STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-273

) PD NO. 3265

CHARLES L. WHITE, )

)

Respondent. )

)

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 May 25, 1978, in Stuart, Florida.

APPEARANCES

The following appearances were entered: Kenneth M. Meer, Orlando, Florida, for the Petitioner, Florida Real Estate Commission. No appearances was entered on behalf of the Respondent.

The Florida Real Estate Commission issued an Administrative Complaint against the Respondent, Charles L. White. It appears that the Administrative Complaint was forwarded to the Respondent at the address he had submitted to the Real Estate Commission. Apparently he no longer resides at that address, and the Complaint was returned to the Commission. By letter dated February 13, 1978, the Commission requested that the Hearing Officer from the Division of Administrative Hearings be assigned to conduct the hearing. The final hearing was scheduled by notice dated February 22, 1978. At the final hearing the Real Estate Commission called no witnesses, but presented Petitioner's exhibits 1 through 4. The Respondent did not appear.

FINDINGS OF FACT

1. The Respondent, Charles L. White, is registered with the Real Estate Commission as a Real Estate Salesman. Copies of the Administrative Complaint filed by the Commission against the Respondent were forwarded to the Respondent at the address he most recently provided the Commission. Copies of the Complaint were returned to the Commission, and copies of the Notice of Hearing forwarded to the Respondent have likewise been returned. Efforts to locate the Respondent have been unsuccessful.

   
   

2. A forty-count indictment was issued by the Grand Jury of the United States District Court in the Middle District of Florida, Tampa Division, against the Respondent, Charles L. White, and five other persons. On February 5, 1977, a jury found the Respondent guilty of all counts of the indictment in which he was charged. On June 3, 1977, he was adjudicated guilty, and sentenced to serve eighteen months in the Federal Penitentiary, execution of the sentence being

   suspended, and the Respondent being placed on probation for a period of two years.

   
   

3. The crimes of which the Respondent was convicted involve dishonest dealing in connection with real estate transactions, and include fraud, fraudulent use of the mail, and conspiracy to commit violations of Federal law.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. Florida Statutes Section 475.25, provides in pertinent part as follows:

   
   

   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 dealings; and

      the record of a conviction certified or authenticated in such form as to be admissible evidence under the laws of the state, shall be admissible as prima facie evidence of such guilt. . . .

      
      

      The crimes against the United States of which the Respondent was found guilty involve moral turpitude, and fraudulent or dishonest dealing.

      
      

6. The registration of the Respondent should be suspended for a period of two years.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is, hereby,

RECOMMENDED:

That a final order be entered finding the Respondent guilty of the charges alleged in the Administrative Complaint, and suspending the Respondent's registration as a real estate salesman for a period of two years.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 2nd day of June 1978.

G. STEVEN PFEIFFER Hearing Officer

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

(904) 488-9675

COPIES FURNISHED:

Kenneth M. Meer, Esquire Florida Real Estate Commission

400 West Robinson Street Orlando, Florida 32801

Mr. Charles L. White

D-30 Sierra Apartments Stuart, Florida 33494

Mr. Charles L. White

c/o County Realty & Investments Stuart, Florida 33494

Docket for Case No: 78-000273

Orders for Case No: 78-000273