Division of Administrative Hearings, Florida
Filed: Jul. 18, 1995
The Petitioner asserts that the issues are whether the Petitioner was wrongly discharged from his employment by Respondent and whether Respondent is disqualified from employment pursuant to Chapter 39, Florida Statutes, by virtue of his having plead guilty to a disqualifying offense. There is no basis for Petitioner's claim that Respondent wrongly discharged Petitioner from his employment because Respondent did not employ Petitioner. Petitioner's discharge was the result of determination by Respondent that Petitioner did not meet the statutory criteria for employment by Disc Village, Inc. as a counselor pursuant to statute. There is no jurisdiction in this forum pursuant to the provisions upon which this case is brought for Petitioner to seek redress for his discharge from employment by Disc Village, Inc. The only issue considered is whether Petitioner is disqualified from employment as a youth counselor pursuant to Chapter 39, Florida Statutes, as a result of pleading guilty to criminal charges in South Carolina. There are two issues to be considered in that regard: Whether the Petitioner was convicted of a disqualifying offense, and If so, whether he has rehabilitated himself and is no longer a danger to children?Agency failed to show out of state conviction was disqualifying and petitioner showed rehabilitation and lack of danger to children.
