The Issue The issue to be resolved in this proceeding concerns whether the Petitioner should be granted exemption from disqualification from licensure as a foster parent pursuant to Chapter 435, Florida Statutes.
Findings Of Fact The Petitioner seeks licensure for a position of special trust (foster home) from the Respondent agency, the Department of Children and Family Services. The background screening was performed pursuant to that application for licensure, in accordance with Chapter 435, Florida Statutes. A disqualifying offense was discovered. The Respondent is an agency of the state of Florida charged in pertinent part with regulating the entry into and the practice of providing foster care and care for children and the developmentally disabled. The Petitioner was involved in three criminal cases which were filed in Dade County, in the fall of 1984 from September through November. They were related to the same factual events and were consolidated. This resulted in the above referenced disposition on two counts of forgery and uttering a forged instrument, one count of petty theft and one of grand theft. The Petitioner was convicted on the grand theft count and adjudication was withheld on the other counts. His sentence was to restitution and a period of probation, which he served. Previously in 1981, the Petitioner was arrested on a charge involving theft and trafficking in stolen property in Pennsylvania. That case involved a situation where the Petitioner was an employee (either as a custodian or security guard) of the Franklin Mint. He had access to valuable property as a result of his employment and took some $21,841.00 worth of gold, silver, cash and jewelry from his employer. The theft was discovered and the Petitioner was confronted with the fact of the missing property and readily admitted his guilt. He then fully cooperated with his employer and law enforcement authorities in recovery of the missing valuables, most of which were still in his possession. The Petitioner ultimately was convicted in 1981 in Pennsylvania for "theft by unlawful taking" and theft by receiving stolen property. Before he could be sentenced he left the jurisdiction. Thereafter he lived in the vicinity of Monticello, Florida, and worked, married and began raising a family, with no further involvement with the criminal justice system. He remained at large, although living an exemplary life, until October 1993 when the Jefferson County Sheriff's Department discovered the existence of an outstanding warrant from Pennsylvania with regard to the Pennsylvania conviction. The Petitioner thereupon was arrested and returned to Pennsylvania for sentencing. The court of jurisdiction in Pennsylvania, on September 22, 1994, determined to nolle prosequi all the charges except that of theft by unlawful taking. He was sentenced to twelve months of non- reporting probation. The court took into account the circumstances involved in his prior arrest, the conviction and the reasons he had been beyond the jurisdiction of the Pennsylvania court for approximately twelve years. The circumstances underlying these offenses and the Petitioner's flight from the Pennsylvania jurisdiction, before sentencing in that state, are that at the time the crimes in both Pennsylvania and Florida were committed the Petitioner had a serious problem with abuse of alcohol and illicit drugs. He fully admits that and testified unequivocally that since that time he has conducted himself as an exemplary family man, raising his sons with his wife. He has learned a serious, positive lesson from his experience with illegal conduct. He has used his experience as a positive tool in the profession he has chosen, that is, counseling troubled youths and the developmentally disabled. His testimony as to the exemplary manner he has carried out his personal life and family life, as well as his work life in working with troubled youths and the developmentally disabled since 1984, is born out by the testimonial letters stipulated into evidence. The testimonials are all very supportive of his version of the circumstances of his life in the fourteen years since his altercations with the legal system. Although his violations of law are serious ones, it is equally clear that they were committed at a time when he was a much different person. He then was almost constantly under the influence of alcohol and/or illicit drugs, according to his own testimony. He has, ever since returning to Florida, assiduously avoided the use of alcohol or illicit drugs according to his testimony and his corroborative evidence bears that out. He has evidently dedicated his professional life to working with the disabled and underprivileged and emotionally disturbed youth ever since his own involvement with the criminal justice system. He has used that experience as a positive force and example in his counseling profession and duties. It is apparent from his un- contradicted testimony and the corroborative evidence that he submitted that he has indeed turned a dark period in his life into a positive force in working for the good of others. His own successful family life helps to corroborate this. Further, in 1990, the Petitioner passed an employment screening procedure performed by the Department of Heath and Rehabilitative Services, the Respondent's predecessor agency. He was thus approved at that time to work with children and developmentally disabled persons. He worked with children and the developmentally disabled for a number of years, performing in an exemplary manner. It was only a 1995 change in the law which disqualified him due to the 1984 Dade County grand theft conviction (for which he had only been sentenced to 22 months probation). The totality of the circumstances involving the Petitioner's criminal violations and the way he has conducted his life ever since then shows, when considered together, that he has rehabilitated himself from the affliction of his moral character represented by the 1981 and 1984 violations. Although those crimes were of a serious nature, including his flight to avoid sentencing and resultant failure to atone for his Pennsylvania crime for a period of approximately 12 years, those criminal situations in which he was involved do not have in their inherent nature an element which would show that the Petitioner is irretrievably disqualified from being an honest, wholesome and otherwise appropriate foster parent. This belief on the part of the undersigned is corroborated by the exemplary manner in which the Petitioner has conducted both his public and his private family life every since 1984 when he was last involved in legal difficulties. The crimes he committed, were not of such a nature that the inherent risks that circumstance would pose to his employment in a position of special trust could be said to out- weigh the benefits which would be gained by having one of his professional experience and commitment to that vocation be able to continue in such employment and practice. He thus must be found, based on his own peculiar circumstances, to have rehabilitated himself from the onus of those crimes and, pursuant to Section 409.175, Florida Statutes, must be found to be a person of "good moral character". The totality of the evidence and circumstances of this case indicate that the Petitioner will not pose a danger to the children or developmentally disabled persons with whom he comes in contact with if he continues his employment in that profession.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record and the candor and demeanor of the witness it is, therefore, RECOMMENDED: That a Final Order be entered by the Department of Children and Family Services, granting the Petitioner's request for an exemption from disqualification pursuant to Chapter 435, Florida Statutes. DONE AND ENTERED this 4th day of February, 1999, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF 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 Filed with the Clerk of the Division of Administrative Hearings this 4th day of February, 1999. COPIES FURNISHED: Howard Mitchell Route 2, Box 88-C Monticello, Florida 32344 Steven Wallace, Esquire Department of Children and Family Services Suite 252-A 2639 North Monroe Street Tallahassee, Florida 32399-2949 Gregory Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 John Slye, General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
Findings Of Fact By application dated April 29, 1988, Petitioner applied to Respondent for a Florida real estate salesman's license. Petitioner disclosed on the application, in response to question six, that he had been convicted of second degree murder in the killing of his wife on October 10, 1969, during a domestic dispute. He was sentenced to 15-20 years and paroled after seven years in December, 1977. He successfully completed his parole on January 16, 1980. Petitioner also disclosed on his application that he was arrested for the solicitation of a prostitute on November 18, 1987, in Daytona Beach. By a Pre-Trial Intervention Agreement entered into by Petitioner and the State Attorney's Office, the parties agreed that the case would be dropped if Petitioner did not violate any other criminal laws for the next six months expiring on September 10, 1988. Petitioner has not violated the provisions of the Pre-Trial Intervention Agreement and, presumably, the solicitation case has been dropped. Petitioner was also arrested and convicted of either driving under the influence or disorderly conduct in Michigan. This conviction, which resulted in a $50 fine, was not disclosed on the application.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered denying Petitioner's application for a real estate salesman's license. DONE and RECOMMENDED this 5th day of December, 1988, in Tallahassee, Florida. ROBERT E. MEALE 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 5th day of December, 1988. COPIES FURNISHED: Gifford Lorimer Crippen 4018 North Harbor City Boulevard Melbourne, Florida 32935 Manuel E. Oliver, Esquire Assistant Attorney General Suite 212, 400 West Robinson Street Orlando, Florida 32801 Darlene F. Keller Division Director 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Bruce D. Lamb, Esquire General Counsel Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32399-0750
The Issue Petitioner has requested an exemption from her disqualification from certain employment on account of her prior criminal record. The issue for disposition here is whether the Department of Children and Family Services (DCFS) should grant that exemption.
Findings Of Fact Jackie Cameron is 36 years old and lives in Orlando with her two daughters. Another child, a son, is living with his father, to whom Ms. Cameron is no longer married. In 1995, when she was living in New York, Ms. Cameron pled guilty and was convicted of a misdemeanor: endangering the welfare of a minor. She was sentenced to 3 years' probation and has successfully served that probation. Ms. Cameron had a difficult childhood and early adulthood. She was abused as a child and spent time in foster and group homes. She pled guilty to the offense as charged because she did not want to take the chance of being sent to jail and having her children placed in foster homes. The incident for which Ms. Cameron was convicted occurred on a day when she had several children visiting and playing with her children. She noticed that her 5 year old daughter and a boy, also 5 years old, were missing. She went upstairs and found the two children in the bedroom pulling up their underpants. The boy had a reputation for improper sexual activity. Ms. Cameron spanked both children on their hands with a cloth belt that had a leather tip and she instructed her older daughter to take the boy back to his home up the street. Concerned about the boy's behavior, Ms. Cameron called Child Protective Services to report him. Although Ms. Cameron and the boy's family had been close friends and neighbors, the relationship turned ugly. The boy's family insisted that Ms. Cameron had abused the boy and left bruises on his back. In fact, according to Ms. Cameron, the child had been spanked that morning by someone else. Still, she pled guilty, as described above, to avoid the chance that her own children would be jeopardized. In her early youth and up until 1993, Ms. Cameron had several other criminal charges, including petit larceny, criminal possession of a forged instrument, and grand larceny and forgery. She has paid the penalties for those offenses by serving probation and making restitution. Ms. Cameron moved to Florida with her daughters to get away from the negative influences in her life. While in Florida, Ms. Cameron worked as a volunteer for DCFS for approximately 14 months as a WAGES (welfare-to-work program) clerk. She filed, copied documents, and handed out paperwork. According to her supervisor, Nancy Nightingale, she was a good, dependable worker. She was hired as a regular employee in January 1999, and was terminated in March 1999, when her background screening revealed the 1995 misdemeanor offense from New York. Since her termination from DCFS Ms. Cameron has worked steadily in the children's department at Burdines Department Store. She is proud of her daughters and they are doing well; the oldest has a 3.0 grade average in school. Ms. Cameron acknowledges her wrongdoing in the past and credits good people like Nancy Nightingale with helping her learn from her mistakes and to "grow up." She understands what she needs to do to stay out of trouble; she has learned to be independent and works hard. She wants to be a positive example for her children and, foremost, she wants to maintain a home for her children and to remain a good and loving mother to them. By her uncontroverted and credible evidence, Ms. Cameron has demonstrated that she will not present a danger if continued employment is allowed.
Recommendation Based on the foregoing, it is RECOMMENDED: That the agency issue its final order granting Petitioner's request for exemption. DONE AND ENTERED this 8th day of November, 1999, in Tallahassee, Leon County, Florida. MARY 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 8th day of November, 1999. COPIES FURNISHED: Jackie Cameron 4615-8 Nikki Court, Apartment 8 Orlando, Florida 32822 Carmen M. Sierra, Esquire Department of Children and Family Services 400 West Robinson Street Orlando, Florida 32801 Samuel C. Chavers, Acting Agency Clerk Department of Children and Family Services Building 2, Room 204B 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
The Issue The issue for consideration in this case is whether Respondent's certificate as an educator in Florida should be disciplined because of the matters alleged in the Administrative Complaint filed herein.
Findings Of Fact At all times pertinent to the issues herein, the Petitioner, Commissioner of Education, was the state official in Florida responsible for the certification of educators and the regulation of the teaching profession in Florida. Respondent was certified as an educator in this state by the Petitioner, and held Florida Educator's Certificate 554449, valid through June 30, 1995, and covering the area of elementary education. Crystal S. Bush, Respondent's wife, met the Respondent when he was her cross-country coach while she was a sixth grade student at Suncoast Middle School. He became her teacher for English and social studies the following year when she was a seventh grade student at that school. She married him in February 1993, when she turned sixteen years old, while she was in the ninth grade. Respondent and his wife had one child, a boy, in February 1994, and separated in the Spring of 1995 because, she claimed, he became very controlling and verbally abusive. Because she did not have any money, and needed funds on which to live, Mrs. Bush withdrew $400.00 from their joint bank account. With their child, she moved back with her parents, occupying the garage apartment on their property about three and a half miles from where she had lived with Respondent. Mrs. Bush insists that Respondent knew she was leaving, but she did not know if he knew where she was going. She believes he did, however, because he knew she had no place else to go. A day or two after the separation, Respondent came to the apartment where Mrs. Bush and the baby were staying. They were taking a nap at the time. He claims he went to the parents’ house first and was told his wife was in the garage apartment and he should "go on in,” which he did. Respondent entered the apartment and went into the bedroom where Mrs. Bush and the baby were sleeping. According to Mrs. Bush, she was awakened by Respondent's yelling that he wanted his mail-box key and the money she had taken from their joint account. Mrs. Bush contends that though she had her own checking account before this, he opened up the joint account with her as a gift, and it was into this joint account that their sizable tax refund check had been deposited. She claims that they had agreed she was to get half of the refund, but Respondent later reneged on that agreement. Mrs. Bush gave him the mail-box key, but asked him to let her keep a part of the refund. She had stopped working as a club dancer and had no money. Respondent refused. Because of his attitude, she declined to return any of the money she had withdrawn. Because Respondent's yelling was scaring the baby, and Mrs. Bush tried to terminate the conversation, but Respondent would neither be quiet nor let her leave. She tried to ignore him, but, she contends, he picked up an incense box and threatened to kill her with it. Respondent also demanded that she give him the baby. He claims he had had care of the child 5-to-6 nights a week while his wife was working, but when she left, she refused to let him have the child any more. Mrs. Bush contends that when she refused to give up the child, Respondent pushed her to the floor, pulled her hair and hit her on the lip, splitting it. She cannot say whether he hit her with his open hand or his fist, but there is no doubt her lip was split. The injury was observed by Mr. Gregory, a domestic violence investigator with the county, when he interviewed her a few days later. Mrs. Bush also claims that during the course of the fight over the baby, Respondent threatened to break the baby's arm if he had to in order to get the child. Respondent denies this, and there is no evidence that any such injury was inflicted on the child. However, that Mrs. Bush finally gave up the child and the Respondent left the premises. Immediately after Respondent's departure, Mrs. Bush called the police who responded within fifteen minutes. When they arrived, she told them that Respondent had hit her and the child, and she repeated that allegation to the court when she subsequently sought an injunction against him. She also advised an investigator for the Department of Education that Respondent had hit her and had returned the child to her scratched and bruised. This report was also made to child protection investigators with the Department of Health and Rehabilitative Services some weeks later. No evidence was introduced to confirm her allegations of injury to the child, however. Later the day of the incident, Respondent was arrested on a charge of domestic violence, and the child was returned to Mrs. Bush. While the police were at her house, they suggested she sign a document seeking a restraining order against Respondent, which she did. Respondent and his wife talked by telephone several times after his arrest. As a result of these discussions, she put up the funds required to get him released from jail on bond the following morning. Several days after the incident, because she was experiencing pain in the neck, Mrs. Bush saw her doctor. At that visit, no medical attention was required for the injury to her lip. She did not feel it necessary to take the child to the doctor because though, she claims, he had been struck by the Respondent, he did not seem to be injured. In the interim between Respondent's arrest and his subsequent court appearance at which his plea of nolo contendere was entered, Mrs. Bush obtained an order granting a temporary injunction against the Respondent to prevent him from committing any violence against her. This was followed by an amended order which made the injunction permanent. Mr. Gregory, the court's domestic violence and family law investigator, received the same story from Mrs. Bush that she had told to the police, and conducted his own investigation. Gregory claims to have spoken with Respondent during several mediation meetings. On each interview, save one, Respondent had an attorney present. Mr. Gregory contends that Respondent admitted there had been a physical altercation between him and his wife, but that the hitting of Mrs. Bush was an accident which occurred while he was trying to take the child from her arms. Gregory also states that Respondent admitted striking Mrs. Bush in the mouth, pushing her to the floor, pulling her hair, and threatening to take the child away from her. At hearing, Respondent again claimed he was acting in self-defense to his wife’s striking out at him and grabbing him by the genitals. In light of the fact that this defense was not raised to anyone prior to hearing, however, it is rejected. Based on his investigation into the incident, Mr. Gregory recommended that the State Attorney proceed with prosecution of the criminal charges which had been filed against the Respondent. Thereafter, on February 27, 1996, Respondent pleaded nolo contendere in circuit court to a charge of domestic violence. The court withheld adjudication but sentenced the Respondent to one-year probation, a fine of $150.00, required him to attend counseling, and directed him to refrain from contact with Mrs. Bush. In the expert opinion of Marilyn L. Strong, the Director of Personnel Services for the Lee County Schools and an educator with almost a quarter century of administrative and supervisory background, the misconduct attributed to Respondent constitutes both gross immorality and moral turpitude as they are defined in the Florida Statutes and the rules of the Department of Education. However, Ms. Strong’s opinion is not supported by the facts in this case, and it is found that Respondent’s single striking of his wife does not here constitute either gross immorality or moral turpitude.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Commissioner of Education enter a Final Order dismissing the Administrative Complaint. DONE AND ENTERED this 16th day of October, 1997, in Tallahassee, Leon County, Florida. ARNOLD H. POLLOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6947 Filed with the Clerk of the Division of Administrative Hearings this 16th day of October, 1997. COPIES FURNISHED: J. David Holder, Esquire 14 South Ninth Street DeFuniak Springs, Florida 32433 Lawrence Bush, pro se 4840 East Riverside Drive Fort Myers, Florida 33905 Kathleen M. Richards Executive Director Education Practices Committee 224-E Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Program Director Professional Practices Services 352 Florida Education Center 325 West Gaines Street Tallahassee, Florida 32399-0400 Michael H. Olenick General Counsel Department of Education The Capitol, Pl-08 Tallahassee, Florida 32399-0400
The Issue The issue is whether petitioner's request for an exemption from disqualification from employment in a position of special trust should be granted.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: This case involves a request by petitioner, Derion Baker, for an exemption from disqualification from employment in a position of special trust. If the request is approved, petitioner intends to work with retarded children. Respondent, Department of Children and Family Services (DCFS), formerly known as the Department of Health and Rehabilitative Services (HRS), is the state agency charged with the responsibility of approving or denying such requests. In a preliminary decision entered on December 20, 1996, an HRS committee denied the request. As agreed upon by the parties, petitioner is now barred from working with retarded children because of two disqualifying offenses, the first of which occurred on May 13, 1988, or almost nine years ago. On that date, petitioner pled guilty to unlawful possession of a controlled substance, a felony of the third degree. Adjudication of guilt was withheld, and petitioner was placed on three years’ probation. All terms of probation were successfully completed. The foregoing conviction resulted from petitioner’s arrest in August 1987 for possession of one piece of crack cocaine with a street value of $10.00. According to petitioner, the cocaine actually belonged to her boyfriend, with whom she was living. The arrest report alleges that petitioner was arrested while attempting to sell the drug to a confidential informant. On April 23, 1993, petitioner was again arrested for physically battering her common law husband with a cooking pot during an altercation. He suffered a bruised head and scratches on his body. Petitioner, who was intoxicated at the time, was charged with domestic violence. On May 24, 1993, petitioner pled nolo contendere to the charge and was required to pay $125.00 in court costs and serve six months probation. In addition, she was required to attend “S.A.R. counseling - Family Counseling with Life Line.” She successfully completed her counseling sessions. On October 5, 1993, petitioner was arrested for disorderly conduct, a second degree misdemeanor. Petitioner acknowledges that she was intoxicated at the time. On November 1, 1993, she pled nolo contendere to the charge and received the following sentence: “$85-ccw/60 days or 15 days jail.” While disorderly conduct is not a disqualifying offense, it does bear on the issue of petitioner’s rehabilitation and good character. On April 19, 1995, petitioner was again arrested for domestic violence (aggravated child abuse) for striking her daughter with a belt as punishment for skipping school. On May 3, 1995, however, an announcement of no information was filed by the prosecutor. There is no record of any arrests in the last two years. Petitioner has been a certified nursing assistant (CNA) for almost ten years, and she has worked on and off in that field since at least 1989. Most recently, she was employed in a nursing home in Crescent City, Florida, where she was terminated on December 19, 1996, on account of her disqualification, and at a retirement home in Glenwood, Florida, where she was terminated on July 15, 1996, for the same reason. After learning that an exemption might be obtained from such disqualification, she filed this request. If it is approved, she intends to work with retarded children and has a pending job offer in that field. Petitioner’s problems with the law in 1987, 1993 and 1995 appear to stem from alcohol abuse and association with less than desirable companions. In an effort to provide a better environment for herself and her five children, petitioner has relocated from Deland to Pierson, a much smaller community, and she no longer drinks. This was not contradicted. Petitioner admits that she made serious “mistakes” in prior years and regrets her past misconduct. She contends that while working as a CNA, she has been a reliable and trustworthy employee. This was corroborated by letters from her two most recent employers. In fact, one of the employers intends to hire her if the exemption is approved. There is no evidence that she will be a threat to retarded children while working in that field. Neither is there a concern, as suggested at hearing by respondent, that she might drink alcohol in the presence of her clients. Given the four year lapse of time since petitioner’s last disqualifying offense, and her current sobriety and recent work record, it is found that petitioner is sufficiently rehabilitated since the disqualifying events, she is of good character, and she will not present a danger to the safety or well-being of her clients. The request should accordingly be granted.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Health and Rehabilitative Services enter a final order granting petitioner's request for an exemption from disqualification for employment in a position of special trust. DONE AND ENTERED this 13th day of March, 1997, in Tallahassee, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of March, 1997. COPIES FURNISHED: Gregory D. Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204X 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Richard E. Doran, Esquire Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Derion Baker Post Office Box 454 Pierson, Florida 32180 Daniel T. Medved, Esquire 210 North Palmetto Avenue, Suite 412 Daytona Beach, Florida 32114
The Issue Whether Respondent committed the offenses of malicious harassment, unlawful battery (two counts), and unlawful entry of a structure (two counts) as set forth in the Administrative Complaint dated October 17, 1997. Whether Respondent has failed to maintain good moral character, and, if so, what disciplinary action should be taken against his correctional officer's certification.
Findings Of Fact Christopher Horne (Respondent), was certified by the Criminal Justice Standards and Training Commission on September 29, 1989, as a correctional officer, and was issued Correctional Certificate Number 70581. Respondent was employed by the Orange County Sheriff's Office, Department of Corrections, as a correctional officer during the period of October 1, 1990, until his termination on November 14, 1997. Patricia Johnson is currently employed with the Orange County Sheriff's Department of Corrections as a correctional officer and has been employed as such for the past twelve years. She is certified by the Criminal Justice Standards and Training Commission as a correctional officer. Johnson first met Respondent in the summer of 1993 at work. They became friends and eventually began dating each other in a boyfriend-girlfriend relationship. This relationship continued for approximately two and a half years, until Johnson made the decision to end it. Johnson told Respondent on New Year's Eve 1995 that their relationship was over. Johnson began dating another man. When Respondent found out that she was dating someone else, he began calling her repeatedly at work and at home. Respondent continued to harass Johnson by calling her late at night and by driving repeatedly past her home at night. This behavior began in January 1996 and continued through August 1996. The Respondent used abusive language when speaking with Johnson. He threatened harm to her date, if he found her with someone. Johnson was afraid of Respondent and was afraid that he might harm her. On July 21, 1996, Respondent went to Johnson's home unannounced and knocked on her door. When Johnson opened the door and saw who it was, she told Respondent to leave. He did not; instead he pushed his way into her home, physically struggled with her, and eventually pushed her onto her bed. Respondent pinned her down with his knees and threatened her. Johnson repeatedly told him to leave her home. Respondent eventually left the house. Johnson reported Respondent's actions to the police. They documented the incident in a report. She told the police that she did not want to press charges against Respondent, but did want someone to talk to him about his actions. The police contacted Respondent and discussed the incident with him, but did not arrest him. On November 10, 1996, at approximately 3:30 a.m., Johnson received a phone call at her house from a person she believed to be her brother. The person told her that he had forgot his keys and asked to be let into the house. A short time later, there was a knock at the door. When Johnson opened the door, Respondent was standing there. He said, "Bitch let me in" and proceeded to push his way into her home. He then grabbed her hair and hit her head against the wall several times. He continued to pull her hair and push her up against the wall. She begged him to leave and told him to stop hitting her. She broke free and ran to her brother's room and started banging on the door. Her bother, Bobby Hunter, came out. Johnson told him that she wanted Respondent out of her house. Her brother asked Respondent to leave. Eventually, Respondent did leave without further physical confrontation. Johnson reported the incident to the police. After investigating the incident, the police completed a report and arrested the Respondent. Respondent was charged with burglary, battery, and aggravated stalking. Respondent pled in circuit court to the misdemeanor charge of trespass to an occupied dwelling and was placed on one- year probation. Respondent was suspended for 10 days from his employment with the Orange County Sheriff's Department of Corrections as a result of his actions involving Johnson. He was later terminated from his employment on November 14, 1997. Respondent is currently not employed as a correctional officer. Respondent's description of the events from January 1996 through August 1996 and on the night of November 10, 1996 is not credible. On December 11, 1992, the Criminal Justice Standards and Training Commission issued an official Letter of Guidance to the Respondent. This prior action by the Commission is an aggravating factor in this case.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission find Respondent guilty of failure to maintain good moral character, as required by Section 943.13(7), Florida Statutes, and it is further RECOMMENDED that Respondent's certification be revoked. DONE AND ENTERED this 15th day of June, 1999, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 June, 1999. COPIES FURNISHED: James D. Martin Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Warren Turner, Esquire 609 East Pine Street Orlando, Florida 32802 A. Leon Lowry, II, Program Director Division of Criminal Justice Professionalism Services Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue Whether the Petitioner is entitled to an exemption to work in a position of special trust.
Findings Of Fact Petitioner, Anthony Thomas, is an applicant for employment at a provider facility controlled by the Department of Juvenile Justice (the Department). As such, Petitioner must complete forms designated to reveal pertinent information regarding Petitioner's background. Part of the documentation required of Petitioner is an affidavit of good moral character. This form lists numerous offenses or acts which disqualify an applicant from employment in a position of special trust. On July 10, 1995, Petitioner completed an affidavit of good moral character and affirmed, under penalty of perjury, that he met the moral character requirements for employment but did not disclose that his record contained one or more of the disqualifying acts or offenses. In fact, Petitioner does have a history containing one or more such acts or offenses. In October, 1987, Petitioner was charged with handling and fondling a child under the age of sixteen years, a second degree felony. In January, 1988, Petitioner entered a plea of guilty to the charges and received a suspended sentence with probation and mandatory counseling. Subsequently, Petitioner violated the terms of his probation and was brought before the court for failure to complete counseling and to remit the fees outstanding for same. In 1994, Petitioner completed the counseling requirement, paid all outstanding fees, and was released from probation having successfully complied with the order of the court. A background search completed by the Department for the July 1995, application revealed the foregoing information. The Petitioner received an unfavorable and disqualifying rating in August of 1995 which he did not dispute. In October of 1996, Petitioner again applied for employment for a position of special trust for a provider facility controlled by the Department. On the affidavit of good moral character for this application Petitioner truthfully revealed that his record contained one or more of the disqualifying acts or offenses listed. Notwithstanding the truthful disclosure, Petitioner again received an unfavorable and disqualifying rating for this employment request. Upon receipt of this denial, Petitioner timely requested an exemption and filed a request for an administrative review of the decision denying same. Petitioner has been employed at the Hope Center for approximately six and one-half months. In order to qualify for this employment, Petitioner obtained an exemption from the Department of Children and Families to work in a position of special trust. Hope Center is a residential facility for adults many of whom have the mental age of a child. Petitioner assists the residents with daily living skills. Throughout his employment at Hope Center, Petitioner has exhibited exemplary conduct and has been entrusted with residents for field trips and apartment visits. Petitioner seeks employment at a Department facility because of his interest in working with youthful offenders and to improve his earning level. Petitioner has similar prior experience working at an academy in Maryland. He met Tadar Muhammad at the Maryland facility when they both served as youth counselors. As director of group living for the Florida facility with whom Petitioner now seeks employment, Mr. Muhammad opined that he would have to have more information before deciding whether or not to hire Petitioner to a position of special trust. While many of Petitioner's witnesses knew of his criminal background, none were aware of the specifics of the charges. In 1987, while still a teenager himself, Petitioner was employed as a youth counselor for a facility known in this record as "PAL." During this time, Petitioner, who was in a position of trust, engaged in sexual conduct with a minor female under sixteen years of age who attended activities at PAL. Petitioner denied having sexual relations with a second minor female. When Petitioner was arrested and charged, both females from the PAL facility were named as participants in the sexual acts with Petitioner. Although Petitioner pled guilty to the charges naming both females, he maintains he was sexually active with only one of the minors. The position now sought by Petitioner does not include minor females. Moreover, Petitioner would not be left with any minor unsupervised. Petitioner maintained he entered the plea because of fear of possible incarceration. Petitioner planned to attend college on an athletic scholarship which the criminal court permitted. Petitioner enjoys a good reputation among his coworkers and peers. Those who testified in his behalf maintain that the acts of his past do not reflect adversely on his current character.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Juvenile Justice enter a Final Order granting Petitioner an exemption to work at Everglades Academy with youthful male offenders. DONE AND ENTERED this 29th day of May, 1998, in Tallahassee, Leon County, Florida. J. D. Parrish 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 Filed with the Clerk of the Division of Administrative Hearings this 29th day of May, 1998. COPIES FURNISHED: Calvin Ross, Secretary Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100 Janet Ferris, General Counsel Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100 Lynne T. Winston, Esquire Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100 Anthony Thomas, pro se 5565 Northwest 185th Street Miami, Florida 33055
The Issue The issue is whether the Petitioner forfeited his retirement benefits due to criminal convictions.
Findings Of Fact According to the Petition for Hearing, the Petitioner was an educator employed with the Brevard County School Board and taught in a public elementary school when he was charged with lewdly molesting six minor female students during the 2000/2001 academic year by patting or touching them on their clothed buttocks or clothed breasts. The charges were filed in March 2001. The Petitioner denied the charges and stood trial by jury. In January 2005, the Petitioner was adjudicated guilty on three second-degree felony counts of lewd molestation and one first-degree felony count of lewd molestation in violation of section 800.04(5), Florida Statutes. The former investigator for the State Attorney’s Office that prosecuted the Petitioner testified at the final hearing in this case that the alleged victims made statements to him about the Petitioner’s crime and its relation to his employment as a teacher, and that he went to the school to document the setup of the Petitioner’s classroom. The investigator had no personal knowledge, and it was unclear from his testimony whether he received information about the Petitioner’s crime and its relation to his employment from anyone other than the alleged victims. The Petitioner was a member of the Florida Retirement System (FRS) at the time of the criminal charges against him and would have been entitled to retirement benefits if it were not for the criminal convictions.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent enter a final order: denying the Petition for Hearing; and holding that the Petitioner forfeited his retirement benefits, except for the return of any accumulated contributions, when he was convicted of felonies for lewd or lascivious molestation of minor female students at the school where he was employed. DONE AND ENTERED this 21st day of October, 2016, in Tallahassee, Leon County, Florida. S J. LAWRENCE JOHNSTON 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 21st day of October, 2016. COPIES FURNISHED: Thomas D. Sommerville, Esquire Law Offices of Thomas D. Sommerville, P.A. 820 North Thornton Avenue Orlando, Florida 32803 (eServed) Thomas E. Wright, Esquire Office of the General Counsel Department of Management Services Suite 160 4050 Esplanade Way Tallahassee, Florida 32399 (eServed) Elizabeth Stevens, Director Division of Retirement Department of Management Services Post Office Box 9000 Tallahassee, Florida 32315-9000 (eServed) J. Andrew Atkinson, General Counsel Office of the General Counsel Department of Management Services Suite 160 4050 Esplanade Way Tallahassee, Florida 32399-0950 (eServed)
The Issue Whether Petitioner is entitled to an exemption from disqualification.
Findings Of Fact Petitioner, Anthony Bellamy, is the husband of, and resides with, his wife, Helena Bellamy. Helena Bellamy applied to Respondent, Department of Children and Family Services, for registration of a family day care home in the couple's home in Lynn Haven, Florida. In order for the family day care to be registered with the Department, Mr. Bellamy must satisfy the screening requirements set forth in Chapter 435, Florida Statutes, because he is a member of Ms. Bellamy's family. In 1995, Mr. Bellamy was a full-time student in Chipola Community College in Marianna, Florida. Mr. Bellamy, who was born and raised in humble circumstances, met a group of individuals who seemed to have all they needed without having to work for it. Mr. Bellamy started associating with this group whose income, it turned out, was derived from the sale of illegal drugs. Mr. Bellamy, envious of the monied lifestyle of his newfound associates, adopted their ways and started selling marijuana and cocaine to his friends. Mr. Bellamy's favorite place of business was a stand of trees on his father's property, which is, coincidentally, near a public school in Cottondale, Florida. However, Mr. Bellamy did not sell drugs to any of the school children. Mr. Bellamy usually timed his sales to coincide with the paydays of his customers so as to enhance his sales. This usually occurred two or three times per month. Mr. Bellamy did not use drugs himself. On January 11, 16, and 25, and March 6 of 1996, an undercover police officer made purchases of cocaine from Mr. Bellamy. On the occasion of his arrest on March 6, 1996, 55 packets of marijuana and approximately 83 pieces of crack cocaine were found with Mr. Bellamy. Mr. Bellamy pled nolo contendere to four counts of sale of cocaine within 1,000 feet of a school, one count each of possession of cocaine with intent to sell within 1,000 feet of a school, and possession of cannabis with intent to sell within 1,000 feet of a school. Mr. Bellamy was adjudicated guilty of these offenses and sentenced to 22 months of jail time and 10 years of probation. Mr. Bellamy is still on probation for these offenses. He anticipates that he will remain on probation until 2005 or 2006. Although Mr. Bellamy has not re-offended, he concedes that the fear of re-incarceration if he violates his probation is one factor in his recent good behavior. However, his main reasons for no longer selling drugs is that his incarceration taught him a lesson and that he did not wish to be that type of person or live that type of life, especially since he has married and had children. Incarceration, for Mr. Bellamy, was an epiphany, not to be repeated again. During his incarceration, Mr. Bellamy was placed on trustee status and permitted to attend Chipola Community College. He completed his degree in electrical engineering and holds a state license for professional engineering. Importantly, Mr. Bellamy passed the character evaluation to become a licensed professional engineer. After getting out of prison, Mr. Bellamy worked for Southern Bell as an electrical engineer. Southern Bell had full knowledge of Mr. Bellamy's criminal history when it employed him. He was and is considered a diligent and productive employee. Mr. Bellamy now has formed his own company and performs electrical engineering services on a contract basis for Southern Bell. Mr. Bellamy also works part-time at Tropical Smoothie. He is entrusted to handle the money from that business. In 1999, Mr. Bellamy married his wife. They now have three children and he is very much a family man who wants to do right by that family. He has the determination and enthusiasm to succeed in his chosen work and life. Mr. Bellamy is active in his church and counsels the youth in that church to avoid drugs. He utilizes his experience to emphasize his counseling. There was no evidence that Mr. Bellamy was ever a danger to children or the disabled. Mr. Bellamy has shown that he is not the same person who dealt drugs and has changed his life for the better. He is entitled to an exemption from disqualification.
Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Department of Children and Family Services enter a final order granting Petitioner Antonio Bellamy an exemption from disqualification. DONE AND ENTERED this 26th day of June, 2002, in Tallahassee, Leon County, Florida. DIANE CLEAVINGER 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 26th day of June, 2002. COPIES FURNISHED: Antonio Bellamy 604 Hummingbird Street Lynn Haven, Florida 32444 John R. Perry, Esquire Department of Children and Family Services 2639 North Monroe Street Building A, Suite 104 Tallahassee, Florida 32399-2949 Paul F. Flounlacker, Jr., Agency Clerk Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204B Tallahassee, Florida 32399-0700 Josie Tomayo, General Counsel Department of Children and Family Services 1317 Winewood Boulevard Building 2, Room 204 Tallahassee, Florida 32399-0700
The Issue Whether Respondent violated Subsections 943.1395(6), 943.1395(7), and 943.13(7), Florida Statutes (2002),1 and Florida Administrative Code Rules 11B-27.0011(4)(a), 11B-27.0011(4)(c), and 11B-20.0012(1)(f), and, if so, what discipline should be imposed.
Findings Of Fact At all times material to the allegations in the Administrative Complaint, Odom was a correctional officer working as a sergeant at Century Correctional Institution (Century) in Century, Florida. Jarl Johnson (Johnson) is a correctional officer who was employed at Century while Odom was employed there. Johnson went to the dormitory where Odom was stationed to check equipment. He advised Odom that he would do the head count of the inmates, but Odom indicated that he would do the head count instead of Johnson. Odom took two inmates, who were in the officers' station, with him to do the head count, and the inmates carried flashlights with them while doing the head count. Inmates are prohibited from doing head counts and carrying flashlights. Vera Elliot (Elliot) is a correctional officer, who is employed at Century. On February 14, 2003, she was working a double shift. One of her shifts that day was the same shift on which Odom was working. Elliot observed Odom and two inmates do a head count of the inmates. The two inmates came into the officers' station, while Odom was present. At that time, no inmates were allowed in the officers' station. On that same evening, Elliot saw Odom give a white box containing food to the two inmates. Correctional officers are not allowed to give food to inmates. Gregory Gilliard (Gilliard) is a correctional officer, who was employed at Century while Odom was employed at Century. Gilliard observed an inmate and Odom in the laundry room directly behind the officers' station. The inmate was polishing Odom's shoes. Gilliard also observed another inmate in the officers' station. The doors to the laundry room were open, making the dormitory accessible, which is a breach of security. On May 8, 2003, Jeffrey R. Brooker (Brooker), a correctional investigator for the Office of the Inspector General of the Department of Corrections, interviewed Odom concerning complaints against staff at Century. While under oath, Odom told Brooker that he never allowed inmates to carry flashlights, never gave food to inmates, never allowed inmates in the officers' station, and never allowed an inmate to polish his shoes. These sworn statements were false. Based on the statements given by Odom to Brooker, it is found that Odom knew that his statements were not true. The Commission alleged in the Administrative Complaint that Odom used excessive or unnecessary force on an inmate. The only evidence presented concerning these allegations was hearsay. Subsection 120.57(1)(c), Florida Statutes (2005), provides: "Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions." Therefore, no finding is made that excessive or unnecessary force was used by Odom.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Richard L. Odom violated Subsection 943.13(7), Florida Statutes, and revoking his certification as a correctional officer. DONE AND ENTERED this 29th day of March, 2006, in Tallahassee, Leon County, Florida. S SUSAN B. HARRELL 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 29th day of March, 2006.
