The Issue The issue presented for decision herein is whether or not Respondent's real estate license should be disciplined based on conduct, set forth hereinafter in detail, which is specifically alleged in an Administrative Complaint filed herein dated June 24, 1987.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received and the entire record compiled herein, I make the following relevant factual findings. At all times pertinent to the charges herein, Respondent was the holder of a Florida Real Estate license and operated as a real estate broker. (Petitioner's Composite Exhibit 1 and Stipulation of the parties). On October 17, 1985, Respondent obtained four exclusive listing agreements from John S. Blosnick (Blosnick) for warehouses he owned located in Miami, Florida. (Petitioner's Composite Exhibit 2). Respondent was unable to find a buyer for the units and instead leased them to Jim Gardner and V.I.P Car Care pursuant to a business lease entered into on July 22, 1986. During the time, Blosnick was experiencing financial difficulties and needed someone to either purchase or lease the premises. The lease specified that Mr. Gardner would use the premises for the manufacture and repair of cars and boats. (Petitioner's Exhibit 3). During the fall of 1986, a company that Respondent was affiliated with and served as President, Reaction Marine, Inc., took over the rental units and began constructing boat hulls from fiberglass resin. At this time, Reaction Marine erected a sign outside the warehouses where it remained during the time of the instant hearing. (Petitioner's Exhibit 4). On January 6, 1987, Respondent's bookkeeper, a Mrs. Bryant, issued a check for payment of rent drawn on the account of Reaction Marine, Inc. to John Blosnick for $945.00. The check was subsequently returned for insufficient funds. That check remains unpaid as of the date of hearing. After Reaction Marine began occupancy of the Blosnick warehouses, Respondent and Jim Gardner had a dispute and Gardner is no longer affiliated with Reaction Marine. Respondent who owned the molds for boat manufacturing, continued to store the molds in the leased warehouses. During the time when Respondent obtained the exclusive listing agreement to sell the warehouses for Blosnick, they were good friends and Blosnick frequented Respondent's office and home two to three times per week. Respondent is an entrepreneur of sorts and owns three bars and various and sundry other businesses in the Miami area. Respondent and Blosnick often talked about different business ventures as Blosnick was interested in pursuing business ventures with Respondent. As early as the fall of 1986, Blosnick was aware that Respondent was affiliated with Reaction Marine, Inc., and that Reaction Marine thereafter occupied the subject warehouse. Respondent has offered to make good on the check which was returned for insufficient funds against the account of Reaction Marine, Inc., however that offer is contingent upon Blosnick's tender of the check to Respondent upon payment. Blosnick has requested that payment be made to a third party and has not offered to tender the check to that third party simultaneous with Respondent's tender of payment to make good on the returned check. Respondent has attempted to clean the floors of the warehouses by removing the resins, epoxys, and gel coats caused by Reaction Marine, Inc. This was done during January and February, 1987 by Respondent using the assistance of an acquaintance, Heather Rockcastle, who was involved with the cleaning of the warehouse and restoration of the floors to their original condition. The cleanup process took more than one day. In Respondent's second attempt to gain entry to the warehouses, Blosnick had hired a locksmith to change the locks and thereby prevented Respondent from gaining entry. The lease agreement entered into by Blosnick and VIP Car Care specifies that the property was to be used and occupied as a place for car and boat manufacture/repair. (Petitioner's Composite Exhibit 3). Pursuant to the terms of that business lease, VIP Car Care was authorized to assign or sublet the premises for the usage here which was consistent with the usage for which VIP Car Care leased the premises. (Petitioner's Composite Exhibit 3, first stipulation and condition of the business lease).
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: The Administrative Complaint filed herein be DISMISSED. RECOMMENDED this 11th day of May 1988, 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 11th day of May, 1988. COPIES FURNISHED: Steven W. Johnson, Esquire Contract Attorney DPR-Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Mark Weissman, Esquire Katz and Weissman 300 Aragon Avenue Suite 330 Coral Gables, Florida 33134 William O'Neil Esquire General Counsel Department of Professional Regulation 101 East Gaines Street Tallahassee, Florida 32301
The Issue Whether Respondent's real estate license should be disciplined by the Florida Real Estate Commission based upon the charge that the Respondent is guilty of having his license to practice law previously disciplined by the Florida Supreme Court, in violation of Section 475.25(1)(5), Florida Statutes (1997).
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, in particular Section 20.165, Florida Statutes; Chapters 120, 455 and 475, Florida Statutes; and, the rules promulgated pursuant thereto. Respondent, Ronald Thomas Spann, is and was at all times material to this matter a licensed Florida real estate broker, issued License No. 0399792 in accordance with Chapter 475, Florida Statutes. The last license as a broker was issued at Post Office Box 1799, Ft. Lauderdale, Florida 33302. On or about July 18, 1996, the Florida Supreme Court entered an order to disbar Respondent for a period of five years, for violation of numerous provisions of the Rules Regulating the Florida Bar. There were no allegations or evidence to show that the Respondent either committed an act related to a real estate transaction or is guilty of a substantive violation of any of the statutes or rules which govern the practice of real estate brokering in the State of Florida or in any other jurisdiction.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, and the argument of counsel, it is RECOMMENDED that the Florida Real Estate Commission enter a final order finding Respondent guilty of violating Section 475.25(1)(s), Florida Statutes (1997), as charged in the Administrative Complaint and that the Respondent be placed on probation for a period of two years under such terms and conditions as the Commission deems appropriate, including charging for the costs of prosecuting this matter. DONE AND ENTERED this 31st day of March, 1999, 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1999. COPIES FURNISHED: Ghunise Coaxum, Esquire Division of Real Estate Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 James H. Gillis, Esquire James H. Gillis & Associates, P.A. 8424 Pamlico Street Orlando, Florida 32817-1514 James Kimbler, Acting Division Director Division of Real Estate Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 William Woodyard, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact The Petitioner has alleged that the Respondent in Administering grants under the Comprehensive Employment and Training Act (CETA) failed to comply with the applicable rules and regulations. As a result thereof, a total of $6,503 was spent in violation of applicable rules and regulations. The findings of fact and conclusions of law of the Hearing Officer as set out in the Recommended Order are hereby accepted and adopted, except that the undersigned rejects the hearing officer's conclusion of law at paragraph two on page five of the recommended order. The undersigned concludes that according to applicable law the amount of $4,824 charged to the contract on account of the ineligible participant is not an allowable expenditure, and that Respondent is liable for the payment of that sum. It is further found that Respondent did not present adequate evidence to refute the findings of its failure to comply with applicable regulations. WHEREFORE, it is Ordered: That Respondent immediately repay $6,503 spent in violation of applicable regulations. In the event either party disagrees with this determination, an appeal can be filed with Mr. Lawrence Weatherford, Regional Administrator, United States Department of Labor, 1371 Peachtree street, N.W., Room 405, Atlanta, Georgia 30309. The provisions pertaining to the appeal process, 20 C.F.R. 676.88 et. seq., are attached hereto. Dated this 27th day of, 1982 in Tallahassee, Leon County, Florida. CHARLES R. RUSSELL, Director Division of Employment and Training COPIES FURNISHED: Frances Jackson Box 70 Live Oak, Florida 32060 Chad Motes Suite 131, Montgomery Building 2562 Executive Center Circle East Tallahassee, Florida 32301 Henry Warren Internal Audit Division of Employment and Training Atkins Building 2562 Executive Center Circle East Tallahassee, Florida 32301 Donald R. Alexander Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 ================================================================= AGENCY AMENDED FINAL ORDER ================================================================= STATE OF FLORIDA DIVISION OF EMPLOYMENT AND TRAINING DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF EMPLOYMENT AND TRAINING, Petitioner, vs. CASE NO. 82-882 SUWANNEE RIVER ECONOMIC COUNCIL, INC. Respondent. /
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent repay $1,654 in questioned costs under Contract No. 80ET-86-03-71-17-021. The questioned costs pertaining to Contract No. 79MP- 2U-03-44-17 should be allowed. DONE and ENTERED this 25th day of June, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER 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 25th day of June, 1982. COPIES FURNISHED: Chad J. Motes, Esquire Suite 131-Montgomery Building 2562 Executive Center Circle, East Tallahassee, Florida 32301 Frances Jackson Post Office Box 70 Live Oak, Florida 32060 Wallace E. Orr, Secretary Department of Labor and Employment Security 206 Berkley Building 2562 Executive Center Circle, East Tallahassee, Florida 32301 ================================================================= AGENCY FINAL ORDER ================================================================= STATE OF FLORIDA DIVISION OF EMPLOYMENT AND TRAINING DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF EMPLOYMENT AND TRAINING, Petitioner, vs. CASE NO. 82-882 SUWANNEE RIVER ECONOMIC COUNCIL, INC. Respondent. /
The Issue The issue in this case is whether Petitioner should be allowed to take the examination for licensure as a life and health insurance agent in the state of Florida despite the fact that Petitioner conducted business in this state as a life and health agent under a nonresident license when in fact he was a resident of Florida, and after his Virginia resident license had been canceled.
Findings Of Fact Petitioner filed an application with Respondent for examination and licensure as an ordinary life and health insurance agent on or about February 24, 1986. His application indicates he is a resident of Florida, and had been a resident for one year and three months at the time he filed his application. In response to a question about licensure in other states, the application states, "License in Virginia 1976 to present." From November, 1984 until April 25, 1986, Petitioner conducted business as an ordinary life and health insurance agent in the State of Florida under a nonresident license issued to him in November, 1984. During this time, he sold one hundred and twenty-five insurance policies in the State of Florida on a full- time basis, and there is no evidence he sold any policies in Virginia. On his application for nonresident licensure in October, 1984, Petitioner indicated he was licensed in Virginia, and would be active in the insurance business in Florida for two months per year. Petitioner was licensed as a life and health insurance agent in Virginia from April 13, 1979 to July 9, 1985, at which time his license was canceled without prejudice for nonpayment of required annual renewal fees. Since November, 1984 Petitioner has resided permanently in the Tampa area, although when he initially arrived in Florida he did not know if he would remain permanently. At all times material hereto, Petitioner has worked as an insurance agent for Mutual of Omaha Insurance Company. From November 24, 1984, he worked out of the company's Tampa office, and prior to that time he worked out of their office in Roanoke, Virginia. Mutual of Omaha transferred company records regarding Petitioner to Tampa on November 24, 1984. According to Petitioner, it was his understanding that the Roanoke office of Mutual of Omaha would take care of paying his annual license renewal fees in Virginia. Ken Boulden, Assistant Vice President for Licensing at Mutual of Omaha, confirmed that some of the company's local offices pay their agents' license fees, but this is not a general company policy, and he could not confirm whether this was the policy of the Roanoke office. It does not appear that Petitioner intentionally falsified his application of February 24, 1986 regarding his license status in Virginia. He first learned of the cancellation of his Virginia license on April 25, 1986, and up to that time assumed that Mutual of Omaha's Roanoke office was taking care of the payment of his annual renewal fees. Petitioner correctly completed his February 24, 1986 application by indicating he had been a resident of Florida for one year and three months. In view of this, however, Petitioner did not timely file his application for examination and licensure since he worked exclusively, and on a full-time basis, in Florida from November, 1984 to April 25, 1986 under a nonresident license. He has not conducted insurance business in Florida since April 25, 1986, pending the determination of this case. On or about August 5, 1986, Respondent notified Petitioner of its intent to deny his application for examination and licensure based upon the facts set forth above, and Petitioner timely filed his request for a hearing.
Recommendation Based upon the foregoing, it is recommended that Respondent enter a Final Order approving Petition's application for examination and licensure filed on or about February 24, 1986. DONE AND ENTERED this 11th day of December, 1986 in Tallahassee, Florida. DONALD D. CONN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32381 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of December, 1986. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 86-3723 Rulings on Respondent's Findings of Fact: 1,2. Adopted in Finding of Fact 2. Rejected as irrelevant and unnecessary, and outweighed by other competent substantial evidence. Adopted in Findings of Fact 2,4,5. COPIES FURNISHED: George Jesse Bailey 5505 Pine Forest Ct. #101 Tampa, Florida 33615 David G. Poucher, Esquire Department of Insurance and Treasurer Larson Building Tallahassee, Florida 32301 Honorable William Gunter State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, Florida 32301 Don Dowdell, Esquire General Counsel The Capitol, Plaza Level Tallahassee, Florida 32301 =================================================================
