Findings Of Fact The Respondent, Randy Lee Pomerantz, is currently eligible for licensure and is licensed in the State of Florida as a general lines, property, casualty, surety, and miscellaneous lines insurance agent. On or about May 30, 1989, the Respondent, along with one of his former employees, was charged by Information in the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, Florida, in Case No. 89-20405, with fifteen felony counts and three misdemeanor counts. The fifteen felony counts included one count of a RICO violation, one count of scheme to defraud, three counts of grand theft in the second degree, and ten counts of grand theft in the third degree. On or about July 13, 1990, the Respondent entered a plead of nolo contendere to Count VIII of the information, which was one of the counts charging grand theft in the third degree in violation of Section 812.014, Florida Statutes. The prosecutor entered a nolle prosequi as to all other counts insofar as they related to the Respondent. Adjudication of guilt was withheld on Count VIII. The Respondent was placed on probation for three years and ordered to pay restitution in the amount of $2,325.03. The Respondent's plea of nolo contendere to Count VIII of the Information was a plea of convenience. The Respondent did not commit the acts alleged in Count VIII of the Information. As the Respondent explained at the hearing, at the time of his plea his wife was about to give birth and he did not feel he could take a chance on a "roll of the dice" with a jury trial.
Recommendation For all of the foregoing reasons, it is RECOMMENDED that the Department of Insurance and Treasurer issue a Final Order in this case dismissing the Amended Administrative Complaint in its entirety. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 27th day of February 1991. MICHAEL PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of February 1991. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 90-4430 The following are the specific rulings on all proposed findings of fact submitted by all parties. Findings proposed by Petitioner: Paragraphs 1, 2, and 4: Accepted. Paragraph 3: Rejected as contrary to the greater weight of the evidence. Although it is likely that the facts alleged in Count VIII of the Information related to the transaction of insurance business in this state, such is not established by clear and convincing evidence. And, in any event, the matter is irrelevant in light of the findings that the Respondent's plea was a plea of convenience and that the Respondent was not guilty of the crime charged. Findings proposed by Respondent: COPIES FURNISHED: James A. Bossart, Esquire Department of Insurance 412 Larson Building Tallahassee, Florida 32399-0300 Ted Crespi, Esquire 110 Tower, Suite 815 110 S.E. 6th Street Fort Lauderdale, Florida 33301 Tom Gallagher Bill O'Neil State Treasurer and General Counsel Insurance Commissioner Department of Insurance The Capitol, Plaza Level and Treasurer Tallahassee, Florida 32399-0300 The Capitol, Plaza Level Tallahassee, Florida 32399-0300
The Issue Is Petitioner entitled to exemption from disqualification by law with regard to working in a position of special trust and responsibility related to children, disabled adults, and elderly persons?
Findings Of Fact Petitioner is disqualified from working in a position of special trust because of a 1980 conviction of Grand Theft and Aggravated Assault; a 1981 Grand Larceny conviction; a 1986 Stolen Property conviction; a 1989 possession of cocaine charge; and a 1991 Grand Larceny conviction. Petitioner's testimony was direct, candid, and creditable. She previously engaged in a life-style that is no longer compatible with her present involvement with church and community. A 1976 diagnosis of lupus and subsequent marital problems led to her depression and her prior illicit activities. She has since reformed and is a credit to the community. Her testimony was well corroborated by the testimony of seven other witnesses. As established by clear and convincing evidence at the final hearing, Petitioner is rehabilitated and unlikely again to engage in criminal conduct or present a threat to children, disabled adults, or elderly persons, if employed in a position of special trust. The various criminal offenses for which Petitioner has been convicted, were all committed more than three years prior to her disqualification notice from Respondent for which Petitioner now seeks exemption. Section 435.07, Florida Statutes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered granting Petitioner's request for exemption from disqualification to work with children in positions of special trust. DONE AND ENTERED this 30th day of November, 1999, 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 30th day of November, 1999. COPIES FURNISHED: Carolyn Grimes 626 St. Clair Street Jacksonville, Florida 32254 Roger L. D. Williams, Esquire Department of Children and Family Services Post Office Box 2417 Jacksonville, Florida 32231-0083 Samuel C. Chavers, Acting Agency Clerk Department of Children and Family Services Building 2, Room 204B 1317 Winewood Boulevard Tallahassee, Florida 33299-0700 John S. Slye, General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 33299-0700
Findings Of Fact The Respondent Michael Rush is a Doctor of Podiatry having been issued license number PO 0000529. The Respondent Rush was charged with and convicted of conspiracy to possess and import marijuana, Title 21 USC 841(a)(1), in the United States District Court, Connecticut. On March 30, 1981, the Respondent's conviction was affirmed, United States v. Rush, 666 F.2d 10 (2nd Cir. 1981). The Respondent Rush was incarcerated for a period of fourteen months, paid a fine of $15,000 and forfeited $33,000 from his savings account to the federal government pursuant to 21 USC 881(a)(6)(1976). The Respondent Rush is a resident of Broward County, Florida and maintains a professional office at 4700 Sheridan Street, Hollywood, Florida. Prior to the instant conviction, the Respondent Rush had never been charged with or convicted of any crime. The Respondent Rush has been active in community affairs, having participated in Little League, Boy Scouts, the Broward County Fair, and has received character references from a variety of local community leaders. The Respondent Rush is currently practicing his profession, has obtained professional liability insurance through the Podiatry Trust and is on the staff of Community Hospital of North Broward and Hollywood Pavillion.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Administrative Complaint filed against Michael Rush by the Board of Podiatry be dismissed. DONE and ORDERED this 30th day of December, 1982, in Tallahassee, Florida. SHARYN L. SMITH, 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 30th day of December, 1982.
Findings Of Fact Respondent Domingo Fortunato Galvan is a registered nurse in the State of Florida having been issued license number 71608-2. On or about February 28, 1981, Respondent was found guilty in the United States District Court for the Southern District of Florida of conspiracy to distribute and possess a controlled substance and of possession with intent to distribute a controlled substance. That conviction is still on appeal. No evidence was presented by Petitioner with respect to the Respondent's ability to practice as a nurse. Rather, Respondent's evidence indicates that Respondent is a good nurse.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore RECOMMENDED that a final order be entered finding Respondent Domingo Fortunato Galvan guilty of violating Section 464.018(1),(g), Florida Statutes (1979), as charged in the Administrative Complaint and suspending Respondent's license number 71608-2 until the mandate is issued in the appeal of his criminal conviction. If the Respondent's conviction is reversed, his license should be reinstated automatically. If the Respondent's conviction is sustained, he should remain suspended until he appears before the Board of Nursing and demonstrates by clear and convincing evidence that he is then and there capable of practicing nursing in accordance with the laws of the State of Florida. If and when the Respondent's license is reinstated, the Board may, at its discretion, place the Respondent on probation with reasonable terms and conditions for a period of up to two years. DONE and RECOMMENDED this 1st day of December, 1982, in Tallahassee, Leon County, Florida. LINDA M. RIGOT, 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 1st day of December, 1982. COPIES FURNISHED: Julia Forrester, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 W. Ted Ernst, Jr., Esquire 509 Whitehead Street Key West, Florida 33040 Samuel R. Shorstein, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Helen P. Keefe, Executive Director Board of Nursing 111 Coastline Drive, East Suite 504 Jacksonville, Florida 32202
Findings Of Fact On March 28, 1978, Kenneth Williams submitted application for employment to Duval County School Board (Exhibit 24) in which he acknowledged prior arrest for auto theft in 1968 and indicated he was placed on parole. This application was never signed by Williams but was treated for all purposes, including his employment, as a complete application. Due to administrative error, the normal police name check was not accomplished on this application and Respondent was hired as a science teacher by Duval County school system. On 24 March 1978 Respondent applied to the Florida Department of Education for a teacher's certificate (Exhibit 12). On this application in Item V which inquired if applicant had been arrested, Respondent checked the "Yes" block and on the two lines below he showed the place, date, nature of charge and disposition of the two most serious charges for which Respondent had been arrested and convicted. He there showed a 1968 auto theft and a 1969 robbery. Disposition of both was that he is on parole. At the time this application was approved and issued on 23 May 1978, Petitioner was certainly aware that Respondent had been convicted of at least two felonies. Had inquiry been made to determine Respondent's full criminal record, it would have been disclosed that in 1965 Respondent was found guilty of petty larceny (Exhibit 13) and sentenced to six months; in 1967 he was convicted of two counts of larceny of a motor vehicle (Exhibit 14) and sentenced to seven years imprisonment; in 1969 he was convicted of robbery and sentenced to 25 years confinement to start after the seven-year sentence was terminated (Exhibit 15); that a probation of October 7, 1966, was set aside and Respondent was sentenced to serve six months for resisting an officer (Exhibit 16); that in 1974 Respondent was found to be in violation of Florida's Financial Responsibility Law and fined $25 (Exhibit 17); that in 1975 he was found guilty of attempted petty larceny and sentenced to 60 days, of which 45 were suspended (Exhibit 18); that in 1976 he was charged with battery and the charge was nol- prossed (Exhibit 19); and that in 1976 and 1977 he had three convictions for driving with a suspended license (Exhibits 20, 21 and 22). The three offenses for which Respondent had been sentenced to prison for 25 and seven years, i.e., robbery and two larcenies of vehicles, had been reported. Those not reported carried a total sentence of less than six months in jail. Following Respondent's arrest in 1979 on a charge of battery (Exhibit 19), this was reported to the Duval County school system, security division, with the information that Respondent had a lengthy arrest record. The information was then passed by the security division to the Personnel Department with the recommendation that Respondent not be employed in a position requiring contact with children (Exhibit 26). The information on the arrest record was also passed to the Florida Department of Education for appropriate action. At the time of this arrest, the Respondent was assigned as science teacher at Forrest High School. The battery charge was nol-prossed in 1980. Upon receipt of Respondent's arrest record at the Department of Education, the case was assigned to a staff member for investigation and recommendation. His report (Exhibit 31) states that Respondent does not deny the arrest record and "indeed recorded same in his application for certification." As noted above, Respondent reported the three most serious offenses of which he had been convicted in the space provided on the application form. The fact that arrests for the less serious offenses of petty larceny were not included by Respondent on his application was evidently known and considered by this investigator in reaching his conclusion that the issue of fraudulent application for certification does not arise in this application. At the time Exhibit 31 was prepared, the procedure for processing complaints against teachers was being revised and neither the old system nor the new system was followed to its proper conclusion. As a result no final action was taken by Petitioner on the recommendation of the investigator that no probable cause for disciplinary action existed on the allegation that Williams was unfit to retain his certification. At the time this recommendation was made (and without the prescribed follow-up to a final agency action), Respondent's record, as known by Petitioner, showed Respondent had been paroled in 1973, to remain on probation until 1986; that he enrolled at the University of North Florida and graduated with a BA degree in 1978 with a major in natural science; that he had been teaching with satisfactory evaluations in the Duval County school system for over a year; and that the battery charge stemmed from a domestic dispute. On 31 October 1980 Respondent proceeded to the apartment of his former girlfriend, Shirley Hall, and the mother of his eight-year-old son to take the boy a Halloween costume. When Ms. Hall would not allow the Respondent to see the boy, angry words were exchanged and Respondent departed. He was later seen shortly after midnight, November 1, 1980, in the vicinity of Ms. Hall's car which was parked in a lot near her apartment by both Ms. Hall's mother, who was visiting, and by a neighbor. By mid-morning on November 1, 1980, Ms. Hall became aware that the interior of her car had been burned during the night and she called the police. When she parked the car on the evening of October 31, 1980, Ms. Hall locked the car as she did every time she left the car unattended. Williams, two or three years ago when on friendly relations with Ms. Hall, had been given a key to Ms. Hall's car. No evidence was presented that he had returned the key or that he still had the key. Upon arrival, the police found the car unlocked and two plastic milk cartons of one-gallon capacity inside the car. Both of these cartons contained gasoline and one was melted about one-third away from the top. The physical evidence indicates that one carton with gasoline and rolled paper wick had been placed under the steering wheel and one placed on the back seat of the car. The wicks had been lighted, the door closed and the ensuing flames and smoke had blackened the windows and cause serious damage to the upholstery and overhead of the car. Lack of oxygen in the car caused both fires to become extinguished before enough heat was generated to cause the gas to explode or to blow out the windows. Approximately two days later Respondent was arrested and charged with arson (Exhibit 23). Following a mistrial the case was nol-prossed. This charge against Respondent received publicity in the Jacksonville papers and at least once was reported on TV news. While these charges were pending, Respondent was removed from his position at Forrest High School and assigned to the media center for the duration of that school year. In September 1981 Respondent was assigned to Ribault Junior High School as a science teacher. In March 1982 he received an overall evaluation of satisfactory from his principal at Ribault.
Findings Of Fact Respondent is Mason Calvin Jackson, licensed by Petitioner at all times relevant to these proceedings to engage in the business of insurance as a life agent, a life and health agent and as a health insurance agent. On or about August II, 1987, Respondent entered a plea of guilty in the United States District Court for the Southern District of Florida to dealing in counterfit obligations or securities of the United States in violation of Title 18 U.S.C. Section 473. Respondent was adjudged guilty of the offense and subsequently sentenced to incarceration for six months followed by three years of probation. The maximum sentence for the offense is a fine of $5,000 and/or imprisonment of 10 years. Respondent's guilty plea, conviction and sentence are undisputed. No evidence was presented regarding the underlying factual basis upon which Respondent's guilty plea, conviction and sentence rest.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered finding Respondent has demonstrated a lack of fitness or trustworthiness to engage in the business of insurance in violation of Sect 626.611(7), Florida Statutes, and revoking his licenses and eligibility for licensure. DONE AND ENTERED this 24th day of August, 1988, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 24th day of August, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NOS. 88-1234, 88-1468 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. PETITIONER'S PROPOSED FINDINGS Addressed in finding 1. Addressed in finding 1. Addressed in finding 2. Addressed in finding 3. RESPONDENT'S PROPOSED FINDINGS 1.-2. Addressed in finding 1. 3. Addressed in findings 2-3. COPIES FURNISHED: S. Marc Herskovitz, Esquire Department of Insurance and Treasurer 413-B Larson Building Tallahassee, Florida 32399-0300 John Witt, Esquire 1610 Southern Boulevard West Palm Beach, Florida 33406 Don Dowdell, Esquire General Counsel Department of Insurance and Treasurer The Capitol, Plaza Level Tallahassee, Florida 32399-0300 Hon. William Gunter State Treasurer and Insurance Commissioner Department of Insurance and Treasurer The Capitol, Plaza Level Tallahassee, Florida 32399-0300
The Issue The issue presented is whether Petitioner's application for licensure as a real estate sales associate should be granted.
Findings Of Fact Petitioner Martha L. Socarras is a Hispanic female born in 1970. In March 2006 Petitioner filed with the Department of Business and Professional Regulation, Division of Real Estate, an application for licensure as a real estate sales associate. On that application, she answered in the affirmative question numbered 1 in the Background Information portion of the application. That question asked if she had ever been convicted of a crime, found guilty, or entered a plea of guilty. In support of her application she submitted a certified copy of the Judgment in a Criminal Case entered by the United States District Court for the Southern District of Florida on December 8, 1999. That Judgment recites that Petitioner pled guilty to one count of conspiracy to file false claims against Health and Human Services, mail fraud, and paying kickbacks. Counts 2 through 27 were dismissed by the prosecution. Petitioner was sentenced to two years in prison followed by three years of supervised probation. The Judgment also recites that the actual monetary loss was $700,000 and assessed the total amount of restitution to be paid by Petitioner as $1,114,676.04. The Judgment then provides that the amount of restitution was reduced to partial restitution in the amount of $500,000 due to Petitioner's inability to pay the full amount. The Judgment further provides that restitution to the Palmetto Government Benefits Administration was to be paid through the federal court. Petitioner was released from the Federal Correctional Institution in Danbury, Connecticut, on January 4, 2002, but was detained by the United States Immigration & Naturalization Service. At the time of her release, she still owed $499,500 in restitution. In March 2002 an Immigration Judge granted Petitioner permanent resident status at the conclusion of the immigration removal proceeding. On January 3, 2005, Petitioner completed her probation and was discharged from supervision. Petitioner filed her application for licensure only a year later. Petitioner also provided to the Department of Business and Professional Regulation an unexecuted consent agreement between herself and the federal government providing that she would pay the $500,000 in restitution at the rate of $200 per month commencing February 1, 2005. Petitioner attributes her criminal conduct to ignorance of the Medicare laws. She was employed for three years by her brother's medical equipment business. Although Medicare performed several audits of that business during Petitioner's employment there, the last audit revealed that Petitioner and her brother were paying "commissions" to persons for referring patients to her brother's business. Petitioner asserts that she did not know that what they were doing was illegal. At the final hearing Petitioner testified that she had offered to the federal government property she owns which is sufficient in value to pay the required restitution but did not know if the federal government would accept her offer. The several letters of recommendation which Petitioner submitted to the Department are from persons who have known her as long as 18 years. None appear to know about her criminal conviction or to have noticed that she was missing for two years. One alleges the author has known Petitioner for five years, which must mean she met Petitioner while Petitioner was in prison. Similarly, the persons who testified on her behalf at the final hearing did not appear to know that she had a conviction or that she was in prison for two years. One witness testified she has known Petitioner for ten years and that she saw Petitioner three or four times a week. Another witness testified both that he has had no business dealings with Petitioner and that he transacts business with her. As evidence of rehabilitation, Petitioner offered evidence that she is a very religious person and active in ministry. However, that aspect of her life appears to have pre- existed her criminal conduct, existed during her criminal conduct, and continues to exist. It, therefore, fails to prove rehabilitation. Petitioner offered no evidence concerning her employment since her release from prison. Her witnesses offered vague testimony indicating she works in the title insurance industry, but no evidence was offered as to her role therein.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered denying Petitioner's application for licensure as a real estate sales associate. DONE AND ENTERED this 13th day of November, 2006, in Tallahassee, Leon County, Florida. S LINDA M. RIGOT 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 of November, 2006. COPIES FURNISHED: Thomas Barnhart, Esquire Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399 Daniel Villazon, Esquire Daniel Villazon, P.A. 1020 Verona Street Kissimmee, Florida 34741 Michael E. Murphy, Director Division of Real Estate 400 West Robinson Street Suite 802, North Orlando, Florida 32801 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
