The Issue Whether or not Respondent's Florida Real Estate license should be disciplined because Respondent is guilty of and was found guilty of crimes which involve moral turpitude or fraudulent or dishonest dealing for which he was confined in a state prison in violation of Subsections 475.25(1)(f) and (n), Florida Statutes.
Findings Of Fact Petitioner is the state licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints in particular Section 20.30, Florida Statutes and Chapters 120, 455 and 475, Florida Statutes and rules promulgated pursuant thereto. Respondent is now and was at all times material hereto, a licensed real estate salesman in the state of Florida having been issued license No. 0463021 in accordance with Chapter 475, Florida Statutes. On October 5, 1989, in Hillsborough County Court, Criminal Division, State of Florida, Respondent entered a plea of nolo contendere to the misdemeanors of prostitution and taking a minor in a vehicle with a malevolent intent, a local ordinance punishable as a misdemeanor. The Respondent was found guilty and sentenced to thirty days imprisonment and six months probation. On March 11, 1991 in the Hillsborough County Court, Criminal Division, State of Florida, Respondent entered a plea of nolo contendere to two counts of petty theft. Respondent was found guilty of both counts and was placed on probation for six months to run consecutively on each count. Steven Pearce, Petitioner's investigator, spoke to Respondent about the nature of the charges alleged in the administrative complaint. Investigator Pearce made a series of calls to Respondent and during one of these calls, a discussion ensued relating to the complaint allegations filed against Respondent. During the second call which Investigator Pearce had with Respondent on June 25, 1991, a discussion was had regarding the petit theft charges and a series of other criminal charges which were filed against him. At the time of Respondent's written response to Investigator Pearce on June 12, 1991, he was incarcerated in Hillsborough County Jail for charges which he then contended that he was innocent. Specifically, he maintained in that letter as well as during the hearing that he was pulled into matters for which his son was involved and that he was in no manner responsible for the actions of his son. Respondent spent approximately forty-five days in the Hillsborough County Jail during 1989 at which time he made a no contest plea on October 5, 1989 because it would have taken approximately 21 more days for him to go to trial and he had, at that time, spent the maximum amount of time allowable for the charge for which he was being held. Prior thereto, Respondent had been incarcerated in the Sumter County Jail on a first degree murder charge where he remained for approximately 14 months and was thereafter released to Hillsborough County Jail. During his incarceration, Respondent's trial had been postponed approximately nine times and he repeatedly maintains that all of the allegations which he was being charged for dealt with activity engaged in by his son and "unbeknownst to" Respondent.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Petitioner enter a final order finding Respondent guilty of having engaged in proscribed conduct within the purview of Subsections 475.25(1)(f) and (n), Florida Statutes as alleged in the administrative complaint. It is further recommended that Respondent's license as a real estate salesperson in Florida, license No. 0463021 be revoked. DONE and ENTERED this 2nd day of June, 1992, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of June, 1992.
The Issue Whether Respondent has failed to maintain the qualifications of a law enforcement officer to have good moral character, as alleged in the Administrative Complaint.
Findings Of Fact The Respondent was certified by the Criminal Justice Standards and Training Commission on March 21, 1988, as a law enforcement officer, Certification Number 50-87-002-01, and at all time relevant, certification was active. In March of 1988, the Respondent became employed as a police officer with the Winter Haven Police Department. On two separate occasions in 1990, Lois May engaged in sexual intercourse with Officer Edgar S. Searcy. On both occasions, Officer Searcy paid May $10.00 for her services. Officer Searcy was on duty and in uniform during both of these occurrences. Colleen McCoy performed oral sex on Officer Searcy in exchange for $5.00 on one occasion in 1990. While on duty, Respondent picked up McCoy at her residence, and took her to a secluded location where she performed oral sex on him. He paid her $5.00, and drove her to a location where she could walk to nearby "crack house" and obtain drugs.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of failure to maintain good moral character, as required by Subsection 943.13(7), Florida Statutes (1989), and that Respondent's certification be REVOKED. DONE AND ENTERED this 6th day of January, 1994, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 6th day of January, 1994. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1,2,3,4,5,9 Rejected as hearsay: paragraphs 6,7,8 Respondent's proposed findings of fact. Accepted in substance: none Rejected as argument or comments on the evidence: paragraphs 1, 2, 3,4 COPIES FURNISHED: Michael Ramage General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Leon Lowry, II, Director Division of Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Steve Brady Regional Legal Advisor Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Doris Hundley Qualified Representative Edgar S. Searcy 490 East Plum Avenue Chipley, Florida 32428
Findings Of Fact On Tuesday, April 24, 1979, respondent went to the home of Alberta Cross in Melbourne, Florida, to see Ms. Cross' daughter, Sandra Young, mother of his two children. At the time, respondent was having an argument with Sandra Young. Frank Bell, a friend of Ms. Cross for several years, was at her house when respondent called on Ms. Young. Mr. Bell pointed a gun at respondent and ordered him off the property. Ms. Young threw herself between respondent and Mr. Bell and then left with respondent in the van in which he had arrived. After talking things over with a friend, respondent decided to swear out a warrant for Mr. Bell's arrest. As a result, Mr. Bell was arrested the following day. He was released from jail on bond, on April 26, 1979, a Thursday. Some seven years earlier, Mr. Bell and respondent had confronted one another at Ms. Cross' house. On that occasion, too, Mr. Bell pointed a gun at respondent. Between 5:00 and 5:30 on the afternoon of April 26, 1979, Mr. Bell arrived at the home of Linda Marie Harden. Ms. Harden lived within sight of respondent's father's house. A little before 7:00 o'clock on the evening of April 26, 1979, Mr. Bell left the Harden residence in a 1964 Chevrolet sedan. Both windows on the left hand side of the vehicle were rolled up. The left front door window was held together with tape and could not be rolled down. The left front door could not be opened from the inside of the car. As Mr. Bell turned a corner in front of respondent's father's house, respondent took up position with a shotgun, threw a cinder block at the car, and, when Mr. Bell turned around to see what had caused the noise, fired a single shot which blew out both windows on the left hand side of the car, hit Mr. Bell in the left shoulder, forehead, back of his head, and left eye, knocked him over in his seat, and resulted in his hospitalization for nine days. After the shooting, respondent fled. Respondent could have avoided a confrontation with Mr. Bell by taking cover. Respondent's father and respondent's son were sitting in the front yard with respondent, beside one of two vans parked in the front yard, when respondent first spotted Mr. Bell's car. Respondent's father grabbed his grandson and ran for the house before the shooting. Instead of making a run for the house or taking shelter behind a van, respondent threw the cinder block and fired the shotgun. When the police arrived, they found a pistol on the right hand side of the floor in the back of Mr. Bell's car. Mr. Bell did not point this gun at respondent on April 26, 1979; Mr. Bell did not even see respondent before the shot was fired. As a result of these events, respondent was tried on charges of aggravated battery. In those proceedings, as in these, he raised the defense of self defense. The criminal trial eventuated in an acquittal. Three young people, including two of respondent's former students, witnessed the shooting. News of the incident spread rapidly. The next day, respondent's principal received eight to ten telephone calls from parents with remarks like "Surely you won't let a murderer stay in the classroom." Other parents complained in person and two students mentioned the incident to the principal. Respondent was suspended on April 27, 1979, and subsequently fired, by the Brevard County School Board. After respondent's acquittal, 120 students signed a petition for his reinstatement.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That the Department of Education suspend respondent's teaching certificate for three years. DONE and ENTERED this 24th day of January, 1980, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: J. David Holder, Esquire 110 North Magnolia Drive Suite 224 Tallahassee, Florida 32301 C. Anthony Cleveland, Esquire 208 West Pensacola Street Tallahassee, Florida 32304
