Findings Of Fact The Commission, having reviewed the Findings of Fact adopts and incorporates by reference the Findings of Fact of the hearing officer.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Criminal Justice Standards and Training Commission issue a declaratory statement that Alfonso J. Cerone is not eligible to receive salary incentive money under Section 943.22(2)(c), Florida Statutes (1983). RECOMMENDED this 15 day of June, 1984, in Tallahassee, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings Department of Administration 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of June, 1984.
The Issue The issue in this case is whether Respondent violated Section 475.25(1)(f), Florida Statutes (1997), by pleading or having been found guilty of a crime which involves moral turpitude or fraudulent or dishonest dealing. (All Chapter and Section references are to Florida Statutes (1997) unless otherwise stated.)
Findings Of Fact Petitioner is the state agency responsible for the regulation and discipline of real estate licensees in the state. Respondent is licensed in the state as a real estate broker pursuant to license no. 0414405. The last license issued is inactive. On December 15, 1997, Respondent entered into a plea of guilty to aggravated assault and leaving the scene of an accident with injuries. Both crimes are third-degree felonies under Sections 784.02(1) and 316.027(1)(a), respectively. The court adjudicated Respondent guilty and sentenced Respondent to two years of community control to be followed by two years probation. Both sentences ran concurrently. The court also imposed miscellaneous fines in the cumulative amount of $255 and ordered Respondent to pay probation costs. On January 13, 1998, Respondent sent a letter to Petitioner voluntarily disclosing his plea and conviction. Respondent has no prior disciplinary history. Both convictions involve a single incident which occurred on November 23, 1996, at the Draft House, 1615 Lee Road, Orlando, Florida, a bar in Orange County, Florida. Respondent touched the female owner of the bar on her buttocks. The owner's son took offense to the incident. When Respondent left the bar, the owner's son followed Respondent to Respondent's car in the parking lot. The owner's son hit Respondent in the nose with his fist. Respondent got into his car. The owner's son smashed the windshield of Respondent's car with a steel bar. Respondent left the scene to call for help. When Respondent drove away, Respondent's car struck the owner's son. Respondent did not remain at the scene because he feared for his own safety. Respondent stopped a few blocks away and called 911. The extent of injuries of the person struck by Respondent's car was not established at the hearing.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission enter a final order finding Respondent guilty of violating Section 475.25(1)(f), and imposing an administrative fine of $1,000. DONE AND ENTERED this 16th day of November, 1998, in Tallahassee, Leon County, Florida. DANIEL MANRY 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 November, 1998. COPIES FURNISHED: Laura McCarthy, Esquire Department of Business and Professional Regulation Division of Real Estate Post Office Box 1900 Orlando, Florida 32802-1900 Richard F. Ronnick 4271 Biltmore Road Orlando, Florida 32804-2201 Henry M. Solares, Division Director Division of Real Estate Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact On September 14, 1977, a jury in Louisiana found Petitioner guilty of armed robbery of a bank on June 9, 1977. On December 22, 1977, the court sentenced Petitioner to 65 years at hard labor. After initial incarceration at the county jail, from which he escaped twice, Petitioner was sent to the state prison in Angola. The State of Louisiana added two years to his sentence, to run concurrently with the original sentence. After serving over 18 years, Petitioner was released from Angola on December 14, 1995. He received a commutation of sentence from Governor Edwin Edwards on December 12, 1995. Petitioner received 40 disciplinary reports the first three years at Angola, seven the next two to three years, and none the last nine years. While at Angola, Petitioner earned his GED and a two-year computer tech degree. He took correspondence courses from Louisiana State University and performed quite well. He paid for the college coursework by working in the prison fields. Seeing prison inmates dying, Petitioner suggested to the prison administration that inmates be trained in CPR. The prison administration agreed to allow six inmates to be trained in CPR so they could train the remainder of the inmates. Petitioner was one of the six inmates so trained, and he later trained persons outside the prison in CPR. After receiving counseling himself, Petitioner served as the chairman of the substance abuse and AA programs at Angola. Once an abuser of drugs and alcohol, Petitioner has not drunk or used drugs since being released from Angola, nor, presumably, well before his release. After being released from prison, Petitioner, with the permission of Louisiana and Florida authorities, returned to Fort Myers, which is where he grew up. He has just married a woman he has known since they were in high school. On returning to Fort Myers, Petitioner submitted 50-60 applications for jobs. He accepts without rancor that his criminal background has made it difficult to find employment. However, he eventually found a job as a painter and began work on February 12, 1996. He later took a nighttime job at a dry cleaners, but quit when he began working overtime as a painter. He has not yet been able to attend school due to financial reasons. However, Petitioner wants to work with the Ruth Cooper Center as a mental health technician. The Ruth Cooper Center would make available for him various educational opportunities, possibly including in the area of Petitioner's real interest of computer programming. Petitioner is highly intelligent. Petitioner is 41 years old and was in prison since he was 23 years old. He argues persuasively that, given the amount of time that he has been in prison, he should be allowed to demonstrate his rehabilitation through the leadership roles that he occupied while still in prison. After a rocky start, Petitioner prepared himself well in prison to demonstrate rehabilitation. He took advantage of all available opportunities and created additional opportunities for himself and others. However, clear and convincing evidence of rehabilitation requires, given the seriousness of the original crime, that Petitioner demonstrate for more than five months that he is capable of living productively outside of a prison setting. He has shown that it is more likely than not that he is entitled to the exemption; in a few more months of productive life, he should be able to show by clear and convincing evidence that he is entitled to the exemption.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department of Health and Rehabilitative Services enter a final order denying Petitioner an exemption without prejudice to reapplying at anytime. ENTERED on July 3, 1996, 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 July 3, 1996. COPIES FURNISHED: Deborah Studybaker District Screening Attorney Department of Health and Rehabilitative Services Post Office Box 60085 Fort Myers, Florida 33906 Gregory D. Venz Agency Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Culton Blue 3324 Armstrong Court Fort Myers, Florida 33916 Culton Blue 4822 Dueriamae Drive Fort Myers, Florida 33908
The Issue At issue is whether Respondent committed the offense set forth in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact Since September 26, 1986, Respondent, Dock Heidelberg, Jr., has been certified by Petitioner, Criminal Justice Standards and Training Commission, as a correctional officer, certificate number 48931. On May 11, 1990, Otis James Lawrence, a police officer employed by the City of Opa Locka, Dade County, Florida, was engaged, under cover, in a reverse sting operation. At or about 8:30 p.m. that date, Officer Lawrence was approached by Respondent, who asked if he could get "a bag of weed," referring to cannabis (marijuana). Officer Lawrence guided Respondent into a hallway area where he gave Respondent a small plastic baggie of cannabis, less than 5 ounces, in exchange for $7.00 in United States currency. Officer Lawrence then identified himself and placed Respondent under arrest for the purchase and possession of cannabis, as proscribed by Section 893.13, Florida Statutes. On December 16, 1993, in the County Court in and for Dade County, Florida, Case No. 90-69237, Respondent pled nolo contendere to the charge of unlawful possession of cannabis. The court found the Respondent guilty of the charge, but withheld adjudication, and assessed costs of $108.00. As for the charge of purchasing cannabis, no action was taken by the court. On March 26, 1996, during the course of Respondent's annual evaluation as a correctional officer employed at South Florida Reception Center, a FCIC report was obtained which revealed the aforesaid arrest. At the time, no information regarding the arrest was documented in Respondent's personnel file. Upon receipt of the information regarding Respondent's arrest, the matter was referred to a senior inspector with the Department of Corrections for investigation. That investigation was terminated when, on April 2, 1996, Respondent resigned his employment at South Florida Reception Center.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be rendered which finds Respondent guilty of having failed to maintain good moral character, as defined by Rule 11B-27.0011(4)(b), Florida Statutes, and therefore subject to disciplinary action for having violated the provisions of Section 943.1395(7), Florida Statutes. For such violation, it is RECOMMENDED that the penalty set forth in paragraph 20, above, should be imposed. It is further RECOMMENDED that the Final Order find Respondent not guilty of all other charges raised by the Administrative Complaint. DONE AND ENTERED this 9th day of June, 1998, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK 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 9th day of June, 1998. COPIES FURNISHED: Karen D. Simmons, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Dock Heidelberg, Jr. A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training 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 Prior to May 9, 1979, the Respondent held a rank III teacher's certificate issued by the Respondent. The Respondent met, and continues to meet, all requirements for rank III certification. The Respondent was employed in an instructional capacity with the Pinellas County School System from 1970 through June, 1980. The Respondent consistently received excellent evaluations during his tenure with the Pinellas County School System. On February 5, 1979, the Respondent made application to the State Department of Education, Teachers Certification Section, for a rank II teacher's certificate. While it does not appear that the Respondent actually filed the application, it was filed on his behalf and with his knowledge, and he was responsible for its being filed. The application included a transcript of course work which reflected that the Respondent had received a Masters of Education Degree from Florida A&M University on December 15, 1978. The transcript was a forgery. The Respondent had completed some course work toward a Masters Degree, but not nearly sufficient hours of courses to entitle him to a Masters Degree. A friend of the Respondent who was employed at Florida A&M University prepared the false transcript for the Respondent. The Respondent paid this individual $300.00, loaned him $700.00, and provided him with seafood, free lodging and football tickets as compensation for the forged transcript. The Respondent's testimony that the money, loan, and other items were not related to the forged transcript ha been found not credible. The Respondent signed the application, which was supported by the forged transcript. The following statement is set out above his signature: I understand that Florida Statutes provide for revocation of a teacher's certificate if evidence and proof is established that the certificate has been obtained by fraudulent means... I further certify that all information pertaining to this application is true and correct. The signature is notarized as having been sworn to and subscribed. On May 9, 1979, the Department of Education issued a rank II teacher's certificate to the Respondent. The Respondent was not eligible for rank II certification, and he obtained the certificate by fraudulent means. The Respondent filed the rank II certificate with his employer, the Pinellas County School Board, on or about June 13, 1979. As a result, the Respondent obtained an increase in pay retroactive to December 15, 1978. While the Respondent never held any position with the Pinellas County School Board that he would not have been eligible to hold under his rank III certification, he received a total of $1,606.85 in additional compensation based upon the rank II certification. The Respondent would not have received this additional income without submitting the rank II certificate to his employer. During July, 1980, state prosecuting authorities questioned employees of the Pinellas County School Board and the Respondent with respect to his rank II certificate. The Respondent confessed to having received the rank II certificate by fraudulent means. Following the confession the Respondent made full restitution of the $1,606.85 to the Pinellas County School Board. The Respondent was thereafter arrested and charged with grand theft in Pinellas County, Florida, and with forgery and bribery in Leon County, Florida. The charges in Leon County were dropped after the Respondent entered a plea of no contest to the Pinellas County charges. He was adjudicated guilty of the felony of grand theft on October 27, 1980, and placed on three years' probation. The Respondent had been suspended from his employment, and he resigned following his conviction. Several newspaper articles appeared relating to the charges filed against the Respondent and his conviction. The Respondent's effectiveness as an employee of the Pinellas County School System, and as a teacher, has been seriously reduced as a result of his misconduct. The Respondent was cooperative with authorities in connection with the criminal investigation. The Respondent is remorseful, realizes the gravity of his misconduct, and is susceptible of rehabilitation. The Respondent has not been subject to any disciplinary action as a teacher, or through any criminal prosecutions prior to this incident. It does not appear likely that the Respondent will engage in such conduct in the future.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Education Practices Commission enter a final order permanently revoking the rank II teaching certificate that had been issued to the Respondent, Particus B. Blackshear, Jr.; and that the Respondent's eligibility for any teaching certificate be revoked for a period of five years, subject to reinstatement only in accordance with the provisions of Section 231.28(4)(b), Florida Statutes. RECOMMENDED this 16th day of July, 1981 in Tallahassee, Florida. COPIES FURNISHED: J. David Holder, Esquire MacFarlane, Ferguson, Allison & Kelly 700 Lewis State Bank Building Post Office Box 1548 Tallahassee, Florida 32302 Howard P. Rives, Esquire Suite 1000 600 Cleveland Street Clearwater, Florida 33515 Mr. Donald L. Griesheimer Executive Director Education Practices Commission 125 Knott Building Tallahassee, Florida 32301 G. STEVEN PFEIFFER 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 16th day of July, 1981.
The Issue The issues in this case are whether the Respondent has violated Sections 491.009(2)(h) and (u), Florida Statutes, by failing to timely comply with a prior Board Order and, if so, the determination of an appropriate penalty.
Findings Of Fact The Respondent, David Pesek, is a licensed Marriage and Family Therapist in the State of Florida, and has been so licensed at all times relevant and material to this proceeding. His license number is NT 192. On September 7, 1988, the Petitioner filed an earlier Administrative Complaint against the Respondent in DPR Case No. 0055334. On February 14, 1990, the Respondent signed a stipulation providing for a stipulated disposition of DPR Case No. 0055334. The Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling approved the stipulated disposition at a meeting on April 27, 1990, and on Nay 23, 1990, a Final Order was rendered in DPR Case No. 0055334. The Final Order in DPR Case No. 0055334 included the following pertinent language: Respondent shall pay an administrative fine of one thousand dollars ($1,000) to the Executive Director of the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling within sixty (60) days of the filing of the Final Order herein. Respondent shall be placed on probation for one (1) year, with the condition of probation that Respondent's billing records and documents be reviewed by a consulting practitioner. The one (1) year probation shall begin to run when consulting practitioner is approved. Such consultant shall submit a written report to the Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling six (6) months following the rendition of the Final Order. The consulting practitioner shall be selected by Respondent, subject to approval of the Board. Pursuant to the terms of the Final Order in DPR Case No. 0055334, the deadline for paying the administrative fine was July 23, 1990. On November 27, 1990, the Department of Professional Regulation sent a letter to the Respondent reminding him that he had not complied with the Final Order in DPR Case No. 0055334. By letter dated December 6, 1990, and received on December 13, 1990, the Respondent transmitted his check in the amount of one thousand dollars in payment of the fine. 2/ The fine was paid approximately four and a half months after it was due. By letter dated January 23, 1991, the Respondent advised the Chairman of the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling of the name of a consulting practitioner who was willing to perform the review and reporting functions required by the Final Order in DPR Case No. 0055334. The letter of January 23, 1991, was two months after the deadline for the consultant's report. By letter dated April 1, 1991, the Respondent was advised by staff of the Department of Professional Regulation that his choice of a consulting practitioner had been approved, that the consultant's report would be due six months from the date of the letter, and that the Respondent's one-year probation period would begin as of the date of the letter. /3
Recommendation For all of the foregoing reasons, it is RECOMMENDED that the Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling enter a Final Order in this case to the following effect: Concluding that the Respondent did not violate Section 491.009(2)(h), Florida Statutes, and dismissing Count I of the Administrative Complaint. Concluding that the Respondent did violate Section 491.009(2)(u), Florida Statutes, and finding him guilty of the violation charged in Count II of the Administrative Complaint. Imposing a penalty consisting of: (1) an administra- tive fine in the amount of $500.00 (Five Hundred Dollars), (2) issuance of a public reprimand, and (3) a six-month period of probation, which period shall begin on the first day following the Respondent's current probation period and shall be subject to such reasonable conditions of probation as may seem appropriate to the Board. DONE AND ENTERED at Tallahassee, Leon County, Florida, this 7th day of January, 1992. MICHAEL M. PARRISH, 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 7th day of January, 1992.
The Issue Did Respondent violate the provisions of Section 817.567, Florida Statutes (2004), or any lesser included offenses, Section 943.1395(6) and/or (7), Florida Statutes (2004), and Florida Administrative Code Rule 11B-27.0011(4)(b) and/or (c), by failing to maintain the qualifications established in Section 943.13(7), Florida Statutes (2004), requiring maintenance of good moral character?
Findings Of Fact Undisputed Facts: Respondent was certified by the Criminal Justice Standards and Training Commission on September 5, 1995, and was issued Correctional Certificate Number 157626. Additional Facts: Petitioner's Exhibit numbered A11 is a copy of an interoffice memorandum from Respondent to the "Personnel Dept." This reference to the personnel department is taken to refer to the Florida Department of Corrections, in view of other proof in this record. The interoffice memorandum goes on to describe as the subject "transcript and diploma." The interoffice memorandum says "I have enclosed a copy of my diploma and transcript. Please place these in my personnel file and update my records and incentive. Thank you, W.S.D." The exhibit reflects in a handwritten note of unknown origins, "This diploma & transcript are ineligible for CJIP because this is not an accredited college." Nothing else in this record describes the nature of the transcript and diploma referred to in the interoffice memorandum concerning the particulars of the transcript and diploma that was mentioned on January 31, 1999, nor can it be reasonably inferred. As evidenced by Petitioner's Exhibit numbered A15, Respondent prepared and signed an employment application with the Florida Department of Corrections for the position of Correctional Probation Officer on June 14, 2004. In the course of this application Respondent listed under the section related to college university or professional school "Southern Mississippi" at "Hattiesburg, Mississippi", which he allegedly attended from August 1996 through August 2003, participating in a course of study referred to as "Criminal Justice" at which, according to the application, he earned an M.S. degree. In fact Respondent had never attended the University of Southern Mississippi as explained in correspondence dated July 6, 2004, from Greg Pierce, University Registrar at the University of Southern Mississippi directed to Terry Foskey, a payroll specialist with the Department of Corrections, Region I Service Center, who had inquired of the University of Southern Mississippi concerning Respondent's status as a student. This correspondence is Petitioner's Exhibit numbered A9. Moreover, a transcript, Petitioner's Exhibit numbered A3, which Mr. Foskey had supplied a verification specialist in the registrar's office at the University of Southern Mississippi, Trudy Stewart or Steward, was found not to resemble a transcript from that university, as explained by Mr. Pierce in his correspondence. The transcript, Petitioner's Exhibit numbered A3, had been received by Mr. Foskey on June 28, 2004. Mr. Foskey was uncertain of the information contained in the transcript. This led to his inquiry to the University of Southern Mississippi, with the determination being made that the transcript did not come from that university. While Mr. Foskey was attempting to clarify the status of the transcript with the University of Southern Mississippi, he was contacted by Respondent who asked if Mr. Foskey had received the transcript. Mr. Foskey replied that he had and asked what Respondent wanted done with that transcript. Respondent answered that he had pulled up information on a program known as ATMS, which the Florida Department of Law Enforcement uses to track certified officers, Respondent among them. As a result Respondent said that he needed this document, meaning the transcript, entered into the ATMS because he was transferring from his present position into another position he referred to as security. There was a series of e-mails as reflected in Petitioner's Exhibit numbered A8 from Respondent to Mr. Foskey. The first was on July 1, 2004. It says "Per telephone call, please place information in ATMS 2 and in my personnel file Thanks." Then the name and position of Respondent as Classification Officer at Santa Rosa CI-119 is provided. On that same date another e-mail was dispatched from Mr. Foskey back to Respondent which said "Thank you for the follow-up." As reflected in the exhibit, on July 7, 2004, Respondent sent an e- mail to Mr. Foskey, with the subject line being "Re: Transcript," which said in its text, "Mr. Foskey, how long does it take for the information to be entered into ATMS 2?" The change in employment position by Respondent that was being described for Mr. Foskey related to the application, Petitioner's Exhibit numbered A15. Pertinent to this inquiry, the Correctional Probation Officer job being sought by Respondent required a bachelor's degree level of education as a prerequisite to filling the position. The reference made by Respondent to the M.S. degree from University of Southern Mississippi is perceived as Respondent's attempt to show that he had the necessary level of education to apply for the job. In relation to his pursuit of the Correctional Probation Officer position, on June 8, 2004, Respondent had filed a request for demotion with the Regional I Service Center Department of Corrections for personal reasons, requesting permission to move from his position of Senior Classification Officer to that of Correctional Probation Officer. This is reflected in Petitioner's Exhibit numbered A15A. As a result of the incident concerning the purported transcript from the University of Southern Mississippi, the Department of Corrections, Office of the Inspector General investigated. That investigation was conducted by David Ellis. In a discussion between Mr. Ellis and Respondent concerning the subject transcript, Respondent acknowledged that he had the documentation sent to personnel, taken to mean the personnel office with the Department of Corrections. Respondent told Mr. Ellis that he had requested that the transcript be sent to personnel and had supplied information to a company to have it sent. Respondent did not remember the name of the company, as he explained to Mr. Ellis. Respondent told Mr. Ellis that he had read a personnel memorandum on the Department of Corrections website about a university in southern Florida that would accept life experience for college credits and that he, meaning Respondent, searched the web and found that the University of Southern Mississippi did likewise. The memorandum about the university in southern Florida, refers to Florida Southern College, and is found to be that as reflected in Respondent's Exhibit numbered A5. Respondent then sent an e-mail to the internet company requesting information about college degrees. The company sent him a package explaining the process and he sent something back about his life experiences, with a check of $800.00 and a list of other college credits earned elsewhere. Respondent told Mr. Ellis that he then received the subject transcript at his home from the University of Southern Mississippi on a later date. This is found to be as arranged through the internet company. The transcript that he received at home, Respondent compared to the one that had been received by Mr. Foskey and Respondent told Mr. Ellis they were the same with the exception that his transcript copy had a seal in the middle. Respondent acknowledged to Mr. Ellis that he had not taken any of the courses on the transcript that has been described and had not earned any grades for any of those courses reflected on the transcript. When Mr. Ellis asked Respondent why he would send something to personnel that he had never officially done, Respondent replied because he thought it was all right. Mr. Ellis asked Respondent to give him information about the internet company that Respondent had referred to and any information regarding payment to that company by Respondent. Respondent called Mr. Ellis back and told him that the name of the company was CustomDegrees.com. It is found that Respondent's Exhibit numbered 4 is information from CustomDegrees.com that Respondent relied on. Nothing about this information from CustomDegrees.com provided to Respondent, and for which Respondent paid a service fee, could reasonably be interpreted to serve as the functional equivalent of having earned the degree from the University of Southern Mississippi for which Respondent intended to take credit. Petitioner's Exhibit numbered A3A constitutes a handwritten educational history which Respondent provided to CustomDegrees.com for them to provide the degree which was falsely portrayed as having been issued by the University of Southern Mississippi.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a Final Order be entered finding violations of the Statutes and Rules referred to and suspending Respondent's Correctional Certificate Number 157626 for 60 days. DONE AND ENTERED this 12th day of April, 2006, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS 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 12th day of April, 2006. COPIES FURNISHED: Linton B. Eason, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 R. John Westberry, Esquire Holt & Westberry, P.A. 1308-B Dunmire Street Pensacola, Florida 32504 Michael Crews, Program Director Criminal Justice Standards and Training Commission 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
The Issue The issue is whether the Petitioner forfeited his retirement benefits due to criminal convictions.
Findings Of Fact According to the Petition for Hearing, the Petitioner was an educator employed with the Brevard County School Board and taught in a public elementary school when he was charged with lewdly molesting six minor female students during the 2000/2001 academic year by patting or touching them on their clothed buttocks or clothed breasts. The charges were filed in March 2001. The Petitioner denied the charges and stood trial by jury. In January 2005, the Petitioner was adjudicated guilty on three second-degree felony counts of lewd molestation and one first-degree felony count of lewd molestation in violation of section 800.04(5), Florida Statutes. The former investigator for the State Attorney’s Office that prosecuted the Petitioner testified at the final hearing in this case that the alleged victims made statements to him about the Petitioner’s crime and its relation to his employment as a teacher, and that he went to the school to document the setup of the Petitioner’s classroom. The investigator had no personal knowledge, and it was unclear from his testimony whether he received information about the Petitioner’s crime and its relation to his employment from anyone other than the alleged victims. The Petitioner was a member of the Florida Retirement System (FRS) at the time of the criminal charges against him and would have been entitled to retirement benefits if it were not for the criminal convictions.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent enter a final order: denying the Petition for Hearing; and holding that the Petitioner forfeited his retirement benefits, except for the return of any accumulated contributions, when he was convicted of felonies for lewd or lascivious molestation of minor female students at the school where he was employed. DONE AND ENTERED this 21st day of October, 2016, in Tallahassee, Leon County, Florida. S J. LAWRENCE JOHNSTON 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 21st day of October, 2016. COPIES FURNISHED: Thomas D. Sommerville, Esquire Law Offices of Thomas D. Sommerville, P.A. 820 North Thornton Avenue Orlando, Florida 32803 (eServed) Thomas E. Wright, Esquire Office of the General Counsel Department of Management Services Suite 160 4050 Esplanade Way Tallahassee, Florida 32399 (eServed) Elizabeth Stevens, Director Division of Retirement Department of Management Services Post Office Box 9000 Tallahassee, Florida 32315-9000 (eServed) J. Andrew Atkinson, General Counsel Office of the General Counsel Department of Management Services Suite 160 4050 Esplanade Way Tallahassee, Florida 32399-0950 (eServed)
The Issue Whether Respondent, a corrections officer, has failed to maintain the qualification to have good moral character, as alleged in the Administrative Complaint.
Findings Of Fact The Respondent was certified by the Criminal Justice Standards and Training Commission on February 19, 1993, as a Corrections Officer, Certification Number 136191. Respondent’s certification is active. At all times relevant, the Respondent was employed as a corrections officer with the Central Florida Reception Center. On November 5, 1994, Karen Mills was employed as a law enforcement officer with the Seminole County Sheriff’s office. At the time of the event, Officer Mills had been working under cover for five years with the City/County Investigative Bureau. Officer Mills was working undercover at one o’clock on a Saturday morning posing as a prostitute on the sidewalk and parking lot located at State Road 427 and Pomosa in Sanford, Florida. On November 5, 1994, Mills approached a black male driving a Toyota car, later identified as the Respondent, Travis Long, when he stopped for a traffic light at the corner of State Road 427 and Pomosa. After idle conversation, the Respondent asked what she was doing. She advised that she was trying to make some money. He asked her if she would “take it up the ass?” She took that to mean that he wanted anal intercourse. Mills said yes and asked him how much money he was willing to pay. Respondent said $25.00. Mills said she wanted $40.00. Respondent agreed but stated that he would have to go get the money from an ATM and also that he wanted to get something to eat. He asked Mills if she wanted to go with him to get something to eat. Mills declined. Mills did not immediately arrest Respondent because she wanted to see the money to confirm that he was there to buy sex. Respondent left the area and returned 20 minutes later. Upon his return, Respondent asked Mills if she was a cop and asked her to pull up her shirt to prove that she was not carrying a recording device (a wire). Mills asked Respondent if he was a cop. He said no, and ultimately exposed his penis as a way to prove it to her. Mills asked Respondent to show her the money and kept encouraging him to do so, by saying, “You ain’t gonna pay me . . . You ain’t got no money. I just want to be sure I’m gonna get paid.” Respondent finally showed Mills the money and mouthed, without speaking, “I will pay you.” As soon as she saw the money, Mills, who was wearing a wire, gave the predetermined code. Respondent began to pull away in his vehicle but other officers pulled him over and arrested him. Respondent plead Nolo Contendere to the charge of Lewd and Lascivious Behavior, a second degree misdemeanor, in the County Court for Seminole County, Florida, on January 5, 1995. Respondent was adjudicated guilty, and a $100 fine was imposed. Respondent’s testimony that, although he conducted himself as above stated, he did not have the intent to solicit for prostitution on the night of November 5, 1994, is not credible. Respondent was an energetic, hard-working individual. Respondent had no prior criminal or employment discipline problems prior to this incident. Respondent has continued in his current position as a corrections officer in the three years since the incident and has received above-average ratings.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED as follows: Respondent be found guilty of failure to maintain good moral character, as required by Subsection 943.13(7), Florida Statutes (1993). Respondent's certification be SUSPENDED for a period of six months and that the Commission impose such conditions on his reinstatement as it deems reasonable and necessary. DONE AND ENTERED this 26th day of August, 1997, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 230 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 26th day of August, 1997. COPIES FURNISHED: Amy Bardill, Esquire Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 H. R. Bishop, Jr., Esquire 300 East Brevard Street Tallahassee, Florida 32301 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 A. Leon Lowry, II, Director Department of Law Enforcement Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302
