Findings Of Fact Respondent was certified by the Criminal Justice Standards and Training Commission on July 14, 1983, and November 19, 1981, and was issued certificate numbers 02-33918 and 502-868. Respondent is currently certified as a law enforcement officer and as a correctional officer by the Commission. At all times material hereto, Respondent was employed as a Deputy Sheriff by the Broward County Sheriff's Department. On May 3, 1986, Respondent, Deputy McDonald, and their immediate supervisor Sergeant James Walkup were working a directed patrol in the south portion of Broward County, Florida. Each was in his own patrol car, but they were working as a group with the express purpose of conducting a routine harassment of known or suspected drug dealers or users in the vicinity. They spotted a rental car occupied by two black males parked in an open field in a residential neighborhood. The occupant of the vehicle in the driver's seat was Jimmy Fox, a reputed drug dealer. All three patrol cars pulled into the field behind the rental vehicle. Respondent "radioed" in that he had made a traffic stop. Neither McDonald nor Walkup radioed that they were on the scene to serve as back-up units. Deputy George Gechoff was working off-duty at the Home Depot on 58th Avenue in the west Hollywood area when he heard Respondent radio that he had made a traffic stop. Since Gechoff did not hear anyone radio that they were serving as back-up to Respondent, Gechoff drove to the location of the traffic stop which was just a few blocks away. When Gechoff arrived at the scene Respondent had already searched the front seat area of the rental vehicle and had asked Fox's permission to search the trunk. Initially, Fox refused consent to the search of the trunk of the rental vehicle. Gechoff and Fox knew each other. After Respondent assured Fox that Fox would not be arrested since the search was illegal and after Gechoff urged Fox to be cooperative, Fox consented to the request. The trunk of the car was opened, and Respondent and Gechoff began searching it. The Respondent found a pistol in the trunk and went to his patrol car to "run a check" on the gun. While Respondent was in is patrol car, Deputy Gechoff, who assisted in the search of the trunk, found an aspirin or "pill- type" bottle containing approximately 50 small objects. Although Walkup testified that the objects were square cubes of yellowish material, Gechoff testified that the objects were white chips of different sizes. At the time, Walkup, Gechoff, and Respondent each believed that the objects were "crack" cocaine. If the objects were indeed crack cocaine, each object would be a single dose of the drug, and each object would have a sale price ranging from $10 to $20. In respondent to his radio inquiry, Respondent was advised that he had a "hit" on the gun, which meant it was wanted in connection with a crime or that it had been previously reported as stolen. When Respondent communicated that information to his immediate supervisor, Sergeant Walkup, Gechoff handed Respondent the aspirin bottle. Walkup instructed Respondent to take both the firearm and the suspected cocaine and write up a "found property report." Respondent was concerned about writing a report for found property, rather than seized property, and suggested to Walkup that they simply turn the matter over to the State Attorney's Office. Walkup took the position that the property was illegally seized since there was no probable cause for the search of the vehicle and the search had taken place simply as part of an harassment operation. He instructed Respondent to report the property as "found property" and left the scene. When Respondent left the scene, he had with him both the confiscated firearm and the aspirin bottle with its contents. He remained concerned about being ordered to write a found property report, but knew he had to do something since he had already radioed in that he had recovered a firearm wanted by the Broward County sheriff's Office. On the spur of the moment, as he was driving through a wooded area near a rock pit, Respondent took the top off the bottle and threw it out the window scattering the contents as he threw away the bottle. Later that day Respondent wrote and signed an Event Report at the Broward County Sheriff's Office reporting that he had found a .44 Magnum and suspected cocaine off the roadway while on routine patrol. The firearm was turned in at the same time, and a property receipt was issued. No property receipt was issued for the suspected cocaine. Several weeks later, Sergeant Walkup received a telephone call from Fox concerning the incident on May 3. In response to that telephone call, Walkup retrieved and reviewed Respondent's report of the May 3 incident with Fox. Upon reviewing the report, Walkup became concerned with the apparent conflicts between the report's contents and his recollection of the events. He so notified his supervisor. On July 1, 1986, Respondent provided a sworn statement to Lieutenant Roger Lekutis of the Broward County Sheriff's Office, Internal Affairs Unit. He admitted that after he drove away from the scene of the Fox "traffic stop" he threw the bottle which he believed contained cocaine "rocks" out the window of his patrol car. He told Lekutis that Walkup had instructed him to write a report of the incident as a "found property" report. He also admitted failing to turn over the suspected cocaine to an evidence custodian. No evidence was offered suggesting that Respondent disposed of the suspected cocaine in a manner different than throwing it out the window as he drove through the wooded area near the rock pit, and the Respondent's testimony in that regard is credited. Since this incident, Respondent has been reinstated by the Broward County Sheriff's Office but was not yet on the payroll by the time of the final hearing in this cause, since he was undergoing certain pre-employment certification and testing procedures.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent not guilty of the allegations contained in the Administrative Complaint filed against him and dismissing the Administrative Complaint filed in this cause. DONE AND ENTERED this 26th day of April 1989, in Tallahassee, Leon County, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of April 1989. APPENDIX DOAH CASE NO. 88-4963 Petitioner's proposed findings of fact numbered 1, 5, 6, 8-10, 13-17, and 19 have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed findings of fact numbered 2-4, 7, 11, 12, and 18 have been rejected as not being supported by the weight of the credible evidence in this cause. COPIES FURNISHED: Joseph S. White, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Johnny L. McCray, Jr., Esquire 400 East Atlantic Boulevard Pompano Beach, Florida 33060 Daryl McLaughlin, Executive Director Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Jeffrey Long, Director Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Rodney Gaddy, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact Respondent was certified as a law enforcement officer on April 6, 1984, and has been continuously so certified since that time. After the Tampa police arrested Doug Jernigan in August, 1986, on charges of armed robbery committed between January and July, 1986, including bank robberies, the Tampa police learned that on July 18, 1986, Jernigan rented a limousine and visited several bars with one of his companions being a police officer. When this information was passed to the Bureau of Internal Affairs, an investigation was started, and it was learned that Respondent was the police officer involved with Jernigan on the evening of July 18-19, 1986. Thereafter, the investigation centered on Respondent's knowledge of Jernigan and any criminal offenses of which Respondent may have been aware. During this investigation, Respondent cooperated fully with the investigators, including the taking of a polygraph test, and two or more taped interrogations. In addition, the investigator interrogated the chauffeur of the limousine, Jernigan, and at least one other passenger who was in the limousine on July 18, 1986. All of these witnesses denied that any drugs were used in Respondent's presence, stated that the party continued for several hours during which time the four people involved consumed a large quantity of alcohol, and that all were quite intoxicated. Respondent was only casually acquainted with Jernigan who he had seen as an employee of the Temple Terrace Bar on previous occasions. On July 18, Respondent encountered Jernigan at the Temple Terrace Bar as a patron who told Respondent that he had hired a limo for the evening and invited Respondent to join him for some drinks. Jernigan had a large roll of bills which he told Respondent he had won at the gambling table at Atlantic City. Respondent joined Jernigan, and they proceeded to another bar where a third and perhaps fourth companion was picked up. The limo then drove the new companion (McGahee) to his residence to change clothes, and while McGahee and Jernigan were let off, the driver took Respondent to Respondent's apartment to change clothes, waited for him, returned to pick up Jernigan and McGahee, and then they proceeded on the bar hopping escapade. The investigation by the Internal Affairs Division disclosed that Respondent had no knowledge of the crimes Jernigan had committed between January and July, 1986. During a second interrogation of Respondent which continued for two hours by an experienced investigator, Respondent was repeatedly told that the other occupants of the limo had acknowledged use of drugs during the night of July 18-19, and that the polygraph exam showed Respondent was not telling the whole truth about his knowledge of Jernigan's criminal activities and of the use of drugs on July 18. Respondent, after earlier denying that any drugs were used in his presence, finally acknowledged that maybe a joint (of marijuana) was passed around in the limo, but that he never took a puff. Once Respondent acknowledged during this two hour interrogation that maybe marijuana was smoked that evening, this became a fact in all further questioning of Respondent regarding his knowledge of Jernigan's criminal activities and further questioning regarding the use of cocaine on that evening. Respondent steadfastly denied any knowledge of any other activities of Jernigan or that he ever saw anyone use cocaine on July 18-19, 1986. James McGahee was one of the passengers in the limo July 18-19. Either he or Jernigan had some that evening, and when they were dropped off at McGahee's apartment for McGahee to change clothes, they ingested some cocaine. McGahee does not smoke marijuana, and to his knowledge, no marijuana was used in the limo that evening. McGahee operated a heavy duty wrecker and had seen Respondent on several occasions at the scene of an accident to which McGahee and his wrecker had been called. He had never socialized with Respondent prior to or since July 18- 19, 1986. Respondent denies that, to his knowledge, any marijuana or other drugs were used in his presence on the evening of July 18-19, 1986, and that his sworn statement taken during his two hour interrogation that a joint had been passed around in the limo was not true. He gave the statement because the interrogator had convinced him the other passengers had admitted using drugs, and he assumed they had done so. To Respondent marijuana was deemed less serious than cocaine.
Findings Of Fact Petitioner Robert Friedman, who has resided in Miami, Florida since January 1973, filed an application with Respondent for registration as a real estate salesman on January 9, 1978. Question 6 of the application was answered by the Petitioner as follows: 6. Have you ever been arrested for, or charged with, the commission of an offense against the laws of any municipality, state or nation, including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled? Yes If yes, state details including the outcome in full: Arrested in Feb. '72; charged with sale of dangerous drugs - sentenced to 6 mos. in Allenwood & 2 yrs. probation - Prior to Feb. '72, approximately 5 arrests - all dismissed. Respondent issued an Order denying the application on May 22, 1978, because Petitioner failed to disclose in his application the fact of his arrest in Dade County, Florida, on January 25, 1974, on a charge of grand larceny. The Order also noted that the February 1972 arrest disclosed by Petitioner in the application actually occurred in February, 1971. Based on the foregoing, Respondent found that Petitioner had not made it affirmatively appear that he met the qualifications for registration contained in Chapter 475, Florida Statutes. (Petitioner's Exhibit 6, Pleadings.) A Federal Bureau of Investigation Record showing numerous arrests of Petitioner by state and federal authorities dating from 1966, primarily on charges alleging drug offenses, was received in evidence without objection by Petitioner. Petitioner testified that the record was true. (Petitioner's Exhibit 1, Testimony of Friedman.) On January 25, 1974, Petitioner was arrested in Miami, Florida, on a charge of grand larceny in violation of Section 811.021, Florida Statutes. He was found guilty of the offense in the Dade County Circuit Court, Case No. 74- 964, on April 26, 1974, but adjudication of guilt was withheld and he was placed on probation for a period of eighteen months. (Petitioner's Exhibits 1, 3-5). Petitioner testified at the hearing and admitted his failure to list the 1974 arrest on his application to Respondent. His explanation for the omission was that the Circuit Judge had told him that he could "forget about it" because adjudication of guilt had been withheld, and his lawyer had said that it would never interfere in the future. Petitioner denied that he was attempting to deceive the Respondent in his application, but had attempted to forget the arrest and did not intentionally omit it from his application. He further testified that he had been a drug addict who had been in a methadone program of treatment until about two and one-half years ago, but that he was now leading a normal life without drugs. (Testimony of Petitioner.)
Recommendation That the application of Robert Friedman for registration as a real estate salesman be denied. DONE AND ENTERED this 7th day of November 1978 in Tallahassee, Florida. COPIES FURNISHED: S. Ralph Fetner, Jr. Staff Attorney Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32802 Robert Friedman 242 Southwest 78th Place Miami, Florida 33144 THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of November 1978.
The Issue Whether the Respondent's real estate license in Florida should be disciplined as a result of his criminal conviction of crimes involving moral turpitude in violation of Section 475.25(1)(f), Florida Statutes.
Findings Of Fact At all times material to these proceedings, Respondent Rosenberg has been licensed as a real estate broker in Florida, and has held license number 0308769. The last license issued was as a broker and was sent in care of Monopoly Realty, Inc., 944 Country Club Boulevard, Cape Coral, Florida. On April 7, 1989, the Respondent entered guilty pleas to the eleven criminal charges set forth in an Information filed in Case No. 89-3310-CF10, Brevard County, Florida. Counts I-IV of the Information charged the Respondent with the crimes of unlawful and knowing possession of four different motion pictures containing sexual conduct by children. Counts V-XI of the Information charged the Respondent with possession of seven additional motion pictures or videotapes containing obscene materials. It was alleged that the Respondent intended to sell, show or distribute these videotapes. Upon acceptance of the pleas, the judge found the Respondent guilty of Counts V-VII and withheld adjudication on all other counts. The Respondent was sentenced to two years of community control followed by three years probation on Counts I-IV. In addition, he received six months probation to run concurrently with the first sentence on all other counts. Other conditions of the community control portion of the sentence required the Respondent to pay $774.50 in investigative costs to the Organized Crime Division, continue in sexual therapy, and required that he not accept employment in video stores or any establishment where adult magazines or videos are sold. After his pleas were accepted by the Court, the Respondent notified the Florida Real Estate Commission of the court's judgment and sentence by letter on May 3, 1989. Mitigation In mitigation, the Hearing Officer finds that the Respondent has never had a complaint filed against him during the eleven years he has been licensed and actively engaged in the sale of real estate in Florida. The Respondent realizes that his interest in pornography is prurient, and he is sincerely involved in the sexual therapeutic program. The Respondent has a supportive family which is anxious to assist him in overcoming his problem. The charges filed against the Respondent in the Information were based upon one criminal episode which involved eleven pornographic films or tapes.
Recommendation Based upon the foregoing, and having reviewed the mitigating factors presented by Respondent at hearing, it is recommended: That Respondent David Rosenberg be found guilty of having violated Section 475.25(1)(f), Florida Statutes, as set forth in the Administrative Complaint. That the Respondent's real estate broker's license be suspended for a period of four years in accordance with the guidelines set forth in Rule 21V- 24.001, Florida Administrative Code. This recommendation aligns itself with the sentence of the circuit court judge who has given Respondent the opportunity to be placed in a community control program with probation over a five-year period in order to receive sexual therapy and repay his debt to society for having committed crimes which violate Florida's obscenity laws. As one year of the sentence imposed by the court has passed, the recommended four-year suspension would run concurrently with the remaining term of the Respondent's sentence. RECOMMENDED this 7th day of May, 1990, in Tallahassee, Leon County, Florida. VERONICA E. DONNELLY Hearing Officer Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of May, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 89-5858 Petitioner's proposed findings of fact are addressed as follows: Accepted. Accepted. See HO #1. Accepted. See HO #2. Accepted. See HO #2 and #3. Rejected. Irrelevant. Respondent's proposed findings of fact are addressed as follows: Rejected. Improper legal conclusion and irrelevant. Rejected. Immaterial and Irrelevant. Rejected. Irrelevant. A collateral attack on Respondent's plea is improper as this is not the proper forum for such review. Rejected. Irrelevant. Accept that adjudication was withheld on all but Counts V- VIII in the Information. See HO #3. Accept that Respondent will be receiving therapy. See HO #3. Accept that Respondent has no prior arrests. The state of Respondent's future record once he successfully completes his sentence is irrelevant and is rejected as irrelevant. The assertion that child pornography is a victimless crime is rejected as contrary to fact. Accept subparagraphs 6(a) - (d). See HO #4 and HO #5. Reject subparagraph 6(e). Contrary to fact. See HO #2 and HO #3. COPIES FURNISHED: Steven W. Johnson, Esquire Department of Professional Regulation Division of Real Estate Post Office Box 1990 Orlando, Florida 32801 Peter L. Rosenberg Qualified Representative 1224 Southeast 23rd Place Cape Coral, Florida 33990 Darlene F. Keller, Executive Director DPR - Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Respondent, a licensed all lines adjuster, committed the offenses alleged in the Amended Administrative Complaint; and, if so, what penalties should be imposed.
Findings Of Fact The Department is a licensing and regulatory agency of the State of Florida charged with, among other duties, the responsibility and duty to enforce the provisions of the Florida Insurance Code, which consists of Chapters 624-632, 634, 635, 641, 642, 648, and 651, Florida Statutes (2002). See § 624.307(1), Fla. Stat. (2002). Respondent has been continuously licensed in the State of Florida as an independent all lines adjuster authorized to transact insurance adjusting business since August 1986. On January 1, 1999, at approximately 11:55 p.m., Respondent was driving his Ford Bronco in Tampa, Florida. Hillsborough County Sheriff's Deputy White noticed that Respondent's license tag appeared to be expired. He followed Respondent for about a quarter of a mile, while he ran Respondent's tag number through the computer to determine whether it was, in fact, expired. Upon receiving an affirmative response, Deputy White pulled over Respondent's vehicle. Reserve Deputy McLaughlin was riding with Deputy White. Deputy McLaughlin approached Respondent's car and immediately detected a strong odor of burning marijuana. Deputy White then approached the car and confirmed the smell of marijuana smoke. The deputies asked Respondent for permission to search his vehicle. According to both deputies, Respondent not only gave them permission to search his car, but told them where they could find the marijuana, which was inside a black travel bag on the back seat of the car. Both deputies testified that Respondent told them he had received the marijuana as a Christmas gift. Respondent was arrested for possession of more than 20 grams of cannabis, a third-degree felony pursuant to Subsection 893.13(6)(a), Florida Statutes (1998). At the hearing, Respondent testified that the black travel bag containing the marijuana belonged to an acquaintance to whom he had earlier given a ride. Respondent testified that he did not know the marijuana was in the car until the deputies found it and denied having told the deputies where to find it or that it was a Christmas gift. Respondent's testimony on these points was not credible. On or about February 12, 1999, a one-count information was filed in the Circuit Court of the Thirteenth Judicial Circuit, Hillsborough County, charging Respondent with possession of cannabis in violation of Subsection 893.13(6)(a), Florida Statutes (1998), a third-degree felony. On September 30, 2002, Respondent entered a plea of nolo contendere to the charge, which was accepted. Adjudication of guilt was withheld, and Respondent was placed on probation for a period of six months and ordered to perform 50 hours of community service. Respondent successfully completed his probation, and an order terminating probation was entered on February 5, 2003. After Respondent's arrest, but before the disposition of his case, the Department received an unrelated complaint concerning the manner in which Respondent was handling claims. Ms. Raulerson, a Department investigator, performed an investigation. She discovered that the Department did not have a current resident address for Respondent and obtained the correct address through Respondent's father. On January 3, 2002, Ms. Raulerson issued a letter of guidance to Respondent regarding the subject matter of the investigation. Ms. Raulerson's letter also reminded Respondent of his obligation to notify the Department of changes in his principal business, residence, and mailing addresses. She enclosed a copy of the appropriate form on which to notify the Department of address changes. During her investigation of Respondent's claims handling, Ms. Raulerson had a telephone conversation with Respondent. Ms. Raulerson mentioned that, unrelated to her investigation, the Department had received information indicating that Respondent had been charged with a felony. Respondent told Ms. Raulerson that the charge had been dismissed. Ms. Raulerson responded that if the charges had been dismissed, Respondent would be prudent to forward the paperwork to the Department so that its records could be corrected. In October 2002, Mr. Wilds, a Department investigator, was assigned to investigate whether Respondent had been convicted of, or pled guilty or nolo contendere to a felony, and had failed to notify the Department of his conviction or plea. Mr. Wilds was unable to contact Respondent at the addresses in the Department's files, which indicated that Respondent did not take the advice in Ms. Raulerson's letter of guidance. Mr. Wilds added the failure to notify the Department of his address change to his investigator. Mr. Wilds contacted the Hillsborough County Circuit Court to request documentation regarding the outcome of Respondent's criminal case. In response, the Hillsborough County clerk's office provided Mr. Wilds with certified documents indicating that Respondent had pled nolo contendere and been placed on probation. Mr. Wilds next contacted the Department of Corrections to obtain information on Respondent's probationary status. By letter dated December 6, 2002, Respondent's probation officer, Robert Hughey, confirmed that Respondent was serving a probationary period of six months, commencing September 30, 2002, and scheduled to terminate on March 29, 2003. Subsection 626.621(11), Florida Statutes (2002), provides that the following constitutes grounds for the discretionary discipline of an agent's licensure: (11) Failure to inform the department or office in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any felony or a crime punishable by imprisonment of 1 year or more under the law of the United States or of any state thereof, or under the law of any other country without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the case. Respondent failed to report to the Department, within 30 days of doing so, that he entered a plea of nolo contendere to a third-degree felony charge of possession of cannabis on September 30, 2002. Respondent testified that he did not inform the Department of his plea of nolo contendere to a felony because Mr. Hughey assured him that he had already notified the Department. The evidence establishes that Mr. Hughey contacted the Department only after Mr. Wilds requested information as to Respondent's probationary status and that this occurred more than 30 days after Respondent entered his plea. However, Respondent's reliance on Mr. Hughey militates against a finding that Respondent's failure to notify the Department was willful. As to the failure to notify the Department of his address changes, Respondent testified that he has always relied on his employers to notify the Department of his address when appointment papers are filed on his behalf and that there was never a problem until these investigations commenced. While Respondent's reliance on his employers does not absolve him of the personal responsibility envisioned by Section 626.551, Florida Statutes (2002), it does militate against a finding that Respondent's failure to notify the Department of his address changes was willful. Respondent's insurance license has not been previously disciplined in the State of Florida.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter a final order finding Respondent guilty of violating Subsection 626.621(8), Florida Statutes (2002), as alleged in Count I of the Amended Administrative Complaint; guilty of violating Subsection 626.621(11), Florida Statutes (2002), as alleged in Count II of the Amended Administrative Complaint; and guilty of violating Section 626.551, Florida Statutes (2002), as alleged in Count III of the Amended Administrative Complaint. It is further RECOMMENDED that Respondent's licensure as an all lines adjuster be suspended for three months for the violation of Count I, for three months for the violation of Count II, and for two months for the violation of Count III, with the suspensions for Counts II and III to run concurrently. DONE AND ENTERED this 30th day of April, 2004, in Tallahassee, Leon County, Florida. S LAWRENCE P. STEVENSON 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 30th day of April, 2004.
Findings Of Fact Petitioner is a state government licensing and regulatory agency charged with the responsibility and duty to prosecute Administrative Complaints pursuant to the laws of the State of Florida. Respondent is now and was at all times material hereto a licensed real estate salesman in the State of Florida, having been issued license number 00390879. The last license issued to Respondent was in 1988 as a salesman with Atlantic Marketing Realty, Inc., 224 Commercial Boulevard, Fort Lauderdale, Florida 33308. On July 26, 1984, a Grand Jury indictment was filed against Respondent in the United States District Court for the Middle District of Florida and was assigned case number 84-67-CR-ORL-18. By Count Two of the indictment Respondent was charged with having sold, transferred, or delivered approximately 1,000 counterfeit Federal Reserve Notes in the denomination of $100 in violation of Title 18, United States Code, Section 473. On September 28, 1984, Respondent entered into a "Plea Agreement" in which he agreed to plead guilty to Count Two of the indictment filed in case number 84-67-CR-ORL-18. By this Plea Agreement, Respondent acknowledged that he entered into the agreement freely and voluntarily. Respondent acknowledged his understanding of the nature of the offense to which he agreed to plead guilty and the penalties therefor. The factual basis for his plea includes an admission that he knowingly delivered 1000 counterfeit $100 bills to two individuals at a motel in Daytona Beach, Florida, for which he received approximately $15,000. On November 19, 1984, Respondent entered a plea of guilty to Count Two of the indictment, a felony. He was adjudicated guilty of this felony offense and sentenced to three years in prison. Respondent served approximately ten months of the three year sentence at the Federal Correctional Institute in Lexington, Kentucky. Upon his release from federal prison, Respondent spent four months at a halfway house in Fort Lauderdale, Florida. Respondent was not incarcerated at the time the Administrative Complaint was filed or at the time of the formal hearing. Respondent contends that he thought that he was working for the federal government when he committed the acts which resulted in his incarceration. This contention is rejected as lacking credibility and as being contrary to the Respondent's Plea Agreement. There is a dispute in the record as to whether Respondent notified Petitioner in writing as to his criminal conviction or his subsequent incarceration within thirty days of those events. Respondent contends that he notified Petitioner verbally and in writing of these events, but he was unable to identify the person he contends he notified verbally, nor did he produce a copy of his alleged written notification. Petitioner's records reflect no written notification from Respondent or from anyone on his behalf. This dispute is resolved by finding that Respondent did not notify Petitioner in writing as to his criminal conviction or his subsequent incarceration.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Florida Real Estate Commission enter a final order which finds that Respondent violated the provisions of Section 475.25(1)(b),(f), and (p), Florida Statutes, and which revokes all real estate licenses previously issued Respondent. It is further recommended that no administrative fines be entered against Respondent. RECOMMENDED this 13th day of September, 1990, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 904/488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of September, 1990. APPENDIX TO RECOMMENDED ORDER, CASE NO. 90-3568 The following rulings are made on the proposed findings of fact submitted on behalf of the Petitioners. The proposed findings of fact contained in paragraph 2 are rejected as being contrary to the evidence. Respondent's licensure is as a real estate salesman, not as a real estate broker. Whether Respondent was licensed as a broker or as a salesman would make no difference in the recommendation made as to the penalty to be imposed. All other proposed findings of fact are adopted in material part by the Recommended Order. COPIES FURNISHED: James H. Gillis, Esquire Senior Attorney Florida Department of Professional Regulation Division of Real Estate 400 West Robinson Street Suite N-308 Post Office Box 1900 Orlando, Florida 32802 William Richard Rossmeyer 180 Isle of Venice, #125 Post Office Box 7412 Fort Lauderdale, Florida 33338 Darlene F. Keller Division Director Department of Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801 Kenneth E. Easley General Counsel Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792
The Issue The issue in the case is whether the application filed by John Stover Mark (Petitioner) for licensure as a resident independent all lines adjuster should be approved.
Findings Of Fact On June 13, 2005, the Petitioner was driving his vehicle and was stopped for unlawful speeding. During the traffic stop, the law enforcement officer discovered that a grand theft warrant had been issued and was outstanding against the Petitioner. Prior to the traffic stop, the Petitioner was unaware of the warrant. The Petitioner was arrested on the warrant and charged with a third degree felony count of grand theft. The Petitioner testified that the charge was related to a claim by his former employer that the Petitioner had stolen tools from a construction job site. According to the Petitioner, he had been employed in the construction industry for many years by the same employer and had become unhappy with the lack of financial support he believed he was receiving from the employer. Eventually, he decided to quit the job and called his employer from the job site to do so. The Petitioner testified that he advised the employer that he was leaving the job and that the tools that belonged to the employer were being left at the job site. The abandoned tools apparently went missing, and the Petitioner was subsequently charged with the theft of the equipment. Although the Petitioner testified that he entered a plea of nolo contendere to the charge upon advice of his public defender, the court records indicate that the Petitioner entered a guilty plea to one count of grand theft, a third degree felony, on July 29, 2005, in Case No. 05-CF-012565, Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County, Florida. The confusion related to the actual plea entered is immaterial to the disposition of this case. In any event, adjudication was withheld, and the Petitioner was sentenced to make restitution and pay court costs and to complete a five-year probationary period. The probation was terminated by order of the Court after approximately two years after the Petitioner had complied with all other requirements of his sentence. The Petitioner was subsequently injured in an automobile accident and through the services of the Department of Education, Division of Vocational Rehabilitation (DVR), received training for another occupation for which he was physically capable. The Petitioner testified that the DVR provided computer equipment and also funded the educational training that was a requirement for licensure as an insurance adjuster. The Petitioner testified that he disclosed the grand theft felony to his DVR counselor, who was apparently unconcerned or unaware that the felony incident posed an impediment to the Petitioner's prospects for licensure as an insurance adjuster. After completing the relevant training, the Petitioner filed an application for licensure as a resident independent all lines adjuster on July 11, 2007. The application contained the following question: Have you ever been convicted, found guilty, or pled guilty or nolo contendere (no contest) to a felony under the laws of any municipality, county, state, territory or country, whether or not adjudication was withheld or a judgment of conviction was entered. The Petitioner answered the question in the affirmative. The Petitioner truthfully answered other questions on the application related to the felony problem and properly disclosed the relevant information. There is no evidence that the Petitioner has failed to disclose the grand theft incident in response to any inquiry material to this case, or has made any attempt to conceal the matter from the Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner's application for licensure as a resident independent all lines adjuster be denied. DONE AND ENTERED this 13th day of May, 2008, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 13th day of May, 2008. COPIES FURNISHED: William Gautier Kitchen, Esquire Department of Financial Services Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0333 John Stover Mark 8143 Sudbury Drive Port Richey, Florida 34668 Honorable Alex Sink Chief Financial Officer Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Daniel Sumner, General Counsel Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0307
The Issue The issue to be resolved in this proceeding concerns whether the Respondent committed the violations charged in the Administrative Complaint, involving possessing and introducing onto the grounds of a state correctional institution, certain controlled substances and, if so, what if any penalty is warranted.
Findings Of Fact The Respondent, Erlene Stewart, has been employed as a correctional officer at Union Correctional Institution (UCI). She was so employed on February 1, 1999, and had been employed there for almost five years at that time. The Respondent was working on Saturday, January 30, 1999. On that day, officers at UCI examined employees coming to work by conducting an "Ion Scan" of employees to attempt to detect any drug or drug residues on or about their persons when they entered the institution to go on duty. The Respondent was subjected to such an Ion Scan and successfully passed it. Thus, she was aware that a drug detection effort was being conducted on Saturday, January 30, 1999, at UCI. February 1, 1999, was the Monday after that Saturday. The Respondent was working that day in tower number five of UCI. She had driven to work that day in the black Pontiac Grand Am in question, which is registered in her name. She was working on the 8:00 a.m. to 4:00 p.m., shift on that Monday. It was very unusual for a drug detection operation to be conducted on that Monday, immediately succeeding the Ion Scan drug detection operation which had been conducted on Saturday, two days before. Such a drug detection operation was conducted in the parking lot of UCI on Monday, February 1, 1999, however, using a drug detection dog. It was very unusual for a drug detection dog to be used so soon after an Ion Scan drug detection operation and also unusual for the dog to be used at 12:30 in the afternoon. The Respondent was surprised to find that a drug detection dog was being used in the parking lot of UCI on February 1, 1999. When the Respondent came to work on that day she locked her car leaving the windows slightly cracked and went inside to go on duty. Later that day, at approximately 12:30 p.m., a drug detection dog, handled by Sergeant Box of UCI, was examining vehicles in the parking lot and "alerted" to the presence or odor of narcotics inside or on the Respondent's vehicle. The dog had been trained and certified to be capable of passively alerting to the odors of four narcotics: marijuana, powdered cocaine, crack cocaine and heroin. After the dog alerted to the presence of contraband drugs in or on the Respondent's vehicle, the Respondent, who was then working in tower number five, was relieved of duty and summoned to her vehicle in the parking lot on the grounds of UCI. When she arrived in the vicinity of her vehicle, she was informed that a drug detection dog had alerted to her vehicle. She provided a written consent, to the officers present, to a search of her vehicle. The Respondent had to unlock her vehicle in order for the drug detection officers to begin their search of its interior. Upon gaining access to the interior of the Respondent's vehicle, Sergeant Mobley of Hamilton Correctional Institution, discovered an aluminum foil package containing a white powder suspected to be cocaine, on the passenger's side of her vehicle. Sergeant Mobley turned that package over to the custody of Inspector Bailey. Sergeant Dugger found what appeared to be marijuana on the driver's side of the Respondent's vehicle. Prior to his entry into the vehicle, Sergeant Dugger and Inspector Bailey had observed through the window what appeared to be marijuana and marijuana seeds on and about the driver's seat. The Respondent is familiar with the appearance of marijuana and cocaine. Moreover, she is aware that cocaine is commonly wrapped in aluminum foil. Her former husband had been known to use cocaine according to the Respondent's testimony. Inspector Bailey took custody of the suspected cocaine and marijuana and conducted two tests on both substances. The results of his field test and Ion Scan test were positive for marijuana and cocaine. The evidence was then turned over to Inspector Yaw who conducted another Ion Scan test on the white powder confirming it as cocaine. Sergeant Dale Pfalzgraf of the Union County Sheriff's Office, was summoned to UCI on that day, after the suspected drugs were located in the Respondent's vehicle. Inspector Yaw turned over to him a sealed plastic bag containing what appeared to be marijuana and a tin-foil package of what appeared to be cocaine. Deputy Pfalzgraf placed the Respondent under arrest and transported her and the evidence to the Sheriff's office. He placed the evidence into a secure locker with the evidence custodian, pending its transportation to the Florida Department of Law Enforcement (FDLE) laboratory. Deputy Tomlinson of the Union County Sheriff's Office was given the evidence that was seized from the Respondent's vehicle by the evidence custodian and transported it to the FDLE laboratory in Jacksonville, Florida, for testing. At the FDLE laboratory, Allison Harms received the evidence from Deputy Tomlinson. The evidence bag remained sealed until testing was performed by Ms. Somera, the FDLE chemistry analyst. Ms. Somera tested the substances contained within the bag and positively identified them as cannibis and cocaine. The Respondent maintains in her testimony that her former husband had access to her vehicle and had used it in the last several days with some of his friends. She contends that he is a known illicit drug user (cocaine). She also states that she left the windows to her car slightly cracked for ventilation when she parked it in the parking lot on the day in question to go to work. She states, in essence, that either the illicit drug materials found in her car were placed there without her knowledge by her former husband or his friends or, alternatively, that the correctional officers involved in the investigation planted the drug materials in her car in order to remove her from employment and/or licensure as retaliation for past employment-related friction she states she had with prison authorities. She also contends that another prison employee told her in private that she was being "framed" but that that person refused to testify on her behalf because of fear of potential loss of his job. In any event, her self-serving testimony is not corroborated by any other witness or exhibit and is not credited.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is, therefore, RECOMMENDED: That the Respondent be found guilty of failure to maintain good moral character as defined by the above-cited legal authority and that her certification be suspended for a period of two years. DONE AND ENTERED this 2nd day of April, 2001, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF 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 2nd day of April, 2001. COPIES FURNISHED: Gabrielle Taylor, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Erlene Stewart Route 1, Box 52 Sanderson, Florida 32087 A. Leon Lowry, II Program Director Division of Criminal Justice Professionalism Services Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue The issue presented here concerns the Administrative Complaint brought by the Petitioner, State of Florida, Department of Professional Regulation, against the Respondent, Jack V. Quick, alleging that the Respondent has been found guilty of crimes against the laws of the United States, which crimes directly relate to the activities of a licensed broker or salesman or involve moral turpitude or fraudulent or dishonest dealing, in violation of Subsection 475.25(1)(f), Florida Statutes. Specifically, it is charged that the Respondent was found guilty on or about December 11, 1979, of certain offenses, namely counts Three, Four, Five and Six of an indictment dated July 31, 1979. Those offenses involved: (1) the willful and knowing conspiracy with others to possess with intent to distribute a controlled substance, to wit, marijuana, (2) the use and arrangement for the use of telephonic communications in the aforementioned enterprise, two counts, and (3) travel in interstate commerce to carry out the business of distributing a controlled substance, to wit, marijuana in violation of Section 841(a)(1), Title 21, United States Code; Section 846, Title 21, United States Code; and Section 1952(a)(3), Title 18, United States Code.
Findings Of Fact Petitioner, as the State of Florida, Department of Professional Regulation, brought an Administrative Complaint against the Respondent, Jack V. Quick, setting forth those allegations as are found in the Issues statement of the Recommended Order. The Respondent requested a formal administrative hearing pursuant to Subsection 120.57(1), Florida Statutes, and on February 9, 1981, that hearing was conducted. The case was presented on the basis of the introduction of Joint Exhibits A, B and C, by the parties. Joint Exhibit A is an indictment by the Grand Jury in the United States District Court, Middle District of Georgia, Valdosta Division, Case No. 79-7-VAL, placed against the Respondent Jack V. Quick who is referred to in the indictment as Jack Vernon Quick. Joint Exhibit B is the Judgment and Commitment Order of the U.S. District Court in the aforementioned case arising from a finding/verdict directed to the aforementioned indictment. Joint Exhibit C is the Judgment of the United States Court of Appeal, for the Fifth Circuit, directed to the judgment of the United States District Court, Middle District of Georgia, Valdosta Division. From the position taken by the parties in this action and the documents stipulated to by the parties, the following facts are found: Respondent, Jack V. Quick, is a real estate broker, licensed by the Petitioner, State of Florida, Department of Professional Regulation, Board of Real Estate. The Respondent, Jack V. Quick, under the name Jack Vernon Quick, was indicted by the Grand Jury of the United States District, Middle District of Georgia, Valdosta Division, Case No. 79-7-VAL on the following Counts: COUNT ONE From on or about August 17, 1978, to and including on or about August 19, 1978, within the Middle District of Georgia and elsewhere, the defendant, JACK VERNON QUICK, wilfully and knowingly did transport and cause to be transported and did aid and abet the transportation in interstate commerce from Tallahassee, Florida, to the State of Georgia, David Karl Roberts who had theretofore been unlawfully seized, confined, kidnapped, abducted, carried away, and held by the said defendant, JACK VERNON QUICK, for ransom, reward and otherwise, that is, for the purpose of obtaining a particular hoard of one thousand pounds of marijuana or the return of the defendant's downpayment of $68,000 on the purchase price of $138,000 of the said marijuana; in violation of Sections 1201(a)(1) and (2), Title 18, United States Code. COUNT TWO From on or about August 17, 1978, to and including on or about August 19, 1978, within the Middle District of Georgia and elsewhere, the defendant, JACK VERNON QUICK, wilfully and knowingly did combine, conspire, confederate and agree together with others known and unknown to the Grand Jury to violate Section 1201 (a)(1), Title 18, United States Code, that is, to wilfully and knowingly transport in interstate commerce from Tallahassee, Florida, to the State of Georgia, David Karl Roberts, who had theretofore been unlawfully seized, confined, kidnapped, abducted, carried away and held by the said defendant for ransom, reward and otherwise, to wit, for the purpose of obtaining a particular hoard of one thousand pounds of marijuana or the return of the defendant's downpayment on said marijuana. OVERT ACTS In furtherance of the conspiracy and to effect that objects thereof the defendant performed the following overt acts: On or about August 17, 1978, David Karl Roberts was transported by force and coercion by the defendant and others from the residence of James Mann Ervin to the residence of defendant JACK VERNON QUICK, both residences being in the State of Florida. On or about August 18, 1978, David Karl Roberts was transported by force and coercion from the residence of defendant JACK VERNON QUICK in Tallahassee, Florida, to Valdosta, Georgia, by the defendant JACK VERNON QUICK and others. On or about August 19, 1978, David Karl Roberts was transported by force and coercion from Valdosta, Georgia, to defendant JACK VERNON QUICK's residence in Tallahassee, Florida, where he was held against his will by the defendant and others. All in violation of Section 1201(c), Title 18, United States Code. COUNT THREE From on or about July 1, 1978, to and including on or about August 18, 1978, in Valdosta, Georgia, in the Middle District of Georgia and elsewhere, the defendant, JACK VERNON QUICK, did unlawfully, wilfully and knowingly combine, conspire and confederate and agree together with others known and unknown to the Grand Jury, to commit an offense in violation of Section 841(a)(1), Title 21, United States Code, to wit, to knowingly and intentionally possess with intent to distribute approximately 1,000 pounds of marijuana, a Schedule I controlled substance; all in violation of Section 846, Title 21, United States Code. COUNT FOUR On or about August 16, 1978, the defendant, JACK VERNON QUICK, did use and cause to be used a facility in interstate commerce, that is, telephonic wire communications from Tallahassee, Florida, to Adel, Georgia, in the Middle District of Georgia, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of section 841(a)(1), Title 21, United States Code, and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of Section 1952(a)(3), Title 18, United States Code. COUNT FIVE On or about August 18, 1978, the defendant, JACK VERNON QUICK, did travel in interstate commerce from Tallahassee, Florida, to Valdosta, Georgia, in the Middle District of Georgia, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of Section 841(a)(1), Title 21, United States Code, and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of Section 1952(a)(3), Title 18, United States Code. COUNT SIX On or about August 18, 1978, the defendant, JACK VERNON QUICK, did use and cause to be used a facility in interstate commerce, that is, telephonic wire communications from Tallahassee, Florida, to Valdosta, Georgia, in the Middle District of Georgia, with the intent to promote, manage, establish, carry on, and facilitate the promotion, management, establishment and carrying on of an unlawful activity, said unlawful activity being a business enterprise involving the distribution of narcotics and controlled substances, to wit, marijuana, in violation of Title 21, United States Code, Section 841(a)(1), and thereafter did perform and attempt to perform acts to promote, manage, and carry on and facilitate the promotion, management and carrying on of said unlawful activity; in violation of Title 18, United States Code, Section 1952(a)(3). On December 11, 1979, the Respondent was found not guilty of the aforementioned Counts One and Two. On December 11, 1979, the Respondent was found guilty of Counts Three, Four, Five and Six and was sentenced to five (5) years under Count Three or until otherwise discharged as provided by law, to be followed by special parole for two (2) years. On each of the Counts Four, Five and Six, the Respondent was given a five (5) year sentence to be served to run concurrently with the sentence set forth in Count Three. On November 7, 1980, in an action on Summary Calendar, United States Court of Appeal, for the Fifth Circuit, No. 79-5729, the court upheld the aforementioned judgment entered December 11, 1979, by the United States District Court, Middle District of Georgia, Valdosta Division. The appellate court order of affirmance was issued as a mandate on December 4, 1980.
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following facts were found: At all times material to these proceedings, Respondent was a licensed Ordinary Life, including Disability Agent, doing business as Steven Miller Insurance and Associates located at 718 Broadway, Suite 2, Daytona Beach, Florida. On June 2, 1983, the Respondent was charged by a Criminal Information in Case No. 83-2219-CC with two (2) felony counts, Count I being presentation of a fraudulent insurance claim, in violation of section 817.234, Florida Statutes, and County II being grand theft of the second degree, in violation of section 812.014, Florida Statutes. On January 5, 1984, the Respondent entered a plea of nolo contendere to the felony offense of Grand Theft of the Second Degree, a Third Degree Felony, Case No. 83-2219-CC, in the Circuit Court for the Seventh Judicial Circuit of Florida in and for Volusia County, Florida. On January 5, 1984, the Circuit Court for the Seventh Judicial Circuit accepted Respondent's plea of Nolo Contendere and placed Respondent on three (3) years of supervised probation, withholding adjudication of guilt and imposition of sentence. On July 8, 1985, Respondent was discharged from probation after successfully completing eighteen (18) months of his three (3) year probationary period. Respondent's testimony was that: (1) his boat, a 24- foot Regal Royal was taken while parked across from his home just prior to June 29, 1982; (2) he reported the theft to the Daytona Beach Police Department on June 29, 1982; (3) he filed an insurance claim several months after reporting the theft to the police and was paid; (4) approximately one (1) year later his boat was found in the possession of his wife's sister and her husband; and (5) he plead nolo contendere to the charge of grand theft on advice of counsel that a plea of nolo contendere was the same as pleading innocent, would not affect his insurance license and the plea would avoid putting a strain on his marriage. Mainly this testimony went unrebutted by the Petitioner.
Recommendation Based upon the findings of facts and conclusions of law recited herein, it is RECOMMENDED that the Respondent be found guilty of violating section 626.611(14), Florida Statutes. For such violation, considering the circumstances surrounding the violation, it is RECOMMENDED that the Petitioner enter a final order suspending the Respondent's license for a period of two (2) years. DONE and ENTERED this 24th day of October, 1985, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 FILED with the Clerk of the Division of Administrative Hearings this 24th day of October, 1985. APPENDIX Rulings on Petitioner's Proposed Findings of Fact: Adopted in Finding of Fact No. 1. Adopted in Finding of Fact No. 2. Adopted in Finding of Fact No. 3. Adopted in Finding of Fact No. 4 with the exception of the language that "Respondent was sentenced." Petitioner's Exhibit No. 3 specifically states that sentence was withheld and Respondent was placed on probation. Rejected on a conclusion of law rather than a proposed finding of fact. Adopted in Finding of Fact No. 5 with the exception of the date July 1, 1985. Respondent's Exhibit No. 2 shows the order was entered on July 8, 1985. Rulings on Respondent's Proposed Findings of Fact: (Respondent did not number the paragraphs in his Proposed Findings of Facts but for purposes of this Appendix a number has been assigned to each paragraph.) This information was considered as background information and, therefore, covered in the background portion of this Recommended Order. Adopted in Finding of Fact No. 1. This information was considered as background information and, therefore, was covered in the background portion of this Recommended Order. The information in the first sentence was considered as background information and, therefore, was covered in the background portion of this Recommended Order. The second sentence is Respondent's interpretation of what Petitioner alleges and is not a finding of fact but more a conclusion of law. 5.-6. Other than as adopted in Finding of Fact No. 6, rejected as immaterial, unnecessary and unsupported hearsay. 7. Adopted in Finding of Fact Nos. 4 and 5 with the exception of the language "after completing six months he was released." Petitioner's Exhibit No. 2, Respondent's Exhibit No. 2 and Respondent's testimony on lines 15-19, page 15 of the transcript shows Respondent served eighteen (18) months of his probationary period. COPIES FURNISHED: Lisa Santucci, Esquire 413-B Larson Building Tallahassee, Florida 32301 Thomas F. Woods, Esquire Gatlin, Woods, Carlson & Girtman 1030 East Lafayette Street Tallahassee, Florida 32301 Honorable William Gunter Department of Insurance and Treasurer State Treasurer and Insurance Commissioner The Capitol - Plaza Level Tallahassee, Florida 32301
