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ANN K. CROASDELL vs. FLORIDA REAL ESTATE COMMISSION, 87-002614 (1987)
Division of Administrative Hearings, Florida Number: 87-002614 Latest Update: Dec. 23, 1987

The Issue The issue for determination in this proceeding is whether Ann Croasdell is qualified for licensure as a real estate salesperson. More specifically, since her license was previously disciplined, the question is whether,"... because of lapse of time and subsequent good conduct and reputation, or other reason deemed sufficient... " it appears the interest of the public and investors will not be endangered by the granting of registration.

Findings Of Fact On or about April 29, 1987, Ann Croasdell filed her application for licensure as a real estate salesperson. She revealed in response to question #14 that her Florida broker's license had been revoked in March, 1984. Ms. Croasdell's broker's license was disciplined in two cases, heard on the same day, before the Florida Real Estate Commission. In case no. 0021233, DOAH no. 82-1673, she was charged with, and found guilty of fraud and misrepresentation in violation of Section 475.25(1)(a) and Section 475.25(1)(b) F.S. On April 19, 1983, the Commission adopted the DOAH Hearing Officer's Recommended Order and suspended Ms. Croasdell's broker's license for three years. In case no. 0020990, DOAH no. 82-1672, Ms. Croasdell was charged with and found guilty of dishonesty, breach of trust and conspiring with another person engaged in such conduct, in violation of Section 475.25(1)(a) and Section 475.25(1)(b) F.S. On April 19, 1983, the Commission adopted the DOAH Hearing Officer's Recommended Order, except as to penalty, and revoked her real estate broker's license. In both cases the First District Court of Appeal affirmed the orders Per Curiam, and issued its mandates on March 9, 1984. Ms. Croasdell's disciplinary actions arose out of dealings with William Young, later known as the "multi-lock burglar." In DOAH case #82-1672, it was found that Ms. Croasdell was a willing accomplice with Young in a series of burglaries in which access was gained through use of the multi-lock boxes used by realtors to show homes for sale. Golf clubs and towels were stolen. Ms. Croasdell assisted in the investigation leading to young's conviction and she was never arrested nor charged with a criminal violation. In DOAH case #82-1673, the Hearing Officer found Ms. Croasdell made application, and obtained a second mortgage loan in her own name on property that she had previously conveyed to William Young. She misrepresented to the mortgage company the true owner of the property. Ms. Croasdell is a reformed alcoholic. She characterizes herself as an alcoholic drinker between 1974 and March 1984. She now participates actively in Alcoholics Anonymous, attends meetings several days a week and sponsors other women alcoholics. She works with the AA Hot Line and a halfway house for women alcoholics. She is employed part-time teaching real-estate related courses at a technical school. She is also attending college, with some support in the form of tuition and books from the Florida Division of vocational Rehabilitation. Respondent presented no evidence to controvert Ms. Croasdell's credible testimony of her complete rehabilitation. She freely admits her wrongdoing in the referenced disciplinary cases. She attributes the wrongs to a fear of William Young and to her alcoholism. During the proceedings before the Commission in 1982 and 1983, she did not admit her alcoholism as she was still in the throes of the disease. Ms. Croasdell's evidence is corroborated in approximately seventeen letters of reference and commendation from her counsellors, former students, employers and business associates. Ann Croasdell held her real estate license between 1978 and 1984. Prior to that, she was employed by various state agencies, including five years with the Florida Real Estate Commission as an administrative assistant and acting and assistant director. With her license she opened a real estate school and built an active business. Her real love is teaching real estate students. She believes she has a gift for this vocation and can make a contribution to the profession. Ms. Croasdell is 47 years old, divorced, with three children. Her account of her life before and after the activities leading to the loss of her license lends credence to the theory that her behavior was an aberration peculiar to her relationship with Young and to the final stages of her alcoholism. The Commission's letter of intended denial is not in evidence; however, at the brief proceeding before the Commission in May, 1987, the unanimous vote of the members was based upon the expressed concern that insufficient time had passed. While the discipline in one case (#82-1673) was a three-year suspension, the Board rejected the Hearing Officer's recommendation for a five year suspension in case #82-1672, in favor of revocation. According to the findings in the disciplinary cases, the wrongful conduct took place primarily in 1979 and 1980. The Appellate Court mandates were issued in 1984, and Ms. Croasdell has been un-licensed for almost four years. Additional time would serve no purpose other than further assurance that a relapse will not occur.

Recommendation It is, hereby Recommended: That the Commission enter its Final Order granting the application of Ann Croasdell for licensure as a real estate salesperson. DONE AND RECOMMENDED this 23rd day of December in Tallahassee, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of December, 1987. COPIES FURNISHED: Manuel E. Oliver, Esquire Department of Legal Affairs Suite 212 400 West Robinson Street Orlando, Florida 32801 Harold Huff, Executive Director Division of Real Estate Department of Professional Regulation 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802 William O'Neil, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750

Florida Laws (4) 120.57120.60475.17475.25
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DIVISION OF REAL ESTATE vs. RICHARD S. TESTUT, A. C. KIBLER, ET AL., 80-002001 (1980)
Division of Administrative Hearings, Florida Number: 80-002001 Latest Update: Dec. 17, 1982

Findings Of Fact Respondent Freedom of Choice Realty, Inc., is a registered corporate real estate broker holding license number C00213882. Respondents Richard S. Testut, A. C. Kibler and Beatrix Meyer-Burghagen are registered real estate brokers holding licenses numbered 0180949, 0047414 and 0145168, respectively, and these individuals are officers of Respondent Freedom of Choice Realty, Inc. In addition, Beatrix Meyer-Burghagen holds a license to operate real estate school named Florida Real Estate Clinics, Inc., which is also a Respondent herein. In support of the allegations in its Administrative Complaint the Petitioner presented testimony and evidence from five witnesses. The first, Stephen E. Thomas, Jr., is an officer of Respondent, Freedom of Choice Realty, Inc., and he is also an officer of Florida Real Estate Council, Inc. Neither Mr. Thomas nor Florida Real Estate Council, Inc., hold any real estate licenses, and they are not parties to this proceeding. Florida Real Estate Council, Inc., was formed to offer licensed salespeople an opportunity to belong to their own association. During the month of April, 1980, this organization sponsored a series of public meetings to which inactive licensees were invited by means of a flier which was mailed to approximately 21,000 of them in South Florida. The purpose of these meetings was to inform inactive real estate salespeople concerning the status of their licenses after June of 1980. Generally, these fliers conveyed the impression that inactive licenses had been placed in jeopardy by a change in the real estate law, and the information conveyed at the public meetings reiterated the existence of an apparent threat to these licenses. Two other witness presented by the petitioner established the content of one of the public meetings held by Florida Real Estate Council, Inc., in April of 1980. The remaining two witnesses were presented to clarify the actual changes that were made in the real estate law on July 1, 1980. There was no truth or substance to the information conveyed to over 21,000 inactive licensees concerning the status of these licenses as a result of statutory changes made in 1980. However, this information was not established to be more than an inaccurate lay interpretation of the Florida Statutes by Stephen E. Thomas, Jr., or by Florida Real Estate Council, Inc. In summary, the Petitioner's evidence fails to prove a conspiracy among the Respondents as alleged in the Administrative Complaint. Except for the fact that Stephen E. Thomas, Jr., is an officer of both Florida Real Estate Council, Inc., and Respondent Freedom of Choice Realty, Inc., insufficient evidence was presented to establish a connection between these corporations. Any false and misleading statements or information disseminated at the public meetings and by flier was the action of Mr. Thomas, individually, and/or Florida Real Estate Council, Inc., neither of whom are subject to the jurisdiction of the Board of Real Estate, and neither of whom are parties to this proceeding. The evidence does not support a finding that any of the Respondents conspired together for the purpose of distributing false information to real estate license holders, as alleged. Nor was there substantial, competent evidence that the Respondents, or any of them received financial benefit either from the flier or the public meetings. Finally, based upon the testimony of Petitioner's witness, Stephen E. Thomas, Jr., and evidence from the only Respondent who testified, Richard S. Testut, Freedom of Choice Realty, Inc., attempted to operate a real estate brokerage business beginning on July 1, 1980. The initiation on July 2, 1980, of the investigation which resulted in the filing of the administrative Complaint under consideration here adversely affected its employees, as well as potential employees, to such an extent that no sales or commissions could be earned. However, this company did have a staff, listings, sales meetings, literature, and advertised to recruit salespeople. Thus, the Petitioner's contention that this corporation neither actively employed any licensees, or performed any brokerage services, was not proven.

Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Administrative Complaint filed in this case be dismissed. THIS RECOMMENDED ORDER entered on this 18 day of February, 1981. 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 18 day of February, 1981. COPIES FURNISHED: Frederick H. Wilsen, Esquire Assistant General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Alan H. Konigsburg, Esquire 1700 East Las Olas Boulevard Suite 202 Fort Lauderdale, Florida 33301 Mr. Richard S. Testut 4180 Coral Springs Drive Coral Springs, Florida 33035

Florida Laws (1) 475.25
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DIVISION OF REAL ESTATE vs. GEORGE A. HEYEN, 75-002052 (1975)
Division of Administrative Hearings, Florida Number: 75-002052 Latest Update: Mar. 22, 1977

Findings Of Fact George A. Heyen is a duly registered real estate salesman with the Florida Real Estate Commission, and was so registered and has been so registered continuously since October 1, 1972, as evidenced by Petitioner's Exhibit number 1. While serving in the capacity as a real estate salesman, the Respondent entered into a listing agreement with one Thomas S. Bowers and Brenda L. Bowers, his wife. This agreement was drawn on December 11, 1973 and is Petitioner's Exhibit number 4. On February 6, 1974, a purchase and sell agreement was drawn up by the Respondent and entered into between Maria A. Hindes and the Bowers. This purchase and sell agreement is Petitioner's Exhibit number 3. This contract of February 6, 1974 was submitted to Molton, Allen and Williams, Mortgage Brokers, 5111 66th Street, St. Petersburg, Florida. The contract, as drawn, was rejected as being unacceptable for mortgage financing, because it failed, to contain the mandatory FHA clause. When the Respondent discovered that the February 6, 1974 contract had been rejected, a second contract of February 8, 1974 was prepared. A copy of this contract is Petitioner's Exhibit number 5. The form of the contract, drawn on February 8, 1974, was one provided by Molton, Allen and Williams. When, the Respondent received that form he prepared it and forged the signature of Mr. and Mrs. Bowers. The explanation for forging the signatures as stated in the course of the hearing, was to the effect that it was a matter of expediency. The expediency referred to the fact that the parties were anxious to have a closing and to have the transaction completed, particularly the sellers, Mr. and Mrs. Bowers. Therefore, in the name of expediency the signatures were forged. Testimony was also given that pointed out the Bowers were very hard to contact in and around the month of February, 1974, and some testimony was given to the effect that the Bowers made frequent trips to Ohio, but it was not clear whether these trips would have been made in the first part of February, 1974. The Bowers discovered that their name had been forged when they went to a closing on April 11, 1974. They refused to close the loan at that time. On April 24, 1974, a new sales contract was followed by a closing which was held on April 26, 1974 and a copy of the closing statement is Petitioner's Exhibit number 6. The Respondent has received no fees or commissions for his services in the transaction and there have been no further complaints about the transaction. Prior to this incident, the Respondent, George A. Heyen, was not shown to have had any disciplinary involvement with the Florida Real Estate Commission and has demonstrated that he has been a trustworthy individual in his business dealings as a real estate salesman.

Recommendation It is recommended that the registration of the registrant, George A. Heyen, be suspended for a period not to exceed 30 days. DONE and ENTERED this 8th day of April, 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: Richard J. R. Parkinson, Esquire Associate Counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 George A. Heyen c/o Gregoire-Gibbons, Inc. 6439 Central Avenue St. Petersburg, Florida 33710

Florida Laws (1) 475.25
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DIVISION OF REAL ESTATE vs. ALBERT R. HURLBERT, T/A HURLBERT REALTY, 84-003490 (1984)
Division of Administrative Hearings, Florida Number: 84-003490 Latest Update: Feb. 27, 1985

The Issue Whether the respondent's license as a real estate broker should be revoked, suspended, or otherwise disciplined because respondent entered a plea of guilty to the offense of unlawful compensation.

Findings Of Fact Respondent is and was at all times pertinent to this proceeding a licensed real estate broker with the State of Florida, holding license number 0166810. On June 18, 1982, an information was filed in the circuit court charging that between the dates of December 10, 1980 and December 1, 1981, the respondent "did corruptly request, solicit, accept or agree to accept money not authorized by law for past, present, or future performance, to wit: by sending business to Don's Alignment Shop, which said ALBERT RONALD HURLBERT did represent as having been within his official discretion in violation of a public duty or in performance of a public duty, in violation of Section 838.016, Florida Statutes." On July 16, 1982, the respondent appeared before Judge Thomas Oakley and entered a plea of guilty to the offense of unlawful compensation as charged in the information. Adjudication of guilt was withheld and respondent was placed on probation for a period of four years. Respondent was given an early release from probation on August 30, 1984.

Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Florida Real Estate Commission enter an order finding that the respondent has been convicted or found guilty of a crime which involves moral turpitude or fraudulent or dishonest dealing and revoking the respondent's real estate license. DONE and ENTERED this 27th day of February, 1985, in Tallahassee, Florida. DIANE A. GRUBBS 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 27th day of February, 1985. COPIES FURNISHED: Fred Langford, Esquire Department of Professional Regulation Division of Real Estate 400 West Robinson Street Orlando, Florida 32801 Mr. Albert R. Hurlbert c/o Hurlbert Realty 8117 Lakeland Street Jacksonville, Florida 32205 Salvatore A. Carpino, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32303 Howard Huff Executive Director Division of Real Estate P. O. Box 1900 Orlando, FL 32802

Florida Laws (3) 120.57475.25838.016
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DIVISION OF REAL ESTATE vs. GEORGE N. OSBURN, 82-000175 (1982)
Division of Administrative Hearings, Florida Number: 82-000175 Latest Update: Oct. 04, 1982

Findings Of Fact The Respondent, George N. Osburn, is a licensed real estate salesman having been issued license number 0065910 and he was so licensed on or about February 26, 1979. The Petitioner, the Department of Professional Regulation/Board of Real Estate (now Florida Real Estate Commission), is an agency of the State of Florida, having jurisdiction over licensing and regulatory matters concerning real estate salesmen and brokers. On February 26, 1979, the Respondent went to the home formerly occupied by his former wife and himself prior to their divorce, which was final before the above date. The Respondent went to her house to obtain some records which he needed to execute his Federal Tax Return. The Respondent came on the porch of the house and walked into the house where his former wife and a Mr. Lacey were seated on the couch. The Respondent's former wife told the deputy who investigated the incident that night, and who testified at the hearing, that she had invited the Respondent in. Mr. Lacey testified at the hearing that the Respondent simply walked in uninvited. The deputy, in the deposition taken prior to the hearing, acknowledged that Mrs. Lacey, the Respondent's former wife, told him on the evening of the investigation of the incident that the Respondent came in at her invitation. Mrs. Lacey and Charles Lacey maintained at the hearing that the Respondent came in their premises uninvited. Thus, the evidence is conflicting on whether the Respondent entered the premises of his former wife without permission, but there is no preponderant evidence which establishes that he entered without invitation. There is no question, however, that he did not force entry. The former Mrs. Osburn discovered no items of property missing from her premises after the Respondent left. The Respondent was ultimately charged with burglary and upon his attorney's advice at the time, entered a "best interest" plea of nolo contendre to the charge in return for which he was promised and received a one-year probation with adjudication of guilt withheld. The acts the Respondent was charges with committing as a basis for the burglary charge occurred February 26, 1979. The Order of the Circuit Court placing the Respondent on one-year probation, with adjudication of guilt withheld, was entered on approximately May 7, 1981. The Respondent was not shown to have any previous violations assessed against his license.

Recommendation Having considered the foregoing findings of fact and conclusions of law, the evidence in the record and pleadings and arguments of counsel, it is, therefore RECOMMENDED: That the Respondent, George N. Osburn, be found not guilty and that the Administrative Complaint filed in this cause be DISMISSED and case number 82-175 be hereby CLOSED. DONE and ENTERED this 20th day of August, 1982, in Tallahassee, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of August, 1982. COPIES FURNISHED: Mark P. Kelly, Esquire FREEMAN & LOPEZ, P.A. 4600 West Cypress, Suite 410 Tampa, Florida 33607 Bernt Meyer, Esquire 2072 Ringling Boulevard Sarasota, Florida 33579 Frederick H. Wilsen, Esquire Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 C. B. "Joe" Stafford Executive Director Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32802 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301

Florida Laws (2) 120.57475.25
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DIVISION OF REAL ESTATE vs. ALFORD R. LYDON, 78-000887 (1978)
Division of Administrative Hearings, Florida Number: 78-000887 Latest Update: May 17, 1979

Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts are found. At all times relevant to this proceeding, respondent Lydon was registered with the Florida Real Estate Commission as a real estate salesman. By an administrative complaint filed on February 8, 1978, the petitioner sought to revoke, suspend or otherwise discipline the respondent's license and right to practice thereunder. The ground for such complaint is that respondent collected money as a salesman in connection with a real estate brokerage transaction in a name not his employer's and without the express consent of his employer. The respondent admits, and the evidence demonstrates, that in December of 1973, the respondent obtained a listing agreement for the sale of real property from Mary E. Renney, brought the seller Renney and the buyer Stephen together, prepared the contract for sale and obtained a check made payable to him in the amount of $500.00 for this transaction, which check was cashed by him. Mr. Lydon testified that he did these things as a personal favor to Mrs. Renney and that his broker knew about these transactions. No evidence was presented that respondent's broker gave his express consent to the events described herein.

Recommendation Based upon the findings of fact and conclusions of law recited above, it is RECOMMENDED that respondent Alford R. Lydon, Sr., be found guilty of the charges contained in the administrative complaint dated February 8, 1978, and that said finding constitute the written reprimand discussed above. Respectively submitted and entered this 2nd day of April, 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 32801 Alford R. Lydon, Sr. 3301 58th Avenue North Lot 146 St. Petersburg, Florida 33714

Florida Laws (2) 475.25475.42
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ROBIN JONES vs. FLORIDA REAL ESTATE COMMISSION, 80-002037 (1980)
Division of Administrative Hearings, Florida Number: 80-002037 Latest Update: Apr. 28, 1981

Findings Of Fact The Petitioner is a resident of Fort Lauderdale and has been for a substantial number of years. All of her immediate family resides in Fort Lauderdale. The Petitioner attended college in New York until 1972. While attending college in New York, in 1972, the Petitioner, while riding with her brother in a friend's car, was arrested on a charge involving possession of marijuana. The marijuana in question was owned by the driver of the car and the Petitioner and her brother did not know of its Presence in the car at the time of the arrest. She was sentenced to a year of Probation, which was later shortened and she was assured that her arrest record would thereafter be expunged. Upon executing the subject application, however, she gave full disclosure of her arrests. Early in 1977 the Petitioner was arrested for petty theft in Fort Lauderdale. The charge involved her changing the price tag on a minor item of wearing apparel. She pled guilty to that charge and was fined $90.50 plus costs, which she promptly paid. Both arrests occurred at a time when the Petitioner was single and, other than employment to provide her own support, was burdened by few adult or familial responsibilities. Since the 1977 arrest the Petitioner has married, has a child and, until she became an expectant mother, worked at a savings and loan association in charge of maintenance and escrow accounts for mortgage customers of the institution. The Petitioner customarily and daily received, accounted for and generally handled for that bank large amounts of cash and proved to be a trusted and satisfactory employee until she voluntarily left that employment. Petitioner's husband is a swimming pool construction contractor and is employed full time in that profession. Since late 1979 the Petitioner has been a housewife and engaged in rearing their child. The Petitioner's brother is a realtor with Russ Realty, Inc. of Fort Lauderdale. He corroborated the showing of the Petitioner that she has been assured regular, full-time employment with that real estate firm upon successful completion of the real estate examination. He and other members of the real estate firm are confident she will prove an asset to the firm as well as the real estate profession. A substantial period of time has elapsed since her 1977 petty theft arrest which occurred at a time when she was working as a waitress and enjoyed less fortunate financial circumstances and a generally more turbulent way of life. That arrest represents the only recorded episode in her life evincing any intent to engage in a less than honest and trustworthy course of conduct. Since that time her life style has changed considerably with the advent of her marriage and family responsibilities, and her recent trust-demanding employment, all of which she has accepted and discharged in a mature manner. Her demeanor reflects a young lady who has led a wholesome and useful life but for this brief miscreant conduct during a period of some personal instability.

Recommendation In consideration of the foregoing Findings of Fact and Conclusions of Law, and the candor and demeanor of the witnesses, it is RECOMMENDED that a final order be entered approving the application of Robin Jones for licensing as a real estate saleswoman. DONE AND ENTERED this 3rd day of March, 1981 in Tallahassee, Leon County, Florida. P. MICHAEL RUFF 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 March, 1981. COPIES FURNISHED: Jeffrey Miller, Esquire Board of Real Estate Legal Advisor Assistant Attorney General Department of Legal Affairs Office of the Attorney General The Capitol Tallahassee, Florida 32301 Robin Jones 6149 Royal Palm Boulevard Margate, Florida 33063 Nancy Wittenberg, Secretary Department of Professional Regulation 130 North Monroe Tallahassee, Florida 32301

Florida Laws (3) 120.57475.17475.25
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FLORIDA REAL ESTATE COMMISSION vs. RICHARD F. ROGERS, JR., 87-002990 (1987)
Division of Administrative Hearings, Florida Number: 87-002990 Latest Update: Nov. 25, 1987

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.

Florida Laws (7) 120.57475.25775.082775.083775.084782.07190.410
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