98-003545 Division Of Real Estate vs. Washington Moises Quinones Status: Closed Recommended Order on Tuesday, December 8, 1998.

Summary: Evidence of Florida Supreme Court`s suspension of bar license for fraudulent handling of trust accounts was sufficient to support revocation of real estate license.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS AND )

PROFESSIONAL REGULATION, DIVISION }

OF REAL ESTATE, }

)

Petitioner, )

)

vs. ) Case No. 98-3545

)

WASHINGTON MOISES QUINONES, )

)

Respondent. )

___________________________________)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case

on November 2, 1998, at Sebring, Florida, before Richard A.

Hixson, a duly designated Administrative Law Judge of the

Division of Administrative Hearings.

APPEARANCES

For Petitioner: Ghunise Coaxum, Senior Attorney

Department of Business and

Professional Regulation

400 West Robinson Street, Suite N-308

Orlando, Florida 32801

For Respondent: No Appearance

STATEMENT OF THE ISSUES

At issue is whether Respondent's Florida real estate license

should be disciplined upon charges that: (1) Respondent is

guilty of fraud, misrepresentation, concealment, false promises,

false pretenses, dishonest dealing by trick, scheme or device,

culpable negligence, or breach of trust in any business

transaction in violation of Section 475.25(1)(b), Florida

Statutes, as set forth in Count I of the Administrative

Complaint; and (2) Respondent is guilty of having had a

registration suspended, revoked, or otherwise acted against in

any jurisdiction in violation of Section 475.225(1)(s), Florida

Statutes, as set forth in Count II of the Administrative

Complaint.

PRELIMINARY STATEMENT

On or about May 20, 1998, Petitioner filed a two-count

Administrative Complaint against Respondent alleging that

Respondent violated Section 475.25(1)(b), Florida Statutes, and

Section 475.25(1)(s), Florida Statutes. Respondent disputed the

allegations of fact and requested a formal hearing pursuant to

120.57(1), Florida Statutes. A formal hearing was held on

November 2, 1998, in accordance with 120.57(1), Florida Statutes.

At the hearing, Petitioner's counsel and representative

appeared. Petitioner's exhibits numbered one through two were

admitted into evidence.

Respondent did not appear at hearing. Respondent submitted

no request for continuance, and did not contact the Division of

Administrative Hearings to explain his failure to attend the

hearing. Several attempts were made by Petitioner's counsel and

the Administrative Law Judge to contact Respondent, to no avail,

which information was placed on the record.

On November 16, 1998, Petitioner filed a Proposed

Recommended Order. Respondent filed no pleadings subsequent to

hearing. Upon consideration, the following Findings of Fact and

Conclusions of Law are determined.

FINDINGS OF FACT

1. Petitioner is the state licensing and regulatory agency

charged with the responsibility and duty to prosecute

administrative complaints pursuant to Chapters 455, and 475,

Florida Statutes.

2. Respondent, Washington Moises Quinones, is and was at

all times material to the Administrative Complaint a licensed

Florida real estate salesperson, issued license number 0650737 in

accordance with Chapter 475, Florida Statutes.

3. Respondent, Washington Moises Quinones, was also a

member of the Florida Bar.

4. On or about August 29, 1997, the Florida Bar petitioned

the Florida Supreme Court for an emergency suspension of

Respondent's bar license.

5. The petition filed with the Florida Supreme Court

reflects that Respondent's "trust records reveal losses which

approximate $350,000.00."

6. On or about September 11, 1997, the Florida Supreme

Court granted the petition for emergency suspension of

Respondent's bar license, and suspended Respondent from the

practice of law for the reasons set forth in the Petition.

CONCLUSIONS OF LAW

7. The Division of Administrative Hearings has jurisdiction

over the parties and the subject matter pursuant to Chapter 120,

Florida Statutes, and Rule 28-106.106, Florida Administrative

Code.

8. Petitioner's authority to discipline Respondent's real

estate license is derived from Chapter 475, Florida Statutes.

9. Petitioner has the burden of proof as to the allegations

contained in the administrative complaint. Balino v. Department

of Health and Rehabilitative Services , 348 So. 2d 349 (Fla. 1st

DCA 1977). In license disciplinary proceedings, the burden of

proof is by clear and convincing evidence. Ferris v. Turlington ,

510 So. 2d 292 (Fla. 1987); Dept. of Banking & Finance v. Osborne

Stern, Co. , 670 So. 2d 932 (Fla. 1996).

10. A real estate license may be disciplined in Florida if

the licensee is "guilty of fraud, misrepresentation, concealment,

false promises, false pretenses, dishonest dealing by trick,

scheme or device, culpable negligence, or breach of trust in any

business transaction." Section 475.25(1)(b), Florida Statutes.

11. A real estate license may be disciplined in Florida if

the licensee "had a registration suspended, revoked, or otherwise

acted against in any jurisdiction. The record of the

disciplinary action certified or authenticated in such form as to

be admissible in evidence under the laws of the state shall be

admissible as prima facie evidence of such disciplinary action."

Section 475.25(1)(s), Florida Statutes.

12. Petitioner has proved by clear and convincing evidence

that Respondent is guilty of fraud, misrepresentation,

concealment, false promises, false pretenses, dishonest dealing

by trick, scheme or device, culpable negligence, or breach of

trust in any business transaction in violation of Section

475.25(1)(b), Florida Statutes, as alleged in Count I of the

Administrative Complaint.

13. Petitioner has proved by clear and convincing evidence

that Respondent is guilty of having had a registration suspended,

revoked, or otherwise acted against in any jurisdiction in

violation of Section 475.25(1)(s), Florida Statutes.

14. The discipline which may be imposed against a real

estate licensee may include: revocation, suspension for a period

not exceeding ten years, imposition of an administrative fine not

to exceed $1,000 for each count or separate offense, a reprimand,

probation, and any or all of the foregoing. Section 475.25(1),

Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is

RECOMMENDED that Respondent be found guilty of violation

Section 475.25(1)(b), Florida Statutes, and 475.25(1)(s), Florida

Statutes, as charged in the Administrative Complaint, and that

Respondent's real estate license be revoked in accordance with

Section 475.25(1), Florida Statutes.

DONE AND ENTERED this 8th day of December, 1998, in

Tallahassee, Leon County, Florida.

___________________________________

RICHARD A. HIXSON

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

Filed with the Clerk of the

Division of Administrative Hearings

this 8th day of December, 1998.

COPIES FURNISHED:

Ghunise Coaxum, Senior Attorney

Department of Business and

Professional Regulation

400 West Robinson Street, Suite N-308

Orlando, Florida 32801

Washington Moises Quinones

5119 Agora Street

Sebring, Florida 33872

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

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15

days from the date of this Recommended Order. Any exceptions to

this Recommended Order should be filed with the agency that will

issue the Final Order in this case.