STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATIONS, FLORIDA REAL )

ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) Case No. 85-3156

)

BUFORD D. PRICE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearing, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above-styled case on August 15, 1986, at Clermont, Florida.

APPEARANCES

For Petitioner: Arthur R. Shell, Jr., Esquire

Division of Real Estate

400 West Robinson Street Orlando, Florida 32801

For Respondent: Britt Whitaker, Esquire

1410 Northwest Shore Boulevard Tampa, Florida 33607

By administrative complaint filed August 1, 1985, the Department of Professional Regulations, Division of Rea1 Estate, Petitioner, seeks to revoke, suspend, or otherwise discipline the license of Buford D. Price, Respondent, as a real estate salesman. As grounds therefore it is alleged Price has been convicted of crimes involving moral turpitude.

Although this case was received in the Division of Administrative Hearings September 11, 1985, it was not scheduled for hearing immediately because of information that Respondent had appealed his conviction, was incarcerated and was not using his license. By AMENDED SECOND MOTION FOR FORMAL HEARING DATE

dated February 4, 1986, Petitioner requested the case be

scheduled for hearing and Notice of Hearing dated February 12, 1986 scheduling the case for hearing April 23, 1986 was issued.

By letter dated March 26, 1986, Respondent's attorney advised that oral arguments on Respondent's appeal was scheduled on April 21, 1986, and requested the scheduled hearing be continued. This motion was granted by Order dated April 3, 1986. Upon learning Respondent's conviction had been affirmed the hearing was rescheduled for August 15, 1986.

At the commencement of the hearing Respondent's motion for continuance was denied. Thereafter Petition called one (1) witness, Respondent called two (2) witnesses, including himself, and two exhibits were admitted into evidence. It was stipulated that exhibit 2, the court records of Respondent's conviction was in error in showing Respondent had been convicted of second degree murder and the correct charge was third degree murder.

Respondent has submitted proposed findings of fact. Proposed findings 1 through 5 are accepted as true but are irrelevant to the charge. Finding 6 accurately expresses the testimony of Chaplain Randolph and his opinion that Respondent would be better off upon his release from prison if his license were not revoked; and his opinion that respondent would not be a danger to the public upon his release from prison if he retains his license.

Proposed finding 7 is rejected with respect to automatic restoration of respondent's license. Proposed finding number 8 is rejected.

FINDINGS OF FACT

1. Respondent took the examination for real estate salesman and was licensed December 16, 1982. His license was last renewed in December 1984 (exhibit 1 and Price testimony). At all times relevant hereto he was licensed by Respondent as a real estate salesman.

   
   

2. By judgment dated-May 10, 1985, Buford D. Price was convicted of murder in the third degree, possession of cocaine, and possession of narcotic paraphernalia. Respondent was sentenced to seven (7) years imprisonment on the murder charge, imposition of sentence was withheld on the narcotic charges and he was placed on probation for five (5) years to run consecutively to the imprisonment.

   
   

3. Respondent expects to be released from prison by June 1988 although his current release date is June 8, 1989. For the past three months he has been working outside prison on the highways and in communities.

4. Prior to his arrest and incarceration Respondent worked principally for property management companies and Pulte Homes. As owners of the property leased or sold their salesmen do not need a real estate license to sell or lease such property only.

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings. Section 475.25 (l)(Florida Statutes) provides in pertinent part:

   
   

   The commission may suspend a license or permit for a period not exceeding 10 years; may revoke a license or permit; may impose an administrative fine not to exceed $1,000 for each count or separate offense; and may issue a reprimand, or any or all of the foregoing, if it finds that the licensee. . .:

   
   

   (f) Has been convicted or found guilty, regardless of adjudication, of a crime which

   . . . involves moral turpitude. . . .

   
   

6. All of the three offenses of which Respondent was found guilty, to wit, third degree murder, possession of cocaine and possession of drug paraphernalia involve moral turpitude. Respondent's contention that the crime of murder in the third degree does not involve specific intent is immaterial to the issue of whether this offense involves moral turpitude.

   
   

7. From the foregoing it is concluded that Buford D. Price has been found guilty of three crimes involving moral turpitude, sentenced to seven years in prison, and five years probation upon his release from prison. It is

RECOMMENDED that the license of Buford D. Price as a real estate salesman be revoked.

Entered this 19th day of September, 1986.

K. N. AYERS, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 19th day of September, 1986.

COPIES FURNISHED:

Fred Roche, Secretary

Department of Professional Regulations

130 North Monroe Street Tallahassee, Florida 32301

Harold Huff, Executive Director Division of Real Estate

Department of Professional Regulations

130 North Monroe Street Tallahassee, Florida 32301

Arthur R. Shell, Esquire

Department of Professional Regulations-Legal

400 West Robinson Street Orlando, Florida 32801

Britt whitaker, Esquire

1410 Northwest Shore Boulevard Tampa, Florida 33607

Docket for Case No: 85-003156

Orders for Case No: 85-003156