Findings Of Fact Based upon the documentary evidence received, my observation of the witnesses while testifying and the entire record compiled herein, I hereby-make the following findings of fact: Respondent, Harry Gorman, is presently, and has been since September 1982, a licensed real estate salesman in the State of Florida (license number 0229673). Respondent is the owner of Lee County Property Exchange, Inc. Lee County Property Exchange, Inc. is organized for the primary purpose of buying and selling real estate lots. The company customarily buys a group of unimproved residential lots and sells them to "wholesalers". Ms. Mary A. Bosley responded to a mass mail advertisement provided by Lee County Property Exchange. Thereafter, on March 31, 1983, Respondent, acting for Lee County Property Exchange as purchaser,, entered into two sales contracts for the purpose of buying two unimproved residential lots with Mary A. Bosley, as seller. Ms. Bosley was represented by counsel at the signing of the contracts. The contracts provided that the purchase price for each lot would be $1,000. The transaction was to close on or before August 1, 1983. The transaction did not close as anticipated on August 1, 1983. From approximately August 22, 1983 to March 15, 1985, Respondent requested and was granted four six month extensions of the closing date. Ms. Bosley granted each extension because she wanted to sell the lots. In accordance with the terms of the contracts between Ms. Bosley and Lee County Property Exchange, two $25.00 earnest money deposits (EMD) were to be held in escrow by Lehigh Title Company, Inc. On April 21, 1983, Ms. Barbara Mast, president of Lehigh Title Company, received the two contracts with the accompanying $25.00 EMD's and "opened a file". Ms. Mast was later informed that the Bosley contracts were "on hold". on March 19, 1985, after the expiration of the final extension of closing date granted by Ms. Bosley, Mr. Burney J. Carter, Esquire, attorney for Ms. Bosley, mailed a letter to Mr. Gorman demanding return of the two $25.00 EMD's. Lehigh Title Company did not receive a request from Ms. Bosley nor Respondent that the two EMD's be taken out of escrow. Neither Respondent nor Ms. Bosley received the two $25.00 EMD's back from Lehigh Title Company. Respondent, upon speaking with a DPR investigator, did not agree to personally mail a check to Ms. Bosley, for the two $25.00 EMD's, but stated that, in his view, Ms. Bosley was entitled to return of the money and that Lehigh Title Company was responsible for sending it to her. Respondent failed to close the two transactions as purchases for economic reasons.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be issued finding the Respondent Harry G. Gorman, not guilty of the allegations contained in the Administrative Complaint. DONE and ORDERED this 29th day of January, 1986 in Tallahassee, Leon County, Florida. W. MATTHEW STEVENSON, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings This 29th day of January, 1986. COPIES FURNISHED: Arthur R. Shell, Jr., Esquire; Department of Professional Regulation 400 West Robinson Street Orlando, Florida 32801 Jack J. Pankow, Esquire P. O. Box 580 Ft. Myers, Florida 33902 Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Harold Huff Executive Director Department of Professional Regulation Division of Real Estate 400 West Robinson Street O. Box 1900 Orlando, Florida 32802 APPENDIX The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. Rulings on Proposed Findings of Fact Submitted by the Petitioner The parties were given 20 days from the date the original transcript was filed with the Division of Administrative Hearings in which to file their proposed findings. Petitioner failed to submit any proposed findings of fact within the specified time limits. Rulings on Proposed Findings of Fact Submitted by the Respondent Adopted in Findings of Fact 2, 3 and 4. Adopted in Finding of Fact 10. Partially adopted in Finding of Fact 8. The evidence was unclear as to whether the two $25.00 EMD's were in the escrow account up to the date of hearing. Adopted in Finding of Fact 7. Adopted in Finding of Fact 8. Adopted in Finding of Fact 8, (noting the obvious typographical error in Respondent's failure to include the word "not" between "has" and "made"). Partially accepted in Findings of Fact 2, 3 and 4. Respondent's assertion that "Harry Gorman was not acting in his professional capacity as a licensed real estate salesman "is rejected as a conclusion of law and as unnecessary to a resolution of this case. The Respondent, as a licensed real estate salesman, could be subject to discipline for fraud, misrepresentation and/or breach of trust in a business transaction whether or not the fraud, misrepresentation or breach of trust occurred during the course of his "real estate activities".
The Issue Whether Respondent engaged in an unlawful housing practice in violation of Section 760.23, Florida Statutes.
Findings Of Fact Respondent operated Hickory Hill Mobile Home Park where tenants could rent spaces or lots for the placement of their mobile homes. By notice dated August 26, 1993, all tenants were notified of the closure of the park, effective one year from the date of the notice. On Friday, August 26, 1994, Respondent's representative, Patricia Tripp, preparing for the closure of the park, was notifying persons still in the park that their motor vehicles would have to be moved. She "tagged" cars with notices to owners to the effect that the cars must be moved or the cars would be towed after the conclusion of that day. Extensions were given by Tripp to those persons who requested them if their cars were going to be moved within a few days. At least one extension was granted to a white female tenant who informed Tripp that her car would be gone within a specific number of days of the deadline of August 26, 1994. On August 13, 1994, Petitioner, who is African-American and the former lessee of lot 31, purchased the trailer on lot 25 from the lessee of that lot. The lessee of lot 25 subsequently vacated the premises. Following his purchase, Petitioner then moved into the trailer on lot 25 without formally notifying Respondent. Petitioner moved his original trailer from lot 31 and from Respondent's park on August 18, 1994, continuing to reside at the trailer on lot 25. Under provisions of the form lease between Respondent and tenants of the park, tenants were required to park vehicles in the driveway to individual lots. No parking of vehicles on the street was permitted. Additionally, all motorized vehicles were required to meet state legal requirements to be operated in the park. On August 26, 1996, Petitioner still had a number of vehicles in the park, in addition to his newly acquired mobile home. The vehicles included a bus, manufactured in 1950; a 1978 pickup truck; a 1948 Chrysler automobile; and an ice cream truck. Some of the vehicles were not parked on Petitioner's lot. Tripp questioned Petitioner on August 26, 1994, regarding whether the vehicles belonged to Petitioner. Petitioner responded that they did. Tripp told him that the vehicles would need to be moved since the park was closing and informed him of the deadline. The discussion between the two became heated and eventually Tripp, who felt threatened by Petitioner's attitude and actions, left. Petitioner did not request an extension of the deadline with regard to his vehicles. On Monday, August 29, 1994, Petitioner's vehicles had not been towed. Around 2 p.m. in the afternoon, a tow truck arrived accompanied by a law enforcement officer. After verifying that Petitioner's vehicles met legal requirements and speaking with Respondents' representatives at the scene, the law enforcement officer left. None of Petitioner's vehicles were towed away. Petitioner eventually moved from the park on September 12, 1994, and Respondent's threat to tow Petitioner's vehicles was never realized. Petitioner suffered no quantifiable damages. FCHR's Determination Of No Reasonable Cause was issued on April 5, 1996, documenting FCHR's determination of the non-existence of reasonable cause to believe that a discriminatory housing practice had occurred. Petitioner subsequently filed his Petition For Relief on May 10, 1995.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That Florida Commission on Human Relations enter a final order dismissing the Petition For Relief. DONE and ENTERED this 4th day of November, 1996, in Tallahassee, Leon County, Florida. DON W. DAVIS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 4th day of November, 1996. COPIES FURNISHED: Albert Jerome Lee Post Office Box 1232 Hawthorne, Florida 32640 Claude R. Moulton, Esquire Emmer Development Corporation 2801 Southwest Archer Road Gainesville, Florida 32608 Sharon Moultry, Clerk Human Relations Commission Building F, Suite 240 325 John Knox Road Tallahassee, Florida 32303-4149 Dana Baird, Esquire Human Relations Commission Building F, Suite 240 325 John Knox Road Tallahassee, Florida 32303-4149
Findings Of Fact Respondent, Edward Willison Carroll, III, is currently eligible for licensure and is licensed in this state as a Credit Life, including Credit Disability Insurance Agent; General Lines - Property, Casualty, Surety and Miscellaneous Lines Agent; General Lines - Motor Vehicle Physical Damage and Mechanical Breakdown Agent; Ordinary Life, including Health Insurance Agent; Health Insurance Agent; and Automobile and Inspection and Warranty Association Salesman. On March 10, 1980, respondent filed a verified application with petitioner for examination as a General Lines Agent (Property, Casualty, and Miscellaneous Lines) . Question number 13 of the application asked the following: Have you ever been charged with or convicted of a felony? If so, complete the following and submit a full and detailed report on a separate sheet. Date Name of Court Address of Court Nature of Charge and Outcome Respondent answered no to this question. On May 28, 1982, respondent filed a verified application with petitioner for examination as an Ordinary Life including Disability Agent. Question number 15 of the application asked the following: Have you ever been charged with or convicted of a felony? If so, complete the following and submit a full and detailed report on a separate sheet. Date Name of Court Address of Court Nature of Charge and Outcome Respondent answered no to this question. Respondent's answers to question 13 on the March 10, 1980, application and question 15 on the March 28, 1982, application were false. On December 11, 1970, the State Attorney for the Second Judicial Circuit of the State of Florida, filed an information with the circuit court which charged that respondent did on December 3, 1970, in Leon County, Florida ... knowingly commit a lewd or lascivious act in the presence of Alice Leigh Divita, a female child under the age of fourteen years, to-wit: of the age of six years, without intent to commit rape upon said child, contrary to Section 800.04, F.S. On March 9, 1971, respondent entered a plea of guilty to the crime of fondling, as charged in the information. The court withheld adjudication of guilty and imposition of sentence, and placed respondent on probation for a period of three years. At hearing, respondent conceded that he had been charged with the aforementioned felony. He averred, however, that his failure to disclose such charge on his applications was not intended to be deceitful but was premised on his belief that he could properly answer no to such inquiries because adjudication of guilty had been withheld. While respondent may reasonably have believed that he could respond in the negative to an inquiry concerning felony convictions, his contention that he held an honest belief that he could also respond in the negative to inquiries about whether the had ever been charged with a felony is not persuasive. But for the foregoing charge, respondent has not been charged or convicted of any other felonies. Nor, has the respondent been shown to have engaged in any improprieties as an insurance agent.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered suspending respondent's licensure and eligibility for licensure for three months. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 16th day of August, 1988. WILLIAM J. KENDRICK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1050 Filed with the Clerk of the Division of Administrative Hearings this 16th day of August, 1988. APPENDIX Petitioner's proposed findings of fact are addressed as follows: 1. Addressed in paragraph 1. 2 & 3. Addressed in paragraph 2. 4 & 5. Addressed in paragraph 3. 6. Addressed in paragraph 5. 7 & 8 Addressed in paragraph 6. 9 & 10. Addressed in paragraphs 7 and 8. 11. Addressed in paragraph 9. 12-14. Rejected as not relevant. COPIES FURNISHED: S. Marc Herskovitz, Esquire Office of Legal Services 413-B Larson Building Tallahassee, Florida 32399-0300 Thomas L. Neilson, Esquire 105 West Fifth Avenue Tallahassee, Florida 32303 The Honorable William Gunter State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, Florida 32399-0300 Don Dowdell, Esquire General Counsel The Capitol, Plaza Level Tallahassee, Florida 32399-0300
Findings Of Fact On May 24, 1986, Joseph C. Devine, Petitioner, the complaining party, saw an advertisement in the Clearwater Sun for an apartment for rent. He called the number listed and was given directions to locate the restaurant which is adjacent to the apartment for rent. Devine proceeded to the location given and upon arrival some 10 minutes later was told that the apartment had already been rented. Ali Likmeta, Respondent, is the owner of the restaurant and of the 4- unit apartment building adjacent thereto. Likmeta was born in Albania, has been in the United States for 18 years and is a naturalized citizen. He speaks English with a heavy accent and does not fully understand everything said to him in English. Likmeta placed an ad in the Clearwater Sun to run for one week advertising a vacant apartment for rent. At the time this apartment became vacant, the tenants in the three other apartments were Albanian, Greek and Italian. On the evening of May 23, 1986, Mr. and Mrs. Agaj, the former owners of the apartments who had sold them to Respondent and were aware of the vacancy, drove to Safety Harbor where they picked up two Albanian men who had recently arrived in the United States. They drove these men to Respondent's place of business for the purpose of renting the apartment; however, the business was closed and the men were returned to Safety Harbor and instructed to return early the following morning to the restaurant. The vacant apartment was, in fact, rented to the Albanian, Gezim Muca, on May 24, 1986, who had been brought down the evening before by the Agajs. On June 2, 1986, Devine filed a complaint with the Clearwater Human Relations Commission alleging that he was discriminated against in housing because of his race (black). During the investigation and conferences between the parties that followed the filing of this complaint, Devine indicated he would accept payment in the amount of $1200 to drop the charges which Likmeta refused. Likmeta offered to rent to Devine the next apartment to become vacant which Devine refused for the reason as he testified at this hearing "I didn't want to risk my life in that environment." When asked by the Hearing Officer what he expected to obtain through these proceedings Devine replied, justice. When told that this tribunal lacked jurisdiction to place Likmeta in jail or award money damages to Devine, the latter responded that the Hearing Officer was prejudiced and it was obvious that he would not get justice at these proceedings and would take this case to the Supreme Court if neccesary.
The Issue At issue in this proceeding is whether respondent committed the offenses alleged in the administrative complaint and, if so, what disciplinary action should be taken.
Findings Of Fact Petitioner, Department of Professional Regulation, Division of Real Estate (Department), is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints pursuant to the laws of the State of Florida, in particular Section 20.30, Florida Statutes, Chapters 120, 455, and 475, Florida Statutes, and the rules promulgated pursuant thereto. Respondent, Donald L. Katz, is now and was at all times material hereto a licensed real estate broker in the State of Florida, having been issued license number 0111863. The last license issued was as a broker, c/o KLF, Inc., 7991C Johnson Street, Hollywood, Florida 33024. At all times pertinent to this proceeding, respondent was a member of the Veteran Administration (VA) Fee Panel, and appraised properties for the VA in Broward, Dade and the upper half of Monroe Counties. On or about October 2, 1989, Unified Mortgage Company, which apparently held a mortgage guaranteed by the VA on the property and was in the process of foreclosure, requested that respondent do an "as is" appraisal of the residential property located at 11950 SW 176th Street, South Miami, Dade County, Florida. Consequently, respondent undertook to appraise the property as requested, and thereafter submitted an appraisal report to the VA which identified the property that was appraised as being located at 11950 SW 176th Street, South Miami, Florida, and estimated its market value at $32,900.00. Unfortunately, respondent had erroneously identified the residential property located at 11940 SW 176th Street, which lay immediately next door to the subject property, as the property to be appraised and, consequently, his appraisal was not of the correct property. Such error was, however, promptly caught by the VA, and there was no apparent damage to anyone as a result of respondent's error. Regarding the origin of such error, the proof at hearing demonstrated that the two residential properties, which lay next to each other, were quite similar, although not identical, and that their improvements were in similar states of disrepair. Each property was abandoned, both were boarded up, their lots were extremely overgrown, and neither had any identifying sign or number. As a consequence of such difficulties, although exercising his best judgment, respondent erred in his identification of the correct property. Such error was not, however, shown to have resulted from any act or failure on his part that a reasonable appraiser under similar circumstances would have done differently. To the contrary, petitioner offered no proof as to what, if anything, respondent could or should have done, that he did not do, to correctly identify the property.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be rendered which dismisses the administrative complaint. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 8th day of May 1992. WILLIAM J. KENDRICK 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 May 1992.
