The Issue The issue in this case is whether Respondent violated Section 475.25(1)(m), Florida Statutes (1995) (hereinafter, "Florida Statues"), by obtaining his real estate license by means of fraud, misrepresentation, or concealment.
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 0626375. Respondent was last licensed as a sales person with a non- licensed owner located at 1510 Noble Street, Longwood, Florida 32750. Respondent submitted an application for license dated April 4, 1995. Question 9 on the application asked the applicant whether or not he or she has: . . . ever been convicted of a crime, found guilty, or entered a plea of nolo contendere . . ., even if adjudication was withheld. This question applies to any violation of the laws of any municipality, county, state, or nation. . . . Respondent answered "yes" to question 9. Under the section of question 9 that requires an applicant who answers yes to explain the answer, Respondent disclosed that he had been arrested for driving under the influence and that the matter was pending. Respondent did not disclose that he had any other criminal history. On August 20, 1987, Respondent pled nolo contendere to a charge of criminal mischief. He was placed on probation for one year. On May 11, 1979, Respondent was adjudicated guilty of the charge of indecent exposure. He was sentenced to jail for 15 days, ordered to attend counseling, and placed on probation. Respondent attested to the veracity of his answers to the questions in the application, including his responses to question 9. His signature was properly notarized. Respondent's failure to disclose his prior criminal history was a reckless or careless disregard of the truth of the matters asserted in Respondent's response to question 9. Respondent knew or should have known that his failure to disclose his prior criminal history was a material misstatement of fact. Petitioner relied on Respondent's sworn responses in his application when Petitioner issued a license to Respondent on June 16, 1995. One of the purposes of question 9 is to assist Respondent in assessing an applicant's propensity for honesty, trustworthiness, and good moral character. In relevant part, Section 475.17(1)(a) requires a licensee such as Respondent to be honest, truthful, trustworthy, and of good moral character.
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)(m), revoking Respondent's license, and imposing an administrative fine in the amount of $1,000. DONE AND ENTERED this 6th day of May, 1998, in Tallahassee, Leon County, Florida. DANIEL MANRY 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 6th day of May, 1998. COPIES FURNISHED: Henry M. Solares, Division Director Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802-1900 Lynda Goodgame General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Geoffrey T. Kirk, Esquire Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Jeffrey H. Stewart, pro se 1510 Noble Street Longwood, Florida 32750
The Issue Whether Respondent committed the violations alleged in the Administrative Complaint? If so, what disciplinary action should be taken against him?
Findings Of Fact Based upon the evidence adduced at hearing, admissions made by Respondent, and the record as a whole, the following Findings of Fact are made: The Department is a state government licensing and regulatory agency. Respondent is now, and has been at all times material to the instant case, a licensed real estate broker in the State of Florida. He holds license number 0265883. In March of 1990, Ulrich Wingens, by and through his attorney, Charles Burns, entered into a written contract to purchase from Jupiter Bay Shoppes Ltd. (hereinafter referred to as "JBS") certain commercial property located in Palm Beach County. Respondent brokered the sale. The sale contract provided that JBS was responsible for payment of Respondent's broker's fee of $50,000.00 and that such compensation was to "[t]o be due and payable only if closing occur[red]." Respondent received a $20,000.00 earnest money deposit from Wingens in connection with the sale. The sale contract provided that the $20,000.00 was to be held in the Jim Towns Realty escrow account. The sale did not close. Litigation between Wingens and JBS ensued. During the pendency of the litigation, the parties instructed Respondent to continue to hold Wingens' $20,000.00 earnest money deposit in escrow until they advised him to do otherwise. Wingens and JBS settled their dispute before the case was scheduled to go to trial. On November 14, 1991, the judge assigned to the case, Palm Beach County Circuit Court Judge Edward H. Fine, entered an order directing Respondent "to immediately transfer to Fleming, Haile & Shaw, P.A. Trust Account the escrow deposit in the amount of $20,000.00 and any accrued interest thereon." Respondent did not comply with the order. He had appropriated the $20,000.00 for his own personal use and benefit and was not holding it in escrow. This was contrary to the instructions he had received from Wingens and JBS. At no time had Wingens or JBS authorized Respondent to take such action. Wingens' attorney, Burns, brought the matter to the attention of the Department. The Department assigned one of its investigators, Terry Giles, to the case. As part of her investigation, Giles interviewed Respondent. During the interview, Respondent admitted to Giles that he had closed his real estate office in October of 1991 and had not at any time prior to the interview notified the Department of the closure. At the time he closed his office, Respondent's real estate broker's license was still in active status.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law it is hereby recommended that the Commission enter a final order finding Respondent guilty of the violations alleged in Counts I, II, III and IV of the Administrative Complaint and revoking his real estate broker's license. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 16th day of August, 1993. STUART M. LERNER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of August, 1993. APPENDIX TO RECOMMENDED ORDER, CASE IN CASE NO. 93-1315 The following are the Hearing Officer's specific rulings on the "findings of facts" proposed by the Department in its post-hearing submittal: Accepted as true and incorporated in substance, although not necessarily repeated verbatim, in this Recommended Order. First sentence: Accepted as true and incorporated in substance; Second sentence: Accepted as true, but not incorporated because it would add only unnecessary detail to the factual findings made by the Hearing Officer. 3-13. Accepted as true and incorporated in substance. 14-15. Accepted as true, but not incorporated because they would add only unnecessary detail to the factual findings made by the Hearing Officer. Accepted as true and incorporated in substance. Accepted as true, but not incorporated because it would add only unnecessary detail to the factual findings made by the Hearing Officer. Accepted as true and incorporated in substance. COPIES FURNISHED: Janine B. Myrick, Esquire Senior Attorney Department of Business and Professional Regulation, Division of Real Estate Legal Section, Suite N 308 Hurston Building, North Tower 400 West Robinson Street Orlando, Florida 32801-1772 Mr. James C. Towns 7101 Smoke Ranch Road #1007 Las Vegas, Nevada 89128 Darlene F. Keller, Division Director Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802-1900 Jack McRay, Esquire General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact According to petitioner's uncontroverted testimony, he signed the notarized application for licensure as a real estate salesman, dated March 30, 1983, and gave the otherwise blank form, along with a separate piece of paper on which he had written answers to questions appearing on the form, to an employee of a real estate school he attended. The form was to be completed and mailed without his seeing it again; this was customary, he explained. On the separate piece of paper, he wrote answers to every question but number six, which asks: 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? Respondent's Exhibit No. 10. An anonymous typist supplied the word "no," and typed "NA" in the blank following the instructions, "If yes, state details including the outcome in full." Respondent's Exhibit No. 10. In fact, petitioner was arrested on January 29, 1971, and subsequently convicted for failure to appear in court on traffic charges in Pensacola. On October 28, 1976, petitioner was arrested on bad check charges. He pleaded guilty and was convicted on two counts on November 12, 1976. Respondent's Exhibit No. 1. On January 10, 1977, petitioner was convicted of seven additional counts of "worthless checks." Respondent's Exhibit No. 2. Later the same month, also in Pensacola, he was adjudicated guilty of another such offense. Respondent's Exhibit No. 3. Petitioner's next brush with the law was his apprehension and, in Pensacola, on May 11, 1978, conviction for indecent exposure. Respondent's Exhibit No. 4. On October 10, 1978, petitioner failed to appear for a trial scheduled on still another bad check charge. As a result, he was adjudicated guilty of contempt of the County Court of Escambia County. Respondent's Exhibit No. 5. At the hearing in the present proceedings, he first testified that he had not been adjudicated guilty of this charge, then said that this conviction was reversed on appeal. In giving this second version of events, petitioner recounted a highly improbable appellate hearing. He described in detail being present at oral argument on the appeal before a panel of three circuit judges, whom he named, and reported that his lawyer argued for reversal against the county judge who appeared in person to argue for affirmance of the contempt conviction. On April 9, 1979, petitioner was convicted of five counts of making and utilizing forged instruments. Respondent's Exhibit No. 7. These instruments purported to be checks drawn on his grandmother's account. Probation imposed on account of earlier charges was revoked at the same time. In addition, he was adjudicated guilty of writing numerous bad checks. Respondent's Exhibit 9. On this as on other occasions, he spent time in jail. He never spent more than four months in jail at one stretch, however. He was convicted in Pensacola on May 20, 1981, of writing two more checks against insufficient funds, each for $500. Petitioner claimed to be current on his child support payments and testified that he thinks he is honest and honorable. Before counsel for respondent produced the court records at hearing, petitioner, while under oath, misrepresented his criminal record in various respects. Petitioner's civil rights, except for the right to bear arms, were restored administratively on September 23, 1982. The second time he applied for licensure as a real estate salesman, petitioner answered question six more candidly. Both parties made posthearing submissions. Proposed findings of fact have been considered and adopted, in substance, for the most part. Proposed fact findings have been rejected where unsupported by the evidence, immaterial, subordinate or cumulative.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That respondent deny petitioner's application for licensure as a real estate salesman. DONE and ENTERED this 8th day of December, 1983, in Tallahassee, Florida. ROBERT T. BENTON II 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 8th day of December, 1983. COPIES FURNISHED: Lawrence S. Gendzier, Esquire Assistant Attorney General Room 212, 400 West Robinson Street Orlando, Florida 32801 Douglas Michael Burleson Post Office Box 18045 Pensacola, Florida 32523 Randy Schwartz 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 Harold Huff, Executive Director Division of Real Estate Post Office Box 1900 Orlando, Florida 32802
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violating Subsection 475.25(1)(f), Florida Statutes, and that Respondent's real estate broker license be suspended for a period of six months. DONE and ENTERED this 12th day of November, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of November, 1982.
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
The Issue The central issue in this case is whether Respondent is guilty of the violations alleged in the administrative complaint dated June 21, 1990; and, if so, what penalty should be imposed.
Findings Of Fact Based upon the stipulation of the parties, the testimony of the witness, and the documentary evidence received at the hearing, the following findings of fact are made: The Department is the state agency charged with the responsibility of pursuing disciplinary actions against real estate licensees. At all times material to the allegations of the administrative complaint, Respondent is and has been a licensed real estate salesman in the State of Florida having been issued license number 0347386. On May 7, 1987, the Respondent was charged with seven counts of criminal misconduct. The charging document, an information filed by the State Attorney of the Third Judicial Circuit of Florida, alleged that Respondent had: solicited to commit extortion while armed; solicited to commit murder I while armed; delivered a controlled substance; possessed a controlled substance with intent to sell or deliver; committed grand theft II; and carried a concealed firearm during a felony. Subsequently, Respondent was tried and found guilty of: solicitation to commit extortion (a 3rd degree felony); solicitation to commit murder I (a 1st degree felony); delivery of a controlled substance (a 3rd degree felony); grand theft II (a 3rd degree felony) ; and carrying a concealed firearm (a 3rd degree felony). The judgment of guilt was entered on September 9, 1987. Respondent received a sentence for each of the convictions noted above and was committed to the Department of Corrections with credit for the 150 days of incarceration in the county system he had spent prior to the imposition of the sentences. All sentences ran concurrent with one another. During the time of his incarceration (on or about September 30, 1987), Respondent's real estate license expired. At that time, Respondent mistakenly presumed he was not required to send a notice of the convictions to the Real Estate Commission and, therefore, did not do so. In July, 1989, Respondent was released from prison. Upon his release, Respondent considered what action would be needed to renew his real estate license. To that end, he took a continuing education course and discovered he should have notified the Real Estate Commission of his felony convictions. On March 10, 1990, Respondent wrote a letter to the Real Estate Commission which stated, in part: My name is Gene Stephen Wilson, expired license #0347386. My license expired September 30, 1987. In September 1987, while working in another profession, I was convicted, sentenced and served two and one- half years in a Correctional Institution for a felony charge. Since my license was expired, I did not realize that I was required to report to FREC at that time. Now, after completing my sentence, I have been granted an Order of Executive Clemency by the Governor of the State of Florida. On October 5, 1989, the Governor, with the concurrence of the requisite members of the Cabinet of the State of Florida, filed an Executive Order which granted to Respondent the restoration of his civil rights. Anne Frost, a real estate broker, and Deborah J. Mickle, a real estate agent with Anne Frost, Inc., submitted written statements which attest that, based upon their experiences with the Respondent, he is ethical and professional in connection with the real estate business.
Recommendation Based on the foregoing, it is RECOMMENDED: That the Florida Real Estate Commission enter a final order finding the Respondent guilty of having violated Section 475.25(1)(p), Florida Statutes, suspending his license for a period of two years, imposing an administrative fine in the amount of $500, and requiring a period of probation under such terms and conditions as the Commission may deem appropriate. DONE and ENTERED this 30th day of November, 1990, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of November, 1990. APPENDIX TO CASE NO. 90-4403 RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE DEPARTMENT: 1. Paragraphs 1 through 5 are accepted. RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE RESPONDENT: None timely submitted. COPIES FURNISHED: Steven W. Johnson Senior Attorney Department of Professional Regulation, Division of Real Estate 400 West Robinson Street Post Office Box 1900Orlando, Florida 32802 Stanley M. Silver, Jr. 217 East Ivanhoe Boulevard, North Orlando, Florida 32804 Darlene F. Keller Division Director 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Kenneth E. Easley General Counsel Department of Professional Regulation 1940 North Monroe, Suite 60 Tallahassee, Florida 32399-0750
Findings Of Fact In his application for registration as a real estate salesman John J. Hurley, Respondent, answered "yes" to question nine regarding arrest, and completed the "State details in full" space with "speeding ticket in January, 1973; paid fine; other misc. non-moving traffic violations." Exhibits 2, 3, and 4 showed that in August, 1963 Respondent was charged with conspiracy to commit a robbery and accessory after the fact to robbery; in February, 1964 he was arrested for armed robbery; in August, 1965 he was arrested for grand larceny. In testifying in his own behalf Respondent acknowledged that the allegations of arrests were true and that he realizes that he should have truthfully answered question nine. In explanation for failing to do so Respondent stated this was a chapter of his life that caused him great embarrassment and problems and at the time he submitted his application he could not have written of those arrests. With respect to the first two arrests in 1963 and 1964 he was the victim of Captain David Helman, a Miami detective who was subsequently removed from the police force for committing robberies and pinning them on others. Respondent was acquitted of both of those charges and they caused him difficulties and embarrassment for many years. With respect to the charge of grand larceny in 1965 Respondent acknowledged stupidity in believing his friend who told him he had bought the TV set from the motel. When brought to trial he pleaded guilty to petit larceny and adjudication of guilt was withheld. Respondent has never activated his real estate salesman's registration. He owns a bookstore in Coral Gables and serves on the board of directors of his church. He holds an insurance salesman's license and a security salesman's license issued by the SEC. Following his acquittal and withhold adjudication of guilt he discussed the matter with his attorney and, as a result of the discussion, he felt he could henceforth decline to elaborate on that chapter of his life.
Findings Of Fact The Petitioner made application for licensure as a Florida real estate salesman on November 20, 1990. His application was received by the Respondent on December 12, 1990. The Respondent advised the Petitioner by letter dated February 28, 1991 of its denial of the Petitioner's application on February 20, 1991 and of the Petitioner's right to a hearing pursuant to Chapter 120, Florida Statutes. The Petitioner filed a timely request for a formal hearing. The denial of the Respondent's application for licensure was based upon the Petitioner's answers to Question Nos. 7 and 15 on the application. Question No. 7 stated: "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?" The Petitioner answered "yes" to Question No. 7 and gave the following details: On June 26, 1986 I pleaded guilty to one count of sale or delivery of dilaudid, a second degree felony, and was sentenced to four (4) months in jail with a reduced sentence at 73 days with no probation. Question No. 15 stated: 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, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending? Have you ever resigned or withdrawn from, or surrendered, any license, registration or permit to practice any regulated profession, occupation or vocation while such charges were pending? The Petitioner answered "no" to both parts of Question No. 15. On November 16, 1985, the Petitioner was arrested and subsequently plead guilty to selling Dilaudid, a controlled substance. The court sentenced the Petitioner to spend time in a halfway house and pay a $5,000.00 fine. The parties stipulated that this was a felony conviction. The Petitioner had been previously licensed as a Florida real estate salesman and upon his conviction, had notified the Respondent, as required by law. After notification of the Petitioner's conviction, the Respondent instituted an administrative complaint against the Petitioner to revoke his Florida real estate license. On February 18, 1987, the Respondent entered its Final Order revoking the Petitioner's license because of his conviction of a felony. The Petitioner explained that he incorrectly answered Question No. 15 by mistake and without the intent to mislead the Respondent. The Petitioner pointed out that he had originally notified the Respondent of his conviction and had revealed his conviction in his answer to Question No. 7 on the application. The Petitioner introduced letters from friends and associates that he was a person of good character, who was fully rehabilitated. The Petitioner stated that he had been a drug salesman and that he had been approached by a woman whom he knew and who asked him to provide Dilaudid to her for a relative who was dying of cancer. The Petitioner provided the woman with the Dilaudid; she paid him a token amount of money "for his trouble"; and the Petitioner was arrested in a "sting" operation in which the woman was participating. The court sentenced the Petitioner to four (4) months in a halfway house and no probation. The Petitioner appeared contrite and rehabilitated. He possesses the good character necessary for licensure as a Florida real estate salesman.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is therefore, RECOMMENDED that the Petitioner should be re-licensed as a Florida real estate salesman. DONE AND ENTERED this 18th day of October, 1991, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of October, 1991. COPIES FURNISHED: Darlene Keller, Division Director Division of Real Estate P.O. Box 1900 Orlando, FL 32802-1900 Jack McRay, Esq. General Counsel Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, FL 32399-0792 Larry F. Bryant 4402 Travelers Road Jacksonville, FL 32210 Joselyn M. Price, Esq. Department of Legal Affairs 400 West Robinson Street Suite 107 South Orlando, FL 32801
The Issue Whether petitioner's application for a real estate salesman's license should be denied on the ground that he fails to meet the requirement that an applicant be "honest, truthful, trustworthy, and of good character, and shall have a good reputation for fair dealing. "
Findings Of Fact In March, 1981, petitioner filed an application for licensure as a real estate salesman. (Joint Exhibit 1.) Question No. 6 of the application and petitioner's answer (underlined below) were as follows: 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 vio- lations), without regard to whether convicted, sentenced, pardoned or paroled? Yes. If yes, state details including the outcome in full: Arrested in Savannah, Georgia 1974 for Sales and Possession of Marijuana--Case Dropped- Beaufort, South Carolina 1974 Simple Posses sion of Marijuana--fined $100.00--1978 following to [sic] close--Sarasota, FL $31.00 fine. (Joint Exhibit 1.) At hearing, petitioner confirms his answer to Question No. 6. In 1974, he was in the U.S. Marine Corps and stationed at Beaufort, South Carolina. He was arrested twice on criminal charges. On August 14, 1974, he was arrested in Savannah, Georgia, on charges of possession and sale of marijuana. The present state of the charges is uncertain. At hearing, petitioner invoked his Fifth Amendment privilege in response to questions concerning the circumstances surrounding that arrest. His second arrest occurred in Beaufort, South Carolina; on November 7, 1974, he pleaded guilty to the criminal charge of simple possession of marijuana and paid a $100 fine. Other than a subsequent arrest in Port Charlotte, Florida, arising out of a marriage dissolution (the charge of withholding means of support was ultimately dropped) , petitioner has not been arrested or convicted of any crime since 1974. (Testimony of R. Kiebler; Joint Exhibits 2, 3.) During the last five years, petitioner has been employed by various glass and window companies in southwest Florida. Since February, 1981, he has worked as a salesman for Bill's Custom Glass and Mirror Company in Naples, Florida. In that capacity, he called on contractors, read prints, submitted bids, and signed contracts. He performed his work well; his employer considers him to be a very honest and reliable individual. (Testimony of Reagan, R. Kiebler; Joint Exhibit 1.) Since moving to Naples in February, 1980, petitioner has earned a reputation for truthfulness, honesty, and fair dealing in business affairs. (Testimony of S. Kiebler.)
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the application of Ronald Leroy Kiebler for a Florida real estate salesman's license be GRANTED. DONE AND RECOMMENDED this 12th day of November, 1981, 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 12th day of November, 1981. COPIES FURNISHED: Michael E. Burns, Esquire 945 Central Avenue Naples, Florida 33940 Jeffrey A. Miller, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Carlos B. Stafford Executive Director Board of Real Estate 400 West Robinson Street Orlando, Florida 32789
