98-003545
Division Of Real Estate vs.
Washington Moises Quinones
Status: Closed
Recommended Order on Tuesday, December 8, 1998.
Recommended Order on Tuesday, December 8, 1998.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8DEPARTMENT OF BUSINESS AND )
13PROFESSIONAL REGULATION, DIVISION }
17OF REAL ESTATE, }
21)
22Petitioner, )
24)
25vs. ) Case No. 98-3545
30)
31WASHINGTON MOISES QUINONES, )
35)
36Respondent. )
38___________________________________)
39RECOMMENDED ORDER
41Pursuant to notice, a formal hearing was held in this case
52on November 2, 1998, at Sebring, Florida, before Richard A.
62Hixson, a duly designated Administrative Law Judge of the
71Division of Administrative Hearings.
75APPEARANCES
76For Petitioner: Ghunise Coaxum, Senior Attorney
82Department of Business and
86Professional Regulation
88400 West Robinson Street, Suite N-308
94Orlando, Florida 32801
97For Respondent: No Appearance
101STATEMENT OF THE ISSUES
105At issue is whether Respondent's Florida real estate license
114should be disciplined upon charges that: (1) Respondent is
123guilty of fraud, misrepresentation, concealment, false promises,
130false pretenses, dishonest dealing by trick, scheme or device,
139culpable negligence, or breach of trust in any business
148transaction in violation of Section 475.25(1)(b), Florida
155Statutes, as set forth in Count I of the Administrative
165Complaint; and (2) Respondent is guilty of having had a
175registration suspended, revoked, or otherwise acted against in
183any jurisdiction in violation of Section 475.225(1)(s), Florida
191Statutes, as set forth in Count II of the Administrative
201Complaint.
202PRELIMINARY STATEMENT
204On or about May 20, 1998, Petitioner filed a two-count
214Administrative Complaint against Respondent alleging that
220Respondent violated Section 475.25(1)(b), Florida Statutes, and
227Section 475.25(1)(s), Florida Statutes. Respondent disputed the
234allegations of fact and requested a formal hearing pursuant to
244120.57(1), Florida Statutes. A formal hearing was held on
253November 2, 1998, in accordance with 120.57(1), Florida Statutes.
262At the hearing, Petitioner's counsel and representative
269appeared. Petitioner's exhibits numbered one through two were
277admitted into evidence.
280Respondent did not appear at hearing. Respondent submitted
288no request for continuance, and did not contact the Division of
299Administrative Hearings to explain his failure to attend the
308hearing. Several attempts were made by Petitioner's counsel and
317the Administrative Law Judge to contact Respondent, to no avail,
327which information was placed on the record.
334On November 16, 1998, Petitioner filed a Proposed
342Recommended Order. Respondent filed no pleadings subsequent to
350hearing. Upon consideration, the following Findings of Fact and
359Conclusions of Law are determined.
364FINDINGS OF FACT
3671. Petitioner is the state licensing and regulatory agency
376charged with the responsibility and duty to prosecute
384administrative complaints pursuant to Chapters 455, and 475,
392Florida Statutes.
3942. Respondent, Washington Moises Quinones, is and was at
403all times material to the Administrative Complaint a licensed
412Florida real estate salesperson, issued license number 0650737 in
421accordance with Chapter 475, Florida Statutes.
4273. Respondent, Washington Moises Quinones, was also a
435member of the Florida Bar.
4404. On or about August 29, 1997, the Florida Bar petitioned
451the Florida Supreme Court for an emergency suspension of
460Respondent's bar license.
4635. The petition filed with the Florida Supreme Court
472reflects that Respondent's "trust records reveal losses which
480approximate $350,000.00."
4836. On or about September 11, 1997, the Florida Supreme
493Court granted the petition for emergency suspension of
501Respondent's bar license, and suspended Respondent from the
509practice of law for the reasons set forth in the Petition.
520CONCLUSIONS OF LAW
5237. The Division of Administrative Hearings has jurisdiction
531over the parties and the subject matter pursuant to Chapter 120,
542Florida Statutes, and Rule 28-106.106, Florida Administrative
549Code.
5508. Petitioner's authority to discipline Respondent's real
557estate license is derived from Chapter 475, Florida Statutes.
5669. Petitioner has the burden of proof as to the allegations
577contained in the administrative complaint. Balino v. Department
585of Health and Rehabilitative Services , 348 So. 2d 349 (Fla. 1st
596DCA 1977). In license disciplinary proceedings, the burden of
605proof is by clear and convincing evidence. Ferris v. Turlington ,
615510 So. 2d 292 (Fla. 1987); Dept. of Banking & Finance v. Osborne
628Stern, Co. , 670 So. 2d 932 (Fla. 1996).
63610. A real estate license may be disciplined in Florida if
647the licensee is "guilty of fraud, misrepresentation, concealment,
655false promises, false pretenses, dishonest dealing by trick,
663scheme or device, culpable negligence, or breach of trust in any
674business transaction." Section 475.25(1)(b), Florida Statutes.
68011. A real estate license may be disciplined in Florida if
691the licensee "had a registration suspended, revoked, or otherwise
700acted against in any jurisdiction. The record of the
709disciplinary action certified or authenticated in such form as to
719be admissible in evidence under the laws of the state shall be
731admissible as prima facie evidence of such disciplinary action."
740Section 475.25(1)(s), Florida Statutes.
74412. Petitioner has proved by clear and convincing evidence
753that Respondent is guilty of fraud, misrepresentation,
760concealment, false promises, false pretenses, dishonest dealing
767by trick, scheme or device, culpable negligence, or breach of
777trust in any business transaction in violation of Section
786475.25(1)(b), Florida Statutes, as alleged in Count I of the
796Administrative Complaint.
79813. Petitioner has proved by clear and convincing evidence
807that Respondent is guilty of having had a registration suspended,
817revoked, or otherwise acted against in any jurisdiction in
826violation of Section 475.25(1)(s), Florida Statutes.
83214. The discipline which may be imposed against a real
842estate licensee may include: revocation, suspension for a period
851not exceeding ten years, imposition of an administrative fine not
861to exceed $1,000 for each count or separate offense, a reprimand,
873probation, and any or all of the foregoing. Section 475.25(1),
883Florida Statutes.
885RECOMMENDATION
886Based on the foregoing Findings of Fact and Conclusions of
896Law, it is
899RECOMMENDED that Respondent be found guilty of violation
907Section 475.25(1)(b), Florida Statutes, and 475.25(1)(s), Florida
914Statutes, as charged in the Administrative Complaint, and that
923Respondent's real estate license be revoked in accordance with
932Section 475.25(1), Florida Statutes.
936DONE AND ENTERED this 8th day of December, 1998, in
946Tallahassee, Leon County, Florida.
950___________________________________
951RICHARD A. HIXSON
954Administrative Law Judge
957Division of Administrative Hearings
961The DeSoto Building
9641230 Apalachee Parkway
967Tallahassee, Florida 32399-3060
970(850) 488-9675 SUNCOM 278-9675
974Fax Filing (850) 921-6847
978Filed with the Clerk of the
984Division of Administrative Hearings
988this 8th day of December, 1998.
994COPIES FURNISHED:
996Ghunise Coaxum, Senior Attorney
1000Department of Business and
1004Professional Regulation
1006400 West Robinson Street, Suite N-308
1012Orlando, Florida 32801
1015Washington Moises Quinones
10185119 Agora Street
1021Sebring, Florida 33872
1024James Kimbler, Acting Division Director
1029Division of Real Estate
1033Department of Business and
1037Professional Regulation
1039Post Office Box 1900
1043Orlando, Florida 32802-1900
1046Lynda L. Goodgame, General Counsel
1051Department of Business and
1055Professional Regulation
10571940 North Monroe Street
1061Tallahassee, Florida 32399-0792
1064NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
1070All parties have the right to submit written exceptions within 15
1081days from the date of this Recommended Order. Any exceptions to
1092this Recommended Order should be filed with the agency that will
1103issue the Final Order in this case.
- Date
- Proceedings
- Date: 03/23/1999
- Proceedings: Final Order filed.
- Date: 11/16/1998
- Proceedings: (Petitioner) Proposed Recommended Order (filed via facsimile).
- Date: 11/02/1998
- Proceedings: CASE STATUS: Hearing Held.
- Date: 09/09/1998
- Proceedings: Notice of Hearing sent out. (hearing set for 11/2/98; 1:00pm; Sebring)
- Date: 08/24/1998
- Proceedings: Joint Response to Initial Order (filed via facsimile).
- Date: 08/11/1998
- Proceedings: Initial Order issued.
- Date: 08/05/1998
- Proceedings: Agency Referral letter; Administrative Complaint; Request for Formal Hearing, Letter Form (exhibits) filed.