Recommendation Based on the foregoing Findings of Fact and Conclusions of Law it is: RECOMMENDED that the Respondent's qualifications and eligibility for licensure as an insurance agent be REVOKED. DONE and ORDERED this 20th day of December, 1985 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON 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 20th day of December, 1985. COPIES FURNISHED: Leland L. McCharen, Esq. Department of Insurance and Treasurer Larson Building Tallahassee, Florida 32301 Joseph Dennis Turner, Sr. 2219 West Skagway Avenue Tampa, Florida 33604-1039 Hon. William Gunter State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, Florida 32301 Don Dowdell, Esq. General Counsel State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, Florida 32301 DEPARTMENT OF INSURANCE AND TREASURER, DIVISION OF INSURANCE, vs . JOSEPH DENNIS TURNER, SR., a/k/a JOSEPH D. TURNER CASE NO. 85-3225 APPENDIX Pursuant to Section 120.59(2), Florida Statutes (1983), the following are my specific rulings on the proposed findings of fact submitted by each of the parties to this case. Petitioner's Findings of Fact Paragraph Ruling Accepted; see paragraph 2, R.O. Rejected as argument. Partially accepted; see paragraph 6, R.O. Respondent's Findings of Fact Paragraph Ruling Accepted; see paragraph 1, R.O. Accepted; see paragraph 3, R.O. Accepted; see paragraph 4, R.O. Accepted; see paragraph 5, R.O. Rejected as argument and conclusions of law. Accepted; see paragraph 1, R.O. Accepted; see paragraph 2, R.O. i`_ E=_
The Issue Whether Respondent committed the violation alleged in the Administrative Complaint, and, if so, what disciplinary action should be taken against him.
Findings Of Fact Based upon the evidence adduced at the final hearing and the record as a whole, including the admissions made by Respondent in the Joint Response to Pre-Hearing Order, the following findings of fact are made: At all times material to the instant case, Respondent was a Florida-licensed real estate salesperson. Since June of 2002, Respondent has been a Florida- licensed real estate broker. Respondent is a convicted felon as a result of a single felony conviction. 3/ In 2000, Respondent was involved in a real estate transaction in which he was the buyer. The property that was the subject of the transaction was located at 119 Hammocks Drive in West Palm Beach, Florida. The transaction was closed through a title company, Cypress Title Company (Cypress). The closing took place on May 15, 2000. Cypress was represented at the May 15, 2000, closing by Susan Anderson, a marketing representative with Cypress who conducted closings (approximately five or six a month) as part of her job responsibilities. Ms. Anderson had two years experience conducting closings at the time of the May 15, 2000, closing. At each closing at which she represented Cypress, Ms. Anderson was responsible for, among other things, collecting the funds necessary to effectuate the closing and making the appropriate disbursements. It was Ms. Anderson's routine practice, before turning a closing file over to Cypress' "post closer" following a closing, to "make sure [that] everything [that needed to be in the file was] there." Prior to the May 15, 2000, closing, Respondent was contacted by "someone from Cypress" and instructed to bring to the closing a cashier's check in the amount of $3,684.64 made payable to himself. Respondent was advised that the $3,684.64 represented an "estimate" of the amount he needed to pay from his own funds to close the transaction. On May 15, 2000, prior to the time of the closing, Respondent went to Bank United, where he had an account, and purchased a cashier's check in the amount of $3,684.64 made payable to himself, as he had been instructed to do. Respondent brought the cashier's check to the closing. At the closing, Respondent endorsed the check with his signature, underneath which he wrote, in accordance with his routine practice when endorsing checks, the number of his account at Bank United. He then handed the cashier's check to Ms. Anderson. The actual amount due from Respondent was $3,670.04, $14.64 less than the amount of the cashier's check. Accordingly, Ms. Anderson gave Respondent a check for $14.64. Following the closing, Ms. Anderson examined the closing file (in accordance with her routine practice). In doing so, it did not "come to [her] attention that the [cashier's] check [that Respondent had brought to the closing] was not there." After conducting such an examination, she gave the closing file to the "post-closer." The cashier's check that Respondent had given to Ms. Anderson at the May 15, 2000, closing was cashed at Bank United on May 17, 2000, by someone other than Respondent or Ms. Anderson. Pursuant to Bank United policy, "[o]nly the payee can cash [a cashier's] check." Bank United tellers are supposed to ask for a "picture ID" when a cashier's check is presented for cashing. There have been tellers at the bank, however, who have not followed this policy and, as a result, have been counseled or disciplined. 4/ Approximately, two months after the May 15, 2000, closing, Cypress' owner approached Ms. Anderson and told her that there was no proceeds check from Respondent in the closing file. Ms. Anderson was asked to contact Respondent to inquire about the matter, which she did. Respondent was initially "very cooperative." He gave Ms. Anderson his "account number [at Bank United] and [the name of a person] to call at the bank." Using the information Respondent had provided, Ms. Anderson was able to obtain a copy of the cashier's check that Respondent had given to Ms. Anderson at the closing and that subsequently had been cashed at Bank United. Kevin Wilkinson, an attorney acting on behalf of Cypress, also contacted Respondent. Mr. Wilkinson's tone, in Respondent's view, was accusatory and threatening. Respondent's response to Mr. Wilkinson's "aggressive[ness]" was to stop cooperating with Cypress.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Commission issue a final order dismissing the instant Administrative Complaint. DONE AND ENTERED this 28th day of January, 2003, in Tallahassee, Leon County, Florida. STUART M. LERNER 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 28th day of January, 2003.
Findings Of Fact Respondent, James K. Hart (Hart), was at all times material hereto licensed as a real estate broker-salesman in the State of Florida, having been issued license number 0302051. On November 26, 1986, in the Criminal Court of Washington County, Tennessee, Hart entered a voluntary plea of nolo contendere to the felony charge of attempt to commit a felony (conspiracy to distribute cocaine in excess of 30 grams). On October 6, 1987, the court found Hart guilty, and he was sentenced to three years confinement and ordered to pay a fine of $75,000. Hart did not notify petitioner within thirty days of having pled nolo contendere or having been convicted of such felony. Hart served 10 months and 27 days of his sentence in the county jail at Johnson City, Tennessee, and then, on August 27, 1988, was released to serve a two-year term of probation. Currently, Hart is serving his two-year term of probation, and reporting to authorities in Broward County, Florida. Hart is currently 50 years of age, and employed to sell kitchen cabinets. From such employment he grosses an income of $25,000 a year. At hearing, Hart offered proof that, as a consequence of his conviction, he owed approximately $220,000 to members of his family and his attorneys. According to Hart, absent the ability to practice as a real estate salesman, his chosen profession, he has no expectations of paying such debts or of providing for his retirement years. While the offense for which he was convicted involved a conspiracy to distribute cocaine, he avers that he has never used drugs, but committed the offense solely because of greed.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the real estate broker-salesman's license of respondent, James K. Hart, be revoked. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 29th day of June 1989. WILLIAM J. KENDRICK 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 30th day of June 1989. APPENDIX Petitioner's proposed findings of fact are addressed as follows: Addressed in paragraph 1. Not relevant. Addressed in paragraph 2. Addressed in paragraph 4. COPIES FURNISHED: STEVEN W. JOHNSON, ESQUIRE DEPARTMENT OF PROFESSIONAL REGULATION 400 WEST ROBINSON STREET POST OFFICE BOX 1900 ORLANDO, FLORIDA 32801 KENNETH G. STEVENS, ESQUIRE 412 NE 4TH STREET FORT LAUDERDALE, FLORIDA 33301 DARLENE F. KELLER, DIVISION DIRECTOR DIVISION OF REAL ESTATE DEPARTMENT OF PROFESSIONAL REGULATION 400 WEST ROBINSON STREET POST OFFICE BOX 1900 ORLANDO, FLORIDA 32801
Findings Of Fact Respondent, Benny Isaiah, holds real estate broker's license number 0311124 issued by petitioner, Department of Professional Regulation, Division of Real Estate. Respondent, Greater Realty of Orlando, Ltd., Inc., is a real estate broker corporation and holds license number 0223392 also issued by petitioner. When the events herein occurred, its offices were located at 66408 International Drive, Orlando, Florida. At all times relevant hereto, Isaiah operated as the qualifying broker for Greater Realty. On or about November 2, 1982, Isaiah's wife, Dalia, a real estate salesman in respondent's fir, obtained an offer from Arthur Zimand to purchase a residence located at 9227 Bay Point Drive, Orlando, Florida, for $190,000. The residence was owned by Tran Van Don, a former Vietnamese army officer. In the contract for sale and purchase, Zimand established a closing date of February 1, 1983. He also gave respondent's firm a $2500 earnest money deposit to be held in escrow by Greater Realty which was placed in the appropriate escrow account as required by law. The contract provided that "(i)f the offer is not executed by both of the parties on (a date specified therein), the . . . deposit(s) shall be, at the option of the Buyer, returned to him and this offer shall thereafter be null and void." The above offer was presented to the seller and rejected. Thereafter, Don prepared a counter-offer on November 9, 1982, which increased the sales price to $205,000 and changed the closing date to November 30, 1982. After reviewing the counter-offer, Zimand agreed to all changes except the closing date of November 30, 1982. He could not agree to that date since he was unable to obtain sufficient funds to close the transaction until December 10, 1982. Accordingly, Zimand crossed out the closing date suggested by the seller, wrote in December 10, 1982, in its place, and initialed the change on the contract. The later closing date was unacceptable to the seller and he did not accept Zimand's counter-offer. Therefore, no contract was executed by the parties. Respondents were so notified by the seller's attorney by letter sent on November 23, 1982. The letter advised them that the seller would not accept the closing date of December 10, and that accordingly no contract between the two parties existed. On November 24, 1982, Zimand wrote respondent's wife a letter in which he withdrew his offer and requested a prompt refund of his $2500 deposit. On December 3 and 11, 1982, respectively, Zimand and Don executed a "release of deposit receipt" wherein both parties instructed respondents to disburse the deposit held in escrow to Zimand. By signing the release form, the seller acknowledged that he had no interest in the deposit monies. The document was mailed to respondents on January 11, 1983. This was followed by a letter to Isaiah from Zimand's attorney on January 25, 1983, again requesting a refund of the deposit within ten days. Despite these requests, Isaiah did not refund the deposit. On or about December 8, 1982, Isaiah withdrew the $2500 from his escrow account. The disposition of those funds is not known. Zimand later instituted a civil action against Isaiah seeking to recover his deposit. He also filed a complaint with petitioner. On May 9, 1984, or just before the matter went to trial, Isaiah returned the deposit to Zimand. This was some seventeen months after Zimand first requested a refund of his deposit. Isaiah contends there was a valid contract between Zimand and Don, and that they used a "technicality" (a dispute over closing dates) to get out of closing the transaction. Because of this, he believes he was originally entitled to keep the $2500 as a sales commission. He also contended that his wife is the person who should be involved in this proceeding rather than him since she negotiated the contract and is more familiar with the details of the contract. Finally, he asserts the dispute has no clear-cut answer, and falls within a "gray" area. As such, he was justified in his actions.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondents be found guilty of Counts I, II and III of the administrative complaint, that their licenses be suspended for six months, and each pay a $500 administrative fine within forty-five days after a final order is entered in this cause. DONE AND ENTERED this 8th day of November 1984 in Tallahassee, Florida. DONALD R. ALEXANDER 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 8th day of November 1984.
Findings Of Fact At all times relevant hereto Frank LaRocca, Respondent, was the holder of Real Estate Broker License Nos. 0050488, 0236407 and 0170796 issued by the Florida Real Estate Commission. On or about July 12, 1989, the Respondent, in the United States District Court, Middle District of Florida, upon a verdict of guilty rendered by a jury, was found guilty of five counts of conspiracy to commit bank fraud, a felony. On or about July 12, 1989, Respondent was sentenced to imprisonment for four years. On or about August 1, 1989, the United States District Court Judge ordered a stay of the judgment against Respondent pending completion of Respondent's appeal. Frank LaRocca was a vice-president of the Central Bank in Tampa, Florida, when he retired in May 1984 after working at this bank for 31 years. During this period, he enjoyed a good reputation in the community. Upon his retirement from the bank, he became an active real estate broker principally investing in real estate. The transactions which formed the bases for his conviction in federal court involved bank loans on condominiums he and three other partners purchased. These bank loans had all been repaid at the time of Respondent's trial but one, which had been refinanced by the bank.
Recommendation Taking all these factors into consideration, it is recommended that the licenses of Frank LaRocca as a real estate broker be revoked, but the revocation be stayed pending completion of his appeal to the court of appeals or two years whichever first occurs. At that time, depending upon the action of the court of appeals, his license be revoked or these proceedings dismissed. ENTERED this 7th day of February, 1990, in Tallahassee, Florida. K. N. AYERS 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 7th day of February, 1990. COPIES FURNISHED: Steven W. Johnson, Esquire Kenneth E. Easley Division of Real Estate General Counsel 400 W. Robinson Street Department of Professional Orlando, FL 32801-1772 Regulation 1940 N. Monroe Street Frank LaRocca Suite 60 Tallahassee, Florida 32399-0792 4814 River Boulevard Tampa, FL 33603 Darlene F. Keller Division Director Division of Real Estate 400 W. Robinson Street Post Office Box 1900 Orlando, FL 32801
The Issue The issue for determination is whether Petitioner's application for licensure as a real estate sales associate should be granted.
Findings Of Fact On or about May 31, 2005, Mr. Pruna made application (Application) to the Division of Real Estate for a real estate sales associate license, which was received on June 2, 2005. The Application contains a "Background Information" section, which poses several questions. Question 1 provides in pertinent part: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest) to, even if you received a withhold of adjudication? This question applies to any violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. . . . Mr. Pruna responded yes to Question 1. He disclosed that, on or about December 14, 1992, he pled guilty in federal court to seven offenses as follows: conspiracy to import a quantity of marijuana into the United States; engaging in a criminal enterprise; conspiracies to impair, impede, obstruct, and defeat the lawful governmental functions of the Internal Revenue Service; transporting United States currency in excess of $10,000 outside the United States; bribery; conspiracy to possess with intent to distribute in excess of one kilogram of cocaine; and failure to appear. As to the bribery offense, Mr. Pruna bribed customs officers. Regarding failure to appear, he was afraid, because of the charges and the potential sentence, and fled the country (United States) but later returned after a plea bargain was agreed upon. Mr. Pruna was incarcerated in federal prison for four and one-half to five years. Prior to being incarcerated in the United States, he was imprisoned four years in Argentina. When he fled the United States, he plea-bargained with the United States government and began serving his prison term in the United States after completing his prison term in Argentina. As a result, Mr. Pruna served a total of eight and one-half to nine years in prison. Mr. Pruna was released from federal prison in 1996. Mr. Pruna has completed all conditions associated with his release from prison. For approximately eight years, he has not been under any supervision and has not committed any crimes. Mr. Pruna was born in Cuba. Prior to his imprisonment in Argentina and the United States, Mr. Pruna was a political prisoner in Cuba, where he was sentenced to death, but the death sentence was commuted to 55 years in prison. In 1979, he was released from prison in Cuba after serving 17 years. In 1980, he was allowed to leave Cuba for the United States. After arriving in the United States at 45 years of age, he was unable to find employment and had difficulty adjusting to the United States. He got involved in criminal activity, which led to his arrest in 1987 for the aforementioned crimes. Mr. Pruna takes full responsibility for his crimes. Presently, Mr. Pruna is 70 years of age. He has been married for approximately six years and has three minor children. Mr. Pruna makes sure that he spends time with his family and teaches his children, among other things, to be good citizens and obey the laws. Mr. Pruna presently manages two businesses--a used automobile dealership and a business nationally distributing electric motor scooters. He has been involved in the used automobile dealership since 1999 and in the distribution business for approximately nine years. In both businesses, he is entrusted with the funds of others. Mr. Pruna has an earnest desire to be rehabilitated and has shown that he is rehabilitated. Mr. Pruna's wife is a real estate broker and has been since 1995. If his license is granted, he would be employed with his wife. The witnesses, who testified on Mr. Pruna's behalf and who are both real estate licensees, testified that he was honest, trustworthy, and of good moral character. His letters of reference indicated the same. Further, the witnesses testified that the public would not likely be endangered if Mr. Pruna was granted a real estate sales associate license. Moreover, the witnesses admitted that the public must have confidence in a real estate professional and that a real estate professional must be honest and accurate and exercise good judgment.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional, Division of Real Estate enter a final order approving the application of Fernando Pruna for a licensure as a real estate sales associate. DONE AND ENTERED this 7th day of June, 2006, in Tallahassee, Leon County, Florida. S ERROL H. POWELL 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 7th day of June, 2006.
The Issue The issue in the case is whether the Petitioner should be granted an exemption from employment disqualification, pursuant to section 435.07, Florida Statutes (2014).
Findings Of Fact The Petitioner is seeking employment as a direct service provider in a “position of special trust” with disabled persons. The Respondent is the state agency responsible for making disqualification and exemption determinations related to persons seeking such employment. A person seeking employment in a “position of special trust” is subjected by law to a background screening process. A person who has committed one of a specified group of criminal offenses is disqualified from the employment. A disqualified person has the opportunity to seek an exemption from the disqualification. The Petitioner's background screening revealed that, in 2002, the Petitioner was charged in Seminole County, Florida, with fraudulent use of a credit card, a third-degree felony violation of sections 817.61 and 817.67(2), Florida Statutes (2014). Pursuant to section 393.0655(5)(j), Florida Statutes (2014), violations of section 817.61 are disqualifying offenses.1/ The Petitioner entered a plea of guilty, and was placed on probation for five years, ordered to complete 50 hours of community service, and required to make restitution in the amount of $2,416.20 to “People’s First Bank” in Panama City, Florida. The sentencing order prohibited the Petitioner from “work[ing] where you have unsupervised access to cash, equipment or merchandise of others” and prohibited the Petitioner from entering the premises of a Burger King. Adjudication was withheld. In the Respondent’s request for exemption, the Respondent stated that she had been shopping in a clothing store with someone else who was using a credit card. In the exemption request, the Respondent wrote “[a]t the time, I honestly didn’t know that this was not her mom (sic) card as that’s what she told me before going to the store.” The Respondent insinuated that she was arrested because she had been observed with the person using the card. At the time of the offense, the Petitioner was employed at a Burger King, where, on at least one occasion, she worked the drive-thru window. A customer who came through the drive-thru window accidently left a credit card. The Petitioner took the credit card and used it to make various purchases. According to the arrest report, the customer realized at some point that she was not in possession of the credit card, and that charges were appearing on her account. She reported the issue to law enforcement authorities, who, after an investigation, determined that the Petitioner had the credit card and was using it, at which time she was arrested. At all times material, the Petitioner was aware of the source of the credit card, and knew that it was not hers. In the request to the Respondent for an exemption from employment disqualification, the Petitioner set forth a false statement of the circumstances surrounding her arrest. The background screening also revealed two non- disqualifying offenses that occurred subsequent to the 2002 disqualifying offense. In 2004, the Petitioner entered a plea of nolo contendere to, and was adjudicated guilty of, a charge of petty theft, apparently related to a shoplifting incident at a T.J. Maxx department store. In 2006, the Petitioner was charged with a “failure to appear” violation related to the sentence imposed for the petty theft. In addition to the criminal offenses referenced herein, the Petitioner has been involved in a number of minor traffic offenses identified in the exhibits presented by the Respondent, but the offenses were relatively insignificant. The Petitioner has a high school diploma, and is gainfully employed. She was described as a good employee in several letters of recommendation submitted to the Respondent with her request for exemption, which were included in the exhibits admitted at the request of the Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Agency for Persons with Disabilities enter a final order denying the Petitioner's request for an exemption from disqualification. DONE AND ENTERED this 14th day of July, 2015, 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 14th day of July, 2015.
