STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLES F. BORER, )

)

Petitioner, )

)

vs. ) CASE NO. 75-233

) PROGRESS DOCKET NO. 2636

NELSON F. HAWK, ) Citrus County

)

Respondent. )

)

RECOMMENDED ORDER

On May 20, 1975, in Inverness, Florida, pursuant to notice, final hearing was held in this cause wherein the Florida Real Estate Commission seeks to suspend the license of Nelson F. Hawk, Progress Docket No. 2636, Citrus County.

APPEARANCES

For Petitioner: Joseph A. Doherty, Esquire

Attorney for Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789 For Petitioner: Nelson F. Hawk

FINDINGS OF FACT

1. The Respondent has been a registered real estate salesman with the Florida Real Estate Commission from February 17, 1967, until the present. The Respondent was indicted by a federal grand jury in the Middle District of Florida and charged with devising and intending to devise a scheme and artifice to defraud certain named persons and entities by use of the mails and further charged with the commission of an overt act in furtherance of said scheme. U.S.

   v. Hawk, Case No. 68-47-ORL CR, U.S. District Court for the Middle District of Florida, Orlando Division. On October 11, 1968, the Respondent pled guilty to the offense of devising a scheme to defraud others and executing said scheme by use of the United States Mail and by telephone in violation of Title 18, Section 1341, U.S.C. The Respondent was sentenced to four years' imprisonment upon his plea of guilty. He served 17 months of his sentence before being paroled, which parole ended in October, 1972.

   
   

2. The charge to which the Respondent pled guilty and was found guilty did not, in any manner, involve the sale of real property. Since his conviction and release from prison, the Respondent has worked as a real estate salesman. The Florida Real Estate Commission has shown no complaint lodged against Mr. Hawk regarding his registration as a real estate salesman from February 17, 1967, until the present, other than the complaint and allegations presently being considered. There has been no showing that Nelson F. Hawk engaged in any conduct warranting suspension of his registration as a real estate salesman other than that conviction heretofore referred to in 1968. Nelson F. Hawk is

   guilty of a crime against the laws of the United States involving fraudulent dealing as evidenced by the certificate of Wesley R. Thies, Clerk, United States District Court for the Middle District of Florida.

   
   

   CONCLUSIONS OF LAW

   
   

3. The registration of the Respondent may be suspended as provided by Section 475.25, F.S., for a period not exceeding two years or until compliance with a lawful order imposed in the final order of suspension, or both, for being guilty of a crime against the laws of the United States involving fraudulent dealing.

RECOMMENDED ORDER

In view of the substantial delay between the commission by the Respondent of an act warranting suspension and the institution of this proceeding, and in the absence of aggravated circumstances, it is hereby recommended that the registration of Nelson F. Hawk be suspended for a period of one month on the grounds that he is guilty of a crime against the laws of the United States involving fraudulent dealing as set forth in U.S. v. Hawk, Case No. 68-47-ORL CR, United States District Court, Middle District of Florida, Orlando Division.

Entered this 13 day of August, 1975, in Tallahassee, Florida.

CHRIS H. BENTLEY, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Joseph A. Doherty, Esquire Nelson F. Hawk

Docket for Case No: 75-000233

Orders for Case No: 75-000233