STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

C. L. Reagan, Representative, )

)

Petitioner, )

)

vs. ) CASE NO. 76-471

)

RONALD R. EPPINGER, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held in the above-captioned matter, after due notice to the parties, at the Federal Prison Camp, Eglin Air Force Base, Florida, on April 23, 1976, before the undersigned Hearing Officer.

APPEARANCES

For Petitioner: Lewis B. Guttmann, III, Esquire Staff Attorney

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Respondent appeared in his own behalf

ISSUE

Whether Respondent's Registration as a real estate salesman should be revoked for alleged violation of Section 475.25(1)(e), and 475.25(2), Florida Statutes.

Respondent was not represented by legal counsel at the hearing and, accordingly, he was advised as to his rights under the Administrative Procedure Act, including the right to testify as a witness, if he so desired. The Respondent acknowledged understanding of his aforesaid rights and elected to represent himself.

FINDINGS OF FACT

1. Respondent has been registered as a real estate salesman since April 17, 1975 (Exhibit 1.)

   
   

2. On October 9, 1975, in the United States District Court for the Southern District of Florida, upon a plea of guilty, Respondent was convicted of the offense of knowingly and intentionally distributing a controlled substance in violation of Title 21, United States Code, Section 841(a)(1) and Title 18, United States Code, Section 2. Respondent was committed to the custody of the Attorney General or his authorized representative for imprisonment for a period

   of 18 months, or until otherwise discharged by due process of law, and to serve a special parole term of three years as provided by law (Exhibits 2,3)

   
   

3. Respondent was confined in the Federal Prison Camp at Eglin Air Force Base, Florida on November 5, 1975. His confinement, will extend to January 11, 1977, unless sooner paroled (Exhibits 4,5.)

   
   

4. Respondent testified at the hearing and admitted that he had made a mistake, but believes that he should not be, subjected to adverse action concerning his registration as a real estate salesman because he will have paid his debt to society after serving his sentence. He stated that he must work when he leaves prison in order to support his two children, that his previous reputation was good and that his offense was an isolated incident brought on by the bad economic situation at the time (Testimony of Respondent)

   
   

   CONCLUSIONS OF LAW

   
   

5. Petitioners seek to take adverse action concerning the registration of Respondent under Section 475.25(1)(e) and 475.25(2) Florida Statutes, which read pertinently as follows:

   
   

   "475.25 Grounds for Revocation or Suspension.--

   
   

   1. The registration of a registrant may be suspended for a period not exceeding 2 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; and the record of a conviction certified or authenticated in such form as to be admissible in evidence under the laws of this state, shall be admissible as prima facie evidence of such

      guilt;..."

      
      

   2. The registration of a registrant shall be revoked,... if the registrant is confined in any state or federal prison... "

      
      

6. The allegation of a violation of Section 475.25(1)(e) is predicated upon the theory that Respondent is guilty of a crime of moral turpitude or fraudulent or dishonest dealing as a result of his conviction of knowingly and intentionally distributing a controlled substance in violation of federal statutes. The certified record of conviction is prima facie evidence of his guilt of the aforesaid crime which clearly involves moral turpitude. Therefore, suspension of his registration is authorized under Section 475.25(1)(e).

   
   

7. Under Section 475.25(2), revocation of registration is mandatory if the registrant is confined in any state or federal prison. The evidence establishes that Respondent is confined in a federal prison, i.e., the Federal Prison Camp, Eglin Air Force Base, Florida.

RECOMMENDATION

That Respondent's registration as a real estate salesman be revoked pursuant to Section 475.25(2), Florida Statutes.

DONE and ORDERED this 20th day of May, 1976, in Tallahassee, Florida.

THOMAS C. OLDHAM

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

(904) 488-9675

COPIES FURNISHED:

Lewis B. Guttmann, III, Esquire Staff Attorney

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Mr. Ronald R. Eppinger

c/o Superintendent E.V. Aiken Eglin Federal Prison Camp

P.O. Box 600

Eglin Air Force Base Eglin, Florida 32542

Docket for Case No: 76-000471

Orders for Case No: 76-000471