STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

Calvin V. Lane, Rep., )

)

Petitioner, )

)

vs. ) CASE NO. 77-907

)

GEORGE H. LOWE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Diane D. Tremor, Hearing Officer with the Division of Administrative Hearings, at 10:00

1. on August 15, 1977, in the Fourth Floor Conference Room, City Hall, 2200 2nd Street, Ft. Myers, Florida.

   
   

   APPEARANCES

   
   

   For Petitioner: Bruce I. Kamelhair

   Staff Attorney

   Florida Real Estate Commission 2699 Lee Road

   Winter Park, Florida 32789

   
   

   For Respondent: George H. Lowe

   Post Office Box 445

   Bonita Springs, Florida 33923 FINDINGS OF FACT

   Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found:

   
   

   1. At all times pertinent to this proceeding, respondent Lowe was a registered real estate broker with petitioner, currently holding Certificate Number 0053500. (Exhibit 1)

      
      

   2. On October 29, 1975, an information was filed in the Circuit Court of the Twentieth Judicial Circuit of the State of Florida charging respondent with grand larceny. (Exhibit 2)

      
      

   3. Respondent was found guilty by jury verdict of the offense of attempted grand larceny. On August 23, 1976, respondent was adjudged guilty of attempted grand larceny by the Circuit Court of Lee County, Judge Thomas W. Shands, placed on probation for a period of one year, ordered to pay $1,000.00 to the Lee County fine and forfeiture fund within six months and ordered to make restitution in a reasonable amount. (Exhibit 3)

   4. The charges for which respondent was ultimately found guilty arose from a real estate transaction.

      
      

   5. By an administrative complaint dated April 20, 1977, petitioner seeks to revoke, suspend or otherwise discipline respondent's license and right to practice thereunder on the grounds that respondent has been guilty of a crime involving moral turpitude, or fraudulent or dishonest dealing in violation of F.S. 475.25(1)(e).

      
      

      CONCLUSIONS OF LAW

      
      

   6. Florida Statutes 475.25(1)(e) provides in pertinent part that a registrant's registration may be suspended for a period not exceeding two years upon a finding of facts showing that the registrant has been guilty of a crime against the laws of this state involving moral turpitude or fraudulent or dishonest dealing. Here, respondent was found and adjudicated guilty of attempted grand larceny under circumstances arising from a real estate transaction. Larceny is the felonious intent to steal and take the personal property of another with intent to deprive the owner thereof of his property. The crime of attempted grand larceny thus involves moral turpitude, and also fraudulent or dishonest dealing. The sanction of suspension of respondent's registration is an authorized penalty under the real estate license law.

RECOMMENDATION

Based upon the findings of fact and conclusions of law recited above, it is recommended that respondent be found guilty of violating F.S. 475.25(1)(e), and that his registration be suspended for a period of forty-five (45) days.

Respectfully submitted and entered this 8th day of September, 1977, in Tallahassee, Florida.

DIANE D. TREMOR, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Bruce I. Kamelhair Staff Attorney

Florida Real Estate Commission 2699 Lee Road

Winter Park, Florida 32789

George H. Lowe

Post Office Box 445

Bonita Springs, Florida 32923

Docket for Case No: 77-000907

Orders for Case No: 77-000907