Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent be found guilty as charged in the administrative complaint, and that his real estate salesman license be REVOKED. DONE and ORDERED this 27th day of January, 1986, in Tallahassee, Florida. DONALD R. ALEXANDER, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of January, 1986. COPIES FURNISHED: Susan J. Hartmann, Esquire P. O. Box 1900 Orlando, Florida 32802 Mr. Dennis R. Bell FCI, ECU-2 P. O. Box 2000 Lexington, Kentucky 40511 Salvatore Carpino, Esquire 130 N. Monroe St. Tallahassee, Florida 32301 Mr. Harold R. Huff, Director Division of Real Estate 400 West Robinson St. Orlando, Florida 32801
The Issue The issues to be resolved in this proceeding are whether the Respondent has committed the violations alleged in the Administrative Complaint and, if so, whether any disciplinary action against his licensure status is warranted.
Findings Of Fact Based on the evidence received at the hearing, I make the following findings of fact: At all times material herein, Respondent was a licensed real estate salesman having been issued license number 00335420. The last license issued was as a salesman, c/o Ancla Realty, Inc., 292 Aragon, Coral Gables, Florida 33134. Respondent, on or about January 24, 1983, in Dade County, Florida, did unlawfully obtain or use, or did endeavor to obtain or use the property of another, Steffi Downs or Joann Downs, being a lamp, with the intent to deprive that person of the right to the property or of a benefit therefrom, or to appropriate the property to his own use or to the use of any person not entitled thereto, in violation of Subsection 812.014 (1) and (2)(c), Florida Statutes. As a result thereof, an information alleging petit theft was filed against the Respondent on March 1, 1983. Respondent entered a plea of nolo contendere to the information and by order of April 22, 1983, Respondent was found guilty of petit theft, adjudication was withheld, Respondent was placed on six months probation and was assessed $100.00 court costs.
Recommendation On the basis of the foregoing Findings of Fact and Conclusions of Law it is Recommended that a Final Order be entered which would: Dismiss Count I of the Administrative Complaint; Find the Respondent guilty of the violation charged in Count II of the Administrative Complaint; and Revoke the Respondent's license, without prejudice to his reapplication for licensure upon a showing of rehabilitation. DONE and ORDERED this 24th day of July, 1984, in Tallahassee, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of July, 1984. COPIES FURNISHED: Fred Langford, Esquire Department of Professional Regulation 400 West Robinson Street Orlando, Florida 32801 Mr. Eddie Garcia 1260 N. W. 124th Street North Miami, Florida 33167 Harold Huff, Director Division of Real Estate Department of Professional Regulation 400 West Robinson Street Orlando Florida 32801
Findings Of Fact The Petitioner made application for licensure as a Florida real estate salesman on November 20, 1990. His application was received by the Respondent on December 12, 1990. The Respondent advised the Petitioner by letter dated February 28, 1991 of its denial of the Petitioner's application on February 20, 1991 and of the Petitioner's right to a hearing pursuant to Chapter 120, Florida Statutes. The Petitioner filed a timely request for a formal hearing. The denial of the Respondent's application for licensure was based upon the Petitioner's answers to Question Nos. 7 and 15 on the application. Question No. 7 stated: "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?" The Petitioner answered "yes" to Question No. 7 and gave the following details: On June 26, 1986 I pleaded guilty to one count of sale or delivery of dilaudid, a second degree felony, and was sentenced to four (4) months in jail with a reduced sentence at 73 days with no probation. Question No. 15 stated: Has any license, registration or permit to practice any regulated profession, occupation or vocation been revoked, annulled or suspended in this or any other state, province, district, territory, possession or nation, upon grounds of fraudulent or dishonest dealing or violations of law, or is any proceeding now pending? Have you ever resigned or withdrawn from, or surrendered, any license, registration or permit to practice any regulated profession, occupation or vocation while such charges were pending? The Petitioner answered "no" to both parts of Question No. 15. On November 16, 1985, the Petitioner was arrested and subsequently plead guilty to selling Dilaudid, a controlled substance. The court sentenced the Petitioner to spend time in a halfway house and pay a $5,000.00 fine. The parties stipulated that this was a felony conviction. The Petitioner had been previously licensed as a Florida real estate salesman and upon his conviction, had notified the Respondent, as required by law. After notification of the Petitioner's conviction, the Respondent instituted an administrative complaint against the Petitioner to revoke his Florida real estate license. On February 18, 1987, the Respondent entered its Final Order revoking the Petitioner's license because of his conviction of a felony. The Petitioner explained that he incorrectly answered Question No. 15 by mistake and without the intent to mislead the Respondent. The Petitioner pointed out that he had originally notified the Respondent of his conviction and had revealed his conviction in his answer to Question No. 7 on the application. The Petitioner introduced letters from friends and associates that he was a person of good character, who was fully rehabilitated. The Petitioner stated that he had been a drug salesman and that he had been approached by a woman whom he knew and who asked him to provide Dilaudid to her for a relative who was dying of cancer. The Petitioner provided the woman with the Dilaudid; she paid him a token amount of money "for his trouble"; and the Petitioner was arrested in a "sting" operation in which the woman was participating. The court sentenced the Petitioner to four (4) months in a halfway house and no probation. The Petitioner appeared contrite and rehabilitated. He possesses the good character necessary for licensure as a Florida real estate salesman.
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 the Petitioner should be re-licensed as a Florida real estate salesman. DONE AND ENTERED this 18th day of October, 1991, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 18th day of October, 1991. COPIES FURNISHED: Darlene Keller, Division Director Division of Real Estate P.O. Box 1900 Orlando, FL 32802-1900 Jack McRay, Esq. General Counsel Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, FL 32399-0792 Larry F. Bryant 4402 Travelers Road Jacksonville, FL 32210 Joselyn M. Price, Esq. Department of Legal Affairs 400 West Robinson Street Suite 107 South Orlando, FL 32801
Findings Of Fact Petitioner is a state governmental licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints filed pursuant to the laws of Florida, in particular, Section 20.30, Florida Statutes, Chapters 120, 455, and 475, Florida Statutes and the rules promulgated pursuant thereto. (Official recognition taken of Section 20.30, Chapters 120, 455, and 475, Florida Statutes). Respondent is now, and was at all times material hereto, a licensed real estate salesman in Florida having been issued license No. 0199126 in accordance with Chapter 475, Florida Statutes. The last license issued Respondent was as a non-active salesman with a home address of 6312 Balboa Lane, Apollo Beach, Florida 33570. During times material, Respondent was the owner and sole stockholder of Computer Real Estate Sales, Inc. During times material, Respondent was a licensed real estate salesman in association with Computer Real Estate Sales, Inc. located at 600 West Jefferson Street, Brooksville, Florida 33512. During early March, 1986, Respondent caused to be ordered a termite treatment to be performed in March, 1986 on property owned by Richard E. Atkinson (Atkinson) located at 21476 Chadfield Street in Brooksville. The subject property treated for termites was being managed by Respondent through his company, Computer Real Estate, Inc. Respondent was previously the owner of that property as well as four other rental properties that he sold to Atkinson. Respondent caused the property management account of Atkinson to be debited by the sum of $380.00 to pay for the termite treatment performed by Bray's Pest Control (Bray's). (Petitioner's Exhibit 3). Respondent failed to pay the $380.00 to Bray's for the termite treatment nor did he later credit Atkinson's property management account when he failed to pay Bray's for the termite treatment. To collect payment for the termite treatment, Bray's was forced to file a civil complaint against Respondent in county court, Hernando County. On February 25, 1987, a final judgment was entered against Respondent in the amount of $391.40 plus costs of $36.00 and interest computed at the rate of 12% from March, 1986 until paid. (Petitioner's Exhibits 4 and 5). Subsequent to entry of the judgment and despite Bray's efforts to collect the award, Respondent failed and refused to satisfy the final judgment until an initial payment was made on March 5, 1989 and the balance due was paid on July 13, 1989. Respondent's contention at hearing that he was simply stockholder and not liable for the obligations of Computer Real Estate Sales, Inc., was rejected based on a review of pleadings filed which indicated that he was sole stockholder during times material and that several contractors relied upon his representation, as owner of Computer Real Estate Services, Inc., to make payments for debts and obligations incurred by that company.
Recommendation Based on the foregoing findings of fact and conclusion of law, it is RECOMMENDED: The Petitioner enter a final order imposing an administrative fine against Respondent in the amount of $1,000.00 payable to the Florida Real Estate Commission within 30 days of the entry of the final order herein or Respondent's real estate license shall be revoked. In the event that Respondent pays the above referred $1,000.00 fine to Petitioner within 30 days of entry of the final order herein, Respondent's real estate license No. 019916 be placed on probation for a period of (1) one year. 2/ DONE and ENTERED this 5th day of December, 1989, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of December, 1989.
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: Petitioner David F. Goodman was previously licensed as a real estate salesman in Florida from 1980 to 1986. On March 5, 1986, an Administrative Complaint was filed against him seeking disciplinary action on the grounds that he had been found guilty of a felony involving moral turpitude and had also failed to notify or inform the Florida Real Estate Commission of the guilty plea or of the conviction. In response to the Administrative Complaint, the petitioner voluntarily surrendered his license as a real estate salesman and entered a written agreement that his license would be revoked. In the "affidavit for the voluntary surrender of license for revocation," petitioner agreed that ". . . I will not apply for nor otherwise seek any real estate license or permit in the State of Florida for a period of not less than ten (10) years from the effective date of the revocation." By Final Order filed on May 29, 1986, the Florida Real Estate Commission revoked petitioner's license effective May 20, 1986. Petitioner filed his current application for licensure as a real estate salesman on or about September 17, 1987. In responding to question 6 of the application, which inquired if the applicant had ever been convicted of a crime, found guilty or entered a plea of guilty or nolo contendere, petitioner stated: "Arrested 10-12-84 Conspiracy to traffic cocaine-Sentenced Feb. 25, 1986 to 4 years Federal Court. Docket #84-205-CR-T-10. Sentence 2 yrs. suspended 5 yr. Probation (Case 84-09340-CF(ICT) VFCDAPCA-Voluntarly (sic) surrendered real estate license (Case No. 0151698) Dept. of Prof. Reg. -Final Order filed by FREC 5-29-86." Petitioner also disclosed that his former real estate license had been surrendered and revoked. The petitioner admits that he pleaded and was found guilty by the United States District Court for the Middle District of Florida of the felony offense of having knowingly and intentionally combined, conspired, confederated and agreed with various other persons to possess with intent to distribute a quantity of cocaine, a Schedule II, narcotic controlled substance. For this offense, petitioner was sentenced by the federal court to two years imprisonment, but the imposition of sentence was suspended and petitioner was placed on probation for a period of five years. The probationary period will terminate in April of 1990. The petitioner further testified that he was also found guilty and convicted in state court for the same crime. He was sentenced to four years in state prison, and served eighteen months of that sentence before being released. He has been out of the state prison for approximately nine months. Petitioner admits his guilt regarding the federal and state cocaine charges, states that he learned and was humbled by that experience and states that he now wishes to reenter the real estate profession which he loves in order to provide for his family. The petitioner did not present any other witnesses or documentary evidence.
Recommendation Based upon the findings of fact and conclusions of law recited herein, it is RECOMMENDED that the application of David F. Goodman for licensure as a real estate salesman in Florida be DENIED. Respectfully submitted and entered this 23rd day of May, 1988, in Tallahassee, Florida. DIANE D. TREMOR 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 23rd day of May, 1988. COPIES FURNISHED: Douglas F. Goodman 1100 Boca Ciega Isle St. Petersburg Beach, Florida 33706 Manuel E. Oliver, Esquire Assistant Attorney General Suite 212 400 West Robinson Street Orlando, Florida 32801 Darlene F. Keller Acting Executive Director DPR, Division of Real Estate Post Office Box 1900 Orlando, Florida 32801
Findings Of Fact Petitioner, Mike Somogyi, filed an application for registration as a real estate salesman with the Respondent, Board of Real Estate, on or about April 16, 1980. By Order dated June 23, 1980, Respondent denied Petitioner's application because Petitioner had not made it appear to the Board that he was honest, truthful, trustworthy, and of good character as required by Section 475.17, Florida Statutes. Respondent based its denial on Petitioner's arrest in 1980 for possession of controlled substances, i.e., marijuana, quaaludes and narcotic equipment. A five count information was filed against Petitioner on March 4, 1980, in Martin County. Petitioner entered a not guilty plea and was subsequently approved for the Pretrial Intervention Program. Petitioner's required involvement with the program will expire on January 15 1981, and if the program is successfully completed, all charges pending against Petitioner will be dismissed. Respondent further relied upon Petitioner's arrest on September 1, 1976, in Dade County, Florida, for resisting arrest. However, that charge was dismissed in October, 1976. Petitioner has no other record of arrests or convictions.
Findings Of Fact Respondent is a licensed real estate salesman having been issued license number 0200291. He was licensed as a real estate salesman in the employ of broker John Wesley Bridwell at all times material to these proceedings. In early 1982, Respondent came into possession of bank checks totaling $1,275 belonging to his employing broker John Bridwell and which appeared to carry the signature of Bridwell as payor. Respondent deposited these checks in various bank accounts opened and maintained by Respondent. Respondent knew the checks were stolen at the time be deposited the checks into his bank accounts. On August 11, 1982, Respondent was arrested by the Seminole County Sheriff's Department, Sanford, Florida, on the charge of depositing stolen checks with intent to defraud. Respondent confessed to this charge, and on April 15, 1983, adjudication was withheld in the Circuit Court, Seminoles County, Florida, Case No. 32-1250 CFA. Respondent was sentenced to thirty days confinement followed by ten weekends of confinement in the Seminole County Jail, ordered to make restitution of the $1,275, pay fines exceeding $1,500, and perform 200 hours of community service work.
Recommendation From the foregoing, it is RECOMMENDED: That Petitioner enter a Final Order finding Respondent guilty as charged in the three counts of the Administrative Complaint, and revoking his real estate license. DONE and ENTERED this 18th day of January, 1984, in Tallahassee, Florida. R. T. CARPENTER 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 18th day of January, 1984. COPIES FURNISHED: Frederick H. Wilson, Esquire Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Brian D. Rist 3181 Harbado's Ct. Apopka, Florida 32803 Harold Huff, Director Division of Real Estate Department of Professional Regulation Post Office Box 1900 Orlando, Florida 32802 Fred M. Roche, Secretary Department of professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
The Issue Whether the Respondent is guilty of the violations alleged in the Administrative Complaint filed by the Petitioner and, if so, whether Respondent's real estate license should be suspended, revoked, or otherwise disciplined.
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 is a state government licensing and regulatory agency with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida, in particular Section 20.165, Florida Statutes; Chapters 120, 455, and 475, Florida Statutes; and the rules adopted pursuant thereto. At all times pertinent to this proceeding, Respondent Jared A. White T/A Jerry White Realty was a licensed real estate broker, having been issued license number 0187087 pursuant to Chapter 475, Florida Statutes. The last license issued to Respondent was as a broker with an address of 231 Skiff Pt. 7, Clearwater, Florida 34630. TITLE TO THE PROPERTY The matters at issue began with Respondent's retention as a real estate broker to bid at a foreclosure auction for a beachfront house and lot at 235 Howard Drive in Belleair Beach, Pinellas County, Florida. Respondent was hired to submit the bid on behalf of Dr. Moshe Kedan and/or his wife, Ella Kedan. Prior to the auction on August 17, 1995, Respondent had no contact with the Kedans. Kathy MacKinnon of Viewpoint International Realty in Clearwater was Respondent’s point of contact with the Kedans. It was Ms. MacKinnon who obtained Respondent's services to bid on behalf of the Kedans, and Ms. MacKinnon who negotiated with Dr. Kedan as to the financial arrangements for both the bid and any ensuing commissions for Respondent. Neither Ms. MacKinnon nor Dr. Kedan was called as a witness in this case. Respondent attended the foreclosure auction and tendered the winning bid on the property. Respondent bid in his own name. Respondent testified that he had bid at several similar sales in the past, and his practice was to bid in the name of the person who would hold title to the property. Respondent did not follow his usual practice here because Ms. MacKinnon failed to instruct him as to whether the property would be titled in the name of Dr. Kedan, Mrs. Kedan, or one of their corporations. Ms. MacKinnon told Respondent she would know on August 18 how the property was to be titled. Respondent's testimony regarding the initial titling of the property is supported by a handwritten note faxed by Ms. MacKinnon to Dr. Kedan on August 17, shortly after the auction. Ms. MacKinnon's note provides instructions regarding payment of the purchase price, indicating that the money must be submitted to the Clerk of the Court no later than 10:30 a.m. on the morning of August 18. The note specifically asks, "Also, whose name do you want the house in?" Respondent testified that on August 18, he went to Atlanta on business, with the understanding that Ms. MacKinnon would handle the payments to the Clerk of the Court and the titling of the property on that date. This testimony is consistent with the handwritten note in which Ms. MacKinnon indicates that she will take the Kedans' checks to the court. The record evidence shows that the payments were made to the Clerk of the Court and that title insurance on the property was timely issued. However, the title and the title insurance policy listed Respondent as owner of the property. Respondent was unaware the property had been titled in his name until he received the certificate of title in the mail, approximately two weeks after the auction. Upon receiving the incorrect certificate of title, he went to the title company and signed a quitclaim deed, effective August 17, 1995, in favor of Ella Kedan. Respondent testified that he had learned from Ms. MacKinnon that the property would be titled in Ella Kedan’s name at sometime during the two-week period after the auction. The quitclaim deed was not notarized until October 9, 1995, and was not recorded until October 10, 1995. However, the face of the deed states that it was made on August 17, 1995. It is plain that the signature line of the notary statement on the quitclaim deed has been altered from August 17, 1995 to October 9, 1995. Respondent had no knowledge of how the quitclaim deed came to be altered. Respondent also had no clear recollection as to why he dated the quitclaim deed August 17, 1995, in light of his testimony that he signed it approximately two weeks after that date. A reasonable inference is that Respondent so dated the quitclaim deed to clarify that Mrs. Kedan's ownership of the property commenced on August 17, the date on which Respondent submitted the winning bid. Respondent also had no knowledge of why the title company failed to record the quitclaim deed at the time he signed it. He testified that on or about October 9, 1995, he checked the Pinellas County computer tax records and discovered that he was still the owner of record. At that time, he returned to the title company to make sure the quitclaim deed was recorded the next day. Petitioner offered no testimonial evidence regarding the events surrounding the titling of the property. Respondent's uncontradicted testimony is credible, consistent with the documentary evidence, and thus credited as an accurate and truthful statement of the events in question. THE CONTRACT FOR REPAIRS Shortly after the auction, Respondent began discussing with Dr. Kedan the possibility of Respondent’s performing repairs on the just-purchased property. Because Dr. Kedan did not testify in this proceeding, findings as to the substance of the negotiations between Respondent and Dr. Kedan must be based on the testimony of Respondent, to the extent that testimony is credible and consistent with the documentary evidence. Respondent testified that Ms. MacKinnon approached him after the auction and asked him if he would be interested in fixing up the house for the Kedans. Respondent testified that he was agreeable to contracting for the work because his carpenter was between jobs and could use the money. Respondent thus met with Dr. Kedan at the doctor’s office to discuss the repairs. Dr. Kedan explained to Respondent that his ultimate plan was to demolish the existing house on the property and to build a more elaborate residence. Dr. Kedan wanted to rent out the house for five years before tearing it down, and wanted Respondent to affect such repairs as would make the house rentable for that five-year period. Respondent testified that Dr. Kedan expressly told him he did not want to spend a lot of money on the repairs. Respondent quoted Dr. Kedan a price of $20,000.00, which was the price it would take to pay for the repairs, with no profit built in for Respondent. Respondent testified that he sought no profit on this job. He had made a substantial commission on the purchase of the property, and anticipated doing business with Dr. Kedan in the future, and thus agreed to perform this particular job more or less as a “favor” to Dr. Kedan. After this meeting with Dr. Kedan, Respondent walked through the house with Irene Eastwood, the Kedans’ property manager. Ms. Eastwood testified that she and Respondent went from room to room, and she made notes on what should be done, with Respondent either concurring or disagreeing. Ms. Eastwood typed the notes into the form of a contract and presented it to Respondent the next day. On September 21, 1995, Respondent signed the contract as drafted by Ms. Eastwood. There was conflicting testimony as to whether Respondent represented himself as a licensed contractor in the negotiations preceding the contract. Respondent testified that he never told Dr. Kedan that he was a contractor, and that he affirmatively told Ms. Eastwood that he was not a contractor. Ms. Eastwood testified that she assumed Respondent was a licensed contractor because Dr. Kedan would not have hired a nonlicensed person to perform the contracted work. She denied that Respondent ever told her that he was not a licensed contractor. The weight of the evidence supports Respondent to the extent it is accepted that Respondent never expressly represented himself as a licensed contractor to either Dr. Kedan or Ms. Eastwood. However, the weight of the evidence does not support Respondent’s claim that he expressly told either Dr. Kedan or Ms. Eastwood that he was not a licensed contractor. Respondent’s subcontractors commenced work immediately upon the signing of the contract. Ms. Eastwood was in charge of working with Respondent to remodel the house, and she visited the site every day, often two or three times. She only saw Respondent on the site once during the last week of September, and not at all during the month of October. She did observe painters and a maintenance man regularly at work on the property during this period. Respondent concurred that he was seldom on the property, but testified that this was pursuant to his agreement with Dr. Kedan that he would generally oversee the work on the property. Respondent testified that he was on the property as often as he felt necessary to perform his oversight duties. Ms. Eastwood testified as to her general dissatisfaction with the quality of the work that was being performed on the property and the qualifications of those performing the work. She conveyed those concerns to the Kedans. Respondent testified that he did not initially obtain any permits to perform the work on the house, believing that permits would not be necessary for the job. On or about October 11, 1995, officials from the City of Belleair Beach shut down Respondent’s job on the Kedans’ property for lack of a construction permit. Respondent made inquiries with the City as to how to obtain the needed permit. City officials told Respondent that a permit could be granted to either a licensed contractor, or to the owner of the property if such property is not for sale or lease. Respondent checked the City’s records and discovered that, despite the fact that he had signed a quitclaim deed on August 17, he was still shown as the owner of the property. Respondent then proceeded to sign a permit application as the homeowner, and obtained a construction permit on October 11, 1995. Respondent testified that because the City’s records showed him as the record owner of the property, he committed no fraud in obtaining a construction permit as the homeowner. This testimony cannot be credited. Whatever the City’s records showed on October 11, 1995, Respondent well knew he was not the true owner of this property. Respondent cannot be credited both with having taken good faith steps to correct the mistaken titling of the property and with later obtaining in good faith a construction permit as the record owner of the property. Respondent testified that in obtaining the construction permit under false pretenses, his main concern was to keep the job going and to finish it in a timely fashion. He testified that there was no financial advantage to him in having the property in his name: he was making no profit on the job, and actually lost money because he had to pay for another title policy in the name of the Kedans. While there may have been no immediate financial advantage to Respondent, he was clearly motivated by the prospect of future profits in projects with Dr. Kedan. The City’s closing down this project jeopardized Respondent’s anticipated continuing relationship with Dr. Kedan, and Respondent took the improper step of obtaining a construction permit as the property owner to maintain that relationship. The Kedans ultimately dismissed Respondent from the job. A claim of lien was filed against the property by the painter hired by Respondent, and the cabinet maker sent the Kedans a lawyer’s letter threatening to file a claim of lien. Mrs. Kedan testified that she paid off both the painter and the cabinetmaker in full. Ms. Eastwood estimated that the Kedans ultimately had to pay an additional $20,000 to $50,000 to complete the repairs to the house, some of which included correctional actions for the improper repairs performed by Respondent’s workers. ALLEGED PRIOR DISCIPLINE Respondent has been the subject of a prior disciplinary proceeding by the Florida Real Estate Commission. In that prior proceeding, the Division of Real Estate's Administrative Complaint alleged that Respondent was guilty of violating Sections 475.25(1)(b) and (1)(k), Florida Statutes. On September 25, 1995, Respondent and the Division of Real Estate entered into a Stipulation disposing of the Administrative Complaint. Under the terms of the Stipulation, Respondent agreed to pay a fine of $1,000, and be subject to one year of probation, during which he would complete 30 hours of post-license education for brokers. The Stipulation expressly stated that Respondent neither admitted nor denied the allegations contained in the Administrative Complaint. The Florida Real Estate Commission entered a Final Order approving the Stipulation on November 14, 1995. Respondent's broker license was suspended by the Florida Real Estate Commission on January 24, 1996. The cause for this suspension was Respondent's failure timely to pay the $1,000 fine imposed by the Stipulation. Respondent paid the fine on February 19, 1996, and late renewed his license on April 24, 1997. In the instant proceeding, Respondent testified that by entering into the Stipulation, he had no intention of pleading guilty to any of the allegations, and that he would never have entered into the Stipulation had he known it would be construed in any way as a guilty plea.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is recommended that the Florida Real Estate Commission enter a final order dismissing Counts One and Three of the administrative complaint, and finding Respondent guilty of violating Section 475.25(1)(b), Florida Statutes, as alleged in Count Two of the administrative complaint, and suspending Respondent’s real estate license for a period of three years and fining Respondent a sum of $1,000. RECOMMENDED this 11th day of March, 1998, 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 Filed with the Clerk of the Division of Administrative Hearings this 11th day of March, 1998. COPIES FURNISHED: Geoffrey T. Kirk, Esquire Department of Business and Professional Regulation Division of Real Estate 400 West Robinson Street, N-308 Post Office Box 1900 Orlando, Florida 32802-1900 John Bozmoski, Jr., Esquire 600 Bypass Drive, Suite 215 Clearwater, Florida 34624-5075 Jared White White Realty 231 Skiff Point, Suite Seven Clearwater, Florida 34630 Henry M. Solares Division Director 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802-1900
Findings Of Fact The Respondent, Charles L. White, is registered with the Real Estate Commission as a Real Estate Salesman. Copies of the Administrative Complaint filed by the Commission against the Respondent were forwarded to the Respondent at the address he most recently provided the Commission. Copies of the Complaint were returned to the Commission, and copies of the Notice of Hearing forwarded to the Respondent have likewise been returned. Efforts to locate the Respondent have been unsuccessful. A forty-count indictment was issued by the Grand Jury of the United States District Court in the Middle District of Florida, Tampa Division, against the Respondent, Charles L. White, and five other persons. On February 5, 1977, a jury found the Respondent guilty of all counts of the indictment in which he was charged. On June 3, 1977, he was adjudicated guilty, and sentenced to serve eighteen months in the Federal Penitentiary, execution of the sentence being suspended, and the Respondent being placed on probation for a period of two years. The crimes of which the Respondent was convicted involve dishonest dealing in connection with real estate transactions, and include fraud, fraudulent use of the mail, and conspiracy to commit violations of Federal law.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, hereby, RECOMMENDED: That a final order be entered finding the Respondent guilty of the charges alleged in the Administrative Complaint, and suspending the Respondent's registration as a real estate salesman for a period of two years. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 2nd day of June 1978. G. STEVEN PFEIFFER Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Kenneth M. Meer, Esquire Florida Real Estate Commission 400 West Robinson Street Orlando, Florida 32801 Mr. Charles L. White D-30 Sierra Apartments Stuart, Florida 33494 Mr. Charles L. White c/o County Realty & Investments Stuart, Florida 33494
Findings Of Fact Carl D. Hill, Petitioner, applied for licensure to the Florida Real Estate Commission, Respondent, on or about October 19, 1983, and subsequently received a letter of denial dated December 6, 1983. The denial was based upon Sections 475.17(1) and 475.25, F.S., and specifically cited Petitioner's prior arrest in 1980 and criminal record. By Order of the Circuit Court dated June 12, 1984, the record of Petitioner's prior arrest and plea of guilty was expunged and sealed. Petitioner had originally been placed on probation for five years, but that probation was terminated early for good behavior after three years, on or about April 16, 1984. Petitioner has not been arrested for any offense since 1980, and has at all times been employed. His reputation in the community is very good. Petitioner is currently co-owner of Interstate Mobile Homes and handles sales, service and set-up of mobile homes. His partner is a licensed real estate broker who also operates Sun American Realty in the same building. There is no evidence in the record which would indicate that Petitioner has at any time engaged in activities which would require a real estate salesman's license. All such activities are handled by his partner and co-owner who is licensed as a real estate broker. Petitioner held a real estate salesman's license from November 1981 until January 18, 1983. Petitioner's previous license was revoked pursuant to Section 475.25(1)(m), F.S., but he was not precluded from reapplying for reinstatement.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is recommended that Petitioner's application for licensure as a real estate salesperson be APPROVED. DONE and ORDERED this 26th day of February, 1985, at Tallahassee, Florida. DONALD D. CONN 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 26th day of February, 1985. COPIES FURNISHED: Jack W. Crooks, Esquire Crooks, Vetter, Cuellar and Blau, P.A. 4202 West Waters Avenue Tampa, Florida 33614 Ralph Armstead, Esquire Assistant Attorney General Suite 212 400 West Robinson Street Orlando, Florida 32801 Harold R. Huff, Director Dept. of Professional Regulation 400 West Robinson Street Orlando, Florida 32801 Fred Roche, Secretary Dept. of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
