STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STATE OF FLORIDA, DEPARTMENT OF ) PROFESSIONAL REGULATION, FLORIDA ) REAL ESTATE COMMISSION (formerly )

Board of Real Estate), )

)

Petitioner, )

)

vs. ) CASE NO. 81-2743

)

RICHARD K. WOODIN, )

)

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 April 20, 1982 1/ in Orlando Florida.

APPEARANCES

For Petitioner: John Huskins, Esquire

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

For Respondent: Richard K. Woodin, pro se

Box 722, Room One

DeLeno Springs, Florida 32028 ISSUE

Whether the Respondent's real estate license should be suspended, revoked or the Respondent otherwise disciplined based on conduct which will be set forth hereinafter in detail.

FINDINGS OF FACT

1. Based upon the documentary evidence received, the testimony of Respondent and the entire record compiled herein, the following relevant facts are found.

   
   

2. By its Administrative Complaint filed herein on September 28, 1981, Petitioner, Board of Real Estate, Department of Professional Regulation, seeks to suspend, revoke or take other disciplinary action against the Respondent as a licensee and against his license as a real estate broker/salesman under the laws of the State of Florida.

   
   

3. Respondent is a real estate broker/salesman and has been issued License No. 0315273 by Petitioner.

4. On June 9, 1981, Respondent was charged by the State Attorney of the Seventeenth Judicial Circuit of Florida, with violations of Florida Statutes Subsection 812.014(1)(b), and Florida Statutes subsection 812.014(2)(b), criminal theft and second degree grand theft, respectively, to wit: that the Respondent did unlawfully use, or endeavor to use the property of Rus Realty, Inc. (his former employer), an IBM typewriter, of a value in excess of one- hundred dollars ($100.00), with the intent to appropriate the property to his own use or to the use of any person not entitled thereto, knowing or having reason to know said property was stolen. (Petitioner's Composite Exhibit No. 1)

   
   

5. On April 22, 1981, Respondent appeared in the Circuit Court, in and for the Seventeenth Judicial Circuit, in and for Broward County, Florida, and entered a plea of nolo contendere to the offense of grand theft and it was ordered and adjudged that the adjudication of guilt and imposition of sentence would be withheld and Respondent was placed on probation for a period of two (2) years. (Petitioner's Composite Exhibit No. 1)

   
   

6. Respondent admits to the fact that he entered a nolo contendere plea and that he was placed on probation for a period of two (2) years. However, he testified that he, while formerly employed as a salesman with Rus Realty, Inc., purchased a typewriter from a handyman who was working for Rus Realty, Inc., Tomm Marty, for which he paid one hundred fifty dollars ($150.00) cash for an IBM selective typewriter. (Respondent's late-filed Exhibit No. 1)

   
   

7. In mitigation., Respondent, while admitting to the above facts, offered that he had learned a lesson by his involvement in the above purchase of the referenced typewriter. Respondent also related the fact that he had, in addition to losing the money for the purchase of the above typewriter, expended substantial legal fees in an effort to resolve the criminal and administrative charges surrounding the above-referred incident. Respondent learned a lesson by his involvement in the above transaction and has vowed to never again be involved in any questionable acts and/or

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

9. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

10. The authority of the Petitioner is derived from Chapter 475, Florida Statutes.

    
    

11. Respondent, a licensed broker/salesman, is subject to the disciplinary provisions of Chapter 475, Florida Statutes.

    
    

12. Chapter 475.25(1)(f), Florida Statutes (1979), authorizes the Petitioner to impose disciplinary sanctions against a licensee who has been found guilty of a crime against the laws of this state . . . which involves moral turpitude or fraudulent or dishonest dealing without regard to whether adjudication was withheld. Based on Respondent's conduct as set forth hereinabove, it is concluded as a matter of law, that Respondent engaged in acts and conduct violative of Chapter 475.25(1)(f), Florida Statutes (1979).

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is hereby

RECOMMENDED:

That Respondent's broker/salesman License No. 0315273 be suspended for a period of thirty (30) days from the date of the Petitioner's final order herein 2/ .

RECOMMENDED this 21st day of July, 1982, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer 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 21st day of July, 1982.

ENDNOTES

1/ Pursuant to leave, Respondent was allowed through April 30, 1982, to submit an exhibit post-hearing. A receipt in the form of an exhibit was received from attorney Steven Greenwald, and a copy was submitted to attorney John Huskins, on behalf of Petitioner. That receipt was considered by me in preparation of this Recommended Order.

2/ In making this recommendation, the mitigating evidence, which was credited, was considered by me in preparation of this Recommended Order.

COPIES FURNISHED:

John Huskins, Esquire Department of Professional

Regulation

130 North Monroe Street Samuel R. Shorstein, Secretary Tallahassee, Florida 32301 Department of Professional

Regulation

Richard K. Woodin 130 North Monroe Street

Box 722, Room One Tallahassee, Florida 32301 DeLeno Springs, Florida 32028

Fred Wilsen, Esquire C. B. Stafford, Executive Director Department of Professional Florida Real Estate Commission

Regulation Post Office Box 1900

130 North Monroe Street Orlando, Florida 32802 Tallahassee, Florida 32301

Docket for Case No: 81-002743

Orders for Case No: 81-002743