Findings Of Fact Petitioner, Harvey Jackson, in an inmate at UCI and has been at all times pertinent hereto. During the month of September, 1986, consistent with the rules of DOC, Jackson had a list of individuals on file who he desired to be allowed to visit him at the institution. These included members of his family and his fiancee, Ms. Ann Alexander. On September 22, 1986, Ms. Alexander came to visit Jackson at UCI. According to the routine procedure followed for the preparation of visitors' entrance into the Visitor's Park area, Ms. Alexander's purse was searched and she was subject to a pat search prior to being allowed into the secure area. During the search, it was determined she had $50.00 in U.S. currency in her possession and she was permitted to take that money into the Visitor's Park, leaving her purse at the waiting area. While Jackson and Ms. Alexander were together in the Visitor's Park, she purchased two cartons of cigarettes at the canteen and two orange drinks. The cartons of cigarettes were $12.00 each and the drinks were 35 each. Therefore, she spent approximately $24.70 of the $50.00 she brought in. Because she did not have a purse, she claimed later, upon questioning, that she put the change in the brown paper bag she got with the drinks and when she disposed of the bag in a trash can, inadvertently threw out the money as well. When she left the Visitor's Park area, she was subject again to a pat search and requested to indicate how much money she had. At that time, it was determined she had only $3.00 in her possession. According to corrections personnel who interviewed her, she gave several different stories as to what happened to the money she could not account for. Though both Ms. Alexander and Jackson stated she bought him two cartons of cigarettes, when he was searched prior to leaving the Visitor's Park, he had only one carton with him. The strip search conducted of him at that time also failed to reveal any money in his possession. Ms. Alexander was asked to go back into the Visitor's Park and look through the trash cans to try to find the money, and was accompanied by a guard. Because of the heat, however, it was an odious task and she admits her search of six or seven cans was not thorough. Unfortunately, she was unable to locate the money. As a result of this missing money, an incident report, (IR) was prepared. Ms. Alexander was not detained but was orally informed that her visiting privileges might be suspended and Jackson was allowed to return to his quarters. The IR merely outlined the information cited above but did not draw any conclusions as to what happened to the money. Mr. Davis, the corrections supervisor who was in charge of the corrections shift, concluded that Ms. Alexander disregarded the department's rules and regulations and recommended that her visiting privileges be revoked for an indefinite period. This IR was processed through channels to Mr. Cunningham, the Classification Supervisor, who under the provisions of Section 33-5.007(5), F.A.C., had the authority, in the absence of the Superintendent, to approve the suspension. He did so, and made sure that the Superintendent was informed. Thereafter, on September 29, 1986, Mr. K. W. Snow, who worked for Mr. Cunningham, on behalf of the Superintendent, Mr. Barton, sent a letter to Ms. Alexander at her home address on file at the institution, indicating that her visiting privileges were suspended indefinitely beginning that date and would be reinstated on October 31, 1986, one month later. Notwithstanding that inconsistency regarding the length of the suspension, the practice at UCI, in the case of indefinite suspensions, is to reconsider the suspension on receipt of a request for reinstatement. In the case of a suspension for a definite term, they will reinstate upon request at the end of the suspension period. On the afternoon of September 26, 1986, several days prior to the dispatch of the suspension letter to Ms. Alexander, inmate Jackson was called to Mr. Snow's office where he was told that Ms. Alexander's visiting privileges were to be suspended for 30 days. At that time, he was advised that the basis for the suspension was her inability to account for the money she brought into the Visitor's Park on September 22. Though he requested a copy of the IR at that time, Jackson was not given a copy of it until in response to a discovery request after the filing of the rule challenge petition. Jackson was not advised of any opportunity either he or Ms. Alexander might have for a hearing on the matter prior to the suspension, or any appeal rights. Thereafter, Jackson wrote to Mr. Snow asking that he be notified of the suspension in writing, but this request was denied. The September 29, 1986 letter was not received by Ms. Alexander but was returned undelivered because of an erroneous address. On October 1, 1986, however, she wrote to Mr. Cunningham, having been advised by Jackson of the suspension, and the address on her stationery was used to again send her a letter of notification. This second letter was not returned. In her letter, Ms. Alexander explained her reasons for taking so much money into the Visitor's Park, and what she had done with a part of it. She also outlined her efforts to find the extra money. These explanations were not credited by the institution officials, however. Ms. Alexander's suspension has had a bad effect on Jackson, he claims. He felt frustrated and considered that his ability to be heard by the authorities was unnecessarily thwarted. He is of the opinion that the suspension was unfair because neither he nor his fiancee had broken any rules, and neither of them was given any opportunity to explain to the decision maker what had happened other than in writing and after the action was taken. As a result of the suspension, which has now expired, he missed two separate visits from his fiancee. It should be noted, however, that Ms. Alexander's suspension did not place any limits on visits by the other 7 or 8 people on his visitor's list. This suspension action has been utilized frequently as to other visitors as well as Ms. Alexander. Ms. Decker, for example, on September 29, 1986, was notified of the suspension of her visiting privileges on the basis that she had allegedly written a threatening letter to an official at the institution. She found out about her suspension through a phone call from her inmate fiancee. Neither she nor he, initially, was told of the reason for her suspension, and she was given no opportunity to rebut the allegations against her prior to the suspension action. Subsequent to the suspension, she was able to clarify the situation and her visiting privileges have been reinstated, albeit on less convenient days than she had previously. She believes this change in days was intended as punishment, but there is no evidence of this. Ms. Decker denies ever having been told that she could only spend $25.00 in the canteen as is alleged in Ms. Alexander's letter. In fact, there is no rule or policy limiting the amount that visitors may spend in the canteen nor is there a rule or policy which limits inmates to no more than one carton of cigarettes at a time. Mr. Jackson complains of the fact that neither he nor Ms. Alexander was afforded a hearing prior to the imposition of the suspension. There is no provision in the rule for a hearing prior to suspension in this type of case. This suspension was not intended as punishment for improper behavior by Jackson, but more a means of correcting an unauthorized situation and avoiding a security problem. Officials at UCI interpret the provisions of paragraph 33-5.007(5), F.A.C., as permitting the removal of a visitor from the visiting list for criminal activity, for a serious rule violation, for continuous infractions of visiting procedures, for security breaches, or a combination of those. While the instant situation is not considered to be criminal activity, a serious rule violation, or a continuing infraction, it is considered to be a security breach and it was to correct this situation that the institution officials suspended Ms. Alexander. Final action on the issue of a suspension of visiting privileges based on the IR is, by the rule, to be taken by the Superintendent, or the Assistant Superintendent, Classification Supervisor, or the next senior officer present in the chain of command in the absence of the Superintendent. Here, while the suspension letter in question was signed by Mr. Snow, the assistant classification supervisor, and while the Superintendent, Mr. Barton, was present on the day the suspension letter was signed, the letter clearly shows that the action was taken in the name of the superintendent and the testimony of Mr. Cunningham established that it was done with his concurrence. There is nothing in the rule that requires that the inmate or the visitor be afforded a hearing prior to the action suspending visiting privileges. If an inmate feels that the action suspending the visiting privileges of an individual on his list is improper and he can show a direct effect on him as a result thereof, he may file a grievance. Though Jackson indicates he filed a grievance in this case, there is no evidence of it. The incident report in question related strictly to the activity of Ms. Alexander and the action was taken against her even though, in so doing, an adverse effect was felt by Mr. Jackson. No doubt had he desired to do so, he could have grieved that situation, but, as was stated above, there is no evidence that he did so. There is a difference between an IR, as was written here, and a disciplinary report, (DR), which was not involved in this case. A DR involves misconduct on the part of an inmate which may result in disciplinary action, including a suspension of visiting privileges. An IR is nothing more than a memorialization of an unusual incident which is to be brought to the attention of institution authorities. Whereas an inmate is entitled to a hearing before action is taken on the basis of a DR, no hearing is required when an IR is written. If the incident resulting in an IR also results in a DR, a hearing would be afforded the inmate based on the proposed disciplinary action, not on the memorialization in the IR. There is no doubt that the removal of visitors from an inmate's visitors list does have an adverse effect on the morale and possibly the well- being of the inmate involved. However, the action is normally taken on the basis of the conduct of the visitor, not the inmate, and if a decision is made to suspend the visiting privileges of the visitor, the direct effect is on that visitor with a secondary effect only on the innate. In the instant case, officials concluded that Ms. Alexander's inability to account for approximately $20.00 in currency constituted a breach of security which authorized and in fact dictated a need to curtail her entry into the institution for a period of time. There is no evidence that Jackson committed any offense or did anything improper and it is, indeed, unfortunate that he was forced to suffer the deprivation of not being visited by his fiancee for a period of time. Notwithstanding this, it is clear from the testimony of the numerous individuals involved in the investigation of this incident that the action taken under the terms of the rule to suspend Ms. Alexander's privilege to visit was not taken lightly and was based on a bona fide evaluation of a security risk to the institution.
Findings Of Fact Question numbered 13 of Respondent's application for licensure form reads as follows: "Have you ever been arrested[?] If yes, list any and all arrests and dispositions. This may or may not be grounds for denial." In response to this question, Petitioner advised that he had never been arrested. Petitioner was arrested in 1972 for burglary of a building and grand larceny; in 1973 for possession of marijuana; again in 1973 for trespassing and possession of dangerous drugs; twice more in 1973 for probation violations; in 1974 for buying, receiving and concealing stolen property; twice in 1975 for buying, receiving and concealing stolen property; in 1975 for possession of heroin; in 1976 for burglary, possession of burglary tools, possession of stolen property, and breaking and entering automobiles; and in 1977 for probation violations. Adjudication was withheld on the 1972 charges, and Petitioner was Placed on five years' probation. A number of the other charges were dismissed. However, Petitioner was convicted of the trespassing and possession of dangerous drugs in 1973; of buying, receiving and concealing stolen property in 1975; of possession of burglary tools and breaking and entering automobiles in 1976; and of probation violation in 1977. Since his last conviction, Petitioner has married and now has a family. Petitioner and his parents believe that Petitioner's new family indicate that he is rehabilitated and is now of good moral character in spite of the fact that Petitioner admits he knowingly gave false information in response to Question numbered 13 on his application for licensure.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, therefore, RECOMMENDED THAT: A final order be entered denying Petitioner's application for licensure as both an armed and unarmed security guard. RECOMMENDED this 7th day of January, 1981, in Tallahassee, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of January, 1981. COPIES FURNISHED: Mr. Alvin J. Goings 1711 North West 87th Street Miami, Florida 33147 W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 The Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301
Findings Of Fact On October 31, 1979, Petitioner signed, under oath, Respondent's application form for an unarmed guard license, swearing that the information contained in the application is true and correct. In answer to Question 2 of the application, Petitioner gave his name as Paul Edward Kane. Question 3 of the application reads: "Have you ever been known by any other name other than that given above?" Petitioner answered in the affirmative and listed the following names: Consumer Credit Corp., Walter D. Wadsworth, Mr. E. Samuels, M. Ross, Mr. Frank, and "others." He did not advise Respondent that he had used the name Paul E. Smith both in Tampa and while he was in the U.S. Army. He additionally failed to list the name Paul H. Smith, although he has also used that name. Question 9 of the application form requests an applicant's date of birth. Petitioner gave his as January 18, 1926. Although that is his actual birth date, he has also used January 18, 1930, as a birth date while in the military service, and has used others from time to time. Question 12 of the application form requests information regarding military service. Petitioner advised that he had served in the U.S. Army from September, 1947, through November, 1953, and had received an honorable discharge. He neglected to advise Respondent that he had served on two occasions and had received two discharges. One of those discharges was a dishonorable discharge resulting from a court martial conviction on charges in Japan, which dishonorable discharge apparently was later changed to a general discharge. His other term of service did result in an honorable discharge. Question 13 on the application form requires a listing of all arrests. Petitioner advised that he had been arrested for driving while intoxicated in 1975 and in 1977, and had been fined as a result of each of those arrests. Petitioner withheld any mention of the following arrests: 1952, robbery and assault with a deadly weapon; 1952, robbery and assault with a deadly weapon; 1954, contributing to the delinquency of a minor; 1954, violation of probation resulting from one of his robbery and assault with a deadly weapon arrests; 1963, destroying personal property; 1971, two separate arrests involving four worthless checks; 1972, rape; 1973, worthless check; 1977, forgery; and 1979, two counts of violation of probation. He has also been arrested for driving without a license. While in the military service, Petitioner was charged with assaulting a Japanese national by shooting him in the face with a pistol. A court martial sentenced him to two and one-half years imprisonment. Petitioner is presently on probation pursuant to a worthless check conviction, and his probationary period will not terminate until October 31, 1982. Although not all of the arrests listed above resulted in a conviction, Petitioner was minimally convicted of one of the 1971 worthless check charges and of the charges against him while he was in the military service. Petitioner's witness had no personal knowledge of Petitioner's application, his character, or his history.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED THAT: A Final Order be entered denying Petitioner's application for a Class "F" Unarmed Security Guard License. RECOMMENDED this 27th day of October, 1980, in Tallahassee, Florida. LINDA M. RIGOT Hearing Officer Division of Administrative Hearings Department of Administration Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of October, 1980. COPIES FURNISHED: Mr. Paul E. Kane 4621 Pearl Street Tampa, Florida 33611 W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 The Honorable George Firestone Secretary of State State of Florida The Capitol Tallahassee, Florida 32301
Findings Of Fact At all times relevant to the issues herein, Respondent was licensed by the Florida Division of Real Estate under license number 0202980. On January 16, 1986, Respondent, represented by counsel, entered a plea of guilty before the Honorable Alcee L. Hastings, Judge of the United States District Court for the Southern District of Florida, to a charge of being involved in a scheme to defraud to obtain money by false pretenses by U.S. Mail, in violation of 18 U.S.C. 1341 & 1342, and conspiracy to defraud to obtain money by false pretenses in violation of 18 U.S.C. 371. Respondent was found guilty as per his plea and was sentenced, inter alia, to imprisonment in a United States Penitentiary for 4 years on the first count and for 1 year on the second, the terms to run consecutively. Respondent surrendered to authorities at the Federal Prison Camp, Leavenworth, Kansas, on May 5, 1986, and is presently incarcerated there.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law is is, therefore: RECOMMENDED that the Respondent's license as a real estate salesman in Florida be revoked. RECOMMENDED this 17th day of October, 1986 at Tallahassee, Florida. ARNOLD H. POLLOCK, 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 17th day of October, 1986. COPIES FURNISHED: Arthur R. Shell, Jr., Esquire Senior Attorney Department of Professional Regulation 400 West Robinson Street Orlando, Florida 32801 William J. Hogan 25392-004 B-2 Post Office Box 1000 L.V.C. Leavenworth, Kansas 66048 Fred Roche Secretary Department of Professional Regulation 130 N. Monroe Street Tallahassee, Florida 32301
The Issue Whether or not Petitioner's application for a Class "D" security officer's license should be approved.
Findings Of Fact On November 8, 1990, the Respondent, Department of State, Division of Licensing, received Petitioner, Marco A. Sanchez' application for a Class "D" security officer's license. The application was signed by Petitioner on October 24, 1990. In Section five of Petitioner's application, Petitioner indicated he had never been convicted of a crime regardless of whether adjudication was withheld or imposition of sentence was suspended. By amended denial letter dated June 11, 1991, Respondent advised Petitioner that his application for licensure would be denied for alleged violation of Section 493.6118(1)(a), to wit, fraud or willful misrepresentation in applying for a license; and Section 493.6118(3), lack of good moral character. On March 1, 1990, in Hillsborough County Circuit Court, Case No. 89- 20164, Petitioner pled guilty and had adjudication of guilt withheld on the charge of petit theft. The initial charge was strong arm robbery but was reduced at trial. Petitioner was placed on probation for a period of six months, however, he successfully performed his community service within two (2) weeks of sentencing and the probationary period was suspended following his completion of the community service.. The guilty plea resulted from an incident in which Petitioner attempted to steal a dress shirt from a local department store. Petitioner became angry when he was unsuccessful in his effort to exchange a shirt that he received as a gift. Petitioner was ultimately able to have the shirt exchanged at a different department store of the same chain. Following the exchange, Petitioner attempted to steal another shirt. Petitioner was observed by the store's security officers who followed him and apprehended him as he left the store. Petitioner and the officers engaged in a scuffle when they detained him. Based on Petitioner's confrontation with the store clerk at the first store, he was motivated to attempt to take the shirt from the second store. On December 9, 1989, Petitioner was originally charged with strong arm robbery on the basis that one of the security officers was injured on the lip. At hearing, Petitioner credibly testified that the security officer in question was not involved in his apprehension in December 1989. Petitioner is remorseful for attempting to steal the shirt from the department store in December 1989. During November 1988, in Miami, Florida, Petitioner was arrested and charged with the possession of cocaine and marijuana. The charges were nolle prossed. Petitioner credibly testified that the drugs in question belonged to a female companion in his car at the time of his arrest and he was unaware that she had any contraband on her person. Petitioner completed his application for a Class "D" security officer and was aware of his requirement to truthfully respond to the inquiry in Section Five of the application. Petitioner failed to credibly explain his omission of the March 1, 1990 disposition of the charges filed against him in Hillsborough County Circuit Court, Case No. 89-20164.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Respondent enter a Final Order denying Petitioner's application for licensure as a Class "D" security officer. DONE and ENTERED this 29th day of August, 1991, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 29th day of August, 1991.
Findings Of Fact In March, 1955 the Petitioner was convicted in Federal Court in the Southern District of Florida of the felony Interstate Transportation of Forged Checks. He was placed on probation. Shortly thereafter the Petitioner was again arrested for probation violation and he served a three-years sentence. He was released from prison in 1958. It does not appear that the Petitioner's civil rights have been restored to him. The Petitioner is in all other respects entitled to be issued a license as an employee guard.
Findings Of Fact The Petitioner testified in his own behalf, admitting that he had failed to answer Question 13, "Have you ever been arrested?" honestly. He stated that he had been embarrassed to put down the fact that he had been arrested. He stated that he had applied for the position as an unarmed security guard with Oxford Security Services thinking that it would be a temporary position. However, since his employment he has been promoted to safety coordinator, salesman and supervisor/operations manager of the company's operations in the Jacksonville area. The applicant was first employed in June of 1979. He stated that he needed to be licensed in order to maintain his present position. The applicant explained his arrest in 1963 and in 1977. His arrest in 1963 was for larceny and arose from taking money belong to the company by which he was employed and purchasing a car with it. The court withheld adjudication and placed the applicant on probation for five years. During that time he married and left the State of Florida in violation of the terms of his probation. In 1977, the applicant was employed in Jacksonville, Florida, as a used car salesman. After a 24-hour sale-athon, the applicant began bar-hopping and ended up in a topless go-go club. His next conscious recollection was waking up in the Duval County jail, where he was advised that he was charged with lewd and lascivious conduct. He had no knowledge of the conduct which gave rise to his arrest. The Duval County court advised the applicant to enter a plea of nolo contendere and be transferred to Miami court for disposition of the applicant's offense of parole violation. The Duval County court sentenced the applicant to two days for lewd and lascivious conduct, during which time he was transferred to the Dade County courts. The charges of violating parole in Dade County were dismissed. The applicant further explained his arrest for passing a worthless bank check. The applicant stated that he had overdrawn his account unknowingly in 1971. He was arrested and paid off the overdraft, and the charge was dismissed. The applicant stated that his employer was not aware of his arrest record.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the applicant's application for a Class F, unarmed guard license be denied; however, that the applicant be afforded the opportunity to refile his application with full disclosure, and that in the absence of any other disqualifying grounds said reapplication be approved. DONE and ORDERED this 6th day of February, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of February, 1980. COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Wayne M. Chadwick 865 Lane Avenue, #703 Jacksonville, Florida 32205 =================================================================
The Issue The issue in the case is whether the application filed by John Stover Mark (Petitioner) for licensure as a resident independent all lines adjuster should be approved.
Findings Of Fact On June 13, 2005, the Petitioner was driving his vehicle and was stopped for unlawful speeding. During the traffic stop, the law enforcement officer discovered that a grand theft warrant had been issued and was outstanding against the Petitioner. Prior to the traffic stop, the Petitioner was unaware of the warrant. The Petitioner was arrested on the warrant and charged with a third degree felony count of grand theft. The Petitioner testified that the charge was related to a claim by his former employer that the Petitioner had stolen tools from a construction job site. According to the Petitioner, he had been employed in the construction industry for many years by the same employer and had become unhappy with the lack of financial support he believed he was receiving from the employer. Eventually, he decided to quit the job and called his employer from the job site to do so. The Petitioner testified that he advised the employer that he was leaving the job and that the tools that belonged to the employer were being left at the job site. The abandoned tools apparently went missing, and the Petitioner was subsequently charged with the theft of the equipment. Although the Petitioner testified that he entered a plea of nolo contendere to the charge upon advice of his public defender, the court records indicate that the Petitioner entered a guilty plea to one count of grand theft, a third degree felony, on July 29, 2005, in Case No. 05-CF-012565, Circuit Court for the Thirteenth Judicial Circuit, Hillsborough County, Florida. The confusion related to the actual plea entered is immaterial to the disposition of this case. In any event, adjudication was withheld, and the Petitioner was sentenced to make restitution and pay court costs and to complete a five-year probationary period. The probation was terminated by order of the Court after approximately two years after the Petitioner had complied with all other requirements of his sentence. The Petitioner was subsequently injured in an automobile accident and through the services of the Department of Education, Division of Vocational Rehabilitation (DVR), received training for another occupation for which he was physically capable. The Petitioner testified that the DVR provided computer equipment and also funded the educational training that was a requirement for licensure as an insurance adjuster. The Petitioner testified that he disclosed the grand theft felony to his DVR counselor, who was apparently unconcerned or unaware that the felony incident posed an impediment to the Petitioner's prospects for licensure as an insurance adjuster. After completing the relevant training, the Petitioner filed an application for licensure as a resident independent all lines adjuster on July 11, 2007. The application contained the following question: Have you ever been convicted, found guilty, or pled guilty or nolo contendere (no contest) to a felony under the laws of any municipality, county, state, territory or country, whether or not adjudication was withheld or a judgment of conviction was entered. The Petitioner answered the question in the affirmative. The Petitioner truthfully answered other questions on the application related to the felony problem and properly disclosed the relevant information. There is no evidence that the Petitioner has failed to disclose the grand theft incident in response to any inquiry material to this case, or has made any attempt to conceal the matter from the Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner's application for licensure as a resident independent all lines adjuster be denied. DONE AND ENTERED this 13th day of May, 2008, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of May, 2008. COPIES FURNISHED: William Gautier Kitchen, Esquire Department of Financial Services Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0333 John Stover Mark 8143 Sudbury Drive Port Richey, Florida 34668 Honorable Alex Sink Chief Financial Officer Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Daniel Sumner, General Counsel Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0307
Findings Of Fact Defendant, Daniel O. Schaiewitz, at all times here involved was a registered real estate salesman and on September 11, 1975 his registration was changed to inactive. Defendant was duly notified of the charges against him and of the date and place of the hearing. On October 14, 1975 Defendant was found guilty in the United States District Court for the Middle District of Florida of a violation of 18 U.S.C. 641. 18 U.S.C. 641 is the crime of embezzling property of the United States and carries a maximum punishment of $10,000 fine and ten years imprisonment.
