STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA BOARD OF REAL ESTATE, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1230

) P.D. 3452-DADE COUNTY

JOSEPH MATRASCIA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, hold a public hearing in the above styled case on July 20, 1979 at Miami, Florida.

APPEARANCES

For Petitioner: Manuel E. Oliver, Esquire

Staff Attorney

Board of Real Estate

400 West Robinson Street Orlando, Florida 32802

For Respondent: Joseph Matrascia

9275 Southwest 42nd Terrace Miami, Florida 33165

By Administrative Complaint filed 17 May 1979 the Florida Real Estate Commission, now the Florida Board of Real Estate (FBRE), Petitioner, seeks to suspend or otherwise discipline the broker-salesman registration of Joseph Matrascio, Respondent. As grounds therefor it is alleged that on September 22, 1976 Respondent was convicted in the courts of this state of a crime involving moral turpitude.

Two exhibits were admitted into evidence and Respondent testified in his own behalf.

FINDINGS OF FACT

1. Joseph Matrascia, Respondent, is registered with FBRE as a broker- salesman and was so registered at all times here involved.

   
   

2. On 22 September 1976, Respondent was found guilty in the Circuit Court of the 11th Judicial Circuit in and for Dade County, of the offense of receiving stolen property (Exhibit 1) and of obstructing an officer in the service of process. He was sentenced to two years confinement in the State penitentiary followed by a 6 months sentence and three years probation.

3. This judgment was affirmed on appeal. Petitioner is presently attempting to obtain a new trial on the basis of newly discovered evidence.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of these proceedings.

   
   

   Section 475.25(1), Florida Statutes, provides in pertinent part:

   The registration of a registrant may be suspended for a period not exceeding 2 years upon a finding of facts showing that

   the registrant has:

   (e) Been guilty of a crime against the laws of this state or any other state or of the United States, involving moral turpitude, or fraudulent or dishonest dealing . . .

   
   

5. The offense of receiving stolen property is a felony and involves moral turpitude. cf. Carp v. Florida Real Estate Commission, 211 So.2d 240(Fla. 3rd DCA 1968).

   
   

6. From the foregoing it is concluded that Respondent has been found guilty by a court of this state of a crime involving moral turpitude and that his license is subject to suspension.

It is therefore

RECOMMENDED that the registration of Joseph Matrascia as a broker-salesman be suspended for a period of two years.

Entered this 7th day of August, 1979.

K.N. AYERS Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 7th day of August, 1979

COPIES FURNISHED:

Manuel E. Oliver, Esquire Staff Attorney

Board of Real Estate

400 West Robinson Street Orlando, Florida 32802

Mr. Joseph Matrascia

9275 Southwest 42nd Terrace Miami, Florida 33165

Docket for Case No: 79-001230

Orders for Case No: 79-001230