Findings Of Fact Respondent, Marcel C. Johnson, is a certified law enforcement officer having been issued certification number 0235217 on March 2, 1982 by petitioner, Criminal Justice Standards and Training Commission. Until 1985 or early 1986, he was employed as a police office by the City of Miami. On or about April 15, 1986 Johnson pled nolo contendere to possession of a controlled substance - cocaine, a third degree felony. Adjudication of guilt was withheld and Johnson was placed on three years' probation and required to perform 150 hours of community service.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that respondent's law enforcement certification number 0235217 be REVOKED. DONE AND ORDERED this 14th day of August, 1987, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 14th day of August, 1987. COPIES FURNISHED: Joseph S. White, Esquire Post Office Box 1489 Tallahassee, Florida 32302 Mr. Marcel C. Johnson 2105 Northwest 56th Street Miami, Florida 33142 Mr. Rod Caswell, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Mr. Robert R. Dempsey Executive Director Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact Hearing was delayed for thirty minutes in order to allow Ronald Scarlata additional time to appear. Because Scarlata failed to appear no further evidence was presented regarding why he should be entitled to a mortgage broker's license beyond the statements contained in his original application. The Department of Banking and Finance was then directed to present its evidence as to why Ronald Scarlata should not be licensed as a mortgage broker. The Department of Banking and Finance called two witnesses, Ehrlich and Spradley, and offered Exhibits 1-4 for identification. Exhibits 1, 3, and 4 were received and Exhibit 2 was rejected because it lacked relevance to the charges. Ronald Scarlata, the applicant for licensure, filed his application (Exhibit 1) together with a fingerprint card (Exhibit 3) with the Department of Banking and Finance as required by statute. The Department of Banking and Finance as a part of its normal procedure in reviewing such application, forwarded the fingerprint card of Ronald Scarlata to the Florida Department of Criminal Law Enforcement for a check of its files to determine if the applicant had ever been arrested in Florida. This check of the Florida Department of Criminal Law Enforcement files revealed no history of arrest of the applicant. The fingerprint card (Exhibit 3) was forwarded to the Federal Bureau of Investigation by the Florida Department of Criminal Law Enforcement for a check of its files. The check of its fingerprint cards by the Federal Bureau of Investigation revealed that the person by the name of Ronald A. Scarlata whose fingerprints matched those of the applicant had been arrested in Rochester, New York, for third degree burglary and attempted first degree grand larceny and was convicted of attempted second degree grand larceny. The Department of Banking and Finance caused the Florida Department for Criminal Law Enforcement to inquire directly to the Rochester, New York authorities to determine whether their records coincided with those of the Federal Bureau of Investigation. This inquiry resulted in the receipt of a TELEX message (Exhibit 4) received by 0. Allen Spradley, the addressee of the message, from the Rochester Police Department. This message confirms the information received by the Florida Department of Criminal Law Enforcement from the Federal Bureau of Investigation. Spradley, former employee of the Federal Bureau of Investigation fingerprint identification branch, stated that entry on the Federal Bureau of Investigation report indicated a conviction and sentencing as opposed to probation without adjudication of guilt or conviction. The crime of attempted grand larceny in the second degree involves moral turpitude. The application of Ronald Scarlata (Exhibit 1) indicates that the applicant answered question 5 on page 2, regarding prior arrests or indictments, in the negative, and subscribed the application on February 5, 1975.
The Issue This is a case in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations that the Respondent is guilty of misconduct involving the possession of cocaine. There is very little dispute regarding the facts in this case. The primary dispute concerns the determination of the appropriate penalty to be imposed.
Findings Of Fact The Respondent, Alton J. Roberts, holds teaching certificate number 584629 issued by the Florida Department of Education. His certificate is in the area of Physical Education and is valid for the period 1991-1996. At all times relevant and material to this proceeding, the Respondent has been, and continues to be, employed as a school teacher with the Dade County School System. He has been teaching in this capacity as a Physical Education teacher for approximately four years. On or about July 21, 1990, the Respondent and another adult male were in the process of driving from Miami to New York to return a van that belonged to the Respondent's brother. While the Respondent was sleeping and the other man was driving, law enforcement officers stopped the van for a traffic violation in the vicinity of Fort Pierce, Florida. As the van was coming to a stop, the driver woke the Respondent and told him that they were being stopped by law enforcement officers. When the van came to a stop, the driver got out first and went to speak to the officers. After the driver had gotten out of the car, the Respondent saw a small plastic container that he knew was the type of container customarily used for storing and sifting powdered cocaine. In an effort to conceal the container from the law enforcement officers, the Respondent picked up the container and put it in one of his back pockets. A few minutes later when the Respondent was asked to step out of the van, the law enforcement officers discovered the container in the Respondent's back pocket. Further examination of the container removed from the Respondent's back pocket revealed that it contained a small amount of white powder. The white powder was not weighed, but was perhaps as much as a gram in total weight. Described otherwise, the volume of the powder in the container removed from the Respondent's pocket was less than the volume of powder that would result from a crushed aspirin. The white powder was field tested and it tested positive for cocaine. As a result of the events described above, the Respondent was arrested and charged with felony possession of cocaine and possession of drug paraphernalia. On February 25, 1991, the Respondent entered a plea of nolo contendere to the charge of possession of cocaine and the other charge was dismissed. Adjudication was withheld and the Respondent was placed on probation for a period of two years. The Respondent was also required to perform 150 hours of community service, to pay $725.00 in court costs and fines, to pay $50.00 per month toward the cost of his probation supervision, and to receive a substance abuse evaluation. The Respondent has complied with all of the court-ordered requirements. The Respondent does not use cocaine. There is no evidence that the Respondent has been involved in any way with cocaine or any other illegal drugs at any time before or after the incident on July 21, 1990. The Respondent's arrest and subsequent court proceedings did not receive any notoriety in the Dade County area. The Respondent reported the matter to the principal of the school where he is employed. The principal reported the matter to administrators of the Dade County School System. After review of the matter, the administrators of the Dade County School System allowed the Respondent to continue to be employed as a teacher. Between the date of his arrest and the date of the hearing, the Respondent has taught all of one school year and most of a second school year. No evidence was offered of any problems or irregularities in his teaching during that period, nor was any evidence offered of any lack of effectiveness as a teacher during that period.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that a Final Order be issued in this case concluding that the Respondent is guilty of a violation of Section 231.28(1)(c), Florida Statutes, as charged in the Administrative Complaint, and imposing a penalty consisting of the following: Issuance of a written reprimand from the Education Practices Commission to be placed both in the Respondent's certification file and in the Respondent's personnel file with the Dade County School System, and Placement of the Respondent on probation for a period of five years, the probation period to begin upon issuance of the Final Order and to include such terms as may appear necessary and appropriate to the Education Practices Commission to monitor the Respondent's performance as a teacher during the period of probation, including a provision for random drug testing of the Respondent at the request of the Education Practices Commission and at the expense of the Respondent. DONE AND ENTERED at Tallahassee, Leon County, Florida, this 28th day of April, 1992. MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 904/488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of April, 1992.
The Issue Whether or not Respondent falsified his application for employment warranting his dismissal from employment by the School Board.
Findings Of Fact Respondent has been employed by Petitioner as a bus driver since 1989. When Respondent filed his application for employment with Petitioner, he failed to divulge the following arrests: 1983 - Aggravated battery. 1984 - Disorderly conduct and battery. 1985 - Petit larceny. 1985 - Resisting arrest without violence. 1987 - Possession of marijuana. During early 1993, the St. Petersburg Times, a local newspaper, conducted an investigation of Petitioner's employees which included compiling arrest records of all employees. Included within that compilation and investigation were the above-referenced arrests of Respondent which were not noted (by Respondent) on his employment application. Respondent does not contest the fact that he was arrested and found guilty of all the above-referenced arrests. Based on his failure to disclose those arrests, he was dismissed on March 25, 1993 for falsifying his employment application. However, he maintains that one other employee with a similar employment record, Debbie Hillman, was reassigned by Petitioner and maintained her employment, with the result that he was treated differently than other employees. Administrator Barker conducts investigations of employee conduct and at times makes recommendations respecting the employment and continued employment of Petitioner's employees. Mr. Barker recommended that Respondent be terminated when Respondent's arrest records came to his attention. Relying on the number of arrests and the nature of one arrest and conviction, particularly the offense relating to possession of marijuana during 1987, Mr. Barker determined that Respondent would not have been hired as a bus driver. This was so based upon the potential that students would be injured while Respondent drove the school bus if he did so while under the influence of drugs. Mr. Barker was familiar with the Debbie Hillman reassignment. Specifically, employee Hillman approached one of Petitioner's supervisory employees, Dr. Crosby, and advised him of a drug problem that she had and requested treatment. Ms. Hillman was enrolled in a drug treatment program where she was subjected to random and monthly urinalysis. Ms. Hillman was allowed to transfer to another position after her completion of rehabilitation because she came forth with the information and moreover, she did not falsify arrest records on her employment application. Ms. Hillman's case is factually distinguishable from Respondent's case and, therefore, does not show that Respondent was treated differently or more harshly than other employees.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Petitioner enter a Final Order sustaining its dismissal of Respondent as a bus driver with the Pinellas County School Board. DONE AND ENTERED this 2nd day of November, 1993, in Tallahassee, Florida. COPIES FURNISHED: Keith B. Martin, Esq. Pinellas County School Board Post Office Box 2942 Largo, Florida 34649-2942 JAMES E. BRADWELL 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 November, 1993. Leroy Brown 12048 135th Avenue North Largo, Florida 34640 Honorable Betty Castor Commissioner of Education Department of Education The Capitol Tallahassee, Florida 32399-0400 Dr. J. Howard Hinesley Superintendent Pinellas County School Board Post Office Box 2942 Largo, Florida 34649-2942
Recommendation By reason of the foregoing facts and conclusions, I hereby recommend that the Respondent's registration be revoked. DONE and ENTERED this 24th day of August, 1976, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675
The Issue Whether or not Petitioner's application for a Class "D" security officer's license should be approved.
Findings Of Fact On November 8, 1990, the Respondent, Department of State, Division of Licensing, received Petitioner, Marco A. Sanchez' application for a Class "D" security officer's license. The application was signed by Petitioner on October 24, 1990. In Section five of Petitioner's application, Petitioner indicated he had never been convicted of a crime regardless of whether adjudication was withheld or imposition of sentence was suspended. By amended denial letter dated June 11, 1991, Respondent advised Petitioner that his application for licensure would be denied for alleged violation of Section 493.6118(1)(a), to wit, fraud or willful misrepresentation in applying for a license; and Section 493.6118(3), lack of good moral character. On March 1, 1990, in Hillsborough County Circuit Court, Case No. 89- 20164, Petitioner pled guilty and had adjudication of guilt withheld on the charge of petit theft. The initial charge was strong arm robbery but was reduced at trial. Petitioner was placed on probation for a period of six months, however, he successfully performed his community service within two (2) weeks of sentencing and the probationary period was suspended following his completion of the community service.. The guilty plea resulted from an incident in which Petitioner attempted to steal a dress shirt from a local department store. Petitioner became angry when he was unsuccessful in his effort to exchange a shirt that he received as a gift. Petitioner was ultimately able to have the shirt exchanged at a different department store of the same chain. Following the exchange, Petitioner attempted to steal another shirt. Petitioner was observed by the store's security officers who followed him and apprehended him as he left the store. Petitioner and the officers engaged in a scuffle when they detained him. Based on Petitioner's confrontation with the store clerk at the first store, he was motivated to attempt to take the shirt from the second store. On December 9, 1989, Petitioner was originally charged with strong arm robbery on the basis that one of the security officers was injured on the lip. At hearing, Petitioner credibly testified that the security officer in question was not involved in his apprehension in December 1989. Petitioner is remorseful for attempting to steal the shirt from the department store in December 1989. During November 1988, in Miami, Florida, Petitioner was arrested and charged with the possession of cocaine and marijuana. The charges were nolle prossed. Petitioner credibly testified that the drugs in question belonged to a female companion in his car at the time of his arrest and he was unaware that she had any contraband on her person. Petitioner completed his application for a Class "D" security officer and was aware of his requirement to truthfully respond to the inquiry in Section Five of the application. Petitioner failed to credibly explain his omission of the March 1, 1990 disposition of the charges filed against him in Hillsborough County Circuit Court, Case No. 89-20164.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: Respondent enter a Final Order denying Petitioner's application for licensure as a Class "D" security officer. DONE and ENTERED this 29th day of August, 1991, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 29th day of August, 1991.
The Issue Whether or not Charles D. Reynolds, on January 7th, 1976, was arrested and charged with DWI, Aggravated Assault, and Resisting Arrest without Violence; the charge of DWI was reduced to driving with an unauthorized blood alcohol level; Charles D. Reynolds plead guilty, was adjudicated guilty and paid a fine of $200 plus court costs; the aggravated assault charge was nol prossed; he plead guilty and was adjudicated guilty of Resisting Arrest without Violence and paid a fine of $250 plus court costs, his license was revoked, and he was sentenced to DWI School; and due to the above misconduct has failed to perform his duties as an educator as described in Section 231.09, Florida Statutes, thereby subjecting himself to the penalties found in Section 231.28, Florida Statutes. Whether or not Charles D. Reynolds, on December 25th, 1976, was arrested and charged with DWI, and resisting arrest with violence; he plead guilty to the lesser including Offense of Assault on a Law Officer, was put on one year's probation, sentenced to spend weekends in Jail for a period of three months beginning June 11th, 1977; he was allowed to vacate the guilty plea and plead nolo contendere to the charge of Assault on a Law Enforcement Officer with the same conditions as the guilty plea; and due to the above misconduct has failed to perform his duties as an educator as described in Section 231.09, Florida Statutes, thereby subjecting himself to the penalties found in Section 231.28, Florida Statutes.
Findings Of Fact The Respondent, Charles D. Reynolds, is presently the holder of Florida Teacher's Certificate Number 316529, Graduate Rank III and is employed in the public schools of Duval County, Florida. This cause has been brought for consideration based upon a recommendation by the State of Florida, Department of Education, Professional Practices Council, Executive Committee, dated May 17th, 1977. Upon examination of the recommendation, the Commissioner of Education found probable cause for filing a petition for the suspension of the Respondent's Florida Teacher's Certificate within the meaning of Section 231.28, Florida Statutes, and in accordance with Rule 6A-4.37, F.A.C. This determination was made on May 17th, 1977. On May 23rd, 1977, a petition for the suspension of the Respondent's Florida Teacher's Certificate was filed. The Respondent has filed his answer to the petition and has opposed the entry of an order of suspension. The case has been forwarded to the Division of Administrative Hearings for consideration by correspondence from the Petitioner dated July 14th, 1977. On January 7th, 1976, Respondent, Charles D. Reynolds a/k/a Chuck Daniel Reynolds was involved in an automobile accident in the parking lot of his residence at the Arrowhead Apartments located in Jacksonville, Florida. Officers of the Jacksonville Sheriff's Office investigated the case and in the course of the investigation asked to enter Respondent's apartment to obtain his driver's license. Reynolds was opposed to them entering his apartment, but they did go in. Reynolds went to the bedroom and obtained the license and came back into the living room area. At that point he became angry with the officers and took a swing in the general direction of a Sergeant Branch. The other officers subdued Reynolds and handcuffed him. He was subsequently taken to the hospital for treatment of wounds received in the scuffle. In addition to the events described, Reynolds also made verbal threats against the witnesses to the accident, to the effect that he would get even with them. During the course of this entire exchange, Reynolds appeared intoxicated as evidenced in slurred speech, erratic actions, excitability and a strong odor of the substance alcohol. He continued to be belligerent and kicked the side of the police car while being transported. It should be indicated that the Respondent did not carry out any of the verbal threats that he made. As a result of the incident, the Respondent was charged with DWI, aggravated assault, and resisting arrest without violence. The charge of DWI was reduced to driving with an unauthorized blood alcohol level and a guilty plea was entered for which he was fined in the amount of $200.00. The aggravated assault charge was nol prossed. The further provision of his sentence was that he attend the DWI school. The particulars of this case may be found in the Petitioner's composite exhibit 1 admitted into evidence, which describes the pleas and the judgment and sentence. The Respondent was fined in the amount of $250.00 for his plea of guilty to resisting arrest without violence. The second incident for which Respondent is charged in the Petition for Suspension, pertains to events on December 25th, 1976. On that date officers of the Jacksonville Sheriff's Office were traveling east on 103rd Street, in Jacksonville, Florida. Reynolds was going west, driving with his bright lights on and straying into the oncoming lane in which the officers were driving. The time was approximately 1:30-2:00 a.m. The officers turned around and pursued Reynolds, who at one point in the pursuit pulled off the road to avoid the officers. The officers finally caught Reynolds on Interstate 295 in Duval County, Florida. After making the stop, they removed Reynolds from the car and noted that he had a strong odor of alcohol about his person, and was staggering around. One officer administered so-called field sobriety tests , specifically the finger to nose and balance test. In the finger to nose test the individual tries to place an index finger on his nose while standing in a certain posture. Reynolds was unable to do this and was also unable to stand on one foot in attempting the balance test. The officers felt that Reynolds was driving while under the influence of alcohol; however, being Christmas Day they intended to give Reynolds the opportunity to have someone come and pick him up and drive his car home, and waive charges. When this was explained to Reynolds, Reynolds replied that he wanted to get back in his car, for purposes of driving away. The officers prohibited him from getting in the car, at which point a struggle ensued between the officers and Reynolds for a period of minutes. Most of the struggle was in the traffic lanes of Interstate 295. In the end, Reynolds was charged with DWI, a couple of traffic violations and resisting arrest with violence. After the struggle Reynolds indicated that the officers were going to be sorry for, "screwing with me." He was taken to the Duval County, Florida Jail and booked for the offenses and given a breathalizer examination which showed his reading to be .27 percent blood alcohol level. This reading nay be found in Petitioner's Exhibit 3 admitted into evidence. He entered a plea of guilty to the lesser included offense under resisting arrest with violence, to wit assault on a law enforcement officer. The Court withheld the adjudication of guilt and placed the Respondent on probation for a period of one year on the condition that he spend weekends in jail for a period of three (3) months, beginning on June 11th, 1977, and pay $10.00 per month for cost of supervision. This plea was subsequently withdrawn and the Court allowed a plea of nolo contendere to be entered in lieu of the guilty plea. The Court also allowed a motion to mitigate the sentence, which motion was filed prior to the imposition of the petition for suspension made by the Petitioner in this cause. The Court's Order Granting the Motion to Mitigate was entered subsequent to the Petition for Suspension made by the Petitioner. The probation terms were modified by memorandum of June 9th, 1977, from the Court, deleting the provision to spend weekends in jail. Subsequently, the Respondent was required to spend time working in a program known as the Jacksonville Probation and Restitution Center, working with young offenders. (The Director of that program testified in the hearing and indicated that Mr. Reynolds did an admirable job of assisting in the program.) For the violations alleged on January 6th, 1976 and December 25th, 1976, the Petitioner has charged Respondent with violations of Section 231.09 and .28, F.S. The two incidents will be discussed chronologically in considering whether the Petitioner has proven the violations or not. The first factual incident discussed pertains to the events of January 7th, 1976. In reviewing the events that led to the arrest and charges previously discussed and the subsequent disposition of those charges in terms of a possible substitute violation of Section 231.09, F.S., the only provision of that section which would seen to have any application would be Section 231.09(2) F.S. No other sub-paragraphs of Section 231.09, F.S. seem to have application under the evidential facts established. The subsection that does have application, i.e., Section 231.09(2), F.S. reads as follows: "EXAMPLES FOR PUPILS -- Labor faithfully and earnestly for the advancement of the pupils in their studies, deportment and morals, and embrace every opportunity to inculcate, by precept and example, the principles of truth, honesty and pat- riotism and the practice of every Christian virtue." This provision of the chapter has been considered in the case of Meltzer vs. Board of Public Instruction of Orange County, Florida, etc., et al., 548 F.2d 559 (5th Circuit Court of Appeals), in that opinion the Court held Section 231.09(2), F.S., to be unconstitutional. However, on petition for rehearing and petition for rehearing en banc, reported at 553 F.2d 1008, The United States Fifth Circuit Court of Appeals, granted rehearing with the right for oral agreement and the opportunity to submit supplemental briefs, with the date of the oral agreement to be announced in the future. The rehearing has not been held at the time of this recommended order, to the knowledge of the undersigned. Consequently, the undersigned will report whether the evidential facts as demonstrated established a violation under the language of Section 231.09(2), F.S., with a caveat that this section may not withstand the final order of the Court in Meltzer, supra. Should Section 231.09(2), F.S. be upheld, the acts of being arrested and pleading guilty to driving with an unlawful blood alcohol level and resisting or opposing a police officer without violence constitute violations of Section 231.09(2), F.S., both in terms of the entry of the plea in those two counts and in terms of the underlying evidential facts which led to the plea of guilty. These facts establish that the Respondent failed to labor faithfully and honestly for the advancement of the pupils in their department and morals, in accordance with Section 231.09(2), F.S., assuming this latter section of the law to be constitutional. Again, the evidential facts spoken of are those established in the events reported in the hearing pertaining to the incident of January 7th, 1976, in which Respondent was driving with an unlawful blood alcohol level and resisted the police without violence. In connection with the events of January 7th, 1976, there is a further allegation of a violation of Section 231.28, F.S. In pertinent part, Section 231.28(1), F.S., states that the license can be suspended in accordance with the following language: * * * "(1) It can be shown that such person obtained the teaching certificate by fraudulent means, or has proved to be incompetent to teach or to perform his duties as an employee of the public school system, or to teach in or to operate a private school, or has been guilty of gross immorality or an act involving moral turpitude, or has had his certificate revoked in another state, or has been convicted of a mis- demeanor, felony, or any other criminal charge, other than a minor traffic vio- lation , or upon investigation has been found guilty of personal conduct which seriously reduces his effectiveness as an employee of the school board, or has otherwise violated the provisions of the law, the penalty for which is the revocation of the teaching certificate, or has refused to comply with the re- gulations of the State Board of Education or the school board in the district in which he is employed." In reviewing the language of that section in comparison to the facts established in the events of January 7th, 1976, it is established that Respondent is guilty of a violation of that section because he has plead guilty to driving with an unauthorized blood alcohol level and resisting arrest without violence, which are misdemeanors or other criminal charges, other than minor traffic violations. This activity was also an act involving moral turpitude. No other violations of this section were shown as a result of the matters of January 7th, 1976. Turning to a consideration of the factual matters established in this hearing as it pertains to December 25th, 1976, and in view of the discussion of Section 231.09(2), F.S., pertaining to January 7th, 1976, a violation has been shown. The events of December 25th, 1976, are likewise subject to the caveat pertaining to the case of Meltzer, supra. The events of the arrest and subsequent pleas in Court after the factual events of December 25th, 1976, have shown the Respondent has failed to labor faithfully and honestly to the advancement of pupils and their deportment and morals, by his condition while driving and by his resistance to the authorities who were trying to enforce the laws of the State of Florida. No other violations of Section 231.09, F.S., were shown for the December 25th, 1976 incident. The events of December 25th, 1976, show a violation of Section 231.28(1), F.S., in that the act of the Respondent's driving and resistance to the authorities who were enforcing the laws of the State of Florida were acts involving moral turpitude. Also by the entry of the plea of nolo contendere which the Court accepted in lieu of the guilty plea, the Respondent has been convicted of a misdemeanor other than a minor traffic violation. No other violations of Section 231.28, F.S. were shown for the events of December 25th, 1976. By the guilty plea entered to the offenses of driving with an unlawful blood alcohol level and resistance without violence in the charges of January 7th, 1976, and the nolo contendere plea to the offense of assault on a law enforcement for the events of December 25th, 1976, the Petitioner has made a prima facie proof of grounds for revocation of the Respondent's teaching certificate, as set forth in Section 231.28(3), F.S. These prima facie grounds have not been refuted by the Respondent.
Recommendation In the course of the hearing, certain witnesses testified as to the Respondent's good character and teaching proficiency. These witnesses were various members of the community and members of the staff of the school in which the Respondent teaches and pupils of the Respondent. Although these witnesses were not aware of the events involved in the incidents of January 7th, 1976, and December 25th, 1976, they were nonetheless impressed with Respondent's abilities as a teacher. In considering their testimony and the testimony offered which established the alleged violations, it is
The Issue Should discipline be imposed against Respondent's license as a limited surety agent for violation of Section 648.45(2)(a) (e), and (k), Florida Statutes (2006)?
Findings Of Fact On January 6, 2003, DFS issued Respondent a series 2-34 limited surety agent (bail bond) license. That license remains valid. On May 3, 2006, in State of Florida vs. Vincent Lamone Addison, in the Circuit Court, 14th Judicial Circuit of the State of Florida, in and for Gulf County, Case No. 06-0107CF, Respondent was charged by information with: Count I, Possession with intent to sell/deliver within 1000 feet of place of worship or convenience business; Count II, Possession of marijuana in excess of 20 grams, offenses contrary to Section 893.13, Florida Statutes (2005), third degree felonies. In the same information, in Count III, it was charged that he did obstruct (an) officer without violence, a violation of Section 843.02, Florida Statutes (2005), a first degree misdemeanor. On December 18, 2006, the assistant state attorney in Circuit Court Case No. 06-107CF, filed a Motion to Consolidate, asking that the Court enter an order consolidating the count for possession of a controlled substance with intent to deliver, with the count related to possession of more than 20 grams of marijuana. On December 19, 2006, in Circuit Court Case No. 06- 107CF, a Plea, Waiver and Consent was signed by Respondent as defendant in that case, attested by his counsel and the assistant state attorney, and found by the Circuit Court Judge to be a plea freely and voluntarily made and sworn to and subscribed before the court and approved and accepted by the court related to possession of marijuana, a third degree felony with a statutory maximum imprisonment of five years. The plea was made upon the agreement that the adjudication be withheld, with service of three-years' probation, to terminate after 18 months if all conditions were complete and no violations of the probation had occurred. In addition, by order of the Circuit Court Judge, certain charges/costs/fees were imposed in Circuit Court Case No. 06-107CF. When Respondent executed his Plea, Waiver and Consent in Circuit Court Case No. 06-107CF, it reflected that the charge of "Obstruct officer without violence" had been stricken by line and initials provided, by what appears to be the defense counsel and the assistant state attorney in the case. In Circuit Court Case No. 06-107CF, as reflected in an order by the Circuit Court Judge referring to those proceedings, entered December 19, 2006, upon his appearance before the Court with representation, it indicates a plea of nolo contendere was entered. It pertained to Count I. On the form order, it refers to "Sales/Del/Poss/cannis-w/in-100Ft. Church 893.13(1)(a) 3F." Under that reference is found "Poss. Marijuana in Excess 20 grs. 893.13(6)(a) 3F". The numbers refer to Section 893.13(1)(a) and (6)(a), Florida Statutes (2005), and "3F" refers to third degree felony. In this order it was reflected that the adjudication of guilt was withheld, and that the defendant received three-years' probation, to terminate after 18 months upon satisfaction of conditions of probation. The court order refers to fees required by the court to satisfy its terms for accepting the plea. On December 21, 2006, in Circuit Court Case No. 06- 107CF, the Circuit Court Judge entered an Order Withholding Adjudication of Guilt and Placing Defendant on probation. In this order it reflects entry of a plea of nolo contendere to the offense of "Possession of more than 20 grams, 3rd-Degree Felony," for which the Respondent received three years of probation. Other conditions of the probation were reflected in this order, to include the costs and fees imposed by the Court. On January 12, 2007, precisely the same order was entered by the Circuit Court Judge. In addition to the nolo contendere plea in Circuit Court Case No. 06-107CF, Respondent in his testimony at hearing in the present case, acknowledged that the drug offense took place in Port St. Joe, Florida. He was arrested on April 21, 2006. Respondent did not contest the charges because marijuana was found on the console of his car and some was in his front pocket. Respondent's understanding of his nolo contendere plea was that it was to possession of marijuana exceeding 20 grams. The amount was somewhere in the range of 118 to 120 grams. In the present case, Respondent through his testimony, explained that he had been diagnosed with lupus and that he smoked marijuana to help his body function while confronting his disease. Respondent is aware that possession of marijuana in Florida is illegal, even if intended for the purpose he had in mind to provide him relief from the pain of lupus. Respondent is not acting in the capacity of a bail bond agent at this time. That loss of income has had significant impact on his earning capacity. Mr. Tynalin Smiley, who resides in Port St. Joe where the Respondent lives, has known the Respondent from the time Respondent was born. They are good friends. Mr. Smiley belongs to the same church as Respondent. He visits in Respondent's home at times. He believes that Respondent is a respectable person in the community. Mr. Robert Humphrey, who resides in Dothan, Alabama, met Respondent in 1996 when Respondent did an internship from Troy State University. Mr. Humphrey and Respondent worked in the area of juvenile justice, going into schools and providing counseling to students. Over the years Mr. Humphrey has kept in contact with Respondent. Occasionally Mr. Humphrey and Respondent are together socially. They go out to dinner. Respondent has attended Mr. Humphrey's church. Mr. Humphrey looks upon himself as being a big brother to Respondent. Mr. Humphrey has observed that Respondent remains active in the Respondent's community. Mr. Humphrey believes that Respondent regrets his choice that led to the action against him, that involving the marijuana possession that has been discussed.
Recommendation Upon consideration of the facts found and the conclusions of law reached, it is RECOMMENDED: That a final order be entered Respondent in violation of Section 648.45(2)(a), (e) and (k), Florida Statutes (2006) and revoking Respondent's limited surety agent (bail bond) license. DONE AND ENTERED this 27th day of July, 2007, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of July, 2007. COPIES FURNISHED: William Gautier Kitchen, Esquire Gregg Marr, Esquire Department of Financial Services Division of Legal Services 200 East Gaines Street Tallahassee, Florida 32399-0333 Vincent Lamone Addition Post Office Box 483 Port St. Joe, Florida 32457 Honorable Alex Sink Chief Financial Officer Department of Financial Services The Capitol, Level 11 Tallahassee, Florida 32399-0300 Daniel Sumner, General Counsel Department of Financial Services The capitol, Level 11 Tallahassee, Florida 32399-0307
Findings Of Fact Petitioner is Ronald Charles Brown. By application dated September 16, 1987, he sought licensure as a real estate salesman. Question number six of the application completed by Petitioner requires a "yes" or "no" answer to the question: "Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest) , even if adjudication was withheld? Petitioner responded in the affirmative to question number six and disclosed that he was convicted in juvenile court of the offense of grand theft in Marion County, Florida in 1978; that he was charged with the offense of trespassing in 1982, which charge was subsequently dropped; and that he was charged with sale and possession of cocaine in Marion County in 1985. The court withheld adjudication of Petitioner's guilt of the drug sale and possession charge and placed him on probation for five years. By letter dated March 7, 1988, counsel for Respondent informed Petitioner of Respondent's intent to deny licensure to Petitioner on the basis of the 1978 grand theft conviction; a 1978 arrest and conviction for "hit and run" in Marion County; a 1978 arrest and conviction for contributing to the delinquency of a minor; and the 1985 cocaine sale and possession charge. In February of 1978, Petitioner was 17 years of age when, intoxicated by alcohol and drugs, he fell through a skylight into a jewelry store. He suffered minor cuts in the fall and remained lying on the floor at the scene until police, responding to a security alarm, arrived and took him into their custody. Petitioner was subsequently required to make restitution to the store for damages resulting from the incident in a Marion County, Florida, juvenile court proceeding. Petitioner reached his 18th birthday in May of 1978. He testified that in July of that year, he angrily backed out of the driveway of the residence of parents of a girl friend. In the process, he knocked over the parents' mailbox with the automobile he was driving. He went to his parents' home, obtained another mailbox and returned to install it at the residence of the girl friend's parents. Upon his arrival, he was met by law enforcement officials and arrested for "hit and run." A subsequent check by the officials disclosed his driver's license was invalid. The 16 year old girl friend, on a date undisclosed by the record but in close proximity to the mailbox incident, ran away from home to meet Petitioner at his parent's lake house in Marion County. Petitioner and she met there in the early evening. Her parents and law enforcement officials arrived that night. Petitioner was arrested and subsequently convicted of the offense of contributing to the delinquency of a minor. In 1985, Petitioner was arrested for sale and possession of cocaine. While the evidence fails to disclose Petitioner's plea to these charges, adjudication of guilt was withheld and Petitioner was placed on probation by the court. That probation was terminated July 19, 1988, by court order. At present, Petitioner is married. He and his wife have a small baby. He has been employed by a small chain of appliance stores for almost two years and now manages one of the stores. At the store managed by Petitioner, he exercises total control. He possesses the store keys, opens and closes the facility, oversees the inventory valued at approximately $300,000 and controls daily cash of approximately $5,000. He reports to a supervisor several miles away each morning to take and drive the delivery truck, loaded with products, to the store to which he Is assigned. Several informal inventories and one formal inventory have been performed at the store during the one year Petitioner has managed it and no losses have been noted. Petitioner denied he had ever sold cocaine; instead he insisted that his role was limited solely to that of being a delivery boy for other drug salespersons. He stated he has undertaken no specific drug rehabilitation program other than to discontinue involvement with controlled substances. In addition to his own testimony acknowledging and explaining his criminal record, he presented testimony regarding his character. Character witnesses consisted of Petitioner's mother and two other individuals. Both individuals testified they had known Petitioner only since February of 1986 or some point in time since the occurrence of his last criminal offense in 1985. Both individuals were impressed with Petitioner and indicated some knowledge, absence specific details, of his criminal background.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered denying Petitioner's application for licensure. DONE AND ENTERED this 18th day of January, 1989, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The Oakland Building 2900 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 18th day of January, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-1231 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. RESPONDENT'S PROPOSED FINDINGS 1.-8. Adopted in substance. COPIES FURNISHED: Ronald Charles Brown, pro se 9400 Monte Carlo Blvd. Fort Pierce, Florida 33451 Lawrence Gendzier, Esquire 400 West Robinson Street Room 212 Orlando, Florida 32801 Kenneth E. Easley, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750 Darlene F. Keller, Division Director Real Estate Legal Services 400 West Robinson Street Orlando, Florida 32801
Findings Of Fact Based upon Section 120.65(11), Florida Statutes, and Ms. Curry's failure to dispute the allegations of paragraph 4 of the Administrative Complaint (quoted above), that count will be treated as admitted.
Recommendation It is recommended that a final order be entered by the Education Practices Commission revoking the teaching certificate of Sherry Curry. RECOMMENDED this 3rd day of April, 1990, at Tallahassee, Florida. WILLIAM R. DORSEY, JR., 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 3rd day of April, 1990. COPIES FURNISHED: Karen B. Wilde, Executive Director Education Practices Commission 301 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Martin Schaap, Administrator Education Practices Commission 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Lane Burnett, Esquire 331 Union Street Jacksonville, Florida 32202 Sherry Curry 4260 Northwest 170 Street Carol City, Florida 33055 Sydney H. McKenzie, General Counsel Department of Education The Capitol, PL-08 Tallahassee, Florida 32399-0400
