The Issue The basic issue in this case is whether the Petitioner's application for a Florida teaching certificate should be granted or should be denied on the grounds itemized in the Notice of Reasons dated February 25, 1991.
Findings Of Fact The Petitioner, Scott William Katz, has applied for a Florida educator's certificate. His application is dated December 14, 1989, but it was not filed until July 25, 1990. The Petitioner filed an earlier application for a Florida educator's certificate during 1986. The Petitioner's 1986 application was denied by Final Order issued on September 3, 1987. That Final Order also provided: dditionally, the panel ORDERS that Petitioner may not apply for a teaching certificate for a period of three (3) years from entry of this order. As basis for the enhancement, the panel cites the conduct described in paragraphs three through twenty- one of the Notice of Reasons. The factual basis for the September 3, 1987, denial of the Petitioner's prior application is set forth in a Notice of Reasons document, which was served on the Petitioner on January 27, 1987. The relevant paragraphs of the January 27, 1987, Notice of Reasons read as follows: 1/ In 1980 the applicant was admitted to the Florida Bar as an attorney licensed to practice law in the State of Florida. On or before September 1984, the applicant threatened an opposing party in a civil law suit with criminal prosecution in order to gain an advantage in the civil matter. In September 1984, the Florida Supreme Court issued a private reprimand to the applicant for threatening criminal prosecution in order to gain an advantage in a civil matter. On or about February 1981, the applicant was retained to represent a wife in a dissolution of marriage action. He obtained a Final Judgment on her behalf which required the husband to pay child support and provided other relief. After obtaining the Final Judgment, the applicant continued to represent the wife, filing a motion to modify the Final Judgment and a Motion for Contempt against her ex-husband to obtain payment of past due child support on her behalf. Approximately two years later, however, applicant commenced proceedings against his former client on behalf of her ex-husband, seeking a reduction in child support payments. On or about October 1983, the applicant misrepresented material facts in a sworn pleading which the applicant filed in the United States District Court for the Southern District of Florida. On or about December 1983, the applicant coerced an agreement from a former client to pay him money for a claim which had no legal basis. Based upon the misconduct set forth in paragraphs 4, 5 and 6, the Florida Bar initiated disciplinary proceedings against the applicant. On June 26, 1986, the Florida Supreme Court found the applicant committed the misconduct alleged and found the applicant guilty of numerous violations of the Florida Bar Integration Rule and Disciplinary Rules. The Supreme Court issued an order on said date in which it disbarred the applicant and assessed costs against him in the amount of $4,086.45. On or about May 20, 1986, the applicant submitted a false and fraudulent affidavit in support of his request to the Palm Beach County Court for an award of attorney's fees. On or about May 27, 1986, the Palm Beach County Court held the applicant in direct criminal contempt of court for filing said false and fraudulent affidavit. The Court sentenced the applicant to pay a fine in the amount of $500.00 On or about July 22, 1986, the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, entered an order disbarring the applicant based upon his submission of the false and fraudulent affidavit to the Palm Beach County Court on May 20, 1986. Said disbarment was ordered to run consecutive to the Supreme Court's disbarment order entered on June 26, 1986. Between July 26, 1986, and August 1, 1986, the applicant did, while having been disbarred, engage in the practice of law or hold himself out as an attorney at law or qualified to practice law to John Robert Harr. Between July 26, 1986, and August 1, 1986, the applicant did knowingly obtain or endeavor to obtain a sum of money in the amount of $300.00 or more from John Robert Harr with the intent to deprive John Robert Harr of said funds. On or about October 30, 1986, the applicant was charged in Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, with the criminal offenses of practice of law while disbarred or suspended and grand theft, based upon the conduct described in paragraph 12. Between July 26, 1986, and August 26, 1986, the applicant did, while having been disbarred, engage in the practice of law or hold himself out as an attorney at law or qualified to practice law to Michael D. Jones and/or Judith Jones and/or Tanya Jones. On or about October 30, 1986, the applicant was charged in the County Court in and for Palm Beach County, Florida, with the criminal offense of practice of law while disbarred or suspended based upon the conduct described in paragraph 14. On or about August 25, 1986, the applicant did, while having been disbarred, engage in the practice of law or hold himself out as an attorney at law or qualified to practice law to Zell Altman and the Clerk of the Palm Beach County Court. On or about October 30, 1986, the applicant was charged in the County Court in and for Palm Beach County, Florida, with the criminal offense of practice of law while disbarred or suspended based upon the conduct described in paragraph 16. Between July 26, 1986, and August 1, 1986, the applicant did, while having been disbarred, engage in the practice of law or hold himself out as an attorney at law or qualified to practice law to Barbara Curtis. On or about October 30, 1986, the applicant was charged in the County Court in and for Palm Beach County, Florida, with the criminal offense of practice of law while disbarred or suspended based upon the conduct described in paragraph 18. Between July 16, 1986, and August 1, 1986, the applicant did, while having been disbarred, engage in the practice of law or hold himself out as an attorney at law or qualified to practice law to Olive Labbadia. On or about October 30, 1986, the applicant was charged in the County Court in and for Palm Beach County, Florida, with the criminal offense of practice of law while disbarred or suspended based upon the conduct described in paragraph 20. In addition to the conduct described above in the January 27, 1987, Notice of Reasons, on May 12, 1987, the Petitioner entered a plea of nolo contendere to the charge of practice of law while disbarred and the court withheld adjudication of the charge. The Petitioner was placed on probation for twelve months and ordered to pay $25.00 each month toward the cost of supervision. On March 15, 1988, the Petitioner entered a plea of nolo contendere to the charge of resisting arrest without violence and the court withheld adjudication of the charge. The Petitioner was placed on one year probation and ordered to pay $25.00 each month for the cost of supervision. The Petitioner remains disbarred from the state bar in the State of Florida. He has also been disbarred in the State of Oklahoma and in several federal courts as a result of his Florida disbarment. Since the September 3, 1987, denial of the Petitioner's prior application for a Florida teaching certificate, the Petitioner has invested a great deal of time and effort in the pursuit of higher education. His studies have been in the fields of Law and Education. By pursuing further studies in the field of Education, the Petitioner hopes to be better prepared to be a teacher. The Petitioner has done well in his studies since 1987. The facts which form the basis for the September 3, 1987, denial of the Petitioner's prior application demonstrate that at that time the Petitioner lacked good moral character. The additional facts set forth in Paragraphs 4 and 5, above, demonstrate that as of the early part of 1988, the Petitioner lacked good moral character. The record in this case does not reveal any specific examples of conduct by the Petitioner since March of 1988 that are indicative of a lack of good moral character, but neither is there any persuasive evidence of the Petitioner's rehabilitation since March of 1988. Accordingly, the evidence is insufficient to support a finding that the Petitioner is presently of good moral character.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that a final order be issued in this case denying the Petitioner's application for a Florida teaching certificate because of the failure of the Petitioner to establish his rehabilitation and present good moral character, such denial to be without prejudice to the refiling of a future application at such time as the Petitioner believes he can prove his rehabilitation and good moral character. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 31st day of July 1991. 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 31st day of July 1991.
Findings Of Fact Respondent was certified as a corrections officer in 1972 and was so certified at all times here relevant. Respondent was a season ticket holder to the Tampa Bay Buccaneers 1983 football games. He attended the game on September 25, 1983, with four friends. Before arriving at the game the group bought a fifth of whiskey. Respondent contends he had only one drink prior to the incident with the police officers but three police officers opined that Respondent was intoxicated. During the second half of the game, with the Bucs woefully behind and some spectators leaving the stadium, Respondent was yelling disparaging remarks about the Bucs and their performance on that day. Occasionally, Respondent was standing on his seat when he yelled the remarks. Respondent was more noisy than others in the section in which his seat was located and drew the attention of Jennifer Frye, a City of Tampa police officer serving as a uniformed off-duty policewoman paid the owners of the stadium to maintain crowd control. Officer Frye motioned for Respondent to come to the platform where she was standing, some four rows above Respondent's seat. Respondent did so, climbing between the people and seats behind him as he responded to Frye's summons. When Respondent reached Frye's position, she smelled alcohol on his breath and he appeared to her to be intoxicated. Respondent was somewhat annoyed in being called up by the policewoman and wanted to know why she had beckoned him from his seat. He was gesturing with his arms and asking what he had done wrong. Officer Lois Morraro, another off-duty member of the Tampa police force, was also working in uniform at the stadium. She observed Respondent respond to Frye's request and saw Respondent arguing. Morraro approached the two and positioned herself behind Respondent. Respondent told Frye he was a season ticket holder and was entitled to be upset when the Bucs were losing. Frye and Morraro decided to evict Respondent from the stadium and when Frye initially grabbed his hand Respondent pulled away. She then told him he was under arrest and grabbed his left arm and hand with a come-along grip. Morraro grabbed Respondent's right arm, twisted it behind his back, and moved the hand up toward the shoulders. They proceeded to propel the struggling Respondent down the steps to a holding area. When they reached the holding area they were joined by Sergeant Peter Ambraz, the off- duty Tampa police officer in charge of the stadium detail. Ambraz took Respondent's right arm while Morraro handcuffed Respondent. During this time Respondent was trying to keep from being handcuffed and in the process his elbow accidentally hit Morraro in the throat while she was standing behind him putting handcuffs on him. After Respondent had been handcuffed and taken to the police station, he revealed that he was a certified corrections officer. Respondent was subsequently tried for disorderly intoxication and fired from his job with the Hillsborough County Sheriff's Department.
The Issue The issue for determination is whether Respondent committed the offenses set forth in the administrative complaint and, if so, what action should be taken.
Findings Of Fact On May 16, 1983, Walter Taylor (Respondent) was certified by the Criminal Justice Standards and Training Commission (Petitioner), having been issued Correctional Certificate Number 66856. On December 23, 19851, Respondent was certified by Petitioner, having been issued Law Enforcement Certificate Number 66855. At all times material hereto, Respondent was employed by the Riviera Beach Police Department (Riviera Beach PD) as a law enforcement officer. In April 1994, Respondent and his wife were divorced. They had been married 14 years and had minor children. Prior to the divorce, Respondent had several confrontations with his wife regarding her relationship with another man, a Mr. Chilton, whom she had met in or around 1988. During one confrontation in April 1993, Respondent slapped his then wife. At times, Mr. Chilton was present when the confrontations took place. At no time prior to the divorce did Respondent harm or threaten to harm Mr. Chilton. Subsequent to the divorce, Respondent’s ex-wife and Mr. Chilton continued their relationship. In August 1994, Respondent wanted to attend his family’s reunion in New York but had insufficient funds to take his children with him. Respondent’s ex-wife agreed to attend the reunion with them. With her financial support, everyone could attend the reunion. Respondent and his ex-wife agreed to a pre- arranged time for them to meet on August 11, 1994, and drive to the reunion together. On August 11, 1994, prior to the pre-arranged time, Respondent and his children were packed and ready to leave. Respondent attempted to contact his ex-wife, so they could depart early. He called several places but to no avail. Having failed to locate his ex-wife, Respondent concluded that she was at Mr. Chilton’s apartment. Respondent called Mr. Chilton’s apartment several times only to get an answering machine. He drove to Mr. Chilton’s apartment. By this time, it was approximately 10:00 or 10:30 p.m. When Respondent arrived at Mr. Chilton’s apartment complex, he observed both Mr. Chilton’s and his ex-wife’s vehicles in the parking area. Respondent knocked on Mr. Chilton’s apartment door but received no response. Having knocked from two to five minutes, Respondent left but stopped nearby at a telephone. He repeatedly called Mr. Chilton’s apartment and again the answering machine answered. Respondent was convinced that his ex-wife was in Mr. Chilton’s apartment and that they were refusing to answer the telephone or the door. Respondent was upset and frustrated. Respondent returned to Mr. Chilton’s apartment and began knocking again. The more he knocked, the more frustrated he became. His knocks became harder and louder until he was pounding the door. No one answered the door. Respondent’s ex-wife and Mr. Chilton were afraid to open the door. At all times, Mr. Chilton and the Respondent’s ex-wife were inside the apartment. The door was locked and the deadbolt was engaged. Becoming more and more frustrated, Respondent hit the apartment door two or three times with both hands, arms raised, palms forward and with the weight of his body behind him. The force applied by Respondent knocked down the door. Respondent entered Mr. Chilton’s apartment beyond the door frame. He told his ex-wife to come outside with him and talk. She immediately complied. While exiting Mr. Chilton’s apartment, Respondent informed Mr. Chilton to bill him for the door. The door to Mr. Chilton’s apartment was damaged beyond repair and the area surrounding the door was severely damaged. The dead bolt area on the door was bulged. The area on the door jam in which the dead bolt slid had popped and come loose and was indented. The door handle was very loose. The trim on the doorway was split. On many occasions Respondent has been involved in law enforcement raids in which he, personally, has had to break down doors with his body. The method used by Respondent to break down the doors during the raids was not the same method used by him on August 11, 1994. Even though Respondent’s action forced open the door to Mr. Chilton’s apartment, he reacted out of frustration, not with the intent to force the door open. However, Respondent acted in reckless disregard for the consequences of his actions. He should not have returned to Mr. Chilton’s apartment but waited for his ex-wife until the prearranged time. Respondent’s actions could have escalated the situation into a more serious incident. He exhibited a reckless disregard for the safety and property of others. The incident was reported to the Martin County Sheriff’s Department. The Deputies on the scene took pictures and completed a report. Mr. Chilton did not want to file criminal charges against Respondent but only wanted his door repaired. The Deputies assisted Mr. Chilton in somewhat securing the door, so that it would at least close. Approximately 3:00 a.m. on August 12, 1994, Respondent telephoned Mr. Chilton. Respondent apologized for the damage to the door and agreed to pay for the damage. Subsequently, Respondent telephoned the apartment complex’s manager and agreed to pay for the damage to the door. The cost of the door was $352.99. A payment plan was arranged in which Respondent would pay for the damage in installments. Due to financial constraints, Respondent was unable to comply with the payment plan as agreed upon. The final payment was made on or about February 2, 1995. Respondent had no reason associated with his law enforcement duties to enter Mr. Chilton’s apartment. Respondent was off-duty and out-of uniform. Respondent entered Mr. Chilton’s apartment without permission or invitation. Respondent is responsible for the damage to the door of Mr. Chilton’s apartment. Prior to the incident on August 11, 1994, in or around June 1994, Respondent received training in Anger Management. On August 3, 1994, Respondent was promoted to Sergeant, on a probationary status, by the Riviera Beach PD. As a result of the incident on August 11, 1994, the Riviera Beach PD conducted a personnel investigation. On January 24, 1995, it issued a notice of intent to take disciplinary action against Respondent -– a demotion from a Sergeant to a Patrol Officer, which included a five percent cut in salary. The disciplinary action was taken by the Riviera Beach PD. On November 2, 1994, Petitioner’s Probable Cause Panel issued Respondent a Letter of Guidance for the act of committing battery (slapping) upon his then wife in April 1993. At the time of the issuance of the Letter of Guidance, Respondent had successfully completed the Probable Cause Intervention Program. The Probable Cause Panel was not aware of the pending disciplinary action against Respondent by the Riviera Beach PD involving the incident of August 11, 1994. Neither Respondent nor the Riviera Beach PD notified the Probable Cause Panel of the pending disciplinary action.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order Reprimanding Respondent; and Suspending Respondent’s certification for thirty (30) days. DONE AND ENTERED this 17th day of March, 1997, in Tallahassee, Florida. ERROL H. POWELL Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 17th day of March, 1997.
