The Issue Whether or not Respondent's Florida Real Estate license should be disciplined because Respondent is guilty of and was found guilty of crimes which involve moral turpitude or fraudulent or dishonest dealing for which he was confined in a state prison in violation of Subsections 475.25(1)(f) and (n), Florida Statutes.
Findings Of Fact Petitioner is the state licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints in particular Section 20.30, Florida Statutes and Chapters 120, 455 and 475, Florida Statutes and rules promulgated pursuant thereto. Respondent is now and was at all times material hereto, a licensed real estate salesman in the state of Florida having been issued license No. 0463021 in accordance with Chapter 475, Florida Statutes. On October 5, 1989, in Hillsborough County Court, Criminal Division, State of Florida, Respondent entered a plea of nolo contendere to the misdemeanors of prostitution and taking a minor in a vehicle with a malevolent intent, a local ordinance punishable as a misdemeanor. The Respondent was found guilty and sentenced to thirty days imprisonment and six months probation. On March 11, 1991 in the Hillsborough County Court, Criminal Division, State of Florida, Respondent entered a plea of nolo contendere to two counts of petty theft. Respondent was found guilty of both counts and was placed on probation for six months to run consecutively on each count. Steven Pearce, Petitioner's investigator, spoke to Respondent about the nature of the charges alleged in the administrative complaint. Investigator Pearce made a series of calls to Respondent and during one of these calls, a discussion ensued relating to the complaint allegations filed against Respondent. During the second call which Investigator Pearce had with Respondent on June 25, 1991, a discussion was had regarding the petit theft charges and a series of other criminal charges which were filed against him. At the time of Respondent's written response to Investigator Pearce on June 12, 1991, he was incarcerated in Hillsborough County Jail for charges which he then contended that he was innocent. Specifically, he maintained in that letter as well as during the hearing that he was pulled into matters for which his son was involved and that he was in no manner responsible for the actions of his son. Respondent spent approximately forty-five days in the Hillsborough County Jail during 1989 at which time he made a no contest plea on October 5, 1989 because it would have taken approximately 21 more days for him to go to trial and he had, at that time, spent the maximum amount of time allowable for the charge for which he was being held. Prior thereto, Respondent had been incarcerated in the Sumter County Jail on a first degree murder charge where he remained for approximately 14 months and was thereafter released to Hillsborough County Jail. During his incarceration, Respondent's trial had been postponed approximately nine times and he repeatedly maintains that all of the allegations which he was being charged for dealt with activity engaged in by his son and "unbeknownst to" Respondent.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Petitioner enter a final order finding Respondent guilty of having engaged in proscribed conduct within the purview of Subsections 475.25(1)(f) and (n), Florida Statutes as alleged in the administrative complaint. It is further recommended that Respondent's license as a real estate salesperson in Florida, license No. 0463021 be revoked. DONE and ENTERED this 2nd day of June, 1992, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of June, 1992.
The Issue Whether Respondent Della Elaine Lamberton should be granted re-registration of terminated license No. 34741-1 as indicated in the Administrative Complaint dated 7-18-78, pursuant to Section 464.21(1)(d), Florida Statutes. Respondent Della Elaine Lamberton appeared at the hearing without counsel or other representative. The Hearing Officer explained her rights in an administrative hearing and she acknowledged that she understood the same. The Respondent also stated that she is now married and that her married name is Farris. Petitioner moved to amend paragraph 3 of the Administrative Complaint to reflect that Respondent was arrested in January, 1976 rather than 1975 as alleged therein. There being no objection, the request was granted.
Findings Of Fact Respondent was licensed as a Licensed Practical Nurse with the Florida State Board of Nursing in 1974 and such license was automatically terminated on April 1, 1977, for non-payment of license renewal fee. On August 11, 1977, Respondent filed an application for re-registration of her terminated license with Petitioner. Petitioner reviewed the application and denied the same by a letter to Respondent dated October 28, 1977, under the authority of Section 464.21(d), Florida Statutes. The specific basis for denial was that Respondent had a prior arrest for possession of marijuana. (Testimony of Johnson, Exhibit 1-2) On February 4, 1975, Hillsborough County Deputy Sheriff Gene L. Stokes and Detective William Strickland, who were operating as undercover narcotic detectives, entered Respondent's residence at 3213 Delray Drive, Tampa, Florida. They had made prearrangements with Joseph H. Farris, who also resided at that residence, to purchase approximately two pounds of marijuana for $175.00 per pound. Farris met the officers at the door and escorted them into the kitchen where Respondent, Albert Yourn, and Thomas Spear, were seated around the kitchen table. A neighbor, Nancy Anderson, entered the residence at the same time as did Stokes and Strickland. Farris proceeded to cut a quantity of material from a compressed block of a substance that appeared to he marijuana. He placed the severed portion in a ziplock "haggle" and weighed it on a scale located on the kitchen table. At that point, the officers arrested all persons on the premises for possession and delivery of marijuana. A search of the residence pursuant to a search warrant revealed the presence of other quantities of marijuana and implements for its use in a kitchen desk drawer and in a cabinet above the kitchen stove. Two bags of marijuana were also found in Spear's possession as a result of a search of his person. The amount of marijuana remaining on the kitchen table was approximately 920 grams and a "haggle" containing approximately 16 pre-wrapped ounces of marijuana was also on the kitchen table. The substance which had been sold to Stokes was delivered to the Florida State Crime Laboratory in Tampa and, after analysis by Richard H. Estes, a forensic chemist employed by the Florida Department of Law Enforcement, was determined to be cannabis sativa, also known as marijuana. Marijuana is a Schedule I controlled drug under Chapter 893, Florida Statutes. (Testimony of Stokes, Estes) On February 13, 1975, an Information was filed in the Circuit Court of Hillsborough County, Florida against Respondent for possession of more than five grams of marijuana on February 4, 1975, in violation of subsection 893.13(1)(e) Florida Statutes. On May 25, 1976, Respondent entered a plea of guilty to the charge and Order Withholding Adjudication of Guilt was entered by the Court with probation for a period of two years. (Exhibits 3-4) Respondent testified at the hearing that she had no knowledge that marijuana was being sold at her residence on February 5, 1975, and that she had not entered the house until subsequent to the entrance by the detectives. She admitted that her residence had been a gathering place for individuals in the neighborhood, including some of whom she did not approve and also persons unknown to her. She testified that although she pleaded guilty to the charge of possession of marijuana, she was under the impression that she was simply acknowledging that marijuana had been present at her residence. She also testified that when she had discovered what was taking place at her home, she "started a little hassle " with Farris. Her present husband, Joseph Farris, testified and corroborated her version of the incident, including her claim that she was unaware of the presence of marijuana on the premises. In addition, her cousin, Albert Yourn, who was present at the time of the arrest, testified that Respondent was not in the house at the time the drug transaction was taking place, but that she arrived prior to the arrest. (Testimony of Respondent, J. Farris, Yourn) Petitioner's records reflect that Respondent meets all other qualifications for licensure. They do not show the presence of any other derogatory information prior to or subsequent to Respondent's arrest. (Testimony of Johnson)
Recommendation That the application of Respondent Della Elaine Lamberton Farris for re-registration as a Licensed Practical Nurse be denied under the authority of Section 464.21(1)(d) Florida Statutes. That favorable consideration he given to any subsequent application by Respondent for re-registration, provided that such application is accompanied by proof of present good character. DONE and ENTERED this 27th day of December, 1978, in Tallahassee, Florida. THOMAS C. OLDHAM Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Julius Finegold, Esquire 1007 Blackstone Building Jacksonville, Florida 32202 Geraldine Johnson, R.N. Investigation and Licensing State Board of Nursing 6501 Arlington Expressway Bldg B Jacksonville, Florida 32211 Della Elaine Lamberton Farris 3202 Clifford Sample Drive Tampa, Florida 33619
Findings Of Fact Petitioner operates a grocery store at 798 South Verona Avenue, Avon Park, Florida. She seeks a beverage license to sell wine and beer at this store (F&W Grocery) and has submitted the requisite application. Petitioner was adjudicated guilty of possession and sale (two counts each) of a controlled substance (cannabis) by order of the Highlands County Circuit Court, entered March 26, 1979. The sale of cannabis is a third degree felony as provided by Subsections 893.13(1)(a) 2., and 893.03(1)(c) Florida Statutes.
Recommendation From the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That Respondent enter a Final Order denying the petition. DONE and ENTERED this 28th day of April, 1982 at Tallahassee, Florida. R. T. CARPENTER, 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 28th day of April, 1982. COPIES FURNISHED: Daniel J. Bosanko, Esquire Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301 Ms. Caretha Washington 1309 South Verona Avenue Avon Park, Florida 33825 Robert Bishop, Second Lieutenant Post Office Drawer H Lakeland, Florida 33802 Gary R. Rutledge, Secretary Department of Business Regulation Johns Building 725 South Bronough Street Tallahassee, Florida 32301 Charles A. Nuzum, Director Division of Alcoholic Beverages and Tobacco Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32301
The Issue The issue is whether Respondent abused its discretion in denying Petitioner’s request for an exemption from disqualification for employment in a position of trust.
Findings Of Fact AHCA is the state agency charged with protecting vulnerable persons, such as Medicaid recipients and the Medicaid program, and, in that capacity, it maintains discretion to approve or deny requests for exemption from disqualification. Petitioner is seeking to work as a certified nursing assistant. Petitioner’s employment goals require her to have a Level 2 criminal background screening to ensure she does not have any disqualifying offenses to prohibit her from working with AHCA-regulated facilities. Petitioner’s background screening of February 5, 2020, identified the following five criminal offenses: elder abuse/neglect; trespass (refuse to leave property, peace officer’s request); and three counts of obstructing/resisting executive officer with minor injury. By letter dated February 5, 2020, AHCA notified Petitioner that she was disqualified from employment due to the disqualifying offense of “04/22/2017 Sheriff’s Office San Diego, Obstruct/Resist Exec Off.” The letter also informed Petitioner that she may be eligible to apply for an exemption from disqualification and how to apply. On or around February 7, 2020, Petitioner submitted a request for exemption from disqualification and supporting documentation to AHCA. By letter dated February 18, 2020, AHCA denied Petitioner’s request for exemption. On April 6, 2020, Petitioner submitted a second Application for Exemption (“exemption package”) to AHCA. Petitioner’s exemption package contained documentation including employment history, education/training, a criminal history report, arrest reports, investigation reports, a California Department of Public Health investigation report, and a 12-month suspension of nurse assistant certification. By letter dated April 7, 2020, AHCA denied Petitioner’s request for exemption, stating Petitioner is not eligible for the exemption based on the following grounds: A disqualifying felony offense(s) and you have not been lawfully released from confinement, supervision, or nonmonetary condition imposed by the court for the disqualifying felony 3 years prior to the date you applied for the exemption. Our records indicate you met the above criteria for the following: ELDER/DEP ADULT CRUELTY, Case number CN3772399 Petitioner contested the denial and requested a formal administrative hearing. AHCA acknowledged the disqualifying offense error in the denial letter of April 7, 2020, and corrected its denial letter. The corrected denial letter dated September 8, 2020, deemed Petitioner not eligible for an exemption based on the following grounds: A disqualifying felony offense(s) and you have not been lawfully released from confinement, supervision, or nonmonetary condition imposed by the court for the disqualifying felony 3 years prior to the date you applied for the exemption. Our records indicate you met the above criteria for the following: Corrected Disqualifying Offense: 04/22/2017 SHERIFF’S OFFICE SAN DIEGO, RESISTING AN OFFICER (California Penal Code section 148,) Case Number CN372399. Hearing At hearing, Petitioner testified about the incident that occurred on April 22, 2017, while working at Fallbrook Skilled Nursing (“Fallbrook”) in California. Petitioner explained that three police officers came to her job at Fallbrook while she was working her shift and asked to speak to her outside the facility about allegations of resident abuse. Petitioner testified she refused to leave the facility upon multiple instructions from the police to leave. Petitioner admitted that after an officer told her several times he was going to arrest her, she told the police “you don’t have a right to arrest me.” Petitioner detailed how she did not allow the police to put handcuffs on her because she believed the reports about her were lies. Ultimately, the incident escalated--Petitioner testified that when she did not allow the police to handcuff her, the three police officers put her on the ground, one put his knee on her back, and she was handcuffed. Petitioner weighed approximately 125 pounds when arrested. After the police got Petitioner outside, the three police officers picked her up, put her in the police car, and took her to jail. Petitioner was charged with: elder abuse/neglect; trespass (refuse to leave property, peace officer’s request); and three counts of obstructing/resisting an officer, all stemming from the same April 22, 2017, incident. The elder abuse and trespass charges against Lalanne were dismissed. On January 30, 2018, Petitioner proceeded to a bench trial before a judge on the resisting an officer charge. At trial, Petitioner was found guilty and convicted of “count 1 PC 148 (a)(1), resisting an officer” in case number CN372399. That same day, the judge sentenced Petitioner to three years’ probation2 and community service for the resisting an officer conviction. Subsequently, the County of San Diego, California, probation department provided Petitioner a certificate of completion for completing her three days of public work service on or about September 13, 2018. Petitioner testified that she made a mistake when she did not listen to the officers and it was a lesson for her. She also testified that she believed there was no harm to the police and her offense is a misdemeanor not a felony. Vanessa Risch (“Risch”), AHCA’s operations and management consultant manager in the Background Screening Unit, testified that because Petitioner’s offense occurred in California, AHCA had to evaluate the nature of the offense, what occurred during the incident, and the final outcome of the case to determine the correlating criminal offense in Florida. Risch testified that she contacted the California Clerk of Courts to validate the outcome of Petitioner’s case and probationary status. Risch testified that, through her investigation, she confirmed that Petitioner’s probation started on January 30, 2018, and terminates on January 30, 2021. Risch also detailed how AHCA converted Petitioner’s California resisting an officer charge to a Florida resisting arrest with violence felony offense, after determining the officers in California had to force Petitioner’s body to the ground after Petitioner did not comply with the officers’ repeated instructions. AHCA concluded that Petitioner’s actions of opposing the three 2 The compelling evidence at hearing supports Petitioner’s probationary sentence. The undersigned finds that Petitioner failed to testify honestly and forthright regarding her three-year probationary period. First, Petitioner denied knowledge of any probationary period even though probation was listed on the sentencing documents Petitioner presented as Exhibit 1. Also, Petitioner’s Exhibit 3 is from the probation department. Additionally, Petitioner testified that her lawyer told her she had probation, which confirms Petitioner’s knowledge of her probationary period. officers is equivalent to the criminal offense of resisting arrest with violence in Florida. Risch testified that resisting an officer with violence is a disqualifying felony offense. Risch testified further that AHCA ultimately concluded that Petitioner was not eligible to apply for an exemption. Risch explained that Petitioner’s current probationary status prohibited her from being eligible to apply for an exemption because eligibility starts three years after Petitioner’s probationary period for the disqualifying felony offense is terminated.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Agency for Health Care Administration, enter a final order denying Shaddainah Lalanne’s, request for an exemption from disqualification. DONE AND ENTERED this 9th day of December, 2020, in Tallahassee, Leon County, Florida. S JUNE C. MCKINNEY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 9th day of December, 2020. COPIES FURNISHED: Shaddainah Sherly Lalanne Apartment 206 6609 Woods Island Circle Port St. Lucie, Florida 34952 (eServed) Katie Jackson, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 7 Tallahassee, Florida 32308 (eServed) Shena L. Grantham, Esquire Agency for Health Care Administration Building 3, Room 3407B 2727 Mahan Drive Tallahassee, Florida 32308 (eServed) Thomas M. Hoeler, Esquire Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 (eServed) Bill Roberts, Acting General Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 (eServed) Shevaun L. Harris, Acting Secretary Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1 Tallahassee, Florida 32308 Richard J. Shoop, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3 Tallahassee, Florida 32308 (eServed)
The Issue Whether the registration of the Respondent, Betty Lou Haber, license #0034988 should be revoked or suspended, or whether Respondent should be otherwise disciplined.
Findings Of Fact An administrative complaint was filed by the Petitioner, Florida Real Estate Commission, on September 29, 1978, seeking to revoke or suspend or otherwise discipline Respondent Haber. The administrative complaint charged that the licensee was presently confined in a state prison. Respondent requested an administrative hearing. A stipulation was entered by Barry A. Cohen, Esquire, the attorney for Respondent, confirming that Respondent Haber was and had been continuously confined in the Broward Correctional Institution since August 16, 1977. Said stipulation is attached hereto and made a part hereof. Prior to the hearing a letter was received by the Petitioner, Florida Real Estate Commission, advising the Petitioner that Respondent did not intend to proceed to hearing and requesting Petitioner to close the matter. The Division of Administrative Hearings was not so notified. A copy of said letter is attached hereto and made a part hereof. Petitioner presented the aforesaid stipulation and aforesaid letter and a witness at the hearing. The witness, Martha Iglesias, Inmate Records Supervisor for the Broward Correctional Institution, testified that Respondent Haber was an inmate of said institution, having been found guilty by a jury of First Degree Murder in Case #75-518 in the Circuit Court in and for Hillsborough County, Florida, and sentenced to be imprisoned in the State Penitentiary for a period of her natural life.
Recommendation Revoke the non-active salesman license held by the Respondent, Betty Lou Haber. DONE and ORDERED this 18TH day of April, 1979, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Manuel E. Oliver, Esquire 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Barry A. Cohen, Esquire 100 Twiggs Street, Suite 4000 Tampa, Florida 33602 DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301 (904) 488-9675
The Issue Whether petitioner's application for licensure as a real estate salesman should be denied because of his alleged criminal record and his false denial (on his application) that he has ever been arrested for or charged with the commission of a crime.
Findings Of Fact On May 17, 1982, petitioner filed an application for licensure as a real estate salesman with the Florida Real Estate Commission. (R-2) Question number six on his application reads: Have you ever been arrested for, or charged with, the commission of an offense against the laws of any muni- cipality, state or nation including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled? If yes, state details including the out- come in full. He falsely answered this question, "No." (R-2) On February 7, 1976, he was arrested in West Palm Beach for carrying a concealed weapon, a .38 caliber revolver. (TR.-15) On November 2, 1974, he was arrested for driving while under the influence of alcohol in West Palm Beach. He pled guilty to the charge and adjudication was withheld. (TR.-l6) On March 3, 1973, he was arrested in West Palm Beach for driving while under the influence of alcohol and was later convicted. (TR.-16-17) On June 25, 1965, he was arrested in Palm Beach County for violating his probation. (TR.-l8) In December, 1964, he was arrested in Palm Beach County on charges of breaking and entering a dwelling house with intent to commit a misdemeanor, indecent exposure and malicious trespass. He pled guilty to malicious trespass; the breaking and entering and indecent exposure charges were dropped. (R-5) On December 26, 1962, he was arrested in Palm Beach County on a robbery charge. He was later convicted of accessory after the fact and sentenced to three years in Florida State Prison. (TR.-19-20) On May 3, 1962, he was arrested for and convicted of drunkenness in West Palm Beach. (Tr.-21) On December 14, 1960, he was arrested in West Palm Beach and charged with resisting a police officer, traffic violations and drunkenness. He was later convicted of these charges. (TR.-21-22) His civil rights, automatically suspended when he was convicted of a felony, have been restored and he is now able to vote in Florida. (Testimony of petitioner)
Recommendation Based on the foregoing, it is RECOMMENDED: That petitioner's application for licensure be denied for failure to show that, at this time, he possesses the honesty, truthfulness, trustworthiness, and good character required by Section 475.17(1). However, this denial should not prejudice his right to reapply in the future. DONE and ENTERED this 23rd day of September, 1983, in Tallahassee, Florida. R. L. CALEEN, JR. 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 23rd day of September, 1983.
The Issue Whether Respondent violated Subsections 626.611(1), 626.611(2), 626.611(7), 626.611(13), 626.611(14), 626.621(1), 626.621(2), 626.621(8), and 626.621(11), Florida Statutes, and, if so, what discipline should be imposed.
Findings Of Fact LaPorte is currently licensed by the Department as a Customer Representative. On November 18, 1996, LaPorte pled nolo contendere to the sale of marijuana and the possession of marijuana in the Circuit Court of the Sixth Judicial Circuit of Florida in and for Pinellas County, Case Number CRC96-13980CFANO-A. LaPorte was sentenced to two years' probation for these felonies. On September 14, 2000, an information was filed against LaPorte, charging her with possession of a controlled substance, possession of cocaine, and possession of marijuana. On October 4, 2000, LaPorte submitted an application to the Department for licensure as a Customer Representative. The application asked the following questions: Are there currently pending against you or any entity you control, any criminal, administrative, or civil charges in any state or federal court anywhere in the United States or its possessions or any other country? In the past 12 months, have you been arrested, indicted, or had an Information filed against you by any law enforcement authorities anywhere in the United States or its possessions or any other country? Have you ever been convicted, found guilty, or pleaded 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? Have you ever been convicted, found guilty, or pleaded guilty or nolo contendere (no contest) to a crime punishable by imprisonment of one (1) year or more under the laws of any municipality, county, state, territory, or country, whether or not adjudication was withheld or a judgment or conviction was entered? La Porte answered "no" to all four questions. On the application dated October 4, 2000, LaPorte signed and swore to the following statement: Under penalty of perjury, I declare that I have read the foregoing application for license, related information and related attachments, and that the facts as stated in it are true. I understand that misrepresentation of any fact required to be disclosed through this application is a violation of the Florida Insurance and Administrative Codes and may result in the denial of my application and/or the revocation of my insurance license(s). LaPorte was licensed by the Department as a Customer Representative on October 31, 2000. On December 15, 2000, LaPorte pled guilty to felonies of possession of a controlled substance, possession of cocaine, and possession of marijuana in the Circuit Court for the Sixth Judicial Circuit in and for Pinellas County, Florida, Case Number CRC00-14856CFABO-A. She was sentenced to four years' probation. LaPorte failed to notify the Department in writing within 30 days of her guilty plea that she had pled guilty to the felonies.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Bridgette A. LaPorte violated Subsections 626.611(1), (2), (7), and (13), Florida Statutes; finding that she violated Subsections 626.621(1), (2), (8), and (11), Florida Statutes; dismissing the allegation she had violated Subsection 626.611(14), Florida Statutes; and revoking her license as a Customer Representative. DONE AND ENTERED this 7th day of February, 2002, in Tallahassee, Leon County, Florida. ___________________________________ SUSAN B. KIRKLAND 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 7th day of February, 2002. COPIES FURNISHED: Matthew A. Nowels, Esquire Anthony B. Miller, Esquire Division of Legal Services 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 Bridgette A. LaPorte 5150 4th Street, North, Lot 452 St. Petersburg, Florida 33703 Honorable Tom Gallagher State Treasurer/Insurance Commissioner Department of Insurance The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0300 Mark Casteel, General Counsel Department of Insurance The Capitol, Plaza Level 26 Tallahassee, Florida 32399-0300
The Issue By letter dated July 18, 1977 the Division of Alcoholic Beverages and Tobacco disapproved Petitioner's application for transfer of beverage license for the stated reason that corporate officer Anthony DuVal was not believed to be of good moral character. By letter dated July 25, 1977 DuVal contested the denial of the license transfer and requested a hearing. Two witnesses including DuVal testified in behalf of Petitioner, two witnesses were called by Respondent, and 4 exhibits were admitted into evidence.
Findings Of Fact Red Wing Enterprises, Inc., a Florida corporation, acquired ownership of the Red Road Lounge and the beverage license appurtenant thereto. Anthony DuVal and his wife own fifty percent of the stock of Red Wing Enterprises although Exhibit 3 shows DuVal to own one hundred percent of the applicant. Exhibit 3 shows DuVal was born in 1933; he testified that he is now 46. He changed his name to DuVal from Anthony Anello. On his original application, Exhibit 3, under his arrest record DuVal showed arrests in 1961 for FHA fraud and worthless check for which he was placed on probation and in 1965 a conviction for buying receiving, and concealing stolen property for which he was sentenced to one year in the county jail. During the investigation of his application DuVal was questioned at the Miami Division of Beverage office in April, 1977 regarding various arrests. He then denied having been arrested in New Jersey under the name of Anello and had no recall of various other arrests prior to 1960. Exhibit 4, Personnel Questionnaire, was prepared by DuVal with assistance of counsel on December 9, 1977 at the time of his previously scheduled hearing which was then continued until December 15. Exhibit 4 shows 6 worthless check offenses between March and August, 1960 for which he pleaded guilty and was placed on two year's probation; worthless check conviction in 1961 for which he was given probation; PEA fraud conviction 1961, for which he was given probation; a grand larceny charge dismissed for want of prosecution 10-7-63; aggravated assault, 1966 for which he was found not guilty; possession of firearms by a convicted felon, 1966 which was dismissed for want of prosecution; buying, receiving or concealing stolen property, 1965 and 1967 for which he was found not guilty; worthless check, 1967 for which he was found not guilty; buying and receiving or concealing stolen property, 1965, found guilty and sentenced to one year in county jail; and buying and receiving stolen property, 1969 for which he was found not guilty. In his testimony DuVal admitted arrests and convictions in New Jersey under the name of Anello plus numerous arrests from the operation of his store "Tony's Trading Post" in Miami as well as citations for not keeping his property clean of trash. His explanation of Exhibit 3 not including numerous arrests was that he thought only convictions need to be reported. His explanation for not listing the arrests prior to 1960 was that he thought he only needed to go back fifteen years in disclosing his record. DuVal described his trading post as a borderline operation by which he obviously implied that he often bought stolen property but could only take the seller's affidavit that the property was rightfully his to tell. For complaints stemming from this operation he was arrested perhaps 20 times but was not convicted. Numerous other times he was arrested for municipal code violations when trash was dumped on his property. In 1972 DuVal had his civil rights restored that had been -lost by reason of his convictions of the worthless check offenses and FHA fraud in 1961, and for the 1965 conviction of buying, receiving and concealing stolen property. The one witness who testified regarding DuVal's character had worked for DuVal as bookkeeper and bartender when he first took over the Red Road Lounge. Although she testified DuVal's reputation was good and people spoke highly of him, her observations were limited generally to the patrons of the bar. She had never spoken to the police, to patrons of Tony's Trading Post, or to any of the local politicians she knew, about DuVal's reputation. DuVal's explanation for failure to bring in various witnesses whose names he dropped as good friends, was that he didn't want them to know about his criminal record. DuVal owns motels, apartments, the Trading Post, and several lots in Miami in addition to the interest he acquired in the Red Road Lounge.
Findings Of Fact Respondent, George Thomas Darby, at all times relevant to these proceedings, was licensed as a professional bail bondsman and limited surety agent. The Respondent was previously licensed as an ordinary-combination life, including disability agent, but such license expired on March 30, 1981. On January 7, 1982, a grand jury indictment was issued in the United States District Court for the Northern District of Florida, Panama City Criminal Division, against the Respondent, George Thomas Darby. The indictment specifically charged that the Respondent: Did knowingly combine, conspire, confederate agree, and have a tacit understanding with other stated individuals to possess with the intent to distribute more than 1,000 pounds of the Schedule I control substance marijuana, in violation of Sections 841 and 846 of Title 21 of the United States Code. Did knowingly combine, conspire, confederate agree, and have a tacit understanding with other specified persons to import into the United States the Schedule I control substance marijuana in violation of Sections 952 and 963 of Title 21 of the United States Code. Did knowingly and intentionally import into the United States a Schedule I control substance in violation of Section 952 of Title 21 and Section 2 of Title 18 of the United States Code. Did knowingly and intentionally possess with the intent to distribute the Schedule I control substance marijuana in violation of Section 841 of Title 21 and Section 2 of Title 18 of the United States Code. On July 14, 1982, George Thomas Darby was convicted in the United States District Court for the Northern District of Florida, Panama City Criminal Division, as follows: Defendant has been convicted as charged of the offense of from on or about January, 1975, until the date of the indictment, in the Northern' District of Florida and elsewhere, knowingly combining, conspiring, and agreeing with others to import marijuana into the United States, in violation of Title 21, U.S. Code, Sections 952 and 963, as charged in Count 111(3) of the indictment. Pursuant to the above conviction, the Respondent, George Thomas Darby, was sentenced to a term of five years imprisonment and fined $15,000. The Respondent, by answer, admitted and further, at the formal hearing by stipulation, accepted as true the following facts: That you, George Thomas Darby, on or about July 14, 1982, in the United States District Court of the Northern District of Florida, in Case No. MCR 82-00203-07, were found guilty of knowingly combining, conspiring and agreeing with others to import marijuana into the United States, in violation of Title 21, U.S. Code, Sections 952, and 953, as charged in Count 111(3) of a previous grand jury indictment, Criminal Case No. MCR82-00203. The violation of either of the aforementioned titles is a felony as defined by Title 18, U.S.C. Section I(1). The Respondent has been licensed as a professional bail bondsman since October, 1976. His primary business as a bail bondsman has been in Jackson County, Florida. The Respondent has had no prior criminal convictions and no complaints or other disciplinary actions by the Department of Insurance against any license held by him from that Department. The Respondent has voluntarily ceased writing bail bonds since February of 1982, to the date of the hearing. Prior to the above-referenced conviction, the Respondent enjoyed a reputation as an honest, hardworking, and law-abiding citizen in the Jackson County area. On January 31, 1983, Clyde M. Taylor, Jr., Esquire, counsel for the Respondent in the above-referenced criminal action, filed an appellate brief in the United States Court of Appeal for the Eleventh Circuit on behalf of George Thomas Darby, seeking to reverse the July 14, 1982, district court conviction. At the time of the formal hearing, this appeal was pending.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of Insurance enter a Final Order dismissing its Administrative Complaint against the Respondent, George Thomas Darby. DONE and ENTERED this 27th day of July, 1983, in Tallahassee, Florida. COPIES FURNISHED: Clark R. Jennings, Esquire Department of Insurance Suite 413-B, Larson Building Tallahassee, Florida 32301 Clyde M. Taylor, Jr., Esquire 1105 Hays Street Tallahassee, Florida 32301 Honorable Bill Gunter Insurance Commissioner and Treasurer The Capitol Tallahassee, Florida 32301 MARVIN E. CHAVIS Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of July, 1983.
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
