Findings Of Fact On July 3, 1985, Petitioner applied for licensure as a real estate salesman with the Florida Real Estate Commission. On this application Petitioner responded "yes" to Question 6 of the application form which asked if he had ever been convicted of a crime. The details of the conviction supplied by Petitioner, that he had been convicted of delivery of paraphernalia, adjudication was withheld, he was fined $1,000 and placed on probation for five years, were also accurate. At the time of his arrest Petitioner and his brother were partners in a record store. For sale in this store was a milk sugar known as Mannitol. Unbeknownst to Petitioner prior to his arrest, Mannitol is a controlled substance. Drug paraphernalia, the delivery of which Petitioner was arrested and brought to trial, was this Mannitol that was in the record store for sale. At his trial on March 18, 1985, Petitioner pleaded guilty to the charge against him, adjudication of guilt was withheld, he was fined $1,000 which he has paid, and he was placed on probation for five years. This is the only time Petitioner has ever been arrested. He has fully complied with all terms of his parole and his probation officer will recommend an early termination of his parole in March 1987 (Exhibit 6). Subsequent to his trial Petitioner has sold his interest in the record store and disassociated himself from any business dealings with his brother. He is currently employed as a planning technician with the Lee County Zoning Department. Petitioner is 34 years old, has been married for five years, and is the father of a 2-1/2 year old son. He has owned a residence in Lee County for 10 years. References submitted by Petitioner to the effect that Petitioner was honest and trustworthy were submitted by individuals who were aware of his arrest and trial. This one arrest for delivering a substance that Petitioner was not even aware was illegal does not establish that Petitioner is not honest, truthful, trustworthy, and of good character. To the contrary, from the evidence presented at the hearing, Petitioner has those qualities necessary for licensure as a real estate salesman.
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
The Issue Whether the Petitioner's application for licensure should be approved, pursuant to Chapter 475, Florida Statutes.
Findings Of Fact In an attempt to practice a profession at which she anticipates success and to provide for herself and her son, Petitioner applied for licensure as a real estate salesman on July 28, 1988. Petitioner successfully completed the licensure examination on her first attempt. Subsequently, Respondent denied her licensure based on her conviction of conspiracy to import marijuana. In 1985, Ms. Cepada was convicted of conspiracy to import a controlled substance, marijuana, and served her sentence without disciplinary problems. While in prison, Ms. Cepada worked as a teacher aide assisting Spanish speaking prisoners to earn their graduate equivalency degree. After having served two years of her five year sentence, she was released. Since her release, Ms. Cepada has been employed in trustworthy and responsible positions, having served as a clerk in a perfume store and with an insurance company. She is also active in her church and participates in a church sponsored program which provides counselling for prisoners. After licensure, Ms. Cepada has been assured a position with a licensed real estate broker. Through these experiences, Ms. Cepada has exhibited good conduct and has established a good reputation in the community. Further, sufficient time has elapsed since her conviction to test and demonstrate these traits as well as those of trustworthiness, honesty and truthfulness.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application for licensure of Sonia Cepada be GRANTED. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 5th day of June 1989. JANE C. HAYMAN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1989. COPIES FURNISHED: Marilyn Capo, Esquire 780 North West Le Jeune Road Suite 504 Miami, Florida 33433 Manuel E. Oliver, Esquire Assistant Attorney General 400 West Robinson Street Suite 212 Orlando, Florida 32801 Darlene F. Keller, Director Division of Real Estate Department of Professional Regulation 400 West Robinson Street Orlando, Florida 32801 =================================================================
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, the post-hearing memorandum and the entire record compiled herein, the following relevant facts are found: By letter dated February 18, 1983, the Florida Real Estate Commission (sometimes herein referred to as the respondent or the Commission) advised the petitioner that his application for licensure as a real estate salesman was denied based upon petitioner's answer to question 6 of the licensing application and his criminal record. On September 1, 1982, petitioner held a Mutuel Clerk's Occupational License (NOP-00455) issued by the Division of Pari-Mutuel Wagering, Department of Business Regulation, State of Florida. While acting in the capacity of a mutuel clerk at Calder Race Course in Dade County, Florida, Petitioner, on September 1, 1982, cashed a winning one dollar ($1.00) trifecta ticket for the eighth race on August 28, 1982, valued at six hundred thirty-six dollars and eighty cents ($636.80) for Metro-Dade Organized Crime Bureau Detective, Jonas Sears, for a cash fee payable to Petitioner. Petitioner did not require Detective Sears to complete the necessary internal revenue service form W-2G which is required of any patron winning six hundred dollars ($600.00) or more. On October 22, 1982, petitioner entered into a consent order with the Division of Pari-Mutuel Wagering wherein petitioner agreed to certain findings. Based on those findings, petitioner agreed to a suspension of his pari-mutuel license for a period of seventy-five (75) days. A clerk who engages in such conduct violates Section 550.16(7), Florida Statutes and Rule Section 7E- 6.07(3)(6), Florida Administrative Code. Petitioner also admitted to deducting sixty dollars and eighty cents ($60.80) as a cash fee payable to him for not requiring Detective Sears to complete the necessary Internal Revenue Service form W-2G.
Recommendation That the respondent enter a Final Order denying petitioner's application for licensure as a real estate salesman. RECOMMENDED this 14th day of September, 1983 in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of September, 1983.
