STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CRIMINAL JUSTICE STANDARDS )

AND TRAINING COMMISSION, )

)

Petitioner, )

)

vs. ) Case No. 85-4275

)

ALTON L. MOORE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted in this case at Lakeland, Florida, on May 9, 1986, before Michael M. Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Joseph S. White, Esquire

Office of General Counsel Florida Department of Law

Enforcement

Post Office Box 1489 Tallahassee, Florida 32302

For Respondent: Mr. Alton L. Moore, pro se

Route 7, Box 544

Lake City, Florida 32055

Subsequent to the hearing a transcript of the proceedings at hearing was filed with the Hearing Officer on May 30, 1986.

Thereafter, the Petitioner filed timely proposed findings of fact and conclusions of law. The Respondent has not filed any proposed findings of fact or conclusions of law, or any other post-hearing written submission to the Hearing Officer. The Petitioner's proposed findings and conclusions have been carefully considered in the formulation of this Recommended. order. Specific rulings on each of the Petitioner's proposed findings are included in the Appendix which is attached to and incorporated into this Recommended Order.

ISSUES

This is a case in which, by Administrative Complaint served on Respondent on September 24, 1985, the Criminal Justice Standards and Training Commission seeks to revoke Certificate Number C-8690, which was issued to Respondent on April 10, 1981. As grounds for the proposed revocation it is asserted that Respondent lacks good moral character and is therefore in violation of Section 943.1395(5), Florida Statutes.

FINDINGS OF FACT

Based on the admissions and stipulations of the parties, on the exhibits received in evidence, and on the testimony of the witnesses at the formal hearing, I make the following findings of fact.

1. The Respondent was certified by the Criminal Justice Standards and Training Commission on April 10, 1981, and was issued Certificate Number C-8690.

   
   

2. Sometime on February 24 or 25, 1984, while the owners were away from home, the Respondent, Alton L. Moore, without the permission of the owners, broke into the home of Mr. and Mrs. Fred McElroy at the KOA Campground in Starke, Florida, and stole various items of personal property belonging to Mr. and Mrs. Fred McElroy, including cash in the amount of $600 or $700, a canvas bag, some checks and business records, and some jewelry. Alton

   L. Moore broke into the home for the purpose of stealing personal property and had no intention of returning the stolen property.

   CONCLUSIONS OF LAW

   
   

3. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.

   
   

4. Section 943.13(7), Florida Statutes, requires that all persons employed or appointed as corrections officers shall, among other things, "[h]ave a good moral character as determined by a background investigation under procedures established by the commission." Section 943.1395(5), Florida Statutes, states in pertinent part:

   
   

   The Commission shall revoke the certification of any officer who is not in compliance with the provisions of s. 943.13(1)-(10) and shall, by rule, adopt revocation-of- certification procedures pursuant to chapter 120.

5. The evidence in this case establishes that the Respondent burglarized the McElroy home on February 24 or 25, 1984, and committed a theft therein of personal property and currency of an aggregate value in excess of $100, in violation of Sections 810.02 and 812.014, Florida Statutes. These acts of the Respondent constitute a failure to maintain good moral character under Section 943.13(7), Florida Statutes. In Zemour, Inc. v. Division of Beverage, 347 So. 2d 1102 (Fla. 1st DCA 1977), the court described what is meant by "moral character" as follows:

   
   

   Moral character, as used in this statute, means not only the ability to distinguish between right and wrong, but the character to

   -observe the difference; the observance of the rules of right conduct and conduct which indicates and establishes the qualities generally acceptable to the populace for positions of trust and confidence.

   
   

   In Florida Board of Bar Examiners v. G.W.L., 364 So. 2d 454 (Fla. 1978), our Florida Supreme Court said:

   
   

   In our view, a finding of a lack of "good moral character" should not be restricted to those acts that reflect moral turpitude. A more appropriate definition of the phrase requires an inclusion of acts and conduct which would cause a reasonable man to have substantial doubts about an individual's honesty, fairness, and respect for the rights of others and for the laws of the state and nation.

   
   

6. Consideration of the applicable case law, including similar cases such as Pearl v. Florida Board of Real Estate, 394 So. 2d 189 (Fla. 3d DCA 1981), and Adams v. State Professional Practices Council, 406 So. 2d 1170 (Fla. 1st DCA 1981), leads to the conclusion that the term "good moral character," like the term "moral turpitude," must be interpreted and applied in the context of specific facts and within the context of the profession in question. Where the profession is one which requires public trust and confidence to function effectively, the consideration of what constitutes good moral character must be considered in light of what is reasonably expected of professionals holding positions of trust and confidence.

   
   

7. Correctional officers, whose duties include the supervision of criminals incarcerated in the state's prisons, are expected to obey and respect the criminal laws and set an example of proper conduct before the inmates of the prison, thereby

facilitating their rehabilitation. There can be no more basic public expectation than that those who carry out the punishment of others for violations of the law will themselves obey the law. The Respondent's misconduct evidenced a lack of good moral character and, pursuant to Section 943.1395(5), Florida Statutes, his correctional officer certification should be revoked

RECOMMENDATION

For all of the foregoing reasons, it is recommended that the Criminal Justice Standards and Training Commission issue a Final Order revoking Respondent's Certificate Number C-8690.

DONE AND ORDERED this 16 day of June 1986 in Tallahassee, Leon County, Florida.

MICHAEL M. PARRISH, 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 16th day of June 1986.

APPENDIX

The following constitute my specific rulings pursuant to Section 120.59(2), Florida Statutes (1985) on the proposed findings of fact submitted by the parties.

Rulings on Proposed Findings of Fact Submitted by Petitioner

Paragraph 1: Accepted as background and introduction information.

Paragraph 2: Accepted. Paragraphs:

3, 4, 5, 6,

7, 8, 9, 10,

11, 12, 13

and 14: Rejected as constituting unnecessary subordinate details (even though supported by competent substantial evidence). Consistent with these proposed findings, I have made the essential

finding that the Respondent committed the crimes described in these paragraphs.

Rulings on Proposed Findings of Fact Submitted by Respondent

(None were submitted.)

COPIES FURNISHED:

Daryl G. McLaughlin, Director Criminal Justice Standards

and Training Commission

Florida Department of Law Enforcement

P.O. Box 1489

Tallahassee, Florida 32302

Robert R. Dempsey, Executive Director Florida Department of

Law Enforcement

P.O. Box 1489

Tallahassee, Florida 32302

Joseph S. White, Esquire Office of General Counsel Florida Department of

Law Enforcement

P.O. Box 1489

Tallahassee, Florida 32302

Mr. Alton L. Moore Route 7, Box 544

Lake City, Florida 32055

Docket for Case No: 85-004275

Orders for Case No: 85-004275