STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT ) OF PROFESSIONAL REGULATION, ) BOARD OF REAL ESTATE, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1992

)

JACK V. QUICK, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held on February 9, 1981. The hearing was conducted in Room 510, Collins Building, 107 Gaines Street, Tallahassee, Florida.

APPEARANCES

For Petitioner: Tina Hipple, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Clyde M. Taylor, Esquire

346 Barnett Bank Building Tallahassee, Florida 32301

ISSUES

The issue presented here concerns the Administrative Complaint brought by the Petitioner, State of Florida, Department of Professional Regulation, against the Respondent, Jack V. Quick, alleging that the Respondent has been found guilty of crimes against the laws of the United States, which crimes directly relate to the activities of a licensed broker or salesman or involve moral turpitude or fraudulent or dishonest dealing, in violation of Subsection 475.25(1)(f), Florida Statutes. Specifically, it is charged that the Respondent was found guilty on or about December 11, 1979, of certain offenses, namely counts Three, Four, Five and Six of an indictment dated July 31, 1979. Those offenses involved: (1) the willful and knowing conspiracy with others to possess with intent to distribute a controlled substance, to wit, marijuana, (2) the use and arrangement for the use of telephonic communications in the aforementioned enterprise, two counts, and (3) travel in interstate commerce to carry out the business of distributing a controlled substance, to wit, marijuana in violation of Section 841(a)(1), Title 21, United States Code; Section 846, Title 21, United States Code; and Section 1952(a)(3), Title 18, United States Code.

FINDINGS OF FACT

Petitioner, as the State of Florida, Department of Professional Regulation, brought an Administrative Complaint against the Respondent, Jack V. Quick, setting forth those allegations as are found in the Issues statement of the Recommended Order. The Respondent requested a formal administrative hearing pursuant to Subsection 120.57(1), Florida Statutes, and on February 9, 1981, that hearing was conducted.

The case was presented on the basis of the introduction of Joint Exhibits A, B and C, by the parties. Joint Exhibit A is an indictment by the Grand Jury in the United States District Court, Middle District of Georgia, Valdosta Division, Case No. 79-7-VAL, placed against the Respondent Jack V. Quick who is referred to in the indictment as Jack Vernon Quick. Joint Exhibit B is the Judgment and Commitment Order of the U.S. District Court in the aforementioned case arising from a finding/verdict directed to the aforementioned indictment. Joint Exhibit C is the Judgment of the United States Court of Appeal, for the Fifth Circuit, directed to the judgment of the United States District Court, Middle District of Georgia, Valdosta Division.

From the position taken by the parties in this action and the documents stipulated to by the parties, the following facts are found:

1. Respondent, Jack V. Quick, is a real estate broker, licensed by the Petitioner, State of Florida, Department of Professional Regulation, Board of Real Estate.

   
   

2. The Respondent, Jack V. Quick, under the name Jack Vernon Quick, was indicted by the Grand Jury of the United States District, Middle District of Georgia, Valdosta Division, Case No. 79-7-VAL on the following Counts:

   
   

   COUNT ONE

   
   

   From on or about August 17, 1978, to and including on or about August 19, 1978, within the Middle District of Georgia and elsewhere, the defendant,

   JACK VERNON QUICK,

   wilfully and knowingly did transport and cause to be transported and did aid and abet the transportation in interstate commerce from Tallahassee, Florida, to the State of Georgia, David Karl Roberts who had theretofore been unlawfully seized, confined, kidnapped, abducted, carried away, and held by the said defendant,

   JACK VERNON QUICK,

   for ransom, reward and otherwise, that is, for the purpose of obtaining a particular hoard of one thousand pounds of marijuana or the return of the defendant's downpayment of $68,000 on the purchase price of $138,000 of the said marijuana; in violation of Sections 1201(a)(1) and (2), Title 18, United States Code.

   COUNT TWO

   
   

   From on or about August 17, 1978, to and including on or about August 19, 1978, within the Middle District of Georgia and elsewhere, the defendant,

   JACK VERNON QUICK,

   wilfully and knowingly did combine, conspire, confederate and agree together with others known and unknown to the Grand Jury to violate Section 1201 (a)(1), Title 18, United States Code, that is, to wilfully and knowingly transport in interstate commerce from Tallahassee, Florida, to the State of Georgia, David Karl Roberts, who had theretofore been unlawfully seized, confined, kidnapped, abducted, carried away and held by the said defendant for ransom, reward and otherwise, to wit, for the purpose of obtaining a particular hoard of one thousand pounds of marijuana or the return of the defendant's downpayment on said marijuana.

   
   

   OVERT ACTS

   
   

   In furtherance of the conspiracy and to effect that objects thereof the defendant performed the following overt acts:

   
   

   1. On or about August 17, 1978, David Karl Roberts was transported by force and coercion by the defendant and others from the residence of James Mann Ervin to the residence of defendant JACK VERNON QUICK, both residences being in the State of Florida.

      
      

   2. On or about August 18, 1978, David Karl Roberts was transported by force and coercion from the residence of defendant JACK VERNON QUICK in Tallahassee, Florida, to Valdosta, Georgia, by the defendant JACK VERNON QUICK and others.

      
      

   3. On or about August 19, 1978, David Karl Roberts was transported by force and coercion from Valdosta, Georgia, to defendant JACK VERNON QUICK's residence in Tallahassee, Florida, where he was held against his will by the defendant and others.

      
      

      All in violation of Section 1201(c), Title 18, United States Code.

      
      

      COUNT THREE

      
      

      From on or about July 1, 1978, to and including on or about August 18, 1978, in

      Valdosta, Georgia, in the Middle District of Georgia and elsewhere, the defendant,

      JACK VERNON QUICK,

      did unlawfully, wilfully and knowingly combine, conspire and confederate and agree together with others known and unknown to the Grand Jury, to commit an offense in violation of Section 841(a)(1), Title 21, United States Code, to wit, to knowingly and intentionally possess with intent to distribute approximately 1,000 pounds of marijuana, a Schedule I controlled substance; all in violation of Section 846, Title 21, United States Code.

      
      

      COUNT FOUR

      
      

      On or about August 16, 1978, the defendant,

      JACK VERNON QUICK,

      did use and cause to be used a facility in interstate commerce, that is, telephonic wire communications from Tallahassee, Florida, to Adel, Georgia, in the Middle District of Georgia, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of section 841(a)(1), Title 21, United States Code, and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of Section 1952(a)(3), Title 18, United States Code.

      
      

      COUNT FIVE

      
      

      On or about August 18, 1978, the defendant,

      JACK VERNON QUICK,

      did travel in interstate commerce from Tallahassee, Florida, to Valdosta, Georgia, in the Middle District of Georgia, with the

      intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of Section 841(a)(1), Title 21, United States Code, and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of

      Section 1952(a)(3), Title 18, United States Code.

      
      

      COUNT SIX

      
      

      On or about August 18, 1978, the defendant,

      JACK VERNON QUICK,

      did use and cause to be used a facility in interstate commerce, that is, telephonic wire communications from Tallahassee, Florida, to Valdosta, Georgia, in the Middle District of Georgia, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of Title 21, United States Code, Section 841(a)(1), and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of Title 18, United States Code, Section 1952(a)(3).

      
      

3. On December 11, 1979, the Respondent was found not guilty of the aforementioned Counts One and Two.

   
   

4. On December 11, 1979, the Respondent was found guilty of Counts Three, Four, Five and Six and was sentenced to five (5) years under Count Three or until otherwise discharged as provided by law, to be followed by special parole for two (2) years. On each of the Counts Four, Five and Six, the Respondent was given a five (5) year sentence to be served to run concurrently with the sentence set forth in Count Three.

   
   

5. On November 7, 1980, in an action on Summary Calendar, United States Court of Appeal, for the Fifth Circuit, No. 79-5729, the court upheld the aforementioned judgment entered December 11, 1979, by the United States District Court, Middle District of Georgia, Valdosta Division. The appellate court order of affirmance was issued as a mandate on December 4, 1980.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

7. It having been factually concluded that the Respondent, Jack V. Quick, also referred to as Jack Vernon Quick, was found guilty on December 11, 1979, of Counts Three, Four, Five and Six brought in the Grand Jury indictment of the United States District Court, Middle District of Georgia, Valdosta Division, Case No. 79-7-VAL, which involved the offenses as set forth in the various sections and titles of the United States Code related in these findings; this finding of guilt of crimes against the laws of the United States constitutes a violation of Subsection 475.25(1)(f), Florida Statutes.

8. The crimes for which the Respondent stands convicted under the laws of the United States relate to the willful and knowing combination, conspiracy or confederation with other persons to knowingly and intentionally possess with intent to distribute approximately 1,000 pounds of marijuana, a Schedule I controlled substance and the attendant efforts by telephonic wire communications to promote, manage, establish, carry on and facilitate the promotion, management, establishment, and carrying on of the unlawful activity during a business enterprise calling for the distribution of narcotics and controlled substance, again marijuana, and travel in interstate commerce to effect those purposes. These offenses under Counts Three, Four, Five and Six, alluded to herein, are felonies according to the laws of the United States. The inherent nature of the crimes which have been committed and for which the Respondent stands convicted constitute moral turpitude and dishonest dealing within the meaning of Subsection 475.25(1)(f), Florida Statutes. This determination subjects the Respondent to penalties as found in Subsection 475.25(1), Florida Statutes. The offenses for which the Respondent has been found guilty in the United States District Court do not relate directly to his activities as a real estate broker and do not establish that the Respondent was dealing fraudulently, as alleged in the Administrative Complaint.

   
   

9. Finally, in arguing the Respondent's position by memorandum, his counsel makes reference to the belief that the range of actions available to the Department of Professional Regulation in prosecuting the Respondent is set out in Section 455.227, Florida Statutes. In discussing substantive violations attributable to criminal law violations, it mentions felony convictions only and further limits punishment to felony convictions, related to the practice of the profession. In contrast, the range of possible violations rising out of criminal cases found in Section 475.25, Florida Statutes, encompasses activities related directly to the profession, moral turpitude, fraudulent dealing, and dishonest dealing and does not specify felonies. Therefore, pursuing the Respondent's argument, in view of the fact that this prosecution is promoted by the Department of Professional Regulation as opposed to the individual Board, i.e., Board of Real Estate, substantive violations set forth in Chapter 455, Florida Statutes, related to the overall Department of Professional Regulation's activities shall be controlling and any additional grounds for violations set out in the specific Board of Real Estate statute, Chapter 475, Florida Statutes, shall not apply. This argument is rejected in that the grounds for discipline and penalties set out in Chapters 455 and 475, Florida Statutes, pertain to punishment to be administered by the Board of Real Estate, not the Department of Professional Regulations. Moreover, the statutes are not mutually exclusive. Consequently, the Department of Professional Regulation may bring an administrative complaint premised upon the grounds for discipline set out in Chapter 455, Florida Statutes, or as set out in Chapter 475, Florida Statutes, in the provisions of Section 455.227, Florida Statutes, and Section 475.25, Florida Statutes, and this is followed by the exercise of disciplinary power by the Board of Real Estate. It is, therefore,

RECOMMENDED

That the Respondent, Jack V. Quick, in keeping with the Findings of Fact and Conclusions of Law reached herein have his license to act as a Florida real estate broker suspended for a period of five (5) years, commencing with the entry of the Board of Real Estate's final order. See Subsection 475.25(1), Florida Statutes. This recommendation takes into account the nature of the offenses which the Respondent Quick was found guilty of by the United States District Court and the fact that the Respondent has not been shown to have violated statutes and rules of the Petitioner prior to this occasion.

DONE and ENTERED this 11th day of March, 1981, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301 904/488-9675

Filed with the Clerk of the Division of Administrative Hearings this 11th day of March, 1981.

COPIES FURNISHED:

Tina Hipple, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32381

Clyde M. Taylor, Esquire

346 Barnett Bank Building Tallahassee, Florida 32301

Docket for Case No: 80-001992

Orders for Case No: 80-001992