The Issue Whether the Respondent should deny of the application filed by the Petitioner seeking a Florida Educator's Certificate.
Findings Of Fact Prior to April 13, 1996, the Petitioner and Mr. Benjamin Williams had been involved in a personal relationship during which they dated for approximately eighteen months. On the evening of April 13, 1996, Mr. Williams spoke by telephone with the Petitioner about telephone calls he had been receiving in which concerns were expressed that the Petitioner's brother had the HIV virus. Later on the evening of April 13, 1996, the Petitioner went to Mr. Williams' residence located at 716 North Bronough Street, Tallahassee, Florida. Mr. Williams had not invited the Petitioner to his apartment, and she was not expected as indicated by the fact that Mr. Williams was entertaining another woman at that time. The Petitioner insisted on talking to Mr. Williams, and insinuated herself into the apartment. After entering Mr. Williams' home, an argument ensued. The testimony regarding the subsequent events is contradictory. Mr. Williams testified that he asked the Petitioner to leave his home, and she refused. Mr. Williams retrieved a container of spray deodorant from his bathroom which he sprayed on the Petitioner in an effort to make her uncomfortable and encourage her to leave his home. According to Mr. Williams, the Petitioner removed a large knife from beneath her clothing, which she held in front of her. Mr. Williams concluded that he needed to physically remove the Petitioner from his home. Mr. Williams testified that, as he was attempting to push the Petitioner through the open door and out of his home, he was cut diagonally across the forehead and under his left eye. After Mr. Williams pushed the Petitioner out the door and locked it, the Petitioner hurled a brick through the window of Mr. Williams' front door. The brick narrowly missed Mr. Williams. Both parties agree this occurred. After placing a call to 911, Mr. Williams testified he went outside where he observed the Petitioner kneeling next to the right front tire of his automobile which was parked on the street. Mr. Williams said he heard a hissing sound, and when he inspected his automobile the next day he found he had a flat front right tire. The Petitioner denies the events occurred as described by Mr. Williams. She denied cutting Mr. Williams with a knife and slashing his tire. The Petitioner testified that after she was ejected from Mr. Williams' house and was in her car, Mr. Williams pounded on her windshield and broke it. He admitted this. She said he went inside his apartment, after breaking her windshield, and she threw a brick at his door in anger and frustration. Tallahassee Police Officer Patrick Lynch responded to the 911 call placed by Mr. Williams at approximately 1:00 a.m. on April 13, 1996. Officer Lynch observed that the glass window in the front door was broken out, and that the glass was lying on Mr. Williams' living room floor. A red brick was also lying on the floor of his living room. Mr. Williams was bleeding from a cut on his face. Officer Lynch called an ambulance. The ambulance's emergency medical technicians attended to Mr. Williams. He refused their offer to transport him to the hospital. Officer Lynch later drove Mr. Williams to the hospital for evaluation. The information provided by Mr. Williams to Officer Lynch at the scene was consistent with his testimony at the formal hearing held in this cause. Upon inspection of Mr. Williams' automobile, Officer Lynch found that the right front tire had been cut and was flat. Officer Lynch did not find a knife at the scene. The Petitioner was located and arrested. The Petitioner was charged by Officer Lynch with aggravated battery, criminal mischief, and throwing a deadly missile into a building. On December 13, 1996, the State Attorney for the Second Judicial Circuit of Florida filed an amended information charging the Petitioner with the criminal offenses of Aggravated Battery with a Deadly Weapon, Throwing a Deadly Missile into a Building, and Criminal Mischief. On December 21, 1996, the Petitioner was tried by jury and found guilty of throwing a deadly missile into a building. On January 22, 1997, the Circuit Court of Leon County, Florida, entered an Order withholding adjudication of guilt and placing the defendant on probation. This Order placed the Petitioner on probation for a period of one year with multiple conditions. The Petitioner satisfied all the terms of her probation. The Petitioner has been teaching in the state's prison education system. Her students are female inmates. She has a good work record, enjoys her work, and wants to continue to teach there. On or about January 12, 1998, the Department of Education received an application for a Florida Educator's Certificate which the Petitioner signed on December 5, 1997. On the application the Petitioner indicated that she had been arrested and charged with throwing a deadly missile for which she indicated adjudication was withheld. Based upon this information, the application was forwarded to the office of Professional Practices Services. Mr. Lew Wagar, an investigator with the Professional Practices Services, contacted the Petitioner and requested certified copies of all court documents related to the reported criminal case. This request was a routine part of the application process. The Petitioner was cooperative with Mr. Wagar and provided him with certified copies of criminal records related to an earlier arrest in Tallahassee in 1989. The Respondent stipulated at hearing, however, that the 1989 incident would not constitute a basis for denial of Petitioner's application. Based upon the certified court records received concerning the 1996 arrest and criminal prosecution, the Department recommended to the Respondent that the Petitioner's application be denied. The Respondent, Commissioner of Education, accepted the recommendation of denial of the Petitioner's application. On September 9, 1998, the Respondent notified the Petitioner in writing of his decision to deny her application. A copy of the Notice of Reasons was included with the letter. The Notice of Reasons set forth the specific grounds for denial of Petitioner's application.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law set forth herein, it is RECOMMENDED: That Petitioner's application for a Florida Educator's certificate be granted with conditions limiting her to adult education in the state's prison system. DONE AND ENTERED this 6th day of May, 1999, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Vonda Kaye Bowman 1913 Karen Lane Tallahassee, Florida 32304 J. David Holder, Esquire Post Office Box 489 STEPHEN F. DEAN 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 6th day of May, 1999. DeFuniak Springs, Florida 32435 Kathleen Richards, Executive Director Education Practices Commission 224-E Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Michael H. Olenick, General Counsel Department of Education The Capitol, Suite 1701 Tallahassee, Florida 32399-0400
The Issue Whether Petitioner demonstrated entitlement to issuance of a Florida Educator?s Certificate.
Findings Of Fact Respondent, as Commissioner of the Florida Department of Education, is charged with the duty to issue Florida Educator's Certificates to persons seeking authorization to become school teachers in the state of Florida. Petitioner is a second-grade teacher. She is in her third year of teaching. Pending action on her application for an Educator's Certificate, Petitioner has taught under the authority of temporary Statements of Eligibility. She currently teaches at George W. Monroe Elementary School in Quincy, Florida. On or about April 17, 2012, Petitioner submitted an on- line application for a Florida Educator's Certificate in Elementary Education. The application included a field with the heading “CRIMINAL OFFENSE RECORD(S)(Report any record other than sealed or expunged in this section). In her application, Petitioner disclosed the following criminal offenses, their dates, and their dispositions: Affray - June 2002 - Probation Conspiracy to Possess Marijuana - August 2006 - Guilty/Adjudicated Petty Theft - April 2000 - Pretrial Diversion Disorderly Conduct - February 2001 - Probation DWLS - February 2001 - Probation In conjunction with her application, Petitioner submitted information to substantiate those offenses that she could remember, as well as a set of fingerprints. Included in Petitioner?s submittals to Respondent was a copy of the Judgment in a Criminal Case, United States of America v. Torreya Haynes, Case No. 4:06cr10-03(S), from the United States District Court for the Northern District of Florida, dated August 3, 2006. Petitioner stipulated that she is the person identified in the Judgment as Torreya Haynes. The acts upon which the Judgment was based concluded on August 15, 2005. The Judgment established that Petitioner pled guilty to the offense of Conspiracy to Distribute Marijuana, and was sentenced to a three-year term of probation and payment of a special monetary assessment of one-hundred dollars. The parties stipulated to the following facts regarding Petitioner?s criminal record: On or about March 5, 2000, the Applicant was arrested and charged with Petit Theft in Leon County, Florida. The Applicant entered into a pre-trial diversion program and a “No Information” was filed on the charge. On or about July 20, 2000, the Applicant was arrested and charged with Affray in Leon County. The Applicant entered into a pre- trial diversion program and a “No Information” was filed on the charge. On or about August 20, 2001, the Applicant was arrested and charged with Disorderly Conduct/Affray in Leon County, Florida. The Applicant entered into a pre- trial diversion program and a “No Information” was filed on the charge. On or about June 9, 2004, the Applicant was arrested and charged with Battery in Leon County, Florida. On or about November 15, 2004, the Applicant pled nolo contendere to the charge and the court withheld adjudication. On or about August 4, 2004, the Applicant was arrested and charged with Possession of Marijuana in Leon County, Florida. On or about November 15, 2004, the Applicant pled nolo contendere to the charge and the court withheld adjudication. On or about February 2, 2005, the Applicant was arrested in Miami-Dade County, Florida, and charged with Possession of Cannabis. The Applicant entered into a pre- trial diversion program called “Court Options” and the charge was nolle prossed. In addition to the foregoing, Petitioner testified that she did not list a 2001 arrest for passing a worthless bank check, to which she pled no contest and received probation. Petitioner did not list the offenses in sub-paragraphs 7.b. through 7.f. and in paragraph 8. in the application. On September 19, 2012, Respondent served Petitioner with a 10-count Notice of Reasons advising her that her application for a Florida Educator's Certificate was denied. Petitioner timely filed an Election of Rights that requested a formal hearing. Petitioner will be unable to continue to teach students in Florida without a valid Educator?s Certificate. Thus, Petitioner is substantially affected by the intended decision to deny her certification, and has standing to contest the intended action. From her March 5, 2000 arrest for Petit Theft, which occurred when she was 19 years of age, until the August 15, 2005, date of the conclusion of the offense of conspiracy to distribute marijuana, which occurred when she had just turned 25 years of age, Petitioner was arrested and entered into some form of official disposition of the offenses on, at best count, twelve occasions. Despite the relatively light nature of the dispositions, generally consisting of pretrial diversion or probation, the charges were serious, including multiple drug charges, battery, and affray. “Chaotic” would be an apt description of those years of Petitioner?s life. In her application for an Educator?s Certificate, Petitioner answered truthfully that she had criminal offenses in her background, and listed what she remembered. Petitioner testified that she completed the application from memory and thought she had answered the questions posed, but did not try to recover paperwork or records from the clerk of court. Petitioner understood that her fingerprints submitted with her application would provide the Department with access to her complete criminal record, and expected that the background check would disclose her record in the application process. A review of the application form shows there to be five spaces for information to be entered. There was no evidence that additional spaces were provided. It is not known how offenses were to be listed if they numbered more than five. Petitioner listed her federal conviction as “conspiracy to possess marijuana,” and indicated that she was adjudicated guilty. Petitioner testified that she had originally been charged with conspiracy to both possess and distribute marijuana. She was convicted of conspiracy to distribute marijuana, but confused the charges when filling out the application. Petitioner provided Respondent with a copy of the conviction, which plainly identified the offense for which she was convicted. There was no effort to conceal or falsify the nature of the conviction. Rather, the error was just that, an error. In the more than eight years that have passed since the conclusion of the last acts that constituted the conspiracy to distribute marijuana, Petitioner appears to have turned a corner. Petitioner?s actions since 2005 show a consistent pattern of personal stability and accomplishment, with no evidence of criminal activity. She married, and has a child with a second on the way. She is active with her school, her family, and her church. She went back to school and earned a Master?s Degree in Public Administration. She has taught for more than two years without incident or complaint. Petitioner expressed a sincere interest and concern for the children under her tutelage. Petitioner?s testimony that “I?ve grown up. I?m not the same person that I was before,” was convincing, and leads to the conclusion that she has substantially rehabilitated herself. Based on Petitioner?s demeanor and sincerity at the hearing, the undersigned finds her testimony to be credible and worthy of belief.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Education Practices Commission enter a final order granting Petitioner, Torreya Landrea Davis?s application for an Educator?s Certificate, subject to such reasonable conditions as will allow the Commission to monitor and ensure Ms. Davis?s continued attention to and compliance with the standards necessary for maintaining the Educator?s Certificate in good standing. DONE AND ENTERED this 13th day of December, 2013, in Tallahassee, Leon County, Florida. S GARY EARLY 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 13th day of December, 2013.
The Issue Whether Respondent committed the violations alleged in the Administrative Complaint? If so, what disciplinary action should be taken against her?
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: Since April 19, 1991, Respondent has held Florida teaching certificate 637552, which covers the areas of business education (grades 6 through 12) and physical education (grades 6 through 12). The certificate is valid through June 30, 1996. Respondent is now, and has been at all times material to the instant case, including January 4, 1992, employed as a teacher by the Broward County School Board. On January 4, 1992, while operating her motor vehicle, Respondent was involved in an incident which led to her arrest and to the filing of an information against her in Broward County Circuit Court Case No. 92-2200CF10A. The information contained the following allegations, all of which were true: MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that [P]AULA DAWN REDO on the 4th day of January, A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Lieutenant Tom McKane, a duly qualified and legally authorized officer of the City of Sunrise, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by striking the police car being drive[n] by Lieutenant Tom McKane with [s]aid automobile thereby placing Lieutenant Tom McKane in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT II AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Lieutenant John George, a duly qualified and legally authorized officer of the Town of Davie, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by driving said automobile toward the police car being driven by Lieutenant John George thereby placing John George in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT III AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did unlawfully commit an assault upon Sergeant Gary Silvestri, a duly qualified and legally authorized officer of the Town of Davie, knowing at the time that he was a law enforcement officer, with a deadly weapon, to wit: an automobile, while he was in the lawful performance of his duties, without intent to kill, by driving said automobile toward the police car being driven by Sergeant Gary Silvestri thereby placing Sergeant Gary Silvestri in fear of imminent violence, contrary to F.S. 784.021 and 784.07(2)(c), COUNT IV AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did then and there unlawfully, willfully and maliciously injure the property of another, to wit: a police car, property of City of Sunrise, by striking said police car with another automobile, the damage to the said property so injured being greater than two hundred dollars ($200.00) but less than one thousand dollars ($1,000.00), contrary to F.S. 806.13(1) and F.S. 806.13(2), COUNT V AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, while being the operator of a motor vehicle upon a street or highway, and having knowledge that she had been directed to stop the said motor vehicle by a duly authorized police officer, did unlawfully and willfully refuse or fail to stop in compliance with the said directive, contrary to F.S. 316.1935, COUNT VI AND MICHAEL J. SATZ, State Attorney of the Seventeenth Judicial Circuit of Florida, as Prosecuting Attorney for the State of Florida in the County of Broward, by and through his undersigned Assistant State Attorney charges that PAULA DAWN REDO on the 4th day of January A.D. 1992, in the County and State aforesaid, did then and there operate a motor vehicle in willful and wanton disregard for the safety of persons or property in that said Defendant did drive at a high rate of speed disregarding a number of traffic control devices, contrary to F.S. 316.192. The incident was the subject of newspaper article published in the Metro Section of the Fort Lauderdale Sun-Sentinel on January 9, 1992. Because of the publicity surrounding the incident, Respondent was asked to transfer from the school at which she had been teaching before the incident (Western High School) to another school (Pines Middle School). Respondent agreed to the transfer, which was thereafter effectuated. She has remained on the instructional staff at Pines Middle School since the transfer. On August 8, 1994, after having discussed the matter with her attorney, Respondent entered a guilty plea to each of the counts of the information that had been filed against her in Broward County Circuit Court Case No. 92- 2200CF10A. Court records reflect that the plea was entered in Respondent's "best interest." 1/ Respondent was adjudicated guilty of the crimes alleged in Counts IV through VI of the information and sentenced to time served (three days in jail) for having committed these crimes. With respect to the crimes alleged in Counts I through III of the information, adjudication of guilt was withheld and Respondent was placed on two years probation. To date, Respondent has conducted herself in accordance with the terms and condition of her probation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Commission enter a final order finding Respondent guilty of the violations of subsection (1) of Section 231.28, Florida Statutes, alleged in the Administrative Complaint and disciplining her for having committed these violations by suspending her teaching certificate for a period of 60 days and placing her on probation, subject to such terms and conditions as the Commission may deem appropriate, for a period of one year following the end of the suspension. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 11th day of December, 1995. STUART M. LERNER 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 this 11th day of December, 1995.
The Issue The issue is whether the certification as a correctional officer issued to Willie L. Tillman (Tillman) should be revoked or otherwise penalized based on the acts alleged in the Administrative Complaint.
Findings Of Fact Tillman is certified as a correctional officer by the Commission, having been issued certificate number C-3171 on October 7, 1977. At all times relevant to the charges, Tillman was employed by the Volusia County Department of Corrections (VCDC) as a correctional officer at the Daytona Beach Correctional Facility. In June of 1988, Tillman held the rank of corporal, a promotional rank. His chain of command ran from Sergeant (now Lieutenant) Fitts through Lieutenant (now Captain) Bolton, his shift commander. Tillman knew or should have known that he had a duty to immediately report any use of force against an inmate and to obtain medical attention for any inmate against whom force was used. This duty to immediately report such an incident and to seek medical attention for the inmate involved is important for the health of the inmate and for the protection of the correctional institution and correctional officer against unwarranted claims of injury. At all times material to these charges, the policy and rules of the VCDC, as taught to correctional officers, required that correctional officers avoid one-on-one physical confrontations with inmates and recommended that a correctional officer faced with a potentially hostile or aggressive inmate attempt to disengage himself from the confrontation, diffuse the threat through conversation if possible, and obtain assistance from other officers before approaching or making physical contact with the inmate. The only exception to this rule of disengagement is in the case of a sudden or spontaneous attack by an inmate. On June 22, 1988, Tillman, a very large and muscular man, was making a head count at about 11:00 p.m. Tillman thought that inmate George Hoover had squirted toothpaste on his back as he walked past Hoover's cell. Tillman told the officer who was working with him to open the cell. Tillman then entered the cell and struck Hoover in the jaw and face with a closed fist. Hoover fell on to his bunk. Tillman did not report the incident and he did not seek medical attention for Hoover. Tillman had no valid reason for his failure to report the incident and he was not excused from reporting the use of force that night before leaving the job site. Hoover requested medical attention, which brought the use of force to the attention of the VCDC. Hoover suffered a loosened tooth from being struck by Tillman. When confronted with the matter, Tillman said that he entered Hoover's cell to remove contraband, namely cups of water and coffee. Hoover assumed a boxing stance and Tillman struck him in response to that perceived aggression. Tillman's stories then and at hearing are simply unbelievable. The incident report that Tillman finally wrote said he removed contraband cups of water and coffee from the cell. The officer with Tillman that night never saw any cups removed. At hearing for the first time Tillman said that the contraband consisted of cups of urine and feces which added to the level of threat which he felt. Tillman's testimony in this regard is contrary to his own reports prepared in 1988 and is contrary to anything Tillman had said or reported before the hearing. As the trier of fact, the undersigned simply finds that Tillman was not truthful in his testimony on this and other matters. It is also not believed that Hoover, a small man weighing about 150 pounds, assumed an aggressive boxing stance with Tillman, a man about twice his size. From the evidence it can only be concluded that Tillman engaged in an unprovoked and unnecessary use of force by striking Hoover with his fist. Based on the rules, policies and procedures of the VCDC, Tillman should not have entered Hoover's cell in a one-on- one confrontation after Hoover squirted toothpaste on him. After he had entered the cell, Tillman should have withdrawn and disengaged from the situation to avoid a confrontation even if Hoover had assumed an aggressive stance. Finally, after the use of force occurred, Tillman should have reported it and should have sought medical attention for Hoover immediately following the incident and should not have left work that night without doing these things. Tillman was verbally counselled about the rules and policies related to disengagement and reporting of use of force. On October 14, 1988, while supervising a group of inmates returning from eating, Tillman became involved in a vocal argument with inmate William F. Elmore. Tillman repeatedly goaded Elmore to hit him, but Elmore attempted to withdraw from Tillman. Tillman hit Elmore in the jaw with his closed fist. Elmore attempted to walk away from Tillman, but Tillman pursued him and threw him up against a wall more than once. Elmore was between 5'7" and 5'10" and weighed between 165 and 180 pounds. Tillman claimed that Elmore approached him with raised hands in a semi-boxing stance. No other witness, either officer or inmate, mentioned any such aggressive approach or stance on the part of Elmore. One officer said that he thought that Elmore tried to kick Tillman. One inmate said that Elmore may have flinched or something, but that he did not see any aggressive posture or movement by Elmore. Tillman did not disengage or attempt to avoid the one- on-one confrontation with Elmore, even when Correctional Officer Zima called to Tillman to offer help. Instead, Tillman was aggressive and abrasive with Elmore. Tillman then over-reacted to the situation which he had provoked and used excessive force against Elmore. As a result of this incident, Tillman was recommended for termination, but he successfully appealed the termination and was instead suspended for ten days. Tillman was counseled that his interpretation of the use of force rules was erroneous and was told that when an inmate assumes an offensive posture such as a boxing stance, Tillman was not to strike the inmate. In the early morning of July 15, 1989, Tillman instructed Correctional Officer Trainee Anderson to open the cell door of inmate Michael P. Frascella, so that Frascella could clean up a mess he had made in and around his cell. Frascella was in an observation cell because of an earlier disturbance he had created. After cleaning up, Frascella was returning to his cell and noticed an apple on the desk. He reached for it and Tillman told him to put it back. Tillman then hit Frascella in the face with a closed fist. Frascella fell to the floor. Anderson heard the sound of the fall, looked over, and saw Frascella laying on the floor, glassy-eyed and bleeding from the mouth area. Tillman denies that he touched Frascella in any way and says he never saw Frascella on the floor or with blood on his face. This is why he says no use of force report was ever filed. Frascella's testimony is more credible regarding this incident than is that of Tillman. While it is clear that Frascella bears ill feelings toward Tillman because of the incident, his statements are more consistent with those of Anderson. Tillman clearly did not tell the truth regarding the incident with inmate Hoover and there is considerable doubt about his truthfulness regarding Elmore. There is no reason to believe that Tillman has been any more forthright about what happened with Frascella. Based on the demeanor and credibility of the witnesses, it is concluded that Frascella's version is the closest to the what actually happened that morning. Former inmate and trustee Dwight Jensen testified about an incident in which Tillman struck an inmate with no justification. While it cannot be determined whether that inmate was Frascella, the testimony of Jensen is probative regarding Tillman's moral character and suitability to retain his certification as a correctional officer. From Jensen's testimony it can only be concluded that on an occasion which may or may not have been the one involving Frascella, Tillman struck an inmate in the face and nose in retaliation for verbal abuse from that inmate. That inmate's nose was so badly injured that Jensen was required to mop up considerable blood from the floor. That inmate was provided with no medical attention because he was placed on a bus to Starke within a couple of hours after he was struck. Jensen was incarcerated from 1988 to March of 1990. Since Tillman was suspended following the incident with Frascella until his termination, it is further concluded that Jensen's testimony relates to the same time frame as that relevant to this complaint.
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 and therein revoke certificate no. C-3171 issued to Willie L. Tillman. DONE and ENTERED this 14th day of October, 1992, in Tallahassee, Florida. DIANE K. KIESLING 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 this 14th day of October, 1992. APPENDIX TO THE RECOMMENDED ORDER IN CASE NO. 92-3263 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on the proposed findings of fact submitted in this case. Specific Rulings on Proposed Findings of Fact Submitted by Petitioner, Criminal Justice Standards and Training Commission Each of the following proposed findings of fact is adopted in substance as modified in the Recommended Order. The number in parentheses is the Finding of Fact which so adopts the proposed finding of fact: 1(1); 2(2); 3&4(3); 5(6); 6&7(4); 8(5); 9(6); 14&15(7); 23&24(16); 25&26(17); 27(18); 29(21); 30(22); 31&32(23); 33(24); 34&35(25); and 38(26). Proposed findings of fact 10-13, 16-22, 28, 36, and 37 are subordinate to the facts actually found in this Recommended Order. COPIES FURNISHED: John P. Booth Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Willie L. Tillman 2400 Spring Hollow Drive Orange City, Florida 32763 Jeffrey Long, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore, Commissioner Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302
The Issue Whether the Respondent is guilty of gross incompetence and falsification of course sheets as alleged in the Administrative Complaint.
Findings Of Fact Based upon the exhibits received into evidence, the stipulation of the parties, and testimony of the witnesses at the hearing, the following findings of fact are made: The Respondent was certified by the Criminal Justice Standards and Training Commission on April 1, 1987, as an instructor and was issued instructor certificate number 129487. Respondent was employed at Central Florida Criminal Justice Institute located at the Mid-Florida Vocational Technical Institute, beginning in March 1989. During the relevant period, Respondent was employed as Program Director/Coordinator of advanced and specialized training. Respondent was also the Assistant Director of the Academy. Respondent has prior experience as a corrections officer and as a certified probation officer. Respondent received a Masters degree in education and is a certified teacher. In February of 1992, Ron Kazoroski was the Director of the Criminal Justice Institute at the Mid Florida Vo-Tech. Respondent was responsible for initiating night courses at the Institute for the benefit of the officers who worked the second or third shifts. February 1992 was the second time that the Instructor Techniques class had been offered at night. Respondent had planned to be more involved in the instruction of the Instructor Techniques course than she had been in the previous time the course was offered and had scheduled herself to teach several blocks of instruction. However, the week before the course was to start, Respondent was informed that she needed major surgery within two days. Respondent spent Wednesday and Thursday trying to find instructors to cover for her, prior to her scheduled surgery on Friday. Respondent contacted Pam Eckler, an instructor at the academy, to assist her in locating qualified instructors who could teach on short notice. Respondent was trying to prevent the cancellation of the course. On the first night of class Respondent was recuperating from the surgery. Respondent submitted six certificates of absence for the period of January 28 through February 26, 1992. The Instructor Techniques course started on February 3, 1992, and finished on February 28, 1992. The course was scheduled in the evening from 5:30 p.m. to 9:30 p.m. Florida Department of Law Enforcement regulations required the Instructor Techniques course to be 80 hours long, and the class was formatted for that many hours. In February of 1992, Barbara Bushnell was a Corrections Officer employed by Orange County Corrections and assigned to the Training and Staff Development Department. Bushnell was assigned to the Academy prior to the Instructor Techniques class in February of 1992. Bushnell was certified as an instructor by the Criminal Justice Standards and Training Commission. In February of 1992, Pamela Eckler was a Correctional Training Supervisor for Orange County Corrections, Department of Training and Staff Development. Eckler was also an instructor, certified by the Criminal Justice Standards and Training Commission. Eckler was asked by the Respondent if she was interested in teaching the evening Instructor Techniques course in February of 1992. Eckler agreed, and was offered the opportunity to teach the classes of her choice. Eckler decided to teach Adult Learning Theory on February 3, 1992, from 7:30 p.m. to 9:30 p.m. and Liability and Ethics on February 4, 1992, from 5:30 p.m. to 9:30 p.m.. On February 21 and 25, 1992, Eckler was assigned to monitor the student presentations from 5:30 p.m. to 9:30 p.m. On February 3, 1992, Eckler received a telephone call from the Respondent who had just had surgery on Friday, asking her to move her block from 7:30 p.m. to 5:30 p.m. Respondent also asked Eckler to give the class a short orientation to the course. Eckler taught her two-hour segment and allowed the students to leave on February 3rd at 7:30. On February 4, 1992, Eckler taught a four-hour block on Liability and Ethics. Eckler utilized the whole time period, and the students were not let out early. On February 20, 1992, Respondent called Eckler and told her that she was not needed to teach on February 21 because the Respondent had given the class an off-campus assignment. Eckler did not teach the class on February 21, 1992. Eckler was scheduled to monitor the students’ presentations on February 25, 1992, from 5:30 p.m. to 9:30 p.m. Several students had a problem with the lesson plan development. Eckler characterized the problems with the lesson plans as major, with the problems being in different areas. In February of 1992, Georgette Thornton, a Lieutenant with Orange County Corrections and a certified instructor by the Criminal Justice Standards and Training Commission, was asked if she was interested in teaching part of the Instructor Techniques course. Thornton called the Respondent who indicated that she needed an instructor for February 10, 11, and 12, 1992, as an emergency replacement. Thornton agreed to teach two hours on February 10, four hours on February 11, and four hours on February 12th. Thornton found out from the students that it was the second week of class, and the students were not aware who the Respondent was. The students did not know what their final project was. Thornton talked to the Respondent, explaining her observations. She asked her to speak to the class about their responsibilities for their final project. Respondent appeared at the class on February 11th and told the class what their final project was. Respondent also covered part of the class material that Thornton was supposed to instruct. Thornton then elaborated on what Respondent had said. Thornton did not have sufficient materials given to her by Respondent to fill up the four-hour time block she was scheduled to teach. She did not have an adequate opportunity to supplement the materials given to her by Respondent, since they were given to her on Friday and the class was on Monday. Respondent told Thornton in front of the class to cover the rest of the material and to allow the students to leave early. Thornton covered everything that was in the guide and released the students at 7:30 p.m. on February 11th. Thornton also gave them a thorough review on the 12th of the items that they could expect on the exam. Thornton released the students at 7:00 p.m. Thornton decided to write a memo to the director. Thornton was concerned about the poor organization of the class and the lack of guidance given the students by Respondent. Thornton did not feel that the students were getting the amount of instruction they deserved in the class. A week or two before the class was scheduled to start, Bushnell was asked by the Respondent to teach a portion of the Instructor Techniques class being offered in February of 1992. Bushnell was asked to replace an instructor who had an emergency situation and could not teach. Bushnell was asked to teach Lesson Plan Development on February 13 and 14, from 5:30 p.m. to 9:30 p.m. Bushnell had in her possession a copy of the goals and objectives of the Instructor Techniques course, which was part of the materials she previously had in her possession. She also had in her possession the FDLE Instructor Techniques Instructor Guide, which had all of the different areas to be covered in the course, including goals and objectives. Bushnell was given an ample amount of time to prepare for her block of instruction. Bushnell taught the Instructor Techniques class from 5:30 p.m. to 9:30 p.m. on February 13, 1992. Bushnell placed posters on the wall showing the two types of outlines for lesson plan development. She was informed by the students that the Respondent had already told them that the outline format was not going to be used. Bushnell informed them that there were several different types of formats, and that she would be instructing them using the outline format. The outline format was taken from the Instructor Techniques Instructor Guide. On February 14, 1992, Bushnell met with the Respondent prior to class to sign her contract for teaching the class. She also discussed details concerning the expectations of the class. The Respondent told Bushnell that the students were used to having some time during lesson plan development to work on their lesson plan outside of class. She expected Bushnell to give the students an outside assignment. Bushnell covered the materials in the outline and instructed her class until 9:30 p.m. Bushnell did not have enough time to cover all of the material she was supposed to cover. The students stated that they were having trouble with the lesson plans and requested her help in their development. Bushnell offered to help them on their lesson plans during the time she was scheduled to teach. Bushnell had concerns about how the class was being conducted and wrote a letter to Director Kazoroski, stating her concerns with the Instructor Techniques class. The students were upset due to a lack of direction being given by the Respondent. The students were also confused due to misunderstandings on how the lesson plan should be written. In February of 1992, Jacqueline Miller was an instructor in the Instructor Techniques course offered that month that the Respondent coordinated. Miller was asked by the Respondent to critique the students making their presentations. Miller was not required to do any preparation to complete her instruction, since it only involved critiquing the students. Miller contracted to critique the students for twelve hours between February 24 and 27, 1992. Miller utilized the maximum amount of time allowed for each day that she was in class. Although the skill level of the students varied considerably, none received a failing grade. On March 2, 1992, Eckler, Thornton, and Bushnell met with Kazoroski to discuss the problems with the class. The students were confused because Bushnell had taught Lesson Plan Development using the guidelines from the Instructor Guide, but the Respondent instructed the class to do it differently. This inconsistency confused them. Respondent did not assist them in their lesson plan development. The course was not well organized. The class was given a week to work on their lesson plans at home, with no one available to assist them, and they were confused about how to complete them. The Respondent’s instructor skills for this class were criticized. However, Respondent’s skills were not evaluated. On several occasions, the students were allowed to leave early from class. The Respondent would tell the class that they had assignments to do at home or out of class. The instructor notes to the Instructor Guide state that [T]his instructor guide was developed with the intention of providing the basic instructional material for this course. The individual instructor will find that only the minimum has been provided. None of the blocks of instruction provide the entire material for the topic being instructed. Each instructor is expected to use the provided material as a starting point and a reference source. The instructor notes to the Instructor Guide state that [E]ight hours have been provided for lesson plan development in class. This block was provided to allow the instructor to assist the students in their individual development of lesson plans. This does not suggest that students will not be required to work outside the classrooms. It was the policy of the Criminal Justice Institute to keep class documents, including the attendance sheets, from every class that was offered at the institute. The documents were kept in a file cabinet in the director’s office and were supposed to be kept in a secure place. The attendance sheets were required for FDLE audits to show that each student attended the requisite number of hours for the class. The records of the Instructor Techniques course offered at Mid-Florida Vo-Tech in February 1992, were reviewed including the overall attendance records for the Instructor Techniques class, which were signed by the Respondent. It was the policy of the Criminal Justice Institute that 50 minutes of instruction, with a 10 minute break, constitute 1 hour of credit. The class was given credit for 80 hours attended. However, there were 16 hours of class cancelled by Respondent, including the class on February 28, 1992, when that class was cancelled by Respondent because the course was over. All of the students received credit for four hours on February 3, 1992, when Eckler allowed the students to leave after two hours. For February 11 and 12, 1992, Respondent gave each student credit for four hours, although Thornton allowed the students to leave after two hours on February 11, and after three hours on February 12. The students were given credit for four hours for February 19, 20, and 21, 1992, for lesson plan development that was done outside the classroom. The FDLE requirements are that the Instructor Techniques course allows for eight hours of lesson plan development in class. It was usual for an academy to have an instructor available during the lesson plan development to answer any questions or concerns of the students while they worked on their lesson plans in class. FDLE rules stated that if a student missed over ten percent of the class, that student was deemed to have not successfully passed the class. The early release hours and the out-of-class assignments given to the students were not reflected on the overall attendance sheet signed by the Respondent.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Respondent be found not guilty of violations of Sections 11B-20.0012(1)(b), (d), (e), and/or (f), Florida Administrative Code, and that the Amended Administrative Complaint be dismissed. RECOMMENDED this 31st day of July, 1997, at Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 31st day of July, 1997. COPIES FURNISHED: Richard D. Courtemanche, Jr., Esquire Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Phyllis Blackmon Ledbetter 202 Dalton Drive Oviedo, Florida 32765 A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training 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 Michael J. Craven holds a Florida teaching certificate #244046, Post Graduate, Rank II, for elementary education, junior college and supervision. During the school year 1978-1979, he was employed as a foreign language teacher and curriculum assistant at Terry Parker Senior High School in Duval County. He was on an annual contract. At the conclusion of the school year he was not rehired because of a police report received by the personnel office of the Duval County school system. The report alleged that Mr. Craven had committed a sexual offense. Michael Legan is a detective with the Duval County Sheriff's Office. He is attached to the vice squad and was so employed on February 15, 1979. On that date he was on duty at an establishment called Daytona International where pornographic movies were shown in numerous small booths. Mr. Craven approached detective Legan who was wearing plain clothes and asked him if he wanted to watch a movie with Mr. Craven. Detective Legan agreed and went into a booth. Upon their entry Mr. Craven put one hand on Detective Legan's buttocks and grabbed his crotch with the other one, while attempting to fondle him. At that point Mr. Craven was arrested. On February 22. 1979, an information was filed by the State Attorney against Mr. Craven. It alleged that on February l5, 1979, he violated Section 800.02, Florida Statutes by fondling and rubbing Detective Legan's buttock and penis. Mr. Craven pled guilty as charged on March 19, 1979. He received a fine of $50.00 by the Duval County Court. Immediately after his arrest, Mr. Craven notified his school principal of his arrest. Other than to rehire him for another year of teaching, no discipline concerning Mr. Craven's arrest or conviction was ever taken against him by the Superintendent or School Board of Duval County. Since the school year of 1968-1969, Craven has received excellent evaluations of his performance as a school teacher.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED That a final order be entered by the Education Practices Commission, pursuant to Section 2, Chapter 80-190 Laws of Florida (1980) suspending Mr. Craven's certificate to teach for a period of three (3) years commencing with the date of the final order. DONE and RECOMMENDED this 10th day of October, 1980, in Tallahassee, Florida. MICHAEL PEARCE DODSON Hearing Officer Division of Administrative Hearings The Collins Building Room 101 Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of October, 1980. COPIES FURNISHED: L. Haldane Taylor, Esquire 1902 Independent Square Jacksonville, Florida 32202 Michael J. Craven 3460 Red Oak Circle East Orange Park, Florida 32073
The Issue Whether Respondent's teaching certificate should be revoked pursuant to Chapter 231, Florida Statutes, as set forth in petition, dated November 8, 1979.
Findings Of Fact Respondent Robert Marshall Stabler holds Florida Teaching Certificate No. 306751, Graduate, Rank III, valid through June 30, 1981, covering the area of elementary education. He was so licensed on May 9, 1979. (Stipulation.) Respondent was employed in the public schools of Brevard County at Pineda Elementary School, Cocoa, Florida, as a teacher from 1971 to May 1979. Respondent was also employed by Brevard Community College to instruct inmates at the Brevard Correctional Institution at Sharpes, Florida, for several years prior to May 9, 1979. (Testimony of Fisher, Brock, Curtis.) In late April 1979 a correctional officer at the Brevard Correctional Institution received information from a confidential informant, who was an inmate, that Respondent would bring marijuana into the institution on May 9, 1979. On that date, at approximately 6:15 p.m., Respondent entered the correctional facility and was advised by a correctional officer that college instructors were going to be searched that evening. Respondent was asked to submit to such a search and he consented to the same. Respondent was thereupon directed to the nearby "shakedown" room where his briefcase was opened and three packages wrapped in white paper were discovered. At this time, Respondent stated "That's just for my own use." A white envelope containing thirteen five dollar bills was also found in the briefcase. A narcotics officer of the Brevard County Sheriff's Department thereupon weighed and made a standard field test of the material contained in the packages and determined that it was cannabis in excess of 100 grams. The officer then placed Respondent under arrest for introducing contraband upon the grounds of a correctional institution. The packages were thereafter submitted to the Sanford Crime Laboratory for analysis and it was determined that they contained a total of 106.6 grams of cannabis and that two of these packages contained more than five grams of cannabis leaf material. (Testimony of Fisher, Pierce, Steger, Thomas, Boling, Petitioner's Exhibits 1-4.) The regulations of the Brevard Correctional Institution authorize a search of visitors which is normally conducted on a random basis. If consent to search is not given, the non-consenting individual is not permitted to enter the institution. (Testimony of Thomas.) Respondent received outstanding teacher performance evaluations at Pineda Elementary School during prior years and is considered by his principal to be an above-average teacher. Another faculty member at the school characterized him as an "excellent" teacher. He excelled in dealing with students with disciplinary problems and had excellent relations with both students and faculty personnel. He was also considered by his supervisor and a fellow instructor to be the most outstanding teacher at the Brevard Correctional Institution who was highly successful in motivating his students. (Testimony of Curtis, Brock, Walker, Weimer, Respondent's Composite Exhibit 1.)
Recommendation That Respondent's teaching certificate be revoked for a period of four years. DONE AND ENTERED this 12th day of May 1980 in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of May 1980. COPIES FURNISHED: Hugh Ingram, Administrator Professional Practices Council Room 3, 319 West Madison Street Tallahassee, Florida 32301 Craig Wilson, Esquire 315 Third Street West Palm Beach, Florida 33401 R. V. Richards, Esquire 1526 South Washington Avenue Titusville, Florida 32780
The Issue The issue in this proceeding concerns a dispute as to whether the Petitioner successfully passed the State Officers Certification Examination, and specifically, a dispute involving the wording of certain examination questions.
Recommendation Having considered the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a final order be entered by the Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission, dismissing the Petition filed herein in its entirety for lack of prosecution and lack of evidence in support thereof. DONE AND ENTERED this 1st day of March, 2007, in Tallahassee, Leon County, Florida. S P. MICHAEL RUFF 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 1st day of March, 2007. COPIES FURNISHED: Grace A. Jaye, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Gerald Bailey, Commissioner Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Jocelyn Mathis Post Office Box 1753 Lynn Haven, Florida 32444
The Issue At issue in this proceeding is whether respondent was convicted of conspiracy to possess with intent to distribute at least five kilograms of cocaine and, if so, what disciplinary action, if any, should be taken against his Florida teaching certificate.
Findings Of Fact Respondent, Frederick Dingle Charles, holds teacher's certificate number 264894, issued by the Florida Department of Education, covering the area of substitute teaching. Such certificate is valid through June 30, 1992. During the 1989-90 school year, respondent was employed by the Dade County School Board as a teacher at Homestead Middle School. On or about September 20, 1989, respondent was arrested and charged with conspiracy to possess with intent to distribute at least five kilograms of cocaine in the United States District Court, Southern District of Florida, Case Number 89-627-CR-Aronovitz. On October 15, 1990, he was found guilty of such charge and committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 121 months.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the teaching certificate of respondent, Frederick Dingle Charles, be permanently revoked. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 13th day of June 1991. WILLIAM J. KENDRICK 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 this 13th day of June 1991. Copies furnished: Robert J. Boyd, Esquire 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Frederick D. Charles # 41454-004 Metropolitan Correctional Center 15801 S.W. 137th Avenue Miami, Florida 33177 The Honorable Betty Castor Commissioner of Education The Capitol Tallahassee, Florida 32399-0400 Sydney H. McKenzie General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400
The Issue The issue presented here concerns the question of the entitlement of Petitioner to be granted certification as a law enforcement officer under the provisions of Section 943.13, Florida Statutes, and Chapter 11B-16, Florida Administrative Code. In particular, the matter to' be determined deals with the propriety of the denial of certification based upon the belief on the part of the Respondent that Petitioner does not have the requisite good moral character necessary for certification. See Subsection 943.13(7), Florida Statutes.
Findings Of Fact The Sheriff's Office of Jacksonville, Duval County, Florida, had submitted an Affidavit of Certification for Petitioner Harold B. Walbey, Jr. In response to that affidavit, the Criminal Justice Standards and Training Commission issued a Statement of Denial, a copy of which may be found as Respondent's Exhibit No. 1, admitted into evidence. The basis of denial was related to the belief that Petitioner did not evidence the requisite good moral character required for certification. See Subsection 943.13(7), Florida Statutes. In particular, the denial related to a series of events leading to the revocation of Petitioner's Florida Teaching Certificate by order of the State Board of Education entered on October 12, 1979. Respondent's Exhibit No. 2 is a copy of that order of revocation together with the Recommended Order of the Hearing Officer, Division of Administrative Hearings. The revocation of the teacher's license was premised upon a conclusion of law that Petitioner had committed acts of gross immorality and moral turpitude in his relationship with junior high school female students in the school in which he taught. Those acts had sexual connotations. It was also determined in law that Respondent had lost his effectiveness as a teacher in view of the underlying circumstances. Petitioner took issue with the denial of his law enforcement certificate and requested a formal Subsection 120.57(1), Florida Statutes, hearing. The matter was then referred to the Division of Administrative Hearings and a hearing was held on October 8, 1982, in Jacksonville, Florida. On November 2, 1981, Petitioner was employed as a temporary or probationary employee of the Sheriff's Office, in Jacksonville, Duval County, Florida, in the position of Correctional Officer at the County Prison Farm and remains in that employment at this time. Duties of the Petitioner would include floor assignment, medication, food, preparation for commitment, booking, releasing and other functions. Among those other functions Petitioner transports female inmates, by motor vehicle, with no other law enforcement official or other person in attendance. These trips in which Petitioner has custody and control over female inmates are infrequent. Officials within the Duval County Sheriff's Office who presented Petitioner's Affidavit of Certification maintain a neutral posture on the question of his certification and have vouched for Petitioner to the extent necessary to elicit a final decision from Respondent on the question of certification. The chief personnel officer for the Duval County Sheriff's Office feels that the Petitioner would make a good employee if he has become sufficiently rehabilitated following the incidents which led to the revocation of his Florida Teaching Certificate. Petitioner is well accepted by his superiors in his capacity as Correctional Officer and has received acceptable performance evaluations. Petitioner has been married three (3) times and is the father of twelve (12) children, none of which reside with him. He is responsible for furnishing support to his children. Petitioner holds a BS degree from Edward Waters College and a Masters degree from Florida A & M University. He has served in the military, both in the Air Force and the Army National Guard. Walbey is now forty-five (45) years of age. Testimony from community leaders and neighbors and acquaintances of Petitioner show him to be a person deemed to be reputable and hard working and a fine neighbor. No testimony was offered related to efforts which Petitioner had made in trying to effect his rehabilitation through professional assistance on the topic of those matters which caused him to lose his teaching certificate or opportunities in which Petitioner had conducted himself with proper decorum when in the presence of young women following that disciplinary action. Petitioner did not concede the facts of those incidents leading to the revocation as a part of his presentation.
