STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF INSURANCE, )

)

Petitioner, )

)

vs. ) Case No. 00-0396

)

VIRGIL DEAN ST. PIERRE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held in this case on April 14, 2000, in Coleman, Florida, before the Division of Administrative Hearings, by its designated Administrative Law Judge, Don W. Davis.

APPEARANCES

For Petitioner: Dickson E. Kesler, Esquire

Department of Insurance

200 East Gaines Street 612 Larson Building

Tallahassee, Florida 32399-0333

For Respondent: Virgil Dean St. Pierre, pro se

Inmate No. 19293018 FCC Coleman Low (A-4) Post Office Box 1029

Coleman, Florida 33521-1029

STATEMENT OF THE ISSUE

Whether Respondent committed offenses proscribed by Section 626.631(1), Florida Statutes, sufficient to merit the

imposition of discipline against his license as a life and health insurance agent.

PRELIMINARY STATEMENT

On December 22, 1999, Petitioner filed a Notice of Revocation against Respondent's license in accordance with Section 626.631(1), Florida Statutes. The Notice of Revocation followed Respondent's November 12, 1997, conviction on numerous felony counts of mail fraud and money laundering in the United States District Court, Middle District of Florida, Fort Myers, Florida.

Respondent requested formal administrative proceedings with regard to the Notice of Revocation and the matter was subsequently transferred to the Division of Administrative Hearings pursuant to Section 120.57(1), Florida Statutes.

At final hearing, Petitioner's composite exhibit, consisting of 12 sub-parts, was admitted into evidence. Petitioner did not present any witness testimony. Respondent testified in his own behalf.

The Transcript was filed on May 1, 2000. Both parties filed Proposed Recommended Orders which were considered in formulation of this Recommended Order.

FINDINGS OF FACT

1. At all relevant times with regard to these proceedings, Respondent was licensed by Petitioner in the State of Florida as a life and health insurance agent.

2. On or about August 21, 1996, Respondent was charged by Grand Jury Indictment in the United States District Court, Middle

   District of Florida, Fort Myers, Florida, in Case No. 96-75-CR- FTM-17D, with 20 felony counts of mail fraud in violation of Title 18, United States Code, Section 1341. By Grand Jury Superseding Indictment, Respondent was charged on or about September 18, 1996, with 20 felony counts of mail fraud in violation of Title 18, United States Code, Section 1341, and 10 counts of money laundering in violation of Title 18, United States Code.

3. On or about November 12, 1997, Respondent was found guilty by jury in the United States District Court, Middle District of Florida, Fort Myers, Florida, in Case No. 96-75-CR- FTM-17D, of mail fraud felony counts 1 through 8, 10, and 14 through 20. He was also found guilty of money laundering felony counts 21 through 30 of the Superseding Indictment filed in the case. St. Pierre Insurance Agency, Inc., a Florida corporation wholly owned and operated by Respondent was found guilty of mail fraud felony counts 2, 4, 6, and 14 through 19, of the Superseding Indictment filed in the case.

4. On or about November 17, 1999, Respondent was adjudicated guilty and convicted of the aforementioned felony charges. He was sentenced to 71 months imprisonment on each count of conviction with the sentences to run concurrently. Additional assessments and restitution in the amount of two million sixty-one thousand seven hundred and fifty dollars was also ordered.

5. In the course of his testimony, Respondent admitted his identity as the defendant named in the judgement and sentence documents provided by Petitioner, and also admitted to the authenticity of those documents.

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over this subject matter and the parties to this action pursuant to Section 120.57(1), Florida Statutes.

7. Petitioner bears the burden of proving by clear and convincing evidence that there are grounds for imposing discipline with regard to Respondent's license. Ferris v. Turlington, 510 So. 2d 293 (Fla. 1987). The evidence presented by Petitioner clearly and convincingly depicts Respondent's felony convictions while licensed by Petitioner.

8. When a licensee of Petitioner is convicted of a felony, as is the case of Respondent in this matter, Petitioner is mandated by Section 626.631(1), Florida Statutes, to revoke any license issued to the offending licensee.

RECOMMENDATION

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

is

RECOMMENDED that a final order be entered revoking

Respondent's license and eligibility for licensure.

DONE AND ENTERED this 5th day of June, 2000, in Tallahassee, Leon County, Florida.

DON W. DAVIS

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 5th day of June, 2000.

COPIES FURNISHED:

Dickson E. Kesler, Esquire Department of Insurance

200 East Gaines Street 612 Larson Building

Tallahassee, Florida 32399-0333

Virgil Dean St. Pierre Inmate No. 19293018 FCC Coleman Low (A-4) Post Office Box 1029

Coleman, Florida 33521-1029

Honorable Bill Nelson State Treasurer and

Insurance Commissioner Department of Insurance

The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300

Daniel Y. Sumner, General Counsel Department of Insurance

The Capitol, Lower Level 26 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: 00-000396

Orders for Case No: 00-000396