Findings Of Fact The Respondent, Ann K. Croasdell, was a registered real estate broker at all times material hereto. She has been issued License No. 0141344. In 1977 or 1978, Respondent met William Young at a neighborhood barbecue. About a year after this initial meeting, Young attended a real estate school owned and operated by Respondent. At that time a business relationship developed between them which lasted until approximately September, 1980. In 1980, Bruce Rhodes, then an investigator with the Maitland Police Department, was assigned a case wherein residences up for sale were being burglarized. There were no signs of forcible entry to these homes and each one had a multi-lock box used by realtors to show the homes. Thus, the person who was burglarizing the homes was referred to as the "multi-lock burglar". During the course of the investigation, evidence was obtained which pointed to William Young as the multi-lock burglar. The evidence consisted of statements from various witnesses. Subsequently, a search warrant was issued and served on William Young's apartment. Young was eventually arrested and pled guilty to grand theft in the second degree and other unrelated charges. He is currently serving a seven and a half year prison sentence at Lawty Correctional Institute, Lawty, Florida. 5.. During the investigation into Young's activities, Respondent was interviewed by the Maitland Police Department on several occasions. The first such interview took place on November 13, 1980, at the Maitland Police Department and was conducted by Sergeant Walter Steeb and Investigator Bruce Rhodes. The Respondent was not under arrest nor was she compelled to appear, but came voluntarily at the request of the Maitland Police Department. At the initial interview, the Respondent acknowledged accompanying Young to residences with multi-locks that were for sale, but stated she did not see Young take anything. On December 1, 1980, the Respondent again appeared at the Maitland Police Department at their request. She again appeared voluntarily and was not under subpoena, under arrest or charged as a suspect. At this December 1, 1980, interview, Respondent gave three separate statements to Investigator Bruce Rhodes of the Maitland Police Department. These statements and her subsequent statements differ substantially from the information she gave to the Maitland Police Department on November 13, 1980. Two of the three December 1, 1980, statements concern the return of property. One statement acknowledged the returning of a set of golf clubs to Officer Rhodes on Thursday, November 20, 1980. In this statement, Respondent stated that while she was with William Young, he entered the garage of a house in Sweetwater and came out with a man's set and a Woman's set of golf clubs which he placed in the trunk of her car. Respondent admitted, both at a prior deposition and at the final hearing, that she knew these golf clubs were stolen. At the deposition, she stated she intended to keep the set of woman's golf clubs, knowing they were stolen. The circumstances surrounding the taking of the golf clubs corroborates the fact that the Respondent knew these clubs were stolen. On the day in question, the Respondent and William Young were out looking at homes and pulled up in the driveway of a house that was for sale. The house had no multi-lock, but Young gained entrance through an open side door to a garage. He entered the garage and removed a man's and a woman's set of golf clubs, which he placed in Respondent's car. Respondent did not go into the garage with Young, but remained in the car. She did, however, get out of the car to open the trunk for Young to put in the two sets of golf clubs. In addition to the facts surrounding the golf clubs, Respondent has also admitted, on several occasions, to having taken two sets of yellow towels from a home in Wekiva. These admissions came in the form of the December 1, 1980, statement made to Bruce Rhodes, and subsequently, at a deposition taken on August 17, 1981, in the case of State of Florida v. William Young. At her deposition of August 17, 1981, Respondent explained how she entered the house with a multi-lock key and took the towel sets which consisted of two towels, two hand towels and two washcloths. Additionally, in response to the question as to whether she stole the two sets of towels, she answered "yes," that she did. Respondent did not alert the authorities to these burglaries, nor did she attempt to turn in the stolen golf clubs or towels. Her only excuse for her activities was a claimed fear of William Young. Although Respondent established that Young was abusive to women, there was no indication that she or a member of her family was in any real danger. Rather, she participated with Young as a willing accomplice.
Recommendation From the foregoing, it is RECOMMENDED: That Petitioner enter a final order suspending Respondent's real estate broker's license for a period of five years. 2/ DONE and ENTERED this 21st day of March, 1983, in Tallahassee, Florida. R.T. CARPENTER 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 21st day of March, 1983.
The Issue At issue in this proceeding is whether Respondent committed the offense set forth in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, Department of Business and Professional Regulation, Division of Real Estate (Department), is a state government licensing and regulatory agency charged, inter alia, with the responsibility and duty to prosecute administrative complaints pursuant to the laws of the State of Florida, including Chapters 455 and 475, Florida Statutes. Respondent, William James Barbour, is a licensed real estate salesperson in the State of Florida, having been issued license number 0631568. On September 28, 1995, Respondent filed an application (dated September 22, 1995) with the Department for licensure as a real estate salesperson. Pertinent to this case, item 9 on the application required that Respondent answer yes or no to the following question: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld? This question applies to any violation of the laws of any municipality, county, state or nation, including traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled, or pardoned. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." If you answered "Yes," attach the details including dates and outcome, including any sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consult with an attorney or the Division of Real Estate. Respondent responded to the question by checking the box marked "Yes," and attached documents relating to his arrest on June 17, 1992, and conviction on March 1, 1993, for the offense of driving under the influence. The documents further revealed that Respondent's driving privilege was revoked by the court for a six-month period (nunc pro tunc to June 17, 1992), and that by August 9, 1992, he had successfully completed the Broward County Court Alcohol and Substance Abuse Program. Respondent's driving privileges were restored February 25, 1993. No other offenses were disclosed on the application. The application concluded with an "Affidavit of Applicant," which was acknowledged before a Notary Public of the State of Florida, as follows: The above named, and undersigned, applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s)(he) is the person so applying, that (s)(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever; that (s)(he) knows of no reason why this application should be denied; and (s)(he) further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives, by him/her in response to inquiries concerning his/her qualifications. (Emphasis added.) Following approval of Respondent's application, and his licensure as a real estate salesperson, the Department discovered that on March 4, 1993, in the County Court, Dade County, Florida, Respondent was arraigned on a charge of simple battery (date of occurrence January 9, 1993), a first degree misdemeanor, proscribed by Section 784.03, Florida Statutes. Respondent entered a plea of not guilty; however, on March 30, 1993, the court, following hearing, found Respondent guilty of the charge, but withheld adjudication. Respondent was subsequently ordered to pay $2,536 in restitution, $105.00 in court costs, and participate in a pre-trial diversion anger control class. After receipt of the foregoing information, the Department apprised Respondent of its discovery. Respondent addressed the Department's concerns by letter of September 5, 1997, as follows: After our conversation on this morning of 9-5-97 I am aware that I filled out the application for Real Estate incorrectly. At the time, my understanding to the question about an arrest or convictions on the application, was for a felony. I have had arrest but all of the 3 I've had were misdemeanors. One was for a DUI. In June of 1992 where I was found guilty and lost my Drivers License for 6 months & had to attend a counter measures class. I completed all required classes and now hold a safe Driver's Lic. I had two other arrest[s]. Both were for battery. I had to attend an advocate program for violence. I completed all classes. I believe that ajudication [sic] was witheld [sic] for both charges. I am sorry for any inconvenience that I have caused over this matter, and hope that I can continue to keep my Real Estate License. Thereafter, on November 20, 1997, the Department filed the Administrative Complaint at issue in this proceeding which, based on Respondent's failure to disclose the aforesaid finding of guilty to the crime of battery, charged that "Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of [Section] 475.25(1)(m), Fla. Stat." and sought to take disciplinary action against his license. According to the complaint, the disciplinary action sought . . . may range from a reprimand; an administrative fine not to exceed $5,000.00 per violation; probation; suspension of license, registration or permit for a period not to exceed ten (10) years; revocation of the license, registration or permit; and any one or all of the above penalties. 1 At hearing, Respondent offered the following explanation for his response to item 9 of the application or, stated differently, for his failure to disclose the charge of battery for which he had been found guilty (albeit adjudication being withheld): . . . Your Honor, at the time that I had filled out the application -- okay, right before that I had been arrested for a DUI. That's one thing that I did list in the application. But at the time of the application, you know, the question had stated: If you had ever been arrested -- anyhow I answered yes to the question. But when it said to list the details, my first understanding of the question was that it was for felonies only, but the charges that I had -- I had a charge for a fight, actually two times I was arrested for fighting. And I didn't know what the outcome of the charge was to be able to list it, you know, in detail. So when I answered the question I answered yes, you know, believing that the Real Estate Commission would, you know, because it said at the end of the question your answer would be checked with state, local, and federal officials, and I didn't know the detailed charges that I was -- that were placed upon me. So I just answered the question yes figuring that they would find what the charges were. I was not trying to hide anything from the Real Estate Commission. I had great feeling that they were going to find out everything that I had been arrested for. (Transcript, at pages 4 and 5.) And, on cross-examination, Respondent responded regarding his response to the application question, as follows: Q. And in attaching materials you listed a conviction for driving under the influence charge? A. Right. Because at the time I had understood that the question was for a felony, but even still I answered it yes, because, you know, I knew the other ones were like misdemeanors or something, but I didn't know what degree or any of that, you know, so I answered yes. And the only thing I had attached was the DUI because that's the only thing that I even had paperwork on. (Transcript, at pages 7 and 8.) Apart from the foregoing incidents, Respondent has had no other involvement with the criminal justice system. Here, Respondent's explanation for his failure to disclose the battery charge on his application is wanting in substance, and does not detract from the conclusion that the application he submitted was false. In so concluding, it is observed that Respondent's answer to the question posed by the application (given the information requested and his attestation) purported to divulge every offense for which he had "been convicted . . . , found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld." Under such circumstances, it cannot be subject to serious debate that, when the application was submitted, Respondent knew he provided false or misleading information regarding his criminal record. In concluding that Respondent knowingly and intentionally provided false or misleading information on his application, his explanation that he lacked paper work on the battery arrest and assumed the Department would uncover the charge upon a background check, has not been overlooked; however, such explanation does not detract from the conclusion reached. Indeed, it is inherently improbable, given the proximity in time of the offenses (Respondent was convicted of DUI on March 1, 1993, and arraigned on the battery charge on March 4, 1993), that Respondent would be able to relate the particulars of the DUI conviction on his application, but not one iota of information regarding the battery charge. Rather, Respondent's failure to even mention the battery charge on his application renders his claim of reliance on the Department's investigation to uncover it ring hollow.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered which finds Respondent guilty of violating Section 475.25(1)(m), Florida Statutes, as alleged in the Administrative Complaint. It is further RECOMMENDED that for such violation, the Final Order revoke Respondent's license. DONE AND ENTERED this 15th day of September, 1998, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 15th day of September, 1998.
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts were found: At all times material to these proceedings, Respondent was a licensed Ordinary Life, including Disability Agent, doing business as Steven Miller Insurance and Associates located at 718 Broadway, Suite 2, Daytona Beach, Florida. On June 2, 1983, the Respondent was charged by a Criminal Information in Case No. 83-2219-CC with two (2) felony counts, Count I being presentation of a fraudulent insurance claim, in violation of section 817.234, Florida Statutes, and County II being grand theft of the second degree, in violation of section 812.014, Florida Statutes. On January 5, 1984, the Respondent entered a plea of nolo contendere to the felony offense of Grand Theft of the Second Degree, a Third Degree Felony, Case No. 83-2219-CC, in the Circuit Court for the Seventh Judicial Circuit of Florida in and for Volusia County, Florida. On January 5, 1984, the Circuit Court for the Seventh Judicial Circuit accepted Respondent's plea of Nolo Contendere and placed Respondent on three (3) years of supervised probation, withholding adjudication of guilt and imposition of sentence. On July 8, 1985, Respondent was discharged from probation after successfully completing eighteen (18) months of his three (3) year probationary period. Respondent's testimony was that: (1) his boat, a 24- foot Regal Royal was taken while parked across from his home just prior to June 29, 1982; (2) he reported the theft to the Daytona Beach Police Department on June 29, 1982; (3) he filed an insurance claim several months after reporting the theft to the police and was paid; (4) approximately one (1) year later his boat was found in the possession of his wife's sister and her husband; and (5) he plead nolo contendere to the charge of grand theft on advice of counsel that a plea of nolo contendere was the same as pleading innocent, would not affect his insurance license and the plea would avoid putting a strain on his marriage. Mainly this testimony went unrebutted by the Petitioner.
Recommendation Based upon the findings of facts and conclusions of law recited herein, it is RECOMMENDED that the Respondent be found guilty of violating section 626.611(14), Florida Statutes. For such violation, considering the circumstances surrounding the violation, it is RECOMMENDED that the Petitioner enter a final order suspending the Respondent's license for a period of two (2) years. DONE and ENTERED this 24th day of October, 1985, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 24th day of October, 1985. APPENDIX Rulings on Petitioner's Proposed Findings of Fact: Adopted in Finding of Fact No. 1. Adopted in Finding of Fact No. 2. Adopted in Finding of Fact No. 3. Adopted in Finding of Fact No. 4 with the exception of the language that "Respondent was sentenced." Petitioner's Exhibit No. 3 specifically states that sentence was withheld and Respondent was placed on probation. Rejected on a conclusion of law rather than a proposed finding of fact. Adopted in Finding of Fact No. 5 with the exception of the date July 1, 1985. Respondent's Exhibit No. 2 shows the order was entered on July 8, 1985. Rulings on Respondent's Proposed Findings of Fact: (Respondent did not number the paragraphs in his Proposed Findings of Facts but for purposes of this Appendix a number has been assigned to each paragraph.) This information was considered as background information and, therefore, covered in the background portion of this Recommended Order. Adopted in Finding of Fact No. 1. This information was considered as background information and, therefore, was covered in the background portion of this Recommended Order. The information in the first sentence was considered as background information and, therefore, was covered in the background portion of this Recommended Order. The second sentence is Respondent's interpretation of what Petitioner alleges and is not a finding of fact but more a conclusion of law. 5.-6. Other than as adopted in Finding of Fact No. 6, rejected as immaterial, unnecessary and unsupported hearsay. 7. Adopted in Finding of Fact Nos. 4 and 5 with the exception of the language "after completing six months he was released." Petitioner's Exhibit No. 2, Respondent's Exhibit No. 2 and Respondent's testimony on lines 15-19, page 15 of the transcript shows Respondent served eighteen (18) months of his probationary period. COPIES FURNISHED: Lisa Santucci, Esquire 413-B Larson Building Tallahassee, Florida 32301 Thomas F. Woods, Esquire Gatlin, Woods, Carlson & Girtman 1030 East Lafayette Street Tallahassee, Florida 32301 Honorable William Gunter Department of Insurance and Treasurer State Treasurer and Insurance Commissioner The Capitol - Plaza Level Tallahassee, Florida 32301
Findings Of Fact Respondent, George Thomas Darby, at all times relevant to these proceedings, was licensed as a professional bail bondsman and limited surety agent. The Respondent was previously licensed as an ordinary-combination life, including disability agent, but such license expired on March 30, 1981. On January 7, 1982, a grand jury indictment was issued in the United States District Court for the Northern District of Florida, Panama City Criminal Division, against the Respondent, George Thomas Darby. The indictment specifically charged that the Respondent: Did knowingly combine, conspire, confederate agree, and have a tacit understanding with other stated individuals to possess with the intent to distribute more than 1,000 pounds of the Schedule I control substance marijuana, in violation of Sections 841 and 846 of Title 21 of the United States Code. Did knowingly combine, conspire, confederate agree, and have a tacit understanding with other specified persons to import into the United States the Schedule I control substance marijuana in violation of Sections 952 and 963 of Title 21 of the United States Code. Did knowingly and intentionally import into the United States a Schedule I control substance in violation of Section 952 of Title 21 and Section 2 of Title 18 of the United States Code. Did knowingly and intentionally possess with the intent to distribute the Schedule I control substance marijuana in violation of Section 841 of Title 21 and Section 2 of Title 18 of the United States Code. On July 14, 1982, George Thomas Darby was convicted in the United States District Court for the Northern District of Florida, Panama City Criminal Division, as follows: Defendant has been convicted as charged of the offense of from on or about January, 1975, until the date of the indictment, in the Northern' District of Florida and elsewhere, knowingly combining, conspiring, and agreeing with others to import marijuana into the United States, in violation of Title 21, U.S. Code, Sections 952 and 963, as charged in Count 111(3) of the indictment. Pursuant to the above conviction, the Respondent, George Thomas Darby, was sentenced to a term of five years imprisonment and fined $15,000. The Respondent, by answer, admitted and further, at the formal hearing by stipulation, accepted as true the following facts: That you, George Thomas Darby, on or about July 14, 1982, in the United States District Court of the Northern District of Florida, in Case No. MCR 82-00203-07, were found guilty of knowingly combining, conspiring and agreeing with others to import marijuana into the United States, in violation of Title 21, U.S. Code, Sections 952, and 953, as charged in Count 111(3) of a previous grand jury indictment, Criminal Case No. MCR82-00203. The violation of either of the aforementioned titles is a felony as defined by Title 18, U.S.C. Section I(1). The Respondent has been licensed as a professional bail bondsman since October, 1976. His primary business as a bail bondsman has been in Jackson County, Florida. The Respondent has had no prior criminal convictions and no complaints or other disciplinary actions by the Department of Insurance against any license held by him from that Department. The Respondent has voluntarily ceased writing bail bonds since February of 1982, to the date of the hearing. Prior to the above-referenced conviction, the Respondent enjoyed a reputation as an honest, hardworking, and law-abiding citizen in the Jackson County area. On January 31, 1983, Clyde M. Taylor, Jr., Esquire, counsel for the Respondent in the above-referenced criminal action, filed an appellate brief in the United States Court of Appeal for the Eleventh Circuit on behalf of George Thomas Darby, seeking to reverse the July 14, 1982, district court conviction. At the time of the formal hearing, this appeal was pending.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of Insurance enter a Final Order dismissing its Administrative Complaint against the Respondent, George Thomas Darby. DONE and ENTERED this 27th day of July, 1983, in Tallahassee, Florida. COPIES FURNISHED: Clark R. Jennings, Esquire Department of Insurance Suite 413-B, Larson Building Tallahassee, Florida 32301 Clyde M. Taylor, Jr., Esquire 1105 Hays Street Tallahassee, Florida 32301 Honorable Bill Gunter Insurance Commissioner and Treasurer The Capitol Tallahassee, Florida 32301 MARVIN E. CHAVIS Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of July, 1983.
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
The Issue Whether or not on or about October 24, 1975, the Respondent, Dallas Norman House was convicted upon a plea of not guilty and a verdict of guilty of the offense of unlawfully and knowingly possessing marijuana, a Schedule I controlled substance, in violation of Subsection 841(a)(1), Title 21, United States Code, and unlawfully, knowingly and intentionally importing marijuana, a Schedule I controlled substance, into the United States, in violation of Subsection 952(a), Title 21, United States Code, and thereby was guilty of a crime against the laws of the United States, involving moral turpitude, fraudulent or dishonest dealing in violation of 475.25(1)(e), F.S. Whether or not the Respondent, Dallas Norman House, was committed to the custody of the Attorney General of the United States or his authorized representative for imprisonment for a period of five (5) years on each of counts one and two of the aforementioned charges and that the execution of those sentences should run concurrently, to be followed by a parole term of five (5) years and thereby is guilty of a violation of 475.25(2), F.S., by being confined in a state or federal prison.
Findings Of Fact The Respondent, Dallas Norman House, is registered as a non-active salesman under certificate no. 0041416 held with the Petitioner, Florida Real Estate Commission since October 1, 1976. Prior to that date the Respondent held the same certificate number as an active salesman beginning October 4, 1974 through September 30, 1976. Copies of these registrations may be found as part of Petitioner's Composite Exhibit #1, admitted into evidence. On October 24, 1975, the Respondent, Dallas Norman House, was adjudged guilty upon his plea of not guilty and a verdict of guilty of the offenses of; (1) unlawfully and knowingly possessing marijuana a Schedule I controlled substance, in violation of 841(a)(1), Title 21, United States Code; and (2) unlawfully, knowingly and intentionally importing marijuana, a Schedule I controlled substance into the United States, in violation of 952(a), Title 21, United States Code. The Respondent was adjudged guilty and convicted, and committed to the custody of the Attorney General of the United States or his authorized representative for imprisonment for a period of five (5) years on each of the two counts with the execution of the two sentences to run concurrently, to be followed by a parole term of five (5) years. The terms of the judgement and commitment may be found in Petitioner's Exhibit #2, admitted into evidence. On August 2, 1976, the Respondent, Dallas Norman House surrendered himself at the Federal Prison Camp, Eglin Air Force Base, Florida to begin the service of the aforementioned sentences as imposed and at the time of the hearing was serving that sentence.
Recommendation Based upon the findings of fact and conclusions of law in this cause, it is recommended that the Petitioner, Florida Real Estate Commission, revoke the registration of the Respondent, Dallas Norman House, certificate no. 0041416. DONE and ORDERED this 4th day of February, 1977, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Bruce I. Kamelhair, Esquire Staff Counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Dallas Norman House c/o Superintendent E.V. Aiken Post Office Box 600 Eglin Air Force Base Eglin, Florida 32542
The Issue The central issue in this case is whether Respondent is guilty of the violations alleged in the administrative complaint dated June 21, 1990; and, if so, what penalty should be imposed.
Findings Of Fact Based upon the stipulation of the parties, the testimony of the witness, and the documentary evidence received at the hearing, the following findings of fact are made: The Department is the state agency charged with the responsibility of pursuing disciplinary actions against real estate licensees. At all times material to the allegations of the administrative complaint, Respondent is and has been a licensed real estate salesman in the State of Florida having been issued license number 0347386. On May 7, 1987, the Respondent was charged with seven counts of criminal misconduct. The charging document, an information filed by the State Attorney of the Third Judicial Circuit of Florida, alleged that Respondent had: solicited to commit extortion while armed; solicited to commit murder I while armed; delivered a controlled substance; possessed a controlled substance with intent to sell or deliver; committed grand theft II; and carried a concealed firearm during a felony. Subsequently, Respondent was tried and found guilty of: solicitation to commit extortion (a 3rd degree felony); solicitation to commit murder I (a 1st degree felony); delivery of a controlled substance (a 3rd degree felony); grand theft II (a 3rd degree felony) ; and carrying a concealed firearm (a 3rd degree felony). The judgment of guilt was entered on September 9, 1987. Respondent received a sentence for each of the convictions noted above and was committed to the Department of Corrections with credit for the 150 days of incarceration in the county system he had spent prior to the imposition of the sentences. All sentences ran concurrent with one another. During the time of his incarceration (on or about September 30, 1987), Respondent's real estate license expired. At that time, Respondent mistakenly presumed he was not required to send a notice of the convictions to the Real Estate Commission and, therefore, did not do so. In July, 1989, Respondent was released from prison. Upon his release, Respondent considered what action would be needed to renew his real estate license. To that end, he took a continuing education course and discovered he should have notified the Real Estate Commission of his felony convictions. On March 10, 1990, Respondent wrote a letter to the Real Estate Commission which stated, in part: My name is Gene Stephen Wilson, expired license #0347386. My license expired September 30, 1987. In September 1987, while working in another profession, I was convicted, sentenced and served two and one- half years in a Correctional Institution for a felony charge. Since my license was expired, I did not realize that I was required to report to FREC at that time. Now, after completing my sentence, I have been granted an Order of Executive Clemency by the Governor of the State of Florida. On October 5, 1989, the Governor, with the concurrence of the requisite members of the Cabinet of the State of Florida, filed an Executive Order which granted to Respondent the restoration of his civil rights. Anne Frost, a real estate broker, and Deborah J. Mickle, a real estate agent with Anne Frost, Inc., submitted written statements which attest that, based upon their experiences with the Respondent, he is ethical and professional in connection with the real estate business.
Recommendation Based on the foregoing, it is RECOMMENDED: That the Florida Real Estate Commission enter a final order finding the Respondent guilty of having violated Section 475.25(1)(p), Florida Statutes, suspending his license for a period of two years, imposing an administrative fine in the amount of $500, and requiring a period of probation under such terms and conditions as the Commission may deem appropriate. DONE and ENTERED this 30th day of November, 1990, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of November, 1990. APPENDIX TO CASE NO. 90-4403 RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE DEPARTMENT: 1. Paragraphs 1 through 5 are accepted. RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE RESPONDENT: None timely submitted. COPIES FURNISHED: Steven W. Johnson Senior Attorney Department of Professional Regulation, Division of Real Estate 400 West Robinson Street Post Office Box 1900Orlando, Florida 32802 Stanley M. Silver, Jr. 217 East Ivanhoe Boulevard, North Orlando, Florida 32804 Darlene F. Keller Division Director 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Kenneth E. Easley General Counsel Department of Professional Regulation 1940 North Monroe, Suite 60 Tallahassee, Florida 32399-0750
Findings Of Fact Upon consideration of the documentary evidence adduced at the hearing, the following facts were found: At all times relevant hereto, respondent was licensed as a real estate salesman in the State of Florida having been issued license No. 0204657 which license was inactive and scheduled to expire on March 31, 1983. Respondent's license was renewed on April 1, 1983. On or about May 13, 1983, on Information filed by the office of the State Attorney of the 12th Judicial Circuit in the State of Florida, respondent was charged with the commission of prostitution, lewdness or assignation; contrary to Section 796.07, Florida Statutes. Thereafter, on December 19, 1983, respondent made her appearance in the County Court of Sarasota County, Florida, before the Honorable Robert Stahlschmidt, County Court Judge, and entered a plea of no1o contendere to the charge of prostitution. On the same day, Judge Stahlschmidt, withheld adjudication; sentenced respondent to sixty (60) days in the county jail which was suspended; fined respondent $340, including court costs; placed respondent on supervised probation for a period of one (1) year under the supervision of the Salvation Army Correction Division upon the condition that she serve 50 hours of community services and not be involved in any acts of prostitution.
Recommendation Based upon the findings of facts and conclusions of law recited herein, it is RECOMMENDED that the respondent be found guilty of violation of Section 475.25(1)(f), Florida Statutes, 1983. For such violation, considering the mitigating circumstances surrounding the violation, it is RECOMMENDED that the Board issue a letter of REPRIMAND to the respondent. Respectively submitted and entered this 17th day of May, 1985 in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 17th day of May, 1985. COPIES FURNISHED: James H. Gillis, Esquire Staff Attorney Department of Professional Regulation Division of Real Estate 400 West Robinson Street P.O. Box 1900 Orlando, Florida 32802 Gerald C. Surfus, Esquire 150 East Avenue South Sarasota, Florida 33577 Sharla Speakman Post Office Box 4202 Sarasota, Florida 33578 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Harold Huff Executive Director Department of Professional Regulation Division of Real Estate 400 W. Robinson Street P.O. Box 1900 Orlando, Florida 32802
Findings Of Fact The Respondent holds Real Estate Salesman's License No. 0355517 issued by the Board of Real Estate. Petitioner is employed as a real estate salesman at Norma Star Realty, Key Largo, Florida. During October, 1980, the Respondent applied for licensure as a real estate salesman with the Board of Real Estate. His application was approved, and the Respondent was admitted to the examination, which he passed. The Board of Real Estate issued a real estate salesman's license to the Respondent during December, 1980. In applying for licensure, the Respondent filled out the Board of Real Estate's standard application form. Paragraph 6 of the form sets out the following inquiry: Have you ever been arrested for, or charged with, the commission of an offense against the laws of any municipality, state or nation including traffic offenses (but not parking, speeding, inspection or traffic signal violations) without regard to whether convicted, sentenced, pardoned or paroled? The Respondent answered "No" to this inquiry. The Respondent has been arrested on several occasions. On July 29, 1964, he was arrested in Las Vegas, Nevada, on a charge of sodomy. On August 6, 1964, he was arrested in Las Vegas, Nevada, on a charge of rape. On May 22, 1966, he was arrested in Las Vegas, Nevada, on the charge of notorious cohabitation. On January 31, 1969, he was arrested in Miami, Florida, on the charge of board bill fraud. All of these charges were ultimately dismissed. The Respondent was neither tried nor convicted in connection with any of the charges. The Respondent had been licensed as a real estate salesman in the State of Michigan. While in Michigan, he retained counsel, now deceased, who advised him that all of the Las Vegas arrests had been expunged from the Respondent's record, and that the Respondent could respond in the negative to inquiries as to whether he had ever been arrested.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby RECOMMENDED: That a final order be entered by the Department of Professional Regulation, Board of Real Estate, dismissing the Administrative Complaint filed against the Respondent, Michael Timothy McKee. RECOMMENDED this 10th day of December, 1981, in Tallahassee, Florida. G. STEVEN PFEIFFER Assistant Director 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 10th day of December, 1981. COPIES FURNISHED: Harold W. Braxton, Esquire 45 S.W. 36th Court Miami, Florida 33135 Arthur L. Miller, Esquire 9101 S.W. 66th Terrace Miami, Florida 33173 Mr. Samuel R. Shorstein Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Frederick H. Wilsen, Esquire Assistant General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Carlos B. Stafford Executive Director Board of Real Estate Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact The Respondent is now and has been since about September 9, 1988, a licensed real estate salesman in the State of Florida. She was issued license number 0523257. The last license issued was as a salesman, in care of Hammocks Properties, Inc., 9290 Hammocks Boulevard, #404, Miami, Florida 33196, with a home address of 7390 Northwest 48th Street, Lauderhill, Florida 33319-3401, listed with the Florida Real Estate Commission as of April 10, 1990. Prior to obtaining her initial real estate salesman's license, the Respondent filed an application for licensure as a real estate salesman. In that application the Respondent represented that all the answers and statements in the application were true and correct, and as complete as her knowledge, information, and records permit, without any evasions or mental reservations whatsoever. Question 6 on the application form read as follows: "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?" The Respondent's answer was, "Yes." The second part of Question 6 read as follows: "If you answered "Yes," please state the details including dates and outcome in full. (Use separate sheet if necessary.)" The Respondent's answer to this part of Question 6 was as follows: "I pleaded guilty to a third degree conspiracy, in 1982 in New Jersey involving an insurance claim." By letter dated February 3, 1988, Ms. Ruth Clayton, Supervisor of Application Certification, wrote to the Respondent seeking more details regarding the Respondent's answer to Question 6. By means of an undated letter, which was received by the Florida Real Estate Commission on February 17, 1988, the Respondent replied to Ms. Clayton's further inquiry about her answer to Question 6 on the application. The letter requesting clarification asked the following specific questions: "What was involved? Was it monies, etc? If a monetary value was involved advise us of the value. What was the court's disposition of the matter? Are you on any type of probation or parole?" The Respondent's letter of reply read as follows, in material part: I am replying to your letter of February 3, 1988 with regards to question #6. I was a part owner of a property in New Jersey in 1982 that was damaged. I did not commit any crime, did not make an insurance claim, and received no monetary gain. I was advised by the police without an attorney present to plead guilty to a third degree crime as part of a plea-bargain. This was to save my family from the strain, embarrassment, and expense of a lengthy trial. There was to be no trial and no punishment. I was placed in an Intensive Supervision Program for one year in which my only restriction was not to leave the state of New Jersey without permission. I am not currently, nor was I ever on any type of probation or parole. This is a matter which happened in 1982 in which I signed a document against my interest without knowing the consequences. I was never involved in a criminal matter before, nor after till this date. I am a moral, ethical, law abiding person and have raised five beautiful children. I have been in my own business for the past fifteen years and have never been involved in any litigation. On March 14, 1983, the Grand Jury in Monmouth County, New Jersey, issued a fourteen-count indictment against Frida Koren and others. The indictment alleged that the defendants had committed various crimes in the course of a criminal scheme to set fire to a house owned by the Respondent and her husband. Four of the fourteen courts alleged criminal conduct by the Respondent. On May 12, 1983, the Respondent retracted a plea of not guilty to all counts and entered a plea of guilty to Count 2 of the indictment. The essence of Count 2 was an allegation that the Respondent and the other defendants "... did commit the crime of conspiracy in that they unlawfully agreed with each other to commit the crime of arson, with the purpose of promoting or facilitating its commission...." The caption to Count 2 describes it as a "third degree crime." On October 28, 1983, the Respondent was sentenced to a prison term of 5 years with a minimum parole ineligibility of 2.5 years. By order dated April 17, 1984, the sentence was modified to delete the parole ineligibility clause and to add a fine of $7,500.00. On June 25, 1984, the Respondent was released into the Intensive Supervision Program for a trial period. On January 11, 1985, the Respondent was resentenced into the Intensive Supervision Program for 5 years. By subsequent order, the Respondent was discharged from supervision of the Intensive Supervision Program as of August 9, 1985.
Recommendation For all of the foregoing reasons, it is RECOMMENDED that the Florida Real Estate Commission issue a final order in this case concluding that the evidence is insufficient to sustain the charge against the Respondent and dismissing the Administrative Complaint. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 4th day of September 1990. MICHAEL M. PARRISH 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 4th day of September 1990. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 90-0448 The following are my specific rulings on the proposed findings of fact submitted by all parties. Findings proposed by Petitioner: Paragraph 1: Rejected as constituting a conclusion of law rather than a proposed finding of fact. (It is an accurate conclusion of law.) Paragraphs 2, 3, 4, and 5: Accepted. Paragraphs 6 and 7: Rejected as irrelevant, because there is no issue in this case regarding the Respondent's citizenship. Paragraphs 8 and 9: Accepted, with some additional facts in the interest of clarity. Paragraph 10: Rejected as contrary to the greater weight of the evidence. Findings proposed by Respondent: The first eight unnumbered paragraphs of findings proposed by the Respondent are accepted. The remaining unnumbered paragraphs of findings proposed by the Respondent are all rejected as constituting argument or proposed conclusions of law, rather than proposed findings. COPIES FURNISHED: James H. Gillis, Esquire Department of Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802-1900 Dean J. Trantalis, Esquire Arvida Parkway Center 7900 Glades Road Boca Raton, Florida 33434 Darlene F. Keller Division Director Division of Real Estate Department of Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 =================================================================
