The Issue The issue in the case is whether the Petitioner should be permitted to take the examination for licensure as a real estate sales associate.
Findings Of Fact In September 2003, the Petitioner filed an application for licensure by the State of Florida as a real estate sales associate. In an application section titled "Background Information" question 1 asks in relevant part, "[h]ave you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere . . ." to which the Petitioner responded in the affirmative. "Background Information" question 4 in relevant part asks, "[h]as any license, registration, or permit to practice any regulated profession, occupation, vocation, or business been revoked, annulled, suspended, relinquished, surrendered, or withdrawn . . ." to which the Respondent replied in the affirmative. Question 1 directs an applicant who responds in the affirmative to disclose the full details of the incident(s) by completion of "form 0050-1." Question 4 directs an applicant who responds in the affirmative to disclose the full details of the termination(s) by completion of "form 0060-1." The disclosure forms completed by the Petitioner (if any) are not in the Respondent's files and are unavailable for review. The Petitioner's application package was presented to the Commission on December 16, 2003. After considering his presentation, the Commission denied his application and instructed him to return with additional information related to the disclosed charges. The Petitioner apparently sought reconsideration, and his application package was again presented to the Commission on March 17, 2004. After reconsidering the Petitioner's background, the Commission again denied his application. The Petitioner then sought an administrative hearing to challenge the denial of his application. On or about July 26, 2000, the Petitioner was arrested and charged with stalking. The Commission's records indicate that the Petitioner completed a pretrial program and was sentenced to 50 hours of community service. At the administrative hearing, the Petitioner testified that he was placed on probation for six months, and had to complete a six- month psychological evaluation. The stalking charge was nolle prossed. At the hearing, the Petitioner stated that at the time of the stalking charge, he was working at a retail establishment. The object of his attention was a 16-year-old female who was working in the vicinity. The Petitioner was approximately 36 years old. The Petitioner asserted that he did not know the female was 16 years old at the time. He denied that he "stalked" the female, but stated that he merely spoke to her a few times in person and attempted to contact her once by telephone. He continued to express surprise at the stalking charge. On or about June 6, 2001, the Petitioner was arrested and charged with burglary of an unoccupied conveyance, a felony, and criminal mischief. He was sentenced to two years of probation, six months of psychological evaluation, and was required to pay court costs. Adjudication of guilt was withheld. At the hearing, the Petitioner stated that he went to the home of an ex-girlfriend to collect a $500 debt she allegedly owed to him. He testified that he knocked on her door and got no response. As he left her residence, he saw that her automobile was unlocked. He opened the hood of the ex- girlfriend's vehicle and ripped out the spark plug cables. He asserted that he "didn't steal anything" because he threw the cables away and didn't keep them. On or about September 5, 2001, the Department of State, Division of Licensing, entered an order based on the Petitioner's stipulation, revoking his Class "D" Security Officer's License, based on the burglary charge.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent enter a final order denying the Petitioner's application for licensure as a real estate sales associate. DONE AND ENTERED this 17th day of August, 2004, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM 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 17th day of August, 2004. COPIES FURNISHED: Alfonso Santana, Esquire Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street, Suite 801N Orlando, Florida 32801-1757 Fernando Freire 5242 Millenia Boulevard, No. 304 Orlando, Florida 32839 Leon Biegalski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 Juana Watkins, Acting Director Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street, Suite 802 North Orlando, Florida 32808-1900
The Issue Whether Respondent is guilty of violating Section 475.25(1)(m), Florida Statutes.
Findings Of Fact Petitioner, Department of Business and Professional Regulation, Division of Real Estate (Department), is a state licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints pursuant to the laws of Florida, in particular, Section 20.165 and Chapters 120, 455, and 475, Florida Statutes, and the rules promulgated pursuant thereto. On May 18, 1987, Respondent, Thomas J. Christenson (Christenson), submitted an application to the Department for licensure as a real estate salesperson. Included with his application was a sworn affidavit by Christenson dated April 21, 1987, which stated: The above named, and undersigned, applicant for licensure as a real estate salesman, upon being duly sworn, deposes and says that he is the person so applying, that 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 knowledge, information, and records permit, without any evasions or mental reservations whatsoever . . . Question six of the application asked whether the applicant had "ever been convicted of a crime, found guilty, or entered a plea of nolo contendere (no contest), even if adjudication was withheld . . ." To question six of the application, Christenson replied, "yes," and stated, "I was convicted of disorderly conduct (misdemeanor) and driving while intoxicated in Pennsylvania in 1981 and disorderly conduct in New Jersey in 1978. I completed probation on both occasions." However, Christenson failed to disclose that on or about January 2, 1987, approximately four months before he signed the affidavit on his real estate salesperson application, he had entered a plea of nolo contendere to and was adjudicated guilty of one count of resisting arrest without violence or that he was adjudicated guilty of criminal mischief on or about November 2, 1981, in the Municipal Court of Lower Township, New Jersey. Relying on Christenson's application, the Department issued Christenson a real estate salesperson's license. The records from the Chester County Courts Management System indicate that on April 19, 1984, Christenson entered into a plea bargain on the charges of driving under the influence of alcohol, drivers required to be licensed, and disorderly conduct. He was sentenced to jail for 48 hours, put on probation for 23 months and required to pay a fine of $102.50. On September 3, 1985, a bench warrant was issued for violation of parole. In 1991, the bench warrant was quashed and the petition was dismissed because Christenson's whereabouts had been unknown since August 15, 1985. On September 5, 1989, Christenson submitted an application to the Department for licensure as a real estate broker. On the application, Christenson signed a sworn affidavit which provided: The above-named, and undersigned, applicant for licensure as a real estate broker, upon being duly sworn, deposes and says that he/she is the person so applying, that he/she 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 . . . Question seven of the application asked whether the applicant had "ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld." Christenson replied "yes" to the question and stated, "I paid a fine for a misdemeanor of disorderly conduct in Wildwood, N.J. in 1977." However, Christenson failed to disclose that on or about January 2, 1987, he had entered a plea of nolo contendere to and was adjudicated guilty of one count of resisting arrest without violence, that he was adjudicated guilty of criminal mischief on or about November 2, 1981, in the Municipal Court of Lower Township, New Jersey, that he was convicted of disorderly conduct and driving under influence of alcohol in Pennsylvania in 1981, and disorderly conduct in New Jersey in 1978, that he plea bargained on charges of driving while intoxicated, driving without a license, and disorderly conduct in 1984 in Chester County. In reliance upon Christenson's application, the Department issued Christenson a real estate broker's license. Christenson expected that the Department would conduct a detailed search into his prior records when he answered "yes" on his application for licensure as a real estate salesperson. Christenson testified that he did not reveal that he had entered a plea of nolo contendere and was adjudicated guilty of resisting arrest without violence in January 1987 because he did not understand that the conviction was for a criminal offense because the offense had arisen out of a traffic incident and he had paid only a fine and court costs, totaling $150. When Christenson filed his application for a broker's license, he was fully aware that his application for a salesperson's license was already on file with the Department and thought that the Department would also consider the information that he had included on the application for a salesperson's license. Since Christenson has held licenses with the Department, he has had no other disciplinary actions taken against his licenses. He has been the top salesman in his office for the last ten years and serves on the Chairman's Advisory Council for Coldwell Banker.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered suspending Thomas J. Christenson's license for one year and imposing an administrative fine of $1,000. DONE AND ENTERED this 24th day of March, 1999, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 24th day of March, 1999. COPIES FURNISHED: Daniel Villazon, Esquire Department of Business and Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32802 Bruce Wilkinson, Esquire 221 East Osceola Street Stuart, Florida 33994 James Kimbler, Acting Division Director Division of Real Estate Department of Business and Professional Regulation Post Office Box 1900 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 Petitioner is charged with enforcing the provisions of Chapter 475, Florida Statutes, and related rules which establish the licensure and practice standards for real estate brokers and salesmen in the State of Florida and provide for a method of enforcing those standards. The Respondent is a licensed real estate salesman, being issued license number 0443228, in accordance with Chapter 475, Florida Statutes. The Respondent's last licensed practice location was as a salesman with John Davidson Realty, Inc., at 949 Jenks Avenue, Panama City, Florida 32401. The Respondent was first licensed in January of 1985. In November of 1983, the Respondent engaged in a telephone call(s) to introduce or serve as an intermediary between two old friends. The purpose of the calls was to arrange for one of his friends to buy a quantity of marijuana from the other. This arrangement arose out of friendships based upon the Respondent's former residence in Key West, Florida. The Respondent helped his friends arrange a marijuana sale transaction; and a few months later, in approximately June of 1984, he again telephoned one of them to urge him to pay the money he owed the seller of the marijuana. That was the extent of the Respondent's involvement in the illegal drug transaction. On December 29, 1988, the Respondent, was indicted, with other defendants, on a number of related charges concerning the use of the mails and telephones in promoting and facilitating the distribution, and the conspiracy to distribute, marijuana, and the commission of acts which are felonies under federal drug laws. He pled guilty to Count V of that indictment involving the intentional use of the telephone in facilitating another in commission of acts which are felonies under federal drug laws, specifically, the distribution and conspiracy to distribute a quantity of a controlled substance: to wit, marijuana. Thus, the Respondent was ultimately convicted of a violation of Title 21, United States Code, Section 843, after his agreed plea was ultimately entered on April 18, 1989. On that date, the United States District Court for the Northern District of Florida entered a judgment convicting the Respondent of violating that Section of the United States Code, as charged in Count V of the indictment. The court sentenced the Respondent to three years of imprisonment, which was then suspended on the condition that the Respondent be confined in a treatment institution for 90 days. The Respondent carried out that sentence by spending nights in a "halfway house", while working during the day. The Respondent immediately notified the Petitioner of his conviction on or about April 24, 1989, by letter. The Respondent candidly explained his predicament to the Florida Real Estate Commission without any prompting by the Commission and asked for the Commission's guidance. Ultimately, the Petitioner responded by filing the subject administrative complaint. The Respondent also fully cooperated with the federal authorities in the prosecution of the various criminal matters relating to the confiscation of property acquired with drug sale proceeds by other individual defendants named in the original indictment. This criminal act was committed by the Respondent prior to his licensure as a real estate salesman in the State of Florida. Since the original criminal conduct, the Respondent, in early 1984, married and has since had four children. He, through his own testimony and that of his witnesses, established that he is an exemplary family man, husband and father of his children. He has been a good provider for his family and himself since he has been a very successful real estate salesman, with a higher professional certification pending for him in the field of commercial real estate. A number of real estate brokers in the Panama City area with whom the Respondent has worked as a business associate or employee attested to his excellent reputation for honesty and fair dealing in all business and personal transactions and to the purity of his personal character. Since his entry into the real estate sales profession, he has become prominent both in the actual practice of his profession and in related professional organizations and civic activities. He has truly proved himself to be a rather admirable citizen since his unfortunate illegal conduct and resulting conviction. This altercation with the federal criminal justice system was the only one on his record, and he has had no violations in a professional context since he was licensed as a real estate salesman. The Respondent's evidence establishes unequivocally that he has rehabilitated himself from the effects and personal blemish of his past miscreant conduct. No evidence was adduced to refute that showing, because the Petitioner essentially no longer disputes those facts. His rehabilitation is to such an extent that it is obvious that his prior criminal conduct, should it become known to the public, would not likely cause or induce the public to fear that he would act to his clients' detriment in the conduct of their business affairs and the handling of their funds. In summary, the peculiar circumstances of this case, starting with the fact that the Respondent himself was not directly involved in the sale of illegal drugs, but rather was seeking to "help out a friend", albeit wrongfully, through the remaining facts established, which prove his rehabilitation, have shown that his prior criminal conduct does not reflect adversely on his ability to serve as an exemplary licensed real estate professional in the State of Florida.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record, the candor and demeanor of the witnesses and the pleadings and arguments of the parties, it is, therefore RECOMMENDED that a Final Order be entered by the Petitioner finding the Respondent guilty of a conviction of a crime involving moral turpitude, as prohibited by Subsection 475.25(1)(f), Florida Statutes, and that the penalty of a private, written reprimand be imposed. DONE AND ENTERED this 5th day of July, 1990, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF, 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 July, 1990. APPENDIX TO RECOMMENDED ORDER CASE NO. 89-6876 The following discussion is given concerning the fact proposals of the parties: Petitioner's Facts 1-9. Accepted. Respondent' s Facts The Respondent filed no proposed findings of fact. COPIES FURNISHED: Darlene F. Keller, Division Director Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, FL 32802 Kenneth E. Easley, Esquire Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 James H. Gillis, Esquire Department of Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, FL 32802 Glen L. Hess, Esquire 9108 West Highway 98 Panama City Beach, FL 32407
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
The Issue At issue in this proceeding is whether Respondent committed the violation of Section 475.25(1)(m), Florida Statutes, alleged in the Administrative Complaint and, if so, what disciplinary action should be taken against her.
Findings Of Fact Based on the oral and documentary evidence adduced at the final hearing, and the entire record in this proceeding, the following findings of fact are made: Petitioner, Department of Business and Professional Regulation, Division of Real Estate (the "Department"), is a state government licensing and regulatory agency charged with the duty to prosecute administrative complaints pursuant to the laws of the State of Florida, including Chapters 455 and 475, Florida Statutes. Respondent, Maureen Teresa Mobley, is a licensed real estate salesperson in the State of Florida, having been issued license number 0647773. On or about January 22, 1997, Respondent filed an application 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 answered item 9 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 March 3, 1997, Respondent passed the salesperson examination and was issued license number 0647773. From March 15, 1997, through April 7, 1997, Respondent was an inactive salesperson. From April 8, 1997, through the present, Respondent has been an active salesperson associated with Betty K. Woolridge, an individual broker trading as B. K. Woolridge and Associates, currently in Tampa, Florida. Steve Pence, Investigative Supervisor for the Department, investigated Respondent’s criminal history. He discovered that Respondent had "a problem" with a worthless check charge. Mr. Pence obtained a Certificate of Disposition from the Clerk of the Circuit Court for Hillsborough County, Florida. The Certificate indicated that on November 4, 1992, Respondent entered a plea of nolo contendere to a misdemeanor charge of obtaining property with a worthless check, an offense that occurred on July 25, 1991. The Certificate further indicates that adjudication was withheld. After Mr. Pence concluded his investigation, the Department filed the Administrative Complaint at issue in this proceeding which, based on Respondent's failure to disclose the aforesaid criminal disposition, charged that "Respondent has obtained a license by means of fraud, misrepresentation, or concealment in violation of [Section] 475.25(1)(m), Florida Statutes" and sought to take disciplinary action against her license. According to the complaint, the disciplinary action sought . . . 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. . . . At the hearing, Respondent testified that six or seven years ago, she wrote a check for $19.00 that was not cleared at her bank. She had moved during this period, and for some reason the notification did not reach her. When she found out the check had not been paid, she went directly to the intended payee and made the payment. A year later, she was stopped for a minor traffic violation and was arrested on an outstanding warrant for her arrest on the worthless check charge. At the time, she thought the matter had been taken care of and had no idea there was warrant out for her arrest. Respondent testified that she went before the judge, who noted that she had made good on the check more than a year before her arrest. Respondent admitted pleading no contest to the charge. However, Respondent’s understanding of "adjudication withheld" was that the judge had dismissed the charge, provided she pay the court costs. She never saw the Certificate of Disposition until Mr. Pence brought it to her attention several years later. Respondent's explanation for her failure to disclose the worthless check charge on her application is credited. It is found that, at the time she submitted her application, Respondent did not intend to mislead or deceive those who would be reviewing her application. In so finding, it is observed that Respondent's testimony was candid and her understanding of the disposition of the matter was reasonable, given the passage of time since the events in question, the minor nature of the underlying charge, and the fact that the judge acknowledged she had long since made good on the $19.00 check at issue.
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 30th day of March, 1999, in Tallahassee, Leon County, Florida. LAWRENCE P. STEVENSON 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 30th day of March, 1999. COPIES FURNISHED: Daniel Villazon, Esquire Department of Business and Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900 Leonard H. Johnson, Esquire Schrader, Johnson, Auvil and Brock, P.A. Post Office Box 2337 37837 Meridian Avenue Dade City, Florida 33526-2337 William Woodyard Acting General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 James Kimbler Acting Division Director Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32302-1900
The Issue Should Petitioner, Darius Jermaine Santiago's, application for a real estate sales associate license be granted.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following Findings of Fact are made: Petitioner is an applicant for licensure as a real estate sales associate. He is 36 years old and has lived in Florida since June 2004. He works in a Subway restaurant. Respondent is the state agency responsible for licensing real estate professionals in the State of Florida and has the statutory authority to approve or deny Petitioner's application. Petitioner’s application discloses the following criminal offenses: Indecent exposure [Exposed sexual organ to law enforcement officer] Volusia County, Florida Date of offense 7/28/2005 Pled no contest; adjudication withheld, 6 mos. probation, fined. Possession of cannabis, possession of narcotic paraphernalia, [Possession of cannabis not more than 20 grams] Volusia County, Florida Date of offense 2/9/2009 Completed a “Level I” program, charge Nolle Prosequi Trespassing of conveyance [Accused of entering a truck without permission] Volusia County, Florida Date of offense 5/12/2009 In February, 2010, Petitioner pled nolo contendere to the charge referenced in 3c. He has performed 15 of 25 hours of community service imposed by the Court. On October 2, 2009, Respondent denied Petitioner's application for real estate sales associate licensure. The stated reasons listed in the Notice of Intent to Deny are: C. Having engaged in conduct or practices which would have been grounds for revoking or suspending a real estate license. 475.17(1)(a), 475.181, F.S. Convicted or found guilty or entered a plea of nolo contendere to, regardless of adjudication, a crime which directly relates to activities of a licensed broker or sales associate or involves moral turpitude or fraudulent or dishonest dealing. 475.25(1)(f), 475.181, F.S. Applicant has not had sufficient lapse of time, without government supervision, to establish rehabilitation by being crime free. M. The Commission concludes that it would be a breach of its duty to protect the health, safety and welfare of the public to license this applicant and thereby provide him easy access to the homes, families or personal belongings of the citizens of Florida. 455.201, F.S.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent, Department of Business and Professional Regulation, Division of Real Estate, Florida Real Estate Commission, enter a final order denying Petitioner, Darius Jermaine Santiago’s application for licensure. DONE AND ENTERED this 6th day of April, 2010, in Tallahassee, Leon County, Florida. S JEFF B. CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of April, 2010. COPIES FURNISHED: Thomas Barnhart, Esquire Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 Darius Jermaine Santiago 1534 Dunlap Drive Deltona, Florida 32725 Thomas W. O’Bryant Jr., Director Division of Real Estate 400 West Robinson Street, N801 Orlando, Florida 32801 Roger P. Enzor, Chair Real Estate Commission 400 W. Robinson Street, N801 Orlando, Florida 32801 Reginald Dixon, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Should Petitioner, Ariella Rubinger's, application for a real estate sales associate license be granted.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following Findings of Fact are made: Petitioner is an applicant for licensure as a real estate sales associate. Her application was filed on December 5, 2007. Respondent is the state agency responsible for licensing real estate professionals in the State of Florida and has the statutory authority to approve or deny Petitioner's application. On July 25, 2007, the Broward County, Florida Circuit Court, returned a four-count information charging Petitioner with DUI Manslaughter and Vehicular Homicide. The charges are still pending in Broward County. On May 7, 2008, Respondent denied Petitioner's application for real estate sales associate licensure. The stated reasons listed in the Notice of Intent to Deny are "Unpersuasive Testimony" and "Crimes Recent." In addition, it indicates that the "[a]pplicant is currently facing charges of DUI Manslaughter and Vehicular Homicide in the Broward County Circuit Court."
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Ariella Rubinger's, application for licensure be held in abeyance until the prosecution of the crimes pending in Broward County Circuit Court is resolved. DONE AND ENTERED this 22nd day of October, 2008, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 22nd day of October, 2008. COPIES FURNISHED: Thomas Barnhart, Esquire Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399-1050 Kerey Carpenter, Esquire 1551 Sandspur Road Maitland, Florida 32751 S.W. Ellis, Chairman Florida Real Estate Commission Department of Business and Professional Regulation 400 West Robinson Street, Suite 801N Orlando, Florida 32801 Ned Luczynski, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Respondent, Joan B. Cross, is a registered real estate salesperson holding certificate number 0018497. On her application for registration in November, 1972, in answer to question 9 pertaining to having been arrested for or charged with the commission of an offense against the laws of the municipality or state, she answered "yes". She completed the "If yes, state details in full" question with "careless driving, 7-27-69 DWI 1970". Exhibit 2, Certified Copy of Court Record, shows that on May 6, 1965 Respondent was convicted of disorderly conduct and fined $15.00. Exhibit 3 and 4, Certified Records from the Criminal Court of Record, show that on June 9, 1969 Respondent was charged with, and found guilty of, unlawful possession of marijuana and of contributing to the dependency of minors. Adjudication of guilt was withheld and Respondent was placed on probation for 18 months. Testifying in her own defense Respondent acknowledged both offenses. With respect to the disorderly conduct charge, she stated she forgot to include that on her application. Following a lunch birthday party the group retired to a bar and when they became too noisy the police came and took them to the police station. With respect to the charges of possession of marijuana and barbiturates she testified that she was represented by counsel who advised her after the trial that she was not adjudicated and that she could forget the incident. She testified that she understood all record of this incident had been expunged, and that she could forget it. She also testified she didn't fully understand withholding adjudication of guilt. In this regard it is noted that she pleaded guilty to possession of marijuana and nolo contendere to the charge of contributing to the dependency of minors.
