Findings Of Fact In July 1975, in Hillsborough County, Florida, Petitioner was arrested on the charge of buying, receiving and concealing stolen property. He was placed in the Pretrial Intervention Program, which he successfully completed. As a result, formal charges were either never filed or were dismissed by the State Attorney. On January 18, 1982, Petitioner entered a nolo contendere plea to one charge of trafficking in excess of ten thousand pounds of cannabis in Hernando County, Florida. Adjudication of guilt and imposition of sentence was withheld by the court. Petitioner was placed on probation for twelve years. On August 1, 1983, in Pinellas County, Florida, Petitioner entered pleas of nolo contendere to the offenses of aggravated assault with the use of a firearm and carrying a concealed weapon on or about his person. The court accepted Petitioner's pleas. Adjudications of guilt were withheld on August 1, 1983. Petitioner was placed on probation for a period of five years, to run concurrent with his probation in Hernando County, Florida. Petitioner's probation in the trafficking case was terminated early in Hernando County, Florida, on March 14, 1985. Petitioner's probation for the aggravated assault and the concealed weapon was terminated early in Pinellas County, Florida, on December 11, 1985. Petitioner was never adjudicated guilty of the charges the Division used as the basis for the denial of his application. As a result, he has not been convicted of any of these crimes as the term "conviction" is defined in Subsection 493.6101(8), Florida Statutes. Petitioner submitted eleven letters of good moral character from people in the community who have known him throughout the years and are aware of the prior criminal charges.
Recommendation Based upon the foregoing, it is RECOMMENDED: Petitioner's application for a Class "CC" Private Investigator Intern License should be granted. ENTERED this 17th day of June, 1992, in Tallahassee, Florida. VERONICA E. DONNELLY 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 17th day of June, 1992. APPENDIX TO RECOMMENDED ORDER Petitioner's proposed findings of fact are addressed as follows: Accepted. See Preliminary Statement. Accepted. See Preliminary Statement. Accepted. See Hearing Officer finding #7. The Department's proposed findings of fact are addressed as follows: Accepted. See Preliminary Statement. Rejected. Contrary to prehearing stipulation. See Preliminary Statement. Accepted. See Hearing Officer finding #1. Reject. Contrary to fact only one charge of trafficking in the Information and only one nolo contendere plea on a charge of trafficking. As the basis given for licensure denial was alleged trafficking charges, the importation of cannabis charge and nolo contendere plea were not considered by the Hearing Officer pursuant to Subsection 493.6118(3), Florida Statutes. See Hearing Officer finding #2. Accepted. See Hearing Officer findings #3 and #5. Accepted. See Hearing Officer finding #7. COPIES FURNISHED: Joseph H. Ficarrotta, Esquire 600 Madison Street Tampa, Florida 33602 Henri C. Cawthon, Esquire Assistant General Counsel Department of State Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 Phyllis Slater, Esquire Honorable Jim Smith General Counsel Secretary of State Department of State The Capitol The Capitol Tallahassee, Florida 32399-0250 Tallahassee Florida 32399
Findings Of Fact On August 6, 1980, the Respondent Gerald B. Natelson, was charged in the United States District Court, Eastern District of Missouri, with violating Sections 841(a)(1) and 846, Title 21, USC, by knowingly and willingly, combining, conspiring, confederating and agreeing with others to distribute and possess with intent to distribute, marijuana, methaqualone and hashish, Schedule I and II controlled substances. The Respondent Natelson pled guilty to violating Sections 841(a)(1) and 846, Title 21, USC, as charged in Count I of the Indictment, by knowingly conspiring with others to distribute and to possess with intent to distribute marijuana. The amount or quantity of marijuana which was involved in the conspiracy set forth in Count I, is not identified in the Indictment, the Judgment and Probation/Commitment Order entered December 22, 1980, or Judge Aronovitz's Order Granting Motion to Vacate, Set Aside or Correct Sentence, and Granting Petition for Writ of Habeas Corpus in Natelson v. United States, Case No. 82-542 SMA, entered May 10, 1982. The Indictment, at paragraphs 12, 14 and 22, sets forth the Respondent's involvement in the conspiracy, which consisted of meeting in Hollywood and Fort Lauderdale, Florida, on April 1 and 4, 1979, and Phoenix, Arizona, on June 1, 1979, with specifically named co-conspirators. Jose Fanelo, president of Universal Casualty Insurance Company and formerly regional director for the Department of Insurance, and Les Lloyd, regional investigator for the Department of Insurance, established that the Respondent had been a fit and trustworthy insurance agent. Additionally, the Respondent submitted various documents, identified as Respondent's Exhibits 2- 13, which support the opinions expressed by Fanelo and Lloyd that the Respondent is a fit and trustworthy insurance agent.
Recommendation Based on 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 Gerald B. Natelson. DONE and ORDERED this 20th day of May, 1983, 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 20th day of May, 1983.
