. Lauderdale, Florida 33301 Lawrence S. Gendzier, Esquire 400 West Robinson Street Suite 212 Orlando, Florida 32801 Harold Huff Director Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Wings S. Benton, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Respondent is a licensed real estate salesman. He has held Florida license number 0046313 at all times relevant to these proceedings. On February 2, 1979, in the Circuit Court of the Fifteenth Judicial Circuit (Florida), Respondent was adjudicated guilty on three counts of failure to register as a securities salesman and three counts of failure to register securities, under Sections 517.03, 517.07, 517.12 and 517.302, F.S. (1973). He was sentenced to five years imprisonment.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Petitioner enter a final order dismissing the Administrative Complaint. DONE AND ENTERED this 18th day of February, 1982, in Tallahassee, Florida. R. T. CARPENTER 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 18th day of February, 1982.
The Issue The issue in this case is whether Respondent violated Section 475.25(1)(b), Florida Statutes (1995) (hereinafter, "Florida Statues"), by engaging in dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any business transaction.
Findings Of Fact Petitioner is the state agency responsible for regulating the practice of real estate. Respondent is licensed as a real estate sales person pursuant to license number 0590475. Respondent was last licensed as an inactive sales person located at 6752 Longmeade Lane, Orlando, Florida 32822. In 1993, Mr. Efrain and Mrs. Luz Rivera (the "Riveras") approached Respondent to represent them in purchasing a house. Respondent agreed to represent the Riveras as a buyer's agent. The Riveras are not related to Respondent. While Respondent was representing the Riveras as a buyer's agent, Respondent asked the Riveras for a loan. Respondent wanted the loan to assist him in the establishment and publication of a real estate magazine entitled, La Casa. Respondent had gained the Riveras' trust while representing them as their real estate agent. The Riveras loaned Respondent $2,500 from the money they needed for a down payment on the house they sought to purchase. Respondent published La Casa for a brief period. Then the business closed. Respondent paid the Riveras $250 as a partial payment on the loan. Respondent has not paid the Riveras any other amounts. The Riveras were unable to purchase a house without the $2,500 they loaned to Respondent. In January 1995, the Riveras filed suit to recover the money they loaned Respondent. The court entered a final judgment of $3,598.98. Respondent has not satisfied any portion of the final judgment against him.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission enter a Final Order finding Respondent guilty of violating Section 475.25(1)(b) and suspending Respondent's license for three years from the date of this Recommended Order.RECOMMENDED this 5th day of May, 1997, in Tallahassee, Florida. COPIES FURNISHED: Henry M. Solares, Director Department of Business and Professional Regulation Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802-1900 DANIEL MANRY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 5th day of May, 1997. Lynda Goodgame, General Counsel Department of Business and Professional Regulation Northwood Center 1940 North Monroe Street Tallahassee, Florida 32399-0792 Daniel Villazon, Esquire Department of Business and Professional Regulation Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Jorge Rivera, Jr., pro se 6752 Longmeade Lane Orlando, Florida 32822
Findings Of Fact The Respondent, John L. Nuccitelli, is a licensed real estate broker, having been issued License Number 0064764, and he was so licensed at all times material to the issue in this proceeding. On August 20, 1979, an arrest warrant was issued in Lancaster County, South Carolina, directing that the Respondent be arrested on the charge of possession of marijuana with intent to distribute, in that he flew into the Lancaster County Airport in a Douglas DC4 four engine aircraft with approximately 131 bales of marijuana. The Respondent was subsequently indicted for this offense, and on December 4, 1979, he was found guilty in the Court of General Sessions in and for Lancaster County, South Carolina, of the crime as charged. Thereafter, the Respondent was sentenced to imprisonment for a term of five years, and a fine of $5,000, with the provision that the prison term would be reduced to probation for five years upon payment of the $5,000 fine. On July 29, 1982, the Respondent having paid the fine imposed and having fulfilled the conditions of his probation, the Court entered its Order relieving the Respondent from the sentence previously imposed, and discharging him from further probation. The Respondent had not been involved with the law prior to the incident in question, and has not been so involved since this incident. He realizes that he made a serious mistake, one which has adversely affected both himself and his family. He is the sole support of his wife and five children, and he has only done work in the real estate field since leaving the Air Force. The Respondent and his wife have been married eight years. They have two children of their own, and three children by a prior marriage. The Respondent is a caring husband and father. He is trusted by those persons in the community who know him.
Recommendation From the foregoing findings of fact and conclusions of law, it is RECOMMENDED that License No. 0064764 held by the Respondent, John L. Nuccitelli, be REVOKED. THIS RECOMMENDED ORDER entered on this 1st day of November, 1982. WILLIAM B. THOMAS, 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 1st day of November, 1982. COPIES FURNISHED: John L. Huskins, Esquire Department of Professional Regulation - Legal Section Post Office Box 1900 Orlando, Florida 32802 Richard J.R. Parkinson, Esquire 603 East Central Boulevard Orlando, Florida 32801 William M. Furlow, Esquire Department of Professional Regulation - Legal Section Post Office Box 1900 Orlando, Florida 32802 Carlos B. Stafford, Executive Director Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue The issue for determination is whether Petitioner's application for licensure as a real estate sales associate should be granted.
Findings Of Fact On or about February 9, 2005, Ms. Gonzalez made application (Application) to the Division of Real Estate for a real estate sales associate license. At the time of the application, she was 50 years of age and was 51 years of age at the time of hearing. The Application contains a "Background Information" section, which poses several questions. Question 1 provides in pertinent part: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest) to, even if you received a withhold of adjudication? This question applies to any violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. . . . Ms. Gonzalez responded yes to Question 1. She disclosed that, in 1992, she was charged with credit card fraud in another state and the disposition was a fine; that on January 22, 1993, she was charged with conspiracy to distribute cocaine and failure to appear, and the disposition was 108 months in prison for the conspiracy and 21 months for the failure to appear to run consecutively with the 108-month sentence; and that on July 20, 1994, she was charged with conspiracy to distribute cocaine and the disposition was 121 months in prison, with this charge and the former charge running concurrently. Ms. Gonzalez does not know if the credit card fraud was a felony but admits that the other two crimes were felonies. Ms. Gonzalez admits that she pled guilty to her crimes and accepts full responsibility for her actions. At hearing, Ms. Gonzalez testified that her troubles began in 1993 when her husband was involved in a tragic car accident, which left him in a vegetative state. She experienced financial difficulty and suffered emotionally, resulting in her making poor decisions. Furthermore, Ms. Gonzalez disclosed that she served a total of eight years and two months in prison for the conspiracy charge of July 20, 1994. No disciplinary actions were taken against her during her time in prison, and she took courses to improve herself. Ms. Gonzalez was released from federal prison in April 2004. She is currently on supervised released for the conspiracy charge of January 22, 1993, and has three years remaining on her supervised probation. Her probation officer is aware of her application for licensure as a real estate sales associate and supports her licensure. As a term of her probation, Ms. Gonzalez is required to perform community service hours, which she does by working with handicapped children. She finds working with the children rewarding and intends to continue working with them when her community service hours have been completed. Ms. Gonzalez is currently working in the mortgage business as a mortgage loan processor and has been for the past two years. She is in a position of trust and interacts with the public on a daily basis.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional, Division of Real Estate enter a final order denying the application of Lilia A. Gonzalez for licensure as a real estate sales associate. DONE AND ENTERED this 6th day of July, 2006, in Tallahassee, Leon County, Florida. S ERROL H. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of July, 2006. COPIES FURNISHED: Daniel Villazon, Esquire Daniel Villazon, P.A. 1020 Verona Street Kissimmee, Florida 34741 Thomas Barnhart, Esquire Department of Legal Affairs The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 Monroe Street Tallahassee, Florida 32399-0792 Michael E. Murphy, Director Division of Real Estate 400 West Robinson Street Suite 802, North Orlando, Florida 32801
