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
