The Issue The issue in this case is whether Orange County Fire Rescue (Respondent) committed an act of unlawful employment discrimination against Marlene Serrano (Petitioner) in violation of the Florida Civil Rights Act of 1992.
Findings Of Fact The Petitioner is a Puerto Rican-born Hispanic female. At all times material to this case, the Petitioner was employed by the Orange County Fire Rescue Department (FRD), a unit of the Orange County government. In order to increase the number of firefighters available to the Respondent, the FRD posted a job advertisement in July 2008 ("Job Req. #007931"), seeking to hire state- certified paramedics who were capable of becoming state-certified firefighters. The advertisement clearly indicated that applicants should be state-certified paramedics who were "[c]apable of successfully completing and maintaining the Florida State Firefighter certification after three (3) years of being hired." Employees hired into the new paramedic-firefighter positions were identified as "paramedics." Employees hired as paramedics only were identified as "PMOs." On September 8, 2008, the FRD officially hired four paramedics for the positions advertised by Job Req. #007931. The group included the Petitioner, two Caucasian females (Sarah Wilson and Jennifer Massey) and a Caucasian male (Shane Doolittle). It was commonly understood by those hired, including the Petitioner, that they were required to obtain state certification as firefighters by September 18, 2011, the third anniversary of their employment. Pursuant to the advertised job requirements, the paramedics were required to pass a physical ability test (referred to as the "CPAT") and complete the Orange County firefighter orientation program. The Petitioner passed the CPAT on her second attempt and completed the orientation program. Candidates seeking to be certified by the State of Florida as firefighters are required to complete a 450-hour firefighter training course (commonly referred to as Firefighter I and II Minimum Standards classes) and to pass a firefighter certification exam. The Petitioner had completed the Firefighter I and II Minimum Standards classes as of December 17, 2010. On December 22, 2010, the Petitioner took the firefighter certification exam at the Central Florida Firefighter Academy and failed the hose and ladder components of the exam. When the Petitioner failed to pass the exam, the Respondent placed her in a fire station with a ladder truck company so that she could improve her ladder skills. On February 22, 2011, the Petitioner retook the firefighter certification exam at a training facility in Ocala, Florida, where she successfully completed the hose component of the exam, but again failed the ladder component. A candidate for firefighter certification is permitted to take the exam twice. A candidate who twice fails the exam is required to retake the Firefighter II Minimum Standards class before being permitted to retake the certification exam. On March 8, 2011, the Petitioner met with FRD officials to assess her progress towards obtaining the firefighter certification. The Petitioner had received notice of the meeting on March 1, 2011, from Assistant Fire Chief Brian Morrow. Similar meetings occurred with the other paramedics employed by the Respondent. During the meeting, the Petitioner advised the FRD officials that she intended to dispute the results of her second test. The Petitioner was aware that she could not retake the certification exam without retaking the Firefighter II Minimum Standards class. Although the Petitioner contacted a training facility to inquire about course schedules, she did not attempt to retake the training course. The March 8 meeting and discussion was memorialized in a letter to the Petitioner dated March 14, 2011. The letter contained an assessment of her progress towards certification. The letter also noted that she was required to obtain her state certification prior to September 18, 2011, and that failure to obtain certification by that date could result in termination of her employment. The Petitioner received the letter on March 16, 2011. In an email dated March 22, 2011, to FRD Lieutenant John Benton, the Petitioner advised that she was trying to determine how she would be able to go to class and maintain her work schedule. Lt. Benton forwarded the email to Assistant Fire Chief Morrow. Assistant Fire Chief Morrow replied to the Petitioner's email on March 29, 2011, wherein he advised her that the FRD had met its obligation to fund the certification training. He asked the Petitioner to advise him of the status of her appeal, to identify the class she was planning to take, and to outline her schedule and specify the hours she would use as vacation time and as "time trades." He asked for a response "as soon as possible" and invited the Petitioner to contact him directly to resolve any questions. The Petitioner received Assistant Fire Chief Morrow's March 29 email, but did not respond to it. Assistant Fire Chief Morrow subsequently contacted the Petitioner by telephone to inquire as to the issues noted in the email, but received little additional information from the Petitioner regarding her plans. After receiving the official notice that she had failed her second attempt at the certification exam, the Petitioner filed an administrative appeal (DOAH Case No 11-1556) to dispute the scoring of the exam. A hearing was conducted before an Administrative Law Judge (ALJ) on May 24, 2011. On July 7, 2011, the ALJ issued a Recommended Order finding that the Respondent failed the exam and recommending that the appeal be denied. By Final Order dated August 20, 2011, the State of Florida, Department of Financial Services, Division of State Fire Marshall, adopted the findings and recommendation of the ALJ and denied the Petitioner's appeal of the exam grading. The Final Order specifically noted that the Petitioner's certification was denied until she obtained a passing score on the exam. The Petitioner made no further efforts to become a state-certified firefighter. She did not register to retake the Firefighter II Minimum Standards class. As of September 17, 2011, the Petitioner was not a certified firefighter and was not actively engaged in seeking certification. Because the Petitioner did not meet the published job requirements and was making no effort to meet them, the Respondent terminated the Petitioner from employment on September 17, 2011. The Respondent offered to permit the Petitioner to resign from her employment rather than be terminated, but she declined the offer. At the hearing, the Petitioner testified that, after she twice failed to pass the certification exam and was unsuccessful in challenging the scoring of the second attempt, she had no further interest in obtaining the certification. There is no evidence that the Petitioner requested an extension of the applicable three-year certification deadline. Nonetheless, the Petitioner has asserted that the Respondent provided deadline extensions to other paramedics and that the Respondent's actions, in not providing an extension to her and in terminating her employment, were based on her race or national origin. There is no evidence to support the assertion. The March 14, 2011, letter specifically referenced the published job requirements set forth in Job Req. #007931, as well as the applicable provisions of the Collective Bargaining Agreement (CBA) governing the Petitioner's employment by the Respondent. The Petitioner was a member of the Orange County Professional Fire Fighters Association. Her employment by the Respondent was subject to a CBA dated December 14, 2010, between the Respondent and the Orange County Professional Fire Fighters Association, Local 2057, International Association of Fire Fighters. Section IV, Article 60, of the CBA provided as follows: ARTICLE 60 - PARAMEDIC PROMOTIONS/STATUS CHANGE Employees in the Paramedic classification agree to, upon reaching three (3) years of employment [sic] to meet the requirements of the Firefighter classification. Either upon reaching three (3) years of employment, or upon the desire of the department, the employee shall be moved from the Paramedic pay plan to Step 1 of the Firefighter pay step plan or to the higher nearest step to the employee's Paramedic current rate of pay. Nothing in this Agreement shall prohibit the Orange County Fire/Rescue Department from terminating the employment of a Paramedic when upon reaching three (3) years employment the minimum requirements for the position of Firefighter have not been met. Employees not meeting the minimum qualifications by the three (3) year employment anniversary may be separated from county employment without a predetermination hearing (PDH) and without access to Article 17 - Grievance and Arbitration Procedure of this contract. It is the sole discretion of Fire Rescue Management to extend the three (3) year time frame limitation due to case-by-case circumstances and/or operational need. The evidence establishes that certification deadlines have rarely been extended by FRD officials. The evidence fails to establish that FRD officials have considered race or national origin in making decisions related to deadline extensions. Sarah Wilson, a Caucasian female, was hired at the same time as the Petitioner and the deadline by which she was required to have obtained firefighter certification was September 18, 2011. Ms. Wilson completed the training course on September 15, 2011. She was scheduled to sit for the certification exam on October 4 and 5, 2011. The scheduling of the exam was the responsibility of the training facility. Neither Ms. Wilson nor the Respondent had any control over the testing date or the scheduling of the exam. The Respondent permitted Ms. Wilson to remain employed beyond the certification deadline and through the dates of the exam, an extension of 17 days. The extension granted to Ms. Wilson was the only time that the Respondent has allowed a paramedic more than 36 months of employment in which to obtain the required certification. Ms. Wilson passed the firefighter exam on October 4 and 5, 2011, and became a state-certified firefighter. Had Ms. Wilson not passed the exam on October 4 and 5, 2011, her employment would have been terminated by the Respondent. At the time of the hearing, Ms. Wilson retained all required certifications and remained employed as a firefighter paramedic with the FRD. In contrast to Ms. Wilson, the Petitioner was making no effort to obtain the required certification when the certification deadline passed. There was no evidence that the Respondent's extension of Ms. Wilson's certification deadline was based upon race or national origin. Jennifer Massey, a Caucasian female who was hired at the same time as the Petitioner, left her employment with the Respondent prior to the certification deadline. Shane Doolittle, a Caucasian male, was hired at the same time as the Petitioner, and the deadline by which he was required to have obtained firefighter certification was originally September 18, 2011. However, Mr. Doolittle was called to active military duty for three months during the three-year certification period. In order to provide Mr. Doolittle with the full 36 months of employment prior to the certification deadline, the Respondent extended Mr. Doolittle's certification deadline by three months, to December 18, 2011. In contrast to Mr. Doolittle, the Petitioner was employed and present with the FRD throughout the three-year period and had a full 36 consecutive months in which to obtain the required certification. There was no evidence that the Respondent's extension of Mr. Doolittle's certification deadline was based upon race or national origin. Mr. Doolittle did not become certified by the extended deadline, and the Respondent terminated his employment on December 18, 2011. There is no evidence that the Respondent was not invested in each paramedic successfully completing their training and meeting the requirements set forth in Job Req. #007931. The Respondent hired 12 paramedics in 2008. The Respondent paid the tuition and equipment costs for each paramedic who sought state certification as a firefighter. Additionally, the Respondent paid the salaries and benefits for the paramedics while in classes or exams, as well as the costs of the employees who covered the shifts of such paramedics. The Petitioner received the same training and benefits as all other employees seeking certification. The Respondent anticipated that the Petitioner would ultimately complete the training and exam requirements for certification, and she participated in the recruit training graduation ceremony with her colleagues. The 2008 hires included a Puerto Rican-born Hispanic male who obtained his firefighter certification prior to the deadline, and a Caucasian male who resigned from employment in lieu of termination because he had not obtained the firefighter certification by the deadline and was making no progress towards doing so. During the termination meeting with the Petitioner, FRD Chief Michael Howe advised the Petitioner that she was eligible for re-employment with the FRD if she obtained the firefighter certification. About a week after the termination meeting, Chief Howe called the Petitioner and left a voice message, offering to loan equipment to the Petitioner and to sponsor her for a discount on tuition costs, should she choose to retake the required course and become re-eligible for the certification exam. Chief Howe received no response from the Petitioner.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the complaint filed by the Petitioner against the Respondent in this case. DONE AND ENTERED this 8th day of February, 2013, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 8th day of February, 2013. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations Suite 100 2009 Apalachee Parkway Tallahassee, Florida 32301 Susan T. Spradley, Esquire Gray Robinson, P.A. Post Office Box 3068 Orlando, Florida 32802 Scott Christopher Adams, Esquire LaBar and Adams, P.A. 1527 East Concord Street Orlando, Florida 32803 Cheyanne Costilla, Interim General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301
The Issue Whether the Florida Educator Certificate held by Respondent, Carl Moore, should be disciplined for conduct alleged in the Administrative Complaint filed in this case by Petitioner, Jim Horne, in his capacity as Commissioner of Education.
Findings Of Fact At all times material to this proceeding, Respondent held Florida Educator Certificate No. 822030, covering the area of music. This certificate is valid through June 30, 2003. Respondent was employed at Neptune Middle School, Osceola County, Florida. On July 20, 2004, A.H., who was 17 years old at the time of the alleged incident, was in a hot tub at the Marriott Hotel, in Orlando, Florida. While she sat in the hot tub, she was approached by a young man in a white shirt and khaki trousers who stated "it would be nicer if the jets to the hot tub were on," or words to that effect. A.H. agreed, and the young man walked over to the control panel and attempted to activate the jets. The young man appeared to be unable to activate the jets and walked away from the area. A.H. then got out of the hot tub and attempted to activate the jets herself. As she attempted to activate the jets, the young man approached A.H. and grabbed her right breast. After removing his hand from A.H.'s breast, the young man stated "those are nice." A.H. retreated from the young man, shocked by his actions, and asked why he had touched her. She then began calling for help; the young man walked away. The lighting and proximity of the young man to her allowed A.H. to get a good look at her assailant. A.H. then called her father, who was at the hotel with her, on her cell phone. Her father joined her in the area contiguous to the pool area and called for assistance. A.H. and her father returned to the pool area. A.H. observed the attacker on the other side of the pool and alerted her father who shouted at the attacker. The attacker immediately fled the pool area. Hotel security was, however, able to maintain observation of the attacker. As a result, hotel security officers were able to block the attacker's path of exit from a parking lot resulting in the attacker's automobile crashing into a tree. After the attacker was taken into custody by the hotel security officers, he was identified as Carl Moore, the Respondent herein. Orange County Sheriff's Department deputies arrived shortly thereafter and took charge. A.H. was brought to the parking lot where she observed Respondent and identified him as her assailant. After further investigating the incident, Deputy Sheriff Don Doyle placed Respondent under arrest, charged him with battery, and transported him to jail. Respondent acknowledged that he did not report the arrest to the Osceola County School Board within 48 hours as required.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a final order finding respondent guilty of violating Subsections 1012.795(1)(c) and (i), Florida Statutes (2004), and Florida Administrative Code Rule 6B-1.006(5)(m) and revoking Respondent's Florida Educator Certificate No. 822030. DONE AND ENTERED this 15th day of December, 2004, 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 15th day of December, 2004. COPIES FURNISHED: Kathleen M. Richards, Executive Director Education Practices Commission Department of Education 325 West Gaines Street, Room 224-E Tallahassee, Florida 32399-0400 Edward T. Bauer, Esquire Brooks, Leboeuf, Bennett, Foster & Gwartney, P.A. 909 East Park Avenue Tallahassee, Florida 32301 Carl Moore 910 South Park Court Kissimmee, Florida 34741 Marian Lambeth, Program Specialist Bureau of Educator Standards Department of Education 325 West Gaines Street, Suite 224-E Tallahassee, Florida 32399-0400 Daniel J. Woodring, General Counsel Department of Education 1244 Turlington Building 325 West Gaines Street Tallahassee, Florida 32399-0400
The Issue This is a license discipline case in which the Respondent has been charged by Administrative Complaint with violations of numerous provisions of Chapter 493, Florida Statutes, regarding the several licenses held by the Respondent.
Findings Of Fact During October of 1990, Respondent's Class "B" Security Agency License was in a suspended status due to his failure to pay an administrative fine imposed by the Department of State. His Class "B" license expired July 10, 1991, and has not been renewed. At all times pertinent hereto, Respondent held a valid Class "D" Security Officer License and a Class "G" Statewide Firearm License issued pursuant to Chapter 493, Florida Statutes. Respondent's Class "M" Manager License was issued in July of 1985 and expired in July of 1987. He did not possess a valid Class "M" license in October of 1990. On approximately October 1, 1990, Respondent changed his business location from 2950 Northwest 214 Street, Opa Locka, Florida, to 4623 Forest Hill Boulevard, West Palm Beach, Florida. Respondent did not notify the Department of his address change within ten days of moving. The Department was notified of the address change sometime in May of 1991. On October 18, 1990, May Weiser, an employee of Respondent, appeared at the Department of State, Division of Licensing, West Palm Beach Regional Office to obtain applications for licensure. Ms. Weiser was wearing a security officer badge depicting a replica or facsimile of the Great Seal of the State of Florida. The badge was issued to her by Respondent. On October 19, 1990, Investigator Frank Bedingfield of the Division of Licensing inspected Respondent's business address at 4623 Forest Hill Boulevard in West Palm Beach, Florida. At that time it was determined that Respondent did not possess or have on display a valid Class "B" Security Agency License, an agency disclosure notice, a manager's license, or the required city and county occupational licenses. On that occasion, Respondent was dressed in a security guard uniform and was wearing a .357 caliber model 686 Smith & Wesson revolver loaded with three rounds of .357 caliber steel jacket ammunition and three rounds of .38 special hollow point ammunition. Respondent was also wearing a badge that depicted a facsimile of the Great Seal of the State of Florida. On October 19, 1990, Respondent was unable to provide Mr. Bedingfield with a current list of security agency employees or any business records including hiring and termination notices, and informed the investigator that records were not available due to his recent move. However, he agreed to meet with Mr. Bedingfield again on October 22, 1990, to provide the records. On October 19, 1990, Respondent was providing security guard services to four Miami churches. At the same time he was soliciting business and mailing advertisements in West Palm Beach. Respondent's Class "B" Security Agency License was issued February 23, 1990, was suspended for nonpayment of a fine on September 13, 1990, and was due for renewal on July 10, 1991. Respondent informed Mr. Bedingfield that the fine would be paid by October 22, 1990, in the Miami Regional Office of the Division of Licensing. On October 24, 1990, Mr. Bedingfield returned to Respondent's business location at 4623 Forest Hill Boulevard in West Palm Beach, Florida. Respondent was again wearing a .357 revolver even though he had been notified of the violation during Mr. Bedingfield's previous visit on October 19, 1990. Respondent told Mr. Bedingfield that he had requested a waiver from the Division of Licensing to carry other than a .38 revolver, but could not produce a copy of his request or an approval of such request. The Division of Licensing never received a waiver request from Respondent. Mr. Bedingfield's return visit also revealed that Respondent was again wearing a security badge with the Great Seal of the State of Florida. Respondent did not have a Palm Beach County occupational license and could not provide any evidence that he had notified the Division of Licensing of his change of business address. He could not provide Mr. Bedingfield with a current list of employees, copies of his agency security guard contracts, personnel files for the previous two years, or records of all terminations and new employments. Nor could Respondent produce evidence of current general comprehensive liability insurance. He did provide Mr. Bedingfield with approximately 73 employment applications of current and previous employees. Using these records Mr. Bedingfield compiled a list of guards and produced computer printouts of each current and previous employee. As of October 24, 1990, Respondent had failed to notify the agency of the hiring or termination of 43 employees. Respondent's insurance had been cancelled for non- payment of the premium in August of 1990. At the time of the events described in the foregoing findings of fact, Respondent had overlooked, or was not aware of, a number of the statutory requirements such as the requirements that he notify the Department when he changed business locations, that he display an agency disclosure notice, and that he not use the Great Seal of the State of Florida on his badges. He has since painted over the Great Seal on the badges. For reasons not clarified on the record in this case, Respondent's manager's license states that it is "non-expiring," notwithstanding the statutory provision that all licenses issued under Chapter 493, Florida Statutes, shall be valid for two years.
Recommendation Based on all of the foregoing, it is RECOMMENDED that the Department of State issue a Final Order in this case to the following effect: (a) Concluding that Count V of the Administrative Complaint should be dismissed for insufficient proof; (b) Concluding that the Respondent committed all of the other violations alleged in the Administrative Complaint; and (c) Imposing the following administrative penalties: A suspension of the Respondent's Class "D" Security Officer License for a period of one year; A suspension of the Respondent's Class "G" Statewide Firearm License for a period of one year; and An administrative fine in the total amount of one thousand ($1,000.00) dollars. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 22nd day of May 1992. MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SC 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of May 1992. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 91-1015 The following are my specific rulings on all proposed findings of fact submitted by all parties in this case. Findings submitted by the Petitioner: All of the findings of fact proposed by the Petitioner have been accepted in substance. Findings submitted by the Respondent: The Respondent's proposed recommended order consists of nine unnumbered paragraphs, none of which are specifically identified as proposed findings of act, but most of which contain factual assertions. All of the factual assertions in the Respondent's proposed recommended order have been treated as if they were proposed findings of fact and are specifically addressed below. First paragraph: The first sentence of this paragraph is rejected as contrary to the greater weight of the evidence. The second sentence is rejected as irrelevant or as constituting subordinate and unnecessary details. The last sentence is rejected as constituting argument, rather than proposed facts. Second Paragraph: First two sentences accepted in substance. Last sentence rejected as irrelevant to the issues in this case. Third Paragraph: Accepted. Fourth Paragraph: First two sentences rejected as not supported by persuasive competent substantial evidence and as, in any event, irrelevant. Last sentence accepted. Fifth Paragraph: First paragraph rejected as contrary to the greater weight of the evidence; there were other reasons the licenses were not on display. Second sentence is accepted. The last two sentences are rejected as irrelevant or as constituting subordinate and unnecessary details. Sixth Paragraph: First sentence accepted in substance. The remainder of this paragraph is rejected as subordinate and unnecessary details. Seventh Paragraph: Rejected as subordinate and unnecessary details because other evidence establishes that at the time in question the Respondent was conducting and advertising the business of a security agency. Eighth Paragraph: Rejected as constituting comment on a subordinate matter, rather than a proposed finding of fact. Ninth Paragraph: This paragraph consists of a suggested disposition of the case, rather than proposed findings of fact. COPIES FURNISHED: Henri C. Cawthon, Esquire Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Mr. Dave Burgess, Jr. Post Office Box 552590 Miami, Florida 33055 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250
Findings Of Fact In early September of 1979, John and Ruth E. Lockwood contracted with P & P Custom Pools, Inc. (P & P), for the construction of a swimming pool at their home, 231 El Dorado Drive, Debary, Florida. Respondent, Philip J. Mains, signed the contract on behalf of P & P and later obtained a building permit. He and his men began excavating on site in mid-September. The Lockwoods paid respondent $700.00 on September 6, 1979. As construction progressed, they paid him $1,706.25 on September 27, 1979; $1,000.00 on October 26, 1979; $1,047.50 on October 29, 1979; and $1,706.25 on November 20, 1979. At the appropriate times, a building inspector was summoned, who inspected the project, including the placement of reinforcing steel, ground wiring, and lights. Neither the "steel inspection" nor the "deck inspection" revealed any problem. The workmanship was excellent, as far as it went, but the Volusia County building inspector's office was never asked to perform a final inspection. As respondent promised there would be, there was water in the swimming pool by Christmas of 1979, but respondent did no further work after December, 1979. He never installed the pump, filter, diving board, or hand bars called for in the Lockwoods' contract. Earlier in 1979, Patrick T. Ryan, the other principal in P & P, left town and abandoned the business which was then $37,000 in debt. In November of 1979, respondent turned the company's books over to an accountant. In January of 1980 the business' financial problems became critical and, at the accountant's suggestion, respondent so advised the eight homeowners for whom he was building swimming pools, including, in January or February, Mr. Lockwood, who reacted angrily. Respondent testified that Mr. Lockwood "cussed him out." Thereafter respondent avoided the Lockwoods until April of 1980 when they found him working on another pool. There was enough money owed on the eight contracts as a group to finish all the pools, according to respondent's uncontroverted testimony, at the time the Internal Revenue Service levied on respondent's bank account and seized his tools and equipment. Even then respondent offered to finish the Lockwoods' pool if they would buy the materials. Respondent's wife asked Mrs. Lockwood to write a check to a supplier for a pump and filter so that respondent could install them and get water in the pool circulating. Instead, during the last week of April, 1980, the Lockwoods contracted with somebody else to finish the job and paid him $1,200. Respondent subcontracted with a Jacksonville cement company to pour concrete for the pool. After the concrete had been poured, the Lockwoods got a registered letter from the subcontractor threatening to place a lien on their property if he were not paid. According to Mr. Lockwood, the problem was that some check [supposedly drawn by respondent in favor of the subcontractor] had been delayed in the mail. In any event, there was no indication in the evidence that the Lockwoods heard anything further from the subcontractor.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That petitioner suspend respondent's registration for thirty (30) days. DONE AND ENTERED this 29th day of April, 1981, in Tallahassee, Florida. ROBERT T. BENTON, II 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 30th day of April, 1981. COPIES FURNISHED: Charles F. Tunnicliff, Esquire 130 North Monroe Street Tallahassee, Florida 32301 Philip J. Mains c/o Sue Mains Route 2, Box 799A DeLand, Florida 32720 ================================================================= AGENCY FINAL ORDER ================================================================= BEFORE THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD DEPARTMENT OF PROFESSIONAL REGULATION, Petitioner, vs. CASE NO. 80-2231 PHILIP J. MAINS, RP 0024663, Respondent. /
Findings Of Fact The Department of State hereby adopts and incorporates herein by reference- the Findings of Fact in the Recommended Order.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department Of State, Division Of Licensing, enter a Final Order imposing a fine of $1,000. DONE and RECOMMENDED this 31st day of August, 1993 in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of August, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-6780 To comply with the requirements of Section 120.59(2), Florida Statutes, the following constitute rulings on proposed findings of facts submitted by the parties. Petitioner The Petitioner's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows: Rejected. The evidence fails to establish that the certificate was signed by Moore, who did not testify at the hearing. Rejected. Not supported by the evidence. Neither Meyer nor Wiese testified at the hearing. (This ruling is related to the second proposed finding identified as "4".) Rejected. Not supported by the evidence. Neither Meyer nor Wiese testified at the hearing. Respondent The Respondent filed a letter containing unnumbered paragraphs which is treated herein as a proposed recommended order. The paragraph beginning "I TAKE EXCEPTION" is regarded as paragraph #1. The Respondent's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows: 1, 2. Rejected. The proposed finding is applicable to the weight of the testimony which clearly established that the witness received an inadequate level of instruction. 3. Rejected. The Respondent stipulated to the fact that Dale and Moore were in the same class. The stipulation was placed on the record. The Petitioner released Moore from testifying based on the stipulation. 4, 6-12. Rejected, irrelevant. COPIES FURNISHED: Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250 Henri C. Cawthon, Esquire Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 DV's Security Guard School Stephen Paul DeVillo 10871 Ruden Road Fort Myers, Florida 33917-5513
The Issue The issue in this case is whether Respondent committed an act of violence against, or wrongfully detained, Beatrix Shadwell and, if so, what penalty should be imposed.
Findings Of Fact Respondent holds a Class "D" Security Officer license, Number D93- 16229, and a Class "G" Statewide Firearm license, Number G93- 03349. On March 2, 1996, Respondent's wife telephoned the Collier County Sheriff Office from a convenience store and asked for assistance. A deputy was dispatched to the convenience store to talk to her. Respondent's wife was distraught when the deputy arrived. She said that she was afraid that something was wrong with her husband. She told the deputy that he had shot a gun when she had left the house and she was afraid that he had shot himself. In response to questioning, Respondent's wife, who had redness around her throat and small cuts on her hands, admitted that she and her husband had had an argument. The deputy accompanied Respondent's wife to her home. He searched the house without finding Respondent, although he found several guns, including some loaded. He then questioned Respondent's wife more closely. According to the deputy, Respondent's wife admitted that her husband had physically abused her by grabbing her by the throat, handcuffing her, taping her mouth closed, and putting a gun to her head and threatening to kill her. The deputy took a sworn statement to this effect by writing down what Respondent's wife said and having her sign it. Respondent's wife testified that nothing happened except that she and her husband had an argument. She claimed that her written statement is inaccurate due to her exaggerations and difficulties with English. Respondent's wife is Panamanian and has not resided in the United States for long. She speaks and understands English reasonably well, but not perfectly. While the deputy was speaking with Respondent's wife, Respondent telephoned the house. The deputy ordered him to come home and talk to the deputy. When Respondent returned home, the deputy gave him his Miranda rights and asked him about the incident. Respondent admitted pointing an unloaded weapon at his wife. Petitioner has not proved by clear and convincing evidence all of the facts contained in the statement of Respondent's wife. Her language problems raise some doubt as to the accuracy of the now-repudiated statement. However, Respondent admitted to the deputy that he pointed an empty gun at his wife. This evidence is unrebutted by other evidence because Respondent elected not to testify, and his wife did not discredit this portion of the deputy's testimony.
Recommendation Based on the foregoing, it is RECOMMENDED that the Division of Licensing, Department of State, enter a final order revoking Respondent's Class "D" and Class "G" licenses. ENTERED on October 19, 1995, 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 October 19, 1995. COPIES FURNISHED: Hon. Sandra B. Mortham Secretary of State The Capitol Tallahassee, FL 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-02 Tallahassee, FL 32399-0250 Kristi Reid Bronson Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. Number 4 Tallahassee, FL 32399-0250 Steve Edmund Shadwell, pro se 1880 51st St. SW Naples, FL 33999
Findings Of Fact At all times material hereto, Respondent North Dade Security, Ltd., has held a Class "s" security guard agency license. At all times material hereto, Respondent Rollins Donald has held a Class "K" firearms instructor license. At all times material hereto, Respondent Linda Donald has held a Class "K" firearms instructor license. At all times material hereto, Linda and Rollins Donald have been the principal owners, corporate officers, and directors of Respondent North Dade Security, Ltd., and as such are responsible for the control and operation of the agency. There is no licensed manager for the agency. At all times material hereto, Raymond Curtis Foxwood was an employee of North Dade Security, Ltd. Foxwood has never been licensed as a firearms instructor. An applicant for a statewide gun permit, also known as a Class "G" armed guard license, must submit to Petitioner an application for such license. The application form contains a Certificate of Firearms Proficiency which verifies that the applicant has received the statutorily-required firearms training by a licensed firarms instructor prior to the filing of that application for licensure.- on October 7, 1985, Foxwood submitted to Petitioner on behalf of North Dade Security, Ltd., approximately 20 applications for licensure as unarmed and armed guards. Although Foxwood was advised at that time by one of Petitioner's employees that the applications could not be processed due to the absence of licensure fees and due to deficiencies in completeness, the applicants were sent by North Dade Security to Petitioner's office to pick up their temporary licenses on the morning of October 8. When questioned about their applications, some of the applicants advised Petitioner's employee that they had received no firearms training, although their applications certified that they had. After the applicants were refused temporary licenses by Petitioner, North Dade Security sent the applicants to a gun range where Foxwood administered some firearms training for approximately four hours. Neither Rollins Donald nor Linda Donald was present at that training session. As of October 1985, several other persons employed by North Dade Security as armed guards had received no firearms training in conjunction with that employment. Most of the Certificates of Firearms Proficiency a contained within the applications of those latter employees and of the October 7 applicants were signed by Rollins Donald and by Linda Donald. 11. The numerous applications submitted by North Dadee La Security, Ltd., on October 7, 1985 was occasioned by a large contract entered into by North Dade Security, Ltd. requiring the immediate employment of a large number of armed guards.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED that a Final Order be entered finding Respondents North Dade Security, Ltd., Rollins Donald and Linda Donald guilty of the allegations contained within the Administrative Complaint filed herein, and revoking the Class "B.' license of North Dade Security, Ltd., and further revoking the Class "K" firearms instructor licenses of Respondents Rollins Donald and Linda Donald. DONE and RECOMMENDED this 25th day of February, 1987, at Tallahassee' Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of February, 1987. COPIES FURNISHED: Kenneth J. Plante, Esquire Department of State The Capitol Room LL-10 Tallahassee Florida 32399-0250 Jackie L. Gabe, Esquire Charles C. Mays, Esquire McCRARY & VALENTINE Executive Plaza 3050 Biscayne Boulevard. Suite 800, Miami, Florida 33137-4198 Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 APPENDIX The testimony at the final hearing in this cause was preserved by tape recorder using cassette tapes rather than by use of the court reporter. At the conclusion of the final hearing, Respondents determined that they would provide a transcript of proceedings for use by the undersigned and would therefore have the cassette tapes of the final hearing transcribed. The parties were afforded thirty (30) days from the filing of that transcript in which to submit proposed findings of fact in the form of proposed recommended orders. On June 23, 1986, a transcript was filed with the Division of Administrative Hearings. The parties hereto subsequently agreed that that transcript was incomplete, and a complete transcript was filed with the Division of Administrative Hearings on September 22, 1986. Accordingly, the parties' proposed recommended orders became due to be filed with the Division of Administrative Hearings no later than October 22, 1986. Respondents filed their proposed recommended order on October 20, 1986. However, Petitioner did. not file its proposed recommended order until October 23, 1986. On October 24, 1986, Petitioner also filed what it considered to be an uncertified "corrected transcript. A series of correspondence and conference calls then ensued due to the Respondents' inability to accept the "corrected~ transcript, and the parties were afforded additional time in which to resolve their differences regarding the September 22, 1986 transcript, which was determined by the undersigned to be the official transcript of this proceeding. By correspondence from Petitioner's substituted attorney filed on February 2, 1987, Petitioner withdrew its "corrected" transcript and agreed to the use of the official transcript filed on September 22, 1986. Since Petitioner's proposed recommended order was filed late and no extension of time for the filing of that proposed recommended order was requested or granted, no rulings are made herein on Petitioner's proposed findings of fact. Although Respondents' proposed recommended order was timely filed, only Respondent's finding of fact numbered 1 has been adopted in this Recommended Order. The remainder of Respondents' proposed findings of fact have been rejected as not constituting findings of fact but rather as constituting recitations of the testimony of each witness. ================================================================= FIRST DISTRICT COURT OPINION ================================================================= IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NORTH DADE SECURITY LTD. NOT FINAL UNTIL TIME EXPIRES CORPORATION, LINDA H. TO FILE REHEARING MOTION AND DONALD and ROLLINS DONALD, DISPOSITION THEREOF IF FILED. Appellants, CASE NO. 97-1350 DOAH CASE NO. 85-4192 Vs. DEPARTMENT OF STATE DIVISION OF LICENSING, Appellee. / Opinion filed September 1, 1988. An appeal from an order of the Department of State. Michael J. Cherniga, of Roberts, Baggett, LaFace & Richard, C Tallahassee, for appellants. R. Timothy Jansen, Assistant General Counsel, Department of State, Tallahassee, for appellee. THOMPSON, Judgee. This is an appeal from a final order of the Department of State (Department) approving and adopting the hearing officer's recommended order holding that the firearms instructor licenses of the individual appellants should be revoked and that the security agency license of the corporate appellant should be revoked. We reverse and remand. The appellants raise, inter alia, the following two questions: (1) Whether the Department's failure to accurately and completely preserve the testimony adduced at the final hearing constitutes a departure from the essential requirements of law and a violation of appellants' due process rights, and (2) whether the Department's failure to preserve the testimony adduced at the final hearing has materially prejudiced the appellants' rights to judicial review of this cause. At the final hearing in this case the Department attempted to preserve the testimony presented by tape recorder using cassette tapes rather than by the use of a court reporter. The Department notified appellants prior to the final hearing that it intended to preserve the hearing testimony in this manner, and that appellants would be responsible for furnishing any transcript they might need for review of the hearing officer's findings. Appellants were advised they were free to either hire a court reporter to produce such transcript or that they could use the Department's tapes t make their own transcript. Appellants neither hired a court reporter nor objected to the Department's announcement that it would tape record the proceedings. Unfortunately, the tape recorder malfunctioned, and numerous substantial and material portions of the testimony taken at the hearing were not transcribable because they were not recorded at all, or because the tapes were inaudible or unintelligible. The final hearing was concluded February 18, 1986. At the conclusion of the hearing the appellants determined that they would provide a transcript of the proceedings for use by the parties and would have the cassette tapes of the final hearing transcribed. The parties were afforded 30 days from the filing of the transcript in which to submit proposed findings of fact in the form of proposed recommended orders. On June 23,1986, a transcript was filed with the Division of Administrative Hearings (DOAH) but the parties subsequently agreed that the transcript was incomplete. An allegedly complete transcript was filed with DOAH on September 22, 1986, and the parties' proposed recommended orders were due to be filed no later than October 22, 1986. Appellants filed their proposed recommended order on October 20, 1986 and the Department filed its recommended order October 23, 1986 together with what it labeled a "corrected" transcript. The appellants refused to accept the "corrected" transcript and the parties were afforded additional time to resolve their differences regarding the September 22 transcript. Ultimately, the transcript filed September 22 was determined by the hearing officer to be the official transcript of the final hearing. On February 2, 1987, the Department withdrew its "corrected" transcript and agreed to use the transcript filed September 22, 1986. The hearing officer's recommended order was entered February 25, 1987, and the final order of the agency was entered September 23, 1987, more than one and one-half years after the date of the final hearing. Section 120.57(1)(b)6, Fla. Stat. (1985) provides in part: The agency shall accurately and completely preserve all testimony in the proceeding, and, on the request of any party, it shall make a full or partial transcript available at no more than actual cost. The statute requires agencies to accurately and completely preserve all testimony in §120.57(1) proceedings held before them, and this mandatory duty cannot be avoided or escaped by simply advising an opposing party that the agency proposes to preserve the testimony by tape recording and that the opposing party has the right to hire a court reporter. The appellants were entitled to rely upon the Department to accurately and completely preserve the testimony taken at the final hearing, yet review of the transcript herein reveals that the Department failed to perform its duty. There are numerous obvious omissions of substantial and material portions of the testimony received, and the answers to many of the questions posed are incomplete or inaudible. Because of the condition of the record the appellants are unable to obtain any meaningful review of the proceedings. Booker Creek Preservation. Inc. v. State of Florida Department of Environmental Regulation, 415 So. 2d 750 (Fla. 1st DCA 1982) and Florida Department of Corrections v. Bradley, 510 So. 2d 1122 (Fla. 1st DCA 1987) are not applicable, as these cases involved a factual situation where the appellant failed to furnish a written transcript although one could have and should have been obtained by the appellant. In this case the appellants made every effort to obtain a complete and accurate written transcript of the testimony but were unable to do so through no fault of their own. As the parties were unable to agree on a statement of the evidence, the appellants are entitled to a hearing de novo. The order of the Department is vacated and the cause is remanded for a hearing de novo on the petition. SHIVERS and ZEHMER, JJ ., CONCUR.
The Issue The issue for consideration in this case is whether Respondents' Class B, Class D, Class G and Class MB security licenses should be disciplined because of the matters alleged in the Administrative Complaint.
Findings Of Fact At all times pertinent to the issues herein, the Department of State, Division of Licensing, was the state agency responsible for the licensing and regulation of private security guards and guard agencies in Florida. Respondent held a Class B Security Agency license, a Class D Security Officer license, a Class G Statewide Firearm license, and a Class MB Security Agency Manager license, all issued pursuant to and under the restrictions contained within the provisions of Chapter 493, Florida Statutes. Though the Class B Security Agency license was issued in the name of Alert Security Services, in reality, Respondent Maraia was the proprietor and operator of the agency under the license. Peter F. Walker was employed as the assistant manager of the 7 - 11 convenience store in Indian Shores, Florida on July 21, 1993. About 11:30 PM, that evening, he observed Respondent in the store about 8 to 20 feet away, wearing his security guard uniform shirt with khaki shorts. A patch on the shoulder of the shirt bore the logo, "Alert Security." As another customer was checking out, Mr. Walker heard a gunshot and then something hitting the floor. At this point, only Mr. Walker, his customer, and the Respondent were in the store. When Walker asked the Respondent about it, Respondent replied that a customer had come up behind him and was trying to take Respondent's weapon from the holster he had stuck in the waistband in the back of his shorts. Respondent claimed that when this happened, the clip from the weapon fell to the floor and one round in the clip went off. Later on, however, Respondent claimed the weapon had dropped and fired when it hit the floor. As Mr. Walker remembers it, however, he heard the shot before anything hit the floor. Patrolman Angela Cole had just pulled into the 7 - 11 parking lot late on the evening of July 21, 1993 when she heard a pop - as if someone had run over a bottle. She checked around the area and seeing nothing unusual, went into the store where she saw the clerk and the Respondent, whom she knew. Respondent was wearing a security badge and carrying a 9 mm weapon in plain view. When Cole spoke with Respondent and asked him why he wasn't in proper security guard uniform, because his dress that evening was not consistent with his usual security uniform, he indicated he was not feeling well. In response to her inquiry regarding the noise she had heard, and why he had the weapon in plain view, Respondent claimed he had dropped his weapon and he and the clerk were joking about it. At this point, however, Respondent seemed nervous and didn't want to discuss the matter further. Also about the same time, Patrolman Vance Nussbaum, of the Indian Shores Police Department entered the store to see Respondent, who had his 9 mm weapon in plain view and was wearing a security badge, engaged in conversation with the store clerk. The pistol was in a holster tucked into Respondent's pants in the back. Nussbaum took hold of the gun and shook it and then chastened Respondent for poor gun safety. At that point, Respondent indicated someone had just hit the magazine release on the weapon and the magazine fell to the floor. That individual was no longer in the area, however. Taken together, it is clear that on the evening in question, Respondent's 9 mm pistol, which was in his possession at the time, was somehow discharged. No report of this weapon discharge was ever filed with the Division, however. On May 23, 1993, Officer Nussbaum responded to a call to the Holiday Villas II in Indian Shores. Upon his arrival at the scene, he saw June Hawks, who he knew to be a part-time security guard employed by Respondent, on duty in the resort's parking lot after a fire alarm had been sounded. This same activity was also observed, the following day, by E. D. Williams, Chief of the Indian Shores Police Department who presumed Ms. Hawks was working for Respondent. Chief Williams drew this conclusion because he had seen Respondent doing this work at the resort the night before and assumed the same firm was still in charge. On August 2, 1993, Officer Nussbaum responded to a call to a Pick-Kwick in Madiera Beach based on a call about a drunk individual which call had come in to the Pinellas County Sheriff's Office from an individual who described himself as Chris "Myers", a reserve police officer with the Indian Shores Police Department. It is found that Chris "Myers" is, in actuality, the Respondent, Christopher Maraia, who had represented himself as a reserve police officer. This call was sent out to street units for response, thereby impacting on police operations in the area. When Nussbaum arrived at the scene, he observed Respondent, fully dressed in the uniform of a security guard, with patches, badge and weapon, in the company of a Madiera Beach Police Officer. At one time, Respondent had been a reserve officer with the Indian Shores Police Department but that status had terminated in December 1992. Keith Stillwagen had been employed by Mr. Maraia, off and on, for several years, but worked for him primarily as a security guard at the 34th Street Food Lion market in St. Petersburg between January and March, 1993. He was hired by Mr. Maraia personally, and the identification card Maraia issued to him bore Maraia's signature and license number. This employment was not reported to the Division as required. These allegations were investigated by Gary Floyd, an investigator with the Department of State, who initially interviewed Respondent regarding the alleged hiring of Ms. Hawks and Mr. Stillwagen. In a sworn statement to the investigator, Respondent indicated Alert Security Services had hired Stillwagen on weekends from January to March, 1993, and had also employed Hawks on holidays between April and June, 1993. He admitted that the firm did not notify the Department of State about the hirings and could give "no good reason" for failing to do so as required. In another sworn statement given to Investigator Floyd, Respondent indicated he had worked at Holiday Villas II on July 21, 1993 and had, while out of uniform but wearing a badge on his belt, visited a nearby 7 - 11 store. He admitted that at the time he had a 9 mm pistol with him and it had accidentally discharged when he dropped it. Respondent denied anyone had grabbed for the weapon. He did not report the discharge. On August 9, 1993, Floyd took a third statement from Respondent in which he admitted making the call about the drunk and initially indicating he was a reserve police officer with the Indian Shores Police Department. He acknowledged this was not a true statement in that he had not held that status for a year and a half at the time. The following day, August 10, 1993, Respondent reiterated his statement to Floyd that he had been at the 7 - 11 when leaving a duty station and claimed he was not in uniform at the time. While he may not have been in full uniform, other credible evidence of record indicates he was dressed in a uniform shirt which bore the patch of his security guard; was displaying a security officer's badge; and was armed. It is so found.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be issued in this case, dismissing Counts II and IV of the Administrative Complaint, but finding Respondent, Maraia, guilty of Counts III, V and VI thereof and Respondent, Alert Security Services, guilty of Count I. It is also recommended that the Class "D", "G", and "MB" security licenses held by Respondents, Christopher J. Maraia, Sr. be revoked; that the C lass "B" license held by Respondent, Alert Security Services, be suspended for one year; and that Respondents jointly and severally pay an administrative fine of $500.00. RECOMMENDED this 31st day of March, 1994, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 March, 1994. COPIES FURNISHED: Richard R. Whidden, Jr., Esquire Assistant General Counsel Department of State Division of Licensing The Capitol, Mail Stop 4 Tallahassee, Florida 32399-0250 Christopher J. Maraia, Sr. Alert Security Services 15518 Redington Drive, Redington Beach, Florida 33708 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater General Counsel Department of State The Capitol Plaza Level 02 Tallahassee, Florida 32399-0250
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, the arguments of counsel and the entire record compiled herein, the following relevant facts are found. Gary L. Wheeler, Respondent, is a graduate of Bob Jones University, having received a Bachelor of Science degree therefrom in accounting in 1974. On July 27, 1979, Respondent received his California certificate as a certified public accountant. Thereafter, Respondent filed an application to obtain a reciprocal C.P.A. certificate in Florida based on his certificate issued by the State of California (Certificate No. E-28234). His application was denied by the Petitioner on October 26, 1979, for the following reason: Applicant failed to satisfy the requirements set forth in Section 7(3)(b), Chapter 79-202, Laws of Florida, inasmuch as the license issued to Gary L. Wheeler in California is not issued under criteria substantially equivalent to that in effect in Florida at the time the California license was issued. Bob Jones University was not recognized as an accredited university in Florida by the Board when Respondent received his California certificate inasmuch as it was not listed among the institutions of postsecondary education by the Council on Postsecondary Accreditation (COPA). During September, 1976, Petitioner adopted the COPA list of schools as the schools from which it would accept graduates to sit for its examination. This was done for the avowed purpose of ensuring minimum competence and technical fitness among the ranks of Florida accountants. Douglas H. Thompson, Jr., the Petitioner's Executive Director since 1968, is the Board's chief operating officer and carries out its functions respecting applications for licensure. As such, Mr. Thompson was the person charged with examining Respondent's application pursuant to his California certificate to determine whether the Respondent's certificate was issued under criteria "substantially equivalent" to Florida's licensing criteria. Respondent's application was considered by the Board on two (2) occasions and rejected because Respondent's alma mater, Bob Jones University, is not listed among the accredited schools and universities by COPA. See Sections 473.306; 473.307 and 473.308, Florida Statutes, as amended; and Chapter 21A-28.06, Florida Administrative Code. As an aside, it was noted that the Board, in adopting its procedure for evaluating the criteria for applicants who were seeking to obtain certificates based on the reciprocal qualifications guidelines also adopted other equivalency procedures which provide Respondent an alternative method for which he may obtain a Florida certificate. In this regard, Respondent is only approximately six (6) quarter hours away from obtaining his certificate under the alternative equivalency procedures established by the Board. See Chapters 21A-9.01 through 9.04(4), Florida Administrative Code.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Respondent's appeal of the Board's action in denying his application for a reciprocal license to practice public accounting based on the issuance of his California certificate be DENIED. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 26th day of March, 1980. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675
