Findings Of Fact The Petitioner is an agency of the State of Florida responsible for licensing and regulating real estate salesmen in the State of Florida. The Respondent, George Chaconas, at all times pertinent hereto, was, and still is, the holder of a Florida real estate salesman license, number 0402455. The Respondent was convicted on February 2, 1988, of conspiracy to distribute cocaine, a felony. The Respondent was convicted in United States District Court, District of Baltimore. On April 15, 1988, the Respondent was sentenced to fifteen years imprisonment. The Respondent is presently serving his sentence in the Federal Correctional Institute located in Tallahassee, Florida. By letter dated February 29, 1988, from the Respondent's counsel, the Petitioner was informed of the Respondent's conviction. The Respondent's conviction is currently on appeal. Mitigating circumstances in this case include the following: (1) the evidence failed to prove that the Respondent's violations harmed real estate consumers or the real estate public; (2) there are two counts in the Administrative Complaint; (3) this is the first time the offense has been committed; (4) no disciplinary action has been taken against the Respondent in the past; (5) the Respondent was not on probation or under suspension at the time the violations occurred; (6) the real state business will be the Respondent's only source of income when he is released from incarceration; and (7) the Respondent has not received a letter of guidance.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's license as a real estate salesman by revoked; provided, that if the Respondent's conviction is reversed on appeal, his license as real estate sales can be reinstated. DONE and ENTERED this 29th day of August, 1989, in Tallahassee, Florida. LARRY J. SARTIN 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 29th day of August, 1989. COPIES FURNISHED: Arthur R. Shell, Jr. Senior Attorney Department of Professional Regulation Division of Real Estate Legal Section Post Office Box 1900 Orlando, Florida 32802 George Chaconas Federal Correctional Institute Capital Circle #07593-018, PMB 1000 Unit B/X Tallahassee, Florida 32301 Kenneth Easley, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32390-0729 Darlene F. Keller Division Director Department of Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando Florida 32802
Findings Of Fact Respondent Robert C. Beers holds teacher's certificate No. 448007. Petitioner's Exhibit No. 1. He is qualified to teach in elementary education and specific learning disabilities programs. The teacher's certificate expires on June 30, 1982. Since 1979, respondent has taught specifically learning disabled students at John Gorrie Junior High School in Jacksonville. By all accounts, he is an enthusiastic and highly effective teacher. On or about November 12, 1979, respondent went to a K-Mart store with a pair of boots. His fiancee (on whose account he had moved to Jacksonville) had given him the boots, before their affiance ended. Perhaps brooding over this turn of events, respondent entered the store, put his still-new boots down on a counter, and picked up a pair of track shoes. He told a clerk that the boots had been purchased at K-Mart, when, in fact, they had not been. He was arrested on the spot. An information charging respondent with petit theft of the track shoes, in violation of Section 812.014, Florida Statutes (1979), was filed on November 21, 1979. Petitioner's Exhibit No. 2 (Case No. 78-48015MM). On a plea of nolo contendere to this second-degree misdemeanor, respondent was adjudicated guilty and a $50 fine was imposed on December 18, 1979. Petitioner's Exhibit No. 2. After his arrest on charges of stealing the track shoes, two outstanding capiases were discovered. In each instance, the underlying charge against respondent was that he had obtained property with worthless checks. In both cases, respondent has made restitution and in both cases, the checks were for "small amounts." An information charging him criminally in connection with one of the checks was filed on August 28, 1979. Petitioner's Exhibit No. 3 (Case No. 79-35645MM). On a plea of nolo contendere, respondent was adjudicated guilty of violating Section 832.05, Florida Statutes (1979), a second-degree misdemeanor, and fined $25, on December 18, 1979. Petitioner's Exhibit No. 3. There was no indication in the evidence that any student had knowledge of respondent's legal difficulties, or that the partial disclosures made by respondent himself to fellow teachers had in any way diminished his effectiveness as a teacher. Since his misdemeanor convictions, he has served as sponsor for the school annual, in the course of which he was responsible for several thousand dollars. In preparing the foregoing findings of fact, the hearing officer has had the benefit of petitioner's proposed recommended order, and the proposed findings of fact have been adopted in substance.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner suspend respondent's license for thirty (30) days. DONE AND ENTERED this 14th day of July, 1982, in Tallahassee, Florida. ROBERT T. BENTON II Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of July, 1982. COPIES FURNISHED: L. Haldane Taylor, Esquire 1902 Independent Square Jacksonville, Florida 32202 Harris Brown, Esquire 1500 American Heritage Life Building Jacksonville, Florida 32202 Donald L. Griesheimer, Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301 =================================================================
The Issue Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaint?
Findings Of Fact On April 18, 1988, the United States District Court for the Western District of North Carolina accepted respondent Robert Gary Hanger's written plea of guilty to an indictment charging him both with conspiracy to unlawfully possess with intent to distribute and with actually distributing 30 kilograms of cocaine "a Sch. II narcotic controlled substance in violation of Title 21, USC, Sections 841(a)(1) & 846 as charged in count 2 of the bill of indictment." Petitioner's Exhibit Number 2. On July 14, 1988, respondent filed an application for a real estate salesman's license. In response to question No. 6 on the application, he reported his arrest and guilty plea to petitioner. Nevertheless, on December 10, 1988, petitioner granted his application and issued the license. On December 19, 1988, Robert D. Potter, Chief Judge, United States District Court for the Western District of North Carolina, adjudicated the respondent guilty and pronounced sentence of 60 months' incarceration to be followed by three years' probation. Later that day Mr. Hanger came into physical possession of the real estate salesman's license for the first time. By letter petitioner received on January 3, 1989, respondent gave notice of his conviction and sentence. Petitioner's Exhibit No. 4. At the time of the hearing Mr. Hanger was incarcerated at a federal prison on the Eglin Air Force Base Reservation.
Recommendation It is, accordingly, and in keeping with Rule 21V- 24.001(l) and (t), Florida Administrative Code. RECOMMENDED: That petitioner suspend respondent's license until he successfully completes probation. DONE and ENTERED this 17th day of November, 1989, in Tallahassee, Florida. ROBERT T. BENTON, II 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 17th day of November, 1989. APPENDIX With respect to petitioner's proposed findings of fact Nos. 1 and 2, respondent did not yet hold a license when he pleaded guilty. Petitioner's proposed findings of fact Nos. 3 through 8 have been adopted, in substance, insofar as material. COPIES FURNISHED: Steven W. Johnson, Esquire Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32802 Robert Gary Hanger, #06948058 Federal Prison Camp Eglin Post Office Box 600 Eglin A.F.B., Florida 32542-7606
Findings Of Fact Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on January 11, 1978, in Cocoa, Florida. The following appearances were entered: Charles E. Felix, Orlando, Florida, for the Plaintiff, Florida Real Estate Commission; and Kenneth A. Studstill, Titusville, Florida, for the Defendants, Thomas L. Pittman and Pittman Real Estate, Inc. The Florida Real Estate Commission issued an Administrative Complaint against the Defendants on August 23, 1977. On September 12, 1977, the Defendants filed an election of rights form which constituted a petition for hearing. In accordance with the provisions of Section 120.57(1)(b)(3), the Commission requested that a hearing officer from the Division of Administrative Hearings be assigned to conduct the hearing. The final hearing was scheduled by notices dated October 19, 1977 and November 2, 1977. At the final hearing the Commission called Gary W. Brandt, a registered real estate salesman, as its only witness. The Defendants called Virginia Laver, a former employee of Defendant Pittman Real Estate, Inc., and the Defendant Thomas L. Pittman. Hearing Officer's Exhibits 1-3, and Petitioner's Exhibits 1 and 2 were offered into evidence and were received. There were conflicts in the testimony of certain of the witnesses. In resolving these conflicts due regard has been given to the credibility of the witnesses as evidenced in part by the demeanor of the witnesses at the hearing, and in part by the extent to which the witnesses' testimony has been corroborated by other evidence.
The Issue Whether Respondent committed the offenses described in the administrative complaint filed against him? If so, what penalties should be imposed by the Florida Real Estate Commission?
Findings Of Fact Based on the record evidence, the Hearing Officer makes the following Findings of Fact: Respondent was first licensed as a real estate salesman in the State of Florida on May 26, 1983. On March 31, 1985, his license reverted to involuntarily inactive status because of his failure to take the necessary measures to seek its renewal. As of June 26, 1989, he had made no effort to reactivate his license. By information filed May 22, 1986, in Palm Beach County Circuit Court, Respondent was charged with having committed various criminal acts in connection with a mortgage investment scam. Counts 3, 7, and 9 of the information contained the following allegations: [I]n the County of Palm Beach and State of Florida, on June 15, 1983, EDWARD E. DIAMOND, salesperson, offered for sale to FLORENCE PATRIANI a security to wit: an equal dignity mortgage and note which security was not registered as required by Chapter 517 of Florida Statutes, contrary to Florida Statutes 517.07 and 517.302, [I]n the County of Palm Beach and State of Florida, on July 18, 1983, EDWARD E. DIAMOND, salesperson, offered for sale to SAPENOFF and HARRIS, P.A., PROFIT SHARING ACCOUNT, a security to wit: an equal dignity mortgage and note which security was not registered as required by Chapter 517 of Florida Statutes, contrary to Florida Statutes 517.07 and 517.302, [I]n the county of Palm Beach and State of Florida, on January 21, 1984, EDWARD E. DIAMOND, salesperson, offered for sale to VINSON HARPER and MARJORIE H. HARPER, a security to wit: an equal dignity mortgage and note which security was not registered as required by Chapter 517 of Florida Statutes, contrary to Florida Statutes 517.07 and 517.302[.] On May 18, 1987, Respondent pled guilty to these three counts of the information. Adjudication of guilt was withheld and Respondent was placed on probation. The remaining charges against Respondent were dismissed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Florida Real Estate Commission enter a final order dismissing the instant administrative complaint against Respondent on the grounds of mootness. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 13th day of July, 1989. 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 13th day of July, 1989. COPIES FURNISHED: STEVEN W. JOHNSON, ESQUIRE DEPARTMENT OF PROFESSIONAL REGULATION 400 WEST ROBINSON STREET ORLANDO, FLORIDA 32801 EDWARD E. DIAMOND 5519 FAIRWAY PARK DRIVE BOYNTON BEACH, FLORIDA 33437 DARLENE F. KELLER DIVISION DIRECTOR FLORIDA DIVISION OF REAL ESTATE 400 WEST ROBINSON STREET POST OFFICE BOX 1900 ORLANDO, FLORIDA 32802
Findings Of Fact Petitioner here, Kenneth G. Bray, on May 31, 1983, filed an application for licensure as a real estate salesman in Florida with the Florida Real Estate Commission on its application form, which was received by the Commission on June 9, 1983. Received that same date was the addendum to the real estate salesman's application, signed by Petitioner, which, according to the form itself, is to be answered instead of Question 6 on the basic application form. Petitioner answered Question 6 on both forms. Question 6 on the basic application 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 includ- ing traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled? If yes, state details including the outcome in full. In answer to that question, Petitioner replied: D.W.I. Daytona Beach (Fined) 1982 1968 N.Y. Drugs, poss. larceny & sale (turned over to military) On the addendum filed the same date, the question asked is somewhat different, reading: 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? To this question, Petitioner answered with the same information as contained in the answer to Question 6 on the basic application form. A printout of Petitioner's Florida arrest record by the Florida Department of Law Enforcement dated June 29, 1983, reflects that Petitioner was arrested by officers of the Daytona Beach Police Department on November 28, 1982, for: Driving under the influence of liquor Possession of under 20 grams of marijuana Resisting an arresting officer without violence. Petitioner indicates all three offenses were part of the same incident and arrest, that he was fined for the offense of driving under the influence of liquor, and that the remaining two charges were dropped. Respondent offered no evidence to rebut this contention, and it is, therefore, found as fact that Petitioner was not convicted of either the marijuana offense or of resisting arrest. Petitioner admits these latter two allegations were not listed on either form at Question 6 because they were all a part of the same arrest and he was not convicted of either. Further, these two omitted offenses were less serious than those he did list, such as the 1960 drug offense when he was a 21- year-old military member and the DUI. At the time the applications were submitted, he was under some problem to get them in because of an impending test date, and he omitted those two offenses. Thereafter, he telephonically contacted a representative of Respondent Real Estate Commission in Orlando, a lady named Ruth (Clayton), to whom he explained his omissions. According to Petitioner, she told him to write a letter to the Commission outlining the offenses he omitted, and he contends he did so. He does not have a copy of his letter, however, nor was a copy offered by Respondent.
Recommendation Based on the above, it is RECOMMENDED that Petitioner, if otherwise qualified, be issued a license as a real estate salesman in Florida. RECOMMENDED this 3rd day of February, 1984, in Tallahassee, Florida. ARNOLD H. POLLOCK 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 3rd day of February, 1984. COPIES FURNISHED: Ralph Armstead, Esquire Assistant Attorney General Department of Legal Affairs 400 West Robinson Street Suite 212 Orlando, Florida 32801 Mr. Harold Huff, Director Division of Real Estate 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 Mr. Kenneth G. Bray 2617 South Atlantic Avenue Daytona Beach Shores, Florida 32018
Recommendation This case cane before the undersigned Hearing Officer, Division of Administrative Hearings on the Administrative Complaint by the Florida Real Estate Commission against the Respondent, Joyce H. Clemenz, charging her with being guilty of dishonest dealing, trick, scheme, device or breach of trust in a business transaction in violation of Subsection 475.25(1)(a), Florida Statutes. The charges in the Complaint stem out of allegations that the Respondent made personal long distance phone calls while employed as a real estate salesman. This case was noticed for hearing at the Offices of the Florida Real Estate Conssion, Coral Gables, Florida, and was heard on May 26, 1976. At that hearing the Respondent appeared and stated that she had not received Notice of Hearing, however, she waived the objection she might have had to that and agreed to proceed with the hearing. At that hearing the Real Estate Commission failed to present competent evidence which would support the statement of facts contained in the Information filed by the Real Estate Commission. One witness testified, Rose Marie George, an employee of the Magnuson Corporation, with whom the Respondent had been employee and to whom she is alleged to have charged these personal phone calls. Mrs. George stated that she receives the accounts payable for the Magnusom Corporation and that on several occasions makes note of unusually high telephone charges. She stated that she had been told that the Respondent had made some personal phone calls which were charged to the Magnusom Corporation. Mrs. George did not testify as to whether the Respondent made these telephone calls without permission or whether she had reimbursed the corporation for those calls. Furthermore, Mrs. George's testimony, except for that part which relates to her own responsibilities, was pure, unsubstantiated hearsay and cannot be the basis for any findings of fact relative thereto. See Subsection 120.58(1)(a), Florida Statutes. The only other item of evidence which the Real Estate Commission attempted to submit was a certified copy of the Judgment of the County Court for Dade County relating to the same transactions as described in the Administrative Complaint. The above exhibit was marked Petitioner's Exhibit No. 2 and was not admitted by this Hearing Officer for the reason that a Judgment in a civil action is not admissible in another proceeding to establish the truth of the allegations therein inasmuch as the Real Estate Commission produced no other evidence relative to this matter, it is the finding of this Hearing Officer that there was a complete absence of any substantial evidence which might support the truth of the allegations in the information filed by the Real Estate Commission and it is, therefore, RECOMMENDED that the Complaint issued in this matter be dismissed. DONE and ORDERED this 14th day of June, 1976, in Tallahassee, Florida. KENNETH G. OERTEL, Director Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Manuel E. Oliver, Esquire Florida Real Estate Commission 717 Ponce de Leon Boulevard Coral Gables, Florida 33134 Joyce H. Clemenz Post Office Box 431539 South Miami, Florida 33143
Findings Of Fact The Defendant, Theodore Michael Lakos, was at all material times, registered with the Florida Real Estate Commission as a real estate salesman. On or about April 20, 1976, a Second Amended Information was filed by the State Attorney for the First Judicial Circuit of Florida against Theodore Michael Lakos, and others in the Circuit Court of Escambia County, Florida. A copy of the Second Amended Information was received in evidence at the hearing as Plaintiff's Exhibit 2. On or about August 25, 1976, Theodore Michael Lakos withdrew his previous plea of not guilty of the charges, and entered a plea of nolo contendere to Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Amended Information. On or about November 9, 1976, Theodore Michael Lakos was adjudicated guilty of the charges alleged in Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Admended Information. Sentencing was stayed for a period of ten years, during which time the Defendant will be on probation under the supervision of the Florida Parole Commission. A copy of the Judgment and Sentence was received in evidence at the hearing as Plaintiff's Exhibit 4. In accordance with the Defendant's plea of nolo contendere, and the court's judgment, it is found that the Defendant, Theodore Michael Lakos, did knowingly, unlawfully and feloniously agree, conspire and confederate with others to commit the felony of breaking and entering, in violation of Sections 833.04 and 810.01, Florida Statutes, as charged in Count 1 of the Second Amended Information. It is found that the Defendant, between March 1, 1975, and up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny, in violation of Sections 833.04 and 811.021, Florida Statutes, as charged in Count 2 of the Second Amended Information. It is found that the Defendant between, on or about March 1, 1975, ad up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired and confederated with others to commit the felony of first degree larceny, in violation of Sections 833.04 and 806.01, Florida Statutes, as charged in Count 3 of the Second Amended Information. It is found that the Defendant, between on or about March 29, 1975, and up to and including on or about April 18, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny in violation of Section 833.04, and 811.021, Florida Statutes, as charged in Count 4 of the Second Amended Information. It is found that the Defendant, on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: breaking and entering, in that he aided, abetted, counselled, or otherwise procured others to unlawfully break and enter a dwelling house with intent to commit a felony, to wit: grand larceny in violation of Sections 776.011 and 810.01, Florida Statutes, as charged in Count 6 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled or otherwise procured as a principal in the first degree, the commission of a felony, to wit: grand larceny, in that he aided abetted, counselled, or otherwise procured others to unlawfully take, steal, and carry away certain property of the aggregate value of more than one hundred dollars, in violation of Sections 776.011 and 811.021, Florida Statutes, as charged in Count 8 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: first degree arson, in that he aided, abetted, counselled, or otherwise procured another to willfully and maliciously set fire to a dwelling house in violation of Sections 776.011 and 806.01, Florida Statutes, as charged in Count 10 of the Second Amended Information.
