STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KATHYRN ANNE SNYDER, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1358

) INSURANCE COMMISSIONER, STATE OF ) FLORIDA, BUREAU OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing officer for the Division of Administrative Hearings, at 9:00 a.m., on September 13, 1979, in Room 417, Hillsborough County Courthouse Annex,

419 Pierce Street, Tampa, Florida.

For Petitioner: Kirk M. Gibbons, Esquire

606 Madison Street Tampa, Florida

For Respondent: Edward L. Kutter, Esquire

Office of Treasurer Insurance Commissioner

Room 428-A, Larson Building Tallahassee, Florida 32301

Petitioner, Kathyrn Anne Snyder (hereafter Snyder), contests the denial of her application with the Insurance Commissioner, State of Florida, Bureau of Licensing (hereafter Department), for licensure as a general lines agent.

FINDINGS OF FACT

1. On January 29, 1979, Snyder applied with the Department for eligibility for licensure as a general lines agent. The application was received by the Department on February 2, 1979.

   
   

2. The Department requested additional information concerning that application from Snyder on February 12, 1979, which information was received by the Department on February 26, 1979. The Department made timely denial of the application by letter dated May 11, 1979, which letter was received by Snyder on or about May 16, 1979.

   
   

3. On December 29, 1972, Snyder was convicted of grand larceny in Manatee County, Florida, a felony involving moral turpitude. Snyder was placed on probation for three (3) years with one of the conditions of probation being full restitution of the stolen funds. Snyder's probation was terminated on January 13, 1975, after compliance with the conditions of probation, and her civil rights were restored on June 18, 1975.

4. In 1970, Snyder was married for the first time. In February, 1976, she was divorced. Until three weeks before this hearing, Snyder's ex-husband was in prison in Florida for murder and armed robbery, at which time he escaped.

   
   

5. During the course of this marriage Snyder's husband refused to work but continued to incur debts and to exert usually strong influence on his wife, the Petitioner in this case.

   
   

6. In 1972, when she was nineteen, Snyder, out of desperation and concern for her family and as a result of intensive pressure from her husband, stole

   $500 from her employer the City of Bradenton in 1972. Snyder was charged with the crime, plead guilty and subsequently made full restitution and paid an additional fine.

   
   

7. Snyder worked as an office manager for an insurance agent in Palmetto, Florida, for a year, subsequent to her job with the City of Bradenton, then worked as a secretary underwriter for T.C.I. Insurance Company and as a waitress in Orlando, where in both jobs she handled a good deal of money without incident.

   
   

8. While a student at the University of Central Florida, Snyder was elected to the student finance committee. Snyder finished first in her class when taking the 240 hour course required by the State for licensure as a general lines agent.

   
   

9. Snyder attained her general lines agent license in California and until recently worked for Metropolitan Insurance Company where she had an outstanding employment record.

   
   

10. The evidence and the demeanor of the witness indicate and it is concluded as a matter of fact that her prior criminal record was a product of an unusual situation and does not reflect upon the present honesty or reliability of Snyder.

    
    

    CONCLUSIONS OF LAW

    
    

11. The issue of law to be determined in this case as stipulated by the parties is whether under the provisions of Chapter 112 and Section 626.611(14), Florida Statutes, and the circumstances surrounding the conviction of Petitioner, denial of the application for licensure was legal.

    
    

12. The Department contends that Section 626.611(14), Florida Statutes, mandates the denial of an application for licensure as a general lines agent because of a plea of guilty to a felony which involves moral turpitude. Snyder contends that Section 112.011, Florida Statutes, obtains and that a person whose civil rights have been restored shall not be disqualified solely because of a prior conviction for crime unless such crime is directly related to the specific profession for which the license is sought.

    
    

13. Section 112.011(b) was enacted subsequent to Section 626.611, Florida Statutes, and as such will control. Provident Life and Accident Insurance Company of Chattanooga, Tennessee v. Mathers, 157 Fla. 661, 27 So.2d 814 (1976).

    
    

14. It is concluded as a matter of law that the crime for which Snyder was convicted, larceny, is not directly related to the specific profession of the insurance business. Accordingly, the cited statutes prohibit the denial of

Snyder's application for licensure solely on the basis of her prior conviction. Since, in this case, the prior conviction was the only reason for denial, it is

RECOMMENDED that Snyder's application for licensure as a general lines agent be granted.

DONE and ENTERED this 7th day of November, 1979, in Tallahassee, Florida.

MICHAEL R. N. MCDONNELL

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 7th day of November, 1979.

COPIES FURNISHED:

Kirk M. Gibbons, Esquire 606 Madison Street Tampa, Florida

Edward L. Kutter, Esquire Room 428-A Larson Building Tallahassee, Florida 32301

Docket for Case No: 79-001358

Orders for Case No: 79-001358