Findings Of Fact The Florida Real Estate Commission (Commission hereafter) by its representative, Charles F. Borer (Plaintiff hereafter) filed an Administrative Complaint on December 17, 1976, alleging that the Defendant, on or about April 29, 1975, was found guilty in the Twelfth Judicial Circuit Court of this state of engaging in lewd and lascivious acts or assault upon or in the presence of a child and that by reason thereof, the Defendant is guilty of a crime of moral turpitude fraudulent or dishonest dealing in violation of subsection 475.25(1)(e), Florida Statutes. Based thereon, the Commission seeks to revoke or suspend the licensee and his right to practice thereunder. The Commission introduced into evidence an Information filed January 20, 1975, against the Defendant for engaging in Involuntary Sexual Battery, Lewd and Lascivious Act or Assault upon or in the Presence of a Child in violation of Chapter 794.021(e) and Chapter 800.04 Florida Statutes. On April 29, 1975 a jury found the Defendant guilty as charged. See Commission's Exhibit #1. Chapter 475.25 Florida Statutes set forth grounds for which the Commission may revoke or suspend a registrant's license. Subsection (e) thereof provides in pertinent part that the Commission may suspend a registrant's registration based upon a finding that the registrant has "been guilty of a crime against the laws of this state or any other state or of the United States, involving moral turpitude The documentary evidence introduced and received in this case provides ample basis for a finding that the registrant has been guilty of a crime within the meaning of Chapter 475.25(1)(e). Based thereon, I make the following:
Recommendation 1. That the Defendant's registration as a real estate salesman be suspended for a period of two years. DONE and ENTERED this day of April, 1977, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Bruce I. Kamelhair, Esquire 2699 Lee Road Winter Park, Florida 32789 Frank L. Pepperel c/o ITT Community Development Corp. 5225 Northwest 87th Avenue Miami, Florida 33166
Findings Of Fact By application filed with respondent, Division of Real Estate (Division), on July 5, 1988, petitioner, Garth Arin Malloy, sought licensure as a real estate salesman. In response to question six an the application, petitioner acknowledged that he had been arrested in August 1984 for possession of marijuana, a felony, and burglary and sexual misconduct, both misdemeanors, and ultimately pled guilty to the felony charge of possession of marijuana and the misdemeanor charge of sexual misconduct. After reviewing the application, and securing petitioner's record of arrests, respondent issued proposed agency action in the form of a letter on October 3, 1988, denying the request on the ground petitioner was not "honest, truthful, trustworthy, and of good character" and did not "have a good reputation for fair dealing." The denial prompted petitioner to request a formal hearing. Malloy, who is twenty-eight years old, graduated from Spring Hill College in Mobile, Alabama in February 1983 with a degree in psychology. After graduation, he worked as a recreation director for a residential care facility for emotionally disturbed children in the Mobile area. In August 1984 he was arrested for possession of marijuana after police found marijuana plants growing in his backyard. The charge was a felony under Alabama law. A short time later, one of Malloy's neighbors lodged charges of sexual abuse against him for allegedly making improper advances on her thirteen year old son. A charge of second degree burglary, a felony, was added for Malloy allegedly unlawfully entering the house where the minor resided Upon advice of his attorney, Malloy accepted a negotiated plea offered by the state and pled guilty to the felony charge of possession of marijuana and to a reduced misdemeanor charge of sexual misconduct, and the state agreed to dismiss the burglary charge. After the plea was accepted, Malloy was placed on probation for five years. Except for these offenses, petitioner has never been charged with or convicted of any other crimes. Malloy accepted the above arrangement since he did not wish to go to trial and risk incarceration. He readily acknowledged the presence of marijuana plants in his back yard which he said were for his own consumption and that of some friends. However, he vigorously denied the sexual misconduct and related burglary charges and blamed them on the neighbor who he contended was mentally unstable and vindictive. Since Malloy's plea, he has been on supervised probation which is scheduled to end on January 1, 1990. Under the terms of his probation, Malloy must check in once a month, report his activities to a supervisor and attend counseling sessions. He is currently in the process of requesting an early termination of probation. Malloy left Alabama in early 1985 and worked briefly at a resort in Key West. In late 1985 he began employment with a satellite communications firm in St. Petersburg and was in charge of sales, credit and installations for three area stores. In that capacity, he handled the firm's money and was required to frequently deal with the public. After a brief stint as an assistant store manager with a Sarasota department store, Malloy worked two years as a teller for a Sarasota savings and loan institution where he handled large amounts of cash on a daily basis. It is noteworthy that the bank hired petitioner with the knowledge of his criminal background. Pending the outcome of this proceeding, Malloy is working as an office manager with a Sarasota air-conditioning firm. Malloy now wishes to enter the real estate profession and eventually specialize in appraising. Malloy's honesty, trustworthiness and good reputation were attested to by the branch manager of the bank where Malloy was employed and the owner of the business where he now works. Malloy was described as being honest, reliable and trustworthy. Both had the utmost confidence in entrusting Malloy with handling moneys. Indeed, all positions held by Malloy since 1985 have involved unsupervised responsibilities, the handling of cash and dealings with the public. As such, he has established rehabilitation. There was no evidence to contradict these findings.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Garth Arin Malloy for licensure as a real estate salesman be GRANTED. DONE and ORDERED this 23rd day of March, 1989, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of March, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-5666 Petitioner: 1. Covered in finding of fact 1. 2-3. Covered in finding of fact 4. 4-6. Covered in finding of fact 2. 7. Rejected as unnecessary. 8-9. Covered in finding of fact 4. 10-11. Covered in finding of fact 3 12-13. Covered in finding of fact 4. 14. Covered in finding of fact 3. 15. Covered in finding of fact 6. 16-32. Covered in finding of fact 7. 33. Rejected as unnecessary. 34. Covered in finding of fact 5. 35. Covered in finding of fact 4. 36. Rejected as being a conclusion of law. 37-38. Covered in finding of fact 7. 39. Rejected as unnecessary. COPIES FURNISHED: Edwin M. Boyer, Esquire 2055 Wood Street, Suite 220 Sarasota, Florida 34237 Manuel E. Oliver, Esquire Room 212, 400 West Robinson Street Orlando, Florida 32801 Darlene F. Keller Director Division of Real Estate Post Office Box 1900 Orlando, Florida 32802 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
Findings Of Fact On November 18, 1976, the Real Estate Commission received respondent's application for registration as a real estate salesman. In answering the sixth question on the application form, respondent indicated that he had never been arrested for any offense. In fact, respondent was arrested for driving while intoxicated in Ft. Lauderdale and was convicted of this offense in municipal court on September 22, 1960. On April 3, 1962, he was convicted in municipal court of assault and battery on the person of Jill Boyd an offense for which he was arrested in Ft. Lauderdale on March 27, 1962. He was arrested a second time for driving while intoxicated in Ft. Lauderdale and was convicted of this offense in municipal court on February 28, 1967. On still other occasions, respondent was arrested for public intoxication and for traffic offenses. Before submitting his application for registration as a real estate salesman, respondent enrolled at the Florida Real Estate Academy for a five day crash course. An instructor told his class that the Real Estate Commission checked only five years back for arrests.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner revoke respondent's real estate salesman's license with leave to respondent to file a proper application. DONE and ENTERED this 6th day of December, 1977, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Mr. Louis B. Guttmannp, III, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Michael Diamond Post Office Box 9206 Ft. Lauderdale, Florida 33310
Findings Of Fact Respondent is now and was at all relevant times to this proceeding a registered real estate salesman. On October 10, 1973, pursuant to his plea of guilty, respondent was convicted by the United States District Court for the Southern District of Florida, Judge Peter T. Fay, of the offense of knowingly and intentionally possessing with intent to distribute marijuana, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 841(a)(1). On January 29, 1974, another judgment and commitment was entered for the sane count changing the terms of the sentence imposed. (Exhibits 3 and 4). By an information filed by the Florida Real Estate Commission, respondent was charged with violating F.S. Section 475.25(1)(e) in that he had been guilty of a crime against the laws of the United States involving moral turpitude. On February 7, 1975, respondent, through his attorney Howard Friedin, filed his answer to the information. On October 6, 1975, the Division of Administrative Hearing sent to the attorneys for petitioner and for respondent its notice of hearing to be held on November 4, 1975. The Executive Director of the Florida Real Estate Commission also forwarded the notice of hearing by registered/certified mail to the respondent's attorney on October 15, 1975. (Exhibit 1) Sometime prior to the hearing, the attorney for the respondent notified the Real Estate commission that respondent had left the State of Florida with the intention not to return and that he no longer represented respondent. It was not clear whether respondent himself had received actual notice of the hearing. Respondent did rot appear at the hearing.
Recommendation Based upon the above findings of fact and conclusions of law, it is recommended that respondent's registration as a real estate salesman be suspended for a period of two years. Respectfully submitted and entered this 10th day of December, 1975, in Tallahassee, Florida. DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Frederick W. Jones, Esquire Staff counsel Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 Mr. Paul E. Mathas c/o Property Resale Service, Inc. 230 N.E. 79th Street Miami, Florida 33138 Mr. Paul E. Hathas c/o Howard Friedin, Esquire 3050 Biscayne Boulevard, Suite 904 Miami, Florida 33137
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
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 petitioner's application for licensure as a real estate salesman should be denied because he allegedly lacks the requisite honesty, trustworthiness, truthfulness, good character, and good reputation for fair dealing.
Findings Of Fact On June 10, 1983, petitioner filed an application for licensure as a real estate salesman with the Florida Real Estate Commission. Question No. 6, on the application, reads: 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? If yes, state details including the outcome in full. Question #6 was answered by Petitioner as follows: Feb. 11, 1979 arrested - (hit & run & possession of cocaine) [sic] Case #79521C. In hit & run charge - (felony was dropped) In the cocaine [sic] charge 3 yrs. probation (Aug. 1, 79, Aug. 1, 82). Also (July 11, 80) went to court for loitering or prowling charge - Pleaded no contest and paid $25 court cost - Case No. 80-4630mm. On August 17, 1983, the Commission tentatively denied his application because of his criminal record disclosed by this answer to Question No. 6. His answer was truthful and correct. On February 11, 1979, he was arrested in Lake Worth, Florida, and charged with possession of cocaine and hit and run. The hit and run charge was dropped and, on August 1, 1979, he pled guilty to the charge of possession of cocaine. He was adjudged guilty and sentenced to three years of probation. On April 22, 1980, while on Probation, petitioner, was arrested in Boynton Beach, Florida, charged with loitering or prowling, and later convicted. II. Petitioner, 22, was 18 years old in 1979, when he was arrested, and convicted of possessing a small amount of cocaine. The seriousness of his loitering or prowling conviction, which occurred in the next year, is revealed by the minimal sentence he received--a $25 fine. That was his last unlawful act, and it occurred almost four years ago. During the last two years, his life and character have changed dramatically. He avoids illicit drugs; he works 60 hours a week as a salesman in a West Palm Beach furniture store; and he is the sole support for his 2 year old daughter, Keisha. Both he and his friends attribute his change in lifestyle and character to the love and responsibility he feels for Keisha, whose mother left him approximately a year ago. Two character witnesses, admittedly his friends, know petitioner to be an honest, trustworthy, and straight-forward person. They have been impressed by his willingness to accept responsibility for his young daughter and raise her almost single-handedly; by his willingness to work hard as a salesman and improve his lot. Both witnesses are reputable real estate brokers or salesmen in Florida. One has been in the real estate business for 11 years, is president of the largest realtor office in Palm Beach County, does a real estate radio talk show, and teaches and publishes articles on investing in real estate. He has known petitioner for about three years and stated, without hesitation, that he would hire petitioner if he obtains a real estate license. The other witness, licensed since 1977, has known petitioner since boyhood and believes that respondent would make a good real estate salesman. The opinions of these character witnesses are persuasive and supported by other convincing evidence. Until recently, when he began working at a West Palm Beach furniture store because of the opportunity for increased sales, he had worked at a Lake Worth furniture store for 3 and 1/2 years. He began as a delivery boy, was promoted to part-time sales, then full-time sales. He opened the store four to six days a week. For the last four years, he has been a stable, productive and, by all accounts, reliable employee. The Commission has not alleged or shown otherwise. Petitioner's completion of his application, and his candor and demeanor at hearing, provide further evidence of his character and honesty. On his application he truthfully and fully disclosed his previous arrests and convictions. At hearing, he candidly admitted his past indiscretions or unlawful acts, and expressed a sincere desire for an opportunity to become a real estate salesman: Yes, I would very much appreciate an opportunity to take the test. Like I say, my four years is a very long time. I don't know if it is for most people. It's been a long time for me. My lifestyle, you could really call it boring. Like I say, I am working sixty hours a week and taking of the business with the baby just about the rest of the time, and ninety percent of my spare time is spent with her. I am trying to prove something to you today that I already know in my heart, and that is that I would not cheat anybody and I do have a general fair and loving outlook on life. That's all. (TR.-28) Based on the above, it is concluded, as an ultimate finding, that petitioner is honest, truthful, and trustworthy, and has good character and reputation. His conduct, over four years, demonstrates that he possesses these qualities. Two licensed real estate professionals, aware of his past misdeeds, enthusiastically vouch for his good character and ask that he be given an opportunity to become a salesman. It appears likely that his licensing, should he pass the examination, will not endanger the interests of the public or real estate investors.
Recommendation Based on the foregoing, it is RECOMMENDED: That petitioner be found qualified, under Section 475.17, and that, upon passing the required examination, he be licensed as a Florida real estate salesman. DONE and ENTERED this 16th day of February, 1984, in Tallahassee, Florida. R. L. CALEEN, JR. 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 16th day of February, 1984.
The Issue Should Petitioner impose discipline against the licenses held by Respondent as a real estate broker, licenses numbers 3000807, 3000808, and 300092222, and as a real estate instructor, license number 32195, for alleged violations of Section 475.25(1)(f), (n) and (p), Florida Statutes (2004)?
Findings Of Fact Facts Alleged in the Amended Administrative Complaint Uncontested by the Answer: 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 Section 20.165 and Chapters 120, 455 and 475, Florida Statutes, and the rules promulgated pursuant thereto. Respondent is and was at all times material hereto a licensed Florida real estate broker, issued license numbers 3000807, 3000808, and 3092222, in accordance with Chapter 475 of the Florida Statutes. The last licenses issued were as a broker at AAA Realty of Florida Comm. Real Estate Properties/Investments, Inc., 132 South Atlantic Avenue, Daytona Beach, Florida 32118, and at AAA Realty of Florida International Inc., 132 South Atlantic Avenue, Daytona Beach, Florida 32118. Respondent is a licensed real estate instructor issued license number 32195 with AAA College of Real Estate. Additional Facts: More specifically concerning licenses issued to Respondent as a real estate broker, from January 1, 2005 through March 13, 2006, Respondent was a broker doing business as AAA Realty of Florida License No. BK3000807, a brokerage sole proprietorship located at 132 South Atlantic Avenue, Daytona Beach, Florida 32118. From January 1, 2005 to March 13, 2006, Respondent was a broker, License No. BK3092222, affiliated with AAA Realty of Florida International, Inc., License No. CQ0000000, a brokerage corporation located at 132 South Atlantic Avenue, Daytona Beach, Florida 32118. License No. BK3000808 expired March 31, 2004. In State of Florida vs. Fadel Fawzi Elbadramany, in the Circuit Court, Seventh Judicial Circuit, in and for Volusia County, Division 41, Case No. 2001-36519CFAES, the defendant, Respondent here, was tried and found guilty by a jury of grand theft of over $20,000, an offense recognized in Subsections 812.014(1) and (2) (b), Florida Statutes. On February 11, 2005, an order of judgment was entered by Circuit Judge R. Michael Hutcheson adjudicating the defendant in that cause, Respondent, in the present case, guilty of grand theft. On that same date an order of sentence was entered against the defendant/Respondent, by which he was committed to the Department of Corrections to be imprisoned for a term of 15 years, with credit for 105 days of time served while incarcerated before the imposition of this sentence. By separate order the defendant/Respondent was required to pay certain charges, costs and fees. That order was entered on February 11, 2005. In Fadel Elbadramany, Appellant, vs. State of Florida, Appellee, in the District Court of Appeal of the State of Florida, Fifth District, July term 2006, Case No. 5D05-754 decision filed August 8, 2006, the court entered a per curium affirmance. On September 27, 2006, that court ordered "that appellant's motion for rehearing, rehearing En Banc and request to issue a written opinion filed August 22, 2006 and Appellant's Supplemental to Request to Issue a Written Opinion, filed September 18, 2006 are denied." Respondent is presently confined in Washington Correctional Institution where the final hearing was held. He is inmate number V21541. His tentative release date from his imprisonment is October 26, 2019. His confinement is in relation to the grand theft offense.
Recommendation Based upon the consideration of the facts found and the conclusions of law reached, it is RECOMMENDED: That a final order be entered finding Respondent in violation of Section 475.25(1)(f) and (n), Florida Statutes (2004), that Respondent did not violate Section 475.25(1)(p) Florida Statutes (2004), and revoking the real estate broker licenses and real estate instructor license held by Respondent. DONE AND ENTERED this 20th day of December, 2006, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of December, 2006.
