Judges: LARRY J. SARTIN
Agency: Department of Business and Professional Regulation
Latest Update: Jul. 27, 1987
Summary: Real estate license revoked. Respondent found guilty of 9 felony counts, including murder, sentenced to multiple life sentences.
87-0961STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF PROFESSIONAL ) REGULATION, DIVISION OF REAL ) ESTATE, )
)
Petitioner, )
vs. ) CASE NO. 87-0961
)
STEVEN WAYNE BENSON, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to written notice, a formal hearing was held in this case before Larry J. Sartin, a duly designated Hearing Officer of the Division of Administrative Hearings, on June 26, 1987, in Raiford, Florida.
APPEARANCES
For Petitioner: James R. Mitchell, Esquire
Senior Attorney
Department of Professional Regulation Division of Real Estate
400 West Robinson Street Orlando, Florida 32802
For Respondent: Steven Wayne Benson, pro se
Union Correctional Institution #104033 66-113-1
Post Office Box 221 Raiford, Florida 32083
PROCEDURAL STATEMENT
The Petitioner, the Department of Professional Regulation, Division of Real Estate, filed an Administrative Complaint dated December 18, 1986, alleging that the Respondent, Steven Wayne Benson, violated Section 475.25(1)(f), (n) and (p), Florida Statutes, and seeking to discipline the Respondent's real estate license. On February 25, 1987, the Respondent executed an Election of Rights disputing the allegations of fact contained in the Administrative Complaint and requesting a formal hearing.
Prior to the formal hearing, the Petitioner served a Request for Admissions on the Respondent. The Respondent failed to timely respond to the Request for Admissions. Therefore, by Order dated June 19, 1987, a Motion to Deem Admitted all Matters Contained in Petitioner's Request for Admissions was granted.
At the commencement of the formal hearing a copy of a Motion to Suspend and/or Abate Proceeding filed by the Respondent on the date of the hearing was presented by the Respondent. In the Motion, the Respondent requested that the
formal hearing be delayed until the appeal of the Respondent's criminal conviction is completed. The Motion was denied and the Respondent indicated that he would not actively participate in the hearing.
Neither of the parties called any witnesses. The Petitioner offered 3 exhibits which were marked as "Petitioner's" exhibits and accepted into evidence. The Respondent offered no evidence.
The Petitioner timely filed a proposed recommended order containing proposed findings of fact. A ruling on each proposed finding of fact has been made either directly or indirectly in this Recommended Order or the proposed finding of fact has been accepted or rejected in the Appendix which is attached hereto.
FINDINGS OF FACT
The Respondent, at all times pertinent hereto, was, and still is, the holder of a Florida real estate salesman license, number 0402455.
On or about September 6, 1985, the Respondent was indicted on 9 felony counts in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida.
On or about September 2, 1986, the Respondent was found guilty of 2 counts of first degree murder in violation of Section 782.04, Florida Statutes,
2 counts of making, possessing, throwing, placing or discharging any destructive device resulting in the death of another in violation of Section 790.161, Florida Statutes, 3 counts of arson resulting in injury in violation of Section 806.031(2), Florida Statutes, 1 count of arson in violation of Section 806.01(1), Florida Statutes, and 1 count of attempted first degree murder in violation of Sections 777.04 and 782.04, Florida Statutes.
On or about September 16, 1986, the Respondent was sentenced to two life terms in prison, said terms to run consecutively, and three 15-year terms and two 22-year terms in state prison, said terms to run concurrently. The 15- year and 20-year terms are to run consecutively to the life terms.
The Respondent is in the custody of the Florida Department of Corrections and is confined to the Union Correctional Institute.
The Respondent failed to inform the Petitioner in writing that he had been convicted of a felony within 30 days after his conviction.
The Respondent's conviction is currently on appeal to the Second District Court of Appeal.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the parties to, and the subject matter of, this proceeding. Section 120.57(1), Florida Statutes (1956 Supp.).
Pursuant to Section 475.25(1), Florida Statutes (1985), the Petitioner has the authority to "suspend a license or permit for a period not exceeding 10 years; may revoke a license or permit; may impose an administrative fine not to exceed $1,000.00 and may issue a reprimand, or any or all of the foregoing if it is found that a license holder has committed certain acts. In this case, the
Petitioner has alleged, and the evidence proves, that the Respondent has committed the following acts for which punishment may be imposed:
(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 salesman or involves moral turpitude or fraudulent or dishonest dealing ...
(n) Is confined in any state or federal prison ...
(p) Has failed to inform the commission in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony.
Section 475.25, Florida Statutes (1985).
The evidence presented in this case proved that the Respondent was found guilty of a crime involving moral turpitude. In defining "moral turpitude the third district court has indicated the following:
According to Black's Law Dictionary, moral turpitude is:
An act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.
Black's Law Dictionary 1160 (rev. 4th ed. 1968).
The Supreme Court of Florida has defined moral turpitude:
Moral turpitude involves the idea of inherent baseness or depravity in the private social relations or duties owed by man to man or by man to society. (citations omitted). It has also been defined as anything done contrary to justice, honesty, principle, or good morals, though it often involves the question of intent as when unintentionally committed through error of judgment when wrong was not contemplated.
State ex rel. Tullidge v. Hollingsworth, 108 Fla. 607, 146 So. 660, 661 (1933).
Analyzing these definitions, we find that moral turpitude involves duties owed by man to society, as well as acts "contrary to justice, honesty, principle, or good morals."
Pearl v. Florida Board of Real Estate, 394 So.2d 159, 191 (Fla. 3d DCA 1951). See also Carp v. Florida Real Estate Commission, 211 So.2d 240 (Fla. 3d DCA 1965).
There is no doubt that the crimes for which the Respondent was convicted involve moral turpitude as those terms are used in Section 475.25(1)(f), Florida Statutes (1905).
The evidence also proved that the Respondent is confined in a state prison.
Finally, the evidence proved that the Respondent failed to inform the Petitioner of his conviction of the 9 felonies within 30 days of the conviction.
No evidence in mitigation was offered by the Respondent. The Petitioner stipulated, however, that the Respondent has appealed his conviction. If the Respondent's conviction is overturned on appeal, the Respondent's license should be restored.
Finally, the Respondent requested that notice of a determination that he is in violation of Section 475.25, Florida Statutes, not be published in the FREC News & Report until the conclusion of the appeal of his conviction. No evidence to support this request was presented.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent's license as a real estate salesman be
revoked; provided, that if the Respondent's conviction is reversed on appeal, that his license as a real estate salesman be reinstated.
DONE and ENTERED this 27th day of July, 1987, in Tallahassee, Florida.
LARRY J. SARTIN
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 27th day of July, 1987.
APPENDIX TO RECOMMENDED ORDER
The Petitioner has submitted proposed findings of fact. All of the Petitioner's findings of fact have been accepted. The paragraph numbers of the Petitioner's proposed findings of fact correspond with the paragraph numbers of the findings of fact in this Recommended Order.
COPIES FURNISHED:
Mr. Van Poole, Secretary
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
Joe Sole, Esquire General Counsel
Department of Professional Regulation
130 North Monroe Street Tallahassee, Florida 32399-0750
James R. Mitchell, Esquire Senior Attorney
Department of Professional Regulation Division of Real Estate
400 West Robinson Street Orlando, Florida 32802
Steven Wayne Benson
Union Correctional Institution #104033 66-113-1
Post Office Box 221 Raiford, Florida 32083
=================================================================
AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
DEPARTMENT OF PROFESSIONAL REGULATION FLORIDA REAL ESTATE COMMISSION
DEPARTMENT OF PROFESSIONAL REGULATION, DIVISION OF REAL ESTATE,
Petitioner,
vs. CASE NO. 0153861
DOAH NO. 87-0961
STEVEN WAYNE BENSON,
Respondent.
/
FINAL ORDER
The Florida Real Estate Commission heard this case on September 15, 1987 to issue a Final Order.
Hearing Officer Larry J. Sartin of the Division of Administrative Hearings presided over a formal hearing on June 26, 1987. On July 27, 1987, he issued a Recommended Order, which is adopted by the Florida Real Estate Commission as to all Findings of Fact Conclusions of Law, but not as to the Recommendation because Chapter 475, Section 475.25, Florida Statutes, does not provide for automatic reinstatement of a real estate license once said license has been revoked; nor, does it provide for a penalty in and of the nature recommended by the hearing officer that of a conditional revocation subject to reinstatement if certain conditions are met. A copy of this Recommended Order is attached hereto as Exhibit A and made a part hereof.
The Florida Real Estate Commission therefore ORDERS that the real estate salesman license of Respondent Steven Wayne Benson be, and the same is hereby revoked.
This Order shall be effective 30 days from date of filing with the Clerk of the Department of Professional Regulation. This Order shall be apealable to the District Court of Appeal within 30 days from filing date.
DONE and ORDERED this 15th day of September, 1987 in Orlando, Florida.
Darlene F. Keller, Acting Director Florida Real Estate Commission
I HEREBY CERTIFY that a true copy of the foregoing was sent by U.S. Mail to: Steven Wayne Benson, Union Correctional Institution, #104033 66-113-I, Post Office Box 221, Raiford, Florida 32083; to Larry J. Sartin, Hearing Officer, Division of Administrative Hearing, 2009 Apalachee Parkway, Tallahasee, Florida 32301; and to James R. Mitchell, DPR, Post Office Box 1900, Orlando, Florida 32802, this 22nd day September, 1987.
Darlene F. Keller
MO:ba
Docket for Case No: 87-000961
Orders for Case No: 87-000961
| Issue Date |
Document |
Summary |
|
Sep. 15, 1987 |
Agency Final Order
|
|
|
Jul. 27, 1987 |
Recommended Order
|
Real estate license revoked. Respondent found guilty of 9 felony counts, including murder, sentenced to multiple life sentences.
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