vs. ) CASE NO. 78-271
ARNETT P. ROGERS, HOUSE OF )
Respondent. )
Pursuant to notice, a hearing was held before Delphene C. Strickland, Hearing Officer for the Division of Administrative HEARINGS, on August 17, 1978, beginning at 2:00 P.M.., at 6501 Arlington Expressway, Suite 205, Jacksonville, Florida.
For Petitioner: Michael J. Dewberry, Esquire
Whether the license of Arnett P. Rogers, Funeral Directors' license number 701 and Embalmers' license number 873 and the license of House of Rogers Funeral Home Establishment Operators' license number 6700 should be revoked, suspended or annulled or whether Arnett P. Roger should be otherwise disciplined.
Arnett P. Rogers holds Funeral Directors' license number 701 and Embalmers' license number 873 and is the owner of House of Rogers Funeral Home which was issued Establishment Operating license number 6700.
Respondent was charged in a complaint issued by Petitioner with violating Setion 470.12(1)(k); Section 470.12 (2)(c); and section 470.12(2)(p), Florida Statutes, in that as a licensed funeral director and embalmer he was found guilty of, after being charged with, a crime of moral turpitude in this State. More specifically, Respondent was charged with being found guilty of violating Section 409.325, Florida Statutes, which prohibits fraud in the handling of federal food stamps.
The Respondent, Arnett P. Rogers, was charged with violating the terms of probation imposed upon him by final order of the State Board of Funeral Directors and Embalmers dated January 31, 1977, which adopted a recommended order dated December 1, 1976, copies of which are attached hereto and made a part hereof, after being charged and found guilty of a crime of moral turpitude in this state.
Petitioner charged the Respondent, House of Rogers Funeral Home, with the violation of Section 470.12(4)(a), Florida Statutes, in that Arnett P. Rogers, the licensed funeral director in charge of and owner and operator of said funeral home committed acts in violation of Chapter 470, Florida Statutes, by being found guilty of a crime involving moral turpitude in this state.
Respondent, House of Rogers Funeral Home, was charged with having violated the terms of the Order of Probation dated January 31, 1977.
Upon examination of the evidence submitted and considering the testimony of a witness produced by the Petitioner, it is found that the Arnett Rogers shown in the information filed and judgment of guilt ordered September 23, 1977, which is attached hereto and made a part hereof, is one and the same person as the Respondent, Arnett P. Rogers.
No evidence was offered mitigating the apparent turpitude of the offense for which Respondent Roger was found guilty.
The Respondent, Rogers, violated the terms and conditions of the Final Order entered on January 31, 1977, which revoked Respondent's licenses but withheld revocation pending the satisfactory completion of a two year probation period beginning on the date the Order was entered. It is found that the conviction of Respondent by Judgment dated June 27, 1977, and filed by the Clerk of the Circuit Court, Fourth Judicial Circuit of Florida, in and for Duval County, Florida, is a violation of the requirements of Chapter 470, Florida Statutes, and is not a "satisfactory completion of a two year probationary period" required by the foregoing Final Order.
The adjudication of guilt of a crime proscribed by Section 409.325, Fraud.-Florida Statutes, is a "crime of moral turpitude" and a violation of Section 470.12(2)(c) Florida Statutes.
From the testimony and evidence submitted, it is found that Respondent intended to use food stamps as payment for funeral services to be rendered by him and The House of Rogers when he accepted food stamps in a negotiation for a down payment for a funeral.
The proposed orders of the parties have been considered in the rendition of this order and any part thereof not directly treated is found to be without merit.
CONCLUSIONS OF LAW
Section 409.325, Fraud.--provides:
(2) Any person who knowingly:
Uses, transfers, acquires, traffics, alters, forges, or possesses or
Attempts to use, transfer, acquire, traffic, alter, forge, or posses, or
aids and abets another person in the use, transfer, acquisition, traffic, alteration, forgery, or possession of,
a food stamp, a food stamp identification card, am authorization for the, purchase of food stamps, a certificate of eligibility for medical services, or a medicaid identification card in any manner not authorized by law is guilty of a crime and shall be punished as provided in subsection (5).
* * *
(5)(b) If the value of the assistance or identification wrongfully received, retained, misappropriated, sought, or used is of an aggregate value of $200 or more in any 12 consecutive months, such person is guilty
of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083 or
s. 776.084.
The Respondent, Arnett P. Rogers, was charged with and found guilty of the foregoing Section 409.325. He was fined $787.50 to be paid by October 28, 1977, and placed on probation for 2 1/2 years by Order of the presiding judge on September 23, 1977.
Section 470.12 Grounds for Revocation of License.---provides:
(2)(c) The licensee is either a habitual drunkard or narcotic addict or has been found guilty of, or has pleaded guilty to after being charged with, a crime in a federal court or in this state or any other state involving moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases.
The finding that Respondent, Arnett Rogers, was guilty of violating Section 409.325 was a finding of "guilty" of a crime involving "moral turpitude" which has been defined as involving "the idea of inherent baseness or depravity in the private social relations or duties owed by man to man or by man to society" and "as anything done contrary to justice, honesty, principals, or good morals" State v. Hollingsworth, 146 So. 660. Cf. Kiner v. State Board of Education, 344 So.2d 656.
Respondent, Arnett P. Rogers, violated the foregoing Section 470.12(2)(c) and is subject to revocation of his license to practice as a funeral director.
A violation of Section 470.12(2)(c) is a violation of Section 470.12(1)(k) which subjects Respondent to revocation of his license as an Embalmer.
As a result of the violation of the foregoing Section 70.12, the license of the House of Rogers Funeral Home is subject to revocation pursuant to Section 470.12(4)(a).
The commission of the crime of fraud and as a consequence of such conviction, the violation of Chapter 470, the terms and the spirit of the probation recommended by the Hearing Officer in the Complaint filed against Respondent in Case No. 76-1117 and the Final Order which adopted said Recommended Order has been violated. The violation of said probation subjects the Respondents to revocation of licenses.
Revoke the licenses of Arnett P. Rogers and the House of Rogers Funeral Home.
DONE and ENTERED this 6th day of November, 1978, in Tallahassee, Florida.
DELPHENE C. STRICKLAND
Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304
