STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

GEORGE WILLIAMS,

Petitioner, CASE NO. 99-1823

RENDITION NO. DCF-00-017-FO

v.

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Respondent.

/

FINAL ORDER REVERSING CONCLUSION OF LAW REGARDING CLEAR AND CONVINCING EVIDENCE OF REHABILITATION

AND DENYING APPLICATION FOR EXEMPTION

THIS CAUSE is before me for entry of a Final Order. The Recommended Order concludes that the petitioner presented clear and convincing evidence of rehabilitation from two disqualifying criminal offenses. I disagree and hereby reject the Recommended Order's finding number 11, a conclusion of law which suggests that the petitioner has met the standard of proof required to show rehabilitation under Section 435.07(3), Florida Statues (1997).

In doing so, I nonetheless rely on the administrative law judge's findings of fact, which I accept even though they appear to be based on unsubstantiated hearsay regarding the advice given to the petitioner by his defense attorney when the petitioner was confronted with evidence of his crimes. According to the petitioner, as found by the administrative law judge, he pled guilty both times on "advice of counsel." As a result, the petitioner was sentenced to five years probation as a first time offender in 1990. Then, in 1992, he was arrested and pled guilty again to the same offense, for which he received another five years probation. Probation ended only as late as 1998.

Although the administrative law judge found that the petitioner confessed to having made "terrible choices" when he was younger, one wonders whether the choices the petitioner is referring to are his choices to follow advice of counsel or his choices to commit the crimes. According to the administrative law judge's finding of fact number 5, the petitioner still denies responsibility for the latter, and the fact that he is currently active in church and that he pastors inmates is insufficient to

constitute clear and convincing evidence of rehabilitation. In this regard, I agree with consistent findings of other administrative law judges assigned by the Division to factually similar cases. See, for instance, Andrew C. Greene v. Department of Children and Family Services, Case No. 99-1061; Gaynell Allen v. Department of Children and Family Services, Case No. 99-1056, and Andrea Latson v. Department of Children and Family Services, Case No. 99-1319.

Accordingly, it is ORDERED that petitioner's application for an exemption from disqualification from employment in a position of trust or responsibility is denied.

DONE and ORDERED this 5th day of January, 2000, in Tallahassee, Leon County, Florida.

JUDGE KATHLEEN A. KEARNEY, Secretary

Department of Children and Family Services

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 CLERK 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 to:

Donald R. Alexander Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-3060

George Williams 1237 Coggins Road

Chipley, FL 32428

John R. Perry

District 2 Legal Office Department of Children and

Family Services

2639 North Monroe Street,

Suite 252-A2639 North Monroe Street, Ste. 252-A Tallahassee, FL 32399-2949

Chris Le Clair

Background Screening Coordinator District 2 Legal Office Department of Children and

Family Services

2639 North Monroe Street,

Suite 252-A2639 North Monroe Street, Ste. 252-A Tallahassee, FL 32399-2949

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 7 day of January, 2000.

Virginia Daire, Agency Clerk Department of Children and

Family Services 1323 Winewood Blvd.

Tallahassee, FL 32399-0700

(850) 488-2381

Docket for Case No: 99-001823

Orders for Case No: 99-001823