STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF LAW ) ENFORCEMENT, DIVISION OF CRIMINAL ) JUSTICE STANDARDS AND TRAINING, )

)

Petitioner, )

)

vs. ) CASE NO. 89-0098

)

CHARLES RAMSEY, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter was heard by WILLIAM R. DORSEY, JR., the Hearing Officer designated by the Division of Administrative Hearings, on April 12, 1989, at the Dade County Courthouse, Miami, Florida. The Criminal Justice Standards and Training Commission waived the opportunity to file proposed findings of fact and conclusions of law.

APPEARANCES

For Petitioner: Joseph S. White, Esquire

Florida Department of Law Enforcement

Post Office Box 1489 Tallahassee, Florida 32302

For Respondent: No appearance

ISSUE

The issue is whether the certificate issued to Mr. Ramsey by the Criminal Justice Standards and Training Commission should be revoked for his failure to maintain good moral character through the use of cocaine.

FINDINGS OF FACT

1. Charles Ramsey was issued a certificate on October 2, 1981, by the Criminal Justice Standards and Training Commission, number 19-81-502-01, as a correctional officer.

   
   

2. On April 12, 1988, Mr. Ramsey went to the Mount Sinai Medical Center for Industrial Medicine at 4300 Alton Road, Miami Beach, Florida 33140. The overall purpose of the visit was not clear, but as a part of his activities at the Center, Ramsey provided urine specimen for analysis. Before providing the specimen, Ramsey had disrobed, was wearing a hospital gown, and was escorted to a bathroom at the site, where he was given two marked specimen bottles. The first bottle was for the main sample, the second for any overflow if Mr. Ramsey's urine donation was greater than the size of the first bottle. Each

   bottle was a 60 ml. pharmaceutical round bottle. The specimen bottles had his name on them, a bar code identifying the bottles as bottles from an employee of the Metro-Dade Law Enforcement Department, and the unique specimen number of 117270. At that time, Mr. Ramsey initialed the information on the bottle acknowledging that it was correct. After he exited the bathroom and delivered the urine bottle it was sealed with evidence tape by the technician at Mount Sinai, Sonia Abreu, and was placed in a locked cabinet. The cabinet was opened with a key belonging to the courier for the Toxicology Testing Service of Miami, Florida.

   
   

3. The urine was kept under lock and key until it was removed and brought to the screening room at Toxicology Testing Service. The technician there broke the seal and dispensed a sample into an automated clinical analyzer which performed an EMIT screen test on 3 ml. of urine. That test showed the presence of cocaine metabolites, i.e., substances left in the body after cocaine has been ingested and been processed by the metabolic action of the body. Based on this initial positive screening test result, another 3 ml. of the sample was used to perform the screening test again.

   
   

4. When the screening test again was positive for cocaine metabolites, a more specific test for the presence of cocaine metabolites was performed by Dr. Terry Hall, who holds his doctorate in chemistry, and has specialized in forensic toxicology. The test was performed using a gas chromatograph and a mass spectrometer. The study showed the presence of methylecganine in the urine, which is a cocaine metabolite. The concentration of the methylecganire in the sample was such that it is likely that Mr. Ramsey used cocaine within the previous two weeks. Exposure to trace amounts of cocaine, such as from airborne cocaine which might be inhaled while measuring cocaine seized as part of a drug arrest, could not have yielded the high level of methylecganine found in Mr. Ramsey's urine. The level of metabolite is such that Mr. Ramsey would have had to ingest approximately 10 grams of cocaine.

CONCLUSIONS OF LAW

The Division of Administrative Hearings has jurisdiction over this matter.

Section 120.57(1), Florida Statutes (1987). Section 943.1395(5), Florida Statutes, provides that the Criminal Justice Standards and Training Commission "shall revoke the certification of any officer who is not in compliance with the provisions of Section 943.13(1) - (10) [Florida Statutes]". Under Section 943.13(7) a licensee must "have a good moral character "

Rule 11B-27.0011(4), F.A.C., defines the failure to maintain good moral character, as required by subsection 943.13(7), to include:

(d) The unlawful use of any of the controlled substances enumerated in Rule 11B-27.00225 . . .

Cocaine is a controlled substance enumerated in Rule 11B-27.00225(3)(b)5.,

F.A.C. Section 893.13, F.S., forbids possession of cocaine unless obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice.

In this case, the Commission has established by clear and convincing evidence that Mr. Ramsey had used and was therefore in possession of cocaine. Ramsey offered no proof that his use or possession was unlawful or lawfully excusable. Under such circumstances, the Commission has demonstrated that

Ramsey violated the provisions of sections 943.13(7) and 943.1395(5) and(6) Florida Statutes and Rule 11B-27.0011(4)(d), Florida Administrative Code.

RECOMMENDATION

Based upon the foregoing, it is

RECOMMENDED that the certificate held by Charles Ramsey be revoked for failure to maintain good moral character.

DONE and ENTERED this 28th day of April, 1989, in Tallahassee, Leon County, Florida.

WILLIAM R. DORSEY, JR.

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904)488-9675

Filed with the Clerk of the Division of Administrative Hearings this 28th day of April, 1989.

COPIES FURNISHED:

Joseph S. White, Esquire Florida Department of Law

Enforcement

Post Office Box 1489 Tallahassee, Florida 32302

Charles Ramsey

1064 Northwest 61st Street Miami, Florida 33127

Daryl McLaughlin, Executive Director Florida Department of Law Enforcement Post Office Box 1489

Tallahassee, Florida 32302

Jeffrey Long, Director Criminal Justice Standards and

Training Commission

Docket for Case No: 89-000098

Orders for Case No: 89-000098