STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, ) RONALD L. MYERS, REPRESENTATIVE, )

)

Petitioner, )

)

vs. ) CASE NO. 75-1424

)

PAUL E. MATHAS, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, at 9:30

1. on November 4, 1975, at Room 921, Seybold Building, 36 NE First Street, Miami, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Frederick W. Jones, Staff Counsel

   Florida Real Estate Commission 2699 Lee Road

   Winter Park, Florida 32789 For Respondent: No appearance.

   FINDINGS OF FACT

   
   

   1. Respondent is now and was at all relevant times to this proceeding a registered real estate salesman.

      
      

   2. On October 10, 1973, pursuant to his plea of guilty, respondent was convicted by the United States District Court for the Southern District of Florida, Judge Peter T. Fay, of the offense of knowingly and intentionally possessing with intent to distribute marijuana, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 841(a)(1). On January 29, 1974, another judgment and commitment was entered for the sane count changing the terms of the sentence imposed. (Exhibits 3 and 4).

      
      

   3. By an information filed by the Florida Real Estate Commission, respondent was charged with violating F.S. Section 475.25(1)(e) in that he had been guilty of a crime against the laws of the United States involving moral turpitude.

      
      

   4. On February 7, 1975, respondent, through his attorney Howard Friedin, filed his answer to the information.

      
      

   5. On October 6, 1975, the Division of Administrative Hearing sent to the attorneys for petitioner and for respondent its notice of hearing to be held on

      November 4, 1975. The Executive Director of the Florida Real Estate Commission also forwarded the notice of hearing by registered/certified mail to the respondent's attorney on October 15, 1975. (Exhibit 1)

      
      

   6. Sometime prior to the hearing, the attorney for the respondent notified the Real Estate commission that respondent had left the State of Florida with the intention not to return and that he no longer represented respondent. It was not clear whether respondent himself had received actual notice of the hearing. Respondent did rot appear at the hearing.

      
      

      CONCLUSIONS OF LAW

      
      

   7. F.S. Section 475.25(1)(e) provides that the registration of a registrant may be suspended for a period not exceeding two years, or until compliance with a lawful order imposed in the final order of suspension, or both, upon a finding that the registrant has been guilty of a crime against the laws of this state or any other state or of the United States involving moral turpitude.

      
      

   8. As noted in the findings of fact, respondent was adjudged guilty by the

      U.S. District Court for the Southern District of Florida of a crime against the laws of the United States. Thus, the primary issue becomes one of whether the offense of knowingly and intentionally possessing with intent to distribute a controlled substance is a crime involving moral turpitude.

      
      

   9. Moral turpitude has been defined as anything done contrary to justice, honesty, principle or good morals. It involves the idea of inherent baseness or depravity in the private social relations or duties owed by man to man or by man to society. State ex rel Tullidge v. Hollingsworth, 146 So. 660 (Fla. 1933). When determining whether or not an offense involves moral turpitude, the standard is public sentiment, which changes as the moral opinions of the public change. 9 Fla. Jur., "Criminal Law", Section 8.

      
      

   10. While it might conceivably be argued that the moral opinions or public sentiment with respect to the offense of' possession of marijuana have changed in recent years in some parts of the country, this change does not appear to be related to the offense of possession with intent to distribute marijuana. Here, not convicted of mere possession of marijuana, which in itself is a violation of the laws of the U.S. and of Florida. He was convicted of possessing with intent to distribute marijuana. This falls within the definition of moral turpitude as anything done contrary to justice, honesty, Principle or good morals.

       
       

   11. In conclusion, it is found that a real estate salesman who has been convicted of knowingly and intentionally possessing with intent to distribute marijuana, a controlled substance, has been guilty of a crime against the laws of the United States (as well as this State, F.S. Oh. 893) involving moral turpitude. This is a ground for suspension of registration under F.S. Section 475.25(1)(e)

RECOMMENDATION

Based upon the above findings of fact and conclusions of law, it is recommended that respondent's registration as a real estate salesman be suspended for a period of two years.

Respectfully submitted and entered this 10th day of December, 1975, in Tallahassee, Florida.

DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Frederick W. Jones, Esquire Staff counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Mr. Paul E. Mathas

c/o Property Resale Service, Inc.

230 N.E. 79th Street Miami, Florida 33138

Mr. Paul E. Hathas

c/o Howard Friedin, Esquire

3050 Biscayne Boulevard, Suite 904

Miami, Florida 33137

Docket for Case No: 75-001424

Orders for Case No: 75-001424