Division of Administrative Hearings, Florida
Latest Update: Dec. 11, 1981
The issues here presented concern disciplinary action by the State of Florida, Department of Professional Regulation, against Alfonso Bach, who allegedly holds a non-active real estate salesman's license. In particular, Count I to that Administrative Complaint alleges that Alfonso Bach was charged by a Grand Jury and by the State Attorney of the Eleventh Judicial Circuit of Florida, in and for the County of Dade, with the offense of conspiring to sell, deliver, or possess with intent to sell or deliver, cocaine, in violation of Section 777.04, Florida Statutes, three counts, and was also charged with having violated the Florida Racketeer Influence and Corrupt Organization Act, in violation of Section 943.462, Florida Statutes. It is further urged that on January 7, 1981, the Respondent pled guilty to Counts 7 and 8 of the charging information and was found guilty by the Circuit Court of the Eleventh Judicial Circuit of Florida, in and for Dade County, of having conspired to sell, deliver or possess with intent to sell, deliver or possess cocaine. In view of these alleged facts, Alfonso Bach is believed by the Petitioner to have been found guilty of a crime against the laws of the State of Florida, and this crime is purportedly a crime involving moral turpitude or fraudulent or dishonest dealing within the meaning of Subsection 475.25(l)(f), Florida Statutes. Count II to the Administrative Complaint reasserts the matters pled in Count I and further alleges that as a result of the conviction set out in Count I, the Respondent was sentenced to serve a prison term of three (3) years, and that the Respondent now is confined in State prison, a violation of Subsection 475.25(l)(m), Florida Statutes.Petitioner failed to prove Respondent had done crime of moral turpitude and his license cannot be disciplined. Dismiss.