IN THE MATTER OF:
CASE NO. 94216-07-AG
JUSTIN HOWARD STAIR
Petition for Variance From subparagraph 69B-211.042(10)(a)6.
MR. JUSTIN HOWARD STAIR
(941)812-4224
COMES NOW Petitioner Justin Howard Stair, by and through his undersigned counsel, and files this Petition for Variance from subparagraph 69B-211.042(10)(a)6., F.A.C., which rule is implementing Section 626.621, et seq., Florida Statutes, as permitted under Section 120.542(2), Florida Statutes. Petitioner argues that a strict application of the Rule would produce an inequitable result without taking into account the alternative means available for safeguarding the public. In support thereof, Petitioner states as follows:
1. On or about June 1, 2007, Petitioner filed a license application with the Florida Department of Financial Services, seeking licensure as a residential customer representative agent.
2. On or about June 14, 2007, Petitioner received a letter from the Florida Department of Financial Services denying his application for lack of documentation of Petitioner’s previous criminal history and requesting a return of documents within sixty (60) calendar days of receipt of the letter.
3. Petitioner provided the requested documents to the Florida Department of Financial Services, along with a cover letter explaining his honorable discharge from the armed services due to a medical circumstances, the circumstances surrounding his arrests on criminal charges, the successful completion of his probationary requirements and the resulting early termination of his probation, the restoration of his civil rights, his current employment in the insurance field, and his desire to work as a residential customer representative agent in the insurance industry.
4. On September 20, 2007, the Florida Department of Financial Services sent Petitioner a Notice of Denial, stating that under the Rule, there would be a waiting period of nineteen (19) years before he could apply for licensure, due to his plea of guilty or no contest to past criminal charges. The Notice of Denial also stated that the Petitioner might be subject to a reduction of the waiting period under the Rule, but that he had to file a Petitioner In Support of Proceeding under Florida Statutes, Rule 28-106.201, F.A.C.
5. On or about October 15, 2007, Petitioner filed an Election of Proceeding Form requesting a telephonic hearing to review his license application before a Hearing Officer.
6. On December 11, 2007, a telephonic hearing was held before the Florida Department of Financial Services at the office of Petitioner’s counsel.
7. On December 26, 2007, Hearing Officer Donald A. Dowdell issued a Recommended Order, in which he recommended denial of the Petitioner’s license based on the mandatory provision of subsection 626.621(8), Florida Statutes, and the waiting period applied under Rule 69B-211.040, et seq, F.A.C. See attached exhibit. Petitioner was given a mitigation of four (4) years, the maximum allowed.
8. Petitioner is requesting a variance from subparagraph 69B-211.040(10)(a)6., F.A.C., because Petitioner feels the waiting period imposed by said rule creates a substantial hardship and is not necessary in this case as there are alternative means of accomplishing the goals of the licensing rules and regulations. Petitioner has studied to become a residential customer representative agent, passing all of the required courses, in anticipation of working as an agent and owning his own agency. The waiting period imposed by the Recommended Order is sixteen (16) years, and will prevent the Petitioner from applying for a license in his chosen field until the year 2018. This would, of course, create an economic hardship.
9. Petitioner was under the age of 21 at the time of the criminal offenses in 2000. Petitioner had joined the U.S. National Guard after high school in 1998, but was forced to resign after suffering an epileptic seizure. Although given an honorable discharge, this was a blow to Petitioner’s self-esteem and resulted in feelings of hopelessness and despair that led to poor choices and criminal behavior. After accepting responsibility and actively cooperating with law enforcement, Petitioner complied with all of his probationary requirements and was granted an early termination of supervision. Petitioner has been steadily employed for the past several years. Petitioner has worked in a clerical capacity for Atlantis Insurance Company for the past one and one-half years and has passed all of the courses required to become licensed as a residential customer representative agent.
10. Petitioner feels that a variance from the Rule, with certain restrictions on Petitioner’s license, would serve the underlying purpose of the statute. Petitioner’s mother, Jean McNaught, has been a licensed insurance agent for approximately forty years, owns her own insurance agency, and could actively supervise Petitioner as a residential customer representative agent. Petitioner proposes that this supervision as an alternate means to the imposition of the Rule’s sixteen (16) year waiting period for license application.
11. Petitioner is willing to accept, in the alternative, a provisional license, should the Florida Department of Financial Services be amenable. Petitioner feels this would allow his activities to be adequately monitored by the Department of Financial Services in a way that would insure compliance with both the Rules and the Statutes.
WHEREFORE, Petitioner requests that the Department of Financial Services grant his Petition for Variance from subparagraph 69B-211.042(10)(a)6., F.A.C. Petitioner request a permanent variance.
Respectfully,
JODAT LAW GROUP,P.A.
___________________________
Melanie A. Newby, Esq.
FBN: 0870481
521
(941)749-1901
Fax No. (941)751-8642
Certificate of Service
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via U.S. Mail, First Class, Postage Prepaid to: Alex Sink, Chief Financial Officer, Florida Department of Financial Services, 200 E. Gaines Street, Tallahassee, FL 32399-0319; Regina Keenan, Esq., Division of Legal Services, 612 Larson Building, Tallahassee, FL 32399-0333; Joint Administrative Review Procedures Committee, Room 120, The Holland Building, Tallahassee, FL 32399-1300; and Donald A. Dowdell, Hearing Officer, 2142 Deerfield Drives, Tallahassee, FL 32308 on this 18th day of January, 2008
____________________________
Melanie A. Newby, Esq.