STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS AND )

PROFESSIONAL REGULATION, )

DIVISION OF REAL ESTATE, )

)

Petitioner, )

)

vs. ) Case No. 98-2879

)

RICHARD F. RONNICK, )

)

Respondent. )

)

RECOMMENDED ORDER

An administrative hearing was conducted on September 4, 1998, in Orlando, Florida, by Daniel Manry, Administrative Law Judge, Division of Administrative Hearings. The parties, witnesses, and court reporter attended the hearing in Orlando. The undersigned participated by video conference from Tallahassee, Florida.

APPEARANCES

For Petitioner: Laura McCarthy, Senior Attorney

Department of Business and Professional Regulation

Division of Real Estate Post Office Box 1900

Orlando, Florida 32802-1900

For Respondent: Ronald F. Ronnick, pro se

4271 Biltmore Road

Orlando, Florida 32804-2201 STATEMENT OF THE ISSUE

The issue in this case is whether Respondent violated Section 475.25(1)(f), Florida Statutes (1997), by pleading or having been found guilty of a crime which involves moral turpitude or fraudulent or dishonest dealing. (All Chapter and Section references are to Florida Statutes (1997) unless otherwise stated.)

PRELIMINARY STATEMENT

On May 20, 1998, Petitioner filed an amended administrative complaint against Respondent alleging that Respondent violated Section 475.25(1)(f). Respondent timely requested an administrative hearing.

At the hearing, Petitioner did not call any witness but submitted five exhibits for admission in evidence. Respondent testified in his own behalf and submitted four exhibits for admission in evidence.

The identity of the witnesses and exhibits, and the rulings regarding each, are set forth in the transcript of the hearing filed on October 19, 1998. Petitioner timely filed its proposed recommended order ("PRO") on October 30, 1998. Respondent did not file a PRO.

FINDINGS OF FACT

1. Petitioner is the state agency responsible for the regulation and discipline of real estate licensees in the state. Respondent is licensed in the state as a real estate broker

   pursuant to license no. 0414405. The last license issued is inactive.

2. On December 15, 1997, Respondent entered into a plea of guilty to aggravated assault and leaving the scene of an accident with injuries. Both crimes are third-degree felonies under Sections 784.02(1) and 316.027(1)(a), respectively.

3. The court adjudicated Respondent guilty and sentenced Respondent to two years of community control to be followed by two years probation. Both sentences ran concurrently. The court also imposed miscellaneous fines in the cumulative amount of $255 and ordered Respondent to pay probation costs.

4. On January 13, 1998, Respondent sent a letter to Petitioner voluntarily disclosing his plea and conviction. Respondent has no prior disciplinary history.

5. Both convictions involve a single incident which occurred on November 23, 1996, at the Draft House, 1615 Lee Road, Orlando, Florida, a bar in Orange County, Florida. Respondent touched the female owner of the bar on her buttocks. The owner's son took offense to the incident.

6. When Respondent left the bar, the owner's son followed Respondent to Respondent's car in the parking lot. The owner's son hit Respondent in the nose with his fist.

7. Respondent got into his car. The owner's son smashed the windshield of Respondent's car with a steel bar.

8. Respondent left the scene to call for help. When Respondent drove away, Respondent's car struck the owner's son. Respondent did not remain at the scene because he feared for his own safety.

9. Respondent stopped a few blocks away and called 911. The extent of injuries of the person struck by Respondent's car was not established at the hearing.

   
   

   CONCLUSIONS OF LAW

   
   

10. The Division of Administrative Hearings has jurisdiction over the subject matter and parties in this proceeding. The parties were duly noticed for the administrative hearing.

11. The burden of proof is on Petitioner. Petitioner must show by clear and convincing evidence that Respondent committed the acts alleged in the administrative complaint and the reasonableness of any proposed penalty. Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987).

12. Section 475.25(1)(f), provides in relevant part that the Florida Real Estate Commission (the "Commission") may discipline Respondent's license if Respondent has been:

    . . . convicted or found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the activities of a licensed broker or

    salesperson, or involves moral turpitude or fraudulent or dishonest dealing.

    
    

13. Florida Administrative Code Rule 61J2-24.001(g) provides in relevant part that the Commission may impose any penalty ranging from a fine of $1,000 to revocation.

14. Respondent is guilty of moral turpitude. Aggravated assault with a motor vehicle and leaving the scene of an accident with injuries is moral turpitude. Nelson v. Department of Business and Professional Regulation, 707 So. 2d 378 (Fla 5th DCA 1998); State v. White , 324 So. 2d 630 (Fla. 1975); Mc Culler v. State, 206 So. 2d 30 (Fla. 4th DCA 1968).

15. Petitioner did not submit any evidence that Respondent has any prior disciplinary history. Respondent testified that there were circumstances that explained his actions including a physical attack on Respondent and Respondent's fear for his safety. Respondent's testimony was credible and persuasive. Petitioner presented no testimony to refute Respondent's explanation. Respondent has made restitution to the victim.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that the Commission enter a final order finding Respondent guilty of violating Section 475.25(1)(f), and imposing an administrative fine of $1,000.

DONE AND ENTERED this 16th day of November, 1998, in Tallahassee, Leon County, Florida.

DANIEL MANRY

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 16th day of November, 1998.

COPIES FURNISHED:

Laura McCarthy, Esquire Department of Business and

Professional Regulation Division of Real Estate Post Office Box 1900

Orlando, Florida 32802-1900

Richard F. Ronnick 4271 Biltmore Road

Orlando, Florida 32804-2201

Henry M. Solares, Division Director Division of Real Estate

Department of Business and Professional Regulation

Post Office Box 1900 Orlando, Florida 32802-1900

Lynda L. Goodgame, General Counsel Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 98-002879

Orders for Case No: 98-002879