STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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

)

Petitioner, )

)

vs. ) CASE NO. 88-1151

)

HOMER C. KING, JR., t/a )

KING PROPERTIES, )

)

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 case on June 29, 1988 in Hollywood, Florida.

For Petitioner: Arthur R. Shell, Jr., Esquire

Department of Professional Regulation Division of Real Estate

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802

For Respondents: Homer C. King, Jr., Pro se

1109 North Federal Highway #3

Hollywood, Florida 33020 ISSUE PRESENTED

The issue presented for decision herein is whether or not Respondent King entered a plea of guilty to one count of unemployment compensation fraud, a felony, and thereafter failed to notify the Petitioner of having entered a guilty plea within 30 days of having entered such plea in violation of subsection 475.25(1)(p), Florida Statutes.

FINDINGS OF FACT

1. Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints relating to the real estate licensing laws.

   
   

2. Respondent Homer C. King, Jr. (King), is the sole qualifier for King's Properties located at 1109 North Federal Highway, Suite 3, Hollywood, Florida.

   
   

3. Respondent King is now, and was at all times material hereto, a licensed real estate broker in Florida having been issued license Number 00047643.

4. On or about April 6, 1987, Respondent in Circuit Court, Broward County, Florida entered a plea of guilty, to one count of unemployment compensation fraud, a felony. Respondent was placed on probation for two years and ordered to make restitution in the amount of $1,223.00 to the Department of Labor, Division of Employment Security, Bureau of Unemployment Compensation (Department).

   
   

5. Respondent has paid restitution to the Department and has complied fully with all the terms of his probation. During his period of probation, Respondent was at all times cooperative with the Department and the Petitioner's Investigator (testimony of Yvette Montgomery, Respondent King's Probation and Parole Officer and James J. Smith, Investigator for the Department of Professional Regulation).

   
   

6. During times material hereto, Respondent failed to notify the Petitioner of the above-referenced plea.

   
   

7. When Respondent Homer C. King, Jr. was arraigned on the charges of unemployment compensation fraud, he made the court aware that he was told by a representative from the unemployment compensation office that he was entitled to a certain amount of compensation from that office; in reliance on the representation that he was entitled to such compensation, Respondent completed the necessary forms to obtain the amounts he had been advised by the unemployment counselor that he was entitled to. An investigation conducted subsequent to Respondent's receipt of the money reveals that Respondent King had been overpaid. He was required to make restitution of the overpayment to the unemployment compensation office. Respondent King agreed to make restitution and did so in a timely manner.

   
   

   CONCLUSIONS OF LAW

   
   

8. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action.

   
   

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

   
   

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

    
    

11. Respondent King, by entering into a plea of guilty for the crime of unemployment compensation fraud came within the purview of subsection 475.25(1)(f), Florida Statutes, which prohibits a licensee from engaging in fraudulent conduct.

    
    

12. Respondent's failure to notify the Petitioner, in writing, within 30 days of having plead guilty to a felony, thereby engaged in conduct in violation of subsection 475.25(1)(p), Florida Statutes.

RECOMMENDATION

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

1. Petitioner, Division of Real Estate, enter a Final Order imposing a

   $250 fine against Respondent made payable to Petitioner within 30 days of entry of the Final Order.

   
   

2. Petitioner enter a Final Order issuing a written reprimand to Respondent based on the above-referenced acts and/or conduct.

RECOMMENDED this 3rd day of August, 1988, in Tallahassee, Florida. The above recommended penalty falls within the Division of Real Estate's rule guidelines.

JAMES E. BRADWELL

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 3rd day of August, 1988.

COPIES FURNISHED:

Arthur R. Shell, Jr., Esquire Department of Professional Regulation, Division of Real Estate - Legal Section

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802

Homer C. King, Jr. t/a King Properties

1109 North Federal Highway #3

Hollywood, Florida 33020

Darlene F. Keller, Executive Director Department of Professional Regulation Division of Real Estate - Legal Section

400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802

William O'Neil, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 88-001151

Orders for Case No: 88-001151