The Issue Should Petitioner discipline Respondent's real estate sales- person's license for alleged conduct evidencing fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in a business transaction in violation of Section 475.25(1)(b), Florida Statutes?
Findings Of Fact Petitioner 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, Petitioner carries out its duties in compliance with Chapters 20, 120, 455 and 475, Florida Statutes and the rules promulgated under authority set forth in those statutes. At times relevant to the inquiry, Respondent was, and is now, a licensed Florida Real Estate salesperson. Her license number is 0591902. That license was issued in accordance with Chapter 475, Florida Statutes. At times relevant to the inquiry, Respondent worked as a licensed real estate salesperson for Ideal Real Estate Central Florida, Inc., t/a Coldwell Banker Ideal Real Estate in Orange City, Florida (Ideal). The broker for that firm was John S. Chinelli. On April 13, 1993, Respondent listed an exclusive right of sale for property owned by Jason and Kelly Foster at 2853 Sweet Springs Avenue, Deltona, Florida. That listing contemplated that Ideal would earn a real estate commission of 7 percent of the gross purchase price. The listing price in the exclusive right of sale was $69,900. In arriving at the sales price, Mr. Foster relied upon Respondent's advice. That advice included a consideration of the price received for the sale of comparable homes. The establishment of comparable prices as a means to arrive at the listing price for the Foster property involved the use of the Coldwell Banker buyer/seller presentation booklet, as well as a marketing analysis. The price $69,900 was chosen to attract those buyers who were looking for homes that cost less than $70,000. That choice was designed to garner more interest in the home. While the Foster home was being advertised, it was available through the multiple listing pool. Respondent showed the house two times between April 13, 1993, and May 14, 1993. This did not involve a showing to any prospective buyers. Other brokers or salespersons showed the house twice to prospective buyers, but no offers were generated from those showings. Subsequently, Respondent suggested to Mr. Foster that the Foster residence might be appropriate for her use. Respondent offered to buy the Foster property for $65,000. On May 14, 1993, Respondent and Mr. Foster entered into a contract for sale and purchase of the Foster residence. The purchase price was $65,000. Respondent deposited $500 into the escrow account managed by Ideal in furtherance of her interest in the property. The earnest money deposit was placed with Mr. Chinelli pending the closing of the sale. The contract called for Respondent to assume an existing mortgage of $63,556. The contract identified that the Respondent was a licensed real estate agent in Florida, but the purchase was not being made through Ideal. Under this contract, the real estate commission that had been contemplated initially would not be paid to Ideal and Respondent. When Respondent entered into a contract to buy the Foster property, she did not tell Mr. Foster that she would no longer be representing him as a real estate salesperson. The contract between Respondent and Mr. Foster called for a closing date on or before June 30, 1993. In entering into the agreement for Respondent to purchase the home, Respondent told Mr. Foster that she intended to personally occupy that property. Respondent never told Mr. Foster that she entered into the contract to purchase his home with the intent to sell the home to another person. Originally that was not her intention. Respondent held to the view that in the event that her purchase of the home was not concluded, Respondent would still represent Mr. Foster in his desire to sell the home. This is taken to mean that she would be representing Mr. Foster as a real estate salesperson. Sometime around June 20, 1993, Kai and Denise M. Hansen, husband and wife, contacted Ideal to show the Hansens property in the Deltona area. Respondent assisted the Hansens in this pursuit, acting as a real estate salesperson. There was no written agreement between Respondent or her firm signed with the Hansens to represent them in their attempt to purchase a home. Respondent showed the Hansens 8 to 12 homes in the Deltona area. The Hansens were not interested in purchasing those homes. At that point, Respondent suggested that the Hansens look at the home that she was purchasing from Mr. Foster. Respondent told the Hansens that Respondent was buying the Foster house from the Fosters who were moving out of town and that Respondent was helping the Fosters "out of a bind." Respondent told the Hansens that the home might be "too big for her anyway." Respondent told the Hansens that if she could help the Hansens out she would sell the Foster home to the Hansens if the Hansens liked that property. If a suitable home had been found through a real estate listing, other than the Foster residence, a commission would have been paid from the seller of the hypothetical house to the broker for Ideal. In that circumstance, the Hansens would not be responsible for paying a commission to the Respondent or Ideal. The properties other than the Foster property which Respondent was showing the Hansens were shown by Respondent as a sub-agent for the sellers. Respondent showed the Hansens the Foster residence during the week of June 20, 1993. On June 24, 1993, Respondent entered into a contract with the Hansens for sale and purchase of the Foster property. An addendum to that contract indicated that "this contract is contingent upon seller obtaining clear Title on 2853 Sweet Springs, Deltona, FL." The Hansens paid a $1,000 earnest money deposit toward the purchase of the Foster property. That deposit was placed in the escrow account for Ideal. That deposit was to be held until the closing date scheduled for July 16, 1993. Again, it was not contemplated that a real estate commission would be paid to Respondent and Ideal. The price arrived at between Respondent and the Hansens to purchase the Foster property was $72,500. Initially, Respondent had offered to sell the property for $73,000. The Hansens counter-offered to pay $72,000 leading to the final purchase price of $72,500. The contract between the Respondent and the Hansens called for an assumption of a mortgage in the amount of 63,500. Although Respondent had advised the Hansens that the property was being purchased from the current occupants, the Fosters, Respondent did not advise the Hansens of the price the Respondent was paying the Fosters to purchase that property. Respondent never advised the Fosters that the Hansens had sought to purchase the Foster home and that Respondent had entered into a contract with the Hansens for the Hansens to purchase that property. On June 29, 1993, the closing occurred between Respondent and the Fosters and a warranty deed was prepared noting the change in ownership. At the closing Respondent told the Fosters that she still intended to occupy the home. On July 16, 1993, the closing occurred between the Respondent and the Hansens and a warranty deed was drawn conveying the property from the Respondent to the Hansens. As established by Mark A. Carper, a real estate appraiser, the value of the Foster property on April 13, 1993 was between $65,000 and $72,500. In anticipation of moving into the Foster home, Respondent had made arrangements to move out of the residence where she had been living by giving notice that she intended to move.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED That a Final Order be entered which dismisses the administrative complaint against Respondent. DONE AND ENTERED this day of July, 1997, in Tallahassee, Leon County, Florida. CHARLES C. ADAMS 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 day of July, 1997. COPIES FURNISHED: Christine M. Ryall, Esquire Department of Business and Professional Regulation Division of Real Estate 400 West Robinson Street, Suite N-308 Orlando, Florida 32801-1772 William A. Parsons, Esquire Woerner & Parsons 2001 South Ridgewood Avenue South Daytona, Florida 32119 Henry M. Solares, Division Director Division of Real Estate 400 West Robinson Street, Suite N-308 Orlando, Florida 32802-1900 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact On January 19, 1981, Petitioner Gimelstob filed an application for licensure as a real estate salesman with the Florida Real Estate Commission. By letter dated April 28, 1981, the Commission denied Petitioner's application, stating that the specific reason for the Commission's denial was based on his answer to question six of the licensing application and his criminal record. The application form for licensure as a real estate salesman includes question six which inquires: 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. . .without regard to whether convicted, sentenced, pardoned or paroled? In response to this inquiry, the Petitioner answered "Yes". The question goes on to request: "If yes, state details including the outcome in full." The Petitioner revealed on his application form that he was convicted of assault on a federal officer and constructive possession of stolen merchandise for which he was sentenced to 7 1/2 years in prison and fined $10,000. Following 2 1/2 years of confinement, the Petitioner was paroled and successfully completed his parole on July 19, 1978. On June 8, 1972, the Petitioner was convicted on counts three and four of a four count indictment. Count three charged that the Petitioner knowingly possessed goods which had been stolen from interstate shipment and count four involved an assault and interference with a special agent of the Federal Bureau of Investigation while engaged in the performance of his duties. On December 18, 1973, the Petitioner was adjudged guilty on count one of conspiring to remove merchandise knowing the same to have been unlawfully removed from custody and embezzling and transporting stolen goods for interstate shipment. The Petitioner was sentenced to 7 1/2 years in the federal penitentiary and fined $10,000. Although tried separately, the convictions set forth above were apparently part of a single multi-count indictment involving one transaction. In May, 1961, the Petitioner was arrested but not convicted for receiving stolen goods. The Petitioner did not list this arrest on his application due to the length of time since the occurrence and his confusion over what the question was intended to cover. The Petitioner did not intend by his answer to mislead the Commission regarding his prior record. Since his parole, the Petitioner has worked diligently to overcome his past problems. He is highly regarded by those with whom he worked in New Jersey prior to moving to Florida. In particular regard to financial matters and trust of monies, the Petitioner presently enjoys an excellent reputation in the financial community as a successful and honest businessman. Mr. Theodore Edwards, the Petitioner's parole officer, described the Petitioner as "completely rehabilitated". This view is also apparently shared by the Parole Board which granted the Petitioner an early discharge from parole. Since his release from prison the Petitioner has raised two children from his first marriage and also remarried. His daughter has recently graduated from Indiana University and his son attends Miami-Dade Junior College.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Respondent Florida Real Estate Commission enter a final order granting Petitioner Herbert Gimelstob's application for a real estate license. DONE and ORDERED this 9th day of September, 1982, in Tallahassee, Florida. SHARYN L. SMITH, 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 9th day of September, 1982. COPIES FURNISHED: Angelo Ali, Esquire Suite 400 Roberts Building 28 West Flagler Street Miami, Florida 33130 Lawrence S. Gendzier, Esquire Assistant Attorney General Department of Legal Affairs Room 212, 400 West Robinson Orlando, Florida 32801 Frederick H. Wilsen, Esquire Department of Professional Regulation State Office Building 400 West Robinson Post Office Box 1900 Orlando, Florida 32802 Carlos B. Stafford Executive Director Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32802 Samuel R. Shorstein Secretary Department of Professional Regulation Old Courthouse Square Building 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact By application originally executed on March 6, 1987, petitioner, Paul Elden, sought licensure as a real estate salesman by examination with respondent, Department of Professional Regulation, Division of Real Estate (Division). The application reflects it was received by the Division on July 27, 1987. Question six on the application requires the applicant to state whether he or she "has ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld." Petitioner answered in the affirmative and gave the following response: March 1986 for bookmaking was given two years probation. Upon further investigation by the Division, it learned that on March 17, 1986 in the Broward County Circuit Court, Elden was adjudicated guilty of two counts of bookmaking. In addition, adjudication of guilt was withheld for a third count of possession of gambling paraphernalia. All counts were felony charges. For these charges, Elden was placed on two years' probation. The probation was successfully completed in March, 1988. Based upon this information, but without citing relevant statutory grounds, the Division denied the application by letter dated January 21, 1988. Elden freely acknowledged his mishap with the law. It occurred in December, 1985 when a Hallandale undercover police officer entered his book store in Hallandale and asked Elden to place two bets on football games. Elden took the bets and placed them with a bookie who frequented the store for the purpose of taking bets from Elden and other customers. Elden was later charged with two felony counts of bookmaking and, after a notebook with names of betting customers was found on the premises, he was also charged with possession of gambling paraphernalia. Elden no longer owns the book store in which the gambling occurred. At the time of hearing, Elden was a sales representative for a local health maintenance organization. If his application is granted, he intends to place his license with a North Miami Beach broker who has offered him a position.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Paul Elden for licensure as a real estate salesman by examination be DENIED. DONE AND ORDERED this 23rd day of May, 1988, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 23rd day of May, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-0350 Respondent: Covered in findings of fact 1 and 2. Covered in finding of fact 3. Covered in finding of fact 4. Rejected as unnecessary. COPIES FURNISHED: Mr. Paul Elden 2049 South Ocean Drive Hallandale, Florida 33009 Manuel E. Oliver, Esquire 400 West Robinson Street Room 212 Orlando, Florida 32801 Darlene F. Keller Executive Director Division of Real Estate Post Office Box 1900 Orlando, Florida 32802 William O'Neil, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Whether the Respondent's real estate license #0067819 should be suspended, or whether he should be otherwise disciplined.
Findings Of Fact The Respondent, Jeffry G. Pearl, is a registered real estate salesman and was so registered at all times pertinent to this hearing. An Administrative Complaint was issued against him on June 27, 1979. An answer was filed on July 30, 1979, together with a Motion to Quash and a request for an administrative hearing. The Petitioner Commission forwarded the request to the Division of Administrative Hearings on August 7, 1979. The Motion to Quash was denied September 13, 1979, after review of the Memorandum of Law submitted. Prior to the beginning of the formal hearing, the Respondent re-argued the Motion to Quash, challenging inter alia the constitutionality of the statute under which the complaint was issued. The Motion was again denied. Count II of the previously filed Administrative Complaint was dropped upon an oral motion to amend by the petitioner Commission. On September 15, 1978, Respondent Pearl was arrested and charged with possession of controlled drugs, driving under the influence, and possession with intent to distribute, contrary to Sections 893.13 and 316.193, Florida Statutes. Respondent pleaded guilty on February 9, 1979, to possession of controlled substances [three (3) counts] and was convicted of the offenses on that date. The imposition of sentence was stayed and withheld, and he was placed on probation and released into the custody of the Department of Offender Rehabilitation for a term of five (5) years. The condition of probation was that he pay a fine of $5,000.00. The Respondent is now and has been on probation since February 9, 1979, and is subject to terms and conditions "to be set forth by further order of the court." Respondent Pearl admitted that on September 15, 1978, he was driving in Miami, Florida, and was arrested while under the influence of drugs. A large amount of cash and drugs was found in his automobile. The Respondent admitted that he had been addicted to drugs of all types, including marijuana and cocaine. After his arrest Respondent was imprisoned, but before his case came to trial he entered a hospital in Miami, Florida, and thereafter went to the Palm Beach Institute, a treatment center aligned with Alcoholics Anonymous and Narcotics Anonymous. He was discharged from the Palm Beach Institute in January of 1979, and has continued treatment on an outpatient basis. The Respondent stated that he has been drug-free since January of 1979, and that he started back to work with Miami Beach Realty on a full-time basis in April of 1979. Respondent Pearl presented as a witness Dr. Jose Almedia, a physician specializing in psychiatry. Dr. Almedia stated that the Respondent had not taken drugs of any kind to his knowledge from October of 1978, to September of 1979. He said that the Respondent is at present mentally clear, pleased with himself and his family, and that he is a completely different person from the time he first saw him in 1978. Dr. Almedia said that he believes the Respondent has turned his life around, and that since he has a job and goals the Respondent now has something for which to look forward. A second witness for Respondent Pearl was Melvin Black, an attorney specializing in criminal law. Mr. Black stated that the Respondent had originally been incarcerated for about a week, and that after he, as Respondent's attorney, had obtained a bond for the Respondent he became concerned not only with the criminal charges against the Respondent but also with his well-being. Black advised the presiding judge that Respondent Pearl was undergoing treatment, that he had voluntarily admitted himself for treatment, and the circuit judge had postponed the proceedings pending the completion of the treatment. Thereafter, about five (5) months later, a plea of guilty to the three (3) counts of possession of drugs was entered. Charges as to driving under the influence and possession with intent to distribute were not pressed. The probationary sentence and fine were the results of Respondent Pearl's conviction on the charges to which he had pleaded guilty. Certified copies of said conviction were entered into evidence. Respondent submitted a memorandum of law on December 7, 1979. The memorandum has been considered in the writing of this order. No memorandum was submitted by the Petitioner Board.
Recommendation Inasmuch as the Respondent, Jeffry G. Pearl, has embarked on a strenuous period of rehabilitation and appears to be successful at this point in time, it is recommended that his license be suspended for a period of sixty (60) days from the date of this order, and that after the expiration of said suspension an investigation be made by the Petitioner Commission to determine whether such suspension should be extended. DONE and ORDERED this 19th day of December, 1979, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of December, 1979. COPIES FURNISHED: Mark A. Grimes, Esquire Board of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Scott T. Eber, Esquire 151 South East 14th Terrace Miami, Florida 33131
Recommendation Based, upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Florida Real Estate Commission revoke the registration of Lawrence R. Cole as a registered real estate salesman. DONE and ORDERED this 12th day of August, 1977, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Vaughan David Hulse, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Lawrence R. Cole c/o Leslie L. White 1924 Courtland Street Orlando, Florida 32810
Findings Of Fact The Petitioner applied to the Board of Real Estate for licensure as a real estate saleswoman on or about July 28, 1980. After due deliberation the Board informed the Petitioner, on October 31, 1980, that she had been denied licensure due to her answers to question 6 of the application which revealed that she had a criminal record involving an arrest for larceny. The Petitioner exercised her rights to a formal proceeding pursuant to Chapter 120.57, Florida Statutes, and appeared at the hearing pro se, without witnesses, being permitted to testify on her own behalf. The Petitioner admitted that in 1977 she had been arrested and convicted in Leon County for the crime of grand larceny by embezzlement. She was employed as Manager of a Burger King restaurant at the time and was, in effect, convicted of embezzling bank deposits for the restaurant. The Petitioner pled not guilty to the charge but was found guilty pursuant to jury verdict. Upon her conviction she was sentenced to six months in the Florida State Prison at Lowell, Florida, followed by four years probation. The Petitioner remains on probation for that conviction and is making restitution payments to replace the money stolen. She was unable to testify precisely when her probationary period will expire, but it is to be approximately in October, 1981, and would have been sooner had she not fallen in arrears in making restitution payments. She is now making her payments currently and regularly and there is no other impediment to her being released from probation once full restitution is made. During the course of her cross-examination the Petitioner also admitted that she had been arrested by the Tallahassee Police Department in 1972 for the crime of larceny and further admitted that she had not disclosed this arrest on her application with the Board of Real Estate. The Petitioner indicated she had forgotten about the arrest and she felt that it was so remote in time as to not be pertinent to the application process. She was found guilty of the charge of larceny in connection with the 1972 arrest, the sentence being payment of a fine and restitution to the victim. Subsequent to her release from prison, the Petitioner has married, and is the mother of two young sons. She is currently employed by the Polk County School Board as a teacher's aid for disabled children. In order to qualify for this employment position she had to have a high school degree and sufficient college credit hours to meet the requirements for employment as a teacher's aid. Prior to this job she was employed in Polk County as a substitute teacher. The Petitioner is a member of a church and attends regularly and her general demeanor and the overall tenor of her testimony demonstrates that she has matured significantly since the unfortunate criminal behavior in which she engaged end has achieved a stable family life and employment pattern. She has demonstrated significant maturity of character since the time of the arrest and conviction, measured by the fact that she has accepted and successfully discharged the responsibility of marriage, the rearing of two children, and the concomitant duties and responsibilities of employment for the partial support of her family.
Recommendation In consideration of the foregoing Findings of Fact and Conclusions of Law, as well as the candor and demeanor of the witness, it is RECOMMENDED that a final order be entered by the Board of Real Estate denying the application of Earnestine D. Davis for licensing as a real estate saleswoman at this time, but that she be given prompt and beneficial consideration for licensure upon appropriate reapplication when her current criminal probationary status has terminated. DONE AND ENTERED this 7th day of May, 1981 in Tallahassee, Leon County, Florida. P. MICHAEL RUFF 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 7th day of May, 1981. COPIES FURNISHED: Earnestine D. Davis 880 Parkham Court Bartow, Florida 33830 Jeffrey A. Miller Assistant Attorney General Department of Legal Affairs Office of Attorney General Tallahassee, Florida 32301 Nancy Wittenberg, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Respondent, who was 54 years old at the time of the hearing, grew up in Blountstown, where he knew Ralph W. and Kate Foster, and their three children: Ralph, Jr., Alice and Mary. Kate Foster was his first grade teacher. Only Mary survives. Alice died in 1971, leaving two children. Ralph, Sr., died in 1973, less than two weeks before Kate died. Ralph, Jr., died in 1974, leaving Folly Hayes Foster a widow. In 1949, respondent moved to Mexico Beach, Florida, and in 1950, he went to work for Mexico Beach Corporation, selling and renting property. In that year he registered with petitioner as a real estate salesman. He is presently a registered real estate broker. Over the years, the Fosters acquired various parcels of Mexico Beach real estate and built cottages; Mary and Alice each ended up with a beach cottage, but for many years Ralph, Jr., had no cottage. Kate Foster wanted her son to have her cottage after her death. She consulted a lawyer in Blountstown who drew a deed in favor of Ralph, Jr., reserving in Kate a life estate. This deed mistakenly contained the legal description not of Lot 8, the improved lot Kate intended to convey, but of an adjoining, unimproved lot. Kate did not notice this when she executed the deed and everybody in the family was under the impression that Lot 8 had been conveyed. After her mother's death, Mary saw to it that the rental income from Let 8 was deposited first to her brother's account, then, after his death, to the account of Folly Hayes Foster. In 1975, Polly Hayes Foster told Mary that she wanted to sell Lot 8. As a result, Mary asked respondent to try to sell Lot 8. According to tax records respondent had copies of at the time, "Foster, R.W." had title to the property. Respondent had kept up with the Fosters and, like the family itself, was under the impression that Polly Hayes Foster had acquired Lot 8 upon her husband's death. Respondent showed Lot 8 to James C. and Mary B. Williams, who decided they wanted to buy it. Respondent prepared a warranty deed by filling in a form. Petitioner's exhibit No. 1. Among the items filled in was the legal description of Lot 8. In connection with their purchase of this property, the Williamses borrowed money from the Citizens Federal Savings & Loan Association of Port St. Joe, which, on the advice of counsel, accepted a mortgage on Lot 8 as security for repayment of the loan. In the course of trying to sell two lots the family thought belonged to Kate's estate, Mayo C. Johnston, the lawyer handling the estate, discovered that one of the Lots had been conveyed to Ralph Jr. Petitioner's exhibit No. 4. It soon came to light that this lot had been mistakenly conveyed instead of Lot 8. With the active cooperation of respondent, deeds of rectification were drawn and record title was made to conform to the intentions and understanding of everybody involved. Neither the Williamses nor any member of the Foster Family has suffered any financial harm as the result of these transactions.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner dismiss the administrative complaint against respondent. DONE and ENTERED this 1st day of August, 1979, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Kenneth M. Meer, Esquire Post Office Box 1900 Orlando, Florida 32802 Robert W. Moore, Esquire 203 Third Street Port St. Joe, Florida 32456
