STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION ) ex rel. RICHARD YELVINGTON, )

)

Petitioner, )

)

vs. ) CASE NO. 76-822

) P.D. 2749

1. J. COWART, )

   )

   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 case on November 9, 1976 at Jacksonville, Florida.

   
   

   APPEARANCES:

   
   

   For Petitioner: Louis B. Guttmann, III, Esquire and

   Richard J.R. Parkinson, III, Esquire Staff Attorneys

   Florida Real Estate Commission 2699 Lee Road

   Winter Park, Florida 32789

   
   

   For Respondent: Judson Freeman, Esquire

   1202 Barnett Bank Building Jacksonville, Florida

   
   

   By Administrative Complaint filed November 3, 1975 FREC ex rel. Richard J. Yelvington, seeks to revoke, suspend, or otherwise discipline the real estate broker's license of W.J. Cowart. As grounds there for it is alleged that Respondent was convicted in the U.S. District Court, Middle District of Florida, Jacksonville Division, of violating 18 USC 1012 and 2(a) by knowingly and unlawfully aiding and abetting Larry E. Williams in receiving a political contribution in the amount of $5,000 for Senator Edward J. Gurney with intent to defeat the purposes of the Department of Housing and Urban Development, a department of the United States. Two exhibits were admitted into evidence, Respondent testified in his own behalf, and three character witnesses testified in behalf of the Respondent.

   
   

   FINDINGS OF FACT

   
   

   1. On January 17, 1975 Respondent pleaded guilty in the U.S. District Court for the Middle District of Florida, Jacksonville Division, of knowingly and unlawfully aiding and abetting Larry E. Williams in the receipt of compensation, that is, a political contribution in the amount of Five Thousand Dollars ($5,000) for Edward J. Gurney with intent to unlawfully defeat the purposes of the Department of Housing and Urban Development, a Department of the

      United States; in violation of Title 18 USC 1012 and 2(a) as charged in Count I of the Information.

      
      

   2. The court adjudged Respondent guilty as charged, withheld the imposition of sentence and placed Respondent on probation for a period of one year.

      
      

   3. Violation of the above provisions of the U.S. Code constitutes a misdemeanor.

      
      

   4. In defense of his conduct Respondent testified without contradiction that he was a member of a venture called Minorca Arms formed for the purpose of building apartments to be financed by FHA. The approval of the application for financing had been delayed by FHA and one member of the venture, Walton, who was heading the venture, told Respondent that he, Walton, thought that if a $5,000 donation to Senator Gurney's campaign in a cash contribution was made to Williams it might assist in getting the commitment out of FHA.

      
      

   5. Shortly thereafter Williams, who Respondent never saw before or after the visit, came to Jacksonville, was picked up by Walton, brought by Respondent's office where an envelope containing $5,000 was picked up by Williams. No mention of the FHA commitment or anything related there to was made during the few minutes Williams was in Respondent's office. The project was subsequently approved by FHA as was two additional projects

      subsequently applied for.

      
      

   6. Respondent has been a registered real estate broker in Florida for approximately 30 years. Since 1947 he has been engaged in sales, promotion, development, and construction of real property. During this period he has had business dealings with Stockton, Whatley, and Davin, Inc. involving millions of dollars. He enjoys an excellent reputation in the community for his work in community affairs, as well as in business dealings with his associates and others with whom he has been involved. He has never before been convicted of a crime or been involved with a complaint by the Florida Real Estate Commission against his license.

      
      

      CONCLUSIONS OF LAW

      
      

   7. By his plea of guilty Respondent has admitted all facts well pleaded. Tolar v. State, 196 S.2d 1 (Fla. App. 1967). Thus he has acknowledged that he knowingly made a political contribution with intent to unlawfully defeat the purposes of Department of Housing and Urban Development. Although this offense is a misdemeanor it nevertheless involves fraudulent dealing and moral turpitude.

      
      

   8. Section 475.25(1)(e) F.S. provides that the registration of a registrant may be suspended for a period not exceeding two years upon a finding of fact that the registrant has:

      
      

      "Been guilty of a crime against the laws of . . . the United States, involving moral turpitude,

      or fraudulent or dishonest dealing "

      
      

      From the foregoing it is concluded that Respondent is guilty as alleged.

   9. In view of Respondent's long and distinguished career in the field of real estate and his reputation among his peers and in the community in which he has practiced for 30 years outright suspension of his registration does not appear warranted in this case. It is therefore,

RECOMMENDED that the registration of W.J. Cowart as a real estate broker be suspended for a period of ninety (90) days. It is further,

RECOMMENDED that the suspension be stayed for a period of six (6) months at the expiration of which, unless the stay is sooner vacated for good cause shown, the suspension be set aside.

DONE and ENTERED this 18th day of November, 1976, in Tallahassee, Florida.

K.N. AYERS Hearing Officer

Division of Administrative Hearings

Room 530 Carlton Building Tallahassee, Florida 32304

COPIES FURNISHED:

Louis B. Guttmann, III, Esquire Richard J. R. Parkinson, III, Esquire 2699 Lee Road

Winter Park, Florida 32789

Judson Freeman, Esquire 1202 Barnett Bank Building Jacksonville, Florida

Docket for Case No: 76-000822

Orders for Case No: 76-000822