The Issue The issue posed for decision herein is whether or not the Respondent's license to practice real estate should be revoked based on conduct set forth hereinafter.
Findings Of Fact Based upon the testimony adduced at the hearing and the witnesses' demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found. Based on its Administrative Complaint filed herein dated July 28, 1981, the Florida Real Estate Commission (Petitioner) seeks to revoke Respondent's license to practice real estate based on his having been found guilty of a crime involving moral turpitude and fraudulent or dishonest dealing, in violation of Subsection 475.25(1)(f), Florida Statutes (1979), and his (Respondent) having been confined to a state or federal prison, in violation of Subsection 475.25(1)(m), Florida Statutes (1979). The Respondent, Joel L. Steiner, is a registered real estate salesman and has been issued License No. 0150824 by the Petitioner. The Administrative Complaint filed herein alleges that during the period June 1, 1976, and continuing through March 23, 1977, Respondent, for the purpose of executing a scheme and artifice to defraud the public, caused mails and other matters to be sent from the New York office of Crown Colony in New York, New York 1/ , to be placed in post offices and authorized depositories for mail matter to be delivered by mail by the United States Postal Service. As a result of those actions, Respondent was indicted by the United States District Court for the Southern District of New York and charged with a violation of Title XVIII, United States Code, Sections 1341 and 1342, to wit, the use of the mails in a scheme to defraud. Following a trial, Respondent, on January 28, 1981, was found guilty as charged of the offense of the use of the mails in a scheme to defraud and was committed for imprisonment for a period of eighteen (18) months and ordered to pay a fine to the United States in the amount of $12,000.00. (Petitioner's Exhibits 2 and 3 and testimony of Postal Inspector John Muhelberg.) Respondent appeared through counsel; however, no evidence was offered by Respondent in defense of the charges after Petitioner's case in chief.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Respondent's License No. 0150824 to practice real estate as a salesman be REVOKED. RECOMMENDED this 18th day of August, 1982, 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 18th day of August, 1982.
Findings Of Fact Respondent has been licensed by the Florida Real Estate Commission for approximately 12 years and currently holds a license as a broker-salesman. Respondent was arrested and charged, with three other men, with various crimes involving stolen property. The information contained 20 counts. With the advice of counsel, Respondent entered into a negotiated plea of nolo contendere of Count V alleging Respondent and Grantham (Respondent's brother-in- law) trafficked in stolen property, to wit: a Hurricane boat and motor. All other charges were dismissed, adjudication of guilt was withheld and Respondent was placed on probation for a period of two years. The other 19 charges in this information generally involved stealing several tractors and other heavy equipment by two of the defendants with Respondent and Grantham initiating, organizing, planning, financing, and supervising the theft and sale of such property. The negotiated plea which is part of Exhibit 2 states: The Defendant and State agree and recommend to the Court an appropriate disposition of the plea [of nolo contendere] is the withholding of adjudication of guilt and the placing of the Defendant on probation for a period of time to be determined by the Court. The remaining charges against Defendant will be dismissed. Respondent testified that he was not guilty of any offense charged against him but could not afford tie legal fees of $30,000 he was quoted to defend the charges. He pleaded nolo contendere to only one charge knowing he would be placed on probation only. Respondent has been employed by the telephone company for 27 years and was so employed as a supervisor at the time of his arrest. Respondent's Version of the events preceding his arrest is that a fellow employee of the telephone company sold his boat and was in the market for a replacement. This was generally known by the other employees at the telephone company. Respondent mentioned this fact to his brother-in-law, Grantham, who lives in Crystal River, in case he was aware of a suitable boat for sale. Grantham later told Respondent he knew of a boat for sale and Respondent referred Grantham to the fellow employee and had no further connection with the transaction which apparently resulted in the sale of a stolen boat. Respondent, as a telephone company employee, was allowed free telephone service. Grantham visited Respondent frequently during this period and used Respondent's telephone to make long distance telephone calls. Tapping of this telephone by authorities while being used by Grantham apparently led to evidence linking Grantham to the ring trafficking in stolen property. No evidence was presented regarding the disposition of the charges against the other three defendants. William Perryman, a licensed real estate broker, has known Respondent for some 12 years and holds Respondent's license. Respondent has a good reputation for truth and veracity in the community, and Perryman would trust Respondent in any business transaction. Perryman does not believe Respondent could have committed the offenses of which he was charged.
Findings Of Fact Petitioner, Keith T. Loggins, on August 13, 1982, under oath, signed an application for licensure as a real estate salesman of the Florida Real Estate Commission. This application was filed with the Florida Real Estate Commission on September 1, 1982. Question 6 on that form states: 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? to which he answered, "No." This answer was false. Petitioner was arrested by the Orange County Sheriff's Office on November 14, 1972, on a charge of grand larceny in connection with a burglary and breaking and entering. Pursuant to a plea of guilty, he was placed on probation for five years. On May 23, 1974, Petitioner was arrested by the Osceola County Sheriff's Office on a charge of embezzlement, but was not tried, and the case was dropped. Petitioner denies any knowledge of possible grounds for this arrest. In May, 1975, Petitioner was convicted of a probation violation, and his probation was modified to include four months' confinement in county jail, and five months later, he was arrested for grand theft by fraud on insufficient fund check, convicted of grand larceny, and sentenced to serve five years in Florida State Prison. Thereafter, on August 6, 1975, Petitioner was convicted upon his pleas of guilty in Circuit Court for Orange County, Florida, on two separate cases involving obtaining property by worthless check written in March, 1975, one a felony count and one a misdemeanor count. He was sentenced to four years' imprisonment on the felony and one year on the misdemeanor, the terms to run concurrently. On September 29, 1975, he was placed on probation for seven years to start upon his release from prison, which took place on August 1, 1978. His probation, which should have run to the end of July, 1985, was, however, terminated, and Petitioner was discharged on October 20, 1982, almost three years early because of the recommendations of his probation officer, Connie Reed, with the approval of her supervisor, Mr. Charles L. Steen. Since his release from prison in August, 1978, Petitioner has held numerous jobs ranging from that of a laborer to that of assistant manager of a motel. In each instance, he left the position of his own volition to improve his income or working hours. He has never been fired nor have there ever been any complaints about his work. He has held positions of trust and of responsibility and in several cases has had the requirement to handle, unsupervised, substantial sums of money. No shortages were discovered. In his last two positions, Petitioner has been a salesperson of time- sharing resort condominiums, as a salaried employee of the developer. He is very cautious in his approach and delivery to prospects because of the close scrutiny given this type of operation. Both his current and a prior supervisor indicate he has performed his duties satisfactorily, and they have not received any complaints about the Petitioner. Petitioner was quite frank about his past when interviewing for the positions and in no sense tried to hide his criminal record. In both jobs, Petitioner has handled funds of the company, and there has not been any indication of trouble or shortage. Petitioner wants the license to sell real estate because it would open the door for him to a much greater earning potential. In his current job, for example, he has earned $600 in the month he has been there. Had he had a salesman's license and been on a commission basis, his earnings would have been much higher. Additionally, receiving the license would give him a certain amount of status and an ego boost, especially after the way he started his adult life. Both Ms. Reed and Mr. Steen, his former probation officials, feel Petitioner has been fully rehabilitated entirely through his own motivation and effort. His early offenses were when he was a young man and influenced by the use of drugs which he no longer uses. Since his release from probation he has had only two traffic citations, one for failing to stop at a stop sign, and one for failing to yield the right-of-way, resulting in an accident. When Petitioner's application for a license was first denied, he requested an informal hearing before the Commission, at which time he told the members he knew when he filled out the application form if he answered accurately, there was no way he would get his license. He now admits that answering falsely was the wrong thing to do. He understood the question, and his answer was what he intended to say and not an error. He answered falsely because the most recent arrest was seven years old, and his current life-style is completely different than his life-style then. His prior arrests and convictions in a moral sense, he feels, have no bearing on his present life, and he felt he had paid his debts to society. He now realizes that his answer to Question 6 should have been accurate and to falsify was a mistake.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Petitioner be denied licensure as a real estate salesman. RECOMMENDED this 19th day of April, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of April, 1983. COPIES FURNISHED: Richard H. Hyatt, Esquire 918 North Main Street Kissimmee, Florida 32741 Lawrence S. Gendzier, Esquire Assistant Attorney General Department of Legal Affairs 400 West Robinson Street Room 212 Orlando, Florida 32801 William M. Furlow, Esquire Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Mr. Harold Huff Executive Director Florida Real Estate Commission Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether the registration of Respondent Bernard C. Moskowitz should be suspended or revoked for having been guilty of state and federal crimes involving moral turpitude and fraudulent and dishonest dealing more particularly stated in the Administrative Complaint filed by the Florida Real Estate Commission on August 27, 1976. At the commencement of the hearing, Respondent was advised by the Hearing Officer as to his rights as a Respondent to present evidence, cross-examine witnesses and testify in his own behalf if he so desired. He was also advised as to his right to have counsel represent him at his own expense. He acknowledged his understanding of rights and elected to proceed in his own behalf.
Findings Of Fact Respondent is a registered real estate salesman, Certificate No. 36745, and was so registered at all times alleged in the Complaint. (Petitioner's Exhibit 1). On December 17, 1974, Respondent, in case styled United States of America v. Bernard Moskowitz, Docket No. 74-570-CR-PF, United States District Court for the Southern District of Florida, was found guilty on two counts of knowingly and intentionally distributing a controlled substance, to wit: dilaudid, a schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 841(a)(1). The two offenses were committed on or about October 13 and October 18, 1972, in Dade County, Florida. On February 28, 1975, Respondent was sentenced and thereafter was confined in the Federal Prison at Eglin Air Force Base, Florida, from November 14, 1975 to March 26, 1976. (Petitioner's Composite Exhibit 2). On July 11, 1975, after entering a plea of nolo contendere, Respondent was adjudged guilty of the criminal offense of extortion in Case No. 73-8508, State of Florida vs. Bernard Carl Moskowitz, in the Circuit Court of the Eleventh Judicial Circuit, Dade County, Florida, and was sentenced to be imprisoned by confinement at hard labor in the Dade County Jail for a term of twelve (12) months, to run concurrently with the sentence imposed by the United States District Court, Southern District of Florida in Case No. 74-570-CR-PF, provided that after having served six months of that sentence, the remaining six months to be stayed and withheld and Respondent to be placed on probation and released into the custody of the Florida Probation and Parole Commission for a period of two years. (Petitioner's Exhibit 3). Respondent testified as a witness at the hearing and presented various documents bearing upon the merits of his criminal trials. Respondent is currently on both federal and state probation. (Testimony of Respondent, Respondent's Exhibit 1 through 8).
Recommendation That the registration of Respondent Bernard C. Moskowitz as a real estate salesman be suspended for a period of one year under the authority of Section 475.25(1)(e), Florida Statutes. DONE and ENTERED this 31st day of December, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM 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 31st day of December, 1976.
Findings Of Fact Charles E. Richmond applied for registration as a real estate salesman in 1971, filing his application dated December 23, 1971, and received by the agency on December 30, 1971, said application being received as Exhibit 1. In 1974, Richmond applied for registration as a broker-salesman filing an application with the agency, said application being introduced as Exhibit 2. The charges in the Administrative Complaint relate to alleged fraud and concealment in these applications. The basis for the charges contained in paragraphs 7 and 8 of the Complaint was that Richmond's 1974 application apparently indicates a traffic violation received in 1971, which had not been reported in the 1971 application. The Hearing Officer finds that regarding the allegations, there were seven days remaining in 1971 after the preparation of Richmond's application within which time Richmond could have received the ticket referred to in the 1974 application. However, more importantly, the 1974 application indicates on its face some doubt, in the applicant's mind regarding the year in which the ticket was received. Richmond qualified his response in the 1974 registration relative to the date the first ticket was received. The Florida Real Estate Commission has not presented any evidence to factually resolve the question. The Hearing Officer finds there is no conflict between the 1971 and 1974 application, no proof of any evasion regarding the tickets, and certainly no proof of the actual failure to reveal a traffic offense on the 1971 application. Paragraphs 8(a) and 9 charge that in 1974 Richmond concealed the fact of his arrest and plea to contributing to the delinquency of a minor in 1972. The Florida Real Estate Commission alleges that said concealment shows that Richmond lacks the necessary qualifications of honesty, truthfulness, trustworthiness and good character required by Section 475.17(1), Florida Statutes, and that Richmond obtained both his registrations as a salesman and as a broker-salesman by means of fraud, misrepresentation, and concealment in violation of Subsection 475.25(2), Florida Statutes. Regarding the contention that Richmond received his 1971 registration a salesman by fraud and misrepresentation, there is no evidence that Richmond falsified any portion of his 1971 application. The arrest and plea to contributing to the delinquency of a minor did not occur until 1972, and the question of the traffic violation was dealt with above. Concerning concealment on the 1974 application, the Florida Real Estate Commission introduced Exhibits 1, 2, 3, and 4 which show Richmond's registration as a salesman and broker-salesman and his arrest and plea to an offense against the laws of Florida. Richmond testified that his arrest had been upon the complaint of a co-worker of his when he attempted to assist the co-worker's daughter, who had graduated from high school and who was working full time, move our of her parents' home into an apartment. Richmond stated that he had felt he was not guilty of any wrong doing but had entered a plea on the advise of Counsel and upon his representation that this would not become a matter of record. Richmond stated he knew that he had been arrested and had pled guilty to the charge of contributing to the delinquency of a minor, but felt that to report this on his application would record an incident which he felt was not of record. Richmond further indicated that he felt this was damaging to his reputation in the community, which apparently from the testimony of his employer, Earlene Cooper Usry, was good. Richmond stated his concern specifically with regard to the effect knowledge of this incident would have on his activity as president of the local Little League, with which he had been associated approximately seven years.
Recommendation Wherefore, the Hearing Officer recommends that Richmond's registration as a broker-salesman be revoked with the observation that Richmond, although he did conceal information, did so for understandable reasons, and that some consideration should be given to allowing Richmond to be reinstated after a period of six months. Further, the Hearing Officer recommends that no action be taken regarding Richmond's salesman's license, the Florida Real Estate Commission having failed to allege any statutory basis for revocation or suspension thereof. DONE and ORDERED this 9th day of December, 1975. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Joseph A. Doherty, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Richard A. Langford, Esquire Post Office Box 868 Bartow, Florida 33830
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
Findings Of Fact Based on the evidence presented at hearing, the Hearing Officer makes the following findings of fact: Phillip S. Wong is a convicted felon. On December 6, 1982, after entering a plea of guilty, he was adjudicated guilty of one count of each of the following crimes: aggravated assault with a deadly weapon without intent to kill, in violation of Section 784.021(1)(a), Florida Statutes; false imprisonment, in violation of Section 787.02, Florida Statutes; burglary of a dwelling during which an assault was made, in violation of Section 810.02, Florida Statutes; conspiracy to commit a felony, to wit: trafficking in cocaine, in violation of Sections 777.04 and 893.135, Florida Statutes; trafficking in cocaine, in violation of Section 893.135, Florida Statutes; and possession of cocaine with the intent to sell, in violation of Section 893.13, Florida Statues. For these offenses, all of which were committed in August of 1982, Wong received five 1/ separate three-year sentences of imprisonment that ran concurrently with one another. As a prisoner, Wong's conduct was exemplary. Accordingly, in May, 1984, he was placed in a work release program. He completed serving his sentence in September, 1985. Since his return to the community, Wong has married and become a father. To help support his family, he works as a chef in a French restaurant, a position he has held for the past four and a half years. Wong is now a dedicated family man concerned about the welfare of his wife and their two and a half year old child. This concern has prompted him to seek a career in real estate so that he will be better able to provide for his family.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a Final Order denying Petitioner's application for licensure to practice as a real estate salesman, without prejudice to Petitioner filing a subsequent application when he is able to show that his rehabilitation is sufficiently complete to entitle him to such licensure. See Karl v. Florida Real Estate Commission, 229 So.2d 610, 611 (Fla. 3d DCA 1969)(Commission may not preclude an applicant whose application has been denied because of a prior felony conviction from reapplying for licensure and showing subsequent rehabilitation). DONE and ENTERED this 10th day of April 1989, in Tallahassee, Leon County, Florida. STUART M. LERNER 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 10th day of April, 1989.
The Issue The administrative complaints allege that John Maxfield failed to pay an appraiser for his work, he failed to maintain an office and sign at the address listed with the Florida Division of Real Estate, he failed to maintain trust funds in an escrow account, and he failed to release security deposits of tenants, in violation of Chapter 475, Florida Statutes and rules of the Florida Real Estate Commission. The issue for determination is whether these violations occurred and, if so, what disciplinary action against Maxfield's license is appropriate.
Findings Of Fact At all times relevant to the complaint, John R. Maxfield, was licensed by the State of Florida as a real estate broker-salesman, with license number 0130663. Michael Chambers is a real estate appraiser in Winter Park, Florida. Around August 1986, he was retained by Maxfield to conduct appraisals of some apartment complexes and a duplex. An associate of Maxfield's met Chambers at the property to give him access for the appraisals. After the appraisals were done, Maxfield failed to pick them up as he had agreed. Chambers went by the office listed on the business card given to him by Maxfield's associate, but could not find the office. He later found the office, but Maxfield's secretary did not have the payment for him. To date, Maxfield still has not paid the $600.00 appraisal fee, in spite of Chambers' several demands. From 1983 or 1984, until October 1986, Maxfield was the trustee of a land trust with several investor beneficiaries. Hideaway Delaney Apartments in Orlando, Florida is a property owned by the trust. Maxfield was the manager of the property until October 1986. He was relieved of his duties when the beneficiaries learned that other trust property was being foreclosed. While manager of the property, Maxfield received tenants' deposits through his agents, various resident managers. He never released those deposits to the trust beneficiaries, to the successor manager, John Capone Realty, or to the tenants, after he ceased serving as manager. The total amount of unaccounted for security deposits is $2245.00. In March 1987, in an interview with Maureen Harvey, a Division of Real Estate investigator, Maxfield admitted that he used the deposit money to off-set his own expenses. Earlier, in a civil action brought by some tenants seeking their deposits, Maxfield admitted that he owed the money and agreed to pay it. The deposit money remains unpaid. The administrative complaints allege that between October 1986 and March 1987, Maxfield failed to maintain an office and entrance sign at the business address he had registered with the Department of Professional Regulation. One complaint alleges the address as 103 Lucerne Circle, Orlando. The other complaint alleges the address as 203 Lucerne Circle, Suite 500, Orlando. Maxfield's license renewal forms indicate the address was 203 N. Lucerne Circle, Suite 500, Orlando. Assuming that the one complaint contained a typographical error, the testimony by DPR's witnesses did not clearly establish the dates they visited the premises and failed to find an office or sign. The investigator visited the address in April 1987, after the period alleged in the administrative complaints. Michael Chambers took photographs of the buildings on the site, much earlier in August 1986. As of June 1987, Maxfield's license renewal form lists his business address as Vistana Resort Development, Inc., 13500 State Road 535, Orlando, Florida.
Recommendation Based upon the foregoing, it is hereby RECOMMENDED: that a Final Order be entered, finding John R. Maxfield guilty of violations of Sections 475.25(1)(b), (d), and (k), Florida Statutes, suspending his real estate license for three (3) years, and thereafter placing him on probation for a period of two (2) years, under appropriate conditions to be established by the board. DONE AND RECOMMENDED this 26th day of February, 1988, in Tallahassee, Florida. MARY CLARK 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 day of February, 1988. COPIES FURNISHED: Steven W. Johnson, Esquire Department of Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 John R. Maxfield 9100 Meadowcreek Drive #648 Orlando, Florida 32821 William O'Neil General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Darlene F. Keller Executive Director Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 =================================================================
Findings Of Fact At all times material to these proceedings, the Respondent was the holder of Florida real estate license number 0201688. The last license issued was as a nonactive broker with a home address of 2281 Euclid Avenues Fort Myers, Florida. On December 10, 1986, the Respondent entered a plea of guilty to the offense of obtaining a controlled substance by fraud in Case No. 861034CF in the Circuit Court of Lee County, Florida. The crime did not involve any business dealings in which the Respondent was acting as a real estate salesman or broker. The Respondent did not notify the Petitioner in writing of his plea within the thirty-day period because he believed he had entered a plea to a misdemeanor, which was exempt from the reporting requirement of 475.25(1)(p), Florida Statutes. A letter from his attorney before the plea was entered reflected an intent to enter a plea to a misdemeanor, subject to acceptance by the court. On July 15, 1987, in Case No. 86-1790CF in the Circuit Court of Lee County, Florida, the Respondent entered nolo contendere pleas to uttering a forged instrument in Counts I, III, V, VII, IX, XI, and XIII and grand theft in Counts II, VI, VIII, X, XII, and XIV. These charges involved personal business affairs and did not involve misconduct by the Respondent as a real estate salesman or broker. The Respondent notified the Florida Real Estate Commission of his adjudication of guilt for the grand thefts and the utterings of forged instruments in Case No. 86-1790CF by letter dated August 7, 1987. There are no specific findings of mitigating or aggravating circumstances as none were presented during the hearing of this case.
The Issue Whether or not the Petitioner, Barbara A. Story, is eligible to sit for the Florida Real Estate Commission's licensure examination.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, post-hearing memoranda and exhibits, and the entire record compiled herein, the following relevant facts are found. On or about July 26, 1981, Petitioner, Barbara A. Story, filed an application for licensure as a real estate salesperson with the Respondent, Department of Professional Regulation, Board of Real Estate. By letter dated September 28, 1981, Randy Schwartz, Respondent's counsel, advised Petitioner that the Respondent, at its duly noticed meeting of September 23, 1981, denied Petitioner's application for licensure. That letter recited that the specific reason for the Respondent's actions was baked on Petitioner's answer to question six (6) on the licensing application and her criminal record. In this regard, evidence reveals and Petitioner's application reflects that Petitioner was convicted in the Southern District of Florida (West Palm Beach), on September 8, 1978, of embezzlement of monies from a bank, in violation of Title XVIII, United States Code, 656. Petitioner was sentenced by the Honorable C. Clyde Atkins on that date, pursuant to the split-sentence provision of Title XVIII, United States Code, 3651, in that she was to be confined in a jail-type institution for a period of one (1) month, and thereafter, the remainder of the sentence of confinement [one (1) year] was suspended. Upon discharge from incarceration, Petitioner was to be placed on probation for a period of five (5) years under the special condition that she make restitution for the monies embezzled. Jurisdiction of that case was transferred to the Middle District of Florida, and on March 29, 1982, Petitioner was terminated from probation supervision. Robert E. Lee, a chief U.S. probation officer, who supervised petitioner while she was under the supervision of the subject office as a probationer, indicates that Petitioner reflected a favorable attitude toward her probation officer, remained gainfully employed and abided by all the rules of probation. Petitioner has never been arrested since her conviction in 1978, and has received only one (1) traffic citation during December of 1981. Petitioner has been continuously employed since her conviction and is presently a secretary/receptionist where she is in charge of and controls office business for Mobile Craft Wood Products in Ocala, Florida. Petitioner has been in charge of processing cash sales for the past four (4) years. Petitioner is presently making restitution to the savings and loan association that she embezzled. Charles Demenzes, a realtor/broker who owns Demenzes Realty Inc., has known Petitioner approximately one (1) year. Mr. Demenzes spoke highly of Petitioner and was favorably impressed with her desire to become licensed as a real estate salesperson. Mr. Demenzes is hopeful that Petitioner will be afforded an opportunity to sit for the licensure examination such that she can join his sales force, if she successfully passes the examination. Respondent takes the position that Petitioner, having been convicted of the crime of embezzlement, which involves moral turpitude and therefore is ineligible to sit for the Respondent's licensure examination. In this regard, counsel for Respondent admits that the Board, when acting upon Petitioner's application for licensure, did not consider the fact that Petitioner has been released from probation supervision inasmuch as that factor did not exist at the time Petitioner made application for licensure. Character letters offered by Petitioner were highly complimentary of Petitioner's reputation and abilities as an employee. (Petitioner's Composite Exhibit No. 1.)
Recommendation Based on the foregoing Findings of Fact and Conclusions of law, it is hereby RECOMMENDED: That the Respondent enter a final order granting Petitioner's application for licensure as a real estate salesperson. DONE and ENTERED this 13th day of October, 1982, 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 13th day of October, 1982.
