The Issue Whether the Respondent's real estate license should be disciplined because the Respondent has been found guilty of a crime which directly relates to the activities of a licensed real estate salesman or involves moral tupitude or fraudulent or dishonest dealing.
Findings Of Fact Based on the evidence presented at hearing, the following facts are determined: At all times pertinent to the charges, the Respondent was a licensed Florida real estate salesman having been issued license number 0400199 in accordance with Chapter 475, Florida Statutes. The license issued during all times material to the facts alleged in the Administrative Complaint was as salesman, % Emerson Realty Group of Volusia County, Inc., 322 Silver Beach Avenue, Daytona Beach, Florida 32018. The Respondent, in the United States District Court, Middle District of Florida, entered a plea of guilty to one count of filing a false tax return, a felony, whereupon on October 17, 1988, the Respondent was sentenced to a period of probation and fined $2,500. Via letter dated October 31, 1988, the Respondent's attorney timely notified the Petitioner of the felony charges, plea and disposition. In mitigation, Respondent testified and his exhibits indicate that Respondent's former wife was the office manager and book keeper until 1983. Respondent did not prepare the income tax return for which he entered his plea, his former wife did so. He relied on his former wife's competency and goodwill in preparing all documents relating to his main business, the pest control business. She reported the errors on his income tax returns to the Internal Revenue Service out of spite and greed (in hopes of collecting a 10% reward). The basis for the conviction of filing a false tax return did not involve a real estate transaction. Respondent has no prior convictions for any other crime.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, and the evidence of the record, including the contents of the several exhibits received into evidence, it is, therefore: RECOMMENDED that the Respondent William Lea be found guilty of having violated Subsection 475.25(1)(f), Florida Statutes (1987) as charged in the Administrative Complaint. It is further: RECOMMENDED that Respondent William Lea receive a reprimand, an administrative fine of $400.00. DONE and ENTERED this 27th day of June, 1989 in Tallahassee, Florida. DANIEL M. KILBRIDE 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 27th day of June, 1989. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's Proposed Recommended Order: Paragraphs 1 - 3. Accepted Respondent's Proposed Recommended Order: Respondent did not submit separate findings of fact. COPIES FURNISHED: STEVEN W. JOHNSON, ESQUIRE SENIOR ATTORNEY DPR - DIVISION OF REAL ESTATE 400 W. ROBINSON STREET P.O. BOX 1900 ORLANDO, FLORIDA 32802 HARRISON SLAUGHTER, ESQUIRE 56 EAST PINE STREET, SUITE A ORLANDO, FLORIDA 32801 DARLENE F. KELLER, DIVISION DIRECTOR DIVISION OF REAL ESTATE 400 W. ROBINSON STREET POST OFFICE BOX 1900 ORLANDO, FLORIDA 32802 KENNETH E. EASLEY, GENERAL COUNSEL DEPARTMENT OF PROFESSIONAL REGULATION NORTHWOOD CENTRE 1940 NORTH MONROE STREET SUITE 60 TALLAHASSEE, FLORIDA 32399-0792
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.
Findings Of Fact At all times material to this proceeding, the Respondent Bruce R. Dowell was licensed as a real estate salesman in the State of Florida and presently holds license number 0022658. The Respondent is employed as a real estate salesman by Allen Pacetti, a licensed real estate broker doing business as Pacetti Realty Company, 49 Cordova Street, St. Augustine, Florida 32084. Mr. Pacetti has a policy within his office of permitting his real estate salespersons to assist members of their immediate families with real estate transactions without involving the office or notifying the broker. Accordingly, the Respondent did not inform Mr. Pacetti of his efforts to rent his daughter's home. The Respondent's daughter and son-in-law, Mr. and Mrs. William Kasperski, owned a residence next door to the Respondent at 202 Coquina Avenue, St. Augustine, Florida, which they rented while they were out of the state for extended periods of time. The home would be shown to prospective tenants by either Mr. Dowell, his wife or other family members depending upon who was home when prospective tenants arrived. The rental property had been leased to at least two other tenants prior to the incident which prompted the instant complaint. In March, 1980, the Respondent placed an ad in the general classified section of the St. Augustine Record advertising the Kasperski home for rent. The advertisement was seen by a co-worker of Mr. and Mrs. G. David Petty who inspected the home and recommended it to them. Mr. Petty and his wife Frances Petty subsequently examined the home and orally agreed to a monthly rental of $265. Neither the Petty nor the Respondent requested or offered to sign a written lease. The Respondent informed the Petty that the owner was not expected to return to Florida for at least a year. The Pettys made an initial payment to the Respondent of $85 which represented a pro-rata share of the March rent. The Respondent would collect the checks from the Pettys and forward them to the Kasperskies who at the time were residing in Pennsylvania. The Respondent did not receive a fee, commission or any other renumeration in return for renting his daughter's home. During the course of the Petty three-month occupancy, the Respondent became concerned over the condition of the home and alterations which were made by the Pettys without prior authorization from the owners. The Respondent conveyed his concerns over the condition of the property to his son-in-law who in turn contacted an attorney in Pennsylvania, Louis D. Poulette. Mr. Poulette informed the Pettys by letter that the lease was terminated by the owners effective July 31, 1980. The Pettys vacated on July 15, 1980, and were refunded the balance of their rent payment for July, 1980. On August 1, 1980, the Respondent readvertised the property and it was rented in September, 1980 for $265 per month.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the Department of Professional Regulation, Board of Real Estate, enter a final order dismissing the Administrative Complaint filed against the Respondent, Bruce R. Dowell. DONE and ORDERED this day 3 of February, 1982, in Tallahassee, Florida. SHARYN L.SMITH Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of February, 1982. COPIES FURNISHED: Barry Sinoff, Esquire 2400 Independent Square One Independent Drive Jacksonville, Florida 32202 Robert F. Spohrer, Esquire ZISSER ROBISON SPOHRER WILNER & HARRIS, P.A. 303 Liberty Street Jacksonville, Florida 32202 C. B. Stafford, Executive Director Florida Real Estate Commission 400 West Robinson Avenue Post Office Box 1900 Orlando, Florida 32801
Recommendation Deny the application of Petitioner for Registration as a salesman for the Florida Real Estate Commission. DONE and ENTERED this 6th day of December, 1978, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building MAIL: 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Manuel E. Oliver, Esquire Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Dwaine Eugene Spann Route 2, Box 376S Sarasota, Florida 33582
The Issue Whether Respondent is guilty of obtaining a license by means of fraud, misrepresentation or concealment, in violation of Section 475.25(1)(m), Florida Statutes (1995).
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. Respondent is and was at all times material to this proceeding a licensed Florida Real Estate Salesperson. He was issued licensed number 0625149 in accordance with Chapter 475, Florida Statutes. His license is currently inactive. On or about April 6, 1995, Respondent submitted an application for licensure as a Real Estate Salesperson. Question number 9 on the application read 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 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. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of any other state, you are responsible for verifying the expungement or sealing prior to answering "NO". If you answered "Yes," attach details including dates and outcome, including sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records, Failure to answer this question accurately could cause denial of licensure. If you do not understand the question, consult with an attorney or the Division of Real Estate. Respondent marked the "NO" box beside question number 9. Respondent then signed the "Affidavit of Applicant" which read above his signature: The above named, and undersigned, applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s)(he) is the person applying, that (s)(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and recollection permit, without any evasions or mental reservations whatsoever, that (s)(he) knows of no reason why this application should be denied; and (s)(he) further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives, by him/her in response to inquiries concerning his/her qualifications. On or about July 6, 1989, Respondent, going by the name of Pablo Alfaro, pled no contest to misdemeanor "joyriding" in Case No. 93CM04225, in Santa Ana, California. Respondent admitted to pleading no contest to a "joyriding” charge. By letter dated August 27, 1997, addressed to Petitioner, Respondent's employer at the time, John Maizie, Executive Sales Director of Cypress Pointe Resort, wrote that Respondent was an ethical and valued employee.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of violating Section 475.25(1)(m), Florida Statutes, as charged in the Administrative Complaint, and that Respondent's license should be revoked. DONE AND ENTERED this 3rd day of November, 1998, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 3rd day of November, 1998. COPIES FURNISHED: Laura McCarthy, Chief Deputy Attorney Department of Business and Professional Regulation 400 West Robinson Street Orlando, Florida 32801-1772 Juan Bonitto 2851 Runyon Circle Orlando, Florida 32837-5214 Henry M. Solares, Division Director Division of Real Estate Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact John M. Stroud is a registered real estate saleman holding registration number 0172065 issued the Florida Real Estate Commission. On December 17, 1976, John M. Stroud was arrested for burglary and committed to the custody of the sheriff of Brevard County for the offense of burglary. On December 15, 1976, Stroud had his completed application notarized by R. Jack Simpson. Stroud's application was initially received by the Florida Real Estate Commission on January 5, 1977, and was returned to Stroud because he had not enclosed the fee required. It was resubmitted with the fee and received by the Florida Real Estate Commission on January 14, 1977.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer RECOMMENDS: That the registration of John M. Stroud be revoked. DONE and ENTERED this 9th day of December, 1977 in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of December, 1977. COPIES FURNISHED: David T. Young, Esquire 1197 So. U.S. Highway 1 P.O. Box 563 Rockledge, Florida 32955 Bruce I. Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789
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 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
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
