The Issue Whether petitioner should take disciplinary action against respondent for the reasons alleged in the administrative complaint?
Findings Of Fact Ronald Wesley Landen holds a teacher's certificate, Number 343976. Until his suspension on the strength of allegations like those in the administrative complaint, Mr. Landen taught horticulture at Rosenwald Junior High School, in Panama City, Florida. Suzi, who turned 15 in April of 1983, met Mr. Landen as a pupil in one of his classes. She spoke highly of her teacher all year. Mr. and Mrs. Landen took her to Tallahassee to see a play once. Mrs. Landen had not originally planned to make the trip. THE SUMMER OF '83 Mr. Landen worked at the school last summer administering a grant, with moneys from which he hired students, including Suzi who had graduated from junior high that spring, to assist him in caring for plants. A routine emerged in the summer of 1983: Mr. Landen called for Suzi mornings on his motorcycle. After work, he drove her to the resort on Panama City Beach where Suzi's mother worked, and where he sometimes lingered for long walks on the beach, hand in hand with Suzi. Suzi's mother grew suspicious, but her stepfather wasn't sure. THE BAT IN THE BACK OF THE HEAD Rifling through Suzi's effects one day, her parents came upon a letter respondent had written her. On lined, blue stationery, respondent, who was born May 20, 1944, had written: To Suzi I love you very much-I am lieing (spelling) here writing this by flashlight. I wanted to tell you-you have made me very-very happy this week-I hope I have made you just as happy. Somethings are working against me-such as like-lights, water-etc but all in all it is working out. I am very happy- just watch out for the bat in the back of the head. I love you-I hope you are feeling better. I don't want you sick. I hate weekends. I can't see you-I can't wait to see you in the morning & I hate to take you home in the afternoon. I want to be able to tell the world how I care about you. I wish you would not worry so much-Wes & Robert will learn to except everything in time. So much worring-is not good for you. I love both of my sons-I love you. They will love you in time. Any way they will be- with us very little. I do want us to do things together-I love you. Well I am going to close now Thank for happenist- (spelling) I love you Ronald Wesley. Petitioner's Exhibit No. 2. Printed script at the top of the stationery proclaims: Happiness means sharing bright new days, and happy thoughts with a friend." In the lower left corner a bouquet is depicted. The first time Suzi's stepfather saw Mr. Landen after reading this letter, they had a lengthy discussion. Mr. Landen stated, "Well, things just got carried away too far." (T. 20) Suzi's stepfather told Landen to stay away from her, which Landen agreed to do. At her parents' insistence, Suzi quit her job at school. A LETTER FROM FLORIDA Toward the end of the summer, Suzi and her family moved to Ohio, as they had been planning to do for some time. In Ohio, Suzi received mail from school friends in Florida. Her parents noticed Cheryl Lynn's return address, but never spotted respondent's. Nevertheless an unsigned letter from Landen to Suzi, dated "8/18/83" turned up: Suzi I sure was glad to hear you got to Ohio safe & sound. I prayed for my guardian angle to look out for you. Cheryl Lynn has been up here every day to help me. I am glad. She let me read your letter- hope you did not mine. There is a lot of things I want to say in this but I don't want to get you into trouble. I wrote you a lot of letters in Va. but I can not mail them till I am sure you & you only will get them. I love you & miss you. lots, lots, lots. I will be glad when I get a letter of my own. School will start Monday. 7th graders come tomorrow. They still do not have schedules for them & this is Thursday. I am not ready for school to start. It will be great if you come back in Sept. I hope so. I really don't want to wait till March. In fact I would pay your way here Thanksgiving & Christmas if your Mom would let you come stay with Cheryl Lynn. In fact all you got to do is call. You know what I mean. I can not tell you how much I love you & miss you & want you here with me because I don't really know if you could believe that much. I do hope you write me soon. There are a lot of people pulling for this to work out-we need a chance to work it out. Does your Mom & Dad still hate me? Do you believe it would do any good to talk to them? Suzi I want it to be right. I know it can be right & great. I pray a lot for it to work out. I even pray that your Mom & Dad will understand & let us be together. They must have be young "once" & had a real love-true feeling for each other. I really don't know how much to write. I don't want to get you into trouble. Gosh I wish they understood. Call me- Everybody hear is waiting. They know to get me to the phone as soon as possible. Like I say everybody I know except your Mom & Dad is hoping this work out for us. We are going to have a letter opening party when I get one. Cheryl Lynn-Faye Burles- Melissa Spear's mother. Melissa, Tommy Setliff I mean every body-they all are pulling for us. So write me soon. I love you & miss you----- Petitioner's Exhibit No. 3. This was on white stationery, unlined but bordered in gray and featuring a cat, in the lower right corner, holding a teddy bear and a cluster of balloons. This proved the last straw for Suzi's stepfather, who contacted school authorities. The photograph he found did not help, either. On back of a likeness of himself, respondent had inscribed, "To Suzi With all the love one man can have for someone--3+=18, 42--all dreams are worth waiting for. It is & will be rough & tough. I love you Ronald Wesley." In three years she would have attained the age of consent and he would have been a mere 42 years old. EFFECTIVENESS REDUCED Superintendent Holman suspended respondent Landen with pay until the School Board met, voted a suspension without pay and proposed dismissal. Mr. Holman's testimony that respondent's relationship with Suzi seriously reduced his effectiveness as a school board employee was unrebutted.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner revoke respondent's teacher's certificate for three years. DONE and ENTERED this 19th day of September, 1984, 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 19th day of September, 1984. COPIES FURNISHED: George L. Waas, Esquire 1114 East Park Avenue Tallahassee, Florida 32301 Philip J. Padovano, Esquire 1020 East Lafayette Street Suite 201 Tallahassee, Florida 32301 Ralph D. Turlington Commissioner of Education Department of Education The Capitol Tallahassee, Florida 32301 Donald L. Griesheimer, Executive Director Department of Education Education Practices Commission 125 Knott Building Tallahassee, Florida 32301
Findings Of Fact Petitioner, Delores W. Kinsler (Kinsler), applied to Respondent, Florida Real Estate Commission (Commission) for licensure as a real estate salesman. Pertinent to this case, the Commission, by letter of May 19, 1987, advised Kinsler that her application was denied because her "criminal record" revealed the following: 2/13/80 arrest and plea of no contest and withholding of adjudication to the charge of grand theft in Marion County, Florida 11/3/80 arrest for failure to appear on the grand theft charge 5/15/84 arrest for probation violation. 1/ The facts underlying Kinsler's "criminal record" reveal that in late 1979 she went to a mobile home dealer in Marion County, Florida, and placed with the dealer a $2,000 check toward the purchase of a mobile home. Subsequently, Kinsler's father receded from his agreement to help her purchase the mobile home, and she returned to the dealer and requested the return of her deposit. Kinsler experienced some reluctance on the part of the dealer to return her deposit, but following some discussion the dealer did give her a $2,000 check, which she cashed. Subsequently Kinsler placed a stop payment on the check she had given the dealer, and lent that money to a family friend. Why Kinsler did not promptly repay the dealer, or why she placed a stop payment on her check when she had been reimbursed, is not clear from the proof. The proof does, however, demonstrate that due to the recent death of her fiancee she was under a great deal of stress at the time, and that the lack of clear recall may reasonably be attributable to that stress and the passage of time since those events occurred. In any event, Kinsler did not seek to rationalize her conduct, and forthrightly conceded its impropriety. As a consequence of her actions, Kinsler was charged with grand theft in Case No. 80-140, Circuit Court, Marion County, Florida. Kinsler plead nolo contendere, and by order of January 12, 1981, the court withheld adjudication and placed Kinsler on three years reporting probation. The terms of her probation also required that she not change her residence or leave the county without the consent of her probation officer and that she make restitution to the mobile home dealer in the sum of $2,150. 2/ Between January 1981 and October 1981, Kinsler paid $50 each month toward the court ordered restitution, and otherwise complied with the terms of her probation. In October 1981, Kinsler moved from Ocala, Florida to Tallahassee, Florida, without the knowledge or consent of her probation officer, and ceased making restitution payments. In or about March 1984, Kinsler contacted an attorney in Tallahassee to assist her in addressing the problems she had left behind in Ocala. Kinsler's actions were spontaneous and voluntary, and were not the result of any action or activities undertaken by public officials in Ocala. Subsequently, Kinsler surrendered herself to the police in Ocala for having violated the terms of her probation, was arrested and released on her own recognizance. On July 27, 1984, the court entered an order finding that she had violated the terms of her probation, and extended her probation until January 12, 1986. Since July 27, 1984, Kinsler has complied with all the terms of her probation and made full restitution to the mobile home dealer. On January 12, 1986, Kinsler's term of probation expired. Between March 1982, and January 1985, Kinsler was employed in various positions by Commercial Credit Corporation, Commonwealth Mortgage Company, and J. C. Penny. From January 1985, to the present, Kinsler has been employed by the Florida Department of Transportation in various positions which have, through promotion, progressively increased in responsibility. Currently, she is employed as Right of Way Specialist II, and is responsible for negotiating land acquisitions on behalf of the Florida Department of Transportation. The proof establishes that sufficient time has elapsed for Kinsler to have demonstrated her rehabilitation. Since 1984 she has held a number of responsible positions. She is currently employed in a position that involves negotiating land acquisitions on behalf of the state, a position imbued with great public trust. The testimony is uncontroverted that she has a reputation for fair and honest dealings. From such proof, as well as Kinsler's candor and demeanor, it is concluded that the interest of the public and investors will not likely be endangered by the granting of the application for licensure.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Petitioner, Delores W. Kinsler, for licensure as a real estate salesman be GRANTED. DONE and ENTERED this 21st day of August, 1987, in Tallahassee, Florida. WILLIAM J. KENDRICK 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 21st day of August, 1987.
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: In April of 1986, the petitioner, Donny Lynn Hair, filed an application for licensure as a real estate salesman. In answering Question Number 6 of the application, which requests information concerning an applicant's criminal record, petitioner answered in the affirmative, explaining "1975 Lewisburg, Ohio - for fighting. 2 years probation. 1983 Santa Monica, Cal. - for child molesting. 4 years probation." At the final hearing, petitioner testified in his own behalf. He explained the "fighting" incident as one occurring during his school years when a "bully" had broken his nose and he became upset with him. For that offense, he was placed on probation for a period of two years. In 1983, petitioner was charged with two counts of child molesting. At the time, petitioner was 25 or 26 years old, and the charges involved two young girls, ages six and seven. For these offenses, petitioner was placed on probation for a period of four years, with a condition that he not associate with children under the age of 18. The probationary period ended in September of this year. Petitioner testified that he has learned from his past mistakes, and that he has not violated the terms of his four-year probation. Petitioner presented no other witnesses to testify in his behalf, nor was any documentary evidence offered by the petitioner. A composite exhibit was received into evidence as Hearing Officer's Exhibit 1. This exhibit is comprised of petitioner's application for licensure and various other documents related thereto, including two forms purportedly completed by persons listed on petitioner's application as references. While each of the two references indicated on the form provided that petitioner was of good character, neither was aware of petitioner's criminal convictions for child molesting.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that petitioner's application for licensure as a real estate salesman be DENIED, without prejudice to petitioner to reapply for such licensure after a period of two years. Respectfully submitted and entered this 27th day of October, 1987, in Tallahassee, Florida. DIANE D. TREMOR 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 27th day of October, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 86-3599 The parties were informed of the opportunity to submit proposed findings of fact and proposed conclusions of law subsequent to the final hearing. Counsel for the respondent availed himself of the opportunity, and his proposed findings of fact have been accepted and included herein. The petitioner did not submit any post-hearing proposals. COPIES FURNISHED: Donny L. Hair 2606 Hollyridge Drive New Port Richey, FL 33552 Manuel E Oliver, Esquire Assistant Attorney General Suite 212, 400 West Robinson Street Orlando, FL 32801 Darlene F. Keller Acting Executive Director Department of Professional Regulation Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32801
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 The Respondent, on or about January 15, 1979 pled guilty to four counts of grand larceny in the Circuit Court in and for Dade County, Case No. 77-4457A. Count II of the instant Administrative Complaint apparently was based upon the transaction acts alleged in the Information, (Exhibit 1) . The Petitioner voluntarily dismissed Count I of the Administrative Complaint. In support of the allegations in Count II, the Petitioner presented Exhibit 1 consisting of the State Attorney's Information, the Order withholding adjudication in that criminal case, and the Order granting probation. The Petitioner contends that the fact of the plea of guilty to the larceny charges in Circuit Court is sufficient to prove the allegations of misrepresentation, dishonest dealing, and the numerous other acts proscribed by subsection 475.25(1)(a), Florida Statutes (1977) as amended. The Respondent's plea of guilty to the criminal charges was entered into in the Circuit Court as a result of negotiations with the State Attorney whereby the Respondent was assured that adjudication would be withheld, he would be placed on probation, and no felony conviction would appear on the Respondent's criminal record. The negotiations reached fruition in the order of the Circuit Judge dated January 15, 1979 allowing that result. The Petitioner's exhibit 1 does not contain the guilty plea itself, although it is referred to in the judge's order. The State Attorney's Information contained in that exhibit, to which the guilty plea was directed, merely recites the statutorily derived language necessary to make out charges of larceny, but does not refer to the Goldbergs as victims, mentions no specific amounts of money, makes no mention of a purported mortgager-mortgagee relationship, nor does it relate the charges to a real estate transaction in any way. No other evidence in support of the alleged violations of Section 475.25(1)(a) Florida Statutes (1977) was adduced.
Recommendation Having considered the evidence in the record, the foregoing Findings of Fact and Conclusions of Law, and arguments of counsel, it is therefore RECOMMENDED that the Respondent be found not guilty and that the Adiainistrative Complaint filed in this cause be dismissed, and Case No. 80-1721 be closed. DONE and ENTERED this 22nd day of January, 1981, in Tallahassee, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of January, 1981. COPIES FURNISHED: Salvatore A. Carpino, Esquire Assistant General Counsel Department of Professional Regulation Board of Real Estate 130 North Monroe Street Tallahassee, Florida 32301 Julian R. Benjamin, Esquire Executive Suite DuPont Plaza Center 300 Biscayne Boulevard Way Miami, Florida 33131
The Issue Whether Respondent's License No. 0003558 as a real estate salesman should be suspended, revoked, or the licensee otherwise disciplined for violation of Section 475.25(1)(e), Florida Statutes. Petitioner served a copy of its Administrative Complaint, Explanation of Rights, and Election of Rights upon the Respondent at the last address he had registered with the Commission, i.e., 6800 W. 16th Avenue, Hialeah, Florida 33014, by registered mail on July 31, 1975. Respondent executed the "Election of Rights" form in which he requested a hearing, on August 19, 1975, and returned it to Petitioner. On December 5, 1975, Petitioner mailed a copy of Notice of Hearing to the Respondent by registered mail to the same address. It was returned by the U. S. Post Office to Petitioner with the notation "Moved, Left No Address" (Exhibit 1). Accordingly, it was considered that Petitioner had complied with applicable requirements concerning notice and, the Respondent not being present at the time of hearing, the hearing was conducted as an uncontested proceeding.
Findings Of Fact Respondent received his registration as a real estate salesman on June 18, 1973, and has been continuously registered with Petitioner since that date (Exhibit 2). An Information filed by the State Attorney of the Eleventh Judicial Circuit of Florida, Number 73-3060, charged Respondent with nine counts of violating Section 832.05(3), Florida Statutes, by nine worthless checks in the amount of $50.00 each which were unlawfully drawn, made, uttered, issued or delivered to Winn Dixie Stores, Inc., during the period December 27, 1972 to January 8, 1973. A similar Information, Number 73-2663, was filed with respect to four checks to the Grand Union Company during the period October 18, 1972 through October 24, 1972 in the same amounts (Exhibits 3, 5). On September 13, 1973, Respondent pleaded guilty to the charges filed against him in the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, and an Order Withholding Adjudication was issued in Case No. 73-3060, finding the Respondent guilty based upon the entry of a guilty plea to the charge of unlawfully obtaining services, goods, wares, or other things of value by means of a worthless check or draft in the amount of $50.00 (nine counts) and withholding adjudication of guilt. On the same date, the same court issued another Order Withholding Adjudication of guilt in Case No. 73-2663 for the four fifty dollar checks involved therein (ExhibitS 4, 6).
Recommendation That the registration of Leonard H. Balkan as a real estate salesman be suspended for a period of two years. DONE and ENTERED this 3rd day of February, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Leonard H. Balkan Louis B. Guttmann, III, Esquire 6800 West 16th Avenue 2699 Lee Road Hialeah, Florida 33014 Winter Park, Florida
Findings Of Fact Based on the exhibits received in evidence and on the testimony of the only witness called at the hearing, I make the following findings of fact. Respondent is now and was at all times material hereto a licensed real estate salesman in the state of Florida having been issued license number 0447789 in accordance with Chapter 475, Florida Statutes. The last license issued was as a salesman, c/o Commercial Investment Real Estate, Inc., 1804 Riverview Drive, Post Office Box 3847, Indialantic, Florida 32901. On May 12, 1986, in the United States District Court, Western District of Virginia Roanoke, the Respondent was found guilty of one (1) count of conspiracy to distribute drugs and one (1) count of interstate travel to promote illegal activity in violation of federal law, whereupon the Respondent was sentenced to three (3) years confinement, a $5,000 fine, and three (3) years probation upon release from custody. The Respondent timely notified the Florida Real Estate Commission of the felony convictions. As a result of the foregoing convictions, the Respondent is presently confined to a federal prison. Am appeal of the foregoing convictions is presently pending before a federal appellate court. Respondent's wife, who has not been charged with any violations, is presently employed as a licensed real estate salesperson in Florida. Inasmuch as her last name is the same as Respondent's last name, Respondent is concerned that publication in the FREC newsletter of news regarding discipline imposed on Respondent would have a negative impact on his wife's business reputation.
Recommendation Based on all of the foregoing, it is recommended that the Florida Real Estate Commission enter a final order in this case to the following effect: Finding the Respondent guilty of viola- tions of Section 475.25(1)(f) and (n), Florida Statutes, as charged; Suspending the Respondent's license for a period of five (5) years; Providing that in the event the appeal of Respondent's criminal convictions is successful, the suspension of Respondent's license will be rescinded; and Providing that notice of disciplinary action against Respondent will not be published in the Commission's newsletter until the appeal of Respondent's criminal convictions is final, and then only if that appeal is unsuccessful. DONE AND ENTERED this 18th day of March, 1987, at Tallahassee, Florida. M. M. PARRISH 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 18th day of March, 1987. COPIES FURNISHED: James H. Gillis, Esquire Department of Professional Regulation 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802 Mr. James E. Stivers 31492-083 Post Office 600 Dorm 1 F.P.C. Eglin Eglin AFB, Florida 32542 Harold Huff, Executive Director Division of Real Estate Florida Real Estate Commission 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802 Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
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.
Findings Of Fact The Petitioner is an agency of the State of Florida charged with enforcing the provisions of Chapter 475, Florida Statutes, related to the licensure and the regulation of the practice of real estate brokers and salesmen in the State of Florida. The Respondent is a licensee regulated by the Petitioner pursuant to Chapter 475, Florida Statutes, albeit, holding an inactive license at the present time. Such an inactive licensure status is a sufficient basis for Petitioner's jurisdiction. Boedy v. Department of Professional Regulation, Board of Medical Examiners, 433 So.2d 544, (1st DCA 1983). On or about March 7, 1986, the Respondent was convicted in the Circuit Court in and for Pinellas County, Florida, of the crime of manslaughter and "DUI/manslaughter," for each of which two counts she was sentenced to a six year prison term which sentences were to run concurrently, with a five year probationary period after the sentences of incarceration were served. In March 1986, the Respondent was duly remitted to the custody of the Department of Corrections and incarcerated at the Women's Prison at Lowell, Florida, the hearing site. The Respondent was in a work release status and was about to transfer to a less restrictive custodial situation in Fort Lauderdale in the Department's work release program at the time of the hearing. She will work in this program in the community for a few months before her ultimate release. Her release will come much sooner than the original length of her sentence imposed by the Court because she has earned the maximum amount of "gain-time" and has been a model prisoner, thus not losing any gain time since the first day she was incarcerated. This incident arose on May 23, 1983, in Pinellas County when the Respondent was proceeding down a public roadway in her own motor vehicle after having ingested an indeterminate amount of alcoholic beverages. While she was driving, a deputy sheriff in a Sheriff's Department vehicle approached her from the rear, activated his siren and indicated that he intended apprehending her or at least stopping her car. The deputy's siren startled and distracted the Respondent and in the process of pulling over to the side of the road, which necessitated a lane change, she became involved in the auto accident which ultimately caused the death of Mr. Walter Heuston. She was charged with unlawfully causing the death of Mr. Heuston by the operation of a motor vehicle while under the influence of an intoxicating liquor to an extent as to deprive her of full possession of her normal faculties and, in Count II of the criminal information, by her own act or culpable negligence, in driving a motor vehicle, without intent to murder, inflicting mortal wounds upon Walter Heuston, of which he died. The Respondent, at the hearing and repeatedly in the past, has displayed extreme remorse over this unfortunate turn of events and freely acknowledges her fault in so conducting herself as to cause the death of another. As established by other witnesses, as well as by those, whose letters attesting to her good character were stipulated into evidence, she has used this experience and her time in prison to better herself. She has become quite active in a Christian organization for women and has enrolled in a theological seminary. In her course work with the seminary, she has earned the highest possible grades. Her pre-release counselor, Reverend Randolph, established that she is interested in growing and improving her life and remains very interested in her profession and in helping her community. The Respondent presently works at a community college as a civilian secretarial worker and has an exemplary record. At the correctional institution, she works in orienting inmates and counseling them to help them adjust to prison life and also works as a chaplain's aide. Similarly, Reverend Hubert Parr, the Respondent's minister, established that she is a member of his church and that he has had frequent contact with her in his Bible study teaching at the Lowell Prison. The Respondent has proven to him that she has grown a great deal as a responsible, caring person and is very repentant concerning the incident which resulted in her incarceration. He truly feels she aspires to be a model citizen in the future. He has substantial experience working as a chaplain and counselor for a drug and alcohol rehabilitation center. He is convinced that the Respondent has conquered any alcohol problem she may have had and is convinced she has, and wishes to continue to, change her life for the better. The Respondent established that she had no prior alcohol problems of record and had no traffic citations for driving under the influence or even for speeding before the incident in question. She has conscientiously worked at her studies with the Luther Rice Seminary in Jacksonville and genuinely wants to help other people who may have alcohol or drug problems. She wishes to use her own unfortunate experience to the advantage of others by counseling persons with alcohol problems to help them avoid similar disastrous consequences. She presently works at the Central Florida Community College and has an excellent work record and numerous letters of recommendation. Her work site away from the correctional institution renders drugs and alcohol easily accessible, yet she has steadfastly avoided them and has been involved in no incident involving the purchase or use of alcohol or drugs in the course of her work experience away from the Lowell facility. She is in the honor unit at the Lowell facility, could "walk away" at any time and has chosen not to do so. She is in all respects a model prisoner, is contrite and remorseful concerning the reason for her imprisonment and genuinely appears to be trying to turn that tragic experience into a positive benefit in redirecting the course of her own life and in using that bad experience to help others who may have similar problems. Concerning the charge that she failed to timely inform the Petitioner of her incarceration or her conviction, she established that she wrote the Petitioner in early April 1986 and within thirty days after her conviction but apparently sent the letter to the wrong address in Orlando instead of to the appropriate address in Tallahassee. She never got an answer and during this time was still in the reception facility for a thirty day period during which she was in close custody and confinement. It was, therefore, difficult for her to obtain information about where to write to the Petitioner to inform them of her situation and, because of the emotional stress she was under at the time, she did not immediately write another letter upon failing to get an answer to the first one after a reasonable time. In any event, later that summer, in August 1986, she wrote a second letter to the Petitioner informing it of her situation and inquiring about her licensure status. This was answered by the Board and ultimately resulted in the instant prosecution. The Respondent was sentenced on March 7 and did not arrive at the Lowell Prison with a permanent address until March 21. She wrote the first letter in the second week of April. In view of the Respondent's obvious remorse concerning the unfortunate incident which resulted in her conviction and incarceration and the fact that she obviously wishes to better herself both spiritually and professionally, and has a genuine desire to help others overcome alcohol or drug problems and avoid similar consequences, it cannot be found that the Respondent's conviction of a felony and resultant incarceration is truly representative of her innate character and individual self-worth as that relates to her competence and trustworthiness to practice her profession as a realtor. The undersigned finds no evidence which would indicate that the public in the State of Florida, requiring the services of the Respondent as a realtor in the future, would be in any danger of becoming victims of dishonest, deceitful, fraudulent or similar reprehensible modes of practice by the Respondent. In consideration of the severe penalty the Respondent has already paid and is continuing to pay for the tragedy she is accountable for, it would be unjust to remove her right to practice her chosen means of livelihood through this proceeding.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is, therefore RECOMMENDED that a Final Order be entered by the Florida Real Estate Commission according the Respondent the penalty of a written reprimand. DONE and ORDERED this 31st day of August 1987, in Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of August, 1987. COPIES FURNISHED: Arthur R. Shell, Jr., Esquire Senior Attorney Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 June E. Dupee c/o Salvation Army 14 Northwest 14th Avenue Fort Lauderdale, Florida 33311 Harold Huff, Executive Director Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Van Poole, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Joseph A. Sole, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
