Findings Of Fact Petitioner was found guilty of breaking and entering in 1974, and was charged with burglary and attempted escape in 1976. The burglary charge was, upon adjudication reduced to trespassing and too attempted escape charge was dropped. Respondent's license application form contains the question, "Have you ever been charged with or convicted of a felony?" Details are required if a "yes" answer is given. Petitioner disclosed the 1974 breaking and entering conviction but did not include either of the 1976 charges or the 1976 misdemeanor conviction. However, this was not an attempt by Petitioner to withhold information, but was rather a misunderstanding of the request to list all felony charges regardless of disposition and not merely those involving felony convictions. Petitioner's reputation for truthfulness was attested to by the police officer who arrested him in 1974 and 1976, and monitored his subsequent rehabilitation. Petitioner readily admitted the acts for which he was arrested in 1974, and has never been otherwise known to lie. Petitioner, who was 26 years old at the time he filed his application in April of 1980, has overcome his earlier difficulties. Since 1976, he has completed a drug therapy program, taken mental health technician courses at a community college, and worked as a counselor and supervisor in a community mental health facility. He is currently a convenience store manager in Fort Pierce, and recently trained part-time with a local insurance agency in anticipation of licensing.
Recommendation From the foregoing, it is RECOMMENDED that the application of Ricky D. Brown for filing for examination as ordinary-combination life including disability agent be granted. DONE and ORDERED this 10th day of December, 1980, in Tallahassee, Leon Country, Florida. R. T. CARPENTER 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 10th day of December, 1980. COPIES FURNISHED: Mr. Ricky D. Brown 601 North 15th Street Fort Pierce, Florida 33450 Leon Rolle, Esquire Office of Treasurer and Insurance Commissioner 220 Larson Building Tallahassee, Florida 32301
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 Whether Respondent's license as a veterinarian in the State of Florida, should be suspended, revoked, or otherwise disciplined for alleged violation of Chapter 474, Florida Statutes, as set forth in the Administrative Complaint, to wit: Section 474.214(1)(f), Florida Statutes, by violating a lawful order of probation of the Board.
Findings Of Fact The Respondent is a licensed veterinarian in the State of Florida, license number VM 2404. Respondent's license is currently under suspension. On March 23, 1988, the Board of Veterinary Medicine filed a Final Order in settlement of ten (10) different cases involving the Respondent. The Final Order adopted a Stipulation of the parties. The Stipulation resulted in the suspension of Respondent's license to practice veterinary medicine and imposed an administrative fine. The stipulation also provided in pertinent part,: Prior to reinstatement of Respondent's license, he shall have the burden of demonstrating to the Board that he is able to practice veterinary medicine safely and in accordance with the laws of the State of Florida. This demonstration shall consist of the following: proof of continuing education as directed by the Board; a comprehensive psychological evaluation from a psychiatrist or psychologist, who is familiar with the charges against the Respondent, and has provided counseling to the Respondent; and a recommendation by that counselor that the Respondent is safe to practice veterinary medicine. A six thousand dollar ($6,000) fine, payable to the Executive Director of the Board, by certified funds, within sixty (60) days after the filing of a Final Order accepting this stipulation. The Final Order amended the stipulation as follows: Paragraph 2(b) of the proposed disposition shall be amended to specify that the psychiatrist or psychologist referred to in that provision shall be a person approved by the Board. For purposes of carrying out this provision, the Board delegates to the Chairman the authority to approve the individual psychiatrist or psychologist. The Board specified that the approved psychiatrist or psychologist must submit the first evaluation within thirty (30) days of the date of this Order and submit a second evaluation toward the end of the period of suspension, but prior to reinstatement. In addition, the Board specified that the approved psychiatrist or psychologist shall make a recommendation with regard to the frequency and duration of the counseling sessions for the Respondent and Respondent shall comply with that recommendation. Finally, the Board specified that the approved psychiatrist or psychologist must submit quarterly reports to the Board with regard to Respondent's progress in counseling and attendance at counseling sessions. It was undisputed that Respondent had not paid the six thousand dollar ($6,000) administrative fine within the sixty (60) days following the filing of the Final Order. No part of the fine was paid by the date of the final hearing in this matter and no attempts to pay or extend the time for payment were made by Respondent. There was no credible evidence presented which indicates that the Respondent's obligation to pay the Administrative Fine was in any way excused or discharged. The fact that Respondent was discharged in bankruptcy does not relieve him of his obligation to pay the administrative fine. Such fines are not dischargeable in bankruptcy. The evidence submitted by Respondent on the above point was not credible. The evidence did show that Respondent was employed at a salary which was sufficient for him to at least make an attempt at payment of the fine, especially since his other debts were discharged in bankruptcy. The order of discharge attached to Respondent's Proposed Recommended Order is the standard form order issued by a bankruptcy court. It was impossible to determine whether the attached creditor list was part of that order. The creditor list is not incorporated or referenced in the order. The list itself appears to be a copy of the mailing list required to be filed with the bankruptcy petition. There was no evidence presented that a petition or other request for reinstatement of the Respondent's license to practice veterinary medicine has been filed. Therefore, Respondent's failure to otherwise comply with the reinstatement requirements of the Final Order are not ripe for hearing before this Hearing Officer.
Recommendation Based upon the foregoing findings of fact and conclusion of law, it is: RECOMMENDED that the Florida Board of Veterinary Medicine enter a Final Order revoking the Respondent's license to practice veterinary medicine. DONE AND ENTERED this 9th day of October, 1989, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER 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 9th day of October, 1989. APPENDIX TO RECOMMENDED ORDER CASE NO. 88-5811 The facts contained in paragraphs 1, 2, 3, 4, 5 & 6 of Petitioner's Proposed Findings of Fact are adopted, in substance, in so far as material. The facts contained in paragraphs 1, 2, 3, 4, 5, 6, 7, & 13 of Respondent's Proposed Findings of Fact are adopted, in substance, in so far as material. The facts contained in paragraphs 9, 12 & 14 of Respondent's Proposed Findings of Fact were not shown by the evidence. The facts contained in paragraph 10 are subordinate. The facts contained in paragraph 8 of Respondent's Proposed Findings of Fact were subordinate except those continued in the last sentence which were not shown by the evidence. The facts continued in paragraph 11 of Respondent's Proposed Findings of Fact were not shown by the evidence except those continued in the last sentence which are subordinate. COPIES FURNISHED: Laura P. Gaffney, Senior Attorney Department of Professional Regulation Northwood Centre Suite 60 1940 North Monroe Street Tallahassee, Florida 32399-0792 Neil F. Garfield, Esquire Envirwood Executive Plaza Suite 200 5950 West Oakland Park Blvd. Lauderhill, Florida 33313 Lawrence A. Gonzalez Secretary Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Kenneth E. Easley General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Linda Biedermann Executive Director Department of Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
The Issue Whether Respondent committed the violations alleged in Administrative Complaint, as amended? If so, what disciplinary action should be taken against him?
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: Respondent is now, and has been since April 30, 1982, certified by the Commission as a law enforcement officer. He holds certificate number 08-82-002- 01. Respondent is now, and has been since early 1982, employed by the Florida Highway Patrol (hereinafter referred to as the "FHP"). He currently holds the rank of sergeant, a rank he has held since 1986, with the exception of a brief period of time in 1990 when he served as a lieutenant. As a sergeant, Respondent is responsible, on a regular basis, for the direct supervision of eight troopers. There are occasions, however, when as many as 40 troopers are under his supervision. During the time that he has been with the FHP, Respondent has received numerous commendations and his overall work performance has been rated as either satisfactory or above. Only twice during the period of his employment has he been disciplined- - in 1983, for the negligent operation of his FHP vehicle, for which he received a written reprimand, and, more recently, for the incidents which gave rise to the issuance of the instant Amended Administrative Complaint. These incidents all occurred during the time Respondent held the rank of lieutenant. Respondent was promoted to the rank of lieutenant and assigned to the investigative section of the FHP's Troop "E" in Miami on or about February 1, 1990. His duties included working out of uniform (in civilian clothes) investigating driver's license fraud. Among the other investigative lieutenants assigned to Troop "E" with whom Respondent worked were Lieutenants Jimmy Hobbie, Paul Sharpe and Kenneth Glass. Respondent shared an office with Lieutenant Hobbie. They each had their own desk. Lieutenants Sharpe and Glass occupied other nearby offices. Respondent enjoyed a congenial, professional relationship with his fellow investigative lieutenants. At no time did he ever have an exchange of angry or threatening words with them. On at least three separate occasions between February 19, 1990 and April 15, 1990, while in his office and in the presence of Lieutenants Hobbie and Sharpe, with whom, at the time, he was engaged in casual, light conversation injected with attempts at humor, Respondent removed his .38 caliber FHP-issued service revolver from his holster, placed it near the side of his head, pulled the hammer partially back, and, without firing any shots, returned the revolver to his holster. On none of these occasions did Respondent intend to harm or threaten anyone. He was simply trying to be funny. Neither Hobbie nor Sharpe, however, were amused by Respondent's careless and potentially dangerous display of his firearm. 1/ To the contrary, they were troubled by Respondent's actions, but they did not express their concerns to Respondent. On March 30, 1990, Respondent displayed a firearm in arresting an individual named Mark Barken for driver's license fraud. Prior to locating and arresting Barken, Respondent had been told by Barken's brother that Barken was a heroin addict and that Barken had recently threatened the brother with a shotgun and told the brother that he was going to kill him and his wife. Based upon the information he had been provided by the brother, Respondent considered Barken to be an unstable, dangerous and violent individual. Therefore, when he received a tip that Barken was at a drug treatment and rehabilitation facility in Perrine, he asked Lieutenant Hobbie to accompany him to the facility to assist in arresting Barken. Hobbie agreed to provide such backup support. Respondent and Lieutenant Hobbie drove to Perrine and waited together outside the facility for Barken to leave. After a while, Respondent left the surveillance area for brief moment. When he returned, Hobbie advised him that Barken, or at least someone who looked like Barken, had just left the facility. Respondent thereupon got into his FHP vehicle and drove off in the direction Hobbie had told him Barken was headed. Hobbie remained behind in the surveillance area. Shortly thereafter Respondent spotted Barken, who was with a companion. As Respondent approached the two, they ran across the street into a parking lot. Respondent followed them. As he pulled into the lot, he identified himself as a law enforcement officer 2/ and ordered Barken and his companion to stop, turn around and face him with their hands up. The pair stopped, but they did not comply with Respondent's other directives, even after these directives had been given several times. Believing that it would be prudent to do so, Respondent took a shotgun with him as he exited the vehicle and initially held it in a port-arms position in an effort to gain control of the situation. Ultimately, Respondent did gain control of the situation. When Lieutenant Hobbie arrived on the scene, Barken and his companion were laying face down on the pavement and Respondent was pointing a shotgun in their direction. 3/ Following Hobbie's arrival, Respondent placed the shotgun back in his vehicle and Barken and his companion were taken into custody. On or sometime between April 16, 1990, and April 20, 1990, while seated at his desk in the office he shared with Lieutenant Hobbie, Respondent jokingly pointed his revolver out the open doorway of the office and in the direction of a reception area. As he did so, he commented to Hobbie, who was in the office with him, "Wonder what he would do if he would, you know, look up and see me pointing this gun at him." From where he was situated, Hobbie was unable to see the person to whom Respondent was referring. After making this comment, Respondent put the gun back in his holster. At around lunchtime, on or sometime between April 16, 1990, and April 20, 1990, Respondent walked into Lieutenant Sharpe's office and the two began to engage in a friendly conversation. Their discussion centered upon their plans for lunch. During the conversation, Respondent was standing immediately in front of the desk at which Sharpe was seated. At some point in their discussion, Respondent decided that he needed to tuck his shirt in his pants. Before loosening his pants, he unholstered his service revolver and laid the revolver on Sharpe's desk. As Respondent placed the revolver on the desk, he carelessly pointed the barrel of the gun in Sharpe's direction and pulled the hammer partially back. Sharpe reacted by quickly changing his position to avoid being in the line of fire in the event the revolver discharged. Respondent saw Sharpe's reaction. He immediately removed the revolver from the desk and placed it back in his holster without bothering to tuck in his shirt. Although concerned about this incident, Lieutenant Sharpe did not discuss his concerns with Respondent; 4/ however, he did report the incident shortly after it had occurred to Randy Snow, who was his, as well as Respondent's, immediate supervisor. 5/ On April 25, 1990, Respondent and Lieutenants Hobbie, Sharpe and Glass were standing in close proximity to one another in the secretarial area of Troop "E" headquarters and engaged in informal and friendly conversation when Respondent, in response to a remark make by Hobbie and in an effort to be humorous, removed his service revolver from his holster, pointed it at Hobbie's head and pulled the hammer partially back. Hobbie turned his head to the side and ducked. Glass threw his hands up and exclaimed, "That's loaded," in response to which Respondent stated, "I know it is." Respondent then put the revolver back in his holster. At the time of this April 25, 1990, incident, an internal investigation of Respondent's conduct was already underway. During the course of the investigation, Respondent, who had not yet completed his probationary period as a lieutenant, was returned to the rank of sergeant and placed on "administrative duty." Following the conclusion of the investigation, Respondent was dismissed by the FHP on the ground that he was unfit for duty. The FHP subsequently determined that it did not have just cause to dismiss Respondent for fitness deficiencies. Accordingly, pursuant to a settlement agreement with Respondent, it rescinded Respondent's dismissal and instead suspended Respondent for ten days without pay for the improper display of a weapon. In accordance with the terms of the settlement agreement, Respondent successfully participated in the FHP's Employee Assistance Program. He also took a firearms retraining course, which he also successfully completed. Since Respondent's return to work, his overall work performance has been rated as exceeding performance standards and he has received a letter of commendation from his supervisor. There have not been any reoccurrences of the improper conduct for which he was suspended. Apparently, he has mended his ways. He is today considered to be an effective, hard working and honest law enforcement officer who is an asset to the FHP.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order (1) finding Respondent guilty of having failed to maintain "good moral character," in violation of Section 943.1395, Florida Statutes, by virtue of his having engaged in the conduct described in Findings of Fact 10, 18, 19 and 21 of this Recommended Order, and (2) issuing him a written reprimand and placing him on probation for a period of two years, during which time he shall be required to undergo firearms training and meet any other terms and conditions deemed appropriate by the Commission. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 27th day of April, 1993. STUART M. LERNER 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 27th day of April, 1993.
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.
The Issue Whether Respondent committed the violations alleged in the Administrative Complaint, as amended at hearing, and if so, what penalty should be imposed.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: Respondent is a 46-year-old man who holds the following Florida insurance licenses: a 2-16 life agent license (with an original issue date of July 25, 1987); a 2-18 life and health agent license (with an original license date of July 25, 1987); and a 2-20 general lines property and casualty agent license (with an original issue date of October 2, 1986). At no time during the period that he has held these licenses has he ever been disciplined by the Department or its predecessor. For the past 20 years, Respondent has worked as an agent for State Farm. On or about November 3, 2006, a criminal information was filed against Respondent in Palm Beach County (Florida) Circuit Court Case No. 06-CF013354AMB. The information alleged that Respondent, "on or between September 22, 2006, and October 8, 2006, . . . did willfully, maliciously, and repeatedly follow, harass or cyberstalk AIMEE NADELHOFFER and did make a credible threat, with the intent to place AIMEE NADELHOFFER or AIMEE NADELHOFFER'S child, sibling, spouse, parent or dependent in reasonable fear of death or bodily injury, contrary to Florida Statute 784.048(3) [Florida Statutes]." Aimee Nadelhoffer, the person named as the alleged victim in the information, is Respondent's former wife. She and Respondent are the parents of a three-year-old child for whom Respondent is paying child support. On November 30, 2006, pursuant to a plea agreement, Respondent (who had no previous criminal record) pled guilty to the crime alleged in the criminal information filed against him. At the time he entered into the plea agreement, Respondent was in jail awaiting trial and concerned that he would "lose [his] State Farm agency" if he remained incarcerated until his trial was held. Adjudication of guilt was withheld,1 and Respondent was placed on probation for three years, with conditions that included: not "associat[ing], communicat[ing], or hav[ing] any contact [except for contact by e-mail in reference to child custody issues] with [the] victim," Aimee Nadelhoffer, who had suffered substantial emotional distress as a result of Respondent's admitted2 criminal wrongdoing,3 nor "com[ing] within 200 f[eet]t of her residence or place of employment"; undergoing a "psychological evaluation" and completing any "recommended treatment"; and submitting to random drug testing at his own expense. It was furthered ordered that Respondent could "request early termination of probation after 2 years if [he] successfully complete[d] all conditions and [there were] no violations." In computing Respondent's "lowest permissible sentence" pursuant to Section 921.0024, Florida Statutes,4 the sentencing judge assessed no additional points in any of the following categories set forth on the Criminal Punishment Code Worksheet: "additional offenses," "victim injury," "prior record," "legal status violation," "community sanction violation," "firearm/semi-automatic or machine gun," "prior serious felony," and "enhancements." For his commission of the "primary offense" he was assessed 36 points.5 On September 19, 2007, in accordance with a request made by Aimee Nadelhoffer, the conditions of Respondent's probation were "modified to provide [that Respondent] may have 'No Violent Contact' [as opposed to no contact of any kind] with Aimee Nadelhoffer." Respondent presently has contact with Aimee Nadelhoffer, dealing with her cooperatively concerning "issues associated with [child] visitation and the like." Since the entry of his guilty plea, Respondent has not spent any time in jail. Respondent is still on probation. No proceedings have been brought seeking to revoke his probation. In November 2006, two other criminal informations were filed against Respondent. One was filed in Palm Beach County Court on November 7, 2006, and charged, in its two counts, that Respondent, on October 19, 2006, did: "willfully, after having been served with an Injunction for Protection Against Domestic Violence issued pursuant to section 714.30 . . . , knowingly and intentionally come within 100 feet of AIMEE NADELHOFFER's motor vehicle, contrary to Florida Statute 741.31(4)(a)6." (Count 1); and "leav[e] the scene of a crash involving damage, in violation of Section 316.061, Florida Statutes" (Count 2). The other criminal information was filed in Palm Beach County Court on November 17, 2006, and charged Respondent with two counts of violating an injunction for protection (of Aimee Nadelhoffer) against domestic violence, in violation of Section 741.31(4)(a)5., Florida Statutes.6 After the Department learned of Respondent's guilty plea in Palm Beach County (Florida) Circuit Court Case No. 06- CF013354AMB, it filed the two-count Administrative Complaint against Respondent described in the Preliminary Statement of this Recommended Order. At Respondent's request, the matter was subsequently referred to DOAH for hearing. During the discovery phase of the proceeding, Respondent, through his attorney, took the deposition of Kathy Spencer, whom the Department had designated under Fla. R. Civ. P. 1.310 as its representative for purposes of "explain[ing] the Department's decision as to what disciplinary action should be imposed on [Respondent] for the charges set forth in the Administrative Complaint [in this case]." In her deposition testimony, Ms. Spencer clarified what the Department had stated in the Administrative Complaint regarding the disciplinary action it intended to take against Respondent. She testified that the Department was seeking to impose a three-month suspension for the violations alleged in Count I and an additional three-month suspension for the wrongdoing alleged in Count II. She further testified that, with respect to Count I, it was the Department's position that the crime to which Respondent had pled guilty in Palm Beach County (Florida) Circuit Court Case No. 06-CF013354AMB was a "felony involving moral turpitude."7
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department issue a Final Order finding Respondent guilty of the violations alleged in Count I of the Administrative Complaint and suspending his licenses for three months for committing these violations. DONE AND ENTERED this 4th day of February, 2008, in Tallahassee, Leon County, Florida. S STUART M. LERNER 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 4th day of February, 2008.
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
The Issue As to DOAH Case No. 90-3698: Whether Howell Vinson Peavy's insurance licenses should be disciplined for violations of Sections 626.611(7) and (14) and 626.621(8) F.S., and As to DOAH Case No. 90-6615: Whether Howell Vinson Peavy should be licensed to represent Bankers and Shippers Insurance Company as a general lines insurance agent.
Findings Of Fact Mr. Peavy is currently licensed and eligible for licensure and appointment in Florida as a life and health and general lines agent. Mr. Peavy began work at the Citizens (formerly Ellis) Bank of Bunnell, Florida in 1952. A director of that bank owned an insurance agency in town. In 1964, the owner of the bank, Mr. Creal; his mother; the bank attorney; and Mr. Peavy bought the insurance agency. Mr. Peavy continued to work at the Citizens Bank in the mornings and at the insurance agency in the afternoons and evenings. Mr. Peavy has been licensed by the Department of Insurance since purchasing the agency in 1964 and has had no previous disciplinary complaints against his insurance license(s) in the ensuing 26 years. Approximately ten years ago, in 1980, during a stressful and transitional period of the Citizens Bank operation, a customer came into Mr. Peavy's office at the bank and sought to pay in excess of $10,000 in cash in connection with a land transaction. Mr. Peavy received the money and turned it over to a bank secretary to make the deposit. The secretary subsequently put the money in the bank's loan department cash drawer instead of taking it to the head teller, who was the bank employee responsible for filing the Currency Transaction Report required by the federal Internal Revenue Service for such cash transactions. Mr. Peavy did not initially know that a Currency Transaction Report had not been filed. Indeed, he had never personally filled out or filed such a report before, and doing so was not normally his responsibility. Mr. Peavy received no personal gain from the failure to file the report. On July 13, 1985, approximately five years after Mr. Peavy's failure to file the Currency Transaction Report and five years before the instant state disciplinary charges were filed, a seven-count indictment was filed against Mr. Peavy in U.S. District Court in and for the Middle District of Florida, Case No. 85-99CR-JAX-12. Approximately five years ago, on October 4, 1985, Mr. Peavy entered a plea of guilty to one count of violating Title 18, USC Sections 1001 and 1002 in that he knowingly and willfully concealed and covered up and caused to be concealed or covered up, material facts within the jurisdiction of the Department of the Treasurer of the United States to wit: knowingly and willfully failing to file a Currency Transaction Report for a transaction in excess of $10,000. It appears that a total of $50,000 cash somehow wound up in an escrow account at the bank, but there is no evidence or admission to show that either Mr. Peavy or the bank realized any profit or benefit from the transaction. The transaction also was unconnected to Mr. Peavy's insurance business. Mr. Peavy's federal guilty plea was accepted, and on December 4, 1985, he was adjudicated and convicted of the named felony. U.S. District Court Judge Howell Melton imposed a $5,000 fine and placed Mr. Peavy on three years' probation. Prior to entering his guilty plea, Mr. Peavy had executed a "Stipulated Factual Basis for the Plea of Guilty to Count One of the Indictment." This document was not offered in evidence at formal hearing, but upon Mr. Peavy's testimony, it is found that he had the opportunity to review and sign this document before entering his guilty plea and knew that it confirmed his willful failure to file the Currency Transaction Report and that his willful failure to file the Currency Transaction Report was for the purpose of concealing the $50,000 cash transaction from the Internal Revenue Service. At formal hearing, Mr. Peavy elaborated on his reasons for entering his plea of guilty in 1985 as being, in part, due to monetary reasons; his lawyer had advised him of the difference in cost of going to court and fighting the charges contained in seven counts as compared to working out a plea agreement to one count. There is no dispute that Mr. Peavy pleaded guilty and was convicted of a felony punishable by imprisonment of one year or more under the law of the United States of America. However, at the time Mr. Peavy entered his plea, Florida's insurance disciplinary statutes did not specifically address federal felonies. The material state statutes in effect at the time of Peavy's failure to file, at the time of his plea, and at the time of his conviction read: 626.611 Grounds for compulsory refusal, suspension, or revocation of agent's, solicitor's, or adjuster's license or service representative's, supervising or managing general agent's, or claims investigator's permit.--The department shall deny, suspend, revoke, or refuse to renew or continue the license of any agent, solicitor, or adjuster or the permit of any service representative, supervising, or managing general agent, or claims investigator, and it shall suspend or revoke the eligibility to hold a license or permit of any such person, if it finds that as to the applicant, licensee, or permittee any one or more of the applicable grounds exist: * * * (14) Having been found guilty or, or having pleaded guilty or nolo contendere to, a felony in this state or any other state which involves moral turpitude, without regard to whether a judgement of conviction has been entered by the court having jurisdiction of such cases. * * * 626.621 Grounds for discretionary refusal, suspension or revocation of agent's, solicitors, or adjuster's license or service representatives, supervising or managing general agent's, or claims investigator's permit.--The department may, in its discretion, deny, suspend, revoke, or refuse to renew or continue the license of any agent, solicitor, or adjuster or the permit of any service agent, solicitor, or adjuster or the permit of any service representative, supervising or managing general agent or claims investigator, and it may suspend or revoke the eligibility to hold a license or permit of any such person, if it finds that as to the applicant, licensee, or permittee any one or more of the following applicable grounds exist under circumstances for which such denial, suspension, revocation, or refusal is not mandatory under Section 626.611: * * * (8) Having been found guilty of, or having pleaded guilty or nolo contendere to a felony in this state or any other state, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases. Mr. Peavy paid his fine, successfully completed his probation, and was granted restoration of his civil rights on January 13, 1989, pursuant to Article IV, Section 8, Constitution of the State of Florida. Robert Gayle Mercer is a Florida-licensed insurance agent in good standing. He was tendered and accepted over objection as an expert in the business of insurance. Mr. Mercer also has served for many years as a director of a state bank located in Kissimmeee, Florida. The bank of which Mr. Mercer is a director is substantially similar in all respects to the bank in Bunnell, Florida, where Mr. Peavy's legal difficulties arose. As a bank director, Mr. Mercer is familiar with the necessity that banks file Currency Transaction Reports. It was Mr. Mercer's expert professional opinion, rendered within his education, training, and experience as an insurance agent, that the failure to file a Currency Transaction Report is not directly related to the business of insurance and that such failure has not rendered Mr. Peavy unfit or untrustworthy to engage in the business of insurance. In assessing the weight and credibility to be assigned to Mr. Mercer's expert opinion, the undersigned is not unmindful that at some point in time the witness Mercer, and the accused, Peavy, practiced the insurance business together, but due to the lapse of time and the removal of Mr. Mercer from the immediate geographical community wherein Mr. Peavy resides and practices, Mr. Mercer's testimony is found to be credible in all respects. The agency offered no expert testimony/evidence to refute Mr. Mercer's opinion. Mr. Peavy was held in the highest esteem by business, professional, and community service colleagues at the time the federal charges arose, plea was entered, and conviction adjudged. At that time, Mr. Peavy attempted to resign as a member of the Flagler County Chamber of Commerce; his colleagues, knowledgable of the federal charges, refused to accept his resignation. Many prominent community leaders knowledgeable of the nature of the federal charges also wrote to Judge Melton extolling Mr. Peavy's virtues and urging that he be placed on probation. Mr. Peavy has lived in Bunnell, Florida, since 1939, except for a short period of military service. During the whole of that time, he has been a community leader and volunteer, serving at various times on the City Commission, the County School Board, the County Chamber of Commerce, and as a Governor- appointed member of the County Housing Authority. He is active in church and in service and charity organizations, particularly as a fund raiser for the Cystic Fibrosis Foundation, the March of Dimes, and the Humane Society. Mr. Peavy's current reputation in his community is one of trust, confidence, fair dealing, and a respect for the rights of others. Upon the direct testimony of Captain C. B. Eisenbach, a retired captain of the Flagler County Sheriff's Department, and Mrs. Etta Peterson, Flagler County Supervisor of Elections, each rendered by deposition, and upon the hearsay evidence which may legitimately be characterized as "explaining or supplementing" direct evidence pursuant to Section 120.58(1) F.S., it is found that Mr. Peavy has consistently maintained and currently maintains an exemplary reputation in the community for honesty, trustworthiness, and good moral character, as well as a reputation for truth and veracity. In making the foregoing finding of fact, the undersigned has considered the somewhat vague understanding Ms. Peterson expressed with regard to the nature of Mr. Peavy's very stale federal crime/conviction but does not find that her vagueness on that legal concept detracts from the credibility or significance of her testimony concerning Mr. Peavy's current reputation and good character.
Recommendation Upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Insurance enter a Final Order dismissing the administrative complaint in Case No. 90-3698 and granting Peavy a license to as a general lines agent for Bankers and Shippers Insurance in Case No. 90-6615. DONE and ENTERED this 4th day of February, 1991 at Tallahassee, Florida. ELLA JANE P. DAVIS, 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 4th day of February, 1991. APPENDIX TO RECOMMENDED ORDER The following constitute specific rulings pursuant to Section 120.59(2) F.S. upon the parties' respective proposed findings of fact (PFOF): Department of Insurance PFOF: 1, 2, 3, and 4 are all accepted. Peavy's PFOF: 1-5, 7-10, and 12 are accepted and adopted with minor modifications to better express the record as a whole and to eliminate legal conclusions. 6, and 11 are rejected as subordinate or unnecessary to the facts as found; admissible and reliable hearsay has been assessed within the RO. COPIES FURNISHED: Albert J. Datz, Esquire Datz, Jacobson and Lembcke Suite 2902 Independent Square Jacksonville, Florida 32202 W. Douglas Hall, Esquire R. Vincent Russo, Esquire Cynthia S. Tunnicliff, Esquire Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. Post Office Drawer 190 Tallahassee, Florida 32302 John C. Jordan, Esquire Division of Legal Services 412 Larson Building Tallahassee, Florida 32399-0300 Tom Gallagher State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, FL 32399-0300
The Issue Whether Respondent's licenses as a health insurance agent, a life and health insurance agent, and a life including variable annuity agent should be suspended or revoked based on the allegations set forth in the Department's Administrative Complaint.
Findings Of Fact Respondent Gary L. Koniz (Respondent) is currently licensed by the Department as a health insurance (2-40) agent, a life and health insurance (2-18) agent, and a life including variable annuity (2-14) agent. On August 17, 1988, Respondent plead guilty to operating a vehicle while under the influence of alcohol (DUI), a felony, in the County Court in and for Ulster County, New York, Case No. 88-57. Respondent was sentenced to five years' probation, license revocation, and payment of a fine. On or about September 30, 2000, Respondent submitted an application to the Department for licensure as health agent, a life and health agent, and a life including variable annuity agent, on which he was asked the following two questions: Have you ever been convicted, found guilty, or pleaded guilty or nolo contendere 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 to a crime punishable by imprisonment of one year or more under the laws of any municipality, county, state, territory, or country, whether or not adjudication was withheld or a judgment of conviction was entered? Respondent answered each of the aforementioned questions, "no." On the application dated September 30, 2000, Respondent signed and swore to the statement that read: Under penalty of perjury, I declare that I have read the foregoing application for licensure, 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 Code and may result in the denial of my application and/or the revocation of my insurance license. Respondent testified at hearing. Respondent made a court appearance at which he entered a plea as part of a plea bargain to a misdemeanor. He did not comply with one of the conditions and the matter was called back up before the court. At this second hearing, the court asked how he plead. Respondent indicated he had already plead. The court took this response as a plea to the DUI felony and imposed the aforementioned penalties. Respondent did not knowingly answer the questions on the application for licensure incorrectly.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Department of Insurance enter a final order finding Respondent Gary L. Koniz guilty of violating Sections 626.611 and 626.621, Florida Statutes, and suspending his licensure as a health insurance agent, a life and health insurance agent, and a life including variable annuity agent for a period of up to 18 months. DONE AND ENTERED this 23rd day of April, 2002, 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 23rd day of April, 2002. COPIES FURNISHED: Gary L. Koniz 9480 Princeton Square Boulevard, South Apartment 815 Jacksonville, Florida 32256 Matthew A. Nowels, Esquire Department of Insurance 612 Larson Building 200 East Gaines Street Tallahassee, Florida 32399-0333 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, Lower Level 26 Tallahassee, Florida 32399-0307
