06-002371 Randall Lee Woodall, Sr. vs. Department Of Financial Services Status: Closed Recommended Order on Wednesday, October 11, 2006.

Summary: Petitioner properly denied Petitioner a license as an independent all lines insurance adjuster, based on his failure to disclose his criminal record, consisting of felonies which involved moral turpitude.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RANDALL LEE WOODALL, SR . , )

)

Petitioner , )

)

vs. ) Case No. 06 - 2371

)

DEPARTMENT OF FINANCIAL )

SERVICES , )

)

Respondent . )

)

RECOMMENDED ORDER

A formal hearing was conducted in this case on

September 14, 2006, in Milton, Florida, before Suzanne F. Hood,

Administrative Law Judge with the Division of Administrative

Hearings.

APPEARANCES

For Petitioner: Randal Lee Woodall, Sr., pro se

6300 Saragon Lane

Milton, Florida 32583

For Respondent: William G. Kitchen, Esquire

Department of Financial Services

Division of Legal Services

200 E ast Gaines Street

Tallahassee, Florida 32399 - 0333

STATEMENT OF THE ISSUE

The issue is whether Respondent properly denied

Petitioner's application for a license as a resident independent

all - lines insurance adjuster.

PRELIMINARY S TATEMENT

By letter dated June 15, 2006, Respondent Department of

Financial Services (Respondent) denied the application of

Petitioner Randall Lee Woods, Sr. (Petitioner) for a license as

a resident independent all - lines insurance adjuster. The denial

was based on allegations that Petitioner had multiple felony

convictions and that he failed to disclose his criminal record

on his application.

On or about June 23, 2006, Petitioner requested an

administrative hearing to contest the denial of his applicati on.

Respondent referred the request to the Division of

Administrative Hearings on July 5, 2006.

A Notice of Hearing dated July 17, 2006, scheduled the

hearing for September 14, 2006. During the hearing Petitioner

testified on his own behalf, but did not offer any exhibits for

admission into the record as evidence. Respondent did not

present any witnesses but offered five exhibits, which were

accepted as evidence.

A transcript of the proceeding was filed on September 19,

2006. Neither party filed pro posed findings of fact or

conclusions of law.

FINDINGS OF FACT

1. In June 2002, Petitioner was an 18 - year - old high

student. Early in the morning of June 1, 2002, Petitioner and

two friends entered three unoccupied vehicles and stole several

items, in cluding a couple of cell phones.

2. On October 9, 2002, in the Circuit Court in and for

Santa Rosa County, Florida, Case No. 02 - 518, Petitioner entered

a guilty plea to two counts of Burglary of an Unoccupied

Conveyance, each count being a third - degree felony, and Petit

Theft, a second - degree misdemeanor.

3. On October 9, 2002, in the Circuit Court in and for

Santa Rosa County, Florida, Case No. 02 - 720, Petitioner entered

a guilty plea to one count of Burglary of an Unoccupied

Conveyance, a third - deg ree felony, and Petit Theft, a second -

degree misdemeanor.

4. On November 1, 2002, the c ircuit c ourt Judge entered an

Order Withholding Adjudication of Guilt and Placing Defendant on

Probation in Circuit Court Case Nos. 02 - 518 and 02 - 720.

Petitioner wa s placed on probation for 18 months for each felony

and 12 months for each misdemeanor, to be served concurrently.

5. On or about April 14, 2004, Petitioner successfully

completed his probation.

6. From May 7, 2004, until October 5, 2004, Petitioner

attended the Pensacola School of Massage Therapy. Petitioner is

now a licensed massage therapist.

7. On February 14, 2006, Petitioner completed a class for

professional training as an accredited claims adjuster.

8. On February 15, 2006, Petitioner filed an application

for a license as a resident independent all - lines insurance

adjuster. One question on the application stated as follows:

Have you ever been convicted, found guilty,

or pled guilty or nolo contendere (no

contest) to a felony or crim e 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 of

conviction was entered? Yes/No

9. Petitioner answered the question in the negative based

on erroneous information provided to him by someone in his

probation office. An attorney subsequently advised Petitioner

that he should have answered the question affirmatively.

10. In a letter dated March 23, 2006, Petitioner adv ised

Respondent that he had incorrectly answered the question about

his criminal record. Petitioner expressed his regret that he

failed to disclose his criminal record on the application. He

also requested consideration of his professional accomplishmen ts

and clean record since 2002. According to Petitioner, he never

intended to make a false or misleading statement when he signed

his application, indicating that he did not have a criminal

record.

11. By letter dated April 14, 2006, Respondent requ ested a

written explanation, outlining the events which led to each of

the arrests/charges.

12. In a letter dated June 15, 2006, Respondent denied

Petitioner's application based on his felony convictions and his

failure to disclose his criminal record.

13. Despite his poor judgment as a young adult, which

resulted in a criminal record, Petitioner has matured into a

productive citizen. In addition to massage therapy, Petitioner

has two other business interests. He works as an interior

contractor an d invests in real estate. Additionally, he is

married and the father of a child.

CONCLUSIONS OF LAW

14. The Division of Administrative Hearings has

jurisdiction over the parties and the subject matter of this

proceeding pursuant to Sections 120.569 an d 120.57(1), Florida

Statutes (2006).

15. Petitioner has the burden of proving by a

preponderance of the evidence that Respondent improperly denied

his application for licensure as a resident independent all -

lines insurance adjuster. See Dept. of Trans portation v. J.W.C.

Company, Inc. , 396 So. 2d 778 (Fla. 1st DCA 1981).

16. Respondent must deny the applications of applicants

who make material misstatements on their applications, who

demonstrate lack of fitness or trustworthiness to engage in the

bus iness of insurance, and/or who have pled guilty to felonies

that involve moral turpitude. See §§ 626.611(2), 626.611(7),

and 626.611(14), Fla. Stat. (2005).

17. As a general rule, applicants cannot mitigate material

misstatements based on their lack of intent to misrepresent

their criminal history. See Fla. Admin. Code R. 69B -

211.042(11)(c). Under the facts of this case, it is difficult

to see how Petitioner misinterpreted the question asking about

his criminal history.

18. Respondent has determine d that felonies involving

burglary are crimes of moral turpitude. See Fla. Admin. Code R.

69B - 211.042(21)(u). Petitioner has been convicted of

burglarizing three unoccupied vehicles on the same night when he

was 18 years old.

19. Respondent has establ ished waiting periods for

applicants to become eligible for licensure after denial

pursuant to Section 626.611, Florida Statutes (2005). See §

626.207, Fla. Stat. (2005). The waiting periods and possible

factors that will shorten the waiting periods are set forth in

Florida Administrative Code Rule 69B - 211.042. Under the R ule,

it appears that Petitioner will not be eligible for licensure

until 22 years from the date he pled guilty to the felonies,

reduced by proof of each applicable mitigating factor tha t he

submits with his next application. See Fla. Admin. Code R. 69B -

211.042(10).

20. In the meantime, Petitioner has not met his burden of

proof. Respondent properly denied Petitioner's application for

licensure as a resident independent all - lines in surance

adjuster.

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.

DONE AND ENTERED this 1 1 th day of October , 2006 , in

Ta llahassee, Leon County, Florida.

S

SUZANNE F. HOOD

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 1 1 th day of October , 2006 .

COPIES FURNISHED :

William G. Kitchen, Esquire

Department of Financial Services

Division of Legal Services

200 East Gaines Street

Tallahassee, Florida 32399 - 0333

Randall Lee Woodall, Sr.

6300 Saragon Lane

Milton, Florida 32583

Honorable Tom Gallagher

Chief Financial Officer

Department of Financial Services

The Capitol, Plaza Level 11

Tallahassee, Florida 3239 9 - 0300

Carlos G. Muniz, General Counsel

Department of Financial Services

The Capitol, Plaza 11

Tallahassee, Florida 32399 - 0300

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date o f this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the final order in this case.