STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GEORGE DEREK JOY, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1396

)

DEPARTMENT OF EDUCATION, ) PROFESSIONAL PRACTICES COUNCIL, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 3 August 1979 at Miami, Florida.

APPEARANCES

For Petitioner: George Derek Joy

7035 Northeast 4th court, Apartment 1

Miami, Florida 33138

For Respondent: J. David Holder, Esquire

110 North Magnolia Drive, Suite 224 Tallahassee, Florida 32301

PROCEDURAL BACKGROUND

By letter dated May 31, 1979, George Derek Joy, Petitioner, requested a hearing on Respondent's denial of his application for a teaching certificate. Grounds for denial are contained in Notice of Reasons executed by Respondent on

11 May 1979. Therein it is alleged that Petitioner was arrested on September 6, 1975 on a charge of sale and conspiracy to sell cocaine, was subsequently convicted and sentenced to federal prison where he served 16 months.

At the hearing Petitioner testified in his own behalf and 13 exhibits were admitted into evidence.

FINDINGS OF FACT

1. On March 5, 1976 the U. S. District Court for the Southern District of Florida found Petitioner guilty of possession and distribution of cocaine and sentenced him to confinement for two years (Exhibit 10). This sentence was reduced by Order entered 3 March 1977 to 16 months (Exhibit 11).

   
   

2. Following his release from prison, Petitioner returned to school and received a Bachelor of Arts degree in communications from Florida International University in August 1978.

3. Petitioner's testimony and evidence he presented consisting of excerpts of his writing ability demonstrated that he is articulate and probably more competent to teach than some who presently hold certificates.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the parties and subject matter of these proceedings.

   
   

5. The offense of possession and sale of cocaine is a felony and an offense involving moral turpitude.

   
   

6. Section 231.28, Florida Statutes, provides in pertinent part that the Department of Education shall have authority:

   
   

   . . . to revoke permanently the teaching rcertificate of any person, provided:

   1. It can be shown that such person. . . has been guilty of gross immorality or an act involving moral turpitude . . . .

      
      

      Section 231.17, F.S., in establishing the requirements an applicant for a teaching certificate must meet provides in pertinent part:

      
      

      (1) (e) Shall be of good moral character.

      (5) (a) The Department of Education is authorized to deny an applicant a certificate if it possesses evidence satisfactory to it that the applicant has committed an act or acts . . . for which the department would

      be authorized to revoke a teaching certificate.

      
      

      Other than his own statement, Petitioner presented no evidence to rebut the evidence of poor moral character demonstrated by his conviction of a felony involving the possession and sale of cocaine.

      
      

7. Even had Petitioner presented evidence of good moral character subsequent to his release from prison, it is doubtful that this period of just over two years is long enough to rebut the evidence of immorality contained in the conviction of a felony.

   
   

8. As pointed out by Petitioner, he has paid his debt to society for the infraction of the laws involving narcotics and should, one day, be able to hold a position of responsibility in the school system of this state. Although this time is not at hand, it should arrive some two years hence. If Petitioner can then present evidence that his character and conduct have been exemplary since his release from prison, he could be found morally qualified for a teaching certificate. This would be nearly five years since his sentence was completed and will provide ample time in which to rebut the presumption of immoral conduct that goes with conviction of a felony.

   
   

9. From the foregoing it is concluded that Petitioner has been convicted of an offense involving moral turpitude which would have justified Respondent in revoking his teaching certificate had he held one and that he has therefore failed to demonstrate that he is a person of good moral character. It is therefore

RECOMMENDATION

RECOMMENDED that the denial of the application of George Derek Joy for a teaching certificate be upheld and the Petition for a certificate be dismissed.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 28th day of September, 1979.

K. N. Ayers Hearing Officer

Division of Administrative Hearings Collins Building

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of September, 1979.

COPIES FURNISHED:

Mr. George Derek Joy

7035 N. E. 4th Court, Apt. 1 Miami, Florida 33138

Mr. Hugh Ingram Administrator

Professional Practices Council Room 3, 319 W. Madison Street

Tallahassee, Florida 32301

Docket for Case No: 79-001396

Orders for Case No: 79-001396