STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 76-2195

)

WILLIAM A MANNILLA, JR., )

)

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 Federal Correctional Institution, 15801 S.W. 137th Avenue, (Unit A) South Miami, Florida, at 1:00 P.M., Tuesday, March 29, 1977.

APPEARANCES

For Petitioner: Bruce Kamelhair, Esquire

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

For Respondent: Collin Guy, Esquire

12700 Biscayne Boulevard, Suite 410 North Miami, Florida 33181

ISSUE

1. Whether or not the Respondent, William A. Mannilla, Jr., should have his real estate salesman's license suspended for the alleged adjudication of guilt in the United States District Court for the Southern District of Florida on the offense of importing a Schedule II controlled substance, cocaine, in violation of Title 21, United States Code, Section 846, which is allegedly a crime of moral turpitude, fraudulent or dishonest dealing in violation of 475.25(1)(e), F. S.

   
   

2. Whether of not the Respondent, William A. Mannilla, Jr., should have his real estate salesman's license revoked for allegedly being committed to the custody of the Attorney General of the United States of his authorized representative, for imprisonment beginning on or about June 29, 1976, which allegedly is a violation of 475.25(2), F.S.

FINDINGS OF FACT

1. Beginning July 12, 1974 and continuing through September 30, 1976, the Respondent, William A. Mannilla, Jr., was a holder of a real estate salesman's license, certificate no. 0136035, held with the State of Florida, Department of professional and Occupational Regulation, Florida Real Estate Commission.

2. On June 8, 1976 the Respondent, appeared before the United States District Court, for the Southern District of Florida, and entered a plea of guilty and was convicted of the offense of importing a controlled substance, a Schedule II, controlled substance, cocaine, in violation of Title 21, U.S.C. Section 846. The sentence was imposed against the Respondent in the name of William Anthony Mannilla. It was further adjudicated that the Respondent be committed to the custody of the Attorney General or his authorized representative for treatment and supervision pursuant to the Federal Youth Corrections Act, Title 18, U.S.C., Chapter 402, Section 5010(b) as made applicable by the Young Adult Offender provisions of Title 18, U.S.C., Section 4216, until discharged by the Youth Correction Division as provided in Section 5017(c) of the aforementioned Chapter. The sentence of confinement began on June 29, 1976 when the Respondent reported to the Federal Correction Institution, Tallahassee, Florida. Subsequently, the Respondent was confined under the sentence at the Federal Correctional Institution, 15801 Southwest 137th Avenue, South Miami, Florida, and was so confined on the date of the hearing.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

4. It is concluded as a matter of law, based upon the facts as shown, that the Respondent, William A. Mannilla, Jr., a/k/a William Anthony Mannilla was adjudged guilty in the United States District Court, for the Southern District of Florida, and was convicted of the offense of importing a controlled substance, a schedule II, controlled substance, cocaine, in violation of Title 21, U,S.C., Section 846, a crime against the laws of the United States involving moral turpitude, thereby constituting a violation of 475.25(1)(e), F.S.

   
   

5. It is concluded as a matter of law, based upon the facts as shown, that the Respondent, William A. Mannilla, Jr., a/k/a William Anthony Mannilla was committed to the custody of the attorney General or his authorized representative, for confinement in the Federal Correctional Institution at Tallahassee, Florida and was subsequently confined in the Federal Correctional Institution, 15801 S.W. 137th Avenue, South Miami, Florida, where he is still confined, and thereby was and is in violation of 475.25(2), F.S.

RECOMMENDATION

Based upon the conclusions of law, it is recommended that the license of William A. Mannilla, Jr., a/k/a William Anthony Mannilla, as a real estate salesman, certificate no. 0136035 held with the State of Florida, Department of professional and Occupational Regulation, Florida Real Estate Commission, be revoked.

DONE AND ENTERED this 8th day of April, 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 Kamelhair, Esquire Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

Collin Guy, Esquire 12700 Biscayne Boulevard

Suite 410

North Miami, Florida 33181

William A. Mannilla, Jr. c/o Warden W. J. Kenney

Federal Correctional Institution 15801 Southwest 137th Avenue Miami, Florida 33177

Docket for Case No: 76-002195

Orders for Case No: 76-002195