STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA STATE BOARD OF )

PROFESSIONAL ENGINEERS AND ) LAND SURVEYORS OF THE DEPARTMENT ) OF PROFESSIONAL AND OCCUPATIONAL )

REGULATION, a State Agency, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1018

)

JOSEPH C. RUSSELLO, )

)

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 February 7, 1979, in Orlando, Florida.

APPEARANCES

For Petitioner: Ford L. Thompson, Esquire

Post Office Box 1876 Tallahassee, Florida 32302

For Respondent: Raymond E. LaPorte, Esquire

408 Madison Street Tampa, Florida 33602

The Department of Professional and Occupational Regulation, Board of Professional Engineers and Land Surveyors, herein sometimes referred to as the Department or the Petitioner/Board, seeks to suspend or revoke the professional engineering registration of Joseph C. Russello, herein sometimes referred to as the Respondent, based on allegations as set forth in its Amended Administrative Complaint filed on or about April 19, 1978, alleging in pertinent part that the Respondent was found guilty and convicted of a felony resulting in the loss of his civil rights, to-wit: racketeering, mail fraud, and conspiracy in violation of Sections 1962 of Title 18, United States Code, and Sections 1341 and 1342, Title 18, United States Code.

Based upon my observation of the witnesses and their demeanor while testifying, the arguments of counsel and the documentary evidence introduced into evidence, I make the following:

FINDINGS OF FACT

1. Respondent received his registration in 1955 as a civil engineer and as an architect in 1956. Since his registration, the Respondent has been instrumental in the drawings and designs of numerous outstanding structures in

   and around the Tampa Bay area. (See Respondent's Composite Exhibits 1 and 2.) Prior to the incident involved herein, the Respondent has not been the subject of any disciplinary proceedings involving the Petitioner.

   
   

2. Respondent, by and through counsel, takes the position that inasmuch as his conviction of the charges set forth herein- above, to-wit: racketeering, mail fraud and conspiracy, is not a proper basis upon which a suspension or revocation of his registration can properly stand inasmuch as he is in the process of appealing the conviction. Respondent contends that unless and until the judgment of the lower court is affirmed by the appellate court, there is no basis upon which a suspension and/or revocation of his registration can rest.

   
   

3. Section 471.26, Florida Statutes, provides in pertinent part that: "(1) The Board shall have the power to revoke or suspend the certificate of registration. . . of a person registered under this chapter. . .should such registrant. . .be found guilty of: . . . (c) any felony or crime involving

   moral turpitude." Petitioner's Exhibit No. 1 received into evidence reveals that the Respondent was convicted of four separate counts of criminal activity and sentenced to imprisonment for a period of ten years on two counts, to run concurrently, and five years on two counts, to run concurrently with each other and with the ten-year count. Based thereon, it is concluded that sufficient basis exists upon which a finding should be entered recommending that the Respondent's registration be suspended. I shall so recommend. 1/

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

5. The authority of the Petitioner is derived from Chapter 471, Florida Statutes.

   
   

6. The parties were duly noticed pursuant to the notice provisions of Section 120.57, Florida Statutes.

   
   

7. Competent and substantial evidence was offered to sustain the Amended Administrative Complaint allegations based on the findings of guilt of Respondent of four counts of criminal activity involving moral turpitude.

RECOMMENDATION

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

RECOMMENDED:

That the registration of Respondent (No. 5354) as a professional engineer be suspended for a period of two (2) years. In making such a recommendation, the undersigned considered all the mitigating factors introduced by and on behalf of the Respondent.

ENTERED this 28th day of February, 1979, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

ENDNOTE

1/ The case authorities and citations submitted by Respondent's counsel in its Memorandum dated February 9, 1979, were deemed factually distinguishable based on an absence of the controlling sections of Section 471.26, Florida Statutes, respecting the finality of convictions.

COPIES FURNISHED:

Ford L. Thompson, Esquire Post Office Box 1876 Tallahassee, Florida 32302

Raymond E. LaPorte, Esquire

408 Madison Street Tampa, Florida 33602

J. Y. Read, Executive Director Board of Professional Engineers

and Land Surveyors

400 West Robinson Street Orlando, Florida 32801

Docket for Case No: 78-001018

Orders for Case No: 78-001018