STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF INSURANCE, )

)

Petitioner, )

)

vs. ) Case No. 00-5127PL

)

RONALD DAVID LEWIS, )

)

Respondent. )

)

RECOMMENDED ORDER

A video hearing was held pursuant to notice by Stephen F. Dean, Administrative Law Judge of the Division of Administrative Hearings on March 2, 2001. The Judge was in Tallahassee, Florida, and the Counsel for the Agency was in Daytona Beach, Florida. The Respondent did not appear and was not represented by counsel.

APPEARANCES

For Petitioner: James A. Bossart, Esquire

Department of Insurance Division of Legal Services

200 East Gaines Street Tallahassee, Florida 32399-0333

For Respondent: No Appearance

STATEMENT OF THE ISSUES

Whether the Respondent violated Chapter 626, Florida Statutes, by entering a plea of nolo contendere of grand theft of the third degree; whether he was placed on probation without

an adjudication of guilt for grand theft of the third degree; and whether he lacks the fitness and trustworthiness to engage in the insurance business contrary to Chapter 626, Florida Statutes.

PRELIMINARY STATEMENT

The Department of Insurance (DOI) filed an administrative complaint against the Respondent charging that the Respondent, who holds a license to sell various insurance contracts, used his position of trust to misappropriate the property of a client; had a criminal information filed against him in the Seventh Judicial Circuit for grand theft of the third degree; pled nolo contendere to said offense; and was placed on probation without adjudication of guilt by the Shawn L. Briese, Judge of the Circuit Court.

The Respondent asked for a formal hearing, and DOI referred the case to the Division of Administrative Hearings. The case was set for hearing via video conferencing on March 2, 2001, by an order dated January 19, 2001. Subsequently, the Respondent moved to continue the case; however, the motion was denied by the then presiding Administrative Law Judge, Charles C. Adams.

The hearing was held as noticed on March 2, 2001. The counsel for DOI was present; however, the Respondent was not present. At 10:25 a.m., the hearing commenced. The Department introduced the following documentary exhibits: The Information

filed by the State's Attorney against the Respondent; the Order of Probation entered by the Circuit Court; an Affidavit of the Custodian of Licensing Records reflecting the various licenses held by the Respondent, and the Deposition of Audrey M. Walker. The Respondent was not present and did not present any evidence.

The Department waived its right to file post-hearing briefs and did not order a transcript.

The Respondent filed a variety of papers on the day of the hearing, after the hearing commenced. These papers do not substantiate a conflict that would warrant a continuance.

Therefore, there is no need to re-open this case.

FINDINGS OF FACT

1. The Respondent, Ronald David Lewis, holds various licenses to sell insurance contracts issued by the Petitioner, which is charged by statutes to regulate licensees.

2. The Respondent misappropriated over $10,000 from Audrey

   
   

   M. Walker, who was a client of the Respondent.

   
   

3. The State's Attorney for the Seventh Judicial Circuit filed an information against the Respondent charging him with grand theft of the third degree.

4. The Circuit Court Judge Shawn L. Briese entered an order of probation which reflects that the Respondent entered a plea of nolo contendere, and was placed on 60 months' probation by order withholding adjudication of guilt.

5. The deposition of Audrey M. Walker establishes that the Respondent misappropriated funds from Ms. Walker, whose trust he had gained by virtue of his licensed status.

   CONCLUSIONS OF LAW

   
   

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

7. The Petitioner alleged in its administrative complaint that the Respondent was charged with grand theft, a third degree felony, by an information filed in the Circuit Court of the Seventh Judicial Circuit; that the Respondent misappropriated

   $14,424.88 from Audrey M. Walker using his insurance licenses to gain the trust of Ms Walker; that the Respondent entered a plea of nolo contendere to the charge of grand theft; and that the Circuit Court accepted said plea and placed the Respondent on 60 months' probation by its order withholding adjudication.

8. Based upon the facts alleged above, the Petitioner asserts that the Respondent lacks the fitness and trustworthiness to engage in the insurance business contrary to Section 626.611(7), Florida Statutes; that the Respondent, having entered a plea of nolo contendere of a felony which

   involves moral turpitude, violated Section 626.611(14), Florida Statutes; and that the Respondent, having pleaded nolo contendere to a felony without regard to whether a judgment of

   conviction was entered by the court, violated Section 626.621(8), Florida Statutes. Based upon the alleged violations, the Department seeks to revoke or suspend the Respondent's licenses and eligibility for licensure or to impose such penalties as may be proper under the statutes.

9. The evidence presented establishes that the Respondent pleaded nolo contendere to a third degree felony and that the Court placed the Respondent on 60 months' probation by its order which withheld adjudication of guilt. The deposition of

Audrey M. Walker establishes that the Respondent misappropriated funds from Ms. Walker, whose trust he had gained by virtue of his licensed status. Taken together, these facts indicate that the Respondent lacks the trustworthiness to engage in the insurance business. The Respondent has violated provisions of Subsections 626.611(7), and (14), and Subsection 626.621(8), Florida Statutes.

RECOMMENDATION

Based upon the findings of fact and conclusions of law, it

is

RECOMMENDED:

That the Department enter its final order revoking all the

licenses Respondent holds to sell insurance contracts.

DONE AND ENTERED this 9th day of March, 2001, in

Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

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 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 9th day of March, 2001.

COPIES FURNISHED:

James A. Bossart, Esquire Department of Insurance Division of Legal Services

200 East Gaines Street Tallahassee, Florida 32399-0333

Ronald David Lewis

3800 South Atlantic Avenue Apartment 304

Daytona Beach, Florida 32127

Daniel Y. Sumner, General Counsel Department of Insurance

The Capitol, Lower Level 26 Tallahassee, Florida 32399-0307

Honorable Tom Gallagher

State Treasurer/Insurance Commissioner Department of Insurance

The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0300

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: 00-005127PL

Orders for Case No: 00-005127PL