STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL REGULATION, ) DIVISION OF REAL ESTATE, )

)

Petitioner, )

)

vs. ) CASE NO. 84-1202

) ERNEST PAGE and PAGE REALTY, INC., )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William B. Thomas, held a formal hearing in this case on May 2, 1985, in Orlando, Florida. Subsequently, the Petitioner submitted proposed findings of fact and conclusions of law. These have been considered and largely adopted. Except where the proposed findings submitted are subordinate, cumulative, immaterial, or unnecessary, a ruling on each has bean made either directly or indirectly. Nothing has been received from the Respondents.

APPEARANCES

FOR PETITIONER: James H. Gillis, Esquire

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801

FOR RESPONDENTS: Edward R. Kirkland, Esquire

126 East Jefferson Street Orlando, Florida 32801

By Administrative Complaint filed on February 28, 1984, the Petitioner charged that the Respondent (1) is guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme or device, culpable negligence and breach of trust, in violation of Subsection 475.25(1)(b), Florida Statutes; and (2) is guilty of having been convicted or found guilty of a crime involving moral turpitude and fraudulent or dishonest dealing, in violation of Subsection 475.25(1)(f), Florida Statutes.

Petitioner offered four exhibits which were received in evidence, but presented no witnesses. The Respondent, Ernest Page, testified in his own behalf.

FINDINGS OF FACT

1. The Respondents, Ernest Page and Page Realty, Inc. are licensed as real estate brokers in the State of Florida, having been issued license numbers 0187380 and 0223391, respectively.

2. From approximately July 28, 1983, to approximately August 11, 1983, the Respondent, Ernest Page, knowingly obtained or used, or endeavored to obtain or use, certain personal property, including typewriters, copy machines, a television receiver, and a stereo receiver, each of which was valued at $100.00 or more, which was the property of Stewart Hudson or Michael Bethea, with the intent to temporarily or permanently deprive the owners thereof, and to appropriate this property to their own use. The Respondent, Ernest Page, had received and was in possession of property that he knew or had reason to know was stolen. The Administrative Complaint tracked the charging language of the information filed against the Respondent, Ernest Page, in the Circuit Court of the 9th Judicial Circuit of Florida.

   
   

3. The Respondent, Ernest Page, was found guilty of six counts of grand theft second degree by a jury on January 31, 1984. He was adjudicated guilty by judgment dated March 28, 1984, of six counts of grand theft second degree, which crimes are punishable as third degree felonies.

   
   

4. The Respondent, Ernest Page, was sentenced on March 28, 1985.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this case, pursuant to Section 120.57(1), Florida Statutes. The Petitioner is an agency of the State of Florida charged with enforcing the provisions of Chapter 475, Florida Statutes, and with seeking the sanctions authorized by law for violation of the standards set for the practice of the real estate profession in Florida.

   
   

6. Subsection 475.25(1), Florida Statutes, provides that the Real Estate Commission may suspend a real estate license for a period not exceeding 10 years; may revoke a license; may impose an administrative fine not to exceed

   $1,000.00 for each count or separate offense; and may issue a reprimand, or any and all of the foregoing, if it finds that the licensee:

   
   

   (b) Has been guilty of fraud, misrepresenta- tion, concealment, false pretenses, dishonest dealing by trick scheme, or device, culpable negligence, or breach of trust in any business transaction. . . or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme. It is immaterial to the guilt of the licensee that the victim . . . of the misconduct has sustained no damage or loss; that the damage or loss has been settled and paid after discovery of the misconduct; or that such victim . . . was a customer or a person in confidential relation with the licensee. . . .

   
   

   (f) Has been convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the activities of a licensed broker or

   involves moral turpitude or fraudulent or dishonest dealing. . . . The record of a

   conviction certified or authenticated in such form as to be admissible in evidence under the laws of the state shall be admissible as prima facie evidence of such guilt.

   
   

7. While the Respondent, Ernest Page, was licensed as a broker, he was convicted, by a jury of six counts of felonious theft of property. The Petitioner presented certified or authenticated copies of the record of his conviction, and it has thereby met its burden to prove the charges in the Administrative Complaint. The crimes committed by the Respondent, Ernest Page, are acts involving moral turpitude, and they demonstrate his unworthiness to be trusted with deposits of money, or to assume the other responsibilities of trust required of professional real estate brokers. He should not continue to be licensed to practice this profession. Likewise, the license of the corporate broker bearing his name, and qualified by him during the period of time when he was so convicted, should also be revoked.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that real estate broker's license numbered 0187380 and 0223391,

held by the Respondents, Ernest Page and Page Realty, Inc., respectively, be revoked.

THIS RECOMMENDED ORDER entered this 31st day of May, 1985, in Tallahassee, Leon County, Florida.

WILLIAM B. THOMAS

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 31st day of May, 1985.

COPIES FURNISHED:

James H. Gillis, Esquire

400 West Robinson Street

P. O. Box 1900 Orlando, Florida 32801

Edward R. Kirkland, Esquire

126 E. Jefferson Street Orlando, Florida 32801

Fred Roche, Secretary Department of Professional

Regulation

130 North Monroe Street Tallahassee, Florida 32301

Salvatore A. Carpino, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32301

Harold Huff, Executive Director Department of Professional Regulation

400 West Robinson Street

P. O. Box 1900 Orlando, Florida 32802

Docket for Case No: 84-001202

Orders for Case No: 84-001202