STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

An Agency of the State of Florida, )

)

Petitioner, )

)

vs. ) CASE NO. 77-1654

)

JAMES ROSATI, JR., )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this cause on December 6, 1977, in St. Petersburg, Florida.

APPEARANCES

For Petitioner: Charles E. Felix, Esquire

Florida Real Estate Commission

400 West Robinson Avenue Orlando, Florida 32801

For Respondent: James Rosati, Jr., in proper person

Pursuant to a one-count administrative complaint dated June 1, 1977, the Florida Real Estate Commission (hereinafter called Plaintiff or Commission) seeks to suspend James Rosati, Jr.`s (hereinafter called Defendant) license to practice as a registered real estate broker for a period not in excess of two years based on complaint allegations that Defendant pled guilty to the offense of conspiracy to fraudulently possess and distribute counterfeit U.S. currency and to sell stolen U.S. Treasury bills in part to finance various criminal activities. Based thereon, the Plaintiff alleges that the Defendant is guilty of a crime against the laws of the United States involving moral turpitude in violation of subsection 475.25(1)(e), Florida Statutes.

Based on the testimony adduced at the hearing and the entire record compiled herein, the following relevant facts are found.

The Defendant during times material herein was a registered real estate broker and the holder of license No. 0075107. (FREC Exhibit No. 1) On August 27, 1976, Defendant pled guilty to the offense of conspiracy to fraudulently possess and distribute counterfeit U.S. currency and to sell stolen U.S. Treasury bills. (FREC Exhibit No. 2) For entering this guilty plea, the Defendant was sentenced for a period of one year and one day, the execution of which was suspended and Defendant placed on probation for a period of three years under terms and conditions normally imposed.

Defendant does not dispute the above findings. He offered the following mitigating evidence during the hearing. Defendant testified that his motivation for entering the guilty plea as set forth above was that he did not want to pursue this matter in court inasmuch as he was advised by counsel that litigation could entail a trial of up to 45 days with the normal expenses associated therewith. Defendant, at the time of entering this plea, was unaware that his license to practice as a registered real estate broker could be suspended. During Defendant's licensure as a broker, no formal charges had been brought to the Commission and his testimony indicates that he has been entrusted with large sums of money without any breach of trust. Testimony was received into evidence in the case that the Defendant, prior to the incident involved herein, was a person of unquestionable character. (Defendant's Composite Exhibit No. 1)

CONCLUSIONS OF LAW

1. The Division of Administrative Hearings has jurisdiction over this subject matter and the parties to this action, Chapter 120.57, Florida Statutes.

   
   

2. The authority of the Commission is derived from Chapter 475, Florida Statutes.

   
   

3. The parties were noticed pursuant to the notice provisions of Chapters

   120 and 475, Florida Statutes.

   
   

4. The burden of proof in these matters rests with the Florida Real Estate Commission. State ex rel Vening v Florida Real Estate Commission, 281 So.2d 487 (Fla. 1973). The Commission, having introduced herein a certified copy of a judgment and probation/commitment order dated November 19, 1976, indicating that the Defendant pled guilty to acts and conduct set forth in detail herein above in violation of Title XVIII, U.S. Code, Section 1961, 1962(c) and 1962(d), constitutes prima facie evidence of a violation of subsection 475.25(1)(e), Florida Statutes, as alleged. No evidence having been introduced to the contrary, I hereby conclude that the Defendant is guilty of conduct violative of subsection 475.25(1)(e), Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, 1 hereby recommend:

1. That the Defendant, James Rosati, Jr., license to practice as a registered real estate broker be suspended for a period of one year.

Recommended this 8th day of February, 1978, in Tallahassee, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304

COPIES FURNISHED:

Charles E. Felix, Esquire Florida Real Estate Commission

400 West Robinson Avenue Orlando, Florida 32801

James Rosati, Jr.

109 Harbor View Lane Largo, Florida 33540

Docket for Case No: 77-001654

Orders for Case No: 77-001654