Findings Of Fact The Defendant, Theodore Michael Lakos, was at all material times, registered with the Florida Real Estate Commission as a real estate salesman. On or about April 20, 1976, a Second Amended Information was filed by the State Attorney for the First Judicial Circuit of Florida against Theodore Michael Lakos, and others in the Circuit Court of Escambia County, Florida. A copy of the Second Amended Information was received in evidence at the hearing as Plaintiff's Exhibit 2. On or about August 25, 1976, Theodore Michael Lakos withdrew his previous plea of not guilty of the charges, and entered a plea of nolo contendere to Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Amended Information. On or about November 9, 1976, Theodore Michael Lakos was adjudicated guilty of the charges alleged in Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Admended Information. Sentencing was stayed for a period of ten years, during which time the Defendant will be on probation under the supervision of the Florida Parole Commission. A copy of the Judgment and Sentence was received in evidence at the hearing as Plaintiff's Exhibit 4. In accordance with the Defendant's plea of nolo contendere, and the court's judgment, it is found that the Defendant, Theodore Michael Lakos, did knowingly, unlawfully and feloniously agree, conspire and confederate with others to commit the felony of breaking and entering, in violation of Sections 833.04 and 810.01, Florida Statutes, as charged in Count 1 of the Second Amended Information. It is found that the Defendant, between March 1, 1975, and up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny, in violation of Sections 833.04 and 811.021, Florida Statutes, as charged in Count 2 of the Second Amended Information. It is found that the Defendant between, on or about March 1, 1975, ad up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired and confederated with others to commit the felony of first degree larceny, in violation of Sections 833.04 and 806.01, Florida Statutes, as charged in Count 3 of the Second Amended Information. It is found that the Defendant, between on or about March 29, 1975, and up to and including on or about April 18, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny in violation of Section 833.04, and 811.021, Florida Statutes, as charged in Count 4 of the Second Amended Information. It is found that the Defendant, on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: breaking and entering, in that he aided, abetted, counselled, or otherwise procured others to unlawfully break and enter a dwelling house with intent to commit a felony, to wit: grand larceny in violation of Sections 776.011 and 810.01, Florida Statutes, as charged in Count 6 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled or otherwise procured as a principal in the first degree, the commission of a felony, to wit: grand larceny, in that he aided abetted, counselled, or otherwise procured others to unlawfully take, steal, and carry away certain property of the aggregate value of more than one hundred dollars, in violation of Sections 776.011 and 811.021, Florida Statutes, as charged in Count 8 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: first degree arson, in that he aided, abetted, counselled, or otherwise procured another to willfully and maliciously set fire to a dwelling house in violation of Sections 776.011 and 806.01, Florida Statutes, as charged in Count 10 of the Second Amended Information.
The Issue Whether the Petitioner meets the qualifications for licensure pursuant to Chapter 475, Florida Statutes.
Findings Of Fact On April 2, 1987, in Pinellas County, Florida, the Petitioner entered a nolo contendere plea to a charge of exposure of sexual organs, a violation of Section 800.03, Florida Statutes. On or about August 17, 1987, the Petitioner filed an application for licensure as a real estate salesman. In response to a question involving prior criminal violations, the Petitioner informed the Respondent of the past violation and his nolo contendere plea. On January 5, 1988, through its legal advisor, the Respondent notified the Petitioner that his application for a real estate license was denied because of the nolo contendere plea to the indecent exposure charge. The Petitioner requested a formal administrative hearing. During the administrative hearing, the Petitioner testified that on the date of the alleged criminal violation, he stopped on his way to shopping mall to relieve himself in a public restroom located in Freedom Lake Park. While in the restroom, he was approached by a man who strongly implied he wanted to see the Petitioner's sexual organs. At first, the Petitioner did not respond to the request. He then told the man "no" and went to use the urinal. The other man identified himself as a police officer and placed the Petitioner under arrest for exposure of sexual organs. Once charged with the offense, the Petitioner had to decide whether to contest the charge by requesting a trial or to enter into a plea bargain agreement. The Petitioner was a high school guidance counselor at the time of the arrest. Because of his employment, he was concerned about the notoriety a trial involving sexual misconduct would bring and its damage to his career. He was also concerned about the effects of a trial upon him and his family. The terms of the plea agreement were that if he were to enter a nolo contendere plea, adjudication of guilt would be withheld by the court. He would be fined $150.00, required to seek counseling, and be placed on six months of supervised probation. Upon advice of counsel, the Petitioner chose to enter the plea, and accept the plea bargain agreement.
The Issue Whether Dorothy M. Azar answered Question 6 on her application incorrectly with the intent to obtain her license by fraud, misrepresentation or concealment.
Findings Of Fact Dorothy M. Azar is a registered real estate saleswoman holding License No. 0164341 issued by the Florida Real Estate Commission. Azar applied for licensure initially on June 7, 1976. See Exhibit 1, pages 1 and 2. Azar subsequently reapplied on August 24, 1976. This application was stamped received by the Florida Real Estate Commission on August 27, 1976. Azar was arrested on June 9, 1976 pursuant to the Information filed by Robert Eagan, State Attorney, Ninth Judicial Circuit, State of Florida, which charged Azar with a violation of Florida Statute 812.021 and alleged that she took, sold or carried away property; to wit: clothing, the property of Robert Kleinmann as custodian and of a value of more than One Hundred Dollars ($100.00) with the intent to permanently deprive Kleinmann of the clothing. This criminal information was received as Exhibit 2. When Azar completed her second application on August 25, 1976, no action had been taken on the criminal charges pending against her. On or about this date, according to her testimony, she went from Lehigh Acres, Florida, to the Florida Real Estate Commission Offices in Winter Park, Florida, to review the examination which she had taken and failed in July. While there, she filled out her second application, pages 3 and 4 of Exhibit 1. According to her testimony, Azar was very rushed because her review appointment was for only one hour and she had arrived late. She stated that prior to her review she was given an application to fill out and that she did not even read the questions but copied her answers from her first application. She further testified that she had at first copied her old address in Orlando on the second application, correcting it to her new address in Lehigh Acres in the margin of the application. See page 3, Exhibit 1. On September 8, 1976, the Florida Real Estate Commission made a check of any arrests of Azar as indicated by the annotation on the second application under Question 6. On November 30, 1976, Azar entered a plea of no contest to the charge of attempted grand larceny and adjudication was withheld. See the Court Minutes, Exhibit 3, and the testimony of Azar. On November 15, 1976, the Florida Real Estate Commission issued Azar her license as a registered real estate saleswoman. The answers to Questions 4 and 5 on the second application filed by Azar differ slightly from the answers given to those questions on her first application. Although Azar testified that she did not read the questions on the second application but recopied her answers from her first application, the fact that the entries on the second application to Questions 4 and 5 differ from those on the first application indicates that Azar at least read the two questions preceding Question 6. This fact and the content of Question 6 lead to the conclusion that Azar did read Question 6. Further, an arrest on a charge of Grand Larceny within the preceding ninety days would be sufficiently memorable for Azar to recall when prompted by reading Question 6. Having determined, that Azar did in fact read Question 6 and would have remembered her arrest, one must conclude that Azar knowingly did not correctly answer Question 6 and therefore intended to conceal her arrest.
Recommendation The Hearing Officer, based upon the foregoing Findings of Fact and Conclusions of Law, recommends that the Florida Real Estate Commission revoke the registration of Dorothy N. Azar as a registered real estate salesman with leave for Azar to immediately refile her application. DONE and ORDERED this 12th day of August, 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: Frederick H. Wilsen, Esquire Florida Real Estate Commission 2699 Lee Road Winter Park, Florida 32789 E. G. Couse, Esquire 2069 First Street, Suite 202 Post Office Drawer 1686 Fort Myers, Florida 33902
The Issue Whether Respondent has been convicted of a crime which involves moral turpitude or fraudulent or dishonest dealing in violation of subsection 475.25(1)(f), Florida Statutes.
Findings Of Fact Respondent is now and was at all times material to this cause a licensed real estate salesman in the State of Florida having been issued License No. 10931734 in accordance with Chapter 475, Florida Statutes. On August 29, 1986, a two-count information was filed in the Circuit Court in and for Sarasota County, Florida, against respondent and four other individuals. Count I of the information charged a violation of the Racketeer Influenced and Corrupt Organization (RICO) Act. Count II of the information charged conspiracy to violate the RICO Act. Specifically, Count II of the information alleged that respondent, and five other individuals, on a continuing basis from November 14, 1985, through December 21, 1985, "did knowingly, willfully and unlawfully, conspire, combine, confederate or agree together with each other and with other persons . . . to violate the laws of the State of Florida, to wit: The laws prohibiting any person employed by or associated with any enterprise from conducting or participating either directly or indirectly, in the affairs of said enterprise through a pattern or [sic] racketeering activity as prohibited in Florida Statute 895.03(3), in violation of Florida Statute 895.03(4), and it was a part of said conspiracy that the above- named defendants were associated with an enterprise to wit: a group of individuals associated in fact, although not a legal entity, for the purpose of engaging in various criminal activities in violation of Chapter 849 of the Florida Statutes relating to gambling, including but not limited to: bookmaking, (2) unlawful betting, and (3) criminal conspiracy in violation of Florida Statute 895.03(4), to the evil example of all persons in like cases offending and contrary to the statute in such case made and provided against the peace of dignity of the State of Florida." By letter dated March 20, 1986, the respondent advised the Department of Professional Regulation, Division of Real Estate, that she had been arrested on felony charges. On September 10, 1986, respondent entered a plea of nolo contendere to the offense of conspiracy to violate Racketeer Influenced and Corrupt Organization Act, as charged in Count II of the information. Adjudication was withheld, and respondent was placed on probation for two years with a special condition that she cooperate fully with law enforcement. On October 8, 1986, respondent sent a letter to the petitioner stating that she had entered a plea of nolo contendere, "to the charge of `conspiracy to violate RICO' for bookmaking." Respondent stated in the letter, "In short, I was betting on football and basketball games and placing bets with a bookie in Ft. Myers." Respondent's husband, John Flanagan, was named as a co-defendant and co-conspirator in the information. At the hearing, respondent testified that her only role in the betting activity was to take telephone messages for her husband. She explained that when her husband was not home, she would answer the phone and take messages for him from friends wishing to place bets on football games. She would write down the message, i.e., what the bet was and the amount of the bet, and leave the message for her husband. However, this testimony is not entirely consistent with her statement in the letter of October 8, 1986, where she stated that she was betting on football and basketball games and placing bets with a bookie in Ft. Myers. Thus, from respondent's admissions it appears that she was involved with gambling activity by taking bets over the phone, which bets were passed on to her husband, by betting on football and basketball games herself, and by placing bets with a bookie in Ft. Myers. Further, respondent admitted that she pleaded nolo contendere to the charge of conspiracy to violate the RICO act "for bookmaking." Respondent determined to plead nolo contendere to the conspiracy charge, a first degree felony, to protect her family and because she knew adjudication of guilt would be withheld and she would be placed on probation. Respondent also contends that she pleaded nolo contendere to the first degree felony of conspiracy to violate the RICO Act, rather than the underlying third degree felony of bookmaking, because adjudication of guilt could not be withheld under the bookmaking statute. Respondent's husband, John Flanagan, who also pleaded nolo contendere to Count II of the information, is a certified public accountant. When his case was presented to the probable cause panel of the State of Florida Board of Accountancy, the panel decided that there was no moral turpitude or fraud involved in the crime and decided to issue a letter of guidance under a different disciplinary provision. Respondent's arrest and subsequent disposition of the felony charges have not had an adverse-effect on respondent's real estate business. Respondent's friends and associates find her to be honest and of the highest moral integrity.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Florida Real Estate Commission enter a final order finding that respondent has been convicted of a crime involving moral turpitude and imposing an administrative fine of $500.00. DONE and ORDERED this 22nd day of September, 1987, in Tallahassee, Florida. DIANE A. GRUBBS Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway The Oakland Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of September, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-2274 Petitioner's proposed findings of fact: 1. Accepted in #1. 2-3. Accepted in #4. Accepted in #`s 3 and 5. Accepted in #2. Respondent's proposed findings of fact: 1-2. Rejected, not a finding of fact. Accepted in part in #2, remainder rejected as not a finding of fact. Accepted in #7, to the degree it is a finding of fact, not a legal conclusion, which might be considered in mitigation of penalty. Accepted as stated in #8. 6-7. Accepted as stated in #6. 8. Accepted in that there was no finding that a fine was imposed. 9-10. Rejected as not a finding of fact. COPIES FURNISHED: Steven W. Johnson, Esquire Department of Professional Regulation - Division of Real Estate 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802 Stacey Lee Flanagan, pro se 3364 Country Oaks Boulevard Bradenton, Florida 34243 Harold Huff, Executive Director Division of Real Estate Florida Real Estate Commission 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802 Tom Gallagher Secretary Department of Professional Regulation 130 N. Monroe Street Tallahassee, Florida 32399-0750
The Issue Did the Respondent obtain licensure by fraud or misrepresentation contrary to Section 475.25(1)(m), Florida Statutes?
Findings Of Fact The Respondent, Carl D. Hill, submitted an application for licensure to become a real estate salesperson on June 22, 1981. See Exhibit "A", a true and correct copy of the Respondent's application. Respondent admits he executed the original application in the line designated for the signature of the applicant. Said application was received by the Florida Real Estate Commission on June 26, 1981, and was approved on July 24, 1981. Based upon said application, Respondent was issued license number 0372160 as a real estate salesman. In response to question number six in the referenced application, Respondent replied "no" to the question of whether he had 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. On June 7, 1980, Respondent was arrested by the Hillsborough County Sheriff's Office and charged with trafficking in cocaine, possession of cocaine, delivery of cocaine and possession of a firearm during the commission of a felony. See Exhibit "B". On May 12, 1981, Respondent pleaded guilty to the crime of delivery of cocaine. Upon accepting such plea, the Circuit Court for Hillsborough County imposed a sentence of five years' probation and withheld adjudication.
Recommendation Having found that the Respondent violated Section 475.25(1)(m), Florida Statutes, it is recommended that the license of Respondent as a real estate salesperson be revoked. DONE and RECOMMENDED this 6th day of December, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 6th day of December, 1982. COPIES FURNISHED: David P. Rankin, Esquire 4600 West Cypress, Suite 410 Tampa, Florida 33607 Jack W. Crooks, Esquire 4202 West Waters Avenue Tampa, Florida 33614 Samuel R. Shorstein, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 C. B. Stafford, Executive Director Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 William M. Furlow, Esquire Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
Findings Of Fact Petitioner, Keith T. Loggins, on August 13, 1982, under oath, signed an application for licensure as a real estate salesman of the Florida Real Estate Commission. This application was filed with the Florida Real Estate Commission on September 1, 1982. Question 6 on that form states: 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? to which he answered, "No." This answer was false. Petitioner was arrested by the Orange County Sheriff's Office on November 14, 1972, on a charge of grand larceny in connection with a burglary and breaking and entering. Pursuant to a plea of guilty, he was placed on probation for five years. On May 23, 1974, Petitioner was arrested by the Osceola County Sheriff's Office on a charge of embezzlement, but was not tried, and the case was dropped. Petitioner denies any knowledge of possible grounds for this arrest. In May, 1975, Petitioner was convicted of a probation violation, and his probation was modified to include four months' confinement in county jail, and five months later, he was arrested for grand theft by fraud on insufficient fund check, convicted of grand larceny, and sentenced to serve five years in Florida State Prison. Thereafter, on August 6, 1975, Petitioner was convicted upon his pleas of guilty in Circuit Court for Orange County, Florida, on two separate cases involving obtaining property by worthless check written in March, 1975, one a felony count and one a misdemeanor count. He was sentenced to four years' imprisonment on the felony and one year on the misdemeanor, the terms to run concurrently. On September 29, 1975, he was placed on probation for seven years to start upon his release from prison, which took place on August 1, 1978. His probation, which should have run to the end of July, 1985, was, however, terminated, and Petitioner was discharged on October 20, 1982, almost three years early because of the recommendations of his probation officer, Connie Reed, with the approval of her supervisor, Mr. Charles L. Steen. Since his release from prison in August, 1978, Petitioner has held numerous jobs ranging from that of a laborer to that of assistant manager of a motel. In each instance, he left the position of his own volition to improve his income or working hours. He has never been fired nor have there ever been any complaints about his work. He has held positions of trust and of responsibility and in several cases has had the requirement to handle, unsupervised, substantial sums of money. No shortages were discovered. In his last two positions, Petitioner has been a salesperson of time- sharing resort condominiums, as a salaried employee of the developer. He is very cautious in his approach and delivery to prospects because of the close scrutiny given this type of operation. Both his current and a prior supervisor indicate he has performed his duties satisfactorily, and they have not received any complaints about the Petitioner. Petitioner was quite frank about his past when interviewing for the positions and in no sense tried to hide his criminal record. In both jobs, Petitioner has handled funds of the company, and there has not been any indication of trouble or shortage. Petitioner wants the license to sell real estate because it would open the door for him to a much greater earning potential. In his current job, for example, he has earned $600 in the month he has been there. Had he had a salesman's license and been on a commission basis, his earnings would have been much higher. Additionally, receiving the license would give him a certain amount of status and an ego boost, especially after the way he started his adult life. Both Ms. Reed and Mr. Steen, his former probation officials, feel Petitioner has been fully rehabilitated entirely through his own motivation and effort. His early offenses were when he was a young man and influenced by the use of drugs which he no longer uses. Since his release from probation he has had only two traffic citations, one for failing to stop at a stop sign, and one for failing to yield the right-of-way, resulting in an accident. When Petitioner's application for a license was first denied, he requested an informal hearing before the Commission, at which time he told the members he knew when he filled out the application form if he answered accurately, there was no way he would get his license. He now admits that answering falsely was the wrong thing to do. He understood the question, and his answer was what he intended to say and not an error. He answered falsely because the most recent arrest was seven years old, and his current life-style is completely different than his life-style then. His prior arrests and convictions in a moral sense, he feels, have no bearing on his present life, and he felt he had paid his debts to society. He now realizes that his answer to Question 6 should have been accurate and to falsify was a mistake.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Petitioner be denied licensure as a real estate salesman. RECOMMENDED this 19th day of April, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK 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 19th day of April, 1983. COPIES FURNISHED: Richard H. Hyatt, Esquire 918 North Main Street Kissimmee, Florida 32741 Lawrence S. Gendzier, Esquire Assistant Attorney General Department of Legal Affairs 400 West Robinson Street Room 212 Orlando, Florida 32801 William M. Furlow, Esquire Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Mr. Harold Huff Executive Director Florida Real Estate Commission Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Mr. Fred Roche Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
Findings Of Fact Based upon my observation of the witness and their demeanor while testifying, the following; relevant facts are found. Mitchell E. Verdell is registered with the Florida Board of Real Estate as a salesman. On or about July 17, 1978, the Respondent, Mitchell E. Verdell, filed with the then Florida Real Estate Commission, now Board of Real Estate, an application for registration as a Real Estate Salesman. (Petitioner's Composite Exhibit 2.) On the Respondent's application for licensure, he failed to disclose that he had been arrested in Daytona Beach, Florida, on May 7, 1974, and tried for unlawful possession of marijuana. Respondent entered a plea of guilty to possession of a controlled substance over five (5) grams for which he was place on probation for a period of two (2) years and an adjudication of guilt was withheld. (Petitioner's Exhibit 3.) Mitchell E. Verdell appeared and testified that his only witness, his probation officer, was ill and thus could not appear at the hearing. Mr. Verdell acknowledged his failure to disclose on his application for licensure with the Board the fact that he appeared in court on a charge of possession of a controlled substance. He also acknowledged the fact that he was placed on two (2) years probation. His probation officer, Bill Gross, advised Mr. Verdell with reference to his conviction and the manner in which he should handle it that since the judge withheld adjudication, he should never disclose it for a job when questions respecting his arrest were asked. He testified that he relied on Officer Gross, who bad been a probation officer for a few decades. (TR 9-10)
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby, RECOMMENDED: That the Respondent, Mitchell E. Verdell's license to practice real estate as a salesman be REVOKED without prejudice to filing an application that is proper. RECOMMENDED this 11th day of October, 1979, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Fred Langford, Esquire Department of Professional Regulation Board of Real Estate Post Office Pox 1900 Orlando, Florida 32802 Glenn Anderson, Esquire Post Office Pox 9159 Winter Haven, Florida 33880
Findings Of Fact Petitioner, Carla B. Rosario, filed an application for licensure as a real estate salesman with respondent, Department of Professional Regulation, Florida Real Estate Commission, on September 24, 1982. Rosario had previously passed the examination with a score of 80. Question 6 on the application asks if the applicant had 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." Petitioner responded with the following answer: "Yes, criminal fine of $150.00, a total of $165.00 including court costs. Cannot be exact about charge since I can't specifically (sic) remember it." After receiving the application, respondent forwarded petitioner's fingerprint cards to the Federal Bureau of Investigation and requested a copy of petitioner's arrest record. That record reflected petitioner was arrested by the Wethersfield, Connecticut Police Department on October 18, 1980, for (a) second degree burglary, (b) conspiracy to commit second degree burglary, and (c) third degree larceny. The first two charges were ultimately dismissed and petitioner pled guilty to conspiracy to commit third degree larceny and paid a $150 fine plus $15 in court costs on November 5, 1981. Prior to receiving the arrest report, respondent apparently requested petitioner to furnish additional information concerning her answer to question In a letter dated November 2, 1982, petitioner responded that "(she) was arrested October of 1980, in Wethersfield, Connecticut", that "the matter was taken care of in New Britian Courts," and that the only documentation she had concerning the matter was enclosed. That was a one page receipt from the Superior Court, State of Connecticut, reflecting she had paid a $150 fine plus $15 court costs for a "criminal fine" on November 5, 1981. On January 27, 1983 respondent denied petitioner's application on the basis of her incomplete answer to question 6 and because her arrest record was an indication that she was not "honest, truthful, trustworthy, and of good character" and that she did not have a "good reputation for fair dealing." The letter of denial prompted the instant proceeding. Petitioner did not deny that her initial answer had been incomplete or that she had been arrested on various charges in 1980. She blamed the arrest incident on the fact that she happened to be in the same car with her husband when he was arrested for similar charges. Petitioner is unemployed at the present time. However, if she is successful in obtaining a real estate license, she intends to work for her mother who is active in the real estate business.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Carla B. Rosario for licensure as a real estate salesman be DENIED without prejudice to her submitting a new application at a later time. DONE and ENTERED this 15th day of August, 1983, in Tallahassee, Florida. DONALD R. ALEXANDER 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 15th day of August, 1983.
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
