STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION ) BY A.D. SAKER, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1808

)

DALLAS NORMAN HOUSE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a hearing was held before Charles C. Adams, a Hearing Officer with the Division of Administrative Hearings, at the Administrative Building, Eglin Federal Prison Camp, Eglin Air Force Base, Florida, at 10:00

1. Central Standard Time on Tuesday, December 28, 1976.

   
   

   APPEARANCES

   
   

   For Petitioner: Bruce I. Kamelhair, Esquire

   Staff Counsel

   Florida Real Estate Commission 2699 Lee Road

   Winter Park, Florida 32789

   
   

   For Respondent: Dallas Norman House

   c/o Superintendent E.V. Aiken Eglin Federal Prison Camp Post Office Box 600

   Eglin Air Force Base Eglin, Florida 32542

   
   

   ISSUE

   
   

   1. Whether or not on or about October 24, 1975, the Respondent, Dallas Norman House was convicted upon a plea of not guilty and a verdict of guilty of the offense of unlawfully and knowingly possessing marijuana, a Schedule I controlled substance, in violation of Subsection 841(a)(1), Title 21, United States Code, and unlawfully, knowingly and intentionally importing marijuana, a Schedule I controlled substance, into the United States, in violation of Subsection 952(a), Title 21, United States Code, and thereby was guilty of a crime against the laws of the United States, involving moral turpitude, fraudulent or dishonest dealing in violation of 475.25(1)(e), F.S.

      
      

   2. Whether or not the Respondent, Dallas Norman House, was committed to the custody of the Attorney General of the United States or his authorized representative for imprisonment for a period of five (5) years on each of counts one and two of the aforementioned charges and that the execution of those sentences should run concurrently, to be followed by a parole term of five (5)

years and thereby is guilty of a violation of 475.25(2), F.S., by being confined in a state or federal prison.

FINDINGS OF FACT

1. The Respondent, Dallas Norman House, is registered as a non-active salesman under certificate no. 0041416 held with the Petitioner, Florida Real Estate Commission since October 1, 1976. Prior to that date the Respondent held the same certificate number as an active salesman beginning October 4, 1974 through September 30, 1976. Copies of these registrations may be found as part of Petitioner's Composite Exhibit #1, admitted into evidence.

   
   

2. On October 24, 1975, the Respondent, Dallas Norman House, was adjudged guilty upon his plea of not guilty and a verdict of guilty of the offenses of;

   (1) unlawfully and knowingly possessing marijuana a Schedule I controlled substance, in violation of 841(a)(1), Title 21, United States Code; and (2) unlawfully, knowingly and intentionally importing marijuana, a Schedule I controlled substance into the United States, in violation of 952(a), Title 21, United States Code. The Respondent was adjudged guilty and convicted, and committed to the custody of the Attorney General of the United States or his authorized representative for imprisonment for a period of five (5) years on each of the two counts with the execution of the two sentences to run concurrently, to be followed by a parole term of five (5) years. The terms of the judgement and commitment may be found in Petitioner's Exhibit #2, admitted into evidence.

   
   

3. On August 2, 1976, the Respondent, Dallas Norman House surrendered himself at the Federal Prison Camp, Eglin Air Force Base, Florida to begin the service of the aforementioned sentences as imposed and at the time of the hearing was serving that sentence.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction in this cause.

   
   

5. It is concluded as a matter of law that on or about October 24, 1975, the Respondent, Dallas Norman House, was convicted upon a plea of not guilty and a verdict of guilty of the offenses of (1) unlawfully and knowingly possessing marijuana, a Schedule I controlled substance, in violation of s 841(a)(1), Title 21, United States Code; and (2) unlawfully, knowingly and intentionally importing marijuana, a Schedule I controlled substance, into the United States, in violation of 952(a), Title 21, United States Code, which are crimes against the laws of the United States and would constitute moral turpitude. For such conviction the Respondent, Dallas Norman House, is held to be in violation 475.25(1)(e), F.S., and subject to the penalties therein.

   
   

6. For the conviction as set forth in paragraph two of these conclusions of law, the Respondent, Dallas Norman House, was committed to the custody of the Attorney General of the United States, or his authorized representative for imprisonment for a period of five (5) years on each of the aforementioned counts, the execution of these sentences to run concurrently, to be followed by a parole term of five (5) years. The Respondent commenced serving the sentence on August 2, 1976, and was serving the sentence at the time of the hearing. By reason of the conviction and sentence, the Respondent, Dallas Norman House, has been confined in a prison in the United States and is guilty of a violation of 475.25(2), F.S., and subject to the penalties- therein.

RECOMMENDATION

Based upon the findings of fact and conclusions of law in this cause, it is recommended that the Petitioner, Florida Real Estate Commission, revoke the registration of the Respondent, Dallas Norman House, certificate no. 0041416.

DONE and ORDERED this 4th day of February, 1977, in Tallahassee, Florida.

CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Bruce I. Kamelhair, Esquire Staff Counsel

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Dallas Norman House

c/o Superintendent E.V. Aiken Post Office Box 600

Eglin Air Force Base Eglin, Florida 32542

Docket for Case No: 76-001808

Orders for Case No: 76-001808