GERALD B. NATELSON, APPELLANT,
v.
DEPARTMENT OF INSURANCE, APPELLEE
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Gerald Natelson, a licensed insurance agent, challenged the Department of Insurance's revocation of his licenses following his guilty plea to federal conspiracy charges involving drug distribution. The court affirmed the revocation, holding that conviction of criminal conspiracy to traffic in illicit drugs demonstrates lack of fitness and trustworthiness under Florida insurance law.
The court held that Natelson's conviction for criminal conspiracy to traffic in illicit drugs was a sufficient basis for finding he lacked fitness or trustworthiness under Section 626.611(7). The court affirmed the revocation of his insurance licenses, finding the Department's interpretation of the statute was well within the range of possible constructions and not clearly erroneous.
[1] An agency's interpretation of a statute it administers is afforded wide discretion and will not be overturned on appeal unless clearly erroneous.
[2] A reviewing court will defer to an agency's interpretation of a statute that falls within the range of possible interpretations.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Insurance is a business greatly affected by the public trust, and the holder of an agent's license stands in a fiduciary relationship to both the client and insurance company.”
Establishes the foundational reason why insurance agents must demonstrate fitness and trustworthiness, supporting the Department's statutory interpretation.
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Join FLexlaw to unlock all legal intelligenceNatelson, a licensed insurance agent, was indicted in federal court for conspiracy to distribute and possess methaqualone, hashish, and cannabis. He p…
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ERVIN, Chief Judge.
Appellant, Gerald Natelson, challenges the final order of Florida Department of Insurance (the department), revoking his licenses as insurance agent in opposition to the recommended order of Department of Administrative Hearings (DOAH) hearing officer. We find his argument to be without merit and AFFIRM the ruling below.
Natelson, a licensed insurance agent, was indicted in federal court for his involvement in an unconsummated conspiracy to distribute and possess with intent to distribute methaqualone, hashish, and cannabis in violation of 21 U.S.C. §§ 841(a)(1) and 846. The indictment was based on his overt acts of attending three meetings with co-conspirators. Although he admittedly knew that the planned activity was illegal, Natelson maintained that his role was merely one of introducing the conspirators and that he did not expect to profit from the conspiracy. Natelson pled guilty to the charge as it related to cannabis only and was sentenced to a term of thirty months in a federal penitentiary.
After release from prison, Natelson was charged by administrative complaint with (1) demonstrating lack of fitness or un-trustworthiness to engage in the business of insurance, Section 626.611(7), Florida Statutes; (2) having pled guilty, in this or any state, to a felony involving moral turpitude, Section 626.611(14), Florida Statutes, and (3) having pled guilty, in this or any state, to a felony, Section 626.621(8), Florida Statutes. Natelson protested the complaint and a hearing was held, resulting in an order of the DOAH hearing officer recommending dismissal of all counts of the complaint. In its final order, the department adopted the recommended order’s findings of fact, as modified by the department’s findings, rejected the hearing officer’s conclusions of law and revoked Natel-son’s licenses.
Natelson contends on appeal that his plea of guilty to conspiracy to distribute and possess with intent to distribute cannabis was an insufficient basis for the department’s finding that he has demonstrated a lack of fitness or trustworthiness to engage in the business of insurance and that his license, therefore, is not subject to the mandatory revocation sanctions of Section 626.611(7). We cannot agree.
Agencies are afforded wide discretion in the interpretation of a statute which it administers and will not be overturned on appeal unless clearly erroneous. Pan American World Airways, Inc. v. Florida Public Service Commission and Florida Power & Light Company, 427 So. 2d 716, 719 (Fla.1983).
The reviewing court will defer to any interpretation within the range of possible interpretation. Department of Health and Rehabilitative Services v. Wright, 439 So. 2d 937 (Fla. 1st DCA 1983); Department of Administration v. Nelson, 424 So. 2d 852 (Fla. 1st DCA 1982); State, Department of Health and Rehabilitative Services v. Framat Realty, Inc., 407 So. 2d 238 (Fla. 1st DCA 1981).
In the instant case, the department’s construction of the term “lack of fitness or trustworthiness to engage in business of insurance” as including the conviction of criminal conspiracy to traffic in illicit drugs is well within the range of possible constructions. Insurance is a business greatly affected by the public trust, and the holder of an agent’s license stands in a fiduciary relationship to both the client and insurance company. It is certainly possible to perceive the acts to which Natelson pled guilty as evincing untrustworthiness and unfitness to maintain such a trusted fiduciary position. We are compelled, therefore, to AFFIRM the final order revoking Natel-son’s licenses on the basis of a violation of section 626.611(7).
In so doing we need not reach the issues raised as to revocation under sections 626.611(14) and 626.621(8).
BOOTH and WENTWORTH, JJ., concur.
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Cited By (23 total)
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Werner v. State, 689 So. 2d 1211 (Fla. 1st DCA 1997)…, Fla. Stat. (1991). While it has been held that a single act or a single criminal conviction may demonstrate “lack of fitness or trustworthiness” within the meaning of section 626.611(7), Florida Statutes (1989), see Natelson v. Department of Ins., 454 So. 2d 31 (Fla. 1st DCA 1984), the statutory term “practices” used in section 626.611(9), Florida Statutes (1989), contemplates more than a solitary lapse. The “single act of misconduct” found here did not establish a violation of section 626.611(9), Florida…
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Smith v. Eilon Krugman-Kadi & Fla. Unemployment Appeals Comm'n, 547 So. 2d 677 (Fla. 1st DCA 1989)…he wide range of discretion accorded to the agency in the interpretation of the statute which it is authorized to administer; therefore, such interpretation should not be overturned unless it is clearly erroneous. Cf. Natelson v. Department of Ins., 454 So. 2d 31, 32 (Fla. 1st DCA 1984) (the Department of Insurance’s construction of the term “lack of fitness or trustworthiness to engage in business of insurance”, provided in Section 626.611(7), Florida Statutes, as including the licensee’s conviction of the…
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Fla. Dep't OF Educ. v. Cooper, 858 So. 2d 394 (Fla. 1st DCA 2003)…1997). If the agency’s interpretation is within the range of possible and reasonable interpretations, it is not clearly erroneous and should be affirmed. See Sanfiel v. Dep’t of Health, 749 So. 2d 525 (Fla. 5th DCA 1999); Natelson v. Dep’t of Ins., 454 So. 2d 31 (Fla. 1st DCA 1984). Here, the trial court’s ruling violated each of these canons. Section 228.093(2)(e), Florida Statutes (2001) (the student record provision), addressing “tests,” includes standardized achievement test scores, intelligence test s…
Previewing 3 of 23 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State Dep't of Health & Rehabilitative Servs. v. Framat Realty, Inc., 407 So. 2d 238 (Fla. 1st DCA 1981)
- PAN Am. World Airways, Inc. v. Fla. Pub. Serv. Comm'n & Fla. Power & Light Co., 427 So. 2d 716 (Fla. 1983)
- Dep't OF Admin. & Dep't of Agric. & Consumer Servs. v. Nelson, 424 So. 2d 852 (Fla. 1st DCA 1982)
- Dep't of Health & Rehabilitative Servs. v. Wright, 439 So. 2d 937 (Fla. 1st DCA 1983)