Findings Of Fact By an application received by the Board on March 21, 1979, Petitioner Carole Leigh McGraw applied for registration as a real estate salesman with the Florida Board of Real Estate. Question number 6 of the application form inquired about past arrests or charges for violation of law. Ms. McGraw indicated that she had been arrested and as an explanation attached a separate sheet of paper on which she disclosed that she was arrested in July, 1973 for various criminal charges pending before the Court of Common Pleas in Cincinnati, Ohio. She referred the Board for further details to her attorney, James N. Perry, Esquire of Cincinnati, Ohio. No attempt was made by the applicant to conceal any of the facts relating to her outstanding charges. Subsequent to the receipt of her application the Board requested on April 10, 1979, that Ms. McGraw furnish a copy of the indictment and advise the Board of the present status of the indictment. That information was provided by James N. Perry, Esquire who indicated in his letter of April 23, 1979, that counts 1, 2, 3 and 4 of the twenty count indictment had been dismissed. The dismissal was on appeal and probably would be decided eventually by the Ohio Supreme Court as the issue on appeal is the constitutionality of the organized crime status of Ohio. On July 7, 1978, in the Hamilton County Court of Common Pleas, State of Ohio, the applicant, Carole Leigh McGraw, was indicted by Grand Jury on four counts of engaging in organized crime, six counts of forgery, one count of theft in office and one count of felony theft. None of these charges has been brought to trial. Except for the foregoing indictment the applicant has never been charged with any violation of law or with being dishonest or immoral in any way.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the application of Carole Leigh McGraw for registration as a real estate salesman with the Florida Board of Real Estate be granted. DONE and ENTERED this 13th day of February, 1980, in Tallahassee, Florida. MICHAEL PEARCE DODSON 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 13th day of February, 1980. COPIES FURNISHED: Tina Hipple, Esquire Department of Professional Regulation 2009 Apalachee Parkway Tallahassee, Florida 32301 Carole Leigh McGraw 4180 South West 52nd Court Apartment #1 Fort Lauderdale, Florida 33314
Findings Of Fact Petitioner graduated from the University of Texas at El Paso in 1976. Since that time she taught school in Texas for six years, entered a stockbroker training program, qualified, but did not work as a stockbroker. She completed one semester of pre-law before moving to Florida in 1983. Since her arrival in Florida she ran an antique restoration business, taught at a private school for girls, and did a lot of volunteer counseling services principally in the evenings in group sessions. Her primary interest in the field of counseling has been to help rape victims and abused children. While carrying out these counseling services, Petitioner came into contact with a family of three children, the father of whom had recently remarried after the death of their mother. They were experiencing difficulties with their stepmother, and ultimately the father sided with his children and separated from the new wife. Although Petitioner has never met this woman, she evidentally blamed Petitioner for her failed marriage and commenced a program of harassment of Petitioner that included threatening phone calls, discontinuance of Petitioner's telephone service, and access to confidential information about some of Petitioner's clients she was counseling. Unable to get any protection from the police absent some overt act by the harasser, Petitioner succumbed to the pressure and in desperation, paid two young men $100 to rattle the woman's door and tell her to leave Petitioner alone. The two men did not carry out the intimidation and shortly thereafter Petitioner notified the police of her plans. She was subsequently arrested and brought to trial on a charge of solicitation to commit burglary. Upon advice of counsel, she pleaded guilty, adjudication of guilt was withheld by the court, and she was placed on probation for four years. In her application for licensure Petitioner accurately reported this incident. Petitioner has never before been arrested or otherwise involved with the police on the wrong side of the law. She has been an exemplary parolee and her probation will likely be reduced to two years if Petitioner continues on her present course. Since this incident Petitioner has been named guardian advocate for a party placed in involuntary placement due to incompetence. Raul Martin, a registered real estate broker, has known Petitioner and members of her family for many years. He is fully aware of the criminal charges that were brought against Petitioner and that as supervising broker, he would be responsible for her actions as a real estate salesman. He will hire her as a salesman if she is allowed to take, and successfully passes, the real estate examination for salesman.
Findings Of Fact By Application for Licensure as a Real Estate Salesman dated September 10, 1985 (Exhibit 5) Respondent applied for and was approved to take the examination for licensure as a real estate salesman. As a result of passing this examination, he was duly licensed. In response to questions 7a and 7b inquiring whether the applicant had ever been charged with fraudulent or dishonest dealing, he answered "No -- but see add. disclosure info attached." Attached thereto was a long typewritten statement disclosing monetary judgments entered against him in Colorado based on non real estate related debt and a pending personal bankruptcy. Before submitting this application, Respondent telephoned the Real Estate Commission to inquire about the answer to question 7 and was referred to an attorney from the Attorney General's Office assigned to the Commission. That attorney advised Respondent that the Commission was primarily interested in criminal charges filed against an applicant and not civil charges. He was further told to include a supplement to his application with information concerning the civil charges, including the name of his attorney, so the Commission could obtain additional information if desired. Respondent complied with this advice by listing the name of his attorney and accountant at the time these civil actions were brought against him. After reviewing Respondent's application with the attached explanation of the civil actions brought against him in Colorado, his application to sit for the salesman's examination was approved. On September 24, 1987, Respondent applied for licensure as a Real Estate Broker and answered questions 7(a) and 7(b) simply "No" on the assumption that his qualified no on the salesman application had been approved and it was unnecessary to again explain the civil actions. The deposition of Respondent's attorney in the Colorado civil actions was admitted as Exhibit 7. Exhibit 1, which includes a judgment of the District Court for the City and County of Denver, Colorado, found Respondent (a corporate defendant in that case) effected a fraud upon the plaintiffs. This finding was entered in a default judgment against Respondent when his attorney negligently failed to timely file an answer to the complaint. Respondent's substitute attorney's motion to set aside the default judgment was denied. Respondent is in the process of filing personal bankruptcy and therein will challenge the default judgment's conclusion that Respondent's actions leading to that judgment were fraudulent. Since no evidence was ever presented regarding the allegations in the Colorado complaint, that judgment is not res judicata in the bankruptcy proceedings.
Recommendation It is RECOMMENDED that the Real Estate Commission issue a Final Order finding Rene A. Remund not guilty of obtaining his licenses as a real estate salesman and broker by fraud, misrepresentation, or concealment. DONE AND ENTERED this 23rd day of June, 1989, in Tallahassee, Leon County, Florida. K. N. AYERS 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 June, 1989. COPIES FURNISHED: Darlene F. Keller Division of Real Estate Department of Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Bruce D. Lamb General Counsel Department of Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-0729 Arthur R. Shell, Jr., Esquire Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802-34698 Wayne J. Boyer, Esquire 1968 Bayshore Boulevard Dunedin, Florida
The Issue Whether Defendants breached an oral contract with their employer. Whether the Defendants, both of whom were registered salesmen employed by Rivas Realty, Inc., conducted themselves in such a manner that the sellers of a certain parcel of real estate suffered a loss of a substantial profit from their property. Whether the licenses of the Defendants should be revoked.
Findings Of Fact Defendants Victor Hugo Hernandez and Elisa Hernandez, husband and wife, were registered real estate salesmen employed by Rivas Realty, Inc., a corporate broker, with offices located at 2341 N.W. 7th Street, Miami, Dade County, Florida. Defendants were employed by Rivas Realty, Inc., a corporate broker, under an oral employment agreement whereby real estate transactions entered into by them or either of them as registered salesmen or personally or jointly for their own account were to be handled through said broker's office; that all details of any such real estate transaction were to be available in open files in said office; that they were to identify themselves as salesmen for Rivas Realty, Inc. On or about December 20, 1973, Defendant Victor Hugo Hernandez individually and for the benefit of himself and his wife jointly contracted to buy the residence at 526 E. 44th Street, Hialeah, Florida, from Frank J. Crawford, Jr., and Alexis Jo Crawford, his wife, for the sum of approximately $27,000. The transaction closed on or about January 3, 1974, and conveyance by warranty deed was made by the Crawford to Paul G. Block, Trustee. The property was soon resold. The Real Estate Commission contends: That the Defendants represented themselves as individuals desiring to purchase the home from the Crawfords for their son; That the Defendants had no intention of purchasing said property for the son and in fact, soon thereafter resold the property at a substantial profit to themselves; The Defendants through their misrepresentation defrauded the Crawfords of a substantial profit; They did not inform the Crawfords that they were in fact salesmen for Rivas Realty, Inc.; That the Defendants violated the oral agreement they had with the employer, Rivas Realty, Inc., when they failed to process the purchase and the resale of the Crawford property through the Rivas Realty, Inc.; That the Defendants are guilty of misrepresentation, concealment, dishonest dealing, trick, scheme or device and breach of trust in a business transaction, all in violation of Section 475.25(1)(a), Florida Statutes; That the registrations of Victor Hugo Hernandez and Elisa Hernandez should be suspended or revoked. The Defendants contend: That at the time of the sale and the purchase of the home from the Crawfords they had secured permission from the Rivas Realty, Inc. to purchase a home for their son; That the employer, Mr. Anthony Rivas, had given permission to the Defendants, as long time and effective salesmen, to purchase the property inasmuch as it was for the benefit of the son; That the son did not want the property after it was bought and therefore the property was immediately placed for sale; That the Defendants shortly after the purchase and sale of the property in question did in fact buy for their son a home in another location; That they in no way planned to trick the Crawfords into the sale of their home by not representing themselves as real estate agents; That in fact they did so represent themselves as real estate agents and placed the sign of Rivas Realty, Inc. in front of the Crawford home before the resale; That it was generally understood by the owners and among the long time employees of Rivas Realty, Inc. that they could at times buy and sale for their own personal benefit properties that members of their family might desire without processing the sale through the business office of Rivas Realty, Inc. or dividing the profit with the corporation. That they did not breach the oral contract between themselves and the employer. The Hearing Officer finds: That the Defendants, Victor Hugo Hernandez and Elisa Hernandez, bought the home of Mr. and Mrs. Crawford under circumstances which tended to deceive the purchasers but without actual misrepresentation; That there was no showing of an actual loss by the Crawfords; That the oral agreement between the Defendant salesmen and the employer, the Rivas Realty, Inc., was at times waived by the owner, Mr. Rivas or his brother, as special favors to their salesmen; That the Defendants acted under a waiver of the oral agreement between themselves and the Rivas Realty, Inc. when they purchased and resold the home of Mr. and Mrs. Crawford, or their acts were approved or condoned by the employer; That the evidence received and the testimony taken do not show that the Defendants, Victor Hugo Hernandez and Elisa Hernandez, breached the fiduciary relationship with their employer, Rivas Realty, Inc.; That the evidence received and the testimony taken do not prove the Defendants to have been guilty of misrepresentation, concealment, dishonest dealing, trick, schemes or device and breach of trust in a business transaction in violation of Section 475.25(1)(a), Florida Statutes.
The Issue Whether Respondent obtained his real estate license by means of misrepresentation or concealment in violation of Section 475.25(1)(m), Florida Statutes, and, if so, what discipline should be imposed.
Findings Of Fact Petitioner is a state 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, Chapters 455 and 475, Florida Statutes, and Title 61J2, Florida Administrative Code. Respondent is and, at all times material hereto, was a duly licensed real estate salesperson in the State of Florida. Respondent is now and was at all times material herein actively engaged in major real estate developments and has also operated on behalf of family owned corporations. During the relevant time period, Respondent has not engaged in the general real estate brokerage business. On August 16, 1984, Respondent was found guilty in federal court of one count of knowingly, willfully, and unlawfully participating in the use of extortionate means to collect and attempt to collect an extension of credit in violation of Title 18, United States Code, Section 894. Respondent was sentenced to 18 months in prison and fined $2,000. The incident which gave rise to the conviction occurred in and while the Respondent was a resident of Illinois, and prior to the Respondent's being issued his Florida real estate license. Respondent testified that in 1983 he owned a Chicago nightclub. According to Respondent, during that time period someone owed Respondent a gambling debt in the amount of $36,000. The person who owed the money to Respondent said he would pay the debt. Because the Respondent was leaving town, he asked his wife's uncle to pick up the money. The Respondent indicated, that unknown to him, the uncle used unlawful means in an attempt to collect the funds. It was this collection effort which eventually lead to the Respondent's arrest, not guilty plea, and guilty verdict in 1984. The Respondent moved to Florida and, subsequently, on or about January 19, 1994, he applied to become licensed as a Florida real estate salesperson. The application contained an affidavit which provided in part that "such responses are true and correct, and are as complete as his/her knowledge, information and records permit without any evasions or mental reservations whatsoever." Petitioner's application form contained Question 9 which requested information concerning an applicant's criminal history. In pertinent part the question is as follows: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld? This question applies to any violation of the laws of any municipality, county, state, or nation including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled or pardoned. * * * Your answer to this will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consult with an attorney or the Division of Real Estate. In response to this question, Respondent answered in the negative by marking the "no" box. On April 18, 1994, the State of Florida issued Respondent license #0611142 as a real estate salesperson. On January 10, 1994, Respondent signed the application. By his duly notarized signature, the Respondent swore that all answers and information provided on his application were true, correct, and complete. On or about January 16, 1995, Respondent applied to become licensed as a real estate broker in the State of Florida. Respondent, again, checked "no" to Question 9 on his broker's application as to whether or not he had ever been convicted or found guilty of any crime. Also, Respondent again swore that all answers and information contained in his application to become a real estate broker in the State of Florida were true, correct, and complete. Again, the Respondent's signature was duly notarized. The broker's application was approved for the Petitioner. However, a broker's license was not issued because Respondent failed to pass the state examination required to be licensed as a broker. Respondent testified at the formal hearing that the reason he did not disclose his prior conviction on his real estate applications was that he had spoken to his brother who advised him that matters over 10 years old did not have to be disclosed. Respondent did not consult with an attorney, the Division of Real Estate or anyone else other than his brother about how to answer Question 9 on his real estate application. Respondent's stated justification for checking "no" on his license applications lacked credibility given the clear wording of Question 9 on the application form. The Respondent has had no other incidents of criminal problems. Similarly, there have been no civil judgments involving the Respondent and dishonest dealing. Finally, there have been no prior disciplinary matters against the Respondent. The Respondent has served in the military and was honorably discharged and earned a two-year degree in electronics.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order finding the Respondent guilty of violating Section 475.25(1)(m), Florida Statutes; revoking his real estate license; and imposing a fine of $1000.00. DONE AND ENTERED this 10th day of February, 1998, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this * day of February, 1998. *Filed with the Clerk undated. -ac COPIES FURNISHED: Geoffrey T. Kirk, Senior Attorney Department of Business and Professional Regulation, Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900 Frederick H. Wilsen, Esquire 1415 East Robinson Street, Suite B Orlando, Florida 32801 Henry M. Solares, Division Director Department of Business and Professional Regulation, Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900 July 21, 1999 Henry M. Solares, Division Director Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 Re: Department of Business and Professional Regulation, Division of Real Estate vs. Frank Efstathios Touloumis DOAH Case No. 97-3722 Dear Mr. Solares: Enclosed is the Amended Recommended Order issued in the referenced case. It was issued in order to correct a scrivenners error in page 8 of the original order. Please replace page 1 and page 8 enclosing for pages 1 and 8 oriignally sent to you. Please accept my apologies for any inconvenience this might have caused. Sincerely, CSH/scl Enclosures cc: Geoffrey T. Kirk, Esquire Frederick H. Wilson, Esquire CAROLYN S. HOLIFIELD Administrative Law Judge
The Issue The issue presented for decision herein is whether or not Respondent's real estate salesman's license should be disciplined because he engaged in acts and/or conduct amounting to fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence and breach of trust and for failure to account and deliver monies entrusted to him while acting as a salesman in violation of Section 475.25(1)(b) and (d), Florida Statutes.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received including a review of the entire record compiled herein, I hereby make the following relevant factual findings. During times material herein, Respondent was, and is, a licensed real estate salesman in Florida and has been issued license number 0128100. (Petitioner's Exhibit 1) Augustin Leon Padron is a resident of Caracas, Venezuela and is a part- time resident of Miami, Florida. During 1978, Leon was interested in purchasing property in the Miami area so he contacted a distant cousin, the Respondent, to help in the acquisition and management of any property be purchased. On November 9, 1978, Leon executed a power of attorney appointing the Respondent as his attorney-in-fact in regard to the acquisition and management of properties that Leon may purchase. (Petitioner's Exhibit 5) On November 17, 1978, Leon wired to the Pespondent $20,000 to be held for the acquisition of property by Leon. (Petitioner's Exhibit 6) On August 31, 1979, Leon, through the assistance of Respondent, purchased a duplex located at 43-45 NW 44 Avenue, Miami, Florida. Of the $20,000 sent to Respondent by Leon, $17,194.35 was used for the purchase of the duplex, leaving a balance of $2,805.65. (Petitioner's Exhibits 4 and 6) The balance of $2,805.65 was never accounted for by Respondent or delivered to Leon. Pursuant to the power of attorney, Respondent assumed the duties of manager of the duplex for Leon, which duties included the collection of rent, making repairs and the payment of the monthly mortgage to Atlantic Federal Savings and Loan Association in Ft. Lauderdale, Florida. On or about April 1, 1981, Leon gave a $10,000 check to the Respondent for the purpose of making certain repairs and additions to the duplex. (Petitioner's Exhibit 7) Respondent never made repairs or additions as requested and has failed to account for or deliver, to the present time, any of the $10,000, although demands have been made by Leon for the return of the money. On or about May 24, 1981, Leon issued two checks, each in the amount of $10,000. One check was issued to Arango and Galarraga, a law firm, as a deposit towards the purchase of the Kasbah Bar. The second check was issued to the Respondent to he used as a deposit on the purchase of property in Kendall. (Petitioner's Exhibit 8) Both of the above-referred transactions bailed to materialize. On July 7, 1981, the law firm of Arango and Galarraga issued a check payable to Leon in the amount of $10,000 representing a return of the deposit. (Petitioner's Exhibit 9) This check was tendered to the Respondent. Respondent took this check plus the $10,000 deposit as to the Kendall property and had a $20,000 certified check drawn and made payable to Leon. (Petitioner's Exhibit 10) On November 19, 1981, at Leon's request, Respondent issued a check to Leon in the amount of $10,000 representing a part payment of monies owed to Leon by Respondent. (Petitioner's Exhibit 11) Leon attempted to cash this check hut was told that there were insufficient funds in the Respondent's bank account to cover such an amount. (Petitioner's Exhibit 12) Leon has made numerous demands upon Respondent for the payment of the $10,000 but Respondent has failed to pay over to Leon the $10,000 or to make good on the check he issued. During 1980 and 1981, Respondent failed to make at least five (5) mortgage payments causing the mortgage loan on the duplex, referred to above, with Atlantic Federal Savings and Loan Association to become delinquent and foreclosure proceedings were instituted. (Petitioner's Exhibit 3) The evidence is undisputed that Atlantic Federal notified Respondent on at least two occasions that the loan was delinquent and, if not brought current, foreclosure proceedings would result. (Petitioner's Exhibits 15, 16, 17, and Respondent's Exhibit 1) Respondent failed to advise of the nonpayment of the mortgage and the impending foreclosure. Additionally, at no time did Respondent advise Leon that be did not have sufficient funds to make the mortgage payment as scheduled. On November 19, 1981, Leon discovered through the public records of Dade County and Atlantic Federal, that his duplex was about to be foreclosed. Leon brought the mortgage payments current and paid the attorneys fees and costs involved amounting to $5,281.47. (Petitioner's Exhibit 13) Based on the above-referred events, Leon revoked the Respondent's power of attorney effective that day, November 19, 1981. (Petitioner's Exhibit 14) Subsequent to November 19, 1981, Leon attempted to work out arrangements whereby Respondent would repay to Leon all monies owed by Respondent to Leon. These attempts failed and Leon filed suit against Respondent in Dade County Circuit Court for $26,065. On July 24, 1992, Leon secured a final judgment against Respondent for the amount requested, i.e., $26,065 plus interest and costs. (Petitioner's Exhibit 2) To this day, Respondent has failed and refused to satisfy the judgment and Leon has been unsuccessful in his attempted collection on that judgment. Respondent contends that the $10,000 check that gas issued him by Leon was for the payment of services performed on behalf of the Respondent. Evidence in that regard reveals that Respondent was not charging Leon a commission on any real estate transactions. A review of Respondent's testimony herein reveals that in addition to the acquisition and management of the duplex referred to herein which is located at 43-45 NW 44 Avenue in Miami, Respondent only picked up and forwarded goods and merchandise to Respondent in Caracas, Venezuela which had either been purchased by or shipped to Respondent from New York and other places. Apart from the time involved in the reshipping of those goods and merchandise, Respondent only paid nominal shipping charges. It is true that Respondent attempted to negotiate for the sale and purchase of the Kasbah Bar for Leon; however, his efforts in that regard were unsuccessful. Based on all of the evidence herein, including the testimony of Leon and the documentary evidence received, Respondent's contention that Leon owed him in excess of $10,000 is not credible and is rejected. This is especially so in view of the fact that Respondent issued a check in the amount of $10,000 to Leon which was returned for insufficient funds. For all these reasons, Respondent's testimony is incredible and is rejected in those instances wherein it differs from the version offered by the deposition testimony of Augustin Leon Padron.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby RECOMMENDED: That the Respondent, Ignacio Dulzaides', license as a real estate salesman (number 0128100) be revoked. DONE and ORDER of this 11th day March, 1985, in Tallahassee, Florida. JAMES E. BRADWELL 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 11th day of March, 1985.
Findings Of Fact Respondent, Robert C. Akers, at all times relevant hereto, was a licensed real estate broker in Brooksville, Florida, having been issued license number 0000587 by Petitioner, Department of Professional Regulation. Victoria Weeks was employed by Respondent as a real estate salesperson. In May, 1978, Weeks negotiated the sale of a residence to be built on Lot 19, Block 7, Unit 2 of Hill 'N' Dale Subdivision in Hernando County, Florida, to Roseann Iannaccone. The sale was conditioned upon the buyer being approved by the Farmers Home Administration (FHA) for a mortgage loan of approximately $25,500. A part of the mortgage loan application was personally prepared by Iannaccone. Another part was prepared with the assistance of Akers' secretary. Respondent himself prepared or assisted in the preparation of two requests for verification of employment dated June 18, 1978, and April 3, 1979, respectively, which were a part of the application (Petitioner's Exhibit 1). Both verification sheets stated that Iannaccone was employed by Respondent in the position of secretary, that she earned approximately $30 to $40 per week, and that employment was considered to be "permanent". During the period of March, 1977, through August, 1980, Iannaccone was employed by Sam Sack, the developer of Ridge Manor, a subdivision in Hernando County. Sack shared office space with Akers' real estate firm, which handled sales within the subdivision. Although she worked for Sacks, Iannaccone also devoted a portion of her time to assist Akers and Weeks, who occupied the same office. She performed such jobs as typing, answering the telephone, sending out promotional letters, and cleaning the office. For this she was paid by Akers on a periodic basis, depending on the amount of work performed. Akers also advanced her money periodically which she "worked out" by performing various jobs in the office or at his home. The compensation averaged out to approximately $30 to $40 per week. This relationship continued until August, 1980, when Sam Sack left Brooksville; Iannaccone then moved from Brooksville to Seffner, Florida, where she now resides. During the time period in question, no payroll records were kept by Respondent, nor did he deduct her compensation for tax purposes. Similarly, Iannaccone did not report the money as income on her income tax return. When Iannaccone filed her application with the FHA, she was advised by the FHA to report all income on her application, regardless of whether it was for part-time employment, or whether it had been reported for income tax purposes (Respondent's Exhibit 2). For this reason, Akers filled out the verification of employment forms and reported that Iannaccone earned around $30 to $40 per week as his employee. Because her primary employer, Sam Sack, was expected to remain in the Brooksville area indefinitely, Akers also indicated that her employment with him would be permanent. Respondent has been a real estate broker-salesman in Brooksville for over 20 years. He has been president of the Hernando County Board of Realtors and is active in many civic and community affairs. He enjoys a reputation of honesty, integrity and fair dealing, and has never been the subject of any prior disciplinary proceedings. (Respondent's Exhibit 1).
Recommendation From the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the complaint against Robert C. Akers be dismissed. DONE AND ENTERED this 13th day of May, 1981, 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 13th day of May, 1981.
Findings Of Fact James W. Collins was first licensed in Florida as a real estate salesman in 1978 and has been continuously so licensed since that time. At all times relevant hereto, he was licensed as a real estate salesman. On January 14, 1983, Respondent pleaded nolo contendere to three counts of grand theft, adjudication of guilt was withheld and he was placed on probation for five years. Conditions of probation included residing in the Department of Corrections for 300 days and making restitution. On January 14, 1983, Respondent Pleaded nolo contendere: to uttering a forged instrument (using a stolen credit card), adjudication of guilt was withheld and he was placed on five years probation to run concurrently with the probation noted in Finding 2. On January 14, 1983, Respondent pleaded nolo contendere to five counts of forgery, involving the same stolen credit cards in 3 above, adjudication of guilt was withheld and he was sentenced to the same five years probation and conditions of probation as in 2 and 3 above. In an application for licensure as a real estate broker sworn to on June 20, 1984, Respondent answered question 8, which asks if applicant has ever been arrested or charged with the commission of an offense, "No." In the addendum to this application which also contains the signature of Respondent, he answered the rephrased question 8, "No."
Findings Of Fact Based upon the testimony and exhibits in evidence, and the observed candor and demeanor of the witnesses, the following are found as facts: The Respondent John J. Piccione, is a licensed real estate broker, having been issued license No. DK006911. The Respondent John J. Piccione, Inc., is a corporate real estate broker, having been issued license No. CW0069127. The Respondent Theresa M. Harris, is a licensed real estate salesperson having been issued license No. FL0331486. At all times material to the issues in the Administrative Complaint, the Respondent Theresa M. Harris was a licensed salesperson with the Respondent John J. Piccione Real Estate, Inc., under the brokerage license of the Respondent John J. Piccione. Theresa M. Harris was the listing and selling salesperson in connection with a real estate transaction between Wilbur J. Hamilton, Jr., as seller, and Mr. and Mrs. James Smith, as buyers. This transaction was closed on December 16, 1980, in Ocala, Florida. The closing was held in the offices of American Mortgage Funding Corporation, and was conducted by Thomas G. Sawaya, Esquire, as Closing Attorney. Present at the closing were the seller, Mr. Hamilton, the buyers, Mr. and Mrs. Smith, the Respondent, Theresa M. Harris, and Charles DeMenzes, President of American Mortgage Funding Corporation. Prior to the time the Contract for Sale was executed by the seller and the buyers, the Respondent Harris was informed by a party named Mr. Alsobrook that he claimed an interest in the proceeds from the sale on the subject property. The seller acknowledged that Mr. Alsobrook was entitled to a share of the proceeds. After the contract was signed, but before closing, the Respondent Harris was contacted on two more occasions by Mr. Alsobrook concerning his interest in the proceeds of the sale. On December 15, 1980, before the closing occurred, a Civil Complaint was filed against the seller in the Circuit Court of Marion County by Mr. Alsobrook regarding Mr. Alsobrook's interest in the property and the proceeds. In connection with this lawsuit a Lis Pendens was delivered to the Office of the Clerk of the Circuit Court on December 15, 1980, but was not filed in the Official Records Book of Marion County until December 17, 1980, in O.R. Book 1046, page 116, after the Deed from Mr. Hamilton to Mr. and Mrs. Smith had been recorded in O.R. Book 1046, page 73. On December 15, 1980, the day before, the closing, Robert Duggan, who is Mr. Alsobrook's attorney had a telephone conversation with the Respondent Harris, in which he informed her that a lawsuit had been filed concerning Mr. Alsobrook's interest in the proceeds of the sale, and that a Lis Pendens had been or was going to be filed against the property. This attorney requested that the closing be delayed until the dispute concerning the property could be resolved. On December 16, 1980, before the closing, the Respondent Harris conveyed to the Respondent Piccione, her broker, the contents of her conversation with Mr. Alsobrook's attorney. The Respondent Harris was instructed by the Respondent Piccione to attend the closing and not to mention either the call from Attorney Duggan, or the pending lawsuit, or the Lis Pendens, unless someone else brought these matters up. At no time during the closing or prior to the closing did the Respondent Harris make known to the buyers, the lender, or the closing Attorney, the facts known to her regarding the call from Attorney Duggan, the pending lawsuit, or that a Lis Pendens had been or would be filed against the property. The Respondent Piccione was aware of the fact that a Lis Pendens had been or was going to be filed against the property, but he instructed his salesperson, Respondent Harris, to withhold this information from the parties to the sales transaction at the time of closing. The closing was completed and the lender, without knowledge of the pending suit and Lis Pendens, disbursed the net proceeds of $15,728.24 to Mr. Hamilton as the seller. The closing Attorney and the lender were informed of the Lis Pendens and the pending suit by the attorney for Mr. Alsobrook the day after the closing took place. Upon being informed of the pending lawsuit, the lender contacted the seller, who agreed to return the proceeds to the lender The lawsuit was subsequently dismissed and the Lis Pendens discharged upon distribution of the net sale proceeds to Mr. Alsobrook in the amount of $6,385.19 and to Mr. Hamilton in the amount of $9,393.05. The Respondents received a commission of $1,500 which was paid $900 to Mrs. Harris and $600 to Piccione Real Estate, Inc.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent, Theresa M. Harris, be found guilty of violating Section 475.25(1)(b), Florida Statutes, and that her license be suspended for one year. It is further RECOMMENDED that the Respondents, John J. Piccione and John J. Piccione Realty, Inc., be found guilty of violating Section 475.25(1)(b), Florida Statutes, and that their licenses be suspended for one year. THIS RECOMMENDED ORDER entered on this 27 day of September, 1982. WILLIAM B. THOMAS, 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 27 day of September, 1982.
Findings Of Fact The Respondents, Ernest Page and Page Realty, Inc. are licensed as real estate brokers in the State of Florida, having been issued license numbers 0187380 and 0223391, respectively. From approximately July 28, 1983, to approximately August 11, 1983, the Respondent, Ernest Page, knowingly obtained or used, or endeavored to obtain or use, certain personal property, including typewriters, copy machines, a television receiver, and a stereo receiver, each of which was valued at $100.00 or more, which was the property of Stewart Hudson or Michael Bethea, with the intent to temporarily or permanently deprive the owners thereof, and to appropriate this property to their own use. The Respondent, Ernest Page, had received and was in possession of property that he knew or had reason to know was stolen. The Administrative Complaint tracked the charging language of the information filed against the Respondent, Ernest Page, in the Circuit Court of the 9th Judicial Circuit of Florida. The Respondent, Ernest Page, was found guilty of six counts of grand theft second degree by a jury on January 31, 1984. He was adjudicated guilty by judgment dated March 28, 1984, of six counts of grand theft second degree, which crimes are punishable as third degree felonies. The Respondent, Ernest Page, was sentenced on March 28, 1985.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that real estate broker's license numbered 0187380 and 0223391, held by the Respondents, Ernest Page and Page Realty, Inc., respectively, be revoked. THIS RECOMMENDED ORDER entered this 31st day of May, 1985, in Tallahassee, Leon County, Florida. WILLIAM B. THOMAS 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 31st day of May, 1985. COPIES FURNISHED: James H. Gillis, Esquire 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32801 Edward R. Kirkland, Esquire 126 E. Jefferson Street Orlando, Florida 32801 Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Salvatore A. Carpino, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Harold Huff, Executive Director Department of Professional Regulation 400 West Robinson Street P. O. Box 1900 Orlando, Florida 32802
