STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Plaintiff, )

)

vs. ) CASE NO. 77-1554

)

THEODORE MICHEAL LAKOS, )

)

Defendant. )

)

Progress Docket No. 3165 )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on November 4, 1977, at Pensacola, Florida. The following appearance was entered: Joseph A. Doherty, Orlando, Florida, representing the Plaintiff, Florida Real Estate Commission. No appearance was entered on behalf of the Defendant, Theodore Michael Lakos. On November 1, 1977, the Defendant placed a telephone call to the undersigned Hearing Officer and advised that he did not intend to appear at the hearing nor to dispute the charges that have been filed by the Plaintiff.

On or about March 10, 1977, the Florida Real Estate Commission issued an Administrative Complaint against Theodore Michael Lakos. On August 20, 1977, the Commission filed the Administrative Complaint in the office of the Division of Administrative Hearings, and requested that a Hearing Officer be assigned to conduct the hearing. The final hearing was scheduled by notices dated September 28, 1977, and October 13, 1977. The Administrative Complaint was received in evidence at the hearing as Hearing Officer's Exhibit 1. The notices of hearing were received in evidence as Hearing Officer's Exhibits 2 and 3.

At the hearing the Real Estate Commission offered Plaintiff's Exhibits 1-4 into evidence, and they were received. John Gray, a Pensacola resident who is a real estate broker, was called as the Commission's only witness.

FINDINGS OF FACT

1. The Defendant, Theodore Michael Lakos, was at all material times, registered with the Florida Real Estate Commission as a real estate salesman.

   
   

2. On or about April 20, 1976, a Second Amended Information was filed by the State Attorney for the First Judicial Circuit of Florida against Theodore Michael Lakos, and others in the Circuit Court of Escambia County, Florida. A copy of the Second Amended Information was received in evidence at the hearing as Plaintiff's Exhibit 2. On or about August 25, 1976, Theodore Michael Lakos withdrew his previous plea of not guilty of the charges, and entered a plea of nolo contendere to Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Amended Information. On or about November 9, 1976, Theodore Michael Lakos was

   adjudicated guilty of the charges alleged in Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Admended Information. Sentencing was stayed for a period of ten years, during which time the Defendant will be on probation under the supervision of the Florida Parole Commission. A copy of the Judgment and Sentence was received in evidence at the hearing as Plaintiff's Exhibit 4.

   
   

3. In accordance with the Defendant's plea of nolo contendere, and the court's judgment, it is found that the Defendant, Theodore Michael Lakos, did knowingly, unlawfully and feloniously agree, conspire and confederate with others to commit the felony of breaking and entering, in violation of Sections

   833.04 and 810.01, Florida Statutes, as charged in Count 1 of the Second Amended Information. It is found that the Defendant, between March 1, 1975, and up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny, in violation of Sections 833.04 and 811.021, Florida Statutes, as charged in Count 2 of the Second Amended Information. It is found that the Defendant between, on or about March 1, 1975, ad up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired and confederated with others to commit the felony of first degree larceny, in violation of Sections 833.04 and 806.01, Florida Statutes, as charged in Count 3 of the Second Amended Information. It is found that the Defendant, between on or about March 29, 1975, and up to and including on or about April 18, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny in violation of Section 833.04, and 811.021, Florida Statutes, as charged in Count 4 of the Second Amended Information. It is found that the Defendant, on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: breaking and entering, in that he aided, abetted, counselled, or otherwise procured others to unlawfully break and enter a dwelling house with intent to commit a felony, to wit: grand larceny in violation of Sections 776.011 and 810.01, Florida Statutes, as charged in Count

   6 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled or otherwise procured as a principal in the first degree, the commission of a felony, to wit: grand larceny, in that he aided abetted, counselled, or otherwise procured others to unlawfully take, steal, and carry away certain property of the aggregate value of more than one hundred dollars, in violation of Sections 776.011 and 811.021, Florida Statutes, as charged in Count 8 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: first degree arson, in that he aided, abetted, counselled, or otherwise procured another to willfully and maliciously set fire to a dwelling house in violation of Sections 776.011 and 806.01, Florida Statutes, as charged in Count 10 of the Second Amended Information.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the subject matter of this action, and over the parties. Sections 120.57(1), 120.60, Florida Statutes (1976 Supp.)

5. Section 475.25(1)(e), Florida Statutes (1975) provides as follows: "The registration of a registrant may be suspended

   upon a finding of facts showing 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, or fraudulent or dishonest dealing; and the record of a conviction certified or authenticated in such form as to be admissible into evidence under the laws of the state, shall be admissible as prima facie evidence of such guilt."

   
   

   The crimes of which the Defendant was convicted are crimes involving moral turpitude and dishonest dealing.

6. Section 475.25(3), Florida Statutes (1975) provides as follows: "The registration of a registrant may be revoked

   if the registrant shall, for a second time, be

   found guilty of any misconduct that warrants his suspension under subsection (1) of this section, or if he shall be found guilty of a course of conduct or practices which show that he is so incompetent, negligent, dishonest, or

   untruthful that the money, property, transactions and rights of investors or those with whom he may sustain a confidential relation, may not safely be entrusted to him.

   
   

   Commission of the crimes of which the Defendant in this case was convicted shows on its face that the Defendant is guilty of a course of conduct which shows that he is so dishonest that the money, property, transactions and rights of others may not safely be entrusted to him.

   
   

7. The Defendant, Theodore Michael Lakos, should be found guilty of committing the acts alleged in Counts 1 and 2 of the Administrative Complaint filed by the Florida Real Estate Commission. The Defendant's registration as a real-estate salesman should be revoked.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact, and Conclusions of Law, it is, hereby

RECOMMENDED:

That the Defendant, Theodore Michael Lakes, be found guilty of the charges set out in Counts 1 and 2 of the Administrative Complaint filed against him, and that his registration a real estate salesman be revoked.

RECOMMENDED this day of December, 1977, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

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

COPIES FURNISHED:

Joseph A. Doherty, Esquire Staff Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Mr. Theodore Michael Lakos

520 North Spring Street Pensacola, Florida 32501

Mr. Theodore Michael Lakos

3400 Wimbleden Drive, Apartment 13

Pensacola, Florida 32504

Mr. Theodore Michael Lakos

330 Fort Pickens Road Pensacola, Florida 32561

Docket for Case No: 77-001554

Orders for Case No: 77-001554