STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOENATHAN HARRIS, JR., )

)

Petitioner, )

)

vs. ) CASE NO. 84-4096

)

DEPARTMENT OF INSURANCE, )

STATE OF FLORIDA, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on January 24, 1985, at Palmetto, Florida.

APPEARANCES

For Petitioner: Joenathan Harris, Jr., Pro Se

2313 7th Avenue, East Palmetto, Florida 33561

For Respondent: William W. Tharpe, Jr., Esquire

Department of Insurance 413-B Larson Building Tallahassee, Florida 32301

By letter dated September 21, 1984, Joenathan Harris, Jr., Petitioner, requested an administrative hearing to contest the denial of his application for examination and licensure by the Department of Insurance, Respondent.

Respondent denied Petitioner's application alleging Petitioner made a material misstatement in attempting to obtain his license, that he had demonstrated a lack of fitness or trustworthiness to engage in the business of insurance, that he bad been found guilty of a felony in this state which involved moral turpitude, and that he had been found guilty of a felony in this state. At the hearing Petitioner called four witnesses, including himself, and three exhibits were admitted into evidence. There is no dispute regarding the material facts here involved. Proposed findings were not submitted.

FINDINGS OF FACT

1. On October 12, 1981, Petitioner pleaded guilty to the felony charge of unemployment compensation fraud, adjudication of guilt was withheld, and Petitioner was placed on probation for one year (Exhibit 2). The probation was terminated by Order Dismissing Warrant entered October 27, 1982 (Exhibit 3).

   
   

2. The unemployment compensation fraud resulted from Petitioner's continuing to receive unemployment compensation following his discharge from the armed services after he had obtained full-time employment. The Information

   charged Petitioner with failure to disclose a material fact, to wit: he reported that he was unemployed while he was in fact working and receiving wages from Pacific Packing Company (Exhibit 2).

   
   

3. In Application For Filing for Examination as an Ordinary Life, Including Health, agent dated March 16, 1984, Petitioner, in response to question 11(a) on this application asking if he had ever been charged with a felony, answered, "no." He gave the same answer to question 11(b) which asked if he had ever been convicted of a felony.

   
   

4. Petitioner testified that he discussed the completion of this application with a fellow employee of an insurance agency at which he was working; and, since he had, on a earlier application for temporary employment, furnished the information regarding his unemployment compensation fraud conviction to the Department of Insurance, he did not deem it necessary to again report this offense. The fellow employee confirmed that he had discussed this answer with Petitioner and had suggested Petitioner answer the question as he did. Neither petitioner nor this witness satisfactorily answered the Hearing Officer's question how Petitioner could answer no to question 11 and then swear that all answers given on the application are true and correct.

   
   

5. Petitioner's minister testified that Petitioner is a deacon in his church and he has found Petitioner to be truthful, honest, and capable of making mistakes and admitting them. As a temporary employee of A. L. Williams Company, a distributor of insurance products, Petitioner was deemed to be truthful, honest, and upright.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   
   

7. Submitting a sworn application containing information known to be false by Petitioner clearly demonstrates a flaw in Petitioner's understanding of the sanctity of an oath. His reasons given for submitting a false statement in a sworn application lack credibility and indicate either a lack of understanding of the meaning of the words in the application or a cavalier disregard of the consequences of his actions.

   
   

8. Further, this false application is doubly disturbing because it is of a similar nature to the unemployment compensation fraud to which Petitioner pleaded guilty in 1981. That conviction resulted from Petitioner submitting false information to employment compensation--presumably under oath. By twice submitting false applications, Petitioner has demonstrated qualities not desired in one licensed to advise the public regarding insurance benefits and policies.

   
   

9. The offense of which petitioner was convicted is a felony and is grounds for denying petitioner's application

   pursuant to Section 626.621(8), Fla. Stat. The element of fraud makes this an offense involving moral turpitude which could disqualify Petitioner pursuant to Section 626 61 (14) Fla. Stat.

   
   

10. From the foregoing it is concluded that Joenathan Harris, Jr., has failed to demonstrate that he is qualified for licensure as an Ordinary Life, Including Health, insurance agent. It is

RECOMMENDED that Joenathan Harris, Jr.'s petition to take the examination for licensure to sell Ordinary Life, including Health, insurance be denied.

DONE AND ENTERED this 1st day of March, 1985, at Tallahassee, Florida.

K.N. AYERS 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 1st day of March, 1985.

COPIES FURNISHED:

Joenathan Harris, Jr. 2313 7th Avenue, East Palmetto, Florida 33561

William W. Tharpe, Jr., Esquire Department of Insurance

413-B Larson Building Tallahassee, Florida 32301

Honorable Bill Gunter Commissioner of Insurance The Capitol

Tallahassee, Florida 32301

Docket for Case No: 84-004096

Orders for Case No: 84-004096