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DIVISION OF REAL ESTATE vs. RONNY J. PEPPER, 75-002027 (1975)

Court: Division of Administrative Hearings, Florida Number: 75-002027 Visitors: 23
Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: May 18, 1977
Summary: Respondent convicted of drug conspiracy. He is only support for family and has shown rehabilitation. Recommend revocation unless probation successful.
75-2027.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


FLORIDA REAL ESTATE COMMISSION ) ex rel. ANATOL ARIAN, )

)

Petitioner, )

)

vs. ) CASE NO. 75-2027

)

RONNY J. PEPPER, )

)

Respondent. )

)


RECOMMENDED ORDER


Pursuant to notice, the Division of Administrative Hearings, by its duly designated hearing officer, K. N. Ayers, held a public hearing in the above styled cause on February 10, 1975 at Miami, Florida.


APPEARANCES


For Petitioner: Richard J. Parkinson III, Esquire

2699 Lee Road

Winter Park, Florida 32789


For Respondent: Ronny J. Pepper

1435 Northwest 195th Street Miami, Florida 33119


By Administrative Complaint filed October 8, 1975, the Florida Real Estate Commission ex rel. Anatol Arian seeks to revoke or suspend the license of Ronny

  1. Pepper, Respondent herein, who holds license No. 0068400 on the grounds that he violated s. 475.25(1)(e) Florida Statutes by being convicted of an offense against the United States involving moral turpitude. The offense involved a conspiracy to knowingly and intentionally distribute cocaine. The Real Estate Commission submitted documentary evidence to support the allegation and the Respondent presented three witnesses who testified in his behalf, in addition to his own testimony and a series of letters of recommendation.


    FINDINGS OF FACT


    1. Ronny J. Pepper became a registered real estate salesman on May 4, 1973. He has worked in this occupation since receiving his license. He worked for Lehigh Acres for approximately two years, then with others principally in land sales and development.


    2. On December 30, 1974 Ronny J. Pepper pleaded guilty in the United States District Court for the Southern District of Florida of violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2. He was sentenced to imprisonment for a term of two years and to a special parole term of three years. The purpose of the conspiracy to which he pleaded guilty to was to knowingly and intentionally distribute cocaine.

    3. Following his conviction Respondent was incarcerated at Eglin Air Force Base until a short period after the death of his father. During this period he was a model prisoner.


    4. Upon the death of his father, Ronny J. Pepper was the sole support of his mother and his younger sister. As a result he was released from the correctional institution at Eglin after serving only nine months of his sentence. He was transferred to a half-way house in Miami, Florida where he stayed for three months before being paroled.


    5. Upon his return to Miami be became employed in real estate sales and has continued in that employment until the present time. He is currently employed as a salesman for General Development Company.


    6. Two federal officers testified for Respondent. One, a correctional counsellor attached to the U. S. Bureau of Prisons, had Pepper under his supervision at the half-way house for three months. During this period of time he was a model probationee, honest and reliable, who had recognized the wrong he had committed.


    7. Pepper's probation officer also testified in his behalf. Pepper came under his supervision in December, 1975. Subsequent to that time he has shown a stable employment record, has been trustworthy and reliable, and the probation officer considers Pepper to be an excellent candidate for successfully completing his parole.


    8. Marguerite Pepper, mother of Respondent, suffers from diabetes and high blood pressure. She is unable to work and has no income other than that provided by her son.


    9. Testifying in his own behalf Pepper acknowledged that he had been guilty of the crime of conspiracy. He considers that offense to have been a foolish mistake on his part, and he has learned his lesson. Even at the time of the commission of the offense to which he pleaded guilty he did not anticipate any monetary or financial benefit from his acts. Both prior and subsequent to his sentencing and incarceration Pepper has been employed continuously in real estate sales. He originally worked in electronics for RCA in assembling computers, but thereafter went into sales, first as a jewelry salesman, and then, after obtaining his real estate license, into real estate sales.


    10. At the time of the hearing Pepper still has a probationary period of approximately four years to serve.


      CONCLUSIONS OF LAW


    11. From the foregoing it is concluded that the Respondent is guilty as alleged of a violation of the laws of the United States involving moral turpitude. In addition to the adjudication of guilty that was admitted into evidence as Exhibit 2, Respondent freely admitted his guilt of the offense. This constitutes violation of s. 475.25(1)(e) Florida Statutes and is grounds for revocation of his license.


    12. The offense of which he was found guilty is a serious offense as it involves the distribution of dangerous drugs. It is a felony and involves moral turpitude.

    13. On the other hand this offense does not reflect specifically upon the Respondent's ability to successfully continue in the field of real estate sales. He is the sole support of his mother and sister and his prison term was terminated partially to allow him to provide support for these relatives. His record in prison and his subsequent record since his release have been exemplary. It would appear therefore that there is a good opportunity that Pepper will successfully complete his probationary period and become a constructive and contributing member of society. It is therefore,

      RECOMMENDED that the license of Ronny J. Pepper be revoked. It is further RECOMMENDED that this revocation of the license of Ronny J. Pepper be

      stayed for a probationary period of four years at the expiration of which, unless sooner vacated for good cause, the revocation be set aside and Pepper restored to good standing.


      DONE and ENTERED this 20th day of February, 1976 in Tallahassee, Florida.


  2. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675


Docket for Case No: 75-002027
Issue Date Proceedings
May 18, 1977 Final Order filed.
Feb. 23, 1976 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 75-002027
Issue Date Document Summary
May 17, 1976 Agency Final Order
Feb. 23, 1976 Recommended Order Respondent convicted of drug conspiracy. He is only support for family and has shown rehabilitation. Recommend revocation unless probation successful.
Source:  Florida - Division of Administrative Hearings

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