STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

YOLANDA D. HART

Petitioner,

vs. Case No. 98-5080

Rendition No. DCF-99-134-FO

DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Respondent.

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FINAL ORDER

THIS CAUSE is before me for entry of a Final Order.

The Recommended Order concludes that petitioner has presented clear and convincing evidence that she is entitled to an exemption from disqualification from employment in a position of special trust and responsibility pursuant to section 435.07, Florida Statutes. The administrative law judge's (ALJ) findings of fact are approved and adopted. I do not concur, however, with the ALJ's legal conclusions.

The facts as found by the ALJ do not, in my view, establish petitioner's rehabilitation from the disqualifying criminal offense. Petitioner was incarcerated in 1993 for possession of crack cocaine. Since her release from jail, petitioner has been fined and has served a brief time in jail for misdemeanor offenses of "affray" and trespass. Petitioner's evidence of rehabilitation is not clear and convincing.

Accordingly, it is ORDERED that petitioner's request for an exemption from disqualification from employment pursuant to section 435.07, Florida Statutes, is denied.

DONE and ORDERED this 30th day of July , 1999, in Tallahassee, Leon County, Florida.

JUDGE KATHLEEN A. KEARNEY, Secretary

Department of Children and Family Service

Copies furnished to:

Donald R. Alexander Administrative Law Judge

Division of Administrative Hearings 1230 Apalachee Parkway

Tallahassee, FL 32399-3060

Roger L. D. Williams, Esquire District 4 Legal Office Department of Children and

Family Services Post Office Box 2417

Jacksonville, FL 32231-0083

Carl ton Jones

Background Screening Coordinator District 4 Legal Office Department of Children and Family Services

Post Office Box 2417 Jacksonville, FL 32231-0083

Yolanda D. Hart

1823 East 24th Street Jacksonville, FL 32206

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing FINAL ORDER has been sent by U. S. Mail or hand delivery to each of the above named persons this 6, day of August, 1999.

Gregory D. Venz, Agency Clerk Department of Children and Family Services

1317 Winewood Blvd.

Tallahassee, FL 32399-0700

(850) 488-2381

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO A JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, AND A SECOND COPY ALONG WITH FILING FEE AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS

HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE FLORIDA APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

Docket for Case No: 98-005080

Orders for Case No: 98-005080