STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLES F. BORER, )

)

Petitioner, )

)

vs. ) CASE NO. 77-016

)

FRANK L. PEPPEREL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on March 15, 1977, in Ft. Myers, Florida.

APPEARANCES

For Petitioner: Bruce I. Kamelhair, Esquire

2699 Lee Road

Winter Park, FL 32789

For Respondent: Respondent was duly noticed but failed to appear or otherwise be represented at the hearing.

FINDINGS OF FACT

1. The Florida Real Estate Commission (Commission hereafter) by its representative, Charles F. Borer (Plaintiff hereafter) filed an Administrative Complaint on December 17, 1976, alleging that the Defendant, on or about April 29, 1975, was found guilty in the Twelfth Judicial Circuit Court of this state of engaging in lewd and lascivious acts or assault upon or in the presence of a child and that by reason thereof, the Defendant is guilty of a crime of moral turpitude fraudulent or dishonest dealing in violation of subsection 475.25(1)(e), Florida Statutes. Based thereon, the Commission seeks to revoke or suspend the licensee and his right to practice thereunder.

   
   

2. The Commission introduced into evidence an Information filed January 20, 1975, against the Defendant for engaging in Involuntary Sexual Battery, Lewd and Lascivious Act or Assault upon or in the Presence of a Child in violation of Chapter 794.021(e) and Chapter 800.04 Florida Statutes. On April 29, 1975 a jury found the Defendant guilty as charged. See Commission's Exhibit #1.

   
   

3. Chapter 475.25 Florida Statutes set forth grounds for which the Commission may revoke or suspend a registrant's license. Subsection (e) thereof provides in pertinent part that the Commission may suspend a registrant's registration based upon a finding that the registrant has "been guilty of a crime against the laws of this state or any other state or of the United States, involving moral turpitude

4. The documentary evidence introduced and received in this case provides ample basis for a finding that the registrant has been guilty of a crime within the meaning of Chapter 475.25(1)(e). Based thereon, I make the following:

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.

   
   

6. At all times material to the allegations in the Administrative Complaint filed on December 17, 1976, the Defendant was a registered real estate salesman with the Commission.

   
   

7. The Defendant, having been found guilty of lewd and lascivious acts or assault upon or in the presence of a child by the Twelfth Judicial Circuit Court of this State amount to conduct involving a crime of moral turpitude within the meaning of subsection 475.25(1)(e), Florida Statutes.

Based on the foregoing Findings of Fact and Conclusions of Law, I make the following:

RECOMMENDATION

1. That the Defendant's registration as a real estate salesman be suspended for a period of two years.

DONE and ENTERED this day of April, 1977, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Bruce I. Kamelhair, Esquire 2699 Lee Road

Winter Park, Florida 32789

Frank L. Pepperel

c/o ITT Community Development Corp. 5225 Northwest 87th Avenue

Miami, Florida 33166

Docket for Case No: 77-000016

Orders for Case No: 77-000016