Findings Of Fact On March 28, 1990, Petitioner filed an application with Respondent for a Class "D" and "G" Watchman, Guard, or Patrolman, Statewide Gun Permit. On May 24, 1990, Respondent, through Marilyn D. Thompson, denied the application based on the provisions of Section 493.319, Florida Statutes. On July 24, 1989, Petitioner entered pleas of nolo contendere of the following charges in a proceeding brought against him in the Circuit Court in and for Dade County, Florida: Battery On A Law Enforcement Officer; Tampering With Or Fabricating Physical Evidence; and Resisting An Officer Without Violence To His Person. Adjudication of guilt was withheld by the court and he was sentenced to time served with statutory costs being imposed. Petitioner's application did not reflect having entered the nolo contendere pleas to these charges. Petitioner did not appear at the formal hearing to present any evidence in support of his application.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is recommended that a final order be entered which denies the subject application for licensure. RECOMMENDED this 19th day of October, 1990, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 904/488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of October, 1990. COPIES FURNISHED: Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse General Counsel Department of State The Capitol, LL-10 Tallahassee, Florida 32399-0250 Mr. George Negron 1311 Sharazad Boulevard Opa Locka, Florida 33054 Henri C. Cawthon, Esquire Department of State Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250
Findings Of Fact By Exhibit 4, the Respondent, on April 4, 1972, was found guilty of urging and uttering a check, unlawful possession of a counterfeit operator's license, and grand larceny. Adjudication of guilt was withheld. By Exhibit 3, Respondent on June 27, 1975 was found guilty of conspiracy to commit a felony, to wit: obtain Schedule II controlled substances by fraud and misrepresentation, and forgery.
The Issue Whether Petitioner's application for licensure as a "resident public all lines insurance adjuster" should be approved.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: On or about February 27, 1989, a six-count criminal information was filed in Dade County Circuit Court Case No. 89- 4970 against Petitioner. Count I of the information alleged that Petitioner: on the 6th day of February, 1989, in the County [of Dade] and State [of Florida], did unlawfully and feloniously utter and publish as true to and upon DALLY SHUAIB and/or CAMPEAU CORPORATION, doing business as BURDINES, a certain false, forged or counterfeited and printed order or receipt for delivery or merchandise commonly known as a CREDIT CARD RECEIPT or RECORD OF CHARGE, upon which credit card receipt or record of charge the defendant or a person whose name or identity is to the State Attorney unknown, did forge the signature of MICHAEL YAMAGUCHI, thereon, with the intent thereby to injure of defraud MICHAEL YAMAGUCHI and/or DALLY SHARUIB and/or CAMPEAU CORPORATION, doing business as BURDINES or other person or persons whose name or names and identity are to the State Attorney unknown, the defendant at the said time and place well knowing that the said credit card receipt or record of charge was false and forged aforesaid, in violation of 831.02 Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida. Count II of the information alleged that Petitioner: on the 6th day of February, 1989, in the County [of Dade] and State [of Florida], did unlawfully and feloniously with intent to defraud CAMPEAU CORPORATION, doing business as BURDINES and/or MICHAEL YAMAGUCHI use for the purpose of obtaining goods, to wit: CLOTHING a credit card which he knows is stolen by representing without the consent of the card holder that he is the holder of the specified card, and such card has not in fact been issued, in violation of 817.61 Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida. Count III through VI of the information each alleged that Petitioner: on the 6th day of February, 1989, in the County [of Dade] and State [of Florida], having received a credit card, property of MICHAEL YAMAGUCHI, as owner and custodian, which he knew had been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, did then and there unlawfully retain possession of said credit card, with intent to use it, to sell it, or to transfer it to a person other than the issuer or the cardholder, in violation of 817.60 Florida Statutes, contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida. On April 17, 1989, Petitioner entered a plea of nolo contendere to all six counts of the information (1989 Plea). Adjudication of guilt was withheld, and he was placed on probation for one year. On or about March 31, 2000, a one-count criminal information was filed in Miami-Dade County Circuit Court Case No. F00-8233, alleging that Petitioner: on or about MARCH 1, 2000, in the County [of Miami-Dade] and State [of Florida], did unlawfully, willfully, and knowingly inflict physical injury upon a child, to wit: A. C. (A MINOR), without causing great bodily harm, permanent disability, or permanent disfigurement to said child, by SLAPPING C. (A MINOR) IN THE FACE, in violation of s. 827.03(1), Fla. Stat., contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Florida. On July 17, 2000, Petitioner entered a plea of nolo contendere to the charge (2000 Plea). Adjudication of guilt was withheld, and he was placed on 18 months' probation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department issue a final order denying Petitioner's application for licensure. DONE AND ENTERED this 25th day of April, 2006, 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 25th day of April, 2006. COPIES FURNISHED: Michael Armin Toro 490 Southwest 101st Terrace Plantation, Florida 33324 Dean Andrews, Esquire Department of Insurance Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0333 Honorable Tom Gallagher Chief Financial Officer The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Carlos G. Muniz, General Counsel Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300
Findings Of Fact Respondent Domingo Fortunato Galvan is a registered nurse in the State of Florida having been issued license number 71608-2. On or about February 28, 1981, Respondent was found guilty in the United States District Court for the Southern District of Florida of conspiracy to distribute and possess a controlled substance and of possession with intent to distribute a controlled substance. That conviction is still on appeal. No evidence was presented by Petitioner with respect to the Respondent's ability to practice as a nurse. Rather, Respondent's evidence indicates that Respondent is a good nurse.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore RECOMMENDED that a final order be entered finding Respondent Domingo Fortunato Galvan guilty of violating Section 464.018(1),(g), Florida Statutes (1979), as charged in the Administrative Complaint and suspending Respondent's license number 71608-2 until the mandate is issued in the appeal of his criminal conviction. If the Respondent's conviction is reversed, his license should be reinstated automatically. If the Respondent's conviction is sustained, he should remain suspended until he appears before the Board of Nursing and demonstrates by clear and convincing evidence that he is then and there capable of practicing nursing in accordance with the laws of the State of Florida. If and when the Respondent's license is reinstated, the Board may, at its discretion, place the Respondent on probation with reasonable terms and conditions for a period of up to two years. DONE and RECOMMENDED this 1st day of December, 1982, in Tallahassee, Leon County, Florida. LINDA M. RIGOT, 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 1st day of December, 1982. COPIES FURNISHED: Julia Forrester, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 W. Ted Ernst, Jr., Esquire 509 Whitehead Street Key West, Florida 33040 Samuel R. Shorstein, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Helen P. Keefe, Executive Director Board of Nursing 111 Coastline Drive, East Suite 504 Jacksonville, Florida 32202
The Issue The issue is whether Respondent's license as a real estate salesperson should be disciplined for the reasons given in the Administrative Complaint filed on May 20, 1998.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: In this disciplinary action, Petitioner, Department of Business and Professional Regulation, Division of Real Estate (Division), seeks to impose penal sanctions on the license of Respondent, Howard Sarven Williams, a licensed real estate salesperson, on the ground that he failed to disclose that he had pled guilty to a crime when he filed his application for licensure in September 1994. In his Election of Rights Form filed with the Division, Respondent disputed this allegation, contended that his incorrect response "was done with the mistaken belief that it could be answered that way," and requested a formal hearing. Respondent is subject to the regulatory jurisdiction of the Division, having been issued license no. SL 0617682 by the Division in late 1994. The license remained inactive from January 1, 1995, until February 8, 1995; on that date, Respondent became an active salesperson with J.A.S. Coastal Realty, Inc. in Destin, Florida, until June 20, 1998. Between then and December 1998, he had no employing broker. Whether he is currently employed as a realtor is not of record. It is undisputed that on November 9, 1994, Respondent pled no contest to 12 counts of keeping a gambling house, a felony of the third degree. The offenses related to the illicit placement by Respondent (and two other individuals now deceased) of video gambling machines in approximately 10 VFW clubs and American Legion posts in Northwest Florida. On November 10, 1994, the court withheld adjudication of guilt; it placed Respondent on 10 years' supervised probation; and it ordered him to pay a fine and investigative costs totaling in excess of $25,000.00. Respondent was arrested in late 1993. On September 23, 1994, or before he entered his plea of no contest, Respondent completed and filed with the Division an application for licensure as a real estate salesperson. Question 9 on the application asks in part the following: 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? At the time the application was filled out, Respondent had not yet entered his plea of no contest. Therefore, he properly answered the foregoing question in the negative. Although Respondent was statutorily required to notify the Commission in writing of this matter within 30 days after entering his plea, he has not been charged with violating that statute. The record does not reveal how the Division learned that Respondent had pled no contest to the charges. In any event, in March 1998, or more than three years later, a Division investigator interviewed Respondent who readily admitted that he had pled no contest to the charges, that he was still on probation, and that he was making monthly payments on the substantial fine imposed in 1994. The issuance of the Administrative Complaint followed. Although the evidence does not support the charge, as narrowly drawn in the Administrative Complaint, it should be noted that Respondent says he mistakenly assumed (without the advice of counsel) that because he had pled no contest and adjudication of guilt was withheld, he had not been convicted of a crime. Thus, he believed that his record was clean. At the same time, the plea is a matter of public record, and Respondent did not intend to make a fraudulent statement in order to secure his license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Real Estate Commission enter a final order dismissing the Administrative Complaint, with prejudice. DONE AND ENTERED this 23rd day of November, 1999, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 November, 1999. COPIES FURNISHED: Herbert S. Fecker, Director Division of Real Estate Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 Laura McCarthy, Esquire Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 Drew S. Pinkerton, Esquire Post Office Box 2379 Fort Walton Beach, Florida 32549-2379 Barbara D. Auger, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Based upon the oral and documentary evidence adduced at the Final Hearing and the entire record in this proceeding, the following findings of fact are made: On March 3, 1994 Petitioner submitted to the Department an application for licensure as a Limited Surety Agent (Bail Bondsman). In a Denial Letter dated July 20, 1994, the Department notified Petitioner that his application for licensure was denied. The basis for the Department's denial of Petitioner's application was Petitioner's past felony convictions. The evidence established that on or about December 4, 1980, Petitioner was charged in the Circuit Court for the Twelfth Judicial Circuit of Florida, Case Number 80-105 (the "First State Case"), with trafficking in illegal drugs and the use of a firearm during the commission of a felony in violation of Sections 893.135 and 790.07, Florida Statutes. On June 5, 1981, Petitioner pled no contest in the First State Case to trafficking in excess of two thousand (2,000) pounds, but less than ten thousand (10,000) pounds of cannabis. Petitioner was fined and placed on probation for ten (10) years. On or about June 14, 1981, Petitioner was charged in the United States District Court, Southern District of Florida, Case Numbers 83-6033-CR-EPS and 83-6038-CR-NCR (the "Federal Cases"), with five felony counts of possession with intent to distribute illegal drugs and conspiracy to import illegal drugs into the United States of America, in violation of Title 21, Sections 841(a)(1), 846, 952(a), 960(a), 963, and 843(b), United States Code. On or about November 5, 1981, Petitioner was charged in the Circuit Court for the Twentieth Judicial Circuit of Florida, Case Number 81-1191 CFG (the "Second State Case") with violation of the Florida Racketeer Influence and Corrupt Organization Act ("RICO"), Section 943.462, Florida Statutes. Although the exact timing is not clear, at some point after his arrest, Petitioner began cooperating with authorities which led to plea bargains and a sentence which did not include any jail time. On April 4, 1984, Petitioner pled guilty to one count in each of the Federal Cases to attempt and conspiracy to import marijuana and methaqualaudes into the United States of America. As a result of his plea in the Federal Cases, Petitioner was fined and placed on 5 years probation. On April 6, 1984, Petitioner pled guilty in the Second State Case, was fined $7,500.00 and placed on probation for fifteen (15) years. This plea was negotiated as part of the plea in the Federal Cases. Petitioner's probation from the First State Case was terminated May 20, 1988. Petitioner's probation from the Federal Cases was terminated on April 21, 1989 and September 11, 1989. Petitioner's civil rights were restored pursuant to Executive Orders of the Office of Executive Clemency dated May 19, 1989 and May 23, 1990. It is not clear from the record if the Executive Orders constitute a "full pardon" as suggested by counsel for Petitioner at the hearing in this matter. Petitioner down plays his role in the elaborate criminal scheme that led to his arrests and convictions. He suggests that all of the charges were related to the same scheme. Insufficient evidence was presented to reach any conclusions regarding the underlying criminal activity and/or Petitioner's exact involvement. Petitioner has been very active in community affairs since his convictions. He has apparently been a good family man and claims to have rehabilitated himself. Subsequent to his conviction, Petitioner and three other investors started a bail bond business. Petitioner claims he did not play an active role in the business. However, when the Department learned of his involvement, it required Petitioner to terminate any affiliation with the company. Petitioner's wife currently owns a bail bond company. Petitioner operates a "court services" business out of the same building where his wife's bail bond business operates. No evidence was presented of any improper involvement by Petitioner in his wife's business.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Insurance and Treasurer enter a Final Order denying Petitioner's application for licensure as a Limited Surety Agent. DONE AND RECOMMENDED this 2nd day of August, 1995, in Tallahassee, Leon County, Florida. J. STEPHEN MENTON 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 2nd day of August, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-4893 Rulings on the proposed findings of fact submitted by the Petitioner: Subordinate to findings of fact 4 through 10. Subordinate to findings of fact 13. Rejected as unnecessary. Adopted in substance in findings of fact 1. Adopted in substance in findings of fact 2. Adopted in the Preliminary Statement. Rejected as vague and unnecessary. Subordinate to findings of fact 14 and 15. Subordinate to findings of fact 14 and 15. Rulings on the proposed findings of fact submitted by the Respondent: Adopted in substance in findings of fact 1. Adopted in substance in findings of fact 2. Adopted in substance in findings of fact 2 through 10. Subordinate to findings of fact 14. Rejected as argumentative and unnecessary. COPIES FURNISHED: Bill Nelson State Treasurer and Insurance Commissioner The Capitol, Plaza Level Tallahassee, FL 32399-0300 Dan Sumner Acting General Counsel Department of Insurance The Capitol, PL-11 Tallahassee, FL 32399 Julio Gutierrez, Esq. 2225 Coral Way Miami, FL 33145 Allen R. Moayad, Esq. Florida Department of Insurance and Treasurer 612 Larson Building 200 E. Gaines Street Tallahassee, FL 32399-0300
Findings Of Fact On November 22, 1989, T. L. James & Company, Inc. was convicted of conspiracy to suppress and eliminate competition. This is a public entity crime. T. L. James executed a Public Entity Crimes Affidavit on July 24, 1994. On the affidavit T. L. James disclosed the conviction. Pursuant to Section 287.133, Florida Statutes, the Department of management Services (DMS) shall investigate public entity crimes to determine if the convicted company should be placed on the convicted vendors' list. After receiving the affidavit from T. L. James, DMS conducted an investigation and discovered mitigating factors as defined and listed in Section 287.133, Florida Statutes. These factors are: payment of fines and damages totalling $600,000, cooperation with the officials criminally investigating and prosecuting the case, cooperation with DMS' investigation, instituting safeguards in the bid estimation process to prevent further irregularities, and providing full and accurate notice. All other facts stipulated to by the parties pursuant to the Joint Stipulation previously filed in this case are hereby adopted and incorporated by reference.
Findings Of Fact Petitioner Robert Friedman, who has resided in Miami, Florida since January 1973, filed an application with Respondent for registration as a real estate salesman on January 9, 1978. Question 6 of the application was answered by the Petitioner as follows: 6. Have you ever been arrested for, or charged with, the commission of an offense against the laws of any municipality, state or nation, including traffic offenses (but not parking, speeding, inspection or traffic signal violations), without regard to whether convicted, sentenced, pardoned or paroled? Yes If yes, state details including the outcome in full: Arrested in Feb. '72; charged with sale of dangerous drugs - sentenced to 6 mos. in Allenwood & 2 yrs. probation - Prior to Feb. '72, approximately 5 arrests - all dismissed. Respondent issued an Order denying the application on May 22, 1978, because Petitioner failed to disclose in his application the fact of his arrest in Dade County, Florida, on January 25, 1974, on a charge of grand larceny. The Order also noted that the February 1972 arrest disclosed by Petitioner in the application actually occurred in February, 1971. Based on the foregoing, Respondent found that Petitioner had not made it affirmatively appear that he met the qualifications for registration contained in Chapter 475, Florida Statutes. (Petitioner's Exhibit 6, Pleadings.) A Federal Bureau of Investigation Record showing numerous arrests of Petitioner by state and federal authorities dating from 1966, primarily on charges alleging drug offenses, was received in evidence without objection by Petitioner. Petitioner testified that the record was true. (Petitioner's Exhibit 1, Testimony of Friedman.) On January 25, 1974, Petitioner was arrested in Miami, Florida, on a charge of grand larceny in violation of Section 811.021, Florida Statutes. He was found guilty of the offense in the Dade County Circuit Court, Case No. 74- 964, on April 26, 1974, but adjudication of guilt was withheld and he was placed on probation for a period of eighteen months. (Petitioner's Exhibits 1, 3-5). Petitioner testified at the hearing and admitted his failure to list the 1974 arrest on his application to Respondent. His explanation for the omission was that the Circuit Judge had told him that he could "forget about it" because adjudication of guilt had been withheld, and his lawyer had said that it would never interfere in the future. Petitioner denied that he was attempting to deceive the Respondent in his application, but had attempted to forget the arrest and did not intentionally omit it from his application. He further testified that he had been a drug addict who had been in a methadone program of treatment until about two and one-half years ago, but that he was now leading a normal life without drugs. (Testimony of Petitioner.)
Recommendation That the application of Robert Friedman for registration as a real estate salesman be denied. DONE AND ENTERED this 7th day of November 1978 in Tallahassee, Florida. COPIES FURNISHED: S. Ralph Fetner, Jr. Staff Attorney Florida Real Estate Commission Post Office Box 1900 Orlando, Florida 32802 Robert Friedman 242 Southwest 78th Place Miami, Florida 33144 THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of November 1978.
The Issue The issue is whether Respondent attempted to obtain his license to practice medicine by fraudulent representations, in violation of Section 458.331(1)(a), Florida Statutes, or if Respondent misrepresented or concealed a material fact during any phase of a licensing or disciplinary process, in violation of Section 458.331(1)(gg), Florida Statutes. If so, an additional issue is what penalty the Board of Medicine should impose.
Findings Of Fact By application dated and acknowledged on December 27, 1993, Respondent applied for a medical license by endorsement. Respondent filed the application with the Board of Medicine on January 12, 1994. Question 6 on the application asks: Have you ever been convicted of a felony? Yes No ; a misdemeanor? Yes No . Have any judgments ever been entered against you? Yes No . Have you ever been sued for malpractice? Yes No . In response, Respondent typed X’s in the “No” boxes for the first two questions in Question 6. Immediately above the signature of Respondent and acknowledgement of the notary public, on the last page of the application, is the statement: I have carefully read the questions in the foregoing application and have answered them completely, without reservations of any kind, and I declare under penalty of perjury that my answers and all statements made by me are true and correct. Should I furnish any false information in this application, I hereby agree that such act shall constitute cause for denial, suspension or revocation of my license to practice medicine/surgery in the State of Florida. In fact, on October 24, 1988, Respondent was found guilty, after a three-day jury trial, of 12 misdemeanor counts of failure to remit a total of over $47,000 in state sales taxes due from November 20, 1985, through December 20, 1986. On December 22, 1988, the court sentenced Respondent to pay a fine of $12,000 on all 12 counts and reasonable court costs, and serve six months’ probation on each of the 12 counts, with the periods of probation to run consecutively. Respondent’s explanation for the omission from the application is that he mistakenly believed that the only misdemeanors covered by the question were those involving the practice of medicine. Respondent’s explanation for the nondisclosure is unreasonable. Nothing in the language of Question 6 limits the scope of the inquiry to misdemeanors involving the practice of medicine. The preceding question in Question 6 asks about felonies without qualification or limitation, and it is absurd to interpret this question as not asking about any felony, such as bank robbery, even though the felony did not involve the practice of medicine. For the same reason, Respondent knew that he was to have disclosed any misdemeanor, even if it did not involve the practice of medicine. Respondent’s explanation for the commission of the crimes is more plausible. Briefly, Respondent testified that he had invested about $100,000 of the total of $250,000 in the acquisition of the Philadelphia franchise of long-distance telephone provider that had emerged immediately following the breakup of AT&T in the mid 1980s. Essentially reselling AT&T long-distance services, the new company paid AT&T at wholesale for the services that it marked up and sold at retail to end users. Respondent explained that he had been an absentee owner for much of the time. Also, the AT&T billing for this new arrangement was confused and irregular. Changes in ownership preceding and following Respondent’s investment in the company further complicated the situation. A Pennsylvania revenue auditor contacted Respondent over a year after he had sold his stock in the company in 1986, gotten married, and been traveling extensively out of state. At this time, Respondent learned of the company’s sales tax problems, which involved a complicated telecommunications excise tax. Respondent’s corporate purchaser was no longer operating the company, which had become bankrupt. Respondent paid the taxes due, but the Commonwealth of Pennsylvania nevertheless prosecuted him for his role in the failure of the company to pay its taxes. After sentencing, Respondent paid the fine and served his probation without incident. He disclosed the misdemeanor convictions to the Pennsylvania agency regulating the practice of medicine and was able to continue practicing medicine there. After consideration of Respondent’s application, the Florida Board of Medicine issued Respondent license number ME 0066606.
Recommendation It is RECOMMENDED that the Board of Medicine enter a final order dismissing the Administrative Complaint against Respondent. DONE AND ENTERED this 4th day of December, 2000, in Tallahassee, Leon County, Florida. ROBERT E. MEALE 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 December, 2000. COPIES FURNISHED: Tanya Willaims, Executive Director Board of Medicine Department of Health 4052 Bald Cypress Way Bin C03 Tallahassee, Florida 32399-1701 William W. Large, General Counsel Department of Health 4052 Bald Cypress Way Bin A02 Tallahassee, Florida 32399-1701 Theodore M. Henderson, Agency Clerk Department of Health 4052 Bald Cypress Way Bin A02 Tallahassee, Florida 32399-1701 Kim M. Kluck Carol Gregg Senior Attorneys Agency for Health Care Administration Post Office Box 14229 Tallahassee, Florida 32317-4229 Christopher Grillo 1 East Broward Boulevard, Suite 700 Fort Lauderdale, Florida 33301
Findings Of Fact The Petitioner, Jack Harold Grantham, is an applicant for qualification and licensure as a limited surety agent, having filed his application there for with the Department of Insurance on or about June 7, 1982. By letter dated October 7, 1982, the Department denied Petitioner's application, citing as the reason for its denial numerous sections of the Florida Statutes. Petitioner was born on March 1, 1942. On or about October 24, 1957, when the Petitioner was 15 years of age, a court proceeding was held in the Circuit Court, Third Judicial District, in and for Suwannee County. In that proceeding, the Petitioner was charged with larceny of an automobile upon an information filed by the State Attorney. The Petitioner pled guilty and was placed upon probation for a period of five years. On June 16, 1976, the Petitioner received a full pardon for the aforementioned conviction, to include the use of firearms. On his application for licensure, the Petitioner answered negatively the question had he ever been charged or convicted of a felony and did not list the conviction of October 1957 on his application, based upon his receipt of a full pardon.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Petitioner's application for licensure as a limited surety agent be granted. DONE and RECOMMENDED this 25th day of April, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 25th day of April, 1983. COPIES FURNISHED: Young T. Tindall, Esquire 1244 South East Third Avenue Fort Lauderdale, Florida 33316 Clark R. Jennings, Esquire Department of Insurance 413-B Larson Building Tallahassee, Florida 32301 The Honorable Bill Gunter Department of Insurance The Capitol Tallahassee, Florida 32301
