The Issue The issue in this case is whether Respondent violated Section 475.25(1)(m), Florida Statutes (1995) (hereinafter, "Florida Statues"), by obtaining his real estate license by means of fraud, misrepresentation, or concealment.
Findings Of Fact Petitioner is the state agency responsible for regulating the practice of real estate. Respondent is licensed as a real estate sales person pursuant to license number 0626375. Respondent was last licensed as a sales person with a non- licensed owner located at 1510 Noble Street, Longwood, Florida 32750. Respondent submitted an application for license dated April 4, 1995. Question 9 on the application asked the applicant whether or not he or she has: . . . ever been convicted of a crime, found guilty, or entered a plea of nolo contendere . . ., even if adjudication was withheld. This question applies to any violation of the laws of any municipality, county, state, or nation. . . . Respondent answered "yes" to question 9. Under the section of question 9 that requires an applicant who answers yes to explain the answer, Respondent disclosed that he had been arrested for driving under the influence and that the matter was pending. Respondent did not disclose that he had any other criminal history. On August 20, 1987, Respondent pled nolo contendere to a charge of criminal mischief. He was placed on probation for one year. On May 11, 1979, Respondent was adjudicated guilty of the charge of indecent exposure. He was sentenced to jail for 15 days, ordered to attend counseling, and placed on probation. Respondent attested to the veracity of his answers to the questions in the application, including his responses to question 9. His signature was properly notarized. Respondent's failure to disclose his prior criminal history was a reckless or careless disregard of the truth of the matters asserted in Respondent's response to question 9. Respondent knew or should have known that his failure to disclose his prior criminal history was a material misstatement of fact. Petitioner relied on Respondent's sworn responses in his application when Petitioner issued a license to Respondent on June 16, 1995. One of the purposes of question 9 is to assist Respondent in assessing an applicant's propensity for honesty, trustworthiness, and good moral character. In relevant part, Section 475.17(1)(a) requires a licensee such as Respondent to be honest, truthful, trustworthy, and of good moral character.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission enter a Final Order finding Respondent guilty of violating Section 475.25(1)(m), revoking Respondent's license, and imposing an administrative fine in the amount of $1,000. DONE AND ENTERED this 6th day of May, 1998, in Tallahassee, Leon County, Florida. DANIEL MANRY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1998. COPIES FURNISHED: Henry M. Solares, Division Director Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802-1900 Lynda Goodgame General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Geoffrey T. Kirk, Esquire Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Jeffrey H. Stewart, pro se 1510 Noble Street Longwood, Florida 32750
The Issue The issue is whether Petitioner should revoke, suspend or otherwise discipline Respondent’s certification as a law enforcement officer pursuant to Section 943.1395(7), Florida Statutes.
Findings Of Fact Petitioner issued Certificate Number 91034 to Respondent on August 24, 1984. At all times material to this matter, Respondent worked as a patrolman for the City of Chiefland Police Department. During the last couple months of his active duty service, he was training to become a K-9 officer. In 1993, Petitioner issued a letter of guidance to Respondent and placed him on one year of probation after Respondent admitted that he had engaged in sex while on duty. On March 17, 1994, Henry W. Nicholson became Chief of Police in the City of Chiefland. In the summer of 1994, Michelle Hallman (formerly Michelle King) worked at ABC Pizza. She was eighteen years old at that time. On days that she was not working, Michelle sometimes went to ABC Pizza to help the other employees close up. On one such evening, Ms. Hallman met Respondent and Officer Hicks in the ABC Pizza Parking lot. They had a casual conversation in which Ms. Hallman joked that she would tell the Chief that Respondent had pinched her on the butt. Respondent laughed and replied that he would tell the Chief that Ms. Hallman dropped on her knees and begged. Respondent also told Ms. Hallman that he did not need that kind of trouble again. The Chief pulled into the parking lot while Ms. Hallman was talking to Respondent and Officer Hicks. The Chief needed to let Respondent know that he was not planning to go to K-9 training with Respondent that evening. About a month later, on June 10, 1994, Respondent was patrolling near a community center known as the Pine Land Center. He saw Ms. Hallman riding by in her car. He and Ms. Hallman pulled their respective cars into the parking lot of the community center and had another casual conversation. During this conversation, Ms. Hallman asked Respondent if he ever messed around. Respondent replied that because of his past problems he never went out with anyone unless the girl asked him. The next evening, June 11, 1994, Respondent began his shift at 6:00 p.m. He was scheduled to work a twelve hour shift. Early in the evening, Respondent saw Deputy Meeks, a deputy with the sheriff’s office. They agreed to eat supper together at the Subway around 11:00 p.m. As the evening progressed, Respondent answered several calls. Between 8:30 and 9:00 p.m. Respondent responded to a call involving a dog bite. After completing the matter involving the dog bite, Respondent saw Ms. Hallman at or near the Circle K. She told him she wanted to talk to him. They agreed to meet at a small public park known as Delma Lock. The park was near a school and a football field. A baseball game was in progress at a baseball field located between the Circle K and the park. The area of the park in which Respondent and Ms. Hallman met was dimly lit. Even so, Ms. Hallman felt like there were too many people around the park or driving by that might recognize her. Respondent suggested they go to the police station. Respondent parked his patrol car in front of the police station. When Ms. Hallman arrived she parked on the side of the building. They went in the side door and into Respondent’s office. There was no other person present in the building. Ms. Hallman told Respondent that she had been a witness to an automobile accident earlier in the day. Respondent and Ms. Hallman had been in his office just a few minutes when Deputy Meeks knocked on the back door of the police station. Respondent opened the door for Deputy Meeks who was ready to go to the Subway for supper. While Respondent and Deputy Meeks were eating their sandwiches at the Subway, Ms. Hallman came in to get a sandwich for a friend of hers. She carried on a brief conversation with Respondent. Sometime around midnight, Respondent spent a few minutes at the Midtown Jiffy visiting with a friend of his, Joan Schubert. From 12:46 to 12:56 a.m., Respondent checked on the alarm at the Senior Citizens Center. Respondent next saw Ms. Hallman near the Circle K. They agreed to meet back at the Delma Lock park. Once again there were too many people at the park for Ms. Hallman to be comfortable. Respondent suggested they meet at the Department of Transportation building. He told Ms. Hallman how to find the building. Ms. Hallman arrived at the designated building first. Respondent pulled into the driveway and told her to follow him. They drove behind the building and parked. Both of them got out of their cars. The area was well lit, but cars from the highway in front could not see what was going on. Respondent took off his gun belt and dropped his pants. Ms. Hallman dropped her shorts. They had sexual intercourse standing up and leaning against the trunk of Ms. Hallman’s car. After having sex, Respondent heard a radio call for Deputy Meeks to respond to a disturbance at Levy Norris’s house. The call originated around 1:35 a.m. The dispatcher explained that the Norris residence was across the road from the Catholic church and down an unpaved road beside Thompson’s garage. Respondent knew that Deputy Meeks was making the final loop of his patrol before going off duty at 2:00 a.m. Respondent was out of breath when he got to his radio. He called Deputy Meeks on the radio and asked him where he was coming from. Deputy Meeks replied that he was in Rosewood which was at least ten miles away. Respondent said that he was “right here at the church.” Respondent asked Deputy Meeks whether he should wait or go on to the Norris residence. Deputy Meeks told Respondent to go ahead and gave Respondent directions. Respondent left Ms. Hallman in the parking lot of the Department of Transportation building. She did not see him again. Respondent was enroute to the Norris residence by 1:38 a.m. He arrived on the scene at 1:42 a.m. It took him four minutes to get there. The Catholic church was used as a landmark to identify the road on which Levy Norris lived. It is located in the same vicinity as the Department of Transportation building where Respondent met Ms. Hallman. Later in June of 1994, Ms. Hallman went to Chief Nicholson to complain that another of his officers made derogatory comments about her which caused her to lose a prior job. Ms. Hallman said the same officer was attempting to get her fired from her current job by making derogatory remarks about her to her employer. In the course of investigating this complaint, Chief Nicholson learned that Respondent may have had an affair with Ms. Hallman. Chief Nicholson called Ms. Hallman and requested that she come to his office. At that meeting, Ms. Hallman denied that she and Respondent had sex. A day or two later, Ms. Hallman returned to Chief Nicholson’s office. She admitted that she had sex with Respondent. Respondent never included his interaction with Ms. Hallman in his duty log. Respondent gave sworn statements to Chief Nicholson on June 24, 1994 and July 1, 1994. When questioned, Respondent knowingly made false statements to mislead Chief Nicholson about his relationship with Ms. Hallman. Chief Nicholson concluded his internal investigation and decided to terminate Respondent’s employment. Chief Nicholson advised Respondent of his decision in a memorandum dated July 6, 1994 and received by Respondent’s counsel on July 25, 1994. The Chiefland City Commission, sitting as the City Personnel Review Board, conducted a hearing on August 29, 1997. Respondent’s employment with the City of Chiefland was terminated effective September 6, 1994.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law it is recommended that Petitioner enter a Final Order revoking Respondent’s law enforcement certification. DONE AND ORDERED this 8th day of April, 1997, in Tallahassee, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 8th day of April, 1997. COPIES FURNISHED: Paul D. Johnston, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302 Joan Stewart, Esquire 300 East Brevard Street Tallahassee, FL 32301-1218 A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, FL 32302 Michael Ramage, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302
Findings Of Fact On November 22, 1989, T. L. James & Company, Inc. was convicted of conspiracy to suppress and eliminate competition. This is a public entity crime. T. L. James executed a Public Entity Crimes Affidavit on July 24, 1994. On the affidavit T. L. James disclosed the conviction. Pursuant to Section 287.133, Florida Statutes, the Department of management Services (DMS) shall investigate public entity crimes to determine if the convicted company should be placed on the convicted vendors' list. After receiving the affidavit from T. L. James, DMS conducted an investigation and discovered mitigating factors as defined and listed in Section 287.133, Florida Statutes. These factors are: payment of fines and damages totalling $600,000, cooperation with the officials criminally investigating and prosecuting the case, cooperation with DMS' investigation, instituting safeguards in the bid estimation process to prevent further irregularities, and providing full and accurate notice. All other facts stipulated to by the parties pursuant to the Joint Stipulation previously filed in this case are hereby adopted and incorporated by reference.
The Issue Whether Respondent is guilty of having obtained a real estate license by fraud, misrepresentation, or concealment in violation of Subsection 475.25(1)(m), Florida Statutes (2004). Whether Respondent is guilty of failure to comply with Florida Administrative Code Rule 61J2-2.027(2), and, therefore, is in violation of Subsection 475.25(1)(e), Florida Statutes (2004).
Findings Of Fact Petitioner is the state agency charged with the responsibility and duty to prosecute administrative complaints pursuant to Section 20.165 and Chapters 120, 455, and 475, Florida Statutes (2004). At all times material, Respondent was a licensed Florida real estate sales associate, issued license number 3019284 in accordance with Chapter 475, Florida Statutes (2004). Petitioner has jurisdiction over disciplinary proceedings for the Florida Real Estate Commission (Commission). Petitioner is authorized to prosecute administrative complaints against licensees within the Commission's jurisdiction. On or about August 6, 2001, Respondent submitted to Petitioner an application for licensure as a real estate salesperson. Respondent signed a sworn affidavit on the application which indicated that Respondent carefully read the application, answers, and the attached statements, if any, and that all such answers and statements were true, correct, and complete to his knowledge without any evasions or mental reservations. Question 9 on the application asks: 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 a 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 another state, you are responsible for verifying the expungement or sealing to answering "NO." If you answered "Yes," attach the details including dates and outcome, including any 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 fully understand this question, consult with an attorney or the Division of Real Estate. Respondent marked the "Yes" box on the application in response to this question and provided insufficient or no explanation for the incidents in his criminal history. Respondent signed the "Affidavit of Applicant." Respondent's signature was duly notarized, and the application was submitted. Relying on Respondent's incomplete representations, Petitioner issued Respondent a Florida real estate salesperson's license. Petitioner subsequently performed a background check and discovered the following: In 1998, Respondent was adjudicated guilty of DUI. In 1987, Respondent was adjudicated guilty of possession of a controlled substance. In 1986, Respondent was adjudicated guilty of driving under the influence of liquor. In 1985, Respondent was adjudicated guilty of driving a motor vehicle while his license was suspended. In 1985, Respondent was adjudicated guilty of simple assault and battery. Respondent failed to include the above-mentioned adjudications on his application for licensure. Petitioner's Exhibits 2, 3, 4, 5, and 6 are copies of court documents demonstrating that Respondent was adjudicated guilty in each unreported offense. Respondent testified that he failed to report the adjudications until August 20, 2003. However, Respondent's reporting of the adjudications occurred after Petitioner discovered them and prompted Respondent to explain.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order declaring Respondent has been found guilty of violating Subsection 475.25(1)(m), Florida Statutes (2004), and Florida Administrative Code Rule 61J2-2.027(2), and, therefore, Subsection 475.25(1)(c), Florida Statutes, as charged in the Administrative Complaint, and suspending Respondent's license until June 30, 2005, and requiring that Respondent pay a $1,000 fine. DONE AND ENTERED this 1st day of June, 2005, in Tallahassee, Leon County, Florida. S WILLIAM R. PFEIFFER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 1st day of June, 2005. COPIES FURNISHED: James P. Harwood, Esquire Department of Business and Professional Regulation Hurston Building North Tower Suite 801N 400 West Robinson Street Orlando, Florida 32801 Michael G. Nichola, Esquire 800 North Ferncreek Avenue Orlando, Florida 32803 Leon Biegalski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Juana Watkins, Acting Director Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street, Suite 802, North Orlando, Florida 32801
The Issue Whether the Petitioner, Juan Ramon Leal, is entitled to be licensed as resident legal expense sales representative.
Findings Of Fact At all times material to the allegations of this case, the Respondent is the state agency charged with the responsibility of regulating persons seeking licenses to become resident legal expense sales representatives. As such the Respondent appropriately received and considered the application for licensure submitted by the Petitioner on or about April 3, 2002. On June 27, 2002, the Respondent issued its decision regarding the Petitioner's application for licensure. Such decision denied Petitioner's request based upon his criminal history and the short amount of time that had elapsed between the alleged criminal activity and the application for licensure. On July 6, 2000, when he was 20 years of age, the Petitioner was arrested for possession of a controlled substance, unauthorized possession of a driver's license, and carrying a concealed weapon. As to the controlled substance charge, at the time of the arrest, the Petitioner was delivering to an individual, who was a confidential informant for the police, 400 tablets of a drug commonly known as ecstasy. The Petitioner knew that the package contained an illegal substance and that he was committing an illegal act. As to the charge of possessing an unauthorized driver's license, the Petitioner held fake identification so that when carded at dance clubs he could enter with his older girlfriend. There is no evidence that the fake license was used for any other purpose. As to the charge of possession of a concealed weapon, the Petitioner was arrested and his vehicle was thoroughly searched. The "concealed weapon" was a hunting knife under the seat or in the crack of the seats. The knife was not presented in the course of any of the activities cited by the police. In fact, the arresting officer described the Petitioner as "sincerely remorseful" and "cooperative." Subsequent to his arrest the Petitioner attempted to assist the police but proved unsuccessful. On May 10, 2001, the Petitioner pled nolo contendere to the possession charges. As he had no prior criminal record, adjudication of guilt was withheld and he was placed on probation. The Petitioner successfully completed all requirements of his probation. Thereafter, on March 14, 2002, the probation was terminated. On April 3, 2002, within the month of his probation being completed, Petitioner applied for the license at issue in this proceeding. Because the Department denied the license, the Petitioner sought the instant administrative review of the denial and sought relief from the criminal court having jurisdiction over his probation and record. To that end, Petitioner obtained an Order to Seal his criminal records. This order was entered on August 15, 2002. Had the Petitioner waited until after that date to apply for licensure, the pertinent criminal records would have been under seal and therefore unavailable for review. It is the Department's position that the Petitioner lacks fitness and trustworthiness to hold the license based upon the nature of the criminal activity and the recentness in time to the application for licensure. The Petitioner's employer, Nicolo Bonanno, testified that the Petitioner is a trustworthy employee, that he has had business dealings with the Petitioner for approximately 3 years, and that he has no hesitation in supporting his licensure. Mr. Bonanno is himself a licensee through the Department. The arresting officer expressed complimentary statements regarding the Petitioner including his demeanor during and subsequent to the arrest.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Insurance enter a final order granting the license sought by the Petitioner. DONE AND ENTERED this 23rd day of January, 2003, in Tallahassee, Leon County, Florida. ___________________________________ J. D. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of January, 2003 COPIES FURNISHED: Honorable Tom Gallagher Chief Financial Officer Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Mark Casteel, General Counsel Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Eugene J. LaNeve, Esquire 717 Ponce de Leon Boulevard Suite 215 Coral Gables, Florida 33134 Ladasiah Jackson, Esquire Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333
The Issue The issue in the case is whether Marcella Taggart (Petitioner) was the subject of unlawful discrimination by Publix Super Markets, Inc. (Respondent), in violation of chapter 760, Florida Statutes.
Findings Of Fact Beginning in June 2007, and at all times material to this case, the Petitioner was employed as a systems analyst in the Respondent’s Information Technology (IT) department. The Respondent is a Florida corporation that operates a chain of grocery stores. The Respondent’s IT department is a high-security unit. A systems analyst working in the IT department has access to the Respondent’s financial and product pricing systems. Such an employee would also have access to some confidential human resources department data, including names, addresses, social security numbers, and banking information of the Respondent’s other employees. At the hearing, the Petitioner testified that some co- workers harassed her by repeatedly asking questions about her hair when she wore it in a braided hairstyle. The Respondent has adopted an explicit policy prohibiting all forms of harassment. In relevant part, the policy states as follows: The very nature of harassment makes it virtually impossible to detect unless the person being harassed registers his or her discontent with the appropriate company representative. Consequently, in order for the company to deal with the problem, offensive conduct or situations must be reported. The policy identifies a specific formal process by which an employee who feels harassed may lodge a complaint about such behavior. The Petitioner did not file a formal complaint about the alleged harassment related to her hairstyle. The evidence fails to establish that the Petitioner informally complained to the Respondent about such alleged harassment prior to her termination from employment. In April 2009, the Petitioner participated in a work- related meeting, during which the Petitioner perceived that she was treated by another female employee in a demeaning manner. The Petitioner reported the other employee’s behavior in an email to supervisor Terry Walden. The other employee wrote a similar email complaining about the Petitioner’s behavior at the meeting, and, according to the Petitioner’s email, the Petitioner was aware of the other employee’s report. Although the Petitioner now asserts that she complained that the incident was discriminatory, the Petitioner’s email, which was written at the time of the incident, does not state or imply that the incident was related to some type of discriminatory conduct by the other employee, or that the altercation was related to anything other than assigned work responsibilities. In May 2014, the Petitioner and a white male co-worker engaged in an office confrontation about assigned work responsibilities. Both the Respondent and the other employee separately reported the incident to supervisors. The Respondent investigated the incident and interviewed other employees who observed, but were not involved in, the confrontation. As a result of the incident, the Petitioner received a written memo of counseling on June 16, 2014, from supervisor Greta Opela for “poor interpersonal skills.” The memo reported that the Petitioner “consistently performed well in her position from a technical standpoint” but that she “has had ongoing associate relations issues.” The memo stated that the Petitioner was unable to work appropriately with other employees and that “many associates have requested not to work with her because of their previous interactions with her.” The memo noted that the Petitioner’s behavior towards her co-workers had been referenced in previous performance evaluations, as well as in direct discussions between the Petitioner and her immediate managers. In relevant part, the memo further stated as follows: Of concern, when coached or provided constructive criticism, Marcella is very unreceptive and often becomes defensive and deflects blame to others. Given Marcella has had interpersonal conflicts with numerous individuals, Marcella needs to recognize her role in these conflicts, take ownership for her actions, and work to correct her behavior. * * * Marcella must treat her fellow associates with dignity and respect. Also Marcella must take ownership for her actions and work to improve upon her relationships with her peers. Should Marcella fail to improve upon her interpersonal skills, she will be issued additional counseling, removed from her position, or separated from Publix. The Petitioner’s written acknowledgement of her receipt of the memo indicated that she disagreed with the assessment. The Petitioner asserts that the Respondent committed an act of discrimination against her because the Respondent did not issue a similar memo to the other employee. The evidence fails to support the assertion. The evidence fails to establish that the Respondent had any reason to issue a similar memorandum to the other employee, or that the other employee had a documented history of exhibiting “poor interpersonal skills” that could warrant counseling. There is no evidence that the June 2014 memo was related in any manner to the Petitioner’s race, color, sex, age, or was retaliatory. Although the memo was placed in the Petitioner’s personnel file, the Respondent took no adverse employment action against the Petitioner as a result of the memo or the underlying incident. On June 23, 2014, the Petitioner’s house, which she owned with her husband, was partially destroyed in a fire. The Petitioner had been called to the scene after the fire commenced, and was present as the structure burned. The fire and subsequent events resulted in an investigation by the State Fire Marshall’s Office. On April 1, 2015, the Petitioner informed supervisor Opela that the Petitioner had to go to the Hillsborough County Sheriff’s Office (HCSO) and was unsure whether she would return to work on that day. Thereafter, the Petitioner left the workplace and traveled to the HCSO where she presented herself for arrest on a felony charge of making a “false and fraudulent insurance claim.” After the Petitioner left her place of employment, Ms. Opela accessed an internet resource and learned of the pending charge against the Petitioner. Ms. Opela reported the information to her own supervisor, Ms. Walden, and to Susan Brose, a manager in the Respondent’s human resources department. Ms. Brose reviewed the available internet information, and then arranged with the Petitioner to meet upon her return to the workplace. At the hearing, Ms. Brose testified that the Respondent requires complete honesty from its employees, and that, according to the Respondent’s policies, dishonest of any kind is unacceptable and can result in termination from employment. Ms. Brose testified that she restates the requirement at the commencement of every personnel disciplinary meeting, and did so at the beginning of her meeting with the Petitioner, after which she asked the Petitioner to explain the situation. The Petitioner responded by stating that there had been a fire at the house, that there had been no insurance on the house, that her husband had filed a claim, and that she had asked the insurance carrier not to pursue the claim. The Petitioner denied to Ms. Brose that she had been arrested at the HCSO. Ms. Brose also spoke with William Harrison, a detective with the Florida Department of Financial Services, Division of Insurance Fraud. Mr. Harrison prepared and executed the Summary of Offense and Probable Cause Statement (Probable Cause Statement), dated December 4, 2014, which formed the basis for the Petitioner’s arrest on April 1, 2015. According to the Probable Cause Statement: the Petitioner was aware at the time of the fire that the homeowner’s insurance on the house had lapsed for non-payment of the premium; the Petitioner was present at the scene of the fire and became aware that the policy could be reinstated during the “grace period” by payment of the premium due, as long as the house had suffered no damage during the uninsured period; the Petitioner was warned at the scene of the fire by an employee of the State Fire Marshall’s office that the reinstatement of the lapsed policy without disclosing the damage could constitute insurance fraud; and the Petitioner was overheard on the phone at the scene of the fire having the lapsed policy reinstated. Ms. Brose became aware that, when having the lapsed insurance policy reinstated, the Petitioner executed a “Statement of No Loss” form that provided in relevant part as follows: I CERTIFY THAT THERE HAVE BEEN NO LOSSES, ACCIDENTS OR CIRCUMSTANCES THAT MIGHT GIVE RISE TO A CLAIM UNDER THE INSURANCE POLICY WHOSE NUMBER IS SHOWN ABOVE. After completing her review of the circumstances, Ms. Brose concluded that the Petitioner had been dishonest during their meeting. Ms. Brose recommended to Ms. Walden that the Petitioner’s employment be terminated because the Petitioner worked in a high-security unit of the IT department where she had access to confidential financial information and systems, the Petitioner had been arrested for fraud, and the Petitioner was not honest when asked to explain the circumstances. On April 13, 2015, Ms. Walden terminated the Petitioner’s employment as a systems analyst for the reasons identified by Ms. Brose. The Petitioner presented no evidence that the Respondent’s termination of her employment was related to the Petitioner’s race, color, sex, age, or in retaliation for any complaint of discrimination.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petitioner's complaint of discrimination. DONE AND ENTERED this 24th day of May, 2016, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 2016.
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against her, and, if so, what disciplinary action should be taken against her, if any.
Findings Of Fact At all times material hereto, Respondent has been a real estate salesperson in the State of Florida, having been issued license number 0611282. At all times material hereto, Respondent was employed by Steven J. David at Century 21 Tri City Realty, Inc., in Fort Lauderdale as a licensed real estate salesperson. Her duties were selling and leasing real estate and managing properties owned by her employer. She was paid a commission on transactions she handled. In November 1996, Mike Nickas began receiving late notices from various mortgage companies which held mortgages on properties owned by him and David. He and David began investigating how that could be. They discovered that Respondent had written seventeen checks totaling in excess of $8,000 during 1996 from the business accounts payable to "cash" or to herself and had forged Nickas' signature to those checks. Those payable to "cash" were endorsed and cashed by her. Respondent was not a signatory on those accounts. In order to hide her theft, Respondent wrote in the checkbook that each check was "void" or wrote false entries as to the amount of the check and the payee. Further, when the bank statements arrived at the business each month, Respondent removed the unauthorized checks from the envelope. Respondent was not authorized to sign Nickas' name to any of those checks. Further, Respondent was not authorized to write those checks payable to herself or to write them payable to "cash" and then cash them herself. When David and Nickas confronted Respondent with their discovery, she admitted that she had written the checks without authorization. Respondent's employment was terminated.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the allegations in the Administrative Complaint filed against her and revoking her license as a real estate salesperson. DONE AND ENTERED this 13th day of October, 1998, in Tallahassee, Leon County, Florida. LINDA M. RIGOT 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 13th day of October, 1998. COPIES FURNISHED: Steven W. Johnson, Esquire Department of Business and Professional Regulation Division of Real Estate 400 West Robinson Street, No. N 308 Orlando, Florida 32801 Stephen Post, Esquire 600 South Andrews Avenue Fort Lauderdale, Florida 33301 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Henry M. Solares, Division Director Department of Business and Professional Regulation Division of Real Estate 400 West Robinson Street Orlando, Florida 32802
