STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA REAL ESTATE COMMISSION, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1435

)

POLLY A. STEWARD, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on January 26, 1979, in Jacksonville, Florida. The following appearances were entered: Fred Langford, Orlando, Florida, for the Petitioner, Florida Real Estate Commission; and Polly A. Steward, the Respondent, who appeared on her own behalf. The Respondent was accompanied and assisted by Larry Burris, a Federal Probation Officer.

On or about June 28, 1978, the Florida Real Estate Commission issued an administrative complaint against the Respondent, Polly A. Steward. The Respondent requested a hearing, and the Commission forwarded the matter to the office of the Division of Administrative Hearings for the assignment of a Hearing Officer and the scheduling of a hearing. After being twice continued, the final hearing was scheduled to be conducted as set out above by notice dated November 27, 1978. At the final hearing the Commission called no witnesses, but presented Petitioner's Exhibits 1 and 2 into evidence. Larry Hurris, a Federal Probation Officer appeared and testified on behalf of the Respondent.

FINDINGS OF FACT

1. The Respondent, at all times material to this matter, has been registered with the Florida Real Estate Commission as a real estate salesman.

   
   

2. On or about April 3, 1978, the United States District Court for the Middle District of Florida, Jacksonville Division, entered a judgment and commitment order which adjudicated the Respondent guilty of the offense of shoplifting on a military reservation in violation of Section 812.022, Florida Statutes. The Respondent pled guilty to the offense, and the adjudication was based upon her plea. A short sentence was imposed, the execution of which was suspended; a fine was imposed; and she was placed on supervised probation for a period of two years, with several special conditions of probation. The Respondent was directed to undergo psychiatric or psychological care and counselling.

   
   

3. The Respondent is being supervised in her probation by Larry Burris, a Federal Probation Officer. Officer Burris testified on her behalf at the hearing. The Respondent had never been in any serious trouble prior to the incidents giving rise to the shoplifting charges, and she has been cooperative

   during the period of her probation. The expiration date of her probation is April, 1980, but it is possible that she will be released from probation before that date. The Respondent has undergone psychiatric care and treatment during her probation. Reports from her physician indicate that she has confronted serious emotional difficulties that she had, that her condition has improved, and that she will soon be released from psychiatric care.

   
   

4. The Respondent is not presently working as a real estate salesman.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. Section 475.25(1), Florida Statutes provides in pertinent part as follows:

   
   

   The registration of a registrant may be suspended for a period not exceeding two years, or until compliance with a lawful order imposed in the final order of suspension, or both, upon a finding of fact showing that the registrant has:

   * * *

   (e) Been guilty of a crime against the laws of this state or any other state or

   the United States involving moral turpitude, or fraudulent or dishonest dealings; and the record of a conviction certified or authen- ticated in such form as to be admissible evidence under the laws of the state, shall be admissible as prima facie evidence of such guilt ...

   
   

   The crime against the United States of which the Respondent was found guilty involves moral turpitude.

   
   

7. In considering an appropriate penalty to be imposed against the Respondent, the gravity of the offense that she committed should be considered. Shoplifting is clearly an anti-social act; however, it is not of the most severe sort. Furthermore, the fact that the Respondent had never been in trouble previously, the fact that the Respondent has been cooperative during the course of her probation, and the fact that the Respondent has apparently resolved emotional difficulties which in part caused her to commit the criminal offense, should all be considered. The registration of the Respondent should be suspended for a period of sixty (60) days.

RECOMMENDED ORDER

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

RECOMMENDED:

That a final order be entered finding the Respondent guilty of the charges alleged in the Administrative Complaint, and suspending the Respondent's registration as a real estate salesman for a period of two years.

RECOMMENDED this 31st day of January, 1979, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

COPIES FURNISHED:

Fred Langford, Esquire

Florida Real Estate Commission

400 W. Robinson Avenue Orlando, Florida 32801

Polly A. Steward

8483 County Creek Blvd. Jacksonville, Florida 32205

================================================================= AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

FLORIDA REAL ESTATE COMMISSION

FLORIDA REAL ESTATE COMMISSION,

Petitioner,

vs. CASE NO. 78-1435

Progress Docket No. 3364

POLLY A. STEWARD, Duval County

Respondents.

/

FINAL ORDER

At a regular meeting of the Florida Real Estate Commission held at the Executive Headquarters in Orlando, Florida, on February 13, 1979,

Present: Levie D. Smith, Jr. Chairman Arthur N. Hamel, Vice Chairman Virginia H. Bishop, Member Garth C. Reeves, Jr., Member

Appearances: Fred Langford, Attorney for Petitioner No appearance for Respondent

This matter came on for Final Order upon the Hearing Officer's Recommended Order, no exceptions having been filed by the Petitioner or Respondent, and upon consideration thereof, together with the record, and the Commission being fully advised in the premises finds:

1.

Accordingly to the records of the commission, Defendant Polly A. Steward is presently registered with the Commission as a nonactive salesman whose address is 8483 County Creek Boulevard, Jacksonville, Florida 32205.

2.

The Hearing Officer's Findings of Fact, Conclusions of Law and Amended Recommended Order are supported by competent, substantial evidence in the record and should be adopted as the order of the Commission.

IT IS THEREFORE ORDERED:

1. That the Hearing Officer's Findings of Fact, Conclusions of Law and Amended Recommended Order be, and the same are hereby adopted as the Order of the Commission.

   
   

2. That the Defendant be, as she is hereby, adjudged guilty of violating Subsection 475.25(1)(d), Florida Statutes, as charged in the Administrative Complaint.

   
   

3. That for such violation the Defendant be, and she is hereby, suspended for a period of 60 days, said suspension to become effective upon the effective date of this Order as provided by law.

   
   

4. That the Defendant Polly A. Steward shall immediately send her certificate of registration as a nonactive real estate salesman to the Florida Real Estate Commission Executive Headquarters in Orlando, Florida, by return mail.

DONE and ORDERED at Orlando, Florida this 14th day of March, 1979.

BY ORDER OF THE COMMISSION

Levie D. Smith, Jr. Chairman

Arthur N. Hamel Vice Chairman

Virginia H. Bishop Member

Garth C. Reeves, Jr. Member

CERTIFICATE OF MAILING

I HEREBY CERTIFY that I mailed a copy of the foregoing Final Order to Defendant Polly A. Steward, whose registered address is 8483 County Creek Boulevard, Jacksonville, Florida 32205, by United States registered mail this 14th day of March, 1979.

NOTICE TO DEFENDANT:

(Signed) C. B. STAFFORD

Executive Director

This Order shall become effective the 16th day of April, 1979. However, you have a right to review by an Appellate Court if you desire.

You are to comply with this Order, and we are enclosing an envelope for your convenience in returning your certificate.

Docket for Case No: 78-001435

Orders for Case No: 78-001435