STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, ) ALFRED A. FERRIS, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1710

)

BERNARD C. MOSKOWITZ, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above-captioned matter, after due notice, at Coral Gables, Florida, on November 29, 1976, before the undersigned Hearing Officer.

APPEARANCES

For Petitioner: Frederick H. Wilsen, Esquire

Staff Attorney

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida For Respondent: Appeared in own behalf

ISSUE

Whether the registration of Respondent Bernard C. Moskowitz should be suspended or revoked for having been guilty of state and federal crimes involving moral turpitude and fraudulent and dishonest dealing more particularly stated in the Administrative Complaint filed by the Florida Real Estate Commission on August 27, 1976.

At the commencement of the hearing, Respondent was advised by the Hearing Officer as to his rights as a Respondent to present evidence, cross-examine witnesses and testify in his own behalf if he so desired. He was also advised as to his right to have counsel represent him at his own expense. He acknowledged his understanding of rights and elected to proceed in his own behalf.

FINDINGS OF FACT

1. Respondent is a registered real estate salesman, Certificate No. 36745, and was so registered at all times alleged in the Complaint. (Petitioner's Exhibit 1).

   
   

2. On December 17, 1974, Respondent, in case styled United States of America v. Bernard Moskowitz, Docket No. 74-570-CR-PF, United States District

   Court for the Southern District of Florida, was found guilty on two counts of knowingly and intentionally distributing a controlled substance, to wit: dilaudid, a schedule II narcotic controlled substance, in violation of Title 21, United States Code, Section 841(a)(1). The two offenses were committed on or about October 13 and October 18, 1972, in Dade County, Florida. On February 28, 1975, Respondent was sentenced and thereafter was confined in the Federal Prison at Eglin Air Force Base, Florida, from November 14, 1975 to March 26, 1976. (Petitioner's Composite Exhibit 2).

   
   

3. On July 11, 1975, after entering a plea of nolo contendere, Respondent was adjudged guilty of the criminal offense of extortion in Case No. 73-8508, State of Florida vs. Bernard Carl Moskowitz, in the Circuit Court of the Eleventh Judicial Circuit, Dade County, Florida, and was sentenced to be imprisoned by confinement at hard labor in the Dade County Jail for a term of twelve (12) months, to run concurrently with the sentence imposed by the United States District Court, Southern District of Florida in Case No. 74-570-CR-PF, provided that after having served six months of that sentence, the remaining six months to be stayed and withheld and Respondent to be placed on probation and released into the custody of the Florida Probation and Parole Commission for a period of two years. (Petitioner's Exhibit 3).

   
   

4. Respondent testified as a witness at the hearing and presented various documents bearing upon the merits of his criminal trials. Respondent is currently on both federal and state probation. (Testimony of Respondent, Respondent's Exhibit 1 through 8).

   
   

   CONCLUSIONS OF LAW

   
   

5. Petitioner seeks to take adverse action with respect to Respondent's Certification as a real estate salesman under Section 475.25(1)(e), Florida Statutes, which provides as follows:

   
   

   "475.25 Grounds for revocation or suspension.

   1. The registration of a registrant may be suspended for a period not exceeding 2 years, or until compliance with a lawful order imposed in the final order of suspension, or both, upon a finding of facts showing that the registrant has:

      (e) Been guilty of a crime against the laws of this state or any other state or

      of the United States, involving moral turpitude, or fraudulent or dishonest dealing; and the record of a conviction certified or authenti cated in such form as to be admissible in evidence under the laws of the state, shall

      be admissible as prima facie evidence of such guilt;..."

      
      

6. The evidence presented by Petitioner establishes that the Respondent was found guilty of crimes against state and federal law which clearly fall within the purview of the above statutory provision. Accordingly, the Florida Real Estate Commission is authorized to suspend his registration for an appropriate period not to exceed two years.

7. Taking into consideration the serious nature of the offenses of which Respondent was convicted, it is considered appropriate that Respondent's registration be suspended for a period of one year.

RECOMMENDATION

That the registration of Respondent Bernard C. Moskowitz as a real estate salesman be suspended for a period of one year under the authority of Section 475.25(1)(e), Florida Statutes.

DONE and ENTERED this 31st day of December, 1976, in Tallahassee, Florida.

THOMAS C. OLDHAM

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 31st day of December, 1976.

Docket for Case No: 76-001710

Orders for Case No: 76-001710