The Issue At issue in this proceeding is whether Respondent committed the offenses set forth in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, Department of Business and Professional Regulation, Division of Real Estate (Department), is a state government licensing and regulatory agency charged, inter alia, with the responsibility and duty to prosecute administrative complaints pursuant to the laws of the State of Florida, including Chapters 455 and 475, Florida Statutes. Respondent, Evers Aurubin, is a licensed real estate salesperson in the State of Florida, having been issued license number 0650984. On February 24, 1997, Respondent filed an application (dated February 12, 1997) with the Department for licensure as a real estate salesperson. Pertinent to this case, item 9 on the application required that Respondent answer "Yes" or "No" to the following question: 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. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." If you answered "Yes," attach the details including dates and outcome, including any sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question 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. Respondent responded to the question by checking the box marked "No." The application concluded with an "Affidavit of Applicant," which was acknowledged before a Notary Public of the State of Florida, as follows: The above named, and undersigned, applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s)(he) is the person so applying, that (s)(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever; that (s)(he) knows of no reason why this application should be denied; and (s)(he) further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives, by him/her in response to inquiries concerning his/her qualifications. (Emphasis added.) On June 9, 1997, Respondent passed the salesperson examination and he was issued license number 0650984 as an inactive salesperson. From July 17, 1997, through the date of the hearing, Respondent has been an active salesperson associated with The Keyes Company, a broker corporation located at One Southeast Third Avenue, Miami, Florida. Following approval of Respondent's application, and his licensure as a real estate salesperson, the Department discovered that Respondent had been involved in an incident that was not revealed on his application. According to the Certified Record Search (Petitioner's Exhibit 1), attested to by the Clerk of Courts, Dade County, Florida, their records revealed that Respondent was arrested on February 21, 1991, for "obstructing street," convicted on February 22, 1991, and sentenced to and credited with time served (overnight detention). No further record existed concerning the nature of the charge since, according to the clerk's certification "pursuant to Florida Rules of Criminal Procedure 2.075, Retention of Court Records, the requirement for retaining misdemeanor cases under this rule is 5 years, therefore the file is unavailable." Consequently, there is no record evidence of the specific provision of law Respondent was convicted of violating and, therefore, no showing that the offense was criminal and, if so, the degree of felony or misdemeanor. Upon discovery of such information, the Department apparently apprised Respondent of its discovery and requested an explanation. Respondent addressed the Department's concerns by letter of July 16, 1998, as follows: I,m writting (sic) this letter to explain the incident of my arrest and the reason I answer not to the question on my application for the real estate license. There in the Amocco (sic) Gas Station on 27th Avenue close to 135th St., I gas-up there a few time. On the night of 2-21-91 in my way home from work, I stop to gas-up while doing so I noticed a young lady at the stop sign, but previously I thought that I saw her inside the gas station. By curiosity I drove by to talk to her, I asked her how are you doing just to have a conversation with her. She approached and ask me do I have $20.00 I said I have $9.00 to my surprise she said can she go with me I laugh then she walk toward the back of the car. All the doors of the car were locked so I did not have any intention of letting her in. I put my head down to look for the stack (sic) shift because my car was not automatic so I can put it on first gear to go, when I raised my head I saw an unmarked car pull in front of me vertically at the same time two to three Police car pull-up behind me, they ordered me out and arrested me, they took me to the Police Station to take me to jail that,s there (sic) I find out she was an under cover cop or working for the Police. I ask one of the officer when will I get out he answer probably the next morning because this is a minor offense. In the morning they took me to the court house the officer there told us, those of us that are there for the first time it is better to plead guilty, if we plead no contest or any other way we will have to come back to the court spend more time since this is a very minor case, plead guilty and we will be out the same day. I was working did not have time to come back, so when the Judge called me and asked me how do I plea I said guilty then they let me out the next (sic) morning. The cause of the arrest remain unclear to me. Because I find out that they arrested me for mentioning money, but I did not enter to any agreement what so ever with the lady and I did not mention anything about sex. Since it was a very minor case practically nothing I never pay any attention to it, that,s why I answer no to the question on the applycation (sic). I regret the incident very deeply and I will not let it happen to me ever again. Thereafter, on October 21, 1998, the Department filed the Administrative Complaint at issue in this proceeding which, based on Respondent's failure to disclose the aforesaid incident on his application, charged that "Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of [Section] 475.25(1)(m), Fla. Stat." (Count I), and that "Respondent has failed to disclose in his real estate license application the information required under Rule 61J2- 2.027(2), Fla. Admin. Code, and therefore, in violation of [Section] 475.25(1)(e), Fla. Stat." (Count II). According to the complaint, the disciplinary action sought for such violations was stated to be as follows: . . . [T]he penalty for each count or separate offense may range from a reprimand; an administrative fine not to exceed $5,000.00 per violation; probation; suspension of license, registration or permit for a period not to exceed ten (10) years; revocation of the license, registration or permit; and any one or all of the above penalties. 1 Consistent with the explanation he offered the Department in his letter of July 16, 1998, Respondent explained, at hearing, that his response to item 9 on the application was, at the time, an accurate reflection of his understanding of the significance of the charge. According to Respondent, who was not represented in the matter, it was his understanding that the charge ("obstructing street") was a non-criminal matter; that he was unfamiliar with the process, as well as scared; that he pled guilty to the charge so he would not have to return; and thereafter was released with credit for time served (an evening of incarceration). There was no other penalty imposed for the incident (no fine or probation), and Respondent has never been charged with any other offense. Here, Respondent's explanation for his failure to disclose the information regarding his arrest and conviction is credited, and it is resolved that, at the time he submitted his application, Respondent did not intend to mislead or deceive those who would be reviewing his application. In so concluding, it is observed that Respondent's testimony was candid, the nature of the incident was not shown to be significant, and Respondent's understanding of the matter as non-criminal was, given the nature of the charge and Respondent's lack of experience with the judicial system, reasonable. Moreover, as heretofore noted, the court record fails to disclose, and the Department offered no proof to demonstrate, the provision of law violated or its significance.2
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be rendered dismissing the Administrative Complaint. DONE AND ENTERED this 23rd day of April, 1999, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK 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 23rd day of April, 1999.
The Issue The issue presented here concerns the Administrative Complaint brought by the Petitioner, State of Florida, Department of Professional Regulation, against the Respondent, Jack V. Quick, alleging that the Respondent has been found guilty of crimes against the laws of the United States, which crimes directly relate to the activities of a licensed broker or salesman or involve moral turpitude or fraudulent or dishonest dealing, in violation of Subsection 475.25(1)(f), Florida Statutes. Specifically, it is charged that the Respondent was found guilty on or about December 11, 1979, of certain offenses, namely counts Three, Four, Five and Six of an indictment dated July 31, 1979. Those offenses involved: (1) the willful and knowing conspiracy with others to possess with intent to distribute a controlled substance, to wit, marijuana, (2) the use and arrangement for the use of telephonic communications in the aforementioned enterprise, two counts, and (3) travel in interstate commerce to carry out the business of distributing a controlled substance, to wit, marijuana in violation of Section 841(a)(1), Title 21, United States Code; Section 846, Title 21, United States Code; and Section 1952(a)(3), Title 18, United States Code.
Findings Of Fact Petitioner, as the State of Florida, Department of Professional Regulation, brought an Administrative Complaint against the Respondent, Jack V. Quick, setting forth those allegations as are found in the Issues statement of the Recommended Order. The Respondent requested a formal administrative hearing pursuant to Subsection 120.57(1), Florida Statutes, and on February 9, 1981, that hearing was conducted. The case was presented on the basis of the introduction of Joint Exhibits A, B and C, by the parties. Joint Exhibit A is an indictment by the Grand Jury in the United States District Court, Middle District of Georgia, Valdosta Division, Case No. 79-7-VAL, placed against the Respondent Jack V. Quick who is referred to in the indictment as Jack Vernon Quick. Joint Exhibit B is the Judgment and Commitment Order of the U.S. District Court in the aforementioned case arising from a finding/verdict directed to the aforementioned indictment. Joint Exhibit C is the Judgment of the United States Court of Appeal, for the Fifth Circuit, directed to the judgment of the United States District Court, Middle District of Georgia, Valdosta Division. From the position taken by the parties in this action and the documents stipulated to by the parties, the following facts are found: Respondent, Jack V. Quick, is a real estate broker, licensed by the Petitioner, State of Florida, Department of Professional Regulation, Board of Real Estate. The Respondent, Jack V. Quick, under the name Jack Vernon Quick, was indicted by the Grand Jury of the United States District, Middle District of Georgia, Valdosta Division, Case No. 79-7-VAL on the following Counts: COUNT ONE From on or about August 17, 1978, to and including on or about August 19, 1978, within the Middle District of Georgia and elsewhere, the defendant, JACK VERNON QUICK, wilfully and knowingly did transport and cause to be transported and did aid and abet the transportation in interstate commerce from Tallahassee, Florida, to the State of Georgia, David Karl Roberts who had theretofore been unlawfully seized, confined, kidnapped, abducted, carried away, and held by the said defendant, JACK VERNON QUICK, for ransom, reward and otherwise, that is, for the purpose of obtaining a particular hoard of one thousand pounds of marijuana or the return of the defendant's downpayment of $68,000 on the purchase price of $138,000 of the said marijuana; in violation of Sections 1201(a)(1) and (2), Title 18, United States Code. COUNT TWO From on or about August 17, 1978, to and including on or about August 19, 1978, within the Middle District of Georgia and elsewhere, the defendant, JACK VERNON QUICK, wilfully and knowingly did combine, conspire, confederate and agree together with others known and unknown to the Grand Jury to violate Section 1201 (a)(1), Title 18, United States Code, that is, to wilfully and knowingly transport in interstate commerce from Tallahassee, Florida, to the State of Georgia, David Karl Roberts, who had theretofore been unlawfully seized, confined, kidnapped, abducted, carried away and held by the said defendant for ransom, reward and otherwise, to wit, for the purpose of obtaining a particular hoard of one thousand pounds of marijuana or the return of the defendant's downpayment on said marijuana. OVERT ACTS In furtherance of the conspiracy and to effect that objects thereof the defendant performed the following overt acts: On or about August 17, 1978, David Karl Roberts was transported by force and coercion by the defendant and others from the residence of James Mann Ervin to the residence of defendant JACK VERNON QUICK, both residences being in the State of Florida. On or about August 18, 1978, David Karl Roberts was transported by force and coercion from the residence of defendant JACK VERNON QUICK in Tallahassee, Florida, to Valdosta, Georgia, by the defendant JACK VERNON QUICK and others. On or about August 19, 1978, David Karl Roberts was transported by force and coercion from Valdosta, Georgia, to defendant JACK VERNON QUICK's residence in Tallahassee, Florida, where he was held against his will by the defendant and others. All in violation of Section 1201(c), Title 18, United States Code. COUNT THREE From on or about July 1, 1978, to and including on or about August 18, 1978, in Valdosta, Georgia, in the Middle District of Georgia and elsewhere, the defendant, JACK VERNON QUICK, did unlawfully, wilfully and knowingly combine, conspire and confederate and agree together with others known and unknown to the Grand Jury, to commit an offense in violation of Section 841(a)(1), Title 21, United States Code, to wit, to knowingly and intentionally possess with intent to distribute approximately 1,000 pounds of marijuana, a Schedule I controlled substance; all in violation of Section 846, Title 21, United States Code. COUNT FOUR On or about August 16, 1978, the defendant, JACK VERNON QUICK, did use and cause to be used a facility in interstate commerce, that is, telephonic wire communications from Tallahassee, Florida, to Adel, Georgia, in the Middle District of Georgia, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of section 841(a)(1), Title 21, United States Code, and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of Section 1952(a)(3), Title 18, United States Code. COUNT FIVE On or about August 18, 1978, the defendant, JACK VERNON QUICK, did travel in interstate commerce from Tallahassee, Florida, to Valdosta, Georgia, in the Middle District of Georgia, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of Section 841(a)(1), Title 21, United States Code, and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of Section 1952(a)(3), Title 18, United States Code. COUNT SIX On or about August 18, 1978, the defendant, JACK VERNON QUICK, did use and cause to be used a facility in interstate commerce, that is, telephonic wire communications from Tallahassee, Florida, to Valdosta, Georgia, in the Middle District of Georgia, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of Title 21, United States Code, Section 841(a)(1), and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of Title 18, United States Code, Section 1952(a)(3). On December 11, 1979, the Respondent was found not guilty of the aforementioned Counts One and Two. On December 11, 1979, the Respondent was found guilty of Counts Three, Four, Five and Six and was sentenced to five (5) years under Count Three or until otherwise discharged as provided by law, to be followed by special parole for two (2) years. On each of the Counts Four, Five and Six, the Respondent was given a five (5) year sentence to be served to run concurrently with the sentence set forth in Count Three. On November 7, 1980, in an action on Summary Calendar, United States Court of Appeal, for the Fifth Circuit, No. 79-5729, the court upheld the aforementioned judgment entered December 11, 1979, by the United States District Court, Middle District of Georgia, Valdosta Division. The appellate court order of affirmance was issued as a mandate on December 4, 1980.
The Issue The issues are whether Respondent is guilty of obtaining his real estate license by means of misrepresentation or concealment in violation of Section 475.25(1)(m), Florida Statutes, and if so, what penalty should be imposed.
Findings Of Fact Petitioner is the state licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints pursuant to Chapters 455 and 475, Florida Statutes. Respondent is now, and at all times material to this proceeding, was licensed as a Florida real estate broker. He holds real estate broker's license number 3004152. Respondent passed the real estate broker's examination on April 22, 1996. From May 10, 1996, through September 8, 1996, Respondent was an inactive broker. Since September 9, 1996, Respondent has been a land developer and a real estate broker/officer of a real estate brokerage corporation in DeLand, Florida. There have been no prior complaints or disciplinary action against Respondent's Florida license. Respondent is also a licensed real estate broker in Massachusetts since 1966 and in Colorado since 1994. There have been no complaints or disciplinary actions against Respondent's license in those states. In 1981, Respondent sold a boat for $10,000 to a person who failed to make a full payment. About a year later, Respondent made a demand for payment from the buyer. An argument between Respondent and the buyer resulted in a pushing contest. About one month later, Respondent ran a traffic light in Laconia, New Hampshire. The law enforcement officer who stopped Respondent informed him that there was an outstanding warrant for his arrest. Respondent was arrested and released on the same day. Until that time, Respondent was not aware that he had been charged with any offense. Respondent appeared in court with his attorney on October 15, 1982. After pleading guilty to the charge of simple assault, he paid a fine in the amount of $50. Respondent received a sentence of 10 days of jail time, suspended on good behavior, and given a conditional discharge. Respondent filed a application for a Florida real estate broker's license on August 17, 1995. He signed a notarized affidavit on the application form, swearing that his answers and statements were true and correct. The application form contained a question seeking the following information in pertinent part: 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 question 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. From the record, it is found that Respondent clearly understood question nine. In response to this question, Respondent answered in the negative by marking the "no" box. Respondent asserts that his response was truthful at the time he signed the application because he had no independent recollections of the 1982 simple assault charge. He claims that he did not knowingly and intentionally give a false or incomplete response. Respondent testified that he would have disclosed his guilty plea if he had remembered it. Taking into account all evidence, Respondent's testimony is not persuasive. Petitioner's investigator subsequently questioned Respondent about the 1982 offense. Respondent then contacted his attorney in New Hampshire. The attorney obtained a copy of the court docket which was subsequently furnished to Petitioner. During the hearing, Respondent testified that he still cannot remember whether the police fingerprinted him after his arrest. Respondent claims that he cannot remember the judge pronouncing a sentence or his attorney explaining anything about the proceeding to him. Likewise, this testimony is not credited.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED: That Petitioner enter a Final Order revoking Respondent's real estate broker's license and fining him $1000. DONE AND ENTERED this 6th day of November, 1998, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD 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 6th day of November, 1998. COPIES FURNISHED: Ghunise Coaxum, Esquire Department of Business and Professional Regulation 400 West Robinson Street, Suite N308 Orlando, Florida 32801 Frederick H. Wilsen, Esquire 1999 West Colonial Drive, Suite 211 Orlando, Florida 32804 Henry M. Solares, Division Director Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street Orlando, Florida 32802-1900 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue The issue is whether Respondent violated Section 475.25(1)(e) and (1)(m), Florida Statutes (2003),1 and Florida Administrative Code Rule 61J2-2.027(2), and if so, what discipline should be imposed.
Findings Of Fact Respondent is a licensed real estate sales associate. She was licensed in 2003. Her license number is 3061179. Respondent was working for Weichert Realty in the Orlando area at the time of the final hearing. She started working for that firm in October 2006, and prior to that, she “did not do a whole lot with [her] license as far as practicing real estate.” Respondent filled out and submitted her license application over the Internet. She submitted a signed notarized statement dated January 15, 2003, attesting that she answered the questions in the application “completely and truthfully to the best of [her] knowledge.” She also submitted a fingerprint card. The evidence clearly and convincingly establishes that there were at least three material misstatements and omissions in Respondent’s license application. First, Respondent did not provide a Social Security number (SSN) in her license application. The SSN that she subsequently provided to the Division, 378-72-0704, was incorrect. Respondent testified that her SSN is 378-62-0704. That is the SSN listed for Respondent in the driver’s license records maintained by the Florida Department of Highway Safety and Motor Vehicles (DHSMV). There is evidence suggesting that Respondent’s SSN may actually be 380-80-3178, but the evidence is not clear and convincing on that point.3 The document on which Respondent provided the incorrect SSN was not offered into evidence by the Division. Respondent denied providing an incorrect SSN, and she testified that if she did provide an incorrect SSN, it must have been typographical error. Second, the only name listed for Respondent in her license application was Yolanda Orr, which was Respondent’s married name and her legal name at the time she submitted her application. Respondent answered “no” to the question that asked whether she has ever “used, been known as or called by another name (example - maiden name . . .) or alias other than the name singed to the application.” (Emphasis supplied.) Respondent’s maiden name is Yolanda Small. She used that name until July 1998, when she was married. She was divorced in February 2006, and she is again using her maiden name. Respondent currently has two valid forms of identification issued by DHSMV: a Florida driver’s license in the name of Yolanda D. Small (No. S540-964-67-7491) and a Florida identification card in the name of Yolanda D. Orr (No. O600-964-57-7490). The driver’s license was issued in March 2006,4 and expires in July 2010; the identification card was issued in August 2002, and expires in July 2007. The birth date listed on the driver’s license is July 9, 1967, whereas the birth date listed on the identification card is July 9, 1957. Respondent testified that her middle name is Daniella, not Denise. She further testified that she has never used the name Yolanda Denise Orr. In response to a request to the state court in Michigan for records relating to Respondent, the Division was provided documentation of multiple traffic offenses committed in Flint, Michigan in 1999 and 2001 by Yolanda Denise Orr, as well as documentation of criminal offenses committed in Michigan by Yolanda Daniella Orr and Yolanda Danielle Orr. The traffic records do not list the defendant’s Social Security number, but the birth date listed in the records matches Respondent’s birth date. Respondent’s testimony that the traffic offenses did not involve her was not persuasive, nor was her claim there must be multiple Yolanda Orr’s in Flint, Michigan, with the same birth date as hers. Respondent admitted to being in Flint, Michigan at the time of the traffic offenses, and she admitted that she drove a Ford vehicle at the time of the ticket that was issued to Yolanda Denise Orr in October 2001 while driving a Ford. Moreover, the Michigan driver’s license number of Yolanda Denise Orr contained in the traffic records -- O600961139544 -- is identical (except for one number) to the Michigan driver’s license number -- O600961135544 -- that Respondent surrendered to DHSMV when she first applied for a Florida driver’s license. The evidence is clear and convincing that the Yolanda Denise Orr referred to in the traffic records is Respondent, and that Respondent failed to disclose that name (and her maiden name, Yolanda Small) in her license application. Third, Respondent only disclosed one criminal offense in response to the question in the application that asked whether she had “ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest) . . . .” The criminal offense that Respondent disclosed was, according to the application, a 1987 offense in Louisiana which Respondent “used the wrong social security number” when “filling out [her] financial aid papers for the first time.” There is no evidence that Respondent was prosecuted for such an offense in Louisiana. Respondent was, however, prosecuted in federal court in Michigan in 1993 for using a false SSN on two separate student loan applications. Those offenses were prosecuted as part of an indictment that also included four counts of filing fraudulent tax returns with the Internal Revenue Service and two counts of using a false SSN on tax returns. In February 1995, Respondent pled guilty to one count of filing a fraudulent tax return, one count of using a false SSN on a tax return, and one count of using a false SSN on student loan applications. The other counts of the indictment were dismissed as part of her plea agreement. In September 1995, Respondent was adjudicated guilty of the offenses to which she pled guilty and was sentenced to six months in federal prison, followed by three years of probation. She was also required to pay restitution in the amount of $8,177 to the Internal Revenue Service and restitution in the amount of $2,761 to the U.S. Department of Education. Respondent testified that “the whole reason the [federal] case came about” was that she filed a tax return not knowing that one had already been filed on her behalf by H&R Block; that the investigation into the “double” filing of the tax return led to the charge involving the “student loan application that had the wrong social security number on it”; and that it was her understanding that the offenses related to the student loan application submitted to Grambling State University, not any colleges in Michigan. Respondent’s testimony regarding the circumstances giving rise to the federal offenses was not credible because, among other things, she was charged with filing false tax returns on three separate occasions -- in 1990, 1991, and 1992 - - not just one time. The background check conducted on Respondent based upon the fingerprint card that she submitted as part of her license application identified two additional criminal offenses that Respondent did not disclose in her application. The first undisclosed offense was a 1990 felony retail fraud offense prosecuted in state court in Michigan. Respondent pled guilty to the offense and was sentenced to one year of probation. The record does not reflect the circumstances surrounding the retail fraud offense, but Respondent described it as “basically a petty theft.” The second undisclosed offense was a 1991 bad check charge, which was also prosecuted in state court in Michigan. The case was not resolved until February 2001 because, according to Respondent, it involved a check she wrote prior to leaving for college and she was unaware that that a case was pending against her until she returned to Michigan after college. Respondent was required to disclose criminal traffic offenses in her license applications; she was not required to disclose traffic offenses such as “parking, speeding, inspection, or traffic signal violations.” The traffic records suggest that several of the offenses may have been criminal in nature (e.g., driving with a suspended license), but the evidence was not clear and convincing on that issue.5 Respondent testified that she did not disclose the state court offenses because she did not remember them at the time she submitted her license application. She testified that she considered the federal offenses to be related and that she thought that disclosing one of the offenses was adequate since the other offenses were related and prosecuted together. Respondent’s explanation as to why she did not disclose all of her federal offenses is not entirely unreasonable under the circumstances. The offenses were all prosecuted in a single criminal proceeding and, even though they involved offenses committed in Michigan between 1990 and 1992 (rather than in Louisiana in 1987), they did involve use of an incorrect SSN on a student loan application. Respondent’s explanation as to why she did not disclose the offenses prosecuted in state court was not plausible. It is understandable that Respondent might not recall all of the details of the retail fraud offense since it occurred more than 10 years before the date of her application, but her testimony that she did not even remember the existence of the offense at the time she filled out her application was not credible or reasonable. Respondent’s testimony that she did not remember the bad check offense at the time she filled out her license application was even less credible because the court records related to that offense reflect that the case was not finally resolved until February 2001, which only two years prior to the date of Respondent’s license application. Respondent testified that she was told by a Division employee that she did not need to disclose all of the counts of the federal case because the related offenses would be discovered as part of the background screening based upon the fingerprint card submitted by Respondent. Respondent offered no evidence to corroborate her unpersuasive, self-serving testimony on this point. Respondent testified that she was directed by the same Division employee to provide a supplemental letter to the Division explaining the federal offenses, and that she did so. However, there is no record of what, if anything, Respondent submitted to the Division. Respondent’s application did not go to the Florida Real Estate Commission (Commission) for approval even though a criminal history was disclosed in the application. The Commission policy in effect at the time authorized the Division to approve such applications on a case-by-case basis. The policy did not require an applicant such as Respondent to appear before the Commission, as is the case under current Commission policy. Respondent did not present any evidence of mitigation at the final hearing. However, in her post-hearing filing, she stated, “I am a single mother, and as such, I rely on my real estate business as my only source of income.”
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Commission issue a final order that: finds Respondent guilty of violating Section 475.25(1)(m), Florida Statutes (Count I of the Administrative Complaint); finds Respondent guilty of violating Florida Administrative Code Rule 61J2-2.027(2) and, hence, Section 475.25(1)(e), Florida Statutes (Count II of the Administrative Complaint); revokes Respondent’s license; and imposes an administrative fine of $1,000 or the Division’s investigative costs, whichever is less. DONE AND ENTERED this 19th day of February, 2007, in Tallahassee, Leon County, Florida. S T. KENT WETHERELL, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 2007.
Findings Of Fact The Respondent Jack L. Goodwin, is registered as an inactive real estate broker, holding license number 0032656. In 1975 the Respondent was found guilty of the crime of possession of a stolen motor vehicle. He served six months in the Broward County jail, and was placed on probation for five years. This term of probation was terminated by the court in 1978. On December 29, 1978, the Respondent received a restoration of his civil rights by the State of Florida. The Respondent's present license was applied for in 1979. In this application, the Respondent made full disclosure of his conviction, sentence, and early termination of the probationary term. A copy of the Certificate of Restoration of Civil Rights was also submitted as part of this application. A broker's license was issued to the Respondent on September 17, 1979. Previously, and for a period of approximately seven years, the Respondent held a real estate salesman's license. This license was superceded by the broker's license in 1979. Based upon the uncontroverted testimony of the Respondent, the circumstances surrounding his arrest for possession of a stolen motor vehicle are as follows. The subject vehicle was purchased by the Respondent from persons whom he thought to be legitimate automobile brokers. Sometime thereafter he discovered that the vehicle had been stolen. When the Respondent attempted to sell this vehicle to another party, he was arrested. There is no evidence that the Respondent stole the vehicle initially.
Recommendation Based upon the foregoing findings of fact and Conclusions of law, it is RECOMMENDED that the Administrative Complaint filed against Jack L. Goodwin be dismissed. THIS RECOMMENDED ORDER entered on this 24th day of May, 1982, in Tallahassee, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 1982. COPIES FURNISHED: Frederick H. Wilsen, Esquire 130 North Monroe Street Tallahassee, Florida 32301 Jack L. Goodwin 1560 S.W. 19th Street Boca Raton, Florida 33432
Findings Of Fact On October 14, 1988, shortly before 9:00 a.m., Sheriff Deputy William Emral of the Monroe County Sheriff's Office was notified by radio that the Sheriff's Office dispatcher had received an anonymous telephone call advising that two white males were loading what appeared to be narcotics into a white four-door Cadillac, with Florida license plate number 367-ZGX. The caller indicated that the Cadillac was headed northbound on the highway from Lower Matecumbe Key. Deputy Emral then took up a stationary position at mile marker 84 and began watching the northbound traffic. At about 9:05 a.m., he observed the Cadillac described by the anonymous caller. Deputy Emral began to follow the subject Cadillac northbound. He followed the Cadillac for approximately one mile and then activated his emergency lights and pulled the Cadillac over. From the time Deputy Emral first saw the subject Cadillac until the time he pulled the Cadillac over, he did not observe anything about the car or the driver that would have caused him to stop the Cadillac. Had it not been for the information provided by the anonymous caller, Deputy Emral would not have stopped the subject Cadillac. The Respondent, Mark Alfred Herre, was driving the Cadillac at the time Deputy Emral pulled it over. Mr. Herre did not flee and obeyed the directions given to him by Deputy Emral. He produced his driver's license which showed his name as Mark Alfred Herre. The car was rented and, when requested, he produced the rental contract showing that it had been rented by another individual. Deputy Emral reported this information to his base and to his superior, Captain Wilkinson, who later arrived at the scene. Deputy Emral observed two bags, one green and one gray. These were soft sided bags and appeared to be stuffed between the rear and front seats of the rented car, on both the driver and passenger sides. They were relative large, approximately three feet by four feet in size. The rental contract produced by Mr. Herre indicated that the vehicle was rented by a Maryland resident named Robert E. Lee. Mr. Herre could produce no authorization from Mr. Lee that he was entitled to use the vehicle nor could he produce the name of someone who could confirm he was authorized to be driving the subject vehicle. At about this time, Captain Wilkinson arrived at the scene as backup. At this point, Mr. Herre was not suspected of a crime and continued to answer questions from the Deputy. He stated that the bags in the car contained diving gear. Deputy Emral is a certified diver and the story seemed suspicious and inconsistent with the Deputy's previous diving experiences. Mr. Herre did not ask any questions or make other inquiries as to why he was stopped. Deputy Emral did explain that an anonymous tip was received and discussed this information with the Petitioner. At this point, Deputy Emral and Captain Wilkinson conferred and because of the information received by the anonymous tip to the Sheriff's Office and the inability of the Petitioner to prove he had authorization to be driving the rented vehicle, they decided that the vehicle should be taken into custody. In preparation for taking a vehicle into custody, an inventory of the vehicle is made as a standard procedure. Mr. Herre was not placed under arrest at this time. Mr. Herre was asked for, but declined to give, permission for the Deputy to search the vehicle. The vehicle was then searched and it was determined that the two bags in the passenger compartment contained bales of marijuana. Captain Wilkinson then took charge of the vehicle and drove it to the Sheriff's Office. Captain Wilkinson stated that even if no contraband were in the vehicle, he would probably have driven it to the substation to await confirmation that Mr. Herre was actually authorized to be in possession of the rented car and the same was not actually stolen. At the Sheriff's Office, the Cadillac was thoroughly searched and the car and its contents were photographed. Three bales of marijuana were recovered from the back seat and ten bales of marijuana were recovered from the trunk. Samples tested positive for marijuana. For purposes of this case, the parties have stipulated that the marijuana found in the subject Cadillac weighed a total of 300 pounds. On November 17, 1988, the Department issued a Notice Of Assessment And Jeopardy Findings to the Petitioner, Mr. Herre. The assessment was based on an estimated retail price for marijuana of $700.00 per pound times the stipulated 300 pounds, which comes to a total estimated retail value of $210,000.00. The tax, surcharge, and penalty assessed against Mr. Herre were as follows: 50% Tax $105,000.00 25% Surcharge 52,500.00 Additional penalty of 50% 78,750.00 Total Amount of assessment $236,250.00 Daily interest on the amount due is $51.78. The Notice of Assessment And Jeopardy Findings described above was properly and correctly prepared and notice of it was properly given to the Petitioner, Mr. Herre. On December 28, 1988, Mr. Herre was sentenced in Case No. 33-88-00446- CF-A to a period of five (5) years probation and to pay $5,000.00 in costs. The sentence in the aforementioned case was as a result of criminal charges arising from Petitioner's arrest for the conduct alleged in the Notice Of Assessment And Jeopardy Findings dated November 17, 1988.
Recommendation For all of the foregoing reasons, it is recommended that the Department of Revenue issue a Final Order in this case concluding that the Petitioner, Mark Alfred Herre, is liable for taxes, surcharges, penalties, and interest pursuant to Section 212.0505, Florida Statutes (1988 Supp.), and assessing the amount of such liability at $236,250.00, plus interest at the rate of $51.78 per day since November 7, 1988. RECOMMENDED in Tallahassee, Leon County, Florida, this 18th day of March 1991. COPIES FURNISHED: Stephen J. Bronis, Esquire 1395 Coral Way Third Floor Miami, Florida 33145 MICHAEL M. PARRISH 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 18th day of March 1991. Mark T. Aliff, Esquire Assistant Attorney General Department of Legal Affairs The Capitol - Tax Section Tallahassee, Florida 32399-1050 J. Thomas Herndon Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100 Vicki Weber General Counsel Department of Revenue 204 Carlton Building Tallahassee, Florida 32399-0100
The Issue Whether Respondent is guilty of the offenses set forth in the Administrative Complaint, and, if so, what penalties should be imposed.
Findings Of Fact Petitioner is the Division of Real Estate of the Department of Professional Regulation. As such, Petitioner acts as the licensing and regulatory agency for real estate salesperson licensees. The Respondent is Jack Wilson Johnson, holder, at all times pertinent to these proceedings, of license number 0636049 issued by Petitioner. His license is currently inactive. His address is c/o Jack Lu, Inc., 8445 Pensacola Boulevard, Pensacola, Florida 32534. On or about February 26, 1996, Respondent submitted an application to Petitioner for licensure as a real estate salesperson. Question number 9 on the application read 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 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. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of any other state, you are responsible for verifying the expungement or sealing prior to answering “NO.” If you answered “Yes,” attach details including dates and outcome, including sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not understand the question, consult with an attorney or the Division of Real Estate. Respondent marked the “NO” box beside this question. Respondent then signed the “Affidavit of Applicant.” Above his signature was printed the following language. The above named, and undersigned, applicant for licensure as a real estate sales person under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s)(he) has carefully read the application, answers, and attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and recollection permit, without any evasions or mental reservations whatever; that (s)(he) knows of no reason why this application should be denied; and (s)(he) further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives, by him/her in response to inquiries concerning his/her qualifications. On or about July 6, 1989, Respondent pled nolo contendere to reckless driving in Santa Rosa County, Florida, and was adjudicated guilty with a sentence of 6 months probation. Later, Respondent pled nolo contendere to a second charge of reckless driving on or about February 21, 1991. On or about January 19, 1994, Respondent pled guilty to violation of his probation on this charge. On or about March 8, 1993, Respondent pled nolo contendere to Battery in Escambia County, Florida. Adjudication was withheld. On or about May 1, 1974, Respondent pled nolo contendere to three counts of failure to register as a dealer or salesman, a felony, in Escambia County, Florida. Respondent admitted at the final hearing that he was guilty of answering “NO” to question number 9 on the application that he made to Petitioner in this case, but that this action was merely a result of “poor judgment.” Respondent offered mitigating testimony by two witnesses, establishing that he had handled real estate transactions for them to their satisfaction.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the offenses charged in the administrative complaint and revoking his license. DONE AND ENTERED this 14th day of July, 1998, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 14th day of July, 1998. COPIES FURNISHED: Laura McCarthy, Esquire Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 Jack Wilson Johnson c/o Jack Lu, Inc. 8445 Pensacola Boulevard Pensacola, Florida 32534 Henry M. Solares, Division Director Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street Orlando, Florida 32802-1900 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Based upon my observation of Respondent, and his testimony during the proceeding herein, the documentary evidence received, including a prehearing stipulation executed by counsel for the parties and the entire record compiled herein, the following relevant facts 1/ are found. Respondent, Stewart Sax, is a real estate salesman who holds License No. 0347241. Respondent is presently employed by Choice Rentals and Realty Corporation, 3365 North Federal Highway, Fort Lauderdale, Florida. The prosecution of this matter was initiated by Petitioner against Respondent based on an Administrative Complaint filed herein, signed August 3, 1981. On July 24, 1980, Respondent submitted an application for licensure with the Petitioner. In connection therewith, Respondent answered question No. 6 in the negative by asserting "No." That question reads in total: Have you ever been arrested for, or charged with commission of an offense against the laws of any municipality, state or nation including traffic offenses (but not parking, speeding, inspection or traffic signal violation), without regard to whether convicted, sentenced, pardoned or paroled? Respondent was first arrested on April 21, 1972, when he was charged with credit card theft in Atlanta, Georgia. At this time, he was approximately 22 years old and was a student at Emory University in Atlanta, Georgia. Respondent pled nolo contendere to the charges and received three years probation and a $500.00 fine based upon this plea. Respondent contends that the credit card belonged to a girl friend's mother and he initially had the right to use that credit card. Respondent was next arrested on January 25, 1974, when he was arrested for credit card theft, public indecency and public drunkenness in Atlanta. The charges on the first two counts were dismissed and Respondent received a 30-day suspended sentence on the public drunkenness charge. Respondent was next arrested on July 24, 1980, in Fort Lauderdale, and was charged with grand larceny and issuing a worthless check. The worthless check charge was nolle prosequi and the grand larceny charge was reduced to petty theft, to which Respondent pled no contest. Respondent was placed on probation for six (6) months; he paid $50.00 court costs and adjudication of guilt was withheld. On July 24, 1980, Respondent was again arrested for driving while intoxicated and with an expired driver's license. No information was issued on the driving while intoxicated charge and Respondent pled no contest to the expired driver's license charge. He paid $25.00 for court costs and adjudication was withheld. Finally, Respondent was arrested on July 30, 1980, and charged with prowling in Fort Lauderdale, Florida. These charges were dismissed. Respondent contends that he was under a great deal of pressure when he submitted his application for licensure and was of the opinion, based on representations of his former counsel, that he did not have to reveal these matters on applications, etc.; that these matters were dropped, and would not follow him in the future. (Prehearing Stipulation) As noted above, the matter was presented based upon a prehearing stipulation, prepared by counsel for the parties whereby Respondent admitted each of the allegations as contained in the Administrative Complaint with explanations for each allegation. Evidence presented at the hearing indicated that, except for the Public drunkenness charge, all remaining charges were either nolle prosequi, dismissed without any information being filed or adjudication was withheld and sentences were probated. Respondent has enjoyed success in his field as a real estate salesman since he has been licensed. Respondent as far as the record reveals, has not had any disciplinary charges brought against him since he has been licensed as a real estate salesman. Other professionals in the area have a high regard for Petitioner, both personally and professionally as a real estate salesman. Respondent is a highly intelligent real estate salesman who, it can be assumed, understood the application for licensure which he executed to become a real estate salesman. Based on the admissions contained in the prehearing stipulation and Respondent's testimony, his failure to truthfully answer all questions on his application, he (Respondent) violated the provisions of Chapter 475.17(1), Florida Statutes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That Respondent's real estate License No. 0347241 be REVOKED. That Respondent be afforded an opportunity to reapply for a license as a real estate salesman and that pending a decision by the Board on Respondent's reapplication for licensure, the Board spend the revocation referred to in the Recommendation above. RECOMMENDED this 25th day of May, 1982, 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 25th day of May, 1982.
The Issue The issue to be resolved in this proceeding concerns whether the Respondent received his real estate sales license through fraud, misrepresentation, or concealment, in violation of Section 475.25(1)(m), Florida Statutes, by allegedly misrepresenting his criminal record on his application for licensure.
Findings Of Fact The Respondent is a licensed real estate salesperson, holding license number 0638567. The Petitioner is an agency of the State of Florida charged, as pertinent hereto, with regulation of the entry into licensure and with the practice standards pertaining to real estate salespersons and brokers in the state of Florida. The Respondent applied for licensure as a real estate salesperson on April 8, 1996. He was approved to take the examination for licensure. He passed his examination and was duly licensed, and at all material times has been the holder of the above-referenced license. In response to question nine on the licensure application, he was asked whether he had ever been convicted of a crime, found guilty, or had entered a plea of guilty or nolo contendre. He responded to question nine with the answer "yes" and attached a handwritten notation regarding a 1972 arrest, plea and one-year probationary sentence. The Respondent did not give any information on that application concerning an arrest occurring on April 12, 1986, in Gwinnett County, Georgia, and his subsequent conviction on January 6, 1987. That conviction was a result of a negotiated guilty plea and resulted in 12 month probation. During the period of time encompassed by the April 1986 arrest, the Respondent's life had gone awry. He was dependent on drugs and alcohol and at the time of the April 12, 1986, arrest, on a shoplifting charge, he was habitually under the influence of drugs or alcohol. There are many aspects of this period of time in his life which are blocked out of his memory and which he simply had no recollection of. When he executed the licensure application, he simply failed to remember the arrest and conviction. When it was brought to his attention by investigator, Benjamin Clayton, of the Division of Real Estate, he readily admitted it and indicated that he had simply not recalled it when executing his licensure application. The evidence of record indicates that the Respondent was involved in a very serious motor vehicle accident on December 19, 1995. This resulted in numerous, serious injuries to the Respondent, including severe head injuries. He was treated by a number of doctors for the injuries resulting from this accident including Dr. William Smith and Dr. Robert Flurry. Dr. Flurry indicated that for approximately 4 to 5 months after his accident, the Respondent had symptoms of "Post-Concussion Syndrome." He was having great difficulty with dizziness, difficulty in concentrating, some confusion and memory loss. These problems eventually resolved themselves. In an office note of Dr. William Smith, an Orthopedic Surgeon, dated January 8, 1996, Dr. William Smith documents that the Respondent had some problems with memory loss. Mr. Stuart Bainter and Mr. Bill Haven, are well acquainted with the Respondent, knew him before his automobile accident and have continued their acquaintance with him thereafter. They established that for a number of months following his injuries due to the accident, he had substantial difficulty remembering things and that the problem persisted through and beyond the date the application for the real estate sales license was completed. In more recent times the memory loss and related problems of confusion and difficulty in concentrating have gradually resolved themselves. Ms. DeLany Sheffield, the Respondent's wife, testified about the extensive emotional problems the Respondent had around the time of his arrest in Gwinnett County, Georgia, on the shoplifting charge. She described in detail his rehabilitation efforts since then which have resulted in his being drug-free since the date of his arrest through the present time. She also described the incident surrounding the auto accident on December 19, 1995, and the resulting memory lapses, forgetfulness and inability to concentrate suffered by the Respondent for a substantial period of time thereafter. The Respondent described the events concerning the 1972 arrest which he did report on his initial real estate sales licensure application, and described the events surrounding his arrest in April 1986, which resulted in the negotiated plea of guilty in January, 1987. The second arrest was the one not referenced on his application. The Respondent is frank to admit that he does not know whether his failure to recall the April 1986 arrest and conviction was due to his addiction to drugs and alcohol at the time of these events, or whether it is due to memory loss resulting from the injuries due to his accident. He described "blocking out" entire periods of time from memory during the period he was suffering from drug and alcohol addiction, and described as well the lapses in memory occurring for a number of months after his automobile accident. Since his licensure he has been an exemplary real estate salesperson and has earned numerous honors, awards, and accomplishments. He testified that he has refused to engage in certain real estate transactions when he determined that the proposed buyers or investors were in some manner trying to circumvent law, rules or regulations. He has endeavored to conduct his real estate sales-related business in a manner consistent with all relevant, legal, regulatory, and moral standards. On March 9, 1998, the Respondent applied for licensure as a real estate broker disclosing both arrests. In due course he was approved, based upon that application to take the examination for licensure as a real estate broker. He passed that examination and has been duly licensed and at all material times since, has held Florida Real Estate Brokers License #0638567. Both the application and issuance of that broker's license occurred after the subject investigation had begun by the Division of Real Estate. When the Respondent executed his original application for licensure as a real estate salesperson on April 8, 1996, he had no intent to conceal or otherwise make a dishonest representation on that application for licensure concerning question nine. He inadvertently failed to mention the 1986 arrest and events surrounding it due to his failure to recall it. The failure to describe that arrest and surrounding circumstances was due to memory loss attributable to one or both of the above-found reasons. His failure to describe the 1986 arrest, conviction and probationary status was not due to any intent to defraud, conceal or misrepresent facts on his licensure application.
Recommendation In consideration of the foregoing Findings of Fact, Conclusions of Law, the evidence of record and the pleadings and argument of the parties, it is RECOMMENDED that a Final Order be entered by the Division of Real Estate, finding that William C. Sheffield is not guilty of obtaining his licensure as a real estate salesperson by fraud, misrepresentation, or concealment. Accordingly the Administrative Complaint should be dismissed in its entirety. DONE AND ENTERED this 4th day of January, 1999, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 4th day of January, 1999. COPIES FURNISHED: Geoffrey Kirk, Esquire Department of Business and Professional Regulation 400 West Robinson Street Ocala, Florida 32801-1900 John F. Windham, Esquire Beggs & Lane Post Office Box 12950 Pensacola, Florida 32576-2950 James Kimbler, Acting Division Director Divison of Real Estate Department of Business and Professional Regulation 400 West Robinson Street Orlando, Florida 32802-1900 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact The Respondent, Robert Thomas Brown, is registered with the Board of Real Estate (hereafter "Board") as a real estate salesman. The Respondent's application for registration was approved by the Board, and on December 22, 1978, he was issued a salesman's license. Question 6 of the Respondent's application filed with the Board reads as follows: Have you ever been arrested for, or charged with, the commission of an offense against the laws of 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? In response to this question, the Respondent inserted the work "no." The Respondent knew the answer he supplied to Question 6 was false because of a prior arrest and conviction for burglary in Kent County, Delaware in 1967. The Respondent was adjudicated guilty and received a one year suspended sentence. The Respondent was served with a copy of the Notice of Hearing in this proceeding by certified mail on or about October 29, 1979.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the Respondent's real estate salesman's license be revoked. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 14th day of November 1980. SHARYN S. SMITH 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 14th day of November 1980. COPIES FURNISHED: John Huskins, Esquire Department of Professional Regulation 2009 Apalachee Parkway Tallahassee, Florida 32301 Robert Thomas Brown 604 Avenue "E" Southeast Winter Haven, Florida 33880 Robert Thomas Brown Post Office Box 612 Winter Haven, Florida 33880 C. B. Stafford, Executive Director Florida Real Estate Commission 400 W. Robinson Street Post Office Box 1900 Orlando, Florida 32802
