5D07-191 Cambas v. Dept. of Business

State: Florida

Court: Florida Fifth District Court

Docket No: 5D07-191

Case Date: 03/09/2009

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2009

EDWARD E. CAMBAS, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Appellee. ________________________________/ Opinion filed March 13, 2009 Administrative Appeal from the Florida Real Estate Commission. Edward E. Cambas, North Miami, Pro Se. Patricia Nelson, Assistant General Counsel, Department of Business and Professional Regulation, Tallahassee, for Appellee. Case No. 5D07-191

ORFINGER, J. Edward E. Cambas appeals an order of the Florida Real Estate Commission (the "Commission") suspending his real estate license for two years and imposing a fine. Cambas argues that the Commission denied him due process by failing to conduct a timely, formal hearing. Cambas also argues that the Commission erred as a matter of law in concluding that he had committed a crime of moral turpitude. We affirm.

The Department of Business and Professional Regulation, Division of Real Estate (the "Department") filed an administrative complaint against Cambas, seeking to discipline him for his felony conviction of leaving the scene of an accident with injury.1 Cambas answered and requested a formal hearing, pursuant to section 120.57(1), Florida Statutes (2002). In his request for a formal hearing, Cambas admitted that he had pled guilty to one count of misdemeanor DUI and one count of leaving the scene of an accident. However, he argued that these were not crimes of moral turpitude or fraudulent or dishonest dealings, and thus, were not subject to discipline pursuant to section 475.25(1)(f), Florida Statutes (2002). Asserting that Cambas failed to dispute any specific material facts in its complaint, the Department filed a motion for an informal hearing, pursuant to section 120.57(2), Florida Statutes. The Commission granted the Department's motion, concluding that there were no material disputed factual issues, and an informal hearing was held. After hearing arguments from both sides, the

Commission determined that leaving the scene of an accident with an injury was a crime of moral turpitude and entered an order suspending Cambas's real estate license. Cambas now appeals. Cambas first argues that the Commission erred by denying his request for a formal hearing. The Department concedes that Cambas requested a formal hearing, but argues that Cambas was not entitled to a formal hearing because there were no disputed material issues of fact. Section 120.57(1), Florida Statutes, provides a party the right to a formal hearing when material facts are in dispute. "However, when no material facts are in dispute, an agency is not required to hold a formal hearing." Weiss
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