STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-835

)

BEN D HARRELL, )

)

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 July 12, 1978, in Ft. Lauderdale, Florida.

APPEARANCES

For Petitioner: Mark A. Grimes

Orlando, Florida

For Respondent: No appearance was entered on

behalf of the Respondent.

The Florida Real Estate Commission issued an Administrative Complaint against the Respondent, Ben David Harrell, on December 5, 1977. The Respondent filed no request for hearing, but the Commission nonetheless requested, by letter dated May 2, 1978, that a Hearing Officer from the Division of Administrative Hearings be assigned to conduct a hearing. The final hearing was scheduled by notice dated June 1, 1978. At the final hearing the Commission called Lawrence D. Bigney, an employee of the Commission, as its only witness.

Commission Exhibits 1-6 were offered into evidence and were received. The Respondent did not appear.

FINDINGS OF FACT

1. The Respondent Ben D. Harrell, is registered with the Real Estate Commission as a real estate salesman. Copies of the Administrative Complaint filed by the Commission were forwarded to the Respondent at the address he most recently provided the Commission. In addition, a copy of the complaint was hand served upon the Respondent. A copy of the Notice scheduling the final hearing was also forwarded to the Respondent at his last listed address.

   
   

2. A Grand Jury for the United States District Court, Middle District of Florida, Jacksonville District, returned an indictment against the Respondent, charging him with knowingly making materially false statements in a Satisfaction of Mortgage submitted to the Federal Land Bank in violation of Title 18 United States Code, Section 1014. The Respondent was convicted of the charges and on May 13, 1977, he was adjudicated guilty and sentenced to serve two years in

   federal penitentiary, execution of the sentence being suspended, and the Respondent being placed on probation for a period of five years.

   
   

3. The crime of which the Respondent was convicted involves dishonest dealing in connection with a real estate transaction, and is a crime involving moral turpitude.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties to this cause and over the subject matter. Section 120.57(1), 120.60, Florida Statutes (1977).

   
   

5. Section 475.25, Florida Statutes (1975), provides in pertinent part as follows:

   
   

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

      * * *

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

      involving moral turpitude, or fraudulent or dishonest dealings; and the record of conviction certified or authenticated in such form to be admissible evidence under the laws of the state, shall be admissible as prima facie evidence of such guilt. . . .

      
      

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

   
   

7. 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 ENTERED in Tallahassee, Leon County, Florida, this 27th day of July, 1978.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings

101 Collins Building Tallahassee, Florida 32304 (904) 488-9675

COPIES FURNISHED:

Mark A. Grimes, Esquire Florida Real Estate Commission

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802

Ben David Harrell

900 S.W. 15th Terrace

Fort Lauderdale, Florida 33312

=================================================================

AGENCY MEMORANDUM

=================================================================

November 8, 1978 MEMORANDUM

TO: Renata Hendrick, Registration Supervisor FROM: Mark A. Grimes, Staff Attorney

RE: PD 3278 FREC vs. Ben David Harrell DOAH Case No. 78-835

Enclosed* is a copy of a Final Order suspending the above named Defendant's registration for a period of two years. Please mark your records accordingly.

Mark A. Grimes

MAG:lam

* NOTE: The Agency Final Order is not available at the Division and therefore not a part of this ACCESS document.

Docket for Case No: 78-000835

Orders for Case No: 78-000835