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RALPH D. TURLINGTON, COMMISSIONER OF EDUCATION vs. CAROLYN JOE BROWN, 80-002330 (1980)

Court: Division of Administrative Hearings, Florida Number: 80-002330 Visitors: 7
Judges: MICHAEL P. DODSON
Agency: Department of Education
Latest Update: Aug. 26, 1981
Summary: Has the Respondent committed any act as set out in Section 231.28, Florida Statutes (Supp. 1980) which would constitute grounds for the revocation or suspension of her certificate to teach in Florida?Respondent convicted of welfare fraud. Recommend suspend license one year, but stay until end of probation and then abate if keeps law.
80-2330.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


RALPH D. TURLINGTON, as )

Commissioner of Education, )

)

Petitioner, )

)

vs. ) CASE NO. 80-2330

)

CAROLYN JOE BROWN, )

)

Respondent. )

)


RECOMMENDED ORDER


Pursuant to notice, the Division of Administrative Hearings by its designated Hearing Officer, Michael Pearce Dodson, held the final hearing in this case on March 17, 1981, in Lakeland, Florida. The following appearances were entered:


APPEARANCES


For Petitioner: J. David Holder, Esquire

700 Lewis State Bank Building Post Office Box 1548 Tallahassee, Florida 32302


For Respondent: Lex Taylor, Esquire

Post Office Box 1064 Lakeland, Florida 33802


PROCEDURAL BACKGROUND


These proceedings began on October 21, 1980, when the Commissioner of Education, Ralph D. Turlington filed an administrative complaint to revoke or suspend the teaching certificate of the Respondent, Carolyn Joe Brown. By a letter dated November 3, 1980, she requested an Administrative Hearing on the charges contained in the complaint. On December 10, 1980, the matter was forwarded to the Division of Administrative Hearings for the assignment of a Hearing Officer and the scheduling of a final hearing. After discovery by the parties the final hearing was scheduled for and held on March 17, 1981. At that hearing Petitioner presented as his witnesses: Claudia Niles, Robert Nelson, May Spencer, Maomi Glover, Shirley Williams and Dwight James Smith. Petitioner offered Exhibits 1-5 which were received into evidence. Respondent presented as her witnesses: Charles J. Fee, Reverend Eddie Junior Wittaker, Evelyn Patterson, Edward Brown, William Anderson and the Respondent herself. She offered Exhibits A-G which were received into evidence.


At the conclusion of the hearing the parties were provided the opportunity to file proposed orders and findings of fact. Section 120.57(1)(b)4 Florida Statutes. To the extent that the proposed findings of fact submitted by the parties are not reflected in this Order, they are rejected as being either not

supported by admissible evidence or as being irrelevant to the issues determined here. Agrico Chemical Company v. Department of Environmental Regulation, 356 So.2d 759, 763 (Fla. 1st D.C.A. 1978).


Subsequent to the submission by the Petitioner of his Memorandum of Law and Argument he filed a document entitled, "Addendum To Petitioner's Memorandum of Law And Argument". Contained within that Addendum were certain factual allegations relating to the criminal court file of the Respondent, Carolyn Joe Brown. By an Order dated April 15, 1981, it was ordered that the Petitioner's Addendum would not constitute a part of the evidentiary record in this proceeding. That ruling was made because the evidentiary record in this case was closed at the conclusion of the final hearing on March 17, 1981, and Petitioner made no request that the record be reopened.


ISSUE PRESENTED


Has the Respondent committed any act as set out in Section 231.28, Florida Statutes (Supp. 1980) which would constitute grounds for the revocation or suspension of her certificate to teach in Florida?


FINDINGS OF FACT


  1. Respondent, Carolyn Joe Brown, holds a Rank 5 substitute teacher certificate #379621 issued by the Department of Education, State of Florida, on December 14, 1978. It is valid from July 1, 1976 until June 30, 1986.


  2. On August 17, 1978 Respondent was charged by an information with fraudulently obtaining welfare benefits to which she was not entitled. She allegedly failed to disclose her employment for a one-month period and misrepresented her rent as being $100.00 per month rather than $80.00 per month. Ms. Brown pled guilty to that information. On December 15, 1978, the Polk County Court entered a judgment which withheld adjudication and placed her on six months probation on the condition that she pay restitution in the amount of

    $145.00 and court cost of $100.00.


  3. Subsequently Respondent was charged with two counts of welfare fraud and with one count of grand larceny. These charges arose out of her employment at a food stamp office in Lakeland where she created two fictitious accounts. She pled guilty as charged. On April 9, 1979, the Circuit Court in and for Polk County, Florida, entered a judgment which withheld adjudication; placed her on probation for five years; ordered her to serve six months in county jail; 1/ and to make restitution in the amount of $4,040.00 within six months after her release from jail. This last condition was later modified on September 6, 1979 to provide that she make restitution payments at a rate of $70.00 per month until the $4040.00 is repaid. Ms. Brown agreed to all the conditions of her probation.


  4. Respondent is behind in her monthly restitution payments. At the time of the final hearing she was $485.00 in arrears.


  5. Ms. Brown is one of nine children. During high school she became pregnant, married, and had to interrupt her education. After the birth of her child she obtained her high school diploma by attending adult evening high school.


  6. Because of her strong desire to become a teacher she took a position as a teacher's aide with the Polk County school system in 1971. By then she had

    two children. While working during the day she attended Polk County Community College at night. Her Associate of arts degree was awarded in May, 1976.


  7. Ms. Brown then enrolled at the University of South Florida in Tampa. She was required to drop out however, when her car expired. To continue her education she enrolled at Florida Southern College in Lakeland. She continued there until her jail term in April, 1979. In order to take final exams for the quarter she obtained a release from jail on a temporary leave.


  8. On December 14, 1979, Ms. Brown received a Bachelor of Science degree from Florida Southern College with a major in elementary education. She completed an application on August 12, 1980 for a teacher's certificate in elementary education and filed it with the Department of Education. On the application she disclosed her arrests and their disposition.


  9. The Commissioner of Education served the instant administrative complaint on Respondent on August 21, 1980.


  10. At the present time Respondent lives with her second husband, Edward Brown. They have three children living with them. Their family income consists of Mr. Brown's salary of $9,000.00 per year, Ms. Brown's income from substitute teaching (approximately $1,000.00 last year during part of which she was pregnant) and an unspecified amount of child support paid to Ms. Brown by her former husband.


  11. Since Ms. Brown's graduation from Florida Southern College she has been a substitute teacher in several Polk County schools. The majority of her teaching has been at Kathleen Junior High School whose principal is Charles Fee.


  12. Mr. Fee learned of her criminal charges and dispositions from Ms. Brown herself during an interview she had with him at the beginning of the last school year. He subsequently recommended that she be certified as a full-time teacher and said in a letter supporting her application:


    October 13, 1980


    To Whom it May Concern:


    Carolyn Joe Brown has worked quite often as a substitute teacher at Kathleen Junior High School during the 1979-80 and 1980-81

    school years.


    She has been the most capable and best performing substitute teacher we have had for that time.

    She works well with children, maintains good discipline, and completes all tasks laid before her quite efficiently.


    Had her certification been complete I would have hired her for a full-time position as teacher of compensatory communications this year. I hope that her certification will be granted in the near future so that, in case of a vacancy, I may hire her.

    I write this with full knowledge of the circumstances surrounding her previous court appearance and conviction on charges of food stamp fraud. I feel that she has shown the proper degree of repentance and, having adjusted appropriately, will be a credit to the teaching profession.


    Your consideration in this matter will be appreciated.


    Sincerely,


    Charles J. Fee, Principal


  13. The criminal charges against Ms. Brown have not reduced her effectiveness as a teacher. It has not been shown that either the students or the teachers in the Polk County area are aware of those charges or their disposition.


  14. The criminal charges against Ms. Brown arose out of her employment at the food stamp office of the Department of Health and Rehabilitative Services in Lakeland, Florida. That employment which began on January 24, 1977, ended on November 17, 1977 because she had created two files for fictitious families. In concert with Naomi Glover and Shirley Williams Ms. Brown certified case files for the families of Sandra Jackson and Joyce Smith. After the creation of these files, person representing themselves as Smith and Jackson collected a total of

    $4,040.00 worth of food stamps. As a result of her participation in this scheme Ms. Brown herself did not receive any food stamps but she did receive an unspecified amount of cash for her part.


  15. Since her birth, Ms. Brown has been a member of the Mount Sinai Primitive Baptist Church in Lakeland, Florida. Its minister, Reverend Whittaker, has known her all her life. She was "raised up in the church." In his opinion Ms. Brown's participation in food stamp fraud was a mistake on her part, but she is generally of good moral character and is capable of teaching children in Polk County, Florida.


  16. During her probation Ms. Brown has been supervised by William Anderson, a parole and probation officer. He has recommended Ms. Brown for a full-time teacher's certificate and believes that she has good character.


    CONCLUSIONS OF LAW


  17. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this case. Section 120.57(1) and 231.262(5), Florida Statutes (Supp. 1980).


  18. The Education Practices Commission has the authority to suspend or revoke Respondent's teaching certificate pursuant to Section 231.28, Florida Statutes (Supp. 1980) which provides in part:


    The Education Practices Commission shall have authority to suspend the teaching certificate of any person as defined in

    1. 228.041(9) or (10) for a period of time not to exceed 3 years, thereby denying him

      the right to teach for that period of time, after which the holder may return to teaching as provided in subsection (4); to revoke the teaching certificate of any person, thereby denying him the right to teach for a period

      of time not to exceed 10 years, with reinstatement subject to provisions of subsection (4); or to revoke permanently the teaching certificate of

      any person, provided:

      1. It can be shown that such person obtained the teaching certificate by fraudulent means; has proved to be incompetent to teach or to perform his duties as an employee of the

        public school system or to teach in or to operate a private school; has been guilty of gross immorality or an act involving moral turpitude; has had his certificate revoked in

        another state; has been convicted of a misdemeanor, felony or any other criminal charge, other than minor traffic violation; upon investigation

        has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board; or has otherwise violated the provisions of law or rules of the State Board of Education, the penalty for which is the revocation of the teaching certificate.

      2. The plea of guilty in any court, or the decision of guilty by any court, rot he forfeiture by the teaching certificate holder of a bond

        in any court of law, or the written acknowledgment, duly witnessed to offenses listed in subsection

        (1) to the superintendent of his duly appointed representative or to the school board shall

        be prima facie proof of grounds for revocation of the certificate as listed in subsection

        (1) in the absence of proof by the certificate holder that his plea of guilty, forfeiture of bond, or admission of guilt was caused by threats, coercion, or fraudulent means.


  19. The administrative complaint filed by the Petitioner charges Respondent with pleading guilty to grand larceny and welfare fraud and thereafter being placed on probation. It also alleges that she served three months in jail. The complaint further states that she knowingly used her position with the Department of Health and Rehabilitative Services to falsify records for the issuance of food stamps to phony accounts. All of these allegations were proven by the Petitioner.


  20. Welfare fraud is a felony if the amount of the assistance unlawfully misappropriated exceeds $200.00 in value. Section 409.235(5)(b), Florida Statutes (1979). It was proven here that the amount of assistance misappropriated was $4,040.00. Grand Larceny (theft) is also a felony under Florida law. Section 775.208(1) and Section 812.014(2)(b) Florida Statutes (1979).


  21. If Respondent has been convicted of grand larceny and welfare fraud, her license could be revoked under that portion of Section 231.28(1), Florida

    Statutes, which provides that a conviction of a felony or a misdemeanor is grounds for revocation. Ms. Brown has not been "convicted" because adjudication on her guilty plea has been withheld. Delta Truck Brokers v. Keng, 142 So2d 273 (Fla. 1962); Accredited Surety and Casualty Company, Inc. v. State, 318 So.2d 554, 556 (Fla. 1st D.C.A. 1975).


  22. It has been proven that Ms. Brown has been guilty of an act involving moral turpitude. This was established by her plea of guilty to grand larceny and welfare fraud. Both welfare fraud and grand larceny under the circumstances of this case involve moral turpitude. Davis v. Board of Real Estate, Case No. 80-2343, Recommended Order (DOAH May 8, 1981).


    Discipline


  23. Pursuant to Section 231.28, Florida Statutes the Education Practices Commission has the authority to suspend Petitioner's certificate for three years or less; to revoke her certificate for ten years or less; or to permanently revoke her teaching privileges. Discipline, while required here, should be mitigated. Ms. Brown has shown a relentless determination to become a teacher. She has overcome considerable obstacles such as being a young mother to complete her education. She has been candid about her criminal record, both with Mr. Fee when she applied for a position at his school, and with the Department of Education when she applied for certification as a full-time teacher. Pursuant to Section 231.28, Florida Statutes the Education Practices Commission has the authority to suspend Petitioner's certificate for three years or less; to revoke her certificate for ten years or less; or to permanently revoke her teaching privileges. Discipline, while required here, should be mitigated. Ms. Brown has shown a relentless determination to become a teacher. She has overcome considerable obstacles such as being a young mother to complete her education. She has been candid about her criminal record, both with Mr. Fee when she applied for a position at his school, and with the Department of Education when she applied for certification as a full-time teacher.


  24. Petitioner has argued that she has shown no rehabilitation since her criminal acts because she is in arrears on her restitution payments. The force of that argument is tempered considerably by the financial circumstances of Ms. Brown. She and her husband are certainly not wealth with an income of approximately $10,000.00 a year and a family of five to support. If Respondent's teaching certificate were revoked, it is even less likely that she would have the ability to make her restitution payments. The evidence does not show that she has ignored her responsibilities to make restitution. She has paid on the outstanding balance as she is able.


  25. The most significant evidence concerning whether Respondent ought to continue to be a teacher in Florida comes from her principal Mr. Charles Fee. He is the person best able to evaluate the impact of a criminal record on her effectiveness as a teacher. He wants her not only to continue as a substitute teacher but to be certified as a full-time teacher so that he may employ her at his school. These preceding factors favor allowing Ms. Brown to continue as a substitute teacher in Florida.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order

suspending teacher certificate #379621 of Carolyn Joe Brown for a period of one

(1) year, provided however, that the imposition of that suspension be STAYED as long as Respondent remains in compliance with the terms of her probation as determined by the Circuit Court in and for Polk County, Florida. Should the court revoke her probation the STAY shall immediately be lifted and her license suspended. The final order should further provide that if she successfully complete her term of probation, these proceedings shall be dismissed.


DONE AND RECOMMENDED this 4th day of June, 1981, in Tallahassee, Florida.


MICHAEL PEARCE DODSON

Hearing Officer

Division of Administrative Hearings Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675


Filed with the Clerk of the Division of Administrative Hearings this 4th day of June, 1981.


ENDNOTE


1/ She actually served only 3 months.


COPIES FURNISHED:


J. David Holder, Esquire

700 Lewis State Bank Building Post Office Box 1548 Tallahassee, Florida 32302


Lex Taylor, Esquire Post Office Box 1064 Lakeland, Florida 33802

=================================================================

AGENCY FINAL ORDER

=================================================================


STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


RALPH D. TURLINGTON as

Commissioner of Education, Petitioner,

vs. CASE NO. 80-001-RT

DOAH CASE NO. 80-2330

CAROLYN JOE BROWN,


Respondent.

/


FINAL ORDER


Respondent, Carolyn Joe Brown, holds Florida Substitute Teaching Certificate Number 379621. On October 21, 1980, an Administrative Complaint was filed seeking the revocation or suspension of her certificate. A hearing was held before Michael P. Dodson , Hearing Officer for the Division of Administrative Hearings on March 17, 1981. A Recommended Order has been forwarded to the Education Practices Commission under the provisions of Section 231.262, F.S.


A duly constituted panel of the Commission met on August 10, 1981, and considered the Recommended Order and the Exceptions filed by the Petitioner. The Petitioner was represented by L. David Holder, Esquire. The Respondent and her attorney, Lex Taylor, were notified of the hearing. Mr. Taylor communicated to the staff of the Commission that no one would appear for the Respondent.


The teacher panel of the Commission adopts the FINDINGS OF FACT of the Recommended Order as follows:


FINDINGS OF FACT


  1. Respondent, Carolyn Joe Brown, holds a Rank 5 substitute teacher certificate Number 379621 issued by the Department of Education, State of Florida, on December 14, 1978. It is valid from July 1, 1976 until June 30, 1986.


  2. On August 17, 1978, Respondent was charged by an information with fraudulently obtaining welfare benefits to which she was not entitled. She allegedly failed to disclose her employment for a one-month period and misrepresented her rent as being $100 per month rather than $80 per month. Ms. Brown pled guilty to that information. On December 15, 1978, the Polk County Court entered a judgment which withheld adjudication and placed her six months probation on the condition that she pay restitution in the amount of $145 and court cost of $100.

  3. Subsequently Respondent was charged with two counts of welfare fraud and with one count of grand larceny. These charges arose out of her employment at a food stamp office in Lakeland where she created two fictitious accounts. She pled guilty as charged. On April 9, 1979, the Circuit Court in and for Polk County, Florida, entered a judgment which withheld adjudication; placed her on probation for five years; ordered her to serve six months in county jail, 1/ and to make restitution in the amount of $4040.00 within six months after her release from jail. This last condition was later modified on September 6, 1979 to provide that she make restitution payments at a rate of $70 per month until the $4040.00 is repaid. Ms. Brown agreed to all the conditions of her probation.


  4. Respondent is behind in her monthly restitution payments. At the time of the final hearing she was $485.00 in arrears.


  5. Ms. Brown is one of nine children. During high school she became pregnant, married, and had to interrupt her education. After the birth of her child she obtained her high school diploma by attending adult evening high school.


  6. Because of her strong desire to become a teacher she took a position as a teacher's aide with the Polk County school system in 1971. By then she had two children. While working during the day she attended Polk County Community College at night. Her Associate of Arts degree was awarded in May, 1976.


  7. Ms. Brown then enrolled at the University of South Florida in Tampa. She was required to drop out however, when her car expired. To continue her education she enrolled at Florida Southern College in Lakeland. She continued there until her jail term in April, 1979. In order to take final exams for the quarter she obtained a release from jail on a temporary leave.


  8. On December 14, 1979, Ms. Brown received a Bachelor of Science degree from Florida Southern College with a major in elementary education. She completed an application on August 12, 1980 for a teacher's certificate in elementary education and filed it with the Department of Education. On the application she disclosed her arrests and their disposition.


  9. The Commissioner of Education served the instant administrative complaint on Respondent on August 21, 1980.


  10. At the present time Respondent lives with her second husband, Edward Brown. They have three children living with them. Their family income consists of Mr. Brown's salary of $9,000.00 per year, Ms. Brown's income from substitute teaching (approximately $1,000.00 last year during part of which she was pregnant) and an unspecified amount of child support paid to Ms. Brown by her former husband.


  11. Since Ms. Brown's graduation from Florida Southern College she has been a substitute teacher in several Polk County schools. The majority of her teaching has been at Kathleen Junior High School whose principal is Charles Fee.


  12. Mr. Fee learned of her criminal charges and dispositions from Ms. Brown herself during an interview she had with him at the beginning of the last school year. He subsequently recommended that she be certified as a full-time teacher and said in a letter supporting her application:

    October 13, 1980


    To Whom it May Concern:


    Carolyn Joe Brown has worked quite often as a substitute teacher at Kathleen Junior High School during the 1979-80 and 1980-81

    school years.


    She has been the most capable and best performing substitute teacher we have had for that time.

    She works well with children, maintains good discipline, and completes all tasks laid before her quite efficiently.


    Had her certification been complete I would have hired her for a full-time position as teacher of compensatory communications this year. I hope that her certification will be granted in the near future so that, in case of a vacancy, I may hire her.


    I write this with full knowledge of the circumstances surrounding her previous court appearance and conviction on charges of food stamp fraud. I feel that she has shown the proper degree of repentance and, having adjusted appropriately, will be a credit to the teaching profession.


    Your consideration in this matter will be appreciated.


    Sincerely,


    Charles J. Fee, Principal


  13. The criminal charges against Ms. Brown have not reduced her effectiveness as a teacher. It has not been shown that either the students or the teachers in the Polk County area are aware of those charges or their disposition.


  14. The criminal charges against Ms. Brown arose out of her employment at the food stamp office of the Department of Health and Rehabilitative Services in Lakeland, Florida. That employment which began on January 24, 1977, ended on November 17, 1977 because she had created two files for fictitious families. In concert with Naomi Glover and Shirley Williams Ms. Brown certified case files for the families of Sandra Jackson and Joyce Smith. After the creation of these files, person representing themselves as Smith and Jackson collected a total of

    $4,040.00 worth of food stamps. As a result of her participation in this scheme Ms. Brown herself did not receive any food stamps but she did receive an unspecified amount of cash for her part.


  15. Since her birth, Ms. Brown has been a member of the Mount Sinai Primitive Baptist Church in Lakeland, Florida. Its minister, Reverend Whittaker, has known her all her life. She was "raised up in the church." In his opinion Ms. Brown's participation in food stamp fraud was a mistake on her

    part, but she is generally of good moral character and is capable of teaching children in Polk County, Florida.


  16. During her probation Ms. Brown has been supervised by William Anderson, a parole and probation officer. He has recommended Ms. Brown for a full-time teacher's certificate and believes that she has good character.


    RULINGS ON EXCEPTIONS


  17. The panel DENIES Exceptions 1,3,4,5, and 6. The panel considers Exceptions 2,7,8,9, and 10 to be objections to Conclusions of Law of the Recommended Penalty. They are ruled on in the Conclusions of Law and Penalty below.


    CONCLUSIONS OF LAW


    The Panel adopts the Conclusions of Law of the Recommended Order as follows: (conclusions 1 through 6 are renumbered 18-23 fro clarity)


  18. The the Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this case. Section 120.57(1) and 231.262(5), Florida Statutes (Supp. 1980).


  19. The Education Practices Commission has the authority to suspend or revoke Respondent's teaching certificate pursuant to Section 231.28, Florida Statutes (Supp. 1980) which provides in part:


    The Education Practices Commission shall have authority to suspend the teaching certificate of any person as defined in

    1. 228.041(9) or (10) for a period of time not to exceed 3 years, thereby denying him the right to teach for that period of time, after which the holder may return to teaching as provided in subsection (4); to revoke the teaching certificate of any person, thereby denying him the right to teach for a period

      of time not to exceed 10 years, with reinstatement subject to provisions of subsection (4); or to revoke permanently the teaching certificate of

      any person, provided:

      1. It can be shown that such person obtained the teaching certificate by fraudulent means; has proved to be incompetent to teach or to perform his duties as an employee of the

        public school system or to teach in or to operate a private school; has been guilty of gross immorality or an act involving moral turpitude; has had his certificate revoked in

        another state; has been convicted of a misdemeanor, felony or any other criminal charge, other than minor traffic violation; upon investigation

        has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board; or has otherwise violated the provisions of law or rules of the State Board of Education, the penalty for which

        is the revocation of the teaching certificate.

      2. The plea of guilty in any court, or the decision of guilty by any court, rot he forfeiture by the teaching certificate holder of a bond

        in any court of law, or the written acknowledgment, duly witnessed to offenses listed in subsection

        (1) to the superintendent of his duly appointed representative or to the school board shall

        be prima facie proof of grounds for revocation of the certificate as listed in subsection

        (1) in the absence of proof by the certificate holder that his plea of guilty, forfeiture of bond, or admission of guilt was caused by threats, coercion, or fraudulent means.


  20. The administrative complaint filed by the Petitioner charges Respondent with pleading guilty to grand larceny and welfare fraud and thereafter being placed on probation. It also alleges that she served three months in jail. The complaint further states that she knowingly used her position with the Department of Health and Rehabilitative Services to falsify records for the issuance of food stamps to phony accounts. All of these allegations were proven by the Petitioner.


  21. Welfare fraud is a felony if the amount of the assistance unlawfully misappropriated exceeds $200.00 in value. Section 409.235(5)(b), Florida Statutes (1979). It was proven here that the amount of assistance misappropriated was $4,040.00. Grand Larceny (theft) is also a felony under Florida law. Section 775.208(1) and Section 812.014(2)(b) Florida Statutes (1979).


  22. If Respondent has been convicted of grand larceny and welfare fraud, her license could be revoked under that portion of Section 231.28(1), Florida Statutes, which provides that a conviction of a felony or a misdemeanor is grounds for revocation. Ms. Brown has not been "convicted" because adjudication on her guilty plea has been withheld. Delta Truck Brokers v. Keng, 142 So2d 273 (Fla. 1962); Accredited Surety and Casualty Company, Inc. v. State, 318 So.2d 554, 556 (Fla. 1st D.C.A. 1975).


  23. It has been proven that Ms. Brown has been guilty of an act involving moral turpitude. This was established by her plea of guilty to grand larceny and welfare fraud. Both welfare fraud and grand larceny under the circumstances of this case involve moral turpitude. Davis v. Board of Real Estate, Case No. 80-2343, Recommended Order (DOAH May 8, 1981).


    PENALTY


  24. The panel considers that the serious nature of the Respondent's behavior requires more than the recommended penalty. Each member of the panel has reviewed the record in the case and has so stated in the record during the deliberations. It is therefore ORDERED that certificate number 379621 of Carolyn Joe Brown be hereby PERMANENTLY REVOKED.

DONE AND ORDERED this 10th day of August, 1981.


MARJORIE HANKINS MARJORIE HANKINS

Presiding Officer


Filed in the records of the Education Practices Commission and copies furnished to all parties this 24th day of August, 1981.


ENDNOTE


1/ She actually served only 3 months.


Donald L. Griesheimer Clerk


Docket for Case No: 80-002330
Issue Date Proceedings
Aug. 26, 1981 Final Order filed.
Jun. 04, 1981 Recommended Order sent out. CASE CLOSED.

Orders for Case No: 80-002330
Issue Date Document Summary
Aug. 10, 1981 Agency Final Order
Jun. 04, 1981 Recommended Order Respondent convicted of welfare fraud. Recommend suspend license one year, but stay until end of probation and then abate if keeps law.
Source:  Florida - Division of Administrative Hearings

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