Findings Of Fact At all times relevant hereto Respondent was licensed by the Florida Real Estate Commission as a real estate broker. On August 7, 1982, Respondent was arrested on his property in Manatee County at a marijuana patch growing thereon. He was taken into custody, handcuffed, and placed in a Sheriff's Department vehicle for transportation into Bradenton for booking. Upon arrival at the sally port at the booking office and jail, Respondent was removed from the car. While the sequence of events that occurred was not explicated at the hearing, in Respondent's words "things got out of hand." Respondent testified the Deputy Sheriff tried to "break my arms while removing him from the vehicle, then "overreacted" and drew his pistol. As he emerged from the car, one of Respondent's handcuffs came off, Respondent seized the deputy's gun and ran away. Respondent surrendered himself to authorities the following day and the gun was returned by his attorney a few days later. Respondent was charged and tried on three counts involving manufacture, use, or intent to use, and possession of marijuana; grand theft of the pistol taken from the Deputy Sheriff; aggravated assault; and escape from confinement. He pleaded nolo contendere to all counts except aggravated assault, to which he pleaded and was found not guilty. Adjudication of guilt was withheld on the three marijuana counts (Counts I, II, and III) and on the grand theft count (Count IV), and Respondent was sentenced to ten days' confinement on work release program on Counts I, II, III, and IV, and was fined $1,000 and placed on probation for three years on Count IV. He was found guilty of escape from confinement and was sentenced to 11-1/2 months in the County Jail work release program and placed on three years probation to run concurrently with the probation in Count IV. Respondent has lived in Manatee County all his life and his parents are long-time residents. He has been licensed as a real estate broker for seven years and was a salesman before becoming a broker. The psychotherapist to whom Respondent was referred for counseling after his arrest testified that he met with Respondent for counseling for more than 100 hours and that he administered standards tests to Respondent to determine emotional stability and personality traits. This witness opined that Respondent is of moral standards without psychiatric problems or personality disorders, and that he is a church-going man. This witness did not consider the stealing of the deputy's firearm to be an immoral act, but considered the growing of marijuana to be a moral offense.
Findings Of Fact William B. Barker, Jr., is certified as a law enforcement officer in the State of Florida employed by the Walton County Sheriff's Department and stationed at DeFuniak Springs, Florida. On or about 20 June 1981, Diana Marie Preston was driving her automobile west on Interstate Highway 10, in Walton County, Florida, on her way to her grandparents' home in Gulf Breeze, Florida. She had just completed the Law School Admissions Test in Tallahassee that morning and was on her way back home. Due to heavy rain in the area, she was driving carefully and was not exceeding the speed limit. At approximately 3 to 4 p.m., she was hailed by a police officer in a county police car. When she pulled over to the roadside at his request, the officer advised her she had been speeding and requested to see her driver's license. Since her license was in her purse which was in the trunk of her car, she had to get out of her car and open the trunk, at which time the officer noticed a pair of high-heeled shoes she had in there and asked her to take them out, indicating he had been looking at a pair like that for his wife. When Ms. Preston got her license out, the officer requested that she accompany him to his car, get in on the passenger side and close the passenger door. She complied, though she did not close the door completely. During this period, she noticed that though the officer was in uniform, he was not wearing either a name tag or a badge with a number on it. She does not recall whether he was wearing a pistol, but states there was a rifle in the vehicle on which he placed his hand several times while talking to her. The officer took Ms. Preston's driver's license and reached across her to the glove compartment for his ticket book, but at no time did he use his radio to call in either her driver's license number or her car tag number. Before writing out the ticket, the officer indicated he would not issue a ticket to her if she would put on her high heels (she had been driving barefoot) and let him try to guess her shoe size. He stated that for every size he was off in his guess, he would kiss her foot a certain number of times. Ms. Preston repeatedly refused, but because the officer was insistent and she felt she was in a difficult position due to the fact that she was alone on a lightly travelled (at the time) section of highway, she ultimately acquiesced. Though the officer had ample opportunity to see the shoe size when he examined the shoes, he guessed wrong on the size by several sizes. At this time, her left foot was in his lap, and he picked it up and kissed it several times. When he was finished, in the course of conversation, the officer asked her what she had been doing in Tallahassee. She told him she had been taking the LSAT, and his attitude changed immediately. He told her to go on with her trip, but cautioned her not to tell anyone what had happened, as he could get into trouble. Upon being released by the officer, Ms. Preston proceeded on to Gulf Breeze to the home of her grandparents, whom she told about the incident the following day. She did not report the incident to the police nor discuss it until several weeks later when she was contacted by two investigators who showed her a large photograph of individuals who, it was represented to her, were members of the Walton County Sheriff's Department. From this group, she identified the Respondent, Barker, and subsequently again identified him at the hearing as the officer in question, describing him as a heavyset man with a mustache and wearing tinted glasses. Respondent, upon graduation from high school, attended O. W. Junior College and then went on to the University of West Florida where he received his bachelor's degree in criminal justice. He unequivocally denies the allegations against him, stating he had never seen Ms. Preston until the day of the hearing at the hearing room. In fact, his shift was over, and he signed out just prior to 3 p.m. on 20 June 1981. In his opinion and that of his mother, the allegations against him are attributable to his stated position in a political dispute during which he sided against the incumbent sheriff for whom he was working. There is no evidence bearing on this issue other than the testimony of the Respondent and his mother.
Recommendation From the foregoing, it is concluded that the Petitioner failed to prove, by a preponderance of the evidence, that the Respondent is guilty of the allegations contained in this Administrative Complaint. It is RECOMMENDED: That the Criminal Justice Standards and Training Commission issue a final order dismissing the Administrative Complaint. ENTERED this 24th day of January, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK Hearing Officer Division of Administrative Hearings Department of Administration 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of January, 1983.
The Issue The issues in the case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.
Findings Of Fact Petitioner is the state agency charged with regulation of pari-mutuel wagering pursuant to Chapter 550, Florida Statutes (2003), and is responsible for licensing employees of pari-mutuel facilities. Respondent is a card dealer holding Florida occupational license number 6927724-1012 for employment as a card dealer at the Tampa Bay Downs racetrack. By application filed at the racetrack on December 3, 2003, Respondent applied for the referenced license. Persons unknown apparently conducted the application process for all employees of the facility. Employees completed the applications and submitted them at the racetrack, again to persons unknown. The application includes a section titled "Background Information." Question 1 asks in relevant part the following question: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contender (no contest) to, even if you received a withhold of adjudication? Question 1 further provides as follows: YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT. Respondent answered the question in the affirmative. The question provides that if the applicant responds in the affirmative to the question, "form 0050-1" should be completed to disclose additional information about the convictions. Form 0050-1 includes space to list three criminal convictions. The application instructions related to the form state: "[i]f you have more than seven offenses to document on form 0050-1, attach additional copies . . . as necessary." Respondent completed a form 0050-1. On the form, he stated that he had been convicted of a misdemeanor in 1987. The Respondent identified the offenses as "trespassing," "suspended license," and "cashed check." Respondent stated that the penalty had been probation, which was violated, and that he was required to finish the sentence. Respondent initially identified the location of the conviction as Pasco County, but crossed through the writing and changed it to Hillsborough County. Above Respondent's signature on the application is a statement that in material part provides as follows: I hereby certify that every statement contained herein is true and correct and that I understand that any misstatement or omission in this application may result in denial or revocation of my pari-mutuel license. Other than the information on the application, there was no evidence offered at the hearing that Petitioner was convicted of a misdemeanor in 1987 in Hillsborough County. Petitioner asserts that at the time he filed the application, he completed a second form 0050-1 on which he disclosed additional information related to felony convictions. At the hearing, he testified that an unidentified person allegedly involved in the application process instructed him to make the felony disclosures on a second form. Although there is no evidence contradicting Respondent's account of the events, the application submitted through the racetrack to Petitioner did not include a second form 0050-1. In 1983, Respondent was adjudicated guilty of felony charges, including Forgery and Uttering a Forged Check in Pasco County, Florida (Circuit Court, Sixth Judicial Circuit, Case No. 8101927CFAWS). In 1990, Respondent was adjudicated guilty of a felony charge of Grand Theft, Third Degree in Hillsborough County, Florida (Circuit Court, Thirteenth Judicial Circuit, Case No. 90-279). In 1991, Respondent was adjudicated guilty of a felony charge of Grand Theft in Pasco County, Florida (Circuit Court, Sixth Judicial Circuit, Case No. 8701762CFAWS). A few days after the application was completed, Respondent met with an employee of Petitioner (identified as "Nick") to discuss the felony convictions. "Nick" did not testify at the hearing. As filed with Petitioner, Respondent's application failed to include a second form 0050-1 and did not disclose the felony convictions identified herein. There is no evidence that Respondent has had any involvement in criminal activity since 1991.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Business and Professional Regulation enter a final order suspending Respondent's occupational license for a period of three months. DONE AND ENTERED this 17th day of December, 2004, 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 17th day of December, 2004. COPIES FURNISHED: Ralf E. Michels, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Stefan Thomas Hoffer Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Jerry M. Bonett 7801 Willowbrook Court Hudson, Florida 34667 Leon Biegalski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 David J. Roberts, Director Division of Pari-Mutuel Wagering Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact By Notice of Assessment and Jeopardy Findings dated November 14, 1990, the Department assessed Petitioner with taxes, interest and penalties in the total amount, as of the date of the notice of $14,478.75. This assessment was made pursuant to Section 212.0505, Florida Statutes, following an incident on November 9, 1990. A copy of the Notice of Assessment was forwarded to the State Attorney on the same day the Notice was issued to Petitioner. The Petitioner filed a letter of protest stating he was not the owner of the marijuana and neither drugs nor money was exchanged during the arrest. In the Department's Notice of Reconsideration dated May 7, 1991, the original assessment was sustained because the Petitioner admitted to using the locked room where the marijuana was located for storage. The following findings are made as to Petitioner, Robert Henry Ferguson, pursuant to the Stipulation of the parties: That Petitioner is Robert Henry Ferguson with Driver's License No. F622-768-64-180. Petitioner was arrested on November 9, 1990. That for the above-noted arrest, Petitioner was charged with possession of cannabis (marijuana) and possession with intent to sell or deliver. (F.S. 893.13) Petitioner had been given control of the N.W. bedroom at 7209 Hale Ave., Tampa, Florida. Petitioner had changed the lock on the door to the N.W. bedroom, and held the key to this new lock. Petitioner exercised control of the N.W. bedroom. Petitioner acknowledged to the police that his sister had no knowledge of the contents of the room and that the contents were his. Upon Petitioner's arrest on November 9, 1990, the police seized marijuana found in this N.W. bedroom, the quantity and value of which is dispute. Petitioner admits that there was at least 17 lbs. of cannabis and that it had a value of $6,500. The Department claims that there was 19.8 lbs. of cannabis and that it had a value of $19,305. Subsequent to Petitioner's arrest, the Department issued on May 7, 1991, its Notice of Reconsideration assessing Petitioner for $14,478.75 in taxes. This assessment was allegedly based on Section 212.0505, Florida Statues, and was allegedly for "use" and "storage" of cannabis. Petitioner never submitted to the Depart- ment any tax returns for the sale of cannabis or any other drug. Petitioner told his sister that he would use the N.W. bedroom for storage. Petitioner either owned or exercised possession and control of the cannabis found in the N.W. bedroom of the structure at 7209 Hale Ave., Tampa, Florida. Petitioner claims the cannabis (marijuana) was for resale. Petitioner does not contest that the police seized 19.8 lbs. of marijuana from the N.W. bedroom that he controlled (seizure date was November 9, 1991). Petitioner also does not contest that the value at retail of this marijuana was $19,305. In addition to the cannabis, a triple-beam scale was found in the northwest corner of the bedroom. The cannabis was packaged in several plastic bags weighing approximately six to eight pounds each. On March 11, 1991, Petitioner signed a written plea agreement in which he entered a plea of guilty to Possession of Cannabis with Intent to Deliver, pursuant to Section 893.13(1)(a), Florida Statutes. Neither the written plea agreement nor the court's Order of Probation mention Petitioner's tax liability for use or storage of cannabis. Petitioner has not tendered a bond for the disputed tax, penalty and interest, nor has he applied for a waiver of the bond.
Recommendation Based on all of the foregoing, it is recommended that the Department of Revenue issue a final order in this case concluding that the Petitioner, Robert Henry Ferguson, is liable for taxes, penalties, and interest pursuant to Section 212.0505, Florida Statutes, and assessing the amount of such liability at $14,478.75, plus interest at the rate of $4.75 per day since December 21, 1990. RECOMMENDED this 12th day of November, 1991, in Tallahassee, Leon County, Florida. VERONICA E. DONNELLY 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 12th day of November, 1991. APPENDIX TO RECOMMENDED ORDER, CASE NO. 91-4035 Petitioner's proposed findings of fact are addressed as follows: 1. Accepted. 2. Accepted. See HO #2B, 2D, 2F and 2H. 3. Accepted. See HO #2Q and #3-#4. 4. Accepted. See HO #2R 5. Accepted. 6. Accepted. See HO #1. 7. Accepted. 8. Accepted. See HO #5. 9. Accepted. 10. Accepted. See HO #6. 11. Accepted. See HO #2Q 12. Accepted. See HO #1. Rejected. Improper legal conclusion. Rejected. Improper legal conclusion. Rejected. This is a recommendation as opposed to a factual finding. Respondent's proposed findings of fact are addressed as follows: 1. - 18. Jointly stipulated findings of fact are accepted and reiterated in HO #2. Accepted. See preliminary statement. Accepted. See preliminary statement. Accepted. See preliminary statement. Accepted. See HO #2Q. Accepted. See HO #2R. Accepted. Accepted. See HO #3. COPIES FURNISHED: Matias Blanco, Jr., Esquire Vicki Weber, Esquire 701 North Franklin Street General Counsel Tampa, FL 33602 Department of Revenue 204 Carlton Building Ralph R. Jaeger, Esquire Tallahassee, FL 32399-0100 Assistant Attorney General Tax Section, Capitol Building Tallahassee, FL 32399-1050 J. Thomas Herndon, Executive Director Department of Revenue 104 Carlton Building Tallahassee, FL 32399-0100
The Issue The issue is whether Respondent failed to maintain good moral character as a law enforcement officer and violated provisions of Sections 943.1395(6), 943.1395(7), and 943.13(7), Florida Statutes (2003), and if so, what penalty should be imposed.
Findings Of Fact By stipulation of the parties, Respondent was, at all times material to this proceeding, a certified law enforcement officer in the State of Florida, holding certificate number 194615. On May 27, 2003, Dorothy Shelton was a dispatch duty officer at the Havana Police Department in Havana, Florida. The police chief asked Shelton to sit near Respondent in a small room at the police station when he came in to peruse the contents of his personnel file. Respondent arrived, took the folder and sat down near Shelton. When Respondent asked if he could remove papers from the folder, Shelton told him that it was not permitted. Some of the papers in the folder were loose and Respondent asked if he could have copies made of some of the documents. Shelton told him that copies could be made upon Respondent's going nearby to the Havana City Hall, paying the requisite copying fees, obtaining a receipt for same, and returning to the police station. Eventually, Respondent, after more paper shuffling, returned the folder to Shelton and left the police station. As he went out the door, Shelton observed a piece of paper in Respondent’s pocket. Shelton made the deduction that the paper came from the personnel folder and quickly told the duty sergeant that Respondent had removed a piece of paper from the folder. The sergeant immediately looked in the folder, noticed that a returned personal reference questionnaire sent out by the department in the folder was missing. The sergeant immediately proceeded to follow Respondent with the intent of stopping him outside, but discovered that Respondent had left the area. The sergeant then telephoned Respondent’s residence and left a telephonic message for Respondent to return the call. At about 5:00 p.m., that same day, Respondent returned the call. When questioned by the sergeant, Respondent admitted taking the document and later destroying it. At the hearing, Respondent testified that he was motivated to remove the document from the folder because he had a pending job application with the Florida Highway Patrol and the document inappropriately stated he had been “Baker-Acted.” In the course of his testimony, Respondent exhibited remorse and confirmed again a written apology he had written to the Havana police chief. At the hearing, Respondent also defended his actions by relating that he had discussed the matter with the Havana city manager who allegedly told him to go remove the document from the folder. In the absence of testimony by the city manager, Respondent’s testimony in this regard is not credited. The record does not reveal how long Respondent has been a certified law enforcement officer. There is no evidence that Respondent has a prior disciplinary history.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Petitioner enter a final order placing Respondent's certification as a law enforcement officer on probation for a period of two years upon such reasonable terms and conditions as may be determined by the Criminal Justice Standards and Training Commission. DONE AND ENTERED this 13th day of May, 2004, in Tallahassee, Leon County, Florida. S 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 13th day of May, 2004. COPIES FURNISHED: Linton B. Eason, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Thompkins W. White, Esquire Igler & Dougherty, P.A. 1501 East Park Avenue Tallahassee, Florida 32301 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Rod Caswell, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact The parties stipulated that Richard E. Ebner was registered as a real estate salesman on March 8, 1974 and has been so registered since that date having been issued license No. 0126254, that said license was applied for by Ebner, who prepared the application, which was jointly stipulated to be received into evidence as Exhibit 1. The parties further stipulated to the fact that Exhibit 1 contains question 9, as set forth in the Administrative Complaint in paragraph 2, and question 19, as set forth in the Administrative Complaint in paragraph 6, and that Ebner had answered question 9, "Yes. . . Midsdemeanor - Marijuana possession 1971," and question 19, "No." The parties further stipulated to the admission into evidence of Exhibit 2, Court Records of Arrest dated September 25, 1970; Exhibit 3, Court Records of Information dated September 29, 1970; and Exhibit 6, Court Records, Order of Incompetency. It was stipulated that an Order of Nolle Prosequi had been entered regarding the charges upon which the arrest, Exhibit 3, were based. The Commission offered Exhibit 4, a letter of Sheriff Collier dated January 12, 1974; and Exhibit 5, a judgment in Case No. 676 dated August 17, 1971, which were received into evidence. Thereafter on the basis of the stipulation and admission of Exhibits 5 and 6, the Commission rested its case. The Respondent then moved for dismissal of the charges because the charges were insufficient because the Commission failed to show if these matters had been disclosed the license would have been denied. The Hearing Officer denied the motion. The Respondent called his father and mother to testify. Richard Ebner had had in 1970 a drug problem and had been addicted to heroin. His parents searched the state for a hospital to treat their son. Having found a hospital, they went to the County Judge and explained their fears that their son might not stay in the hospital. Without a hearing, the Judge entered the Order of Incompetency, Exhibit 6. Thereafter, their son had gone to the hospital and remained there voluntarily. They both testified that their son, Richard Ebner, had no knowledge of the Judge's Order, and that they themselves were unaware of the nature of the order beyond the fact that they had been told it was sufficient to require their son to remain in the hospital if he tried to leave. The Board subsequently presented rebuttal testimony on the issue of incompetency that Richard Ebner's counsel had interposed an insanity plea to the 1971 arrest based upon the Order of Incompetency, see Exhibit 9. The Court refused this defense. Richard Ebner testified that he had known about the insanity defense his attorney had presented to his 1971 arrest, but that he had had no knowledge in 1971 that he had been declared incompetent by any Court or when he filled out the application. The Commission's investigator indicated that the Court's record indicated only the Order of Incompetency and no further pleadings. The Hearing Officer finds that Richard Ebner had no knowledge of the Order, Exhibit 6, adjudging him incompetent. Regarding question 9, the Commission's Exhibits 2 and 3 revealed that Ebner had been arrested in 1970 for obtaining or attempting to obtain a barbiturate or central nervous system stimulant by fraud, misrepresentation, deceit or subterfuge, or by forgery or alteration of a prescription, and uttering any false or forged prescription. As stated above, it was stipulated that these charges were dropped. The Commission's Exhibits 4 and 5 reveal that Ebner was arrested on March 30, 1971 for (1) possession if marijuana and (2) possession of marijuana paraphernalia. The charge relating to possession of paraphernalia was dropped, and Ebner was tried on possession of marijuana on June 28, 1971, found guilty and sentenced to six (6) months in the county jail. He served his sentence and was released January 12, 1972. Regarding the offense, the Respondent, Ebner, had stated on his application in response to question 9, "Misdemeanor - Marijuana possession in 1971." Richard Ebner is currently working for his father and brother in their family business and actively engaged in underwater salvage and repair as a hard hat (deep sea) diver. He works as long as 3 - 10 hours under water, and has performed such responsible work as maintenance of underwater cameras at a nuclear power plant. He testified that he no longer uses narcotic drugs and that to do so would jeopardize his life in his occupation as a diver. The Respondent appeared relaxed and confident on the witness stand and answered questions put to him by the attorneys and Hearing Officer forthrightly and without hesitation. He admitted his addiction to drugs, stated that he had overcome this, that he had not tried to conceal his 1970 arrest but thought that because the charges had been dropped by this state that there was no need to report it. He similarly stated that he had responded to question 9 regarding the 1971 arrest, conviction and sentencing.
The Issue Whether the Respondent violated Chapter 626, Florida Statutes, by entering a plea of nolo contendere of grand theft of the third degree; whether he was placed on probation without an adjudication of guilt for grand theft of the third degree; and whether he lacks the fitness and trustworthiness to engage in the insurance business contrary to Chapter 626, Florida Statutes.
Findings Of Fact The Respondent, Ronald David Lewis, holds various licenses to sell insurance contracts issued by the Petitioner, which is charged by statutes to regulate licensees. The Respondent misappropriated over $10,000 from Audrey M. Walker, who was a client of the Respondent. The State's Attorney for the Seventh Judicial Circuit filed an information against the Respondent charging him with grand theft of the third degree. The Circuit Court Judge Shawn L. Briese entered an order of probation which reflects that the Respondent entered a plea of nolo contendere, and was placed on 60 months' probation by order withholding adjudication of guilt. The deposition of Audrey M. Walker establishes that the Respondent misappropriated funds from Ms. Walker, whose trust he had gained by virtue of his licensed status.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED: That the Department enter its final order revoking all the licenses Respondent holds to sell insurance contracts. DONE AND ENTERED this 9th day of March, 2001, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 9th day of March, 2001. COPIES FURNISHED: James A. Bossart, Esquire Department of Insurance Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0333 Ronald David Lewis 3800 South Atlantic Avenue Apartment 304 Daytona Beach, Florida 32127 Daniel Y. Sumner, General Counsel Department of Insurance The Capitol, Lower Level 26 Tallahassee, Florida 32399-0307 Honorable Tom Gallagher State Treasurer/Insurance Commissioner Department of Insurance The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0300
Findings Of Fact Petitioner is Ronald Charles Brown. By application dated September 16, 1987, he sought licensure as a real estate salesman. Question number six of the application completed by Petitioner requires a "yes" or "no" answer to the question: "Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest) , even if adjudication was withheld? Petitioner responded in the affirmative to question number six and disclosed that he was convicted in juvenile court of the offense of grand theft in Marion County, Florida in 1978; that he was charged with the offense of trespassing in 1982, which charge was subsequently dropped; and that he was charged with sale and possession of cocaine in Marion County in 1985. The court withheld adjudication of Petitioner's guilt of the drug sale and possession charge and placed him on probation for five years. By letter dated March 7, 1988, counsel for Respondent informed Petitioner of Respondent's intent to deny licensure to Petitioner on the basis of the 1978 grand theft conviction; a 1978 arrest and conviction for "hit and run" in Marion County; a 1978 arrest and conviction for contributing to the delinquency of a minor; and the 1985 cocaine sale and possession charge. In February of 1978, Petitioner was 17 years of age when, intoxicated by alcohol and drugs, he fell through a skylight into a jewelry store. He suffered minor cuts in the fall and remained lying on the floor at the scene until police, responding to a security alarm, arrived and took him into their custody. Petitioner was subsequently required to make restitution to the store for damages resulting from the incident in a Marion County, Florida, juvenile court proceeding. Petitioner reached his 18th birthday in May of 1978. He testified that in July of that year, he angrily backed out of the driveway of the residence of parents of a girl friend. In the process, he knocked over the parents' mailbox with the automobile he was driving. He went to his parents' home, obtained another mailbox and returned to install it at the residence of the girl friend's parents. Upon his arrival, he was met by law enforcement officials and arrested for "hit and run." A subsequent check by the officials disclosed his driver's license was invalid. The 16 year old girl friend, on a date undisclosed by the record but in close proximity to the mailbox incident, ran away from home to meet Petitioner at his parent's lake house in Marion County. Petitioner and she met there in the early evening. Her parents and law enforcement officials arrived that night. Petitioner was arrested and subsequently convicted of the offense of contributing to the delinquency of a minor. In 1985, Petitioner was arrested for sale and possession of cocaine. While the evidence fails to disclose Petitioner's plea to these charges, adjudication of guilt was withheld and Petitioner was placed on probation by the court. That probation was terminated July 19, 1988, by court order. At present, Petitioner is married. He and his wife have a small baby. He has been employed by a small chain of appliance stores for almost two years and now manages one of the stores. At the store managed by Petitioner, he exercises total control. He possesses the store keys, opens and closes the facility, oversees the inventory valued at approximately $300,000 and controls daily cash of approximately $5,000. He reports to a supervisor several miles away each morning to take and drive the delivery truck, loaded with products, to the store to which he Is assigned. Several informal inventories and one formal inventory have been performed at the store during the one year Petitioner has managed it and no losses have been noted. Petitioner denied he had ever sold cocaine; instead he insisted that his role was limited solely to that of being a delivery boy for other drug salespersons. He stated he has undertaken no specific drug rehabilitation program other than to discontinue involvement with controlled substances. In addition to his own testimony acknowledging and explaining his criminal record, he presented testimony regarding his character. Character witnesses consisted of Petitioner's mother and two other individuals. Both individuals testified they had known Petitioner only since February of 1986 or some point in time since the occurrence of his last criminal offense in 1985. Both individuals were impressed with Petitioner and indicated some knowledge, absence specific details, of his criminal background.
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. DONE AND ENTERED this 18th day of January, 1989, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The Oakland Building 2900 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of January, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-1231 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. RESPONDENT'S PROPOSED FINDINGS 1.-8. Adopted in substance. COPIES FURNISHED: Ronald Charles Brown, pro se 9400 Monte Carlo Blvd. Fort Pierce, Florida 33451 Lawrence Gendzier, Esquire 400 West Robinson Street Room 212 Orlando, Florida 32801 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Darlene F. Keller, Division Director Real Estate Legal Services 400 West Robinson Street Orlando, Florida 32801
