STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

A. D. SAKER, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1104

)

ROLAND L. MOZO, JR. and )

ROLAND MOZO, INC., )

)

Respondents. )

)

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 August 18, 1975, at Pensacola, Florida.

The following appearances were entered: Fred Jones, Orlando, Florida, for

1. D. Saker, representing the Florida Real Estate Commission, and Roland L. Mozo, Jr., Pensacola, Florida, representing himself.

   
   

   The Florida Real Estate Commission, through its representative, A. D. Saker, filed an Information against Roland L. Mozo, Jr. and Roland Mozo, Inc., on February 25, 1975. The hearing was scheduled to be conducted by notice dated July 22, 1975. At the hearing Roland L. Mozo, Jr. appeared on his own behalf, and admitted committing the acts set out in the Information. Mr. Mozo was allowed an opportunity to forward letters indicating mitigating circumstances to the undersigned. No such letters were received. The parties stipulated and agreed that the undersigned hearing officer should make no recommendation to the Real Estate Commission with respect to the appropriate penalty, if any, to be imposed upon Roland L. Mozo, Jr., and Roland Mozo, Inc.

   
   

   FINDINGS OF FACT

   
   

   1. Roland L. Mozo, Jr. freely, intelligently, and voluntarily admitted that he committed the acts alleged in paragraphs 1, 2, and 3 of Count 1 and paragraph 1 of Count 2 of the Information filed against Roland L. Mozo, Jr., and Roland Mozo, Inc., by the Florida Real Estate Commission through its representative, A. D. Saker.

      
      

   2. Roland L. Mozo, Jr., and Roland Mozo, Inc., failed to immediately place upon receipt monies, funds, deposits, checks or drafts entrusted to them by persons dealing with them as a broker in a trust or escrow bank account.

      
      

   3. Roland L. Mozo, Jr., and Roland Mozo, Inc., are guilty of failing to maintain funds entrusted to them with a bank located and doing business in Florida until disbursement thereof was properly authorized.

      CONCLUSIONS OF LAW

      
      

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

      
      

   5. Roland L. Mozo, Jr., and Roland Mozo, Inc., violated the provisions of Florida Statutes, Section 475.25(1)(i).

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby,

RECOMMENDED as follows:

1. That Roland L. Mozo, Jr., and Roland Mozo, Inc., be found to have committed the acts set out in the information filed against them by the Florida Real Estate Commission through its representative, A. D. Saker.

   
   

2. That the Florida Real Estate Commission impose such penalty upon Roland

L. Mozo, Jr., and Roland Mozo, Inc., that it deems appropriate.

ENTERED this 23 day of October, 1975, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 23 day of October, 1975.

COPIES FURNISHED:

Roland L. Mozo, Jr.

5508 North Palafox Street Pensacola, Florida 32503

Fred Jones, Esquire Staff Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Docket for Case No: 75-001104

Orders for Case No: 75-001104