STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF ARCHITECTURE, )

)

Petitioner, )

)

vs. ) CASE NO. 78-841

)

JOSEPH C. RUSSELLO, )

)

Respondent. )

)

RECOMMENDED ORDER

A formal administrative hearing was conducted in this matter on July 19, 1978, in Tampa, Florida. The following appearances were entered: Robert P. Cates, Gainesville, Florida, appeared on behalf of the Petitioner, Board of Architecture; and Raymond E. LaPorte, Tampa, Florida, appeared on behalf of Respondent, Joseph C. Russello.

On or about May 2, 1978, the Board of Architecture issued an Administrative Complaint against its licensee, Joseph C. Russello. The Respondent requested a formal administrative hearing. The final hearing was scheduled to be conducted as set out above by notice dated May 31, 1978.

At the final hearing, the Board of Architecture offered the Judgment and Commitment Order of the United States District Court for the Middle District of Florida in the case of United States of America vs. Joseph C. Russello, Docket No. 77-00083-CR-T-H. The parties stipulated that the defendant in that action was the same person as the Respondent in the instant proceeding. The Respondent testified as a witness on his own behalf. The parties stipulated that Frank Alfano, a Clearwater architect; Sidney Wilkinson, a Bradenton architect; Lyman Cowrel, a Tampa engineer; and Ted Fasnacht, a Dunedin architect, would, if called as witnesses, all testify that the Respondent has a good reputation professionally as an architect and for truth and veracity. Respondent's Exhibits No. 2 and 3 were received into evidence. Respondent's Exhibit No. 1 was marked for identification but was neither offered nor received into evidence.

At the hearing the Respondent moved for a continuance or for dismissal of the complaint on the grounds that an appeal of his conviction had been taken to the federal appellate court. Respondent contended that the judgment of guilty in a criminal case is not final under Florida law until the appeals have been concluded. This position was accepted in an Order entered by the undersigned on August 23, 1978. Further action in the matter was stayed from that date until the Respondent's appeals from the criminal conviction were exhausted. It now appears that those appeals have been concluded. By Order entered November 22, 1982, the parties were invited to submit post-hearing legal memoranda.

Petitioner has submitted a proposed recommended order which includes proposed findings of fact and conclusions of law. The proposed findings and conclusions have been adopted only to the extent that they are specifically set out in the

findings of fact and conclusions of law which follow. They have been otherwise rejected as not supported by the evidence, contrary to the evidence, irrelevant to the issues, or legally erroneous.

The Respondent's license to practice architecture has been under suspension pursuant to an Order of Summary Suspension entered by the Board of Architecture on April 27, 1978.

ISSUES

The issues to be resolved in this proceeding are whether the Respondent has violated statutory provisions relating to the practice of architecture, and, if so, what disciplinary action is appropriate.

FINDINGS OF FACT

1. The Respondent is licensed as an architect in the State of Florida. His license has been under suspension since April 27, 1978.

   
   

2. On April 7, 1978, the United States District Court for the Middle District of Florida, entered an Order adjudging the Respondent guilty of the following offenses:

   
   

   Unlawfully and knowingly conspiring with persons to commit an offense against the United States, that is: to conduct and participate in the affairs of an enterprise through a pattern of racketeering activity, participation in the conduct of these affairs, and mail fraud; in violation of Sections 1962 (d), 1962(c), 2 and 1341, Title 18, United States Code, as charged in Counts 1, 2, 28 and

   29 of the indictment.

   
   

   The Respondent was sentenced to serve ten years in prison based upon the convictions of Counts 1 and 2, and five years based upon the convictions as to Counts 28 and 29, with all four sentences to run concurrently.

   
   

3. The Respondent appealed his conviction to the Fifth Circuit Court of Appeals. His conviction was affirmed. The Respondent sought relief in the United States Supreme Court without avail. The Respondent's conviction is now final, and he has apparently begun serving his prison sentence.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Sections 120.57(1), 120.60, Florida Statutes.

   
   

5. Section 467.14(1)(e) , Florida Statutes (1977), which was in effect at the time that the Respondent was adjudicated guilty and sentenced by the United States District Court, provided that an architect's certificate of registration may be suspended or revoked upon the conviction of a felony or misdemeanor involving moral turpitude, in which case the record of conviction is conclusive evidence. The crimes which the Respondent was found guilty of committing involved moral turpitude. The nature of the crimes, and the severity of the sentence substantiate their seriousness.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby,

RECOMMENDED:

That a final order be entered by the Florida State Board of Architecture revoking the Respondent's license to practice architecture in Florida.

RECOMMENDED this 29th day of December, 1982, in Tallahassee, Florida.

G. STEVEN PFEIFFER Assistant Director

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 29th day of December, 1982.

COPIES FURNISHED:

Wings Slocum Benton, Esquire Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Raymond E. LaPorte, Esquire Park Central Office Building Suite 601

410 Ware Boulevard Tampa, Florida 33619

Mr. Herbert Coons, Jr. Executive Director Board of Architecture

130 North Monroe Street Tallahassee, Florida 32301

Mr. Fred Roche Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Docket for Case No: 78-000841

Orders for Case No: 78-000841