STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION ) ex rel. EDGAR M. GREENE, JR., )

)

Petitioner, )

)

vs. ) CASE NO. 75-1720

) PROGRESS DOCKET NO. 2624

STEVEN LEON TELVI, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled cause on April 22, 1976, at Coral Gables, Florida.

APPEARANCES

For Petitioner: Manuel E. Oliver,

Associate Counsel,

Florida Real Estate Commission, For Respondent: Telvi was not present

By Administrative Complaint filed February 11, 1976, the Florida Real Estate Commission ex rel. Edgar M. Greene, Jr., seeks, to revoke, suspend, or otherwise discipline Respondent, Steven Leon Telvi, on the allegations that he has been guilty of forging and uttering a negotiable instrument, unlawful possession of a counterfeit operator's license, grand larceny of a TV set, conspiracy to commit a felony, attempting to obtain possession of a controlled substance by subterfuge, and forgery of a prescription. The Administrative Complaint further alleges that by reason of the foregoing Respondent is guilty of a course of conduct or practices which show that he is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors or those with whom he may sustain a confidential relation, may not safely be entrusted to him.

Exhibits 1 and 2 were admitted into evidence showing the mailing of the Information and Notice of Hearing by certified mail to the Respondent's address registered with the Florida Real Estate Commission. Exhibit 4, a certified copy of the Criminal Court of Record in and for Dade County, Florida, in case of State v. Telvi and Exhibit 3, a certified copy of the Circuit Court of the Eleventh Judicial Circuit of Florida in State V. Telvi were admitted into evidence.

FINDINGS OF FACT

1. By Exhibit 4, the Respondent, on April 4, 1972, was found guilty of urging and uttering a check, unlawful possession of a counterfeit operator's license, and grand larceny. Adjudication of guilt was withheld.

2. By Exhibit 3, Respondent on June 27, 1975 was found guilty of conspiracy to commit a felony, to wit: obtain Schedule II controlled substances by fraud and misrepresentation, and forgery.

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 475.25 F. S. provides grounds for revocation or suspension as follows:

   
   

   "(1) 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 of facts showing that the registrant has:

   
   

   (e) Been guilty of a crime against the laws of this state or any other state, or of the United States, involving moral, turpitude, or fraudulent or dishonest dealing;

   
   

   (3) The registration of a registrant may be revoked if the registrant shall, for a second time, be found guilty of any misconduct that warrants his suspension

   under subsection (1) of this section, or if he shall be found guilty of a course of conduct or practices which show that he is so incompetent, negligent, dishonest, or untruthful that the money, property, transactions, and rights of investors or those with whom he may sustain a confidential relation, may not safely be entrusted to him."

   
   

4. Both Exhibits 3 and 4 show Respondent has been guilty of offenses involving moral turpitude. It is beyond cavil that larceny, forgery, and narcotics laws violations are offenses involving moral turpitude.

   
   

5. Not only has the Respondent bean guilty of numerous offenses involving moral turpitude, but he has also been involved in offenses involving fraud, and concealment in business transactions to wit: the purchase of controlled substances. These offenses are sufficient to Show a course of conduct of a nature to justify revocation of Respondent's license as provided by Section 475.25(3) Florida Statutes above quoted. It is therefore,

RECOMMENDED that the registration of Steven Leon Telvi as a real estate salesman be revoked.

DONE and ENTERED this 19th day of May, 1976, in Tallahassee, Florida.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Docket for Case No: 75-001720

Orders for Case No: 75-001720