STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL )

REGULATION, DIVISION OF )

REAL ESTATE, )

)

Petitioner, )

)

vs. ) Case No. 85-3490

)

DENNIS R. BELL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the above matter was heard before the Division of Administrative Hearings by its duly designated Hearing Officer, Donald R. Alexander, on December 17, 1985 in Orlando, Florida.

APPEARANCES

For Petitioner: Susan J. Hartmann, Esquire

Post Office Box 1900 Orlando, Florida 32802

For Respondent: No appearance.

BACKGROUND

By a four count administrative complaint filed on March 6, 1985, petitioner, Department of Professional Regulation, Division of Real Estate, has charged that respondent, Dennis R. Bell, licensed as a real estate salesman by petitioner, had violated Subsections 475.25(1)(f) and (p), Florida Statutes, for which disciplinary action against his license should be taken.

Generally, petitioner has alleged that respondent entered a plea of guilty to a two-count federal indictment charging respondent with (a) conspiracy to import a controlled substance and (b) to possess with intent to distribute a controlled substance (marijuana) in violation of Title 21, U.S. Code, Sections 812, 841, 846, 952 and 963. Petitioner alleges that by pleading guilty to the first count, Bell violated Subsection 475.25(1)(f), Florida Statutes, which prohibits a licensee from having been found guilty of a crime involving moral turpitude (Count I), and

with having failed to notify petitioner that he was convicted of a felony as required by Subsection 475.25(1)(p), Florida Statutes (Count II). By pleading guilty to the second count of the federal indictment, it is alleged that respondent also violated the same two statutes (Counts III and IV).

Respondent disputed the above allegations and requested a formal hearing pursuant to Subsection 120.57(1), Florida Statutes. The matter was referred to the Division of Administrative Hearings by petitioner on October 7, 1985, with a request that a hearing officer be assigned to conduct a formal hearing. By notice of hearing dated October 25, 1985, the final hearing was scheduled for December 17, 1985 in Orlando, Florida.

At final hearing petitioner offered petitioner's exhibits 1-3. All were received in evidence.

There is no transcript of hearing. Petitioner waived its right to file proposed findings of fact and conclusions of law.

At issue herein is whether respondent's real estate salesman license should be disciplined for the alleged violations set forth in the administrative complaint.

Based upon all of the evidence, the following findings of fact are determined:

FINDINGS OF PACT

1. At all times relevant hereto, respondent, Dennis R. Bell, held real estate salesman license number 0191482 issued by petitioner, Department of Professional Regulation, Division of Real Estate (Division). His current mailing address is FCI, ECU 2, Post Office Box 2000, Lexington, Kentucky 40511.

   
   

2. On or about May 21, 1984, respondent pled guilty to "willfully and knowingly conspiring, combining, and confederating, and agreeing with others to both import into the United States from a place outside thereof and to possess with intent to distribute and to distribute, marijuana, a controlled substance listed in Schedule I, Title 21, United State Code, Section 812; in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(6), 846, 952(a) arid 963, as charged in Counts One and Two of the Indictment." Respondent was sentenced to a term of imprisonment of five years on Count I and three years on Count II, the latter term to run consecutive to the sentence imposed in Count I.

   
   

3. Respondent did not personally notify the Division that he had been convicted of a felony. However, his former broker-

   employer, Larry Roberts, Inc., did notify the Division on July 6, 1984 of his conviction.

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes.

   
   

5. Respondent is charged with two violations of Subsections 475.25(1)(f) and (p), Florida Statutes, by having been convicted of two crimes involving moral turpitude (Counts I and III), and with having failed to notify the Division within thirty days after his plea of guilty to two felony counts as required by Subsection 475.25(1)(p), Florida Statutes (Counts II and IV).

   
   

6. The evidence clearly and convincingly establishes that respondent has been convicted of a crime involving moral turpitude, and with having failed to timely notify the Division of his conviction. Therefore, the allegations in Counts I-IV have been proven.

   
   

7. Petitioner's counsel has recommended revocation of respondent's real estate license. Under the circumstances herein, such a penalty appears to be appropriate.

RECOMMENDATION

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

RECOMMENDED that respondent be found guilty as charged in the administrative complaint, and that his real estate salesman license be REVOKED.

DONE and ORDERED this 27th day of January, 1986, in Tallahassee, Florida.

DONALD R. ALEXANDER, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 27th day of January, 1986.

COPIES FURNISHED:

Susan J. Hartmann, Esquire

P. O. Box 1900

Orlando, Florida 32802

Mr. Dennis R. Bell FCI, ECU-2

P. O. Box 2000

Lexington, Kentucky 40511

Salvatore Carpino, Esquire

130 N. Monroe St. Tallahassee, Florida 32301

Mr. Harold R. Huff, Director Division of Real Estate

400 West Robinson St. Orlando, Florida 32801

Docket for Case No: 85-003490

Orders for Case No: 85-003490