STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SAMUEL L. GRANT, )

)

Petitioner, )

)

vs. ) CASE NO. 81-2695

) STATE OF FLORIDA, DEPARTMENT ) OF HEALTH AND REHABILITATIVE ) SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on December 1, 1981, in West Palm Beach, Florida.

APPEARANCES

For Petitioner: Samuel L. Grant, pro se

c/o Florida School for Boys Route 7, Box 250

Okeechobee, Florida 33472

For Respondent: K. C. Collette, Esquire

Department of Health and Rehabilitative Services

111 Georgia Avenue, Third Floor West Palm Beach, Florida 33401

ISSUE

Whether Petitioner's furlough should be revoked based on his failure to comply with the terms of the furlough agreement which he executed on April 6, 1981.

Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found.

FINDINGS OF FACT

1. Petitioner, Samuel Grant, is a seventeen (17) year-old male who was furloughed to the Department of Health and Rehabilitative Services, Youth Services Division, on April 14, 1981. At that time he agreed to abide by a furlough agreement which required, inter alia, that he (1) obey all laws; (2) not change or leave his residence, employment, or school, or leave the county without the consent of his counselor or other authorized HRS representatives;

   (3) that he keep in contact with his counselor and (4) that all instructions of

   his counselor be carried out. Additionally, he agreed to abide by a 9:00 P.M. curfew on week days and an 11:30 P.M. curfew on weekends; attend community mental health for counseling; attend school or find gainful employment and make weekly contact with his counselor on Wednesdays of each week. (Petitioner's Exhibit 2.)

   
   

2. On September 8, 1981, the Youth Services Division revoked Petitioner's furlough agreement based on the following facts: (1) Petitioner failed to obey laws and he gambled for his income; (2) failed to follow instructions of his parents and counselor; (3) continuously violated his curfew and (4) failed to attend school or maintain employment. (Petitioner's Exhibits 1 and 3, and Testimony of Jesse Morris, Petitioner's counselor while furloughed at the Belle Glade Youth Center.)

   
   

3. The evidence herein also reveals that Petitioner was expelled from school because he possessed marijuana and his mother testified herein that he violated his curfew on numerous occasions. Petitioner's mother indicated that he spent nights away from home on a number of occasions and that he was afforded an opportunity to work with his father, a contractor, who extended a job offer to Petitioner. Petitioner has repeatedly run afoul of criminal laws from December, 1978, through October, 1980, including, but not limited to: (1) unauthorized use of a motor vehicle; (2) malicious mischief; (3) resisting arrest with violence; (4) possession of burglary tools, night prowling, and (5) burglary and grand larceny.

   
   

4. Petitioner does not dispute the above findings; offered that he felt that he was not breaking the law and that he did not consider that it was "right" for him to attend school. He offered no explanation as to his failure to accept the offer of employment extended by his father.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

6. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

7. The authority of the Respondent is derived from Chapter 959.021, Florida Statutes, and rules of the Department of Health and Rehabilitative Services.

   
   

8. Competent and substantial evidence was offered to establish that Petitioner failed to abide by the furlough agreement he agreed to comply with on April 6, 1981. As such, Respondent properly revoked his furlough agreement in accordance with Chapter 959.021(3), Florida Statutes, and implementing rules promulgated by the Department of Health and Rehabilitative Services.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby

RECOMMENDED that Respondent's Order of September 8, 1981, revoking Petitioner's furlough, and ordering him to be reassigned to another program or facility as soon as practical, be SUSTAINED.

RECOMMENDED this 1st day of February, 1982, in Tallahassee, Florida.

JAMES E. BRADWELL, 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 February, 1982.

COPIES FURNISHED:

Samuel L. Grant

c/o Florida School for Boys Route 7, Box 250

Okeechobee, Florida 33472

K. C. Collette, Esquire Department of HRS

111 Georgia Avenue Third Floor

West Palm Beach, Florida 33401

Docket for Case No: 81-002695

Orders for Case No: 81-002695