STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILY SBRVICE

SYLVAN L. STAHL, JR.

Petitioner,

CASE NO. 98-1448

v. RENDITION NO. DCF-98-249-FO

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Respondent.

                           /

FINAL ORDER

THIS CAUSE is before me for entry of a Final Order.

Petitioner seeks an exempt-ion from disqualification from employment in a position of special trust with children or disabled adults, see § 435.07, Fla. Stat., so that his wife may operate a family day care home out of their residence. The Recommended Order concludes that petitioner has presented clear and convincing evidence of rehabilitation from a criminal offense which had resulted in his disqualification. No exceptions to the Recommended Order have been filed.

The Recommended Order is approved and adopted with a single caveat. In paragraph 5, the administrative law judge found that "[i]t is fair to infer that due to Petitioner's lengthy working hours, he will spend little, if any, time at his home while the children are entrusted to his wife's care." While this may be an accurate statement drawn from the evidence presented, petitioner is usual work schedule should not be a factor in determining whether to grant him an exemption from disqualification. The screening requirement of section 402.305, Florida Statutes, is designed to ensure that persons who have committed certain offenses do not have access to the children in the facility. While petitioner probably would seldom be in the facility with the children, he would still have access to the facility, which is to be in his home, at any and all times.

Nevertheless, I concur in the conclusion that petitioner has demonstrated rehabilitation from the disqualifying offense based upon the other record evidence.

Accordingly, it is ORDERED that petitioner's request for an exemption from disqualification from employment in a position of special trust with children and/or disabled adults is granted.

DONE and ORDERED this l3th day of August, 1998, in Tallahassee, Leon County, Florida.

EDWARD A. FEAVER, Secretary Department of Children and Family

Services

By:                              SAMARA B. NAVARRO, D.B.A.

Deputy Secretary

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLFRK OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND A SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

Copies furnished:

Donald R. Alexander Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-3060

Ralph J. McMurphy, Esguire District 13 Legal Office Department of Children and

Family Services

1601 West Gulf Atlantic Hwy. Wildwood, FL 34785

Pat Joiner

Background Screening Coordinator District 3 Legal Office Department of Children and

Family Services

1000 Northeast 16th Avenue Gainesville, FL 32601

Sylvan L. Stahl, Jr.

11848 Southeast 71st Avenue Road Belleview, FL 34420

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing FINAL ORDER has been sent by U. S. Mail or hand delivery to each of the above-named persons this 14th, day of August, 1998.

Gregory D. Venz Agency Clerk

Department of Children and Family Services

1317 Winewood Blvd.

Tallahassee, FL 32399-0700

(850) 488-2381

Docket for Case No: 98-001448

Orders for Case No: 98-001448