STATE OF FLORIDA

AGENCY FOR PERSONS WITH DISABILITIES TERRENCE JOHNSON,

Petitioner,

1. DOAH Case#: 18-1600EXE

   
   

   AGENCYFORPERSONSWITH DISABILITIES,

   
   

   Respondent.

                                                               I

   
   

   FINAL ORDER

   
   

   August 17, 2018

   
   

   This cause is before the Agency for Persons with Disabilities ("Agency") for entry of a Final Order concerning Petitioner's application for exemption from disqualification from holding a position of special trust as provided in Section 435.07, Florida Statutes. Petitioner seeks an exemption from disqualification so that Petitioner can work in a position that has direct contact with developmentally disabled children or people served in programs regulated by the Department of Children and Families or the Agency for Persons with Disabilities.

   Following an administrative hearing conducted by video teleconference before a designated Administrative Law Judge ("ALJ") of the Division of Administrative Hearings ("DOAH") on May 14, 2018, the ALJ issued a Recommended Order concluding that the Petitioner did not demonstrate sufficient

   
   

   APD - TERRENCE JOHNSON FO I Page 1 of 6

   
   

   
   

   Filed August 17, 2018 2:50 PM Division of Administrative Hearings

   rehabilitation to warrant being considered for an exemption. A copy of the Recommended Order is attached to this Final Order.

   Specifically, the Recommended Order found that the Petitioner did not present clear and convincing evidence of rehabilitation of included offenses listed in Section 435.04(2), Florida Statutes, to qualify for an exemption pursuant to Section 435.07, Florida Statutes. Further, the Recommended Order found that Respondent did not abuse its discretion in its initial determination to deny Petitioner's request for an exemption, because Petitioner's rehabilitation was not established by clear and convincing evidence.

   1. EXCEPTION 1, Page 5, paragraph 10: In this paragraph, the ALJ noted the testimony of Ms. Danielle Jones, a management review specialist with APD, and observed that Ms. Jones testified that the State Exemption Review Committee had reviewed Petitioner's explanations of the disqualifying offenses and had concerns that Petitioner was not forthcoming in his answers regarding his criminal history and appeared to change his story several times regarding those offenses.

      Petitioner stated that, prior to the hearing, although he had spoken with the Agency's Regional Operations Manager, he could not recall, at the time of the hearing, what questions he had put to him; further, during the hearing, Ms. Jones did not know questions the Regional Operations

      Manager had asked him. The Petitioner asserted that at no time did he change his story or tried in any way to elude or give false statements. Whether the Petitioner had been consistent in his communications with the Regional Operations Manager, the ALJ's Conclusion of Law rested on the lack of evidence showing that the Petitioner had been rehabilitated since committing the disqualifying offenses. The ALJ explained in paragraph 25, "rehabilitation" means "going the extra mile to invest in one's community". Further, the ALJ stated in Paragraph 26 that, while the Petitioner presented the testimony of two witnesses "who truly appear to believe in him", neither had any information about his criminal history. Finally, the ALJ concluded that the Petitioner "presented no evidence of community involvement or volunteer work that would have provided a basis for a finding of rehabilitation." This finding of fact can be rejected only when there is no competent, substantial evidence from

      which the finding can reasonably be inferred. Boyd v. Dep't of Revenue,

      
      

      682 So. 2d 1117 (Fla. 4th DCA 1996); Holmes v. Turlington, 480 So. 2d 150 (Fla. 1st DCA 1985). Since that is not the case, the Petitioner's exception is unavailing.

   2. EXCEPTION 2, Page 5, paragraph 12: In this paragraph, the ALJ noted the testimony of the Petitioner, and observed that the Petitioner felt

he has been rehabilitated since the day the offenses were committed, because he "knew in his heart" that he would not commit such an offense again. The Petitioner stated that the Respondent is completely aware of his background (theft), but his background would not put any of the Respondent's clients in danger or in jeopardy.

As the ALJ concluded in paragraph 26, Petitioner "presented no evidence of community involvement or volunteer work that would have provided a basis for a finding of rehabilitation." Because this finding of fact cannot be rejected, the Petitioner's mere assertion of rehabilitation fails to establish reliably that the Petitioner has been rehabilitated since committing the disqualifying offenses.

There being no basis to reject the findings of fact and conclusions of law of the ALJ, the Recommended Order is approved and adopted. Accordingly, Petitioner's request for an exemption from disqualification from holding a position of special trust is hereby DENIED.

DONE AND ORDERED in Tallahassee, Leon County, Florida, on

Tom Rankin, Deputy Director of Operations Agency for Persons with Disabilities

NOTICE OF RIGHT TO APPEAL

A party who is adversely affected by this final order is entitled to judicial review. To initiate judicial review, the party seeking it must file one copy of a "Notice of Appeal" with the Agency Clerk. The party seeking judicial review must also file another copy of the "Notice of Appeal," accompanied by the filing fee required by law, with the First District Court of Appeal in Tallahassee, Florida, or with the District Court of Appeal in the district where the party resides. The Notices must be filed within thirty (30) days of the rendition of this final order.1

Copies furnished to:

Trevor Suter Senior Attorney

Agency for Persons with Disabilities 4030 Esplanade Way, Suite 3l 5C Tallahassee, FL 32399-0950 Trevor.Suter@APDCares.org

Jeff Smith

Regional Operations. Manager APD Suncoast Region

DOAH

1230 Apalachee Parkway

Tallahassee, FL 32399-3060 Filed via e-ALJ

Terrence Johnson

715 Cristelle Jean Drive North Ruskin, FL 33507 Jbradley0776@gmail.com

1 The date of "rendition" of this Final Order is the date that is stamped on its first page. The Notices of Appeal must be received on or before the 30th day after that date.

I HEREBY CERTIFY that a copy of this Final Order was provided by regular US or electronic mail to the above individuals at the addresses listed on

August 17, 2018                              

Gypsy Bailey, Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 335

Tallahassee, FL 32399-0950 apd.agencyclerk@apdcares.org

Docket for Case No: 18-001600EXE

Orders for Case No: 18-001600EXE