Judges: DIANE A. GRUBBS
Agency: Department of Business and Professional Regulation
Latest Update: Feb. 27, 1985
Summary: Whether the respondent's license as a real estate broker should be revoked, suspended, or otherwise disciplined because respondent entered a plea of guilty to the offense of unlawful compensation.Broker plead guilty to crime involving moral turpitude and dishonest dealing. Adjudication was withheld but guilty plea equivalent to being found guilty.
84-3490STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL REGULATION, ) DIVISION OF REAL ESTATE, )
)
Petitioner, )
)
vs. ) CASE NO. 84-3490
) ALBERT R. HURLBERT t/a HURLBERT REALTY, )
)
Respondent. )
)
RECOMMENDED ORDER
A hearing in this cause was held on January 18, 1985, in Jacksonville, Florida, before Diane A. Grubbs, a hearing officer of the Division of Administrative Hearings.
APPEARANCES
For Petitioner: Fred Langford, Esquire
Department of Professional Regulation Division of Real Estate
400 West Robinson Street Orlando, Florida 32801
For Respondent: Albert R. Hurlbert, pro se
c/o Hurlbert Realty 8117 Lakeland Street
Jacksonville, Florida 32205
ISSUE
Whether the respondent's license as a real estate broker should be revoked, suspended, or otherwise disciplined because respondent entered a plea of guilty to the offense of unlawful compensation.
BACKGROUND
An Administrative Complaint was filed by the Department of professional Regulation, Division of Real Estate, on September 5, 1984, charging respondent with violating Section 475.25(1)(f), Florida Statutes, by entering a plea of guilty to the criminal offense of unlawful compensation. On September 28, 1984, the respondent requested a formal hearing pursuant to Section 120.57(1), Florida Statutes.
At the hearing the petitioner offered two exhibits
which were received into evidence and the respondent testified on his own behalf.
FINDINGS OF FACT
Respondent is and was at all times pertinent to this proceeding a licensed real estate broker with the State of Florida, holding license number 0166810.
On June 18, 1982, an information was filed in the circuit court charging that between the dates of December 10, 1980 and December 1, 1981, the respondent "did corruptly request, solicit, accept or agree to accept money not authorized by law for past, present, or future performance, to wit: by sending business to Don's Alignment Shop, which said ALBERT RONALD HURLBERT did represent as having been within his official discretion in violation of a public duty or in performance of a public duty, in violation of Section 838.016, Florida Statutes."
On July 16, 1982, the respondent appeared before Judge Thomas Oakley and entered a plea of guilty to the offense of unlawful compensation as charged in the information. Adjudication of guilt was withheld and respondent was placed on probation for a period of four years. Respondent was given an early release from probation on August 30, 1984.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.
Section 475.25(1)(f), Florida Statutes (1983), authorizes the Florida Real Estate Commission to revoke a license or otherwise discipline a licensee if it finds that the licensee "[h]as 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 salesman or involves moral turpitude or fraudulent or dishonest dealings."
In Bruner v. Board of Real Estate, Department of Professional Regulation, 399 So. 2d 4 (Fla. 5th DCA 1981) the court found that entering a plea of guilty was the equivalent of being "found guilty" or having "been guilty" under Section 475.25(1)(f), Florida Statutes.
The offense of unlawful compensation is a crime which "involves moral turpitude or fraudulent or dishonest dealing."
RECOMMENDATION
Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Florida Real Estate Commission enter an order finding
that the respondent has been convicted or found guilty of a crime which involves moral turpitude or fraudulent or dishonest dealing and revoking the respondent's real estate license.
DONE and ENTERED this 27th day of February, 1985, in Tallahassee, Florida.
DIANE A. GRUBBS
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 27th day of February, 1985.
COPIES FURNISHED:
Fred Langford, Esquire Department of Professional
Regulation
Division of Real Estate
400 West Robinson Street Orlando, Florida 32801
Mr. Albert R. Hurlbert c/o Hurlbert Realty 8117 Lakeland Street
Jacksonville, Florida 32205
Salvatore A. Carpino, Esquire Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32301
Fred Roche, Secretary Department of Professional
Regulation
130 North Monroe Street Tallahassee, Florida 32303
Howard Huff Executive Director
Division of Real Estate
P. O. Box 1900 Orlando, FL 32802
Docket for Case No: 84-003490
Orders for Case No: 84-003490
| Issue Date |
Document |
Summary |
|
Feb. 27, 1985 |
Recommended Order
|
Broker plead guilty to crime involving moral turpitude and dishonest dealing. Adjudication was withheld but guilty plea equivalent to being found guilty.
|
