Findings Of Fact Question 13 on Petitioner's application for an unarmed guard license reads as follows: "Have you ever been arrested". In response thereto, Petitioner answered in the affirmative and, in accordance with the instructions to list all arrests, stated that he had been arrested for breaking and entering in 1965, at which time he served one year in prison; and that he had been arrested for armed robbery in 1969, at which time he was sentenced to five to ten years in prison. No other arrests were listed. Petitioner's application was signed under oath and recited that all information contained in the application was true and correct. Petitioner is presently on probation from his armed robbery conviction, and his probationary period will not expire until March 4, 1981. His civil rights have not been restored from that conviction, although he intends to apply for restoration upon completion of his parole period. At the time that the Petitioner's employer was assisting him in completing his application, Petitioner indicated to Mr. Martin that Petitioner had been arrested and convicted of offenses in addition to those revealed on his application. Those omitted arrests and/or convictions include fighting and unlawful assembly in 1962; assault with a knife in 1964; buying, receiving and concealing stolen property in 1966; assault and battery in 1968; and prison breach in 1974. Although Petitioner's parole officer believes he is being rehabilitated, Ms. Barrett, in the two and one-half years she has known Petitioner, only speaks to him on the telephone once a month and sees him every two months. More importantly, Ms. Barrett is unable to state that she would hire Petitioner as a security guard at her home.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED THAT: A final order be entered denying Petitioner's application for a Class "F" Unarmed Guard License. RECOMMENDED this 20th day of June, 1980, in Tallahassee, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Mr. John C. Henderson 1771 North East 176th Street North Miami Beach, Florida 33162 W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Don Hazelton, Director Division of Licensing Department of State The Capitol Tallahassee, Florida 32301 The Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against him, and, if so, what disciplinary action should be taken against him, if any.
Findings Of Fact Respondent, Melvin Roberts, was born on July 14, 1967. He was certified by the Criminal Justice Standards and Training Commission on March 1, 1993, and was issued correctional certificate numbered 151525. Respondent has been employed as a certified correctional officer with the Florida Department of Corrections since January 29, 1993. On October 28, 1994, Officer Elise Dillard-Gonzalez of the Miami-Dade Police Department was working as part of an undercover prostitution sting at Southwest 8th Street and 69 Avenue. At approximately 11:10 p.m., Respondent, who was alone, pulled over to the curb and motioned to her to approach his vehicle. When she did, he requested a "fuck for $20." She signaled to the undercover officers across the street, and Respondent was arrested for soliciting prostitution, in violation of Section 796.07, Florida Statutes. On November 10, 1994, Officer Sonja Crespo of the City of Miami Police Department was working as part of an undercover prostitution sting at Biscayne Boulevard and Northeast 73rd Street in Miami. Respondent, who was alone, approached her and gestured at her by placing a finger on one hand through a circle made by the fingers on his other hand. When she went over to Respondent's vehicle, he offered her $20 for a "fuck." She signaled to other near-by police officers, and Respondent was arrested for soliciting prostitution, in violation of Section 796.07, Florida Statutes. Rather than going forward on the charges for the two arrests, the State Attorney's Office agreed to place Respondent in some type of pre-trial diversionary program. Respondent was suspended from his employment with the Florida Department of Corrections for 10 consecutive days beginning April 17, 1995, for failing to report his arrests to his employer within 3 days and for being arrested, conduct unbecoming a correctional officer. Other than the October and November 1994 arrests, Respondent has not been arrested. Other than the disciplinary action imposed in April 1995, Respondent has had no disciplinary action taken against him as a correctional officer for the State of Florida. The superintendent at the Dade Correctional Institution where Respondent is employed considers Respondent to be a good employee and would like to continue Respondent's employment.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the allegations contained in the Administrative Complaint filed against him, finding mitigating factors to be present, and suspending Respondent's certification as a correctional officer for 20 days. DONE AND ENTERED this 7th day of May, 1999, in Tallahassee, Leon County, Florida. LINDA M. RIGOT Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of May, 1999. COPIES FURNISHED: James D. Martin, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 H. R. Bishop, Jr., Esquire 300 East Brevard Street Tallahassee, Florida 32301 A. Leon Lowry, II, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact Gus B. Patterson is an applicant for a guard license for which he has filed an application with the Division of Licensing, Department of State. On his application, Patterson reveals that he has been arrested several times for various offenses. Patterson also showed that he had been employed as an armed guard for Pat Lane from 1972 to 1974. During this period he had been promoted to a supervisor. He was subsequently employed by Bradley, and held that position for three years until a new licensing requirement was enacted. He thereafter applied and his application was denied. The primary areas of concern to the Division of Licensing, Department of State were the allegations that Patterson had been arrested for breaking and entering in 1968. In 1975 Patterson was arrested for striking another car and sentenced to ten days for driving while intoxicated in lieu of paying $150 fine. He was also arrested and paid a fine for receiving stollen property, specifically an inspection certificate for his automobile which his daughter had obtained when she was suppose to get the car inspected. Patterson explained that he had had a series of brushes with the law rising out of his marriage in New York State. This culminated in his pleading guilty to a reduced charge of assault and burglary in 1968. In addition to the facts presented at the hearing, the Hearing Officer had an opportunity to observe and consider Mr. Patterson's testimony. Mr. Patterson is a mature black male who has a dry sense of humor and can, at this point in his life, laugh about the problems which he had with his ex-wife and the problems which this created for him. Since 1968, Patterson has obtained custody of one of his children from that marriage who resides with Patterson in his home in Miami. Patterson explained that he entered his plea of guilty because he had been in pretrial confinement for approximately one year and had used all of his money to pay an attorney from Georgia to represent him who the judge would not permit to appear in his behalf because he was not a member of the bar of New York.
Recommendation Based on the findings of fact, conclusions of law and factors in mitigation, the Hearing Officer would recommend that the Division of Licensing, Department of State grant Gus B. Patterson a class F license as an unarmed watchman, guard or patrolman employee. DONE AND ORDERED this 21st day of July 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of July, 1978. COPIES FURNISHED: Arlyne Warshall, Esquire Legal Services of Greater Miami, Inc. Post Office Box 47000N Miami, Florida 33147 Gus B. Patterson 2500 North West 173rd Terrace Opa Locka, Florida Gerald B. Curington, Esquire Department of State The Capitol Tallahassee, Florida 32304 Marvin Sirotowitz Bureau Chief Division of Licensing The Capitol Tallahassee, Florida 32304
The Issue Whether Petitioner's application for a Florida Educator's Certificate should be granted.
Findings Of Fact On July 5, 1990, Petitioner, Judith Madeline Feldman (Feldman), purchased a $10 rock of cocaine from an undercover police detective during a police operation to combat street level cocaine dealing. The police found a pipe used to smoke cocaine in the console of Feldman's car. The pipe field tested positive for cocaine. As a result of the purchase of the cocaine and the possession of the cocaine pipe, Feldman was arrested and charged with purchasing cocaine, possessing cocaine, and possessing drug paraphernalia. In December 1990, Feldman pled nolo contendere to one count of purchasing cocaine and one count of possession of drug paraphernalia. Adjudication was withheld, and Feldman was placed on probation for two years. By court order dated February 24, 1992, the records concerning the arrest on July 5, 1990, were sealed. In March 1996, Feldman filed an application with the Florida Department of Education for a Florida Educator's Certificate. The application form contains the following inquiry concerning the applicant's arrest record: Have you ever been convicted, found guilty, entered a plea of nolo contendere (no contest), or had adjudication withheld in a criminal offense other than a minor traffic violation (DUI is NOT a minor traffic violation); or are there any criminal charges now pending against you? Failure to answer this question accurately could cause denial of certification. A YES OR NO answer is required by Florida Law. If you check the YES box, you must give the information requested for each charge. Please attach a separate sheet if you need more space. Any record that has NOT been SEALED or EXPUNGED must be reported in this section. Feldman checked the No box on the arrest record section of the application. The application contained a section inquiring about sealed or expunged records. The application contained the following: Have you been convicted or found guilty of a criminal offense other than a minor traffic violation (DUI is NOT a minor traffic violation) and such record(s) was sealed or expunged? Failure to answer this question accurately could cause denial of certification. A YES or NO answer is required by Florida Law. If you check the YES box, you must give the information requested for each charge. Please attach a separate sheet if you need more space. SEALED or EXPUNGED records MUST BE REPORTED pursuant ss. 943.0585 and 943.059, FS. However, the existence of such records WILL NOT BE DISCLOSED nor made part of your certification file which is public record. Feldman checked the No box on the sealed/expunged record section of the application.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner's application should be granted with a one-year probation and appropriate conditions relating to drug screening and counseling during the probation period. DONE AND ENTERED this 16th day of September, 1998, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 16th day of September, 1998. COPIES FURNISHED: Kathleen Richards, Executive Director Education Practices Commission Florida Education Center 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399 Jerry W. Whitmore, Program Director Professional Practices Services Florida Education Center 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399 Bruce P. Taylor, Esquire Post Office Box 131 St. Petersburg, Florida 33731-0131 Judith M. Feldman 5030 26th Street Vero Beach, Florida 32966 Judith M. Feldman 1126 West Oglethorpe Highway Hinesville, Georgia 31313-5415
The Issue The issue in this case is whether Respondent is guilty of the commission of an act of violence or the use of force on any person except in the lawful protection of oneself or another from physical harm.
Findings Of Fact Respondent holds the following licenses: Class "D" Security Officer, Class "G" Statewide Firearm License, and Class "MB" Security Agency Manager. He has held the Class "D" and "G" licenses since September 22, 1992. He has held the Class "MB" license since January 22, 1993. By an Emergency Order of Suspension entered March 4, 1993, Petitioner suspended all three licenses held by Respondent. The suspension was based on Respondent's arrest on February 26, 1993, for aggravated assault with a deadly weapon upon Kimo Little, such act not being in defense of self or another. Respondent is employed by Castlewatch Security Company, where he has worked for one year and three months. For about one and one-half years, Respondent has been negotiating with the current owner of the company for the purchase of the company. Respondent has an associates degree in business from Penn State University. He has been employed in the security business, in and outside Florida, for a little more than six years. In the course of performing his security guard work, Respondent regularly uses a Citizens Band radio in order to maintain contact with security guards in the field, when Respondent is not in the field, or with the main office, when Respondent is in the field. Security guards with other companies also use the CB radio in this fashion, and frequently conversations among security guards take place during the evening hours. On the evening of February 25, 1993, Respondent was on- duty, alone, at Roger Dean Chevrolet. At about 10:30 pm, he witnessed a bad car accident, which left him in an agitated state due to the seriousness of the injuries that he observed. About one-half to one hour later, Respondent was on the CB radio when he overheard Kimo Little and another man engaged in a hostile conversation involving swearing and cutting off the conversations of other security guards. Respondent intervened, advising the main perpetrator, Mr. Little, to discontinue the conversation, or at least the swearing. The conversation between Respondent and Mr. Little became heated. Eventually, they agreed to settle their differences 1/ by fisticuffs at the parking lot of a closed McDonald's. Respondent had not previously arranged fights by way of CB radio. However, on at least two or three occasions, Mr. Little has detected differences of opinion between him and other users of the CB radio and determined the differences to be of such gravity as to require their settlement through combat. While still on the radio with Respondent, Mr. Little stated that he intended to "kick [Respondent's] ass." Mr. Little also explicitly informed Respondent that the fight was to be a "fair fight" without guns. Mr. Little beckoned a friend, Paul LeClair, to drive Mr. Little to the McDonald's for the fight. It is unclear why Respondent went to meet Mr. Little except to fight. At the time, Mr. Little neither knew Respondent's identity or where he worked. When Respondent was relieved at about 11:30 pm, he drove his utility vehicle over to the dimly lit, empty parking lot of the McDonald's. After a quick tour of the parking area, Respondent saw no one and was driving toward the exit when Messrs. Little and LeClair appeared in the latter's truck. In a clearly irritated tone, Mr. Little advised Respondent by radio, "I see you. I'm going to hunt you down like a dog." He then jumped out of Mr. LeClair's vehicle and ran toward Respondent's vehicle, waving his arms in an angry, beckoning fashion. Although Respondent could have left the parking lot, he instead turned his vehicle around and drove toward Mr. Little. As he approached Mr. Little, he got a good view of his adversary. Mr. Little is six feet tall and a menacing 270 pounds. Somewhat smaller than Mr. Little, Respondent quickly surveyed Mr. Little's superior size and enthusiasm, as evidenced by his shouting to the approaching Respondent: "I'm going to tear your fucking head off." Respondent also noted Mr. Little's potential ally, Mr. LeClair, who was standing beside his truck. Respondent quickly decided not to fight Mr. Little. Instead, Respondent drew the 9 mm handgun that he keeps on hand for security work, aimed it at Mr. Little, and warned him, "Come any closer and I'll blow you away." He added for emphasis, "Back off, motherfucker." The distance between the two gentlemen was about three meters. Undaunted by the weapon, Mr. Little implored Respondent, "Just get out of the truck and put the gun away. I'll whip your ass like a man." However, Respondent chose instead to leave the parking area. As he drove away, he called the police and informed them of the situation. Shortly thereafter, the Cape Coral police arrested Respondent, after determining that he had drawn his weapon but had not seen a weapon on Mr. Little. There is no evidence that any criminal case has been initiated or prosecuted.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department of State, Division of Licensing, enter a final order dismissing the Emergency Order of Suspension. ENTERED on April 20, 1993, in Tallahassee, Florida. ROBERT E. MEALE 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 on April 20, 1993.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Petitioner be issued a Class "F" Unarmed Guard License. Upon certification of his employer that his duties require him to be armed, the Hearing Officer recommends that the agency issue the Petitioner a Class "G" Armed Guard License. The Hearing Officer further recommends that the agency adopt a rule restricting all guard agencies from utilizing armed guards where the nature of their assigned duties does not warrant the use of a firearm to carry out their assignment. DONE and ENTERED this 24th day of August, 1979, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of August, 1979. COPIES FURNISHED: W.J. Galdwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, FL 32301 John F. Cuddy, Esquire 333 East Bay Street Jacksonville, FL 32202
Findings Of Fact Petitioner's application for licensure as a real estate salesman reveals that he was born in Miami, Florida, in 1960. In 1979 Petitioner asked a friend to take him to a department store so he could do some shopping. While Petitioner was inside the store shopping, his friend was stealing hub caps in the parking lot until he was caught by the police who arrested both Petitioner and his friend. Petitioner was charged with grand larceny from a building and possession of a barbiturate (methaqualone), but the charges were dropped. In 1981 Petitioner borrowed a car from an acquaintance in order to go out on a date. While Petitioner was driving the car, he was stopped for a traffic violation at which time it was discovered that the borrowed car was a rental car which had been stolen. Although Petitioner was arrested for vehicular theft of an automobile, that charge was dismissed. In 1984 while Petitioner was attempting to locate the home of a friend, he stopped at a house which turned out to. be on the wrong street. As he was returning from the front door of the house to his car, he was stopped by the police. Since the home was located in a neighborhood subject to burglaries and Petitioner did not live in that neighborhood, he was arrested and charged with trespassing and with loitering and prowling. Pursuant to the advice of his public defender, Petitioner plead to one of those charges adjudication was withheld on that charge and the other charge was dropped. Petitioner was not placed on probation and no fine was imposed on him although he believes that he paid court costs. Petitioner disclosed all of the above-described arrests to Respondent in his application for licensure although the application seeks information regarding convictions and not arrests where no conviction or adjudication ever occurs. For the past five years Petitioner has been employed by United Cerebral Palsy. His duties include vehicle maintenance, building maintenance, and lawn maintenance for two group homes. He receives weekly advances from his employer for purchasing supplies. Petitioner has been married for approximately one year.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore, RECOMMENDED that a Final Order be entered approving Petitioner's application for licensure as a real estate salesman, subject to the successful completion of any required examination. DONE and RECOMMENDED this 19th day of November, 1985, at Tallahassee, Florida. LINDA M. RIGOT, 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 19th day of November, 1985. COPIES FURNISHED: Bernard Stefon Gonzalez Post Office Box 610104 North Miami, FL 33261 Ralph Armstead, Esquire Department of Legal Affairs 400 West Robinson Street Orlando, FL 32801 Harold Huff, Executive Director Division of Real Estate 400 West Robinson Street Orlando, FL 32801| Fred Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32301 Salvatore A. Carpino, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, FL 32301
The Issue The issue is whether the Respondent has failed to maintain good moral character.
Findings Of Fact The Respondent was certified by the Criminal Justice Standards Training Commission as a correctional officer on March 21, 1985, and issued Certificate No. 04-85-599-01. At the time of the events which form the basis for the Administrative Complaint, the Respondent was employed as a correctional officer at the Marion Correctional Institution, a correctional facility of the State Department of Corrections. Marion County Sheriff's Deputies, David F. Faircloth, Jr. and Art King, are veteran law enforcement officers who have received training in the detection and recognition of controlled substances, to include marijuana. Both officers have made numerous arrests for the possession of a controlled substance which they suspected was marijuana and which, upon being tested, proved to be marijuana On June 9, 1990, while on regular patrol in Marion County, Florida, Deputy David F. Faircloth, Jr. was directed to investigate an anonymous report of a male and female who had been observed fighting in a white Camaro automobile parked on U.S. Highway 27. While in that vicinity in response to that request, Officer Faircloth responded to a complaint of a disturbance at 1261 N.W. 56th Court, Ocala, Florida. When Deputy Faircloth arrived on the scene, he noticed a white, two-door Camaro. Deputy Faircloth determined upon investigation that the Respondent and Linda Altman, who lived at the address, had engaged in an altercation involving their respective vehicles which were both damaged and parked in the front yard. Both the Respondent and Ms. Altman had been drinking and both were upset. Deputy King was dispatched as a backup and arrived at the Altman residence. Upon his arrival, Deputy King was briefed by Deputy Faircloth, who advised him that both the Respondent and Ms. Altman had been drinking, both were angry with one another, both had engaged in some altercation involving their vehicles which had caused damage to both vehicles, and both were correctional officers. Pursuant to their standard operating procedure, the deputies separated and interviewed separately the Respondent and Ms. Altman. Deputy King talked to the Respondent and Deputy Faircloth talked to Ms. Altman. Deputies Faircloth and King determined that the white Camaro parked at the location belonged to the Respondent. Deputy King stated that he intended to permit the Respondent to leave the scene; however, he was concerned that the Respondent, being a corrections officer, might have a weapon in his vehicle and return to cause more trouble. This testimony is logically inconsistent because if the Respondent had a gun and was released, he could retrieve the gun and return. However, it was on this basis Deputy King asked the Respondent if he could search his vehicle. The Respondent consented to the search of his vehicle by Deputy King. Officer King began his search of the vehicle in the front driver's seat. As Deputy King was leaning into the vehicle, conducting his search, the Respondent leaned over his back into the rear of the automobile and removed a shaving kit from the back seat. The Respondent's unanticipated action startled deputy King, who turned and inquired of the Respondent what he was doing. The Respondent, through words and gestures, indicated to Deputy King that he did not want him to search the shaving kit. The Respondent told Deputy King that there were no guns in the kit; but when Deputy King persisted in being permitted to search the kit, the Respondent indicated that he would open the kit and show Deputy King its contents. When the Respondent unzipped and opened the kit, Deputy King observed at the top of the kit a plastic bag containing dried vegetable matter which Deputy King thought to be marijuana. Deputy King seized as contraband the contents of the plastic bag, and upon administration of a field test for controlled substances, he determined that the substance was marijuana. Deputy King arrested the Respondent, and conducted a search of the Respondent's vehicle where he found a portion of a partially-smoked marijuana cigarette and a device which appeared to be some type of smoking device. The bag of marijuana which Deputy King seized from the Respondent's shaving kit was sent to the Florida Department of Law Enforcement crime laboratory for analysis. The crime laboratory concluded that the plastic bag contained 4.7 grams of cannabis or marijuana. One cannot determine from the report whether the burnt cigarette was tested and determined to be marijuana. Although Deputy King filed charges against the Respondent, the charges were later dismissed by the prosecutor for reasons unknown to Deputies King and Faircloth.
The Issue Whether or not Respondent falsified his application for employment warranting his dismissal from employment by the School Board.
Findings Of Fact Respondent has been employed by Petitioner as a bus driver since 1989. When Respondent filed his application for employment with Petitioner, he failed to divulge the following arrests: 1983 - Aggravated battery. 1984 - Disorderly conduct and battery. 1985 - Petit larceny. 1985 - Resisting arrest without violence. 1987 - Possession of marijuana. During early 1993, the St. Petersburg Times, a local newspaper, conducted an investigation of Petitioner's employees which included compiling arrest records of all employees. Included within that compilation and investigation were the above-referenced arrests of Respondent which were not noted (by Respondent) on his employment application. Respondent does not contest the fact that he was arrested and found guilty of all the above-referenced arrests. Based on his failure to disclose those arrests, he was dismissed on March 25, 1993 for falsifying his employment application. However, he maintains that one other employee with a similar employment record, Debbie Hillman, was reassigned by Petitioner and maintained her employment, with the result that he was treated differently than other employees. Administrator Barker conducts investigations of employee conduct and at times makes recommendations respecting the employment and continued employment of Petitioner's employees. Mr. Barker recommended that Respondent be terminated when Respondent's arrest records came to his attention. Relying on the number of arrests and the nature of one arrest and conviction, particularly the offense relating to possession of marijuana during 1987, Mr. Barker determined that Respondent would not have been hired as a bus driver. This was so based upon the potential that students would be injured while Respondent drove the school bus if he did so while under the influence of drugs. Mr. Barker was familiar with the Debbie Hillman reassignment. Specifically, employee Hillman approached one of Petitioner's supervisory employees, Dr. Crosby, and advised him of a drug problem that she had and requested treatment. Ms. Hillman was enrolled in a drug treatment program where she was subjected to random and monthly urinalysis. Ms. Hillman was allowed to transfer to another position after her completion of rehabilitation because she came forth with the information and moreover, she did not falsify arrest records on her employment application. Ms. Hillman's case is factually distinguishable from Respondent's case and, therefore, does not show that Respondent was treated differently or more harshly than other employees.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Petitioner enter a Final Order sustaining its dismissal of Respondent as a bus driver with the Pinellas County School Board. DONE AND ENTERED this 2nd day of November, 1993, in Tallahassee, Florida. COPIES FURNISHED: Keith B. Martin, Esq. Pinellas County School Board Post Office Box 2942 Largo, Florida 34649-2942 JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of November, 1993. Leroy Brown 12048 135th Avenue North Largo, Florida 34640 Honorable Betty Castor Commissioner of Education Department of Education The Capitol Tallahassee, Florida 32399-0400 Dr. J. Howard Hinesley Superintendent Pinellas County School Board Post Office Box 2942 Largo, Florida 34649-2942
Findings Of Fact Curtis Dorman, Petitioner, submitted his application for a Class "D" unarmed security guard license to the Department of State, Respondent, on or about March 13, 1985. The application sought information about arrests, and Petitioner indicated on the application that he had been arrested in 1961 for driving under the influence, in 1963 for buying stolen property and in 1972 for carrying a weapon. It is further shown on his application that a fine was imposed for the arrest in 1961, but that he was found not guilty of the 1972 offense, and that adjudication was withheld in the 1963 incident involving buying stolen property. Respondent denied Petitioner's application based upon information it received indicating that Petitioner had been arrested twelve times between 1949 and 1982. These arrests were enumerated in a letter of denial dated May 23, 1985, and included three arrests for driving under the influence, one for drunkenness, one for prowling, two for assault, one for contempt of court, one for resisting arrest, two for carrying or possessing a concealed firearm, and one for possession of stolen property. The most recent arrest listed in the letter of denial was on March 30, 1982, for possession of stolen property. Prior to this arrest, Petitioner had not been arrested since 1974 when it was indicated that he had been arrested once each for resisting arrest and possession of a firearm. Respondent offered no evidence to support all of the matters asserted in the letter of denial, and the letter itself is not sufficient to establish the truth of the matters asserted therein. Evidence received as a result of the hearing shows that Petitioner was acquitted of a 1963 charge of aggravated assault, found not guilty of carrying or possessing a concealed firearm in 1974, adjudication was withheld in 1970 on a similar charge, and he was placed on unsupervised probation for six months in 1982 resulting from his arrest for the possession of stolen property. These are the only arrests established in the record. Concerning the 1982 offense, Petitioner bought four cartoons of stolen cigarettes and was charged with grand theft, second degree. This charge was then reduced to petit theft, adjudication was withheld, and he was placed on six month's non-reporting probation. Petitioner did not indicate his 1982 arrest on his application, but instead showed this offense as occurring in 1963 and that adjudication had been withheld. He testified that it was not his intent to conceal this offense when he completed his application, but that he simply made a mistake about the date. Based upon his demeanor at the hearing, Petitioner's testimony in this regard is credible. It is unlikely he would have intentionally misrepresented the date of this offense and still correctly revealed the offense itself and its disposition.
Recommendation Based upon the foregoing it is recommended that Petitioner's application for a Class "D" unarmed security guard license be granted. DONE and ENTERED this 13th day of September 1985, at Tallahassee, Florida. DONALD D. CONN 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 13th day of September, 1985. COPIES FURNISHED: James C. Brannen, Esquire 6371 Southwest 36th Street Miami, Florida 33155 James V. Antista, Esquire Department of State The Capitol Tallahassee, Florida 32301 George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Thomas G. Tomasello General Counsel Department of State 1801 The Capitol Tallahassee, Florida 32301 =========================================================== ======
