The Issue Should Petitioner's request for exemption from disqualification from employment in a position of trust or responsibility be granted?
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: The Department is the agency of the State of Florida charged with the responsibility of requiring security background investigations of persons employed by employers under the Department's jurisdiction and licensing powers in positions designated by law as positions of trust or responsibility. The purpose of the security background screening is to determine if there are individuals who have committed an offense which would disqualify the individual from working in positions designated by law as positions of trust or responsibility. Petitioner was employed in a position of trust or responsibility by Anchor House Ministries in Auburndale (Anchor) located in Polk County, Florida, an agency, as that term is defined by Section 409.175(2)(a), Florida Statutes, which housed children and required licensure by the Department. Petitioner's job required that he be screened in accordance with level 2 standards for screening set forth in Chapter 435, Florida Statutes. This screening revealed a felony conviction which disqualified Petitioner from employment in a position of trust or responsibility. Petitioner and Anchor were notified of Petitioner's disqualification. Thereafter, Petitioner was discharged from his employment with Anchor. Subsequent to being discharged by Anchor, Petitioner was employed by Lakeland Regional Medical Center (Lakeland Medical). The record is not clear if Petitioner's position with Lakeland Medical required that Petitioner be screened in accordance with Chapter 435, Florida Statutes. In any event, it appears that Petitioner was not screened as a result of his employment with Lakeland Medical. On June 4, 1992, the Grand Jurors of the State of West Virginia in and for the County of Braxton returned a 16-Count Indictment, Number 92-F-20 (Indictment), against Petitioner involving allegations of breaking and entering with the intent to steal which were alleged to have occurred between June 7, 1991, and February 19, 1992, and an allegation of aggravated robbery and felonious assault alleged to have occurred on January 7, 1992, contained in Count 10 of the Indictment. On July 14, 1992, Petitioner entered Appalachian Teen Challenge, Inc. (Appalachian) and successfully completed the long-term residential program offered by Appalachian on August 3, 1993. Thereafter, on December 21, 1993, Petitioner entered a plea of guilty to the charge of grand larceny contained in Count 10 of the Indictment, a third degree felony under Section 812.014(2)(c)1., Florida Statutes. The court accepted the plea of guilty to grand larceny and adjudicated Petitioner guilty. The State of West Virginia moved to dismiss the remaining charges contained in the Indictment. The court granted the motion and all other charges were dismissed by the court. By a Sentencing Order dated December 23, 1993, the court suspended the imposition of sentence and committed the Petitioner to the custody of the West Virginia Commissioner of Corrections as a youthful offender to be assigned to a center for youthful offenders for a period of not less than six months, nor more than two years. Time served was to be at the discretion of the superintendent of the youthful offender center where Petitioner was assigned. The court also required that Petitioner undergo a period of training programs. After successfully completing the program requirements of Anthony Center, the youthful offender center where Petitioner was assigned, the court, by order dated July 7, 1994, released Petitioner from Anthony Center and placed Petitioner on probation for a period of five years. A condition of Petitioner's probation was restitution. Since being placed on probation, Petitioner has made monthly restitution payments and continues to make restitution payments. After being placed on probation, Petitioner moved to Florida and enrolled in Southeastern Bible College where he has earned 150 hours of college credits. Petitioner's move to Florida was approved by his probation officer in West Virginia. Petitioner has maintained contact with his probation officer in West Virginia since his move to Florida. Additionally, Petitioner, until just recently, maintained his residence in West Virginia. Since moving to Florida, Petitioner has married and, with the help of his father-in-law, purchased a home. There is no evidence in the court records of West Virginia concerning Petitioner's use of illegal drugs or alcohol during the time of his troubles in 1991 and 1992. However, when asked by the exemption committee concerning the use of illegal drugs and alcohol, Petitioner candidly admitted to the exemption committee that at time of his troubles in West Virginia during 1991 and 1992, he had been involved with illegal drugs and alcohol. However, Petitioner also advised the exemption committee that he was no longer involved with illegal drugs or alcohol. Furthermore, Petitioner advised the exemption committee that he had overcome his problem with drugs and alcohol though the church and his faith in God, without being involved in Alcoholics Anonymous or Narcotics Anonymous. Likewise, Petitioner's testimony at the hearing, which I find to be credible, was that he had solved his drug and alcohol problem through the church and his faith in God, notwithstanding the testimony of Malcomb Miller or Robert King to the contrary. By order dated November 4, 1998, Petitioner's probation was discharged and terminated and Petitioner was released from the supervision of the court in West Virginia. There is sufficient evidence to show that Petitioner has been sufficiently rehabilitated to be employed in a position of trust and responsibility and that he will not present a danger if allowed to be employed in a position of trust or responsibility.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department enter a final order granting Petitioner's request for an exemption from disqualification for employment in positions of trust and responsibility. DONE AND ENTERED this 29th day of December, 1998, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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) 921-6947 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of December, 1998. COPIES FURNISHED: Stanley J. Lane, pro se 212 West Park Street Lakeland, Florida 33803 Jack Farley, Esquire Department of Children and Family Services 4720 Old Highway 37 Lakeland, Florida 33803 Gregory D. Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 John S. Slye, General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
