STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF HEALTH AND )

REHABILITATIVE SERVICES, )

)

Petitioner, )

)

vs. ) CASE NO. 83-3468

)

JOHN M. WARNE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on December 7, 1983, in West Palm Beach, Florida.

Petitioner Department of Health and Rehabilitative Services was represented by K. C. Collette, Esquire, West Palm Peach, Florida, and Respondent John M. Warne appeared on his own behalf.

After an informal proceeding, Petitioner determined that Respondent had violated the conditions of his furlough to Youth Services, and Respondent timely requested a formal hearing on the charges which had been made against him.

Accordingly, the issue for determination is whether Respondent's furlough should be revoked.

Robert Geer testified on behalf of Petitioner, and the Respondent testified on his own behalf. Additionally, Petitioner's Exhibits numbered 1 through 5 were admitted in evidence. Neither party submitted proposed findings of fact nor a proposed recommended order for consideration by the undersigned.

FINDINGS OF FACT

1. On July 11, 1983, Respondent signed a Furlough Agreement establishing conditions under which he was placed in furlough status by Youth Services. On July 12, 1983, he signed a second Furlough Agreement which set forth additional conditions. Under those agreements, he was required, and agreed, to attend school, every day and every class, without being absent or tardy unless a valid reason existed.

   
   

2. When the 1983-84 school year began, Respondent only attended most of his classes. He admits that he did not attend his fifth period English class at all so that he could spend time with his friends at school instead. He further admits that he unilaterally extended the number of classes he skipped in order to spend even more time with his friends.

   
   

3. On September 1, 1983, Respondent and a number of other children at his school bus stop refused to ride the school bus because they decided the bus was

   too crowded and they further decided there were too many black children on the bus.

   
   

4. On September 2, 1983, Respondent was confronted by the Dean regarding his non-attendance at school the prior day. When Respondent cursed the Dean, he was suspended from school for three days. Respondent admits he never returned to school after his suspension.

   
   

5. None of Respondent's reasons for skipping school are valid or appropriate.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter hereof and the parties hereto. Section 120.57(1), Florida Statutes (1981).

   
   

7. Petitioner has met its burden of proving that Respondent willfully violated the conditions of his Furlough Agreements, and Respondent has failed to show any justification therefor. Although Respondent admits the charges against him, he believes that revocation of his furlough for one year is too harsh. However, Chapter 959, Florida Statutes, vests wide discretion in Petitioner for the regulation of the Youth Services program, and no abuse of discretion has been demonstrated. Section 959.021, Florida Statutes.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent guilty of the

charges against him, revoking his furlough, and reassigning him to another program or facility.

DONE and RECOMMENDED this 4th day of January, 1984, in Tallahassee, Leon County, Florida.

LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The 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 January, 1984.

COPIES FURNISHED:

K. C. COLLETTE, ESQUIRE ROBERT GEER, COMMUNITY CONTROL DEPARTMENT OF HEALTH AND COUNSELOR

REHABILITATIVE SERVICES CHILDREN, YOUTH AND FAMILY

111 GEORGIA AVENUE SERVICES, UNIT #22

WEST PALM BEACH, FLORIDA 33401 5601 CORPORATE WAY, BUILDING #3

WEST PALM BEACH, FLORIDA 33407-

JOHN M. WARNE 2077

ECKERD YOUTH DEVELOPMENT CENTER

ROUTE 7, BOX 250 DONNA J. NEWSOME, HEARING OFFICER OKEECHOBEE, FLORIDA 33472 CHILDREN, YOUTH AND FAMILIES

PROGRAM

EDWARD WARNE DEPARTMENT OF HEALTH AND 6221 17TH DRIVE SOUTH REHABILITATIVE SERVICES CASA DEL MONTE 111 GEORGIA AVENUE

WEST PALM BEACH, FLORIDA 33406 WEST PALM BEACH, FLORIDA 33401

WES BRAZELL, SUPERVISOR DAVID H. PINGREE, SECRETARY ECKERD YOUTH DEVELOPMENT CENTER DEPARTMENT OF HEALTH AND ROUTE 7, BOX 250 REHABILITATIVE SERVICES

OKEECHOBEE, FLORIDA 33472 1323 WINEWOOD BOULEVARD

TALLAHASSEE, FLORIDA 32301

JUDITH HILL, SUPERVISOR CHILDREN, YOUTH AND FAMILIES

PROGRAM

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES

111 GEORGIA AVENUE

WEST PALM BEACH, FLORIDA 33401

Docket for Case No: 83-003468

Orders for Case No: 83-003468