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LARRY WOODS vs AGENCY FOR PERSONS WITH DISABILITIES, 15-002424EXE (2015)

Court: Division of Administrative Hearings, Florida Number: 15-002424EXE Visitors: 73
Petitioner: LARRY WOODS
Respondent: AGENCY FOR PERSONS WITH DISABILITIES
Judges: F. SCOTT BOYD
Agency: Agency for Persons with Disabilities
Locations: Miami, Florida
Filed: Apr. 29, 2015
Status: Closed
Recommended Order on Friday, September 4, 2015.

Latest Update: Dec. 22, 2024
Summary: Petitioner failed to prove rehabilitation where he misrepresented facts and failed to acknowledge recent battery and agency denial of exemption under section 435.07, Florida Statutes, is not an abuse of discretion.
KM_C364e-20151002111443

STATE OF FLORIDA

AGENCY FOR PERSONS WITH DISABILITIES


Larry Woods ,


Petitioner,


V.

DOAH Case No. 15-2424EXE RENDITION No. APD-15-16-010 -FO


   I L E  

OCT - 2 2015

APO

Clerk's Office

AGENCY FOR PERSONS WITH DISABILITIES


Respondent.

- - - - - - - - - - - - -

I


FINAL ORDER


THIS CAUSE is before the Agency for Persons with Disabilities for consideration and final agency action concerning Petitioner's request for an exemption from disqualification from holding a position of special trust as provided in Chapter 435, Florida Statutes. Petitioner seeks an exemption from disqualification so that Petitioner can work in a position having direct contact with children or developmentally disabled people served in programs regulated by the Department of Children and Families or the Agency for Persons with Disabilities. Following an administrative hearing at DOAH on July 22, 2015, the Admin istrative Law Judge issued a Recommended Order concluding that Petitioner did not demonstrate sufficient rehabilitation such that he should be considered for exemption. Neither party filed exceptions to the Recommended Order.

There being no basis to reject the findings of fact and conclusions of law of the Administrative Law Judge, the Recommended Order is approved and adopted.


APD-15-16 -010-FO 1 1

Filed October 2, 2015 10:34 AM Division of Administrative Hearings

Being fully advised in the premises, Petitioner's request for an exemption from


disqualification from holding a position of special trust in hereby DENIED.

/A­

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 5U day of September, 2015.


Tom Rankin, Deputy Director of Operations Agency for Persons with Disabilities


RIGHT TO APPEAL


A party who is adversely affected by this final order is entitled to judicial review. To initiate judicial review, the party seeking it must file one copy of a "Notice of Appeal" with the Agency Clerk. The party seeking judicial review must also file another copy of the "Notice of Appeal," accompanied by the filing fee required by law, with the First District Court of Appeal in Tallahassee, Florida, or with the District Court of Appeal in the district where the party resides. Review proceedings shall be conducted in accordance with Florida Rules of Appellate Procedure. The Notices must be filed within thirty (30) days of the rendition of this final order.1



1 The date of the "rendition" of this Final Order is the date that is stamped on its first page. The Notices of Appeal must be received on or before the thirtieth day after that date.

APD-15-16-010-FO I 2

Copies furnished to:


Larry Woods

5520 Northwest 52nd Circle Coconut Creek, Fl 33073


Claudia Llado, Agency Clerk Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, F;orida 32399-3060 (filed via e-ALJ)

Tomea Sippio-Smith, Esq., c/o Elaine Asad, Esq., Senior Attorney,

Agency for Persons with Disabilities Elaine.Asad@apdcares.org


APO Southern Region Office


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a copy of this Final Order was provided to the above­

r;,./

named individuals at the listed addresses, U.S. Mail or electronic mail, this _ ,_,<

0c-t" 6 r

of Septemeer, 2015.


, gency Clerk Agency for Persons 1th Dis abilities 4030 Esplanade Way, Suite 380

Tallahassee, Florida 32399-0950

_ day



APD-15-16-010-FO 13


Docket for Case No: 15-002424EXE
Issue Date Proceedings
Oct. 02, 2015 Agency Final Order filed.
Sep. 04, 2015 Recommended Order (hearing held July 22, 2015). CASE CLOSED.
Sep. 04, 2015 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 03, 2015 Respondent's Proposed Recommended Order filed.
Jul. 22, 2015 CASE STATUS: Hearing Held.
Jul. 16, 2015 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Jul. 15, 2015 Notice of Filing Respondent's Proposed Exhibit List filed.
Jul. 15, 2015 Notice of Filing Respondent's Witness List filed.
Jul. 10, 2015 Notice of Transfer.
Jul. 10, 2015 Amended Notice of Hearing by Video Teleconference (hearing set for July 22, 2015; 9:30 a.m.; Miami and Tallahassee, FL; amended as to Video, Time, Length, and Location).
Jun. 11, 2015 Order Granting Continuance and Re-scheduling Hearing (hearing set for July 22, 2015; 9:00 a.m.; Miami, FL).
Jun. 10, 2015 Joint Motion for Continuance filed.
May 12, 2015 Amended Notice of Hearing by Video Teleconference (hearing set for July 10, 2015; 9:30 a.m.; Miami and Tallahassee, FL; amended as to Hearing Room Location).
May 11, 2015 Order of Pre-hearing Instructions.
May 11, 2015 Notice of Hearing (hearing set for July 10, 2015; 9:30 a.m.; Miami, FL).
May 07, 2015 Joint Response to Initial Order filed.
Apr. 30, 2015 Initial Order.
Apr. 29, 2015 Request for Administrative Hearing filed.
Apr. 29, 2015 Agency action letter filed.
Apr. 29, 2015 Notice (of agency referral) filed.

Orders for Case No: 15-002424EXE
Issue Date Document Summary
Oct. 02, 2015 Agency Final Order
Sep. 04, 2015 Recommended Order Petitioner failed to prove rehabilitation where he misrepresented facts and failed to acknowledge recent battery and agency denial of exemption under section 435.07, Florida Statutes, is not an abuse of discretion.
Source:  Florida - Division of Administrative Hearings

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