STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION ) BY CALVIN V. LANE, )

)

Petitioner, )

)

vs. ) CASE NO. 76-1809

)

EDWARD J. BALL, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice a hearing was held before Charles C. Adams, a Hearing Officer, with the Division of Administrative Hearings, on December 7, 1976 at the Florida Real Estate Commission Office, Courtney Building, Suite 201, 2069 First Street, Ft. Myers, Florida. The Respondent, Edward J. Ball, Jr., did not appear although notice of hearing had been forwarded to him by certified mail return receipt requested. A copy of that notice of hearing and return receipt request is made a part of the record.

APPEARANCES

For Petitioner: Frederick H. Wilsen, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789 FINDINGS OF FACT

1. The Respondent, Edward J. Ball, Jr., is the holder of a non-active salesman's license with the State of Florida, Florida Real Estate Commission, certificate no. 0113817. This statement of registration is evidenced by Petitioner's composite Exhibit #1, admitted into evidence. After being charged before the Circuit Court, Collier County, Florida, for the offense of possession of marijuana, the Respondent plead guilty on April 8,1974. After entering such plea the Respondent was placed on three years probation after serving 30 days in the county jail with credit for time served. This plea was to an offense which is against the laws of the State of Florida, and is considered a crime in the State of Florida. A copy of the order withholding the adjudication of guilt and placing the defendant on probation is Petitioner's Exhibit #2, admitted into evidence.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

3. It is concluded as a matter of law, based upon the

facts as shown, that the Respondent has violated 475.25(1)(a), F.S.

RECOMMENDATION

Based upon the violation as established in this administrative complaint, it is recommended that the non-active

real estate salesman's license, certificate no. 0113817 held by Edward J. Ball, Jr. be suspended for a period of six months.

DONE and ENTERED this 22nd day of December, 1976, in Tallahassee, Florida.

CHARLES C. ADAMS

Hearing Officer

Division of Administrative Hearings Room 101, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 22nd day of December, 1976

COPIES FURNISHED:

Frederick H. Wilsen, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Mr. Edward J. Ball, Jr. 1640 Dufossate, Apartment G

New Orleans, Louisiana 30115

Docket for Case No: 76-001809

Orders for Case No: 76-001809