Findings Of Fact Romulo Banos, officer, director, and sole stockholder of respondent was convicted, on his guilty plea, of a felony under federal law on August 27, 1980, viz., a violation of Title 21 USC 963, conspiracy to import marijuana.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner revoke respondent's license. DONE AND ENTERED this 18th day of June, 1981, in Tallahassee, Florida. ROBERT T. BENTON, II 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 19th day of June, 1981. COPIES FURNISHED: Dennis E. LaRosa, Esquire 725 South Bronough Street Tallahassee, Florida 32301 Captain John Harris 1350 Northwest 12 Avenue Miami, Florida 33136 Rene Valdes 1710 Northwest 17 Street Miami, Florida 33125
Findings Of Fact Peter F. Camfferman was employed as a vocational instructor with the Seminole Vocational School by the Pinellas County School District. Peter F. Camfferman is certified by the State to teach in the area of cabinet making/wood working. He is not certified to teach in any other field and has never been certified to teach in any other field in the past. On March 11, 1993, J. Howard Hinesley, the Superintendent of Schools notified Mr. Peter F. Camfferman by letter that he would be recommending the termination of Mr. Camfferman's teaching position because there was not sufficient demand for cabinet making instruction to support the continuance of a full time instructor at the Seminole Vocational School. In the past, Peter F. Camfferman was allowed to teach out of field in the areas of practical construction trades and basic gas engines at Seminole Vocational School. During the 1992-93 school year, Mr. Camfferman was notified that, in accordance with Florida State Board of Education Rule 6A-10.0503, he would not be allowed to continue teaching out-of-field in the 1993-94 school year unless he took at least six semester hours toward infield certification or completed certification requirements within the twelve months from the date of his assignment to that out-of-field course of instruction. After notification, Mr. Camfferman made no efforts to complete any instruction or accomplish certification in any other areas of instruction. Enrollment of forty-five to fifty students is required in a vocational course to support the assignment of a full time instructor. For the 1993-94 school year less than twenty-five students have applied for the course of cabinet making at Seminole Vocational School. State funding for vocational education is based on the amount of demand for a certain vocational course. FTEs or full time equivalents are assigned based on the total number of students who have enrolled for a certain vocational course. Units of funding are then allotted in accordance with the number of FTEs established. If there are insufficient FTEs to establish a full unit then State funding for that course will be less than what is required to provide for a full time instructor. When it was determined that there was an insufficient demand to justify the continuance of a full time instructor in the area of cabinet making at Seminole Vocational School, other areas of employment within the school district were considered for Mr. Peter F. Camfferman. There were no openings in positions for the teaching of cabinet-making in the district. There were two other cabinet-making instructional positions within the district. Both of those positions were filled by instructors who had obtained a professional service contract. In accordance with prior district policy, which had been consistently followed, these instructors who had obtained professional service contracts were not removed from their positions in order to place Mr. Camfferman. There was an attempt to employ Mr. Camfferman in a supporting services position. Two positions were offered to Mr. Camfferman. A roofer's position and a carpenter's position were offered to Mr. Camfferman. He refused to accept either of these positions. The agreement between the School Board of Pinellas County and the Pinellas Classroom Teachers' Association, which was in effect for the school year 1992-93, states in Article XXI, Section C, that except in an emergency, to ensure that students are taught by teachers working within their areas of competence, teachers shall be assigned to teach only in the grades and subject fields for which they are qualified as well as in accordance with the regulations of the State Board of Education. The agreement also stated in Article XXII, Section A, that should economic circumstance dictate a reduction of personnel, the Board shall take whatever steps are necessary to assign personnel to appropriate positions within the district for which they are qualified consistent with this agreement and the law. Attempts were made during the 1992-93 school year to improve enrollment in the cabinet-making program at Seminole Vocational School. Those efforts include attendance at evening career fairs and encouragement of guidance counselors to suggest the area of cabinet-making to students considering taking a carpentry or wood working type course. Mr. Camfferman had every opportunity to attempt to improve the demand for the cabinet making course at Seminole Vocational School by attending these evening fairs. He chose not to attend.
Recommendation That a final order be entered sustaining Peter F. Camfferman's dismissal as a Vocational Instructor at the Seminole Vocational School. RECOMMENDED this 28th day of July, 1993, 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 28th day of July, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-1643 Proposed findings submitted by Petitioner are incorporated in the Hearing Officer's findings. Proposed findings submitted by Respondent are accepted except as noted below; Rejected. Mr. Camfferman was informed that he needed to take additional courses to continue to teach out of fields for which he was not certified. Last sentence rejected. Accepted. However, these rules and requirements were also available to Mr. Camfferman. 6.-7. Rejected as not supported by credible evidence. COPIES FURNISHED: Keith B. Martin, Esquire Post Office Box 2942 Largo, Florida 34649-6202 Lawrence D. Black, Esquire 650 Seminole Boulevard Largo, Florida 34640-3625 Dr. J. Howard Hinesley, Superintendent Pinellas County School Board Post Office Box 4688 Clearwater, Florida 33518 Hon. Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400
The Issue Whether respondent FGCIA should reinstate petitioner as its director or acting director and give her back pay from August 31, 1978, because FGCIA terminated her employment as of that date on account of her race?
Findings Of Fact Jan Marie Tuveson, became the third person to go to work for the FGCIA, although she is not an Indian herself. In February of 1974, she began doing secretarial work and generally assisting Osley Saunooke and John L. Chaves, at the time the FGCIA's director and assistant director, respectively. With Mr. Saunooke's resignation later the same year and Mr. Chaves' resignation in May of 1975, all of the Council's staff work fell to Ms. Tuveson and a secretary whom she hired after consulting the cochairmen of FGCIA's Board of Directors. CODIRECTOR About four months after Mr. Chaves' departure, Ms. Tuveson assumed one of two newly created program coordinator positions. She was seen as "representing" the Miccosukee Tribe, while the other program coordinator, originally Steve Bowers, was seen as representing the Seminole Tribe. Together the program coordinators were to act as codirectors of the FGCIA. In September or October of 1975, Joe Billie succeeded Steve Bowers as codirector. An extremely likeable person, Joe Billie, a Seminole Indian for whom English is a second language, did not spend much time at FGCIA's Tallahassee headquarters. As a result, Ms. Tuveson had almost full responsibility for the staff work of the FGCIA, after Joe Billie became codirector. During this period, she worked on behalf of and dealt with not only Buffalo Tiger and the Miccosukee Tribe, but also the Seminole Tribe, Mike Tiger, Joe Dan Osceola and other Seminole Indians. According to uncontroverted testimony, she treated the tribes "equally." CETA PROGRAM DIRECTOR Shortly after becoming program coordinator, Ms. Tuveson proposed to FGCIA's Board of Directors that FGCIA apply for funds under the Comprehensive Employment and Training Act (CETA). With Howard Tommie, chairman of the Seminole Tribe and cochairman of the FGCIA, dissenting, the Board approved the suggestion, Ms. Tuveson went forward with preparation of a grant application, and a CETA grant was awarded. Ms. Tuveson established and, as CETA program director, oversaw the program funded by the grant. Mr. Tommie's objection to the proposal was that money which, at least in his view, might otherwise have been routed to the Seminole and Miccosukee tribes exclusively was not being administered by the tribes and was being made available to other American Indians, as well. Later Mike Tiger came to share this view as did Joe Billie, who had originally said a CETA grant would be a good idea. Mr. Tommie also felt that administration of a CETA grant would be "a hectic responsibility," Petitioner's Exhibit No. 12, p. 42, for FGCIA. JOE BILLIE RESIGNS At a special meeting of the Board of Directors on November 21, 1977, Joe Billie resigned his position with the FGCIA effective November 25, 1977. Expense account irregularities occasioned the resignation, but Howard Tommie resented Mr. Billie's leaving. According to the minutes of the special meeting: The meeting was then directed to the discussion of the appointment of a new Codirector. Howard Tommie ... felt there should not be a designated Codirector for the Miccosukees or the Seminoles. Bob Travis agreed that each Codirector should be obligated to work for both Tribes. Howard Tommie stated the struc- ture should be changed to suit a state agency because of the fact that the Council now works with all Indians in the State of Florida, not just the Tribes. Petitioner's Exhibit No. 2. Other board members expressed other views, but the position Joe Billie left vacant was not filled, and a board member "directed the staff to prepare alternative organization structures and job descriptions." Petitioner's Exhibit No. 2. REORGANIZATION At its December 6, 1977, meeting, the FGCIA Board decided on organizing staff into an executive director, a deputy director, two program coordinators and a "Secretary III/Bookkeeper," Petitioner's Exhibit Nos. 4 and 5, but the positions were not filled at that time. Although "on the same level as the Deputy Director," the program coordinators were to report to the deputy director, as well as "to the tribes and [were to] be located at the Tribal headquarters most of the time." Petitioner's Exhibit No. 4. On the subject of job descriptions, Joe Wilson, who "was present at the [November 25, 1977] meeting for the Department of Community Affairs as a representative of Mr. Robert Guttman instructed the staff . . . to add the Indian preference in order not to discriminate." Petitioner's Exhibit No. 2. Among the policy changes effected at the December 6, 1977, meeting, was addition of a personnel policy in these words: Preferential consideration will be given to federally recognized Native American appli- cants and/or those with experience in Native American programs. Petitioner's Exhibit No. 4. The Board did not adopt specific job descriptions for the positions decided upon at the December 6, 1977 meeting. ACTING DIRECTOR When the FGCIA Board met on June 23, 1978, it was generally acknowledged that Ms. Tuveson had been FGCIA's acting director for some time. Board member Robert Mitchell, for example, remarked, "Up to the present time you could say that Jan is the real Director, or Executive Director . . . ," Petitioner's Exhibit No. 7, and another board member thought it might be official: "I think we may have given Jan the title of Director. I don't remember." Petitioner's Exhibit No. 7. But, after further deliberations by the board, member Robert Travis' motion to "unhire" Jan as Director and place the [executive director's] position vacant and then Jan would apply for the position along with everybody else," Petitioner's Exhibit No. 7, carried. Later in the same meeting, according to the minutes, Joe Dan Osceola directed the meeting to clarifying whether or not Jan Tuveson would remain as Acting Director for the Council until someone is hired permanently. Ms. Tuveson stated that she would. Joe Dan Osceola made a motion to make Jan Tuveson Acting Director. Cochairman Tiger seconded the motion and it carried unanimously. Although she had acted as FGCIA's director for almost two years and was officially named acting director when the board met on June 23, 1978, it was at this same meeting that Ms. Tuveson first began to fear for her continued employment. Several members of the board expressed the view that FGCIA should hire staff, including CETA program staff, who were of American Indian extraction. Ms. Tuveson herself remarked, during the meeting, "I think that is the intention of the personnel committee that any position that is vacated should be filled with a Native American . . ." Petitioner's Exhibit No. 7. Board member Joe Dan Osceola explained his position: So I say with the Indian programs any Indian program which is designed for the Indians in the law states that it should be run as such, meaning Indians should be in that position. The non Indians, no matter what color it is, there is going to be a time when you all are going to have to switch over to another job. . . . So I believe in Indian movement, I mean if we don't who is going to do it. It has to be the Indians who do it. So, I wish Jan was an Indian, really. Because she has done a good job. Petitioner's Exhibit No. 7. Board member Jo Ann Jones stated, "Any program now in our area should be all Indians." Petitioner's Exhibit No. 7. NATIVE AMERICAN DIRECTOR At its next meeting the FGCIA Board of Directors chose Joe Allen Quetone as executive director of the FGCIA, and voted him a starting salary of $20,000 per year. Mr. Quetone, who is a Native American and a member of the Kiowa tribe of Oklahoma, began as executive director on September 1, 1978, a week after his selection. He has held the position since, and nothing in the evidence suggests that he has done anything other than an exemplary job as executive director. Beginning March 17, 1977, he had worked at FGCIA's headquarters in a CETA position for which Ms. Tuveson had recruited him. A 1973 graduate of Florida State University in philosophy, he began, but did not finish, some graduate public administration courses, before starting at FGCIA. He served as a noncommissioned officer in the U.S. Army, was a paid assistant to a student body president while in college, worked at a car wash and a pizza parlor, tended bar, worked at the Florida Construction Industry Licensing Board as a mail clerk; and, for the year and a half or two year period next preceding the move to FGCIA, worked for the Florida Human Relations Commission. INDIAN PREFERENCE The board went forward with the selection on August 25, 1978, despite the suggestions of Cochairman Mike Tiger and board member Robert Travis that the decision be put off. Cochairman Tiger reported Bob Mitchell's request for deferment, and Jim Hutchinson's request for a postponement, which was stated in a letter and related to the board in his absence, Petitioner's Exhibit No. 1, p. 91, also proved unavailing. A three-member personnel committee had recommended Jan Tuveson, Joe Quetone and Henry A. Williams, Jr., as "highly qualified" to serve as Executive Director. Robert Travis reported on the personnel committee's work to the eight board members present, on August 25, 1978, and described the committee's criteria or "formula" as basically the same thing we've always been talking about; one dealing with the educa- tional background of the person, experience factors, and an Indian preference. Those are the three, or at least the three major things that the committee considered..... Petitioner's Exhibit No. 1, p. 94. The board first voted to eliminate Mr. Williams from consideration, them voted to promote Joe Quetone to Executive Director. The FGCIA board chose Mr. Quetone over Ms. Tuveson on the basis of their respective racial origins. Other factors may have entered in, as well. Published reports of the possibility of a lawsuit on race discrimination grounds did not endear Ms. Tuveson to certain board members, see, e.g., Petitioner's Exhibit 1, p. 108-111; and Howard Tommie, among others, seemed still to harbor resentment over the establishment of the CETA program. At least one board member feared a schism between the Seminole and Miccosukee tribes. Mr. Travis remarked: I think Jan kept the Council together. My preference is I would prefer to vote for her; but, if that vote will cause a split between the S[e]minoles and Miccosukees, and the organizations, the staff she is supposed to help, then my overall concern is for the Indian people. Petitioner's Exhibit No. 1, p. 144. Mr. Travis was one of six board members who voted for Mr. Quetone. Two members abstained. Joe Dan Osceola explained his position: I'm not against white people, believe me; black, or anybody, even other Indians.... There's Indian programs--there's such a law as Indian Preference Law. There used to be a policy; but it's a law as of 1967.... I know a lot of you don't share my opinion. ... Petitioner's Exhibit No. 1, p. 122. Mr. Osceola may have been referring to an informal legal opinion which John Chaves, himself raised as an American Indian, had given as legal counsel to the FGCIA's CETA program, to the effect that the FGCIA could not lawfully implement an Indian preference. FGCIA had nevertheless adopted such a policy, although, over objection of the Seminole and some other board members, the phrase "and/or those with experience in Native American programs" had been added. (During the federal trial, Mr. Tommie testified that he did not think Ms. Tuveson had such experience. Petitioner's Exhibit No. 12, p. 52) At least one other board member adhered to the FGCIA's preference policy in the course of the selection process on August 25, 1978. Petitioner's Exhibit No. 1, p. 135. Ms. Tuveson testified that jokes about her race that various Seminole members of the FGCIA's board had made from time to time seemed much less amusing in retrospect, after the August 25, 1978 vote. NO OFFER After it was decided that Mr. Quetone would begin work on September 1, the Board began to turn to other matters, when an "Unidentified Female Voice" inquired: Mr. Chairman? Before we start discussing the future business, do you think it's possible we could get some clarification as to Jan's termination date? Petitioner's Exhibit No. 1, p. 176. The cochairmen responded and Joe Dan Osceola expressed his views: COCHAIRMAN TIGER: All right. They need that, too; otherwise, we'd have to do something, because--I mean, she's still on the payroll. COCHAIRMAN TOMMIE: I think one takes care of the other. Do you want to go on record as terminating Jan Tuve- son as our director? ... Petitioner's Exhibit No. 1, p. 176. JOE DAN OSCEOLA: ... You have a certain day that when somebody has come in that you are supposed to move out of their office ... You clean out your table and desk and everything else because another guy is taking your place. I really can't see all this question on this. Petitioner's Exhibit No. 1, p. 177. After a confusing colloquy, Joe Dan Osceola raised the question whether Ms. Tuveson was "quitting the Council": JO ANN JONES: I know what you're saying. She's going to get the pay for those two weeks. COCHAIRMAN TOMMIE: Yes, if she wants to stay on the payroll for an extra two weeks, then we've just got to make the provisions... Petitioner's Exhibit No. 1, p. 180. COCHAIRMAN TIGER: I think we understand where we stand. ... JAN TUVESON: Effective September 1st, I am on two weeks' notice; right? CO-CHAIRMAN TIGER: No. Petitioner's Exhibit No. 1, p. 181. JOE DAN OSCEOLA: Is she quitting the Council? That's one part I'm not familiar with, if she's quitting. That's one thing I haven't heard from Jan, that she's not going to be (inaudible) for Miccosukee or (inaudible). That's one thing I don't know. JAN TUVESON: (Inaudible) I'm not (inaudible) coordinator right now, Joe, and I'm acting director. JOE DAN OSCEOLA: Yes, that's what I know. JAN TUVESON: And I haven't been offered the position of coordinator, which would be ludicrous in my opinion, anyway, since it would be a backward step for me. But, the point is, I think, on September 1st, am I to be given two weeks' paid notice? Or am I not to be given any notice at all? Petitioner's Exhibit No. 1, p. 183. Neither the Board of Directors as a whole nor any individual board member offered Ms. Tuveson employment in any capacity beyond August 31, 1978. EDUCATION AND EMPLOYMENT A 1972 graduate of the University of Texas, with a major in English, Ms. Tuveson also attended Catholic University of America in Washington, D.C. as an undergraduate. After graduation, she worked as assistant manager and advertising director for "Hook'm Horns Night Club" in Austin, Texas. In Tallahassee, she worked as public relations assistant to the Sesquicentennial Committee and then for a department store, also in public relations; at Gayfer's, she had supervisory responsibilities, worked on a budget, and wrote copy for radio, television and newspapers, Petitioner's Exhibit No. 8, at a salary of $8,000 to $10,000 a year. She began taking graduate courses at Florida State University after she went to work for FGCIA, first in mass communications then in public administration, but did not earn a degree in either field. After she left the employ of the FGCIA, Ms. Tuveson sent out 25 to 30 applications for jobs and had several interviews. In every interview the matter of her losing her job at the FGCIA arose. Receiving no job offers, she applied to law school in October of 1978, and began in January of 1979. She graduated from law school at Western State University in June of 1981, finishing an accelerated program which left little time for gainful employment. She did not work the whole of the year 1982 partly because she was ill and partly because she took time off to study for a bar examination, which she has never succeeded in passing. She was employed in 1983 in the legal department of the Alamo Savings & Loan Association in San Antonio, Texas. In May of 1984 she moved back to Tallahassee and found work at Electronic Communications. During 1977, the last full year Ms. Tuveson worked for FGCIA, she was paid $18,736.23. The following year FGCIA paid her $15,948.70 for the work she did from January 1, 1978 through August 31, 1978, representing an annual rate of $21,264.93. Her 1979 income totalled $1,818.97. In 1980, Ms. Tuveson's income fell almost to nothing. She earned approximately $2,500 in 1981, and about the same in 1982. Her 1983 income was $10,832.38 and she made $11,526.87 in 1984. At the time of the hearing she was still working for Electronic Communications. Petitioner's proposed recommended order and respondent's proposed findings of fact, conclusions of law and recommended order were filed on August 12 and 13 1985, respectively. Proposed findings of fact have been adopted, in substance, to the extent they are supported by the weight of the evidence, except where they are cumulative, subordinate or immaterial.
The Issue Whether Petitioner meets the qualifications prescribed by Chapter 475, Florida Statutes for licensure as a real estate salesman?
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: Petitioner is a 1986 graduate of Florida State University. He has a degree in urban politics and real estate. In November, 1989, Petitioner entered a plea of guilty in Palm Beach County Circuit Court to two counts of burglary of a dwelling, one count of petty larceny, and one count of dealing in stolen property. Adjudication of guilt was withheld and Petitioner was placed on five years probation, which, the court specified, was not subject to "early termination." In addition, Petitioner was ordered to pay $360.00 in restitution and $265.00 in court costs. These crimes were all committed in June, 1989, after Petitioner had returned to Palm Beach County from a two or three-month vacation in Colorado. The two counts of burglary involved the same dwelling: the townhouse that Petitioner had lived in, with others, prior to his Colorado vacation. The lease to the townhouse, which was in the name of one of his roommates, had expired before his return from vacation. Contrary to the instructions of the landlord, Petitioner entered the dwelling on at least two separate occasions after coming back from Colorado in order to retrieve personal belongings that remained in the townhouse. The stolen property involved in the dealing in stolen property charge was a stereo that belonged to Petitioner's friend. Petitioner tried to pawn the stereo for $45.00. The petty theft charge involved the taking of ten CD's that were on top of a CD player located in a bar in the vicinity of the townhouse. Since these incidents, Petitioner has not run afoul of the law. Petitioner presently owns and operates the South Florida Adventure Club, a business which plans and organizes social activities for single professionals. In his spare time, he serves as an advisor to two youth groups. Petitioner is still on probation. He has paid in full the restitution ordered by the court. His court costs, however, have not yet been paid in full. He still owes $50.00.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Florida Real Estate Commission enter a final order finding that Petitioner is not qualified for licensure as a real estate salesman because of his criminal record and denying his application for licensure based upon such a finding, without prejudice to Petitioner filing a subsequent application supported by a showing that, "because of the lapse of time and subsequent good conduct and reputation, or other reason deemed sufficient, it appears . . . that the interest of the public and investors will not likely be endangered by granting" the application. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 5th day of September, 1991. STUART M. LERNER 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 5th day of September, 1991. APPENDIX TO RECOMMENDED ORDER The following are the Hearing Officer's specific rulings on the findings of fact proposed by Respondent: 1. Accepted and incorporated in substance, although not necessarily repeated verbatim, in this Recommended Order. 2-4. Rejected because they would add only unnecessary detail to the factual findings made by the Hearing Officer. 5. First sentence: Rejected because it would add only unnecessary detail to the factual findings made by the Hearing Officer; Remaining sentences: Accepted and incorporated in substance. 6-10. Rejected because they are more in the nature of summaries of testimony than findings of fact based upon such testimony. 11. Rejected because it is more in the nature of a statement of the case than a finding of fact. COPIES FURNISHED: Greg Allen Hinds 2016 Broward Avenue # 3 West Palm Beach, Florida 33407-6112 Joselyn M. Price, Esquire Assistant Attorney General 400 West Robinson Street Suite 107, South Orlando, Florida 32801 Darlene F. Keller, Division Director Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801
Findings Of Fact Respondent David A. Siegel (Siegel) formed a wholly owned corporation known as Central Florida Investments, Inc., (CFI) in approximately 1970. Thereafter, CFI acquired Investment Industries of Florida, Inc., (IIF) in approximately 1980. Siegel is President of both CFI and IIF and owns one-hundred percent of the stock in both corporations. On or about September 8, 1980, IIF purchased property in Lake County which was divided into Tract A and Tract B. Tract A consisted of approximately 120 acres, was subdivided into 49 lots, and was sold to individual purchasers by Paul W. Cotton and Paul A. Buzzella; real estate salesmen working for Siegel and IIF. Sales in Tract A occurred in 1980 and 1981 to approximately forty purchasers, and only one lot in Tract A was sold after December 1, 1981. The last sale in Tract A took place in February, 1983, was a referral, and did not involve Cotton or Buzzella. Paul W. Cotton formed First Orlando Properties (FOP) on or about September 17, 1981. On or about December 1, 1981 Cotton purchased six lots from IIF and Siegel in Tract B for the purpose of resale to individual purchasers. Tract B consisted of approximately 200 acres, subdivided into 48 lots. Based on the testimony of Cotton and Siegel, it is evident that Siegel had agreed to sell all of Tract B to Cotton in eight, six lot installments. This arrangement was for the financial convenience of Cotton, but an inference is drawn that Respondents benefited from Cotton's sales activity in Tract B through the periodic execution of each additional installment. After his purchase of the first installment consisting of six lots on or about December 1, 1981, Cotton sold no more lots in Tract A. Cotton admits that he "pre-sold" several lots in Tract B prior to FOP acquiring its interest in these lots on December 1, 1981 and while he was still selling lots in Tract A for Siegel and IIF. The Agreement of Purchase and Sale for six lots in Tract B which Cotton received on or about December 1, 1981 incorrectly indicates that CFI was the property owner and seller. Siegel executed the Agreement on behalf of CFI. This was an error which Siegel admits since Tract B was actually owned by his other company, IIF. The same error as to the seller was made in the Agreements for each additional six lot installment executed on or about February 1, 1982, April 1, 1982, August 15, 1982, September 1, 1982, October 6, 1982, December 1, 1982, and April 1, 1983. Siegel has agreed to take whatever action is necessary to correct any title problems which purchasers in Tract B may have as a result of this error. Respondents did not register the land in question located in Lake County with Petitioner at any time material hereto, nor is there evidence that purchasers were afforded a reasonable opportunity to examine a public offering statement concerning such land prior to its sale. There were less than fifty (50) lots each in Tracts A and B at all times material hereto, and these tracts are contiguous. Cotton sold lots in both tracts, and pre-sold approximately thirty-six lots in Tract B while he was selling lots in Tract A and before he acquired any interest in Tract B. There were also several purchasers in common in both tracts. There were less than forty-five (45) purchasers each in Tracts A and B, but combining the purchasers in each tract there were more than forty-five (45) purchasers of the land in question in this case located in Lake County.
Recommendation Based upon the foregoing, it is recommended that Petitioner enter a Final Order which: Dismisses all charges in Case No. 85-0008 against Respondent Central Florida Investments, Inc. Imposes an administrative fine of $5000 each against Respondents Investment Industries of Florida, Inc. and David A. Siegel in Case Nos. 85-0009 and 85-0010 for a total fine of S10, 000. Requires Respondents to correct, within ninety (90) days, any title problems which purchasers in Tract B may have as a result of the matters set forth in Finding of Fact 5. Requires Respondents to cease and desist from offering or disposing of any interest in subdivided land which is subject to this proceeding until a valid order of registration is obtained. DONE and ENTERED this 21st day of April, 1986, at Tallahassee, Florida. DONALD D. CONN, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 Filed with the Clerk of the Division of Administrative Hearings Filed with the Clerk of the Division of Administrative Hearings this 21st day of April, 1986. COPIES FURNISHED: Thomas A. Klein, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Leonard Lubart, Esquire Michael Marder, Esquire 12000 Biscayne Boulevard Suite 204 North Miami, Florida 33181 James Kearney, Secretary Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 APPENDIX Rulings on Petitioner's Proposed Findings of Fact: Adopted in Finding of Fact 1. Although the evidence is consistent with this proposed finding, it is not adopted since it is unnecessary. Adopted in Finding of Fact 2, 3. Rejected in part in Finding of Fact 2, and adopted in part in Finding of Fact 3. Adopted in part in Finding of Fact 3, 4, but rejected in part in Finding of Fact 7 and as otherwise not based on competent substantial evidence. Adopted in part in Finding of Fact 2, but otherwise rejected as irrelevant and unnecessary. Rejected as irrelevant, not based on competent substantial evidence, and as a conclusion of law rather than a finding of fact Adopted in part in Finding of Fact 3, 7, 8. Rulings on Respondents' Proposed Finding of Fact: (Respondent has not numbered its proposed findings of fact, and therefore in order to make a ruling on proposed findings of fact paragraphs on pages 3 through 20 under the heading Findings of Fact have been consecutively numbered.) Adopted in Finding of Fact 2. Adopted in Finding of Fact 1. Adopted in Finding of Fact 5. Rejected as a conclusion of law Adopted in Finding of Fact 2. Adopted in Finding of Fact 3. Adopted in part in Finding of Fact 7, but otherwise rejected as simply a statement of position. 8, 9. Rejected as simply a summary of testimony. Adopted in part in Finding of Fact 2, but rejected in part in Finding of Fact 3. Rejected as simply a statement of position Adopted in Finding of Fact 2. Rejected as irrelevant and unnecessary. 14, 15. Adopted in part and rejected in part in Finding of Fact 3. 16. Adopted in Finding of Fact 2, 3. 17-30. Rejected as simply the party's summation of testimony and evidence, as conclusions of law and otherwise not based on competent substantial evidence. Adopted in Finding of Fact 7 Adopted and rejected in Finding of Fact 8. 33, 34. Rejected as simply an excerpt of testimony. Rejected in part in Finding of Fact 8 Rejected as not a proposed finding of fact.
