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JOHNNIE PORTER vs AGENCY FOR PERSONS WITH DISABILITIES, 15-003456EXE (2015)

Court: Division of Administrative Hearings, Florida Number: 15-003456EXE
Petitioner: JOHNNIE PORTER
Respondent: AGENCY FOR PERSONS WITH DISABILITIES
Judges: ROBERT L. KILBRIDE
Agency: Agency for Persons with Disabilities
Locations: Miami, Florida
Filed: Jun. 18, 2015
Status: Closed
Recommended Order on Wednesday, September 2, 2015.

Latest Update: Oct. 02, 2015
Summary: Petitioner was rehabilitated from the disqualifying offense of domestic battery which occurred 28 years prior to her application for an exemption under chapter 435, and it would constitute an abuse of discretion for the APD to deny her application.
KM_C364e-20151002111338

STATE OF FLORIDA

AGENCY FOR PERSONS WITH DISABILITIES


Johnnie Porter.

Petitioner,


V.


DOAH Case No.: 15-3456EXE APD Case No.: 14-15-272

RENDITION NO.: APD-15-16-008-FO


AGENCY FOR PERSONS WITH DISABILITIES,


Respondent.


I

L

E

D

APO

A enc Clerk's Office


OCT - 2 2015

_;/



FINAL ORDER


THIS CAUSE is before the Agency for entry of a Final Order concerning petitioner's request for an exemption from disqualification from holding a position of special trust as provided in chapter 435.07, Florida Statutes. The Recommended Order concludes that petitioner did demonstrate rehabilitation from disqualifying offenses such that she should be considered for an exemption. No exceptions to the Recommended Order were filed. 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.

Accordingly , petitioner's request for an exemption from disqualification from holding a position of special trust is hereby GRANTED.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this J{)R,,,day of September, 2015.


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


APD-15-16-008-FO I 1


Filed October 2, 2015 10:36 AM Division of Administrative Hearings

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 "Noticeof 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. The Notices must be filed within thirty (30) days of the rendition of this final order.1


Copies furnished to:


Tomea Sippio-Smith, Esq., C/O Elaine Asad, Esq.

Senior Attorney,

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

APD Southern Region Office


Johnnie Mae Porter

1077 Northwest 46th Street Miami, Fl 33127

Caludia Llado, Clerk

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060 (filed via e-ALJ)


CERTIFICATE OF SERVICE


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

J'

- t:?c r 6 -e,,.---

individuals at the listed addresses, by U.S. or electronic Mail, this day at.September,-


2015 .


David De La Paz, Esq., Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380

Tallahassee, FL 32399-0950


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-15-16-008-FO I 2


Docket for Case No: 15-003456EXE
Issue Date Proceedings
Oct. 02, 2015 Agency Final Order filed.
Sep. 02, 2015 Recommended Order (hearing held August 12, 2015). CASE CLOSED.
Sep. 02, 2015 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 24, 2015 Notice of Filing Respondent's Exhibit "E" filed.
Aug. 24, 2015 Respondent's Proposed Recommended Order filed.
Aug. 12, 2015 CASE STATUS: Hearing Held.
Aug. 07, 2015 Notice of Transfer.
Aug. 07, 2015 Amended Notice of Hearing by Video Teleconference (hearing set for August 12, 2015; 9:00 a.m.; Miami and Tallahassee, FL; amended as to Video and Location).
Aug. 05, 2015 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Aug. 03, 2015 Notice of Filing Respondent's Witness List filed.
Aug. 03, 2015 Notice of Filing Respondent's Proposed Exhibit List filed.
Jul. 01, 2015 Order of Pre-hearing Instructions.
Jul. 01, 2015 Notice of Hearing (hearing set for August 12, 2015; 9:00 a.m.; Miami, FL).
Jun. 25, 2015 Joint Response to Initial Order filed.
Jun. 18, 2015 Initial Order.
Jun. 18, 2015 Request for Administrative Hearing filed.
Jun. 18, 2015 Denial of Exemption from Disqualification filed.
Jun. 18, 2015 Notice (of Agency referral) filed.

Orders for Case No: 15-003456EXE
Issue Date Document Summary
Oct. 02, 2015 Agency Final Order
Sep. 02, 2015 Recommended Order Petitioner was rehabilitated from the disqualifying offense of domestic battery which occurred 28 years prior to her application for an exemption under chapter 435, and it would constitute an abuse of discretion for the APD to deny her application.
Source:  Florida - Division of Administrative Hearings

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