The Issue Whether the Respondent, Michael D. Ely, committed the violations alleged in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact The Petitioner is the state agency charged with the responsibility of regulating and licensing law enforcement officers pursuant to Florida law. As such, the Petitioner has jurisdiction over disciplinary actions against law enforcement officers. At all times material to the allegations of this case, the Respondent was a certified law enforcement officer holding certificate number 1119822. At all times material to the allegations of this case, the Respondent was employed by the Escambia County Sheriff's Office and worked as a deputy sheriff assigned to road patrol for a designated geographic area within the county. At all times material to the allegations of this case, the Respondent was romantically involved with or was residing with an individual identified in this record as Greta Fernandez or Greta Brown. By his admission, the Respondent's relationship with Ms. Brown began around the first of August 2002. The Respondent met Ms. Brown while he was working an off duty job at Pensacola Beach. His romantic interest in her began in earnest a short while later after he bumped into her at a club known as "Coconuts." Shortly after beginning his association with Ms. Brown, the Respondent was verbally counseled by his superior officer regarding his choice of friends. Officers are warned not to socialize with and associate themselves with undesirable persons. Concerns over the Respondent's association with Ms. Brown continued and eventually led to a written report (Petitioner's Exhibit 3) issued on September 21, 2002. According to the Respondent, an individual named Patty Clark verbally teased and tormented Ms. Brown's minor child as the student left the school bus en route home. While the child did not testify in this cause it is presumed for purposes of this record that the extent of the "teasing" included verbal comments and a hand gesture commonly referred to as "the finger." It was alleged that the child was very upset by the incident. At Ms. Brown's urging, on or about September 21, 2002, the Respondent contacted Ms. Clark by telephone and identified himself as a deputy sheriff. He further admonished Ms. Clark to cease her behavior regarding the minor child and issued a veiled comment regarding the status of Ms. Clark's driving privileges (suspended). The Respondent did not write up the incident, did not refer the matter to other law enforcement who might have jurisdiction over the matter (e.g. the Pensacola police department), or take any official action against Ms. Clark. Other than the telephone call that was intended to curb Ms. Clark's actions toward the child, the Respondent took no other official action against the alleged perpetrator. Because she did not appreciate the manner in which she had been contacted, Ms. Clark filed a complaint against the Respondent with the Sheriff's Office. That complaint led to the written counseling report noted in paragraph 6. It is not alleged that Ms. Clark's actions or comments to the minor child constituted any criminal behavior. Moreover, other than to pacify Ms. Brown and presumably her child, it is unknown why the Respondent would have used his official position as a deputy sheriff to pursue the matter. If Ms. Clark committed a crime or an actionable infraction, the Respondent's wiser course would have been to refer the matter/incident to an appropriate law enforcement authority. As it happened, the Respondent attempted to use his official position of authority to secure a benefit for himself, his girlfriend and/or her child, that is, to coerce the alleged perpetrator (Ms. Clark) and to thereby keep her from interacting with the minor again. Despite the counseling on September 21, 2002, and in contrast to his testimony in this cause on October 15, 2003 (that his relationship with Ms. Brown ended "like the second week of September of 2002"), the Respondent's relationship with Ms. Brown did not end in September 2002. The weight of the credible evidence supports the finding that the Respondent continued seeing Ms. Brown after the second week of September 2002 and knew or should have known that she associated with persons whose reputations were less than stellar. In fact, the Respondent admitted that he utilized resources available to him through the Sheriff's Office to run background checks on at least two of Ms. Brown's friends because he thought they were "no good." More telling, however, is the fact that the Respondent admitted receiving and delivering to Ms. Brown what he believed were narcotic pills (from Dan Faircloth). The Respondent admitted that Ms. Brown did not go to physicians or doctors on a regular basis for treatment. He also knew that Mr. Faircloth was neither a doctor nor a pharmacist. Finally, the Respondent knew that Ms. Brown continued to receive and take pills for her alleged pain. How the Respondent could have imagined it appropriate for Mr. Faircloth to supply drugs to Ms. Brown is not explained in this record. Whether or not the pills actually were a controlled substance is unknown. It is certain the Respondent believed them to be. Eventually, the Respondent admitted to his superior that he found a crack pipe in his apartment (presumably owned by Ms. Brown). When the incident of the pipe came out, the Respondent was again instructed to break off his relationship with Ms. Brown. As late as November 2002 the Respondent continued to be in contact with Ms. Brown. The Sheriff's Office was by that time so concerned regarding the Respondent's poor judgment in his selection of associates that Lt. Spears felt compelled to write a memorandum to her superior regarding various allegations. One of the incidents that triggered an internal affairs investigation was the Respondent's disclosure to Ms. Brown that the Sheriff's Office was looking for one of her former friends. Ms. Brown tipped the person (for whom an arrest warrant had been issued) off that deputies were looking for her. Based upon the warning of her impending arrest, the suspect fled the jurisdiction. Ultimately, the suspect's arrest was delayed due to the Respondent's disclosure of the warrant information to Ms. Brown. At some point a reasonable person, and certainly a trained law enforcement officer, should have known that Ms. Brown and her associates were not appropriate persons with whom to socialize. In fact, when the Respondent elected to run a background check on Ms. Brown (presumably to check the status of her driving privileges) because he did not want her to drive his vehicle without a valid license, he should have questioned whether or not he should associate with someone he might not be able to trust. When two of her friends were arrested as a result of his checks on them, he should have clearly known to disassociate from Ms. Brown. That he remained in the relationship for as long as he did is incomprehensible. The Respondent offered no rational explanation for his behavior.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission, enter a final order finding the Respondent failed to maintain good moral character as required by law and that the Respondent's certification be revoked based upon the severity of the conduct, the number of violations established by this record, and the lack of mitigating circumstances to support a lesser penalty. S DONE AND ENTERED this 6th day of January, 2004, in Tallahassee, Leon County, Florida. ___________________________________ J. D. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-9675 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of January, 2004. COPIES FURNISHED: Rod Caswell, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32303 Linton B. Eason, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Roy M. Kinsey, Jr., Esquire Kinsey, Troxel, Johnson & Walborsky, P.A. 438 East Government Street Pensacola, Florida 32502
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 in the face of an arrest and conviction of Petitioner for a felony offense, which allegedly would cause the Petitioner to be rejected as an applicant for certification. The denial of licensure is purportedly in keeping with the dictates of Subsection 943.13(4), Florida Statutes.
Findings Of Fact Petitioner had made application to be certified as a law enforcement officer in the State of Florida, in keeping with the terms and conditions of Subsection 943.13, Florida Statutes. See Respondent's Exhibit No. 1, admitted into evidence. Petitioner has completed all administrative requirements for such licensure; however, he has been denied licensure based upon his arrest, a finding of guilt and judgment and sentence related to a charge of conspiracy to transport a stolen vehicle in Interstate Commerce and Foreign Commerce from New York, New York, to Miami, Florida, and from Miami, Florida, to Havana, Cuba, knowing that the motor vehicle had been stolen. This offense related to Title XVIII, Sections 2312 and 2371, U.S.C., in an action in the United States District Court for the Southern District of Florida, Case No. 8519-M-CR. For these matters the Petitioner was imprisoned for a period of two (2) years on two (2) counts of the indictment, Counts 3 and 6. The sentence in those counts was to run concurrently. See Respondent's Exhibit No. 2, admitted into evidence. Petitioner has had his civil rights restored in the State of Florida, together with his rights to own, possess and use a firearm. Federal firearms disability arising from the felony conviction have also been set aside. See Petitioner's Exhibit Nos. 1 through 3, respectively, admitted into evidence.
Findings Of Fact Respondent was born on February 4, 1957. He attended the Orlando Police Academy from March to June, 1980. Academically, he ranked eighth among the 47 recruits. He received the Mayor's Award for overall performance. In 1980, after graduating from the Orlando Police Academy, Respondent joined the Orlando Police Department. He completed his field training without incident and then was assigned to patrol duty. After about six months, Respondent, who was already serving as an instructor at the Orlando Police Department, was requested to be an assistant squad leader. An assistant squad leader performs all of the duties of the sergeant when the sergeant is absent. After about six months as an assistant squad leader, a major asked Respondent to become field training coordinator in the training section. After a year on this assignment, Respondent was promoted to sergeant and then spent another year on the road as a patrol sergeant. At this point, the major in charge of the field operations bureau of the patrol division, asked Respondent to become his administrative assistant. Respondent served two majors a total of about a year in this position. Respondent was on track toward entering management in the police department. After a year as an administrative assistant, Respondent was assigned to the criminal investigation division where he was in charge of the youth section. This was Respondent's position when he left the Orlando Police Department in the middle of 1986. In early 1985, Respondent met Donna Jackson while he was working off- duty. At this time, Respondent and his wife had been separated since late 1983 or early 1984. After the initial meeting and before any additional encounters, Respondent ran a background check on Ms. Jackson and found that she had been on probation about three years earlier for possession of a controlled substance. When Respondent informed Ms. Jackson that her background precluded any relationship due to his employment, she began crying and told him that she had been trying to put her life back in order. That evening, Respondent and Ms. Jackson commenced an intimate relationship. A few months into the relationship, Respondent learned that Ms. Jackson had been misleading him and was not trying to get her life back together. By August or September, 1985, the relationship began to deteriorate. Ms. Jackson began to consume alcohol heavily and having male visitors late at night. Respondent and Ms. Jackson began to fight. The domestic disputes occasionally involved some physical contact, but the contact was insubstantial. One evening, Respondent and Ms. Jackson had gone to a nightclub in Seminole County where they met a woman who invited them to a party at her residence. As they began to leave the parking lot of the nightclub, Ms. Jackson and the woman lit up a marijuana cigarette. Respondent immediately objected and insisted that he and Ms. Jackson go home, which they did. However, Respondent, who lacked the power to arrest Ms. Jackson and the woman because it was a misdemeanor outside of his jurisdiction, did not report the incident to the Seminole County Sheriff's Office. At this point, Respondent learned from Ms. Jackson's mother the severity of her past drug problems. Respondent broke off the relationship at this point, expressing a desire to remain friends only. By April, 1986, Respondent had not seen Ms. Jackson for a couple of months. Ms. Jackson's mother telephoned and told him that Ms. Jackson had taken a turn for the worse and had lost her apartment. Ms. Jackson, who was abusing drugs heavily again, and her young daughter were living on the streets. Ms. Jackson's mother begged Respondent to help them. At about this time, Ms. Jackson had been arrested in Orlando for driving without a license. She had asked that one of the officers contact Respondent. When he spoke with Ms. Jackson, Respondent assured her that he would try to help her as a friend. Released before her court appearance, Ms. Jackson failed to appear in court. Having spoken with Ms. Jackson's probation officer about the possibility of admitting her into a rehabilitation program, Respondent informed Ms. Jackson that he would arrest her if he saw her driving because he knew she no longer had a license. Respondent and the probation officer thought that such an arrest might help them find a place for Ms. Jackson in a program. Respondent later saw her driving an automobile, arrested her, and contacted her probation officer about placing her in a program. However, she bonded out, of jail before they could do anything. Shortly after Ms. Jackson was released from jail, the probation officer caused an arrest warrant to be issued for Ms. Jackson for violation of the conditions of her probation. Again, the intent was to use this means to find her a place in a rehabilitation program. The morning that the violation-of probation warrant was issued, which was on or about September 23, 1986, Ms. Jackson's mother telephoned Respondent and told him that she knew where Ms. Jackson was. At that point, the probation officer informed Respondent that a facility had a bed available for Ms. Jackson if they could detain her involuntarily. Respondent immediately found Ms. Jackson and arrested her. A minor scuffle occurred between Respondent and a female companion of Ms. Jackson, and Respondent soiled and tore his suit. Respondent then began to transport Ms. Jackson in an unmarked vehicle to the booking department. After learning that they did not yet have the violation-of-probation warrant, Respondent pulled the car over and he and Ms. Jackson began to talk about why she had refused his help. Ms. Jackson then asked if Respondent would take her to see her mother before taking her to jail. Although they were near the booking department at the time and Ms. Jackson's parents lived 5-10 miles away, Respondent agreed to take her to see her mother before going to jail. While at the parents' home, Respondent, who is a careful dresser, noticed for the first time the condition of his suit as a result of the earlier scuffle. When they left the parents' home, Respondent decided to drop by his apartment in order to change his clothes before taking her in for booking. While at the apartment with Ms. Jackson, Respondent was unable to resist her entreaties to have sex with her one more time. Following sex, he took her to the booking department where she was processed on the violation-of- probation warrant. Upset that Respondent had arrested her and refused to let her go, on October 9, 1986, Ms. Jackson falsely accused Respondent of raping her when they had intercourse in his apartment on the day of her arrest. Respondent cooperated fully with the internal investigation and candidly answered all questions asked of him. He resigned from the Orlando Police Department at that time. Shortly after this incident, Respondent began to see his estranged wife again and, about two or three months later, they were reconciled. Until Ms. Jackson's false charges were resolved, Respondent worked as a salesman for Cablevision of Central Florida where he quickly emerged as one of the top three sales representatives. He also underwent extensive counselling with his pastor at church and other ministers. Several of the ministers testified at the hearing as to Respondent's good moral character, notwithstanding the obvious mistakes he made with respect to his relationship with Ms. Jackson. The state attorney declined to prosecute the case and the charges were dropped in June, 1987 Respondent immediately began applying to other police departments for a position as an officer. After several unsuccessful attempts, he finally was offered an entry-level officer's position with the Titusville Police Department. Although he had made about $37,000 during the past ten months as a salesman, he agreed to an $18,000 annual salary with the Titusville Police Department because of his love for law enforcement. Respondent is currently assigned to the tactical unit of the Titusville Police Department. His record has been exemplary. His performance under pressure, including on one occasion the fatal shooting of another officer, has been outstanding, and he has assumed a significant leadership role among the officers in the department. Numerous law enforcement officers testified on behalf of Respondent. Several testified that domestic disputes of the type in this case are not uncommon among law enforcement officers. Several testified that they would have done nothing under the circumstances had they observed Ms. Jackson and the other woman smoking marijuana outside of their jurisdiction. The testimony of three witness has been given considerable weight. Ms. Jackson's parents testified to her manipulativeness and, more importantly, the positive effect that Respondent had had upon her. Regrettably, they testified that she has not recovered from her battle with drug abuse and they were, at the time of the hearing, unaware of where she was living. Titusville Police Chief Charles Ball, who has been in law enforcement for over 20 years and chief of the department for 10 years, testified that the revocation of Respondent's certificate would represent a loss to the Titusville Police Department and law enforcement generally. Chief Ball testified that Respondent is of good moral character, even considering the poor judgment described above.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered dismissing the Administrative Complaint. ENTERED this 9th day of May, 1989, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with Clerk of the Division of Administrative Hearings this 9th day of May, 1989. COPIES FURNISHED: Stewart Cohen, Esq. Pilacek & Cohen 1516 East Hillcrest Street Suite 204 Orlando, FL 32803 Joseph S. White, Esq. Department of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302 Jeffrey Long, Director Criminal Justice standards and Training Commission Post Office Box 1489 Tallahassee, FL 32302 Daryl McLaughlin, Executive Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, FL 32302 Rodney Gaddy, Esq. General Counsel Criminal Justice standards and Training Commission Post Office Box 1489 Tallahassee, FL 32302
The Issue Whether Respondent, Lamar S. Green's, conduct evidenced lack of "good moral character" as alleged in the Administrative Complaint in this matter.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following Findings of Fact are made: Respondent was certified by Petitioner on November 18, 1998. He holds law enforcement Certificate No. 197843. At the times relevant to the allegations of impropriety in the Administrative Complaint, Respondent was a bailiff with the Polk County Sheriff's Office. On October 15, 2006, Deputy Jeff Blair of the Polk County Sheriff's Office responded to a residence in Lakeland regarding a child custody dispute. Upon arrival at the residence, Deputy Blair met with Tracy Fields. Ms. Fields wanted Deputy Blair to get her children back from her ex-husband, Mr. Fields. Based on the initial information he obtained, Deputy Blair told Ms. Fields that in the absence of a court order, he was not authorized to intervene in the matter. (Apparently, it was later determined that a restraining order as a result of domestic violence had been issued against Mr. Fields. It appeared that the restraining order had been issued prior to October 15, 2006. It is also similarly unclear as to whether the restraining order awarded custodial responsibility and visitation and would have provided the "court order" Deputy Blair required.) Subsequently, Respondent, Ms. Fields' boyfriend, arrived on the scene. Deputy Blair did not know Respondent and Respondent was not in uniform. Deputy Blair repeated his statement to Respondent and Ms. Fields that in the absence of a court order, he was not authorized to intervene in the matter. Respondent reacted angrily to Deputy Blair, became confrontational, and questioned Deputy Blair as to his time in service as a law enforcement officer by telling him that given his identification number, he had not been a deputy very long. Respondent subsequently apologized to Deputy Blair and identified himself as a deputy sheriff, serving as a bailiff. While Deputy Blair was discussing the matter with Ms. Fields and Respondent, Deputy Blair received a report that a "911" call had been made reporting Ms. Fields at Mr. Fields' house, which was obviously untrue since she was with him. In addition, Mr. Fields agreed to meet Deputy Blair and his watch commander at a gas station to return the Fields' children. He failed to meet them. Neither of these incidents resulted in an incident report; however, Deputy Blair was directed to author an Incident Report regarding Respondent's conduct. In June 2006, Respondent was re-assigned from his post as a court bailiff to the court holding section based on a memorandum from a judge to Respondent's supervisor regarding Respondent's work performance. The stated reason for Respondent's reassignment was his reported absenteeism from his courtroom duties. Respondent was told this by his Captain, and he acknowledged that he understood. Respondent explained to his Captain that he had been having difficulties with his bowels that made it necessary to be absent from the courtroom from time to time. On September 15, 2006, Respondent testified as a witness before Polk County Circuit Court Judge Carpanini in a domestic violence injunction hearing in Fields v. Fields, Polk County Circuit Court Case No. 2006DR-6613. During direct examination, Respondent was questioned about his removal from his job assignment as a bailiff with the Polk County Sheriff's Office. The following is the relevant portion of the testimony: T. Fields: Has there been any other type of harassment that you feel Mr. Fields has employed upon you? Respondent: He's contacted the Polk County Sheriff's Office and filed a complaint with the internal affairs against me, which is not true. I have documentation and we'll have testimony from the deputy that was at the Kroger's Dance Studio that what he alleges in the complaint is not factual, also he alleged a, tried to put an injunction of protection against me, stating I threatened his secretary that I didn't (inaudible) him. It was denied. He then entered a voluntary dismissal up of [sic] that injunction, but there still is an investigation at the sheriff's office that's going to be followed up on where he filed a bogus complaint against me there. T. Fields: And because of this harassment Mr. Green, you've had to hire an attorney haven't you? Respondent: That's correct. T. Fields: And you've been removed from your current position as a bailiff here at the courthouse? Respondent: That's correct. T. Fields: And was that on or before- Judge Carpanini: Mrs. Fields is this; this case doesn't involve Mr. Green. It involves you so please move on. During cross-examination, Respondent was questioned further about his removal from his job assignment as a bailiff with the Polk County Sheriff's Office. The following is the relevant portion of that testimony: ML: You know, you mentioned with Mrs. Fields earlier that you've been removed from your job, your current job here at the courthouse because of Mr. Fields. Respondent: Believe so. That investigation isn't complete. Respondent's testimony set forth hereinabove is ancillary to the matter at issue before the Circuit Court and not dispositive of any issue in the domestic violence case involving Mr. and Mrs. Fields, and, as pointed out by the presiding Circuit Court Judge, this testimony is not germane to the issue being considered by the Court. In addition, it clearly expresses Respondent's opinion or belief on why his job was changed.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent, Lamar S. Green, be found not guilty of failure to maintain good moral character as required by Subsection 943.13(7), Florida Statutes; and that no disciplinary action be taken against Respondent's law enforcement certification. This matter should be dismissed. DONE AND ENTERED this 22nd day of May, 2008, in Tallahassee, Leon County, Florida. S JEFF B. CLARK 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 22nd day of May, 2008. COPIES FURNISHED: Michael Crews, Program Director Division of Criminal Justice Professionalism Services Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Joseph S. White, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue This is a case in which, by Administrative Complaint served on Respondent on September 17, 1985, the Criminal Justice. Standards And Training Commission seeks to revoke Certificate Number 502-3415, which was issued to Respondent on November 5, 1982. As grounds for the proposed revocation it is asserted that Respondent lacks good moral character and is therefore in violation of Section 943.1395(5), Florida Statutes.
Findings Of Fact Based on the admissions and stipulations of the parties, on the exhibits received in evidence, and on the testimony of the witnesses at the formal hearing, I make the following findings of fact. The Respondent was certified by the Criminal Justice Standards And Training Commission on November 5, 1982, and was issued Certificate Number 502-3415. During December of 1984 and January of 1985, the Respondent was employed as a correctional officer at the Polk Correctional Institution. On January 29, 1985, Polk County Sheriff's Deputy Lawrence Annen and Department of Corrections Inspector Clayton Lambert served a search warrant and conducted a search inside the Polk County, Florida, residence of the Respondent and his wife. Upon the arrival of Deputy Annen and Inspector Lambert at the Respondent's home on January 29, 1985, the Respondent was present and was advised of the warrant and of his constitutional rights under the Miranda decision. The Respondent indicated that he understood his rights. Subsequent to the foregoing, the Respondent led then Deputy and the Inspector to a quantity of cannabis, which was present inside Respondent's residence. The Respondent pointed out the cannabis and stated "here it is" and "this is all I have." During the execution of the search warrant, the Respondent also stated that he and his wife had purchased the marijuana for $25 an ounce or baggie. The cannabis was seized by Deputy Annen as evidence and was later submitted to the Florida Department of Law Enforcement crime laboratory for analysis. It was confirmed by scientific analysis to be 9.1 grams of cannabis. On January 31, 1985, the Respondent was again advised of his constitutional rights under the Miranda decision by Inspector Lambert. The Respondent thereafter admitted smoking cannabis because it relaxed him and admitted giving his wife money with which to buy cannabis. The Respondent readily admitted, during the course of the formal hearing in this case, that he had unlawfully possessed and used cannabis and had furnished the funds for his wife to purchase cannabis. The Respondent was adjudged guilty, on March 20, 1985, as to the criminal charge of Possession of Less Than Twenty Grams of Cannabis before the County Court, in and for Polk County, Florida.
Recommendation For all of the foregoing reasons, it is recommended that the Criminal Justice Standards And Training Commission issue a Final Order revoking Respondent's Certificate Number 502-3415. DONE AND ORDERED this 16th day of May, 1986, at Tallahassee, Florida. MICHAEL M. PARRISH, 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 May, 1986. APPENDIX The following are my specific rulings on each of the proposed findings of fact submitted by the parties. Findings proposed by Petitioner Paragraph 1 of the Petitioner's proposed findings consists of a summary of the procedural history of this case. It is rejected as a finding of fact, but is incorporated in substance into the introductory information in this Recommended Order. The following paragraphs of Petitioner's proposed findings are all accepted with a few minor editorial changes: 2, 3,-4, 5, 6, 7, 8, 9, 11, and 12. The substance of paragraph 10 of Petitioner's proposed findings is accepted with the deletion of unnecessary subordinate details. Findings proposed by Respondent The Respondent did not file any proposed findings of fact. COPIES FURNISHED: Joseph S. White, Esquire Office of General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Mr. Harry C. Frier Post Office Box 2062 Lakeland, Florida 33802 Daryl G. McLaughlin, Director Criminal Justice Standards And Training Commission Department of Law Enforcement P. O. Box 1489 Tallahassee, Florida 32302 Robert R. Dempsey, Executive Director Department of Law Enforcement P. O. Box 1489 Tallahassee, Florida 32302
Findings Of Fact At all times material to this administrative complaint, Respondent was employed as a correctional officer at the Putnam Correctional Institution (Putnam). He was certified August 14, 1987 by certificate #14-87-502-13. He is 26 years old. In September 1987, Florida Department of Law Enforcement (FDLE) Special Agent Jimmie Collins was tipped off by Michael Adkins, an inmate at Putnam, that a correctional officer was interested in selling one or two kilograms of cocaine. Collins approached Adkins' wife, Phyllis, who agreed to assist Collins in a criminal investigation. At Collins' instructions, Phyllis Adkins set up a meeting with Respondent, telling him she was a mediator or broker for a cocaine buyer named "Joe." Mrs. Adkins wore an electronic transmitter to a meeting with Respondent on September 2, 1987 and her conversation was monitored and taped by Agent Collins. At the September 2, 1987 meeting, which took place in the open at a restaurant parking lot, Respondent and Mrs. Adkins discussed in the most general terms an exchange of "coke" for money. "Samples" were discussed. No one made any commitment to anyone with regard to samples or a sale. The Respondent's behavior was described by both participants as "freaked" or frightened. Later, Mrs. Adkins set up another "meet" with Respondent for September 23, 1987 under similar conditions. At that time, she had with her another FDLE agent, Joe Nickmier, who posed as the imaginary narcotics dealer named "Joe." Respondent brought with him another person, Chris Sanford. Agent Collins was surprised that Respondent brought someone with him because such an exposure of a proposed drug deal to several persons was contrary to his experience with the secretive, suspicious, and paranoid behavior of "real dopers." As a result, Agent Collins felt that Respondent was involved in something he did not know about. Collins was further surprised when the masquerading "Joe" concurred with Respondent's ordering Chris Sanford to stand back away from their conversation, since Sanford's involvement had the potential of raising the circumstances to a standard sufficient for FDLE to make a charge against both Respondent and Sanford for "conspiracy" in use, trafficking, or selling of a controlled substance. During the conversation involving Respondent, Phyllis Adkins, and "Joe," on September 23, 1987, which conversation was also monitored and taped by Agent Collins, there is a suggestion that Respondent would exchange 17-18 or 22 ounces of some kind of drug for money, but the language employed by all concerned is vague and unconnected. Respondent avoided any commitment to the others, including giving them his phone number. At the conclusion of this meeting, Agent Collins had formed the opinion that Respondent did not fit the category of "a real doper" but was just an individual out to make some money. Collins felt that he had a reasonable expectation that the Respondent would sell cocaine if he could get it but that Respondent could not get cocaine from the Putnam County Sheriff's Office or the Daytona Police Department. It is not clear where Agent Collins got the idea that Respondent had offered to obtain any controlled substance from the respective evidence rooms. This concept was not volunteered or admitted by Respondent in either of the taped meetings with Phyllis Adkins and/or "Joe." Phyllis Adkins and "Joe" suggested to Respondent several times on September 23, 1987 that Respondent's contact must be in law enforcement in Daytona, but no "evidence room" was ever mentioned. It may be that Agent Collins relied on out-of-court (hearsay) information from Michael or Phyllis Adkins, but his reliance on such hearsay statements, in the absence of some direct supporting evidence, does not support a finding that Respondent ever made an offer to get contraband drugs from any sealed evidence room. In a subsequent March 1988 interview, Respondent admitted to prison inspectors and to Agent Collins that he had, indeed, made both parking lot contacts with Phyllis Adkins and that he knew he was operating outside the scope of his employment duties as a correctional officer when he did so, but that he was just conducting his own investigation into drug dealing to "set up" inmate Michael Adkins for FDLE. Respondent's stated purposes were to further his career and to impress his father, a Florida highway patrolman. Respondent admitted that he knew the prison investigator at Putnam but that he did not report his activities to the prison investigator. Special Agent Jimmie Collins consulted FDLE legal personnel and determined not to prosecute the Respondent criminally because there was insufficient evidence of either conspiracy or of a substantive statutory violation. Two times in January 1986, far previous to any of the events giving rise to the current charges, Respondent had approached another FDLE Special Agent, Paul Fuentez, giving him the names and addresses of several known drug dealers and requesting the opportunity to go undercover with Fuentez to acquire evidence against them. Fuentez met twice with the Respondent, face to face, and at that time, Respondent admitted to using drugs with such persons. Fuentez instructed Respondent not to "do" drugs with suspects and not to proceed with any independent investigation on his own. Respondent told Fuentez at that time that he had been awake all night. Fuentez felt that Respondent was "hyper," and might still be on drugs, and therefore Fuentez told Respondent that they could not work together as long as Fuentez had the opinion that the Respondent was on drugs. On September 23, 1987, the day of the Respondent's second meeting with Mrs. Adkins and his only meeting with "Joe," Respondent phoned Fuentez twice. The first time, the Respondent said he had been talking to a prisoner named Michael Adkins who was dealing drugs with a Puerto Rican named "Joe." The Respondent specifically asked Agent Fuentez if Adkins had been dealing with "Joe" when Adkins had been arrested for the crime for which Adkins was currently incarcerated. Fuentez' testimony indicated that Respondent was clearly asking about the past status, not the present status, of the people named. At the time of this first call, Fuentez knew about Collins' investigation at Putnam but did not know Respondent had been specifically targeted. Fuentez formed the opinion that Respondent was trying to find out about FDLE investigations. He told Respondent he did not have time to look up information about the people Respondent had named and ended the phone call. Later the same day, Respondent called back to Fuentez and told him to forget the whole thing. Since the "meet" of September 23 occurred after dark and Respondent's phone calls to Fuentez seem to have occurred during business hours, the undersigned infers that both Respondent's phone calls to Fuentez preceded his "meet" with Phyllis Adkins and "Joe" on September 23, 1987. Respondent also had a conversation with Robin Edwards, a local police officer. Respondent related to him that he had been approached by a Putnam inmate, Michael Adkins, to buy or sell drugs. Mr. Edwards advised Respondent to talk to his trooper father or his superiors. At formal hearing, Edwards could not date this conversation closer than that it could have been in September 1987, but even so, it appears not to be an afterthought devised by Respondent only due to the March 1988 confrontation of Respondent by investigators. Lenard Ball is a Correctional Officer Inspector II. Upon his testimony, it is accepted that a standard of correctional officer behavior prohibits them from operating outside a correctional institution. Unless they are acting as prisoner escorts, correctional officers' authority ends at the boundary of their respective institutions. Upon Officer Ball's testimony, it is also accepted that each correctional institution may institute a policy permitting criminal investigations within that institution to be pursued by only one correctional officer, and that at Putnam, all officers are required to report all such conversations as Respondent was having with Michael Adkins to one of two superiors. In Ball's opinion, Respondent's actions were clearly prohibited by anti-fraternization rules and by rules prohibiting Respondent from placing himself and others in danger. Respondent was never an institutional investigator. In fact, he had only been certified as a correctional officer for approximately one month when the material events occurred. At formal hearing, Respondent testified credibly that the entire episode was only intended by him to achieve more in his position, that he had no connection with anyone in the local police department or the sheriff's office who could give him access to drugs, and that he had no other access to those evidence rooms. Respondent had consistently denied any mention of evidence rooms since the March 1988 investigation. Petitioner did not establish that Respondent had ever had any access to any controlled substances through any evidence rooms or otherwise. (See Finding of Fact 5) Further, Respondent represented that his phone conversations with Agent Fuentez scared him, that he only attended the September 23, 1987 meeting with Phyllis Adkins and "Joe" because he had been threatened by Michael Adkins with being turned in to FDLE, and that he took Chris Sanford, a Fire Department employee, with him to the September 23, 1987 "meet" as a witness for his own protection. Chris Sanford did not testify. Michael Adkins did not testify. There is therefore no further support or dispute to Respondent's intent or motivation from original sources.
Recommendation Upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a Final Order finding Respondent guilty of bad moral character as defined in Rule 11B-27.001(4)(c) F.A.C., issuing a reprimand accordingly, and placing his certificate on probationary status for two full years, subject to specific terms and conditions for appropriate education, training and supervision to be imposed by the Commission in its expertise, and providing for revocation of his certificate in the event those conditions are not timely met. DONE and ENTERED this 2nd day of February, 1990, at Tallahassee, Florida. ELLA JANE P. DAVIS, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of February, 1990. APPENDIX TO RECOMMENDED ORDER CASE NO. 89-2450 The following constitute specific rulings pursuant to Section 120.59(2) F.S. upon the parties' respective proposed findings of fact (PFOF): Petitioner's PFOF: Except where subordinate or unnecessary, PFOF 1-7, 10- 13, 16, 19-21 are accepted. PFOF 8-9 are accepted to the degree described in the RO. The PFOF contain argument and the quotation is only part of several pages and does not accurately reflect the exhibit or record as a whole. PFOF 14-15 and 17 are only part of several pages and do not accurately reflect the exhibit or record as a whole. PFOF 18 is rejected as unproved. Respondent's PFOF: None filed to date. COPIES FURNISHED: Joseph S. White Assistant General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Robert S. Smith 2720 Edgemore Palatka, Florida 32077 James T. Moore, Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Jeffery Long, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302
The Issue The issue is whether Petitioner is entitled to a passing score on the law enforcement officer certification examination.
Findings Of Fact Petitioner took the law enforcement officer certification examination on October 20, 2005. He needs to obtain credit for two more correct answers in order to pass the test. Respondent has challenged the scoring of five questions. The first challenged question asked what an examinee should do when he or she, as a law enforcement officer, is the first person on the scene of an accident with an eviscerated victim. The correct answer called for conservative treatment, consistent with the level of medical training of the typical law enforcement officer and the preeminent objective doing no harm to the victim. Respondent's more aggressive response is unsupported by the relevant curriculum and clearly would have further endangered the accident victim. The second challenged question asked the examinee how he or she, as a law enforcement officer, should approach a dangerous situation. The question specifically warned against so-called "tombstone courage" that can cost an officer his or her life. Consistent with his take-charge attitude, as exemplified by his first response, Respondent selected an answer that constituted his taking action, based on the fact that he is supplied with a sidearm. The correct answer discouraged the officer from risking his life to be a hero. At the hearing, Petitioner did not contest that his answer was incorrect to the second challenged question. He testified that he actually provided the correct answer to the question. However, examination of the answer sheet proved otherwise. The third challenged question asked the examinee to identify the penalty for an officer tampering with the evidence at a crime scene. As noted in the Conclusions of Law, the correct answer is revocation, not the lesser penalty that Petitioner selected. The fourth challenged question asked the examinee to identify the "first" thing he or she would have to have done to ensure that a weapon found in the prisoner section of a police car, immediately after the prisoner had been transported, would be admissible into evidence. Petitioner insisted that the first thing would be to search the compartment immediately after the prisoner was removed from the car, but the correct answer focused on what had to take place earlier--a search of the compartment prior to the prisoner's occupying the compartment. The fifth challenged question asked the examinee to identify a statement in the active voice. All but one of the choices were in the passive voice, and Respondent selected one of these statements. Respondent correctly graded each of the challenged questions, and Petitioner failed to pass the law enforcement officer certification examination.
Recommendation It is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order dismissing Petitioner's challenge to the law enforcement officer certification examination. DONE AND ENTERED this 20th day of June, 2006, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE 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 20th day of June, 2006. COPIES FURNISHED: Michael Crews, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Grace A. Jaye, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Commodore Bradford 13628 Folkstone Court Wellington, Florida 33414
The Issue The ultimate issue to be resolved in this proceeding is whether the Respondent violated provisions of the Department of Law Enforcement Act of 1974, and if so, what disciplinary action is appropriate. Petitioner contends that the Respondent has engaged in acts which demonstrate that he has not maintained good moral character, and that his certification as a law enforcement officer should be permanently revoked.
Findings Of Fact The Respondent holds a certificate issued by the Criminal Justice Standards and Training Commission as a law enforcement officer. The certificate was issued in February, 1976. The Respondent was then employed with the City of Bunnell Police Department. The Respondent was a police officer with that department for a period of time, and was ultimately named Chief of Police. The Respondent is not presently employed with the Police Department in Bunnell, and is apparently not employed in the law enforcement field. During the time that he was employed as Chief of Police with the City of Bunnell Police Department, the Respondent engaged in immoral and illegal activities which included the use and distribution of marijuana, utilizing the services of prostitutes, and possession of moonshine whiskey. On at least two occasions, the Respondent delivered marijuana, apparently without charge, to a resident of Bunnell. On one of these occasions the Respondent was dressed in his police uniform, and made the delivery from his police car. Respondent smoked marijuana cigarettes with several residents of Bunnell. Respondent visited a house of prostitution in Daytona Beach with these same persons. The Respondent was observed haggling over price, and entering a private room with one of the residents of the house. On several occasions the Respondent openly displayed to his associates, a jar of what appeared to be moonshine whiskey, and what the Respondent stated was moonshine whiskey. The Respondent told an employee of the Flagler County Sheriff's Department, and an employee of the City's Corrections Department, that he had made the moonshine. In late 1978 or early 1979, approximately two pounds of marijuana was seized by officers of the Flagler County Sheriff's office. Four men who were apparently illegal aliens were arrested, and the marijuana and other matter were seized and placed in the vault at the Flagler County jail. The next day, the arresting officer returned to the vault in order to properly mark the marijuana as evidence. The Respondent had removed the marijuana from the vault. Respondent stated that he had disposed of it in a creek. Even if the Respondent did dispose of the marijuana in that manner, which is not a believable explanation, such action would be an improper manner of dealing with evidence that had been seized by law enforcement officers of another agency. While he was a police officer and Chief of Police with the City of Bunnell Police Department, the Respondent on several occasions disposed of stray dogs by shooting them and leaving their bodies in a creek. The Respondent apparently considered it easier and cheaper to dispose of stray dogs in this manner rather than taking them to an animal shelter. It is clearly an improper means of disposing of stray animals. While the Respondent was Chief of Police with the City of Bunnell, an officer with the Police Department advised the Respondent that he had observed gambling occurring at a tavern. The Respondent advised the officer to take no action regarding the matter as it was not a big deal and no one was complaining. The Respondent's actions, which include use of marijuana, prostitutes, and moonshine whiskey, illegally disposing of evidence and illegally shooting stray dogs, clearly demonstrate that the Respondent failed to maintain good moral character. His actions would inevitably have the effect of creating bad morale at the Police Department in the City of Bunnell and his actions did have that effect. It was alleged in the Complaint that the Respondent had marijuana that he kept in his closet at his home. This allegation was supported at the hearing by the testimony of a former baby sitter of the Respondent. The testimony has not been credited, and the allegation therefore has not been proven. It was six years ago that the baby sitter witness observed what she testified was marijuana, and she was at that time eleven years old. What she stated was marijuana was not identified by any other person. It was alleged in the Administrative Complaint that the Respondent observed an illegal drug transaction in process and failed to take any action with respect to it. These allegations are not supported by any credible evidence.
Findings Of Fact The Petitioner, Ralph L. Leighton, age 41, holds a Class A license issued by the Department of State, authorizing him to engage in the business of operating a private investigative agency. He has also been licensed in Tennessee, and has never been convicted of a crime. The bulk of the Petitioner's investigative work has been in the area of domestic disputes. During the course of this domestic investigative work, the Petitioner was hired to do surveillance of a wife in connection with the husband's suit for divorce. Some of the facts surrounding the Petitioner's work on this case were related by a Family Conciliation Counselor for the Palm Beach County Juvenile Court, and by the wife's attorney. These facts were corroborated by the findings of the circuit court judge as recited in the final judgment of dissolution, a certified copy of which was received in evidence in this proceeding. Specifically, the court found that the Petitioner's testimony at the divorce trial was totally discredited, and that the Petitioner gave "false and misleading information" to the juvenile counselor "in an attempt to discredit the wife" whom the Petitioner had under surveillance. Subsequently, the Petitioner placed an ad in a newspaper for full time and part time investigators. One of the persons who responded to this ad and was hired, testified in this proceeding. The Petitioner provided a uniform, a badge, and the work assigned was as a security guard at a local shopping mall. There were no investigative duties involved; instead, a routine patrol of the mall area was to be performed. The Petitioner himself paid the wages for the first four weeks, then another individual made the payments. Another former employee of the Petitioner testified. This individual performed security guard and patrol work for the Petitioner at a local residential area. Although not uniformed, a full 100 percent of the duties assigned was spent patrolling the area, and a badge was provided by the Petitioner, as well as an identification card. Both of these individuals were initially hired by the Petitioner, paid by the Petitioner, assigned security guard or patrol duties by the Petitioner, issued badges and in one case a uniform by the Petitioner. Since no investigative duties were assigned or performed, and the wearing of a uniform is inconsistent with the normal work of an investigator, but routine for a security guard or patrolman, there is sufficient evidence to support a finding that the Petitioner was engaged in the business of providing security guards. This is not authorized by a Class A license. The Petitioner presented numerous character witnesses who testified generally that he is of good moral character, and other witnesses who had hired him as a private investigator and were satisfied with his work. The Petitioner himself denies that he has engaged in any work not authorized by his Class A license. However, this evidence is not sufficient to overcome the specific testimony of the Petitioner's two former employees, and the findings of the circuit court judge as recited in the divorce judgment.
Recommendation Based upon the foregoing findings of fact and conclusions of law it is RECOMMENDED that the application of Ralph L. Leighton for a Class B Private Guard or Patrol Agency license, be denied. THIS RECOMMENDED ORDER entered on this 6 day of November, 1981, in Tallahassee, Florida. WILLIAM B. THOMAS, 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 6 day of November, 1981. COPIES FURNISHED: Earl R. Boyce, Esquire 120 South Alive Avenue West Palm Beach, Florida 33401 James V. Antista, Esquire Room 106, R.A. Gray Building Tallahassee, Florida 32301
The Issue The issue is whether Dennis J. Schmidt meets the qualifications for licensure as a limited surety or bail bondsman.
Findings Of Fact The Petitioner, Dennis J. Schmidt, filed an application for a Limited Surety's (Bail Bondsman's) License on July 10, 1984. After having requested and having received additional information from Petitioner, the Department of Insurance issued a Letter of Denial on February 4, 1985. That letter denied the application essentially on the ground that at the time of the application it did not affirmatively appear that Petitioner was ". . . a person of high character and approved integrity and (had) not been convicted of or pleaded guilty or no contest to a crime involving moral turpitude or to a felony." An additional basis for denial was that Petitioner had "(d)emonstrated lack of fitness or trustworthiness to engage in the bail bond business." An Amended Letter of Denial was issued by the Department on June 25, 1985 repeating the grounds listed in the February 4, 1985 letter and adding that Petitioner had made a ". . . (m)aterial misstatement, misrepresentation or fraud in . . . attempting to obtain a license or permit." This additional ground was based on the fact that Petitioner had answered "Not Guilty" to a question on the application concerning the outcome of a criminal charge when, in fact, the conviction on that charge had been reversed and remanded on appeal and subsequently dismissed by the trial court. The Department further explained its denial of Petitioner's application by stating: The Department finds that the evidence of repeated criminal involvement concerning the same offense and the aforementioned false and misleading statement demonstrates lack of high character and approved integrity which qualities are requisite to licensing as a Limited Surety Agent. This conduct demonstrates a lack of fitness or trustworthiness to engage in the bail bond business. In his application, Petitioner stated that he had been charged with a felony cited charges in Dallas County, Texas, 4/14/80 and stated he was "incarcerated at the time in Texas while awaiting the outcome of the charges." Petitioner entered on the application, where it requests "Nature of Charge and Outcome," the entries "Possession of Cocaine" and "Not Guilty." Petitioner also listed an arrest in Dade County, Florida, and listed as nature of charge and outcome the entry: "Trafficking in Cocaine, Sale and Delivery of Cocaine and Possession with Intent to Distribute: All charges were Nolle Pros." On August 27, 1980, Petitioner was charged in Dade County, Florida, with "Trafficking in Cocaine, Sale or Delivery of Cocaine, and Possession with Intent to Distribute Cocaine." Prior to trial, the Circuit Court in Dade County ordered the suppression of certain evidence because of illegal electronic surveillance and the Florida Third District Court of Appeal affirmed that order on September 21, 1982. Subsequently, the State Attorney nolle prossed the charges against Petitioner. The arrest in Dade County arose out of a stop and search which occurred on March 18, 1980. On that date, Richard Cataldo, then a detective with the Dade County Public Safety Department, stopped a vehicle containing two individuals, Glen Harden and Dennis J. Schmidt. The stop was based on information obtained by a wire-tap. In the back seat of the vehicle, Cataldo found a briefcase containing a white powder which was field tested positive for cocaine. Cataldo never saw Schmidt in possession and control of the briefcase or the white powder. No cocaine was directly linked to Schmidt. Schmidt and Harden were not detained at the time of the stop and search. Approximately five months later Schmidt was arrested. Subsequently, the warrant authorizing the wire-tap was invalidated: and the evidence obtained during the stop and search was excluded as "fruit of the poisoned tree." A second incident occurred on April 14, 1980 in Dallas County, Texas, where Petitioner was indicted for "Possession of Cocaine." Petitioner was subsequently tried and convicted of that charge and was sentenced to 20 years in prison. The conviction was reversed by the Court of Criminal Appeals of Texas because of the finding that evidence had been obtained through an illegal search pursuant to a defective warrant. The cause was remanded back to the trial court for retrial, but the appeals court explicitly refused to acquit Petitioner. At that point the evidence was destroyed, the Texas District Attorney moved to dismiss the case, and his motion was granted by the trial court. This arrest arose after Petitioner called for an ambulance in Dalhardt, Texas. Timothy Bell was an Emergency Medical Services supervisor for the City of Dalhardt, and responded with an ambulance to Petitioner's call. The ambulance transported Petitioner to a hospital. In the ambulance Petitioner told Bell he had been using cocaine. Subsequently at the hospital, in the presence of Bell, Petitioner told two nurses and a physician that he had been using cocaine. Based on these statements, a warrant was obtained to search Petitioner's automobile. It was this warrant which was held to be defective. Petitioner attached three sworn statements by reputable endorsers to his application. According to these three and David Kelley, Renee Phillips, John Shoemaker, Robert J. Schmidt, R. Jerry Randolph and Steven T. Green, Petitioner is honest, reliable, dependable, trustworthy, and a man of good character and integrity. He enjoys a good reputation in the community. These witnesses include persons who have known Petitioner for the last several years and are familiar with his work and reputation. Also submitted were three letters of recommendation regarding Petitioner's character and reputation. These opinions were unrebutted and it is found that Petitioner has affirmatively shown that he is of high character and integrity. The Department does not dispute that Petitioner meets all of the qualifications for licensure except those stated in the denial letters. The Department conducted its own investigation of Petitioner and found nothing derogatory except the two above-mentioned incidents.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Insurance enter a Final Order approving the application of Dennis J. Schmidt for examination and licensure as a limited surety agent (bail bondsman) and permitting Dennis J. Schmidt to sit for the examination. DONE and ORDERED this 23rd day of October, 1985, in Tallahassee, Florida. DIANE K. KIESLING 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 23rd day of October, 1985. APPENDIX Petitioner's Proposed Findings of Fact Adopted in substance (See Finding of Fact 1) Adopted in substance (See Finding of Fact 2) Adopted in substance (See Finding of Fact 3) Rejected as conclusory and not supported by the evidence. Adopted in substance (See Finding of Fact 6) Adopted in substance (See Finding of Fact 9) Adopted in substance (See Finding of Fact 11) Adopted in substance (See Finding of Fact 11) Adopted in substance (See Finding of Fact 12) Rejected as irrelevant. Rejected as irrelevant. Rejected as irrelevant. Adopted in substance (See Finding of Fact 7) Rejected as irrelevant, argumentative, and not supported by the evidence. Adopted in substance (See Finding of Fact 10) Rejected as conclusory, argumentative, going to the ultimate issues. Respondent's Proposed Findings of Fact Adopted in substance (See Finding of Fact 1) Adopted in substance (See Finding of Fact 4) Adopted in substance (See Finding of Fact 4) Rejected as not supported by the evidence Adopted in substance (See Finding of Fact 5) Adopted in substance (See Finding of Fact 1) Adopted in substance (See Finding of Fact 7) Rejected as irrelevant. Adopted in substance (See Finding of Fact 7) 10. Adopted in substance (See Finding of Fact 5) 11. Adopted in substance (See Finding of Fact 8) 12. Adopted in substance (See Finding of Fact 6) 13. Adopted in substance (See Finding of Fact 10) 14. Adopted in substance (See Finding of Fact 10) 15. Adopted in substance (See Finding of Fact 9) Adopted in substance (See Finding of Fact 9) Adopted in substance (See Finding of Fact 9) Adopted in substance (See Finding of Fact 9) Adopted in substance (See Finding of Fact 1) Adopted in substance (See Finding of Fact 2) COPIES FURNISHED: James C. Massie, Esquire P. O. Box 10371 Tallahassee, Florida 32301 Richard W. Thornburg, Esquire Department of Insurance 413-B Larson Building Tallahassee, Florida 32301 Lealand McCharen, Esquire Department of Insurance 413-B Larson Building Tallahassee, Florida 32301 Dennis Silverman, Esquire Department of Insurance 413-B Larson Building Tallahassee, Florida 32301 Hon. William Gunter State Treasurer and Insurance Commissioner The Capitol-Plaza Level Tallahassee, Florida 32301
