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PHILLIP MCTAGGART vs PENSACOLA BAY TRANSPORTATION COMPANY, 10-001182 (2010)
Division of Administrative Hearings, Florida Filed:Pensacola, Florida Mar. 10, 2010 Number: 10-001182 Latest Update: Aug. 11, 2010

The Issue The issue is whether Respondent discriminated against Petitioner based on Petitioner's race.

Findings Of Fact Petitioner, Phillip McTaggart, is a white male who retired after more than 20 years in the United States Air Force (including the reserves), and 18 years with Delta Airlines. Respondent, Pensacola Bay Transportation Company, specializes in the transportation of people with special transportation needs, including the elderly, disabled, and economically disadvantaged. Respondent contracts with the Escambia Area Transit Service, the local coordination board of the Florida Commission for the Transportation Disadvantaged, to provide these services. Many of Respondent's customers are wheel-chair bound or otherwise need assistance with transportation. Respondent uses both automobiles and specially designed buses for the transportation of wheel-chair bound customers. Petitioner applied for a job with Respondent by filling out an application on January 20, 2009. His application did not specify for which position he was applying. Respondent had hired a white driver just days before Petitioner's application. Respondent hired three African- American drivers after Petitioner applied. Each of the hired drivers stated on their applications that they were applying for driver positions. The last driver hired by Respondent in 2009 was on April 13. All of the drivers hired after Petitioner applied had submitted their application before Petitioner applied. Each of the hired drivers' application reflected previous wages in line with wages paid to other drivers in the Pensacola area. Petitioner's application showed he had earned wages at his previous jobs that significantly exceeded the wages Respondent was paying its drivers. Petitioner testified that he either re-applied or updated his application for a driver position in May 2009, but Respondent has no record of the subsequent application. Petitioner contends, through the use of a vocational expert, that Respondent hires minority candidates for its driver workforce at a rate that far exceeds the demographics of the Pensacola area. Also, a large number of the drivers are minority women, who statistically receive lower wages than white male employees based upon national Department of Labor figures. Petitioner contends that he was discriminated against by being a white male with a history of receiving higher wages than the typical driver employed by Respondent. Some companies refuse to hire individuals they believe are overqualified for the position for which they apply. The reasons for this failure to hire the "overqualified" are that they command higher wages, as well as a general fear they will leave to seek higher-paying employment. Petitioner listed on his application his previous experience in the Air Force as an aircraft mechanic. He listed his previous experience with Delta Airlines as a customer service agent in public relations, baggage, and ticketing. Nowhere did Petitioner hint at previous experience as a driver. Petitioner's updated resume, which he testified he supplied to Respondent with his application failed to make mention of any professional driving experience. He testified at hearing, however, that when he went to update his application in May 2009, he told Respondent's personnel that he had driving experience from his time serving in the Air Force. Respondent is a unionized company that operates under a collective bargaining agreement (CBA). Its wages are set by the CBA. Petitioner's vocational expert was not aware of the company's union status when she performed her wage study for the Pensacola area. Respondent inherited many of its employees from a company it acquired in 2001. The company was required to keep these employees at the wages they were already receiving under the CBA. Respondent had never hired a driver with an employment background matching Petitioner's. Tammie Nelms, the human resources manager for Respondent, liked the fact that Petitioner had such a stable work history. She would have called him back had she known he was seeking a driver position. Although Respondent has a box full of driver applications (about 50 applied in 2009 alone), few whites apply for driver positions at Respondent's Pensacola location. The company has three white maintenance workers in the Pensacola location. White drivers more commonly apply at Respondent's Santa Rosa County location. Respondent has a policy of non-discrimination in the hiring of employees.

Recommendation it is Based upon the Findings of Fact and Conclusions of Law, RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief. DONE AND ENTERED this 1st day of June, 2010, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 1st day of June, 2010. COPIES FURNISHED: Ryan M. Barnett, Esquire Whibbs & Stone, P.A. 801 West Romana Street, Unit C Pensacola, Florida 32501 Elizabeth Darby Rehm, Esquire The Kullman Firm Post Office Box 1287 Mobile, Alabama 36633 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2900 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Larry Kranert, General Counsel Florida Commission on Human Relations 2900 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301

Florida Laws (3) 120.569760.10760.11
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DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES vs WORLD SHELL, INC., 09-006676 (2009)
Division of Administrative Hearings, Florida Filed:Tampa, Florida Dec. 09, 2009 Number: 09-006676 Latest Update: Mar. 18, 2010

Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by Daniel M. Kilbride , an Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner's Motion to Relinquish Jurisdiction based on a Settlement Stipulation entered into between the parties, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File as its Final Order in this matter. Accordingly it is FOUND and ORDERED as follows: That Respondent shall pay an administrative fine in the amount of two hundred fifty dollars ($250.00) per count for a total of four thousand two hundred fifty dollars ($4,250.00). The fine shall be paid in four monthly payments. The first payment of $1,250.00 to be paid on or before April 16, 2010. The second payment of $1,000.00 to be paid on or before May 16, 2010. The third payment of $1,000.00 to be paid on or before June 16, 2010. The fourth Filed March 18, 2010 4:17 PM Division of Administrative Hearings. and final payment of $1,000.00 to be paid on or before July 16, 2010. All payments are to be made by returning a copy of the order with payment to: Department of Highway Safety and Motor Vehicles Office of the Hearing Officer Division of Motor Vehicles 2900 Apalachee Parkway, Room A308, MS-61 Tallahassee, Florida 32399-0600 If Respondent pays each installment of the amount specified in paragraph one above within the specified time the Department will impose no further penalties or sanctions against Respondent. However, if Respondent fails to pay any installment as specified in paragraph one, on the day following the due date of the installment, Respondent's motor vehicle dealer license will be automatically suspended and Respondent will cease to do business as a motor vehicle dealer. If, after suspension Respondent pays the past due installment before the due date of the next installment, its motor vehicle dealer license will immediately be reinstated without further penalties or sanctions. However, if Respondent fails to pay the past due installment by the due date of the next installment, the Department will revoke Respondent's motor vehicle dealer license. If the Department suspends or revokes Respondent's motor vehicle dealer license for non-payment as specified in paragraphs two and three said suspension or revocation shall be without recourse to the Respondent and Respondent hereby expressly waives any right to appeal or otherwise contest the suspension and revocation./ / DONE AND ORDERED this / gday of March 2010, at Tallahassee, Leon County, Florida. Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS-60 Tallahassee, Florida 32399-0600 Filed in the official records of the Division of Motor Vehicles this ay of March 2010. NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rule 9.110, Rules of Appellate Procedure. CAF:jdc Copies furnished: Gary Konopka Regional Administrator Dealer License Section Riad I. Kantar, President World Shell, Inc. 7161 Augusto Boulevard Seminole, Florida 33777 FALR Post Office Box 385 Gainesville, Florida 32602

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MONROE COUNTY SCHOOL BOARD vs KATHY PRICE, 14-001370 (2014)
Division of Administrative Hearings, Florida Filed:Marathon, Florida Mar. 24, 2014 Number: 14-001370 Latest Update: Jan. 11, 2025
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CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs. GRADY HENRY ATWELL, 82-003471 (1982)
Division of Administrative Hearings, Florida Number: 82-003471 Latest Update: Aug. 31, 1984

The Issue This case concerns the issue of whether the Respondent's law enforcement officer certification should be suspended, revoked, or otherwise disciplined for multiple violations of Section 943.145(3), Florida Statutes (1981). At the formal hearing the Petitioner called as witnesses Virgil P. Sandlin, David Charles Myers, Joseph Weil, and Neal Branch. Petitioner offered and had admitted into evidence four exhibits. The Respondent testified on his own behalf and offered no exhibits into evidence. Subsequent to the formal hearing, the Respondent filed a motion to supplement the record and that motion is denied on the basis that the documents sought to be made a part of the record are irrelevant to these proceedings. Respondent also filed a motion to dismiss and that motion is hereby denied. Counsel for Petitioner and Respondent filed proposed Findings of Fact and Conclusions of Law for consideration by the Hearing Officer. To the extent that those proposed findings and conclusions are inconsistent with this order, they were rejected as not being supported by the evidence or as irrelevant to the resolution of this cause.

Findings Of Fact At all times relevant to these proceedings the Respondent was and is the holder of law enforcement certificate number 02-13259. That certificate is now in inactive status. During the months of April through November, 1981, the Respondent was an employee of the Florida Game and Fresh Water Fish Commission and was under the supervision of Blanchard Neal Branch. While employed with the Commission as an investigator, Atwell was issued a Toyota pickup truck, firearms, credentials, and confidential identification. The identification was a driver's license with Atwell's cover name. This driver's license was to be used strictly for identification and Respondent had been instructed of this fact on several occasions prior to June, 1981. Respondent was also issued a credit card for the purchase of gasoline for the government vehicle only. On June 24, 1981, Respondent was stopped for speeding by Florida Highway Patrol Trooper Virgil P. Sandlin. When stopped Respondent gave his name as Robert Leonard Austin and gave the trooper his confidential identification as his driver's license. The name, Robert Leonard Austin, was Respondent's cover name and the name that appeared on the license. This stop took place on U.S. 19 about five or six miles north of Inglis, Florida. The Respondent was given a ticket for driving 69 miles per hour in a 55-mile-per-hour zone. At the time he was stopped, Respondent had another individual in the truck with him. Approximately a month after the citation was issued Respondent contacted Trooper Sandlin and asked to meet with him. Trooper Sandlin did meet with Respondent and Respondent showed him his badge and asked the trooper to speak with the judge and ask him to withhold adjudication on the speeding ticket. Trooper Sandlin said he would do it as a professional courtesy. During this meeting Respondent used the name of Bobby Austin. As a result of the citation Respondent was found guilty and fined $25. The case was heard on August 13, 1981, and the fine was to be paid within ten days. The fine was not paid and the Department of Highway Safety and Motor Vehicles was notified to suspend Respondent's confidential driver's license. After learning of this, Captain Branch ordered Respondent to go to the court in Levy County and pay the fine. At the time of the stop in Levy County on June 24, 1981, Respondent was assigned to an undercover investigation in Dixie County and had lost complete contact with his backups for the 24-hour period in which he had been stopped. Prior to being assigned to the Dixie County investigation, Respondent had been assigned to an investigation in Levy County, but was not authorized to work on that investigation during the time he was assigned to the Dixie County investigation. Prior to June 24, 1981, Respondent had been counseled about driving at excessive speeds and had been cautioned to abide by the speed limits posted. On October 31, 1981, Respondent was stopped for speeding near Chiefland, Florida. The officer did not get an official clocking on Respondent's truck but estimated his speed to be in the range of 55 to 70 miles per hour in a 30-mile-per-hour zone. When the Chiefland police officer, David C. Myers, stopped the Respondent, he shined his spotlight on Respondent's vehicle and Respondent got out of the vehicle with his hands up. The police officer had radioed in a description of the truck and was informed that a vehicle meeting that description had been involved in a domestic dispute earlier in the day. As a result of this information, when Respondent gave the officer his driver's license, the officer began to run a wanted check on the license, which carried a Quincy address. At this time Respondent gave the officer a second driver's license with the same picture. He also showed the officer his credentials and explained that he was in the area working undercover with the Game and Fresh Water Fish Commission. Respondent described for the officer the case on which he was working. At no time during this stop did the officer draw his weapon. No charges were brought by the officer. After this incident Respondent informed Captain Branch, his supervisor, that he had had a run-in with a Chiefland police officer and that the officer had pulled a gun on him. Captain Branch called the police officer and questioned him about the incident. The officer denied pulling his gun and Captain Branch again questioned Atwell about the incident. Atwell again stated that the officer had pulled a gun and demonstrated the combat stance the officer had taken. At the time he was stopped in Chiefland, Respondent was assigned to an undercover investigation in Levy County where Chiefland is located. Because of problems relating to unauthorized trip extensions and problems with per diem (the method Respondent had used for claiming per diem), Respondent had been counseled and placed on a very strict schedule prior to October, 1981. He was instructed in each assignment as to when he would report to the assignment and when he would return. He was also given a call-in schedule and was instructed to call in and get authorization for any change or extension of his return time. In October, 1981, Respondent had two unauthorized trip extensions. On or about October 9, 1981, Respondent was on a trip and extended the trip two or three days without authorization. He did not call in and his supervisor had no knowledge of his whereabouts for that two- or three-day period. On October 23, 1981, Respondent left on a trip and was instructed to return no later than the morning of October 25, 1981. Respondent did not return and did not call in until October 27, 1981, when Captain Branch received a call from Respondent from his home in Quincy. He was two days overdue. When questioned about the unauthorized extension, Respondent stated he was with the subject of the investigation the entire time and could not call in. However, Respondent's investigative report revealed that he was not with the subject from midnight on October 24 to 1:00 p.m. on October 25, and from midnight on October 25 to the afternoon of October 26. Respondent could have called in during these time periods. During his employment with the Florida Game and Fresh Water Fish Commission the Respondent was counseled regarding irregularities in his per diem travel expense reports and vehicle cost reports. During the months of April through October, 1981, there were numerous discrepancies and unexplained irregularities in the travel expense reports, vehicle cost reports, law enforcement itinerary, and law enforcement investigative activity reports filed by Respondent. These irregularities include: A per diem report filed by Respondent reflects that he was on assignment in Levy County from 5:00 p.m. on April 9, 1981, through 8:00 a.m. on April 12, 1981. Per diem for this period was claimed and paid. On April 10, 1981, 20.7.gallons of gasoline were purchased in Quincy on Respondent's government credit card. On April 11, 1981, 31.2 gallons of gasoline were purchased in Chattahoochee on Respondent's government credit card. The itinerary report filed by Respondent for April 14, 1981, indicates 8 hours of duty. However, Respondent's vehicle cost report for the same date indicates his vehicle was in Quincy (home) on April 14. On April 18, 1981, Respondent purchased 18 gallons of gasoline in Quincy. On April 21, 1981, Respondent purchased 30.7 gallons of gasoline in Quincy. Respondent's itinerary for this period states that he was off duty on April 18 and 19 and worked in Tallahassee on April 20. The cost report for Respondent's vehicle indicates 266 miles were driven to Tallahassee and back to Quincy and vicinity. On April 24, 1981, Respondent purchased 33.3 gallons of gasoline in Quincy and on April 27, 1981, purchased 35.4 gallons of gasoline in Quincy. The itinerary report filed by Respondent for this period reflects that he was off duty April 24 through April 26, 1981, and worked four hours in Tallahassee on April 27. Respondent's vehicle cost report shows Respondent's vehicle was idle during this period except for a trip to Tallahassee. 70 miles were reported as driven during this period, but 35.4 gallons of gasoline were purchased. On May 15, 1981, 32 gallons of gasoline were purchased on Respondent's government credit card. On May 16, 1981, 31.9 gallons of gasoline were purchased on Respondent's government credit card. These purchases were made on a credit card issued in the name of Fredrick R. Tedder, an alias used by Respondent in a prior case. On May 19, 1981, 28.3 gallons of gasoline were purchased by Respondent on his government credit card in Quincy, Florida. Respondent's itinerary indicates he was off duty May 16 and 17 and worked in Tallahassee on May 18. The purchase on May 16 was not logged on the vehicle cost report and no receipts were submitted for this purchase. On May 23, 1981, Respondent purchased 12.2 gallons of gasoline in Quincy and on May 26, 1981, purchased 32.3 gallons of gasoline in Quincy. Respondent's itinerary report shows he was off duty May 23 and 24, and worked four hours in Tallahassee on May 25. The vehicle cost report shows the vehicle was idle on May 24 and made a trip to Tallahassee on May 25. 75 miles were reported as driven on these dates, but 32.3 gallons of gasoline were purchased. On June 6, 1981, Respondent purchased 17.4 gallons of gasoline in Quincy and on June 10, 1981, purchased 31 gallons of gasoline in Quincy. Respondent's itinerary report reflects that he was off duty June 6, 7, and 8 and worked 6 hours in Tallahassee on June 9. 18 miles were reported as driven on these dates but 31 gallons of gasoline were purchased. The purchase on June 6, was not logged on the vehicle cost report and Respondent submitted no receipts for this purchase. On June 11, 1981, Respondent purchased 11.2 gallons of gasoline in Crystal River, Citrus County, Florida. Respondent's travel voucher, itinerary report and investigative report show activities in Levy County from June 10 to June 12. The June 11 purchase was not logged on the vehicle cost report and no receipts were turned in. The license tag number recorded by the station attendant was not that of Respondent's commission-issued vehicle but was the tag number of a vehicle registered to Anita M. Simzyk of Inglis, Florida. On June 12, 1981, Respondent purchased 27.5 gallons of gasoline in Quincy and on June 16 purchased 23.6 gallons of gasoline in Capps, Florida. Respondent's itinerary report shows he was off duty on June 13 and 14 and worked in Tallahassee 6 hours on June 15. The vehicle cost report shows Respondent's vehicle was idle on these dates except for a trip to Tallahassee on June 15. 70 miles were reported as driven on these dates, but 23.6 gallons of gasoline were purchased. On June 17, 1981, Respondent purchased 36 gallons of gasoline in Chiefland, Levy County, Florida. Respondent's travel voucher indicates he left Tallahassee at 9:00 a.m. on June 16, en route to Dixie County and returned to Tallahassee at 1:00 p.m. on June 19. Respondent's investigative trip report indicates he arrived in Cross City, Dixie County, at 10:00 a.m. on June 16, went to Inglis in south Levy County from 10:00 p.m. to 11:30 p.m. on June 16 and returned to Cross City until midday on June 19. The vehicle cost report and itinerary also indicate detail in Dixie County during this period. On July 1, 1981, Respondent purchased 19.9 gallons of gasoline in Chiefland, Levy County, Florida. Respondent's travel voucher indicates he left Tallahassee for Dixie County at 2:00 p.m. on June 30 and returned to Tallahassee at 8:00 p.m. on July 3. No investigative trip report was submitted for this period and the vehicle cost report and itinerary report indicate detail in Dixie County during this period. On July 9 and July 13, 1981, Respondent's itinerary report shows 10 hours duty and 3 hours duty respectively. Respondent's vehicle cost report indicates his vehicle was idle on these two dates. On July 10, 1981, Respondent purchased 31.3 gallons of gasoline in Quincy and on July 14, 1981, purchased 29.3 gallons of gasoline in Quincy. Respondent's itinerary report indicates he was off duty July 4 and 5, worked in Tallahassee July 6 and 7, was off duty July 8, worked in Tallahassee July 9 and 10, was off duty July 11 and 12 and worked in Tallahassee July 13. The vehicle cost report indicates Respondent's vehicle was idle on these dates except for trips to Tallahassee on July 6, 7, and 10. There were 196 miles reported as driven during this period, but 60.6 gallons of gasoline were purchased. A travel voucher filed by Respondent indicates he left Tallahassee for Inglis at 10:00 a.m. on July 22, 1981, and returned to Tallahassee on July 24 at 4:00 a.m. There was $100 in per diem paid for this trip but no investigative report was filed for this period indicating travel to Inglis. The vehicle cost report shows travel from Tallahassee to Key West on July 19, Key West to Inglis on July 22 and return from Inglis to Tallahassee on July 23. On July 20, 1981, Respondent purchased 32.9 gallons of gasoline in Quincy. On July 25, 1981, Respondent purchased 33 gallons of gasoline in Quincy, Florida. On July 28, Respondent purchased 14.3 gallons of gasoline in Quincy. Respondent's travel voucher indicates he returned to Tallahassee at 4:00 a.m. on July 24. His itinerary indicates he was off duty on July 24, worked 7 hours on July 25, was off duty July 26, and worked 5 hours in Tallahassee on July 27. Respondent's vehicle cost report indicates his vehicle was idle on these dates except for trips to Tallahassee on July 25 and July 27. 230 miles were reported as driven during this period and 14.3 gallons of gasoline were purchased. On July 24, 1981, Respondent claimed investigative expense money. His itinerary for July 24, 1981, indicates he was off duty on July 24. On August 1 and 2, Respondent claimed investigative expense money of $8.75 and $6.50 respectively. Respondent's itinerary shows he was off duty both of these days. Respondent submitted no vehicle cost information for the period August 1 to August 10. The last logged mileage on July 31, 1981, was 52,282 and the next logged mileage was 53,525 on August 10. 1,243 miles were reported as driven during this period and 950 miles were unaccounted for. On August 6, 1981, Respondent purchased 37 gallons of gasoline in Quincy, Florida. Respondent's itinerary indicates he was off duty August 1 through 5. The July 6 purchase was not logged on the vehicle cost report and no receipts were turned in for the purchase. Respondent's travel voucher indicates he left Tallahassee for Inglis at 11:00 a.m. on August 6. His investigative trip report indicates he arrived in Inglis at 4:30 p.m. on August 6 and returned to Tallahassee on August 10 at 8:30 p.m. The distance from Tallahassee to Inglis round trip is 290 miles. The Respondent purchased 14.2 gallons of gasoline in Otter Creek and 31.9 gallons of gasoline in Crystal River on August 10, 1981. The purchase in Otter Creek was not recorded on the vehicle cost report. On September 2, 4, and 8, respectively, Respondent purchased 23.2 gallons of gasoline, 29 gallons of gasoline, and 27.4 gallons of gasoline in Quincy, Florida. Simultaneous with the purchase of 27.4 gallons on September 8, the Respondent also purchased 14.9 gallons of gasoline in Quincy. An itinerary filed by the Respondent indicates he was off duty from September 1 through September 3, worked 8 hours in Tallahassee on September 4, and was off duty September 5 through September 9. The vehicle cost report reflects that Respondent's government truck was idle during this time period except for the trip to Tallahassee on September 4. The 14.9 gallons of gasoline purchased on September 8 were not recorded on the vehicle cost report and no receipts were turned in for this purchase. 632 miles were recorded as driven and 94.5 gallons of gasoline were purchased during this time period. Respondent's itinerary indicates he worked 7 hours on September 21, and the vehicle cost report indicates Respondent's vehicle was in Levy County on September 21. However, Respondent's trip report and travel vouchers show that he returned to Tallahassee at 10:00 p.m. on September 20. Respondent's travel voucher reflects he left Tallahassee at 2:00 p.m. on September 24 en route to Inglis. His investigative trip report states that Respondent arrived in Inglis at 6:00 p.m. on September 24 and went back and forth from Inglis to Floral City until September 29. Respondent's travel voucher and trip report state that he returned to Tallahassee at 7:00 p.m. on September 29. However, an additional day of per diem for September 30, was added after the last entry on September 29. On October 1, 1981, Respondent purchased 23 gallons of gasoline in Quincy. Respondent's travel voucher stated he returned from Inglis at 7:00 p.m. on September 29 and the recorded ending mileage was 59,529. Respondent's itinerary report indicates he worked in Tallahassee 6 hours on September 30 and 10 hours on October 1. The recorded ending mileage on October 1 was 59,870. 341 miles miles were recorded as driven during this period and 23 gallons of gasoline were purchased. On October 6, Respondent's itinerary report indicates he worked 6 hours. His vehicle cost report for the same date reflects his vehicle was idle that date. Respondent's travel voucher indicates he left Tallahassee at 5:30 a.m. en route to Cross City and returned to Tallahassee at 11:00 p.m. the same day. Respondent's itinerary report indicates he was on duty 3 hours that date. Respondent's travel voucher states that he left Tallahassee at 5:30 a.m. on October 13, en route to Cross City and returned at 11:30 p.m. the same day. His itinerary report shows Respondent was off duty on October 13. The vehicle cost report indicates travel from Quincy to Cross City on both October 12 and October 13. On October 15, 1981, Respondent purchased 23.8 gallons of gasoline in Chiefland, Levy County, Florida. His itinerary report for the same date indicates he was off duty. The vehicle issued to Respondent was a four-cylinder Toyota pickup truck with dual fuel tanks. This truck was to be used for official state business only.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Criminal Justice Standards and Training Commission enter a Final Order finding Respondent guilty of violating Section 943.145(3)(c), Florida Statutes (1981) , and revoking Respondent's law enforcement officer certificate. DONE AND ENTERED this 27th day of March, 1984, at Tallahassee, Florida. MARVIN E. CHAVIS, 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 27th day of March, 1984. COPIES FURNISHED: Dennis S. Valente, Esquire Division of Criminal Justice Standards and Training Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Mr. Grady Henry Atwell Post Office Box 667 Quincy, Florida 32351 Robert R. Dempsey, Executive Director Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Daryl G. McLaughlin, Director Division of Criminal Justice Standards and Training Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302

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