The Issue The issues are whether Respondent is guilty of pleading nolo contendere to three counts of uttering a forged instrument, three counts of forgery, and three counts of grand theft so as to constitute a demonstrated lack of fitness or trustworthiness to engage in the business of insurance, in violation of Section 626.611(7), Florida Statutes; willful failure to comply with any provision of this Code, in violation of Section 626.611(13), Florida Statutes; a finding of guilty or pleading of guilty or nolo contendere to a felony involving a crime of moral turpitude, in violation of Section 626.611(14), Florida Statutes, any cause for which issuance of the license or permit could have been refused or denied by Petitioner, pursuant to Section 626.621(1), Florida Statutes; and a finding of guilty of pleading of guilty or nolo contendere to a felony, in violation of Section 626.621(8), Florida Statutes. An additional issue is whether Respondent failed to notify Petitioner of her plea of nolo contendere within 30 days, as required by Section 626.621(11), Florida Statutes. If Petitioner prevails on any of these issues, another issue is the penalty that should be imposed.
Findings Of Fact At all material times, Respondent has been licensed as a Customer Representative. On February 23, 2001, Respondent pleaded no contest to three counts of uttering a forged instrument--i.e., a bank check--on August 10, 2000, in violation of Section 831.02, Florida Statutes; three counts of forgery of a public record on August 10, 2000, in violation of Section 831.01, Florida Statutes; and three counts of third-degree grand theft on August 10, 2000, in violation of Section 812.014, Florida Statutes. She also agreed to pay restitution of $1892.87 and court costs. By Community Supervision Order entered February 27, 2001, the court accepted the plea, withheld adjudication, placed Respondent on two years' probation, required Respondent to pay restitution of $1892.87, and required Respondent to pay court costs. Respondent entered the plea of no contest to avoid the expense of a trial. She relied on the advice of her criminal attorney that this disposition of the criminal case would have no effect on her insurance license. She was unaware of her obligation to inform Petitioner of her entry of a no contest plea to these nine charges. Respondent finished paying restitution in March 2003 and has successfully completed her probation. One of her witnesses testified that he has worked with Respondent in the past and is aware of the conduct described above. He testified that he is establishing a new insurance agency in January 2004 and, if her licensing situation permits, he intends to employ her in that office.
Recommendation It is RECOMMENDED that the Department of Financial Services enter a final order finding Respondent guilty of violating Sections 626.611(14) and 626.621(11) and suspending her Customer Representative license for five months. DONE AND ENTERED this 27th day of August, 2003, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE 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 August, 2003. COPIES FURNISHED: Honorable Tom Gallagher Chief Financial Officer Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Mark Casteel, General Counsel Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 R. Terry Butler, Senior Attorney Division of Legal Services Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 Karen Marie Maldonado 701 Southwest Ravenswood West Port St. Lucie, Florida 34983
The Issue This is a license discipline case in which the Petitioner seeks to take disciplinary action against the Petitioner on the basis of an alleged violation of Section 493.6118(1)(f), Florida Statutes, by sleeping while on duty.
Findings Of Fact Respondent currently holds a Class "D" Security Officer License, Number D92-08606, issued pursuant to Chapter 493, Florida Statutes, effective June 2, 1994. During September and October of 1994, Motivated Security provided security services to Shurgard Storage, located at 1650 West Oakland Boulevard, Fort Lauderdale, Florida. On September 30, 1994, the Respondent was employed as a security officer by Motivated Security. On that date the Respondent's assigned post with Motivated Security was at the Shurgard Storage premises described above. On that date, the Respondent was assigned to the 6:00 p.m. to 2:00 a.m. shift. At approximately 11:15 p.m. on September 30, 1994, while the Respondent was on duty at the post described above, the Respondent was sound asleep in a golf cart for a period of at least one-half hour.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that a Final Order be issued in this case finding that the Respondent committed the violation charged in the Administrative Complaint and imposing a penalty consisting of a six-month suspension of the Respondent's license. DONE AND ENTERED this 8th day of August 1995 in Tallahassee, Leon County, Florida. 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 8th day of August 1995. APPENDIX The following are the specific rulings on all proposed findings of fact submitted by all parties. Findings submitted by Petitioner. Paragraphs 1 through 6: Accepted. Paragraphs 7 through 11: Rejected as subordinate and unnecessary details. (All of these proposed details are essentially correct; it is simply not necessary to repeat them.) Findings submitted by Respondent. (None.) COPIES FURNISHED: Kristi Reid Bronson, Esquire Department of State Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 Gerald Brown 3551 N.W. 41st Street Lauderdale Lakes, Florida 33309 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact The Petitioner was convicted of unarmed robbery before the courts of the State of Massachusetts in 1960. The Petitioner has applied for a pardon so that his civil rights can be restored, and it is probable that his civil rights will be restored. Apparently the process for accomplishing a restoration of civil rights is time consuming in the State of Massachusetts. The Petitioner failed to reflect on his application that he was arrested for robbery in 1962. He was not convicted of that crime. It does not appear that the Petitioner deliberately falsified his application.
The Issue An Administrative Complaint dated January 22, 1998, alleges that Respondent violated Section 475.25(1)(m), Florida Statutes, by failing to disclose on his licensure application that on August 9, 1993, he had pled nolo contendere to passing a worthless check. The issue for resolution is whether that violation occurred and, if so, what discipline is appropriate.
Findings Of Fact Since approximately July 1, 1996, and at all times relevant, Respondent Donald J. Berry has been licensed as a real estate salesperson pursuant to Chapter 475, Florida Statute. He was born in England on April 4, 1966. The application for licensure which Mr. Berry submitted to the Department of Business and Professional Regulation (DBPR), Division of Real Estate, and which he signed and acknowledged on April 18, 1996, includes these pertinent parts: 9. 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? This question applies to any violation of the laws of any municipality, county, state or nation, including traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled, or pardoned. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." If you answered "Yes," attach the details including dates and outcome, including a sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consult with an attorney or the Division of Real Estate. . . . AFFIDAVIT OF APPLICANT The above named, and undersigned, applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s) (he) is the person so applying, that (s) (he) has carefully read the application, answers, and the attached statements, if any, and that all succeeding answers and statements are true and correct, and are as complete as his/her knowledge, information and record of permit, without any evasions or mental reservations whatsoever; that (s)(he) knows of no reason why this application should be denied; and (s)(he) further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives by him/her in response to inquiries concerning his/her qualifications. (Petitioner's Exhibit No. 1.) Before he completed and signed the application, Mr. Berry called the Division of Real Estate and told them that the documentation he had was an arrest report. He understood from the staff-person's response that he could write information on the application and enclose what he had. He then checked "yes" in response to question no. 9, and wrote on the application form, "Driving with a suspended driving license." He also, so he thought, enclosed a copy of the arrest warrant from when he was stopped for traffic charges and was found to have an outstanding capias for "obtaining property for worthless check." Sometime later after he submitted his application, someone from the Division of Real Estate called to tell him that he needed the disposition report on the charges. He contacted the clerk of court's office and a staff-person from there called the Division of Real Estate. The Division then obtained records from the Orange County Court that Mr. Berry had pled "no contest" to the worthless check charge and was fined $115, with adjudication withheld. Later, Mr. Berry was told by an investigator from the Division of Real Estate that there was no record that an arrest report had been attached to his application. The only testimony in this proceeding was from Mr. Berry. He explained that he had tried, in good faith, to respond accurately to question no. 9. He did not have any documentation on the arrest for driving with a suspended license and had only a copy of his arrest report for the 1993 worthless check charge. He thought he included the information being sought and was not trying to hide anything. As he explained, he knew the agency had his social security number and could check up on him. He did not write anything about the worthless check on his application form because he had the separate paper (the arrest report) describing that charge.
Recommendation Based on the foregoing, it is hereby RECOMMENDED: That the agency enter its final order dismissing the Administrative Complaint. DONE AND ENTERED this 8th day of October, 1998, 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 Filed with the Clerk of the Division of Administrative Hearings this 8th day of October, 1998. COPIES FURNISHED: Ghunise Coaxum, Esquire Department of Business and Professional Regulation Division of Real Estate Suite N 308 Hurston Building, North Tower 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32801-1772 Donald J. Berry, pro se 2901 Dickens Circle Kissimmee, Florida 34747 Lynda L. Goodgame, General counsel Office of the General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Henry M. Solares, Director Division of Real Estate Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900
The Issue The issue presented is whether Respondents are guilty of the allegations contained in the Administrative Complaint filed against them, and, if so, what disciplinary action should be taken, if any.
Findings Of Fact Jacquelyn Kendrick is the owner of the Club Ecstasy, an adult entertainment club with dancers and strippers, located in Fort Lauderdale. In August 1996 the Club had a contract for security services with Warrior, a security agency. Respondent Manuel Vernerette, as an employee of Warrior, provided security services at the Club. When Warrior's relationship with the Club ended, Kendrick approached Respondent Vernerette with regard to working for the Club. Although Vernerette was currently employed by Navarro during the day, he was able to work at the Club at night. Kendrick also asked him if he knew others who would work at the Club, and he referred several other Navarro employees to Kendrick, who interviewed them. One of the Club's employees would check identification and frisk the Club's customers for weapons outside the front door. The customer could then enter the Club, purchase a "ticket", and then pass through a second door into the "actual" Club portion of the premises. The customer's ticket was collected at the second door. Vernerette's duties were primarily to "collect the tickets" at the second door. He also helped stock the bar and collected money from customers who wanted to use the "VIP rooms". He also had some supervisory responsibilities over some of the Club's employees he had referred to Kendrick. Vernerette only worked inside the Club. On November 23, 1996, two of Petitioner's investigators appeared at the Club to check identification and licenses of any security officers working at the Club. When they arrived, Vernerette was outside with several other Club employees he had referred to Kendrick. Someone other than Vernerette was stationed at the door searching customers. Vernerette appeared to be overseeing the operation. Although all of those employees wore dark clothing, they were not in uniforms. At the request of the investigators, Vernerette produced his Class "D" security officer license and his Class "G" firearm license. At the time Vernerette, who also holds a concealed weapon or firearm license, was wearing a 9 mm. semi-automatic firearm in a gun belt which was covered by his jacket. He was also wearing a badge. He told the investigators how many security officers were working inside the Club and that they could come outside to have their licenses checked. Those persons were summoned. The investigators did not go into the Club that night. In response to the investigator's questions, Vernerette told them that all the security officers were employees of the Club. He specifically used the term "in-house" security. He was cooperative with the investigators. The investigators were told that "Jackie" was the person they needed to speak to regarding the employment status of the security officers but that she was not there. On January 30, 1997, the investigators returned to the Club since they had been unsuccessful in their attempts to contact Jackie. She was there that night. Vernerette was not since he had stopped working at the Club by January 3. Jackie denied that Vernerette and the other security officers were employees. She was unable to produce any documentation regarding her relationship with Vernerette or the other security officers. She had no contract, no payroll records, and no cancelled checks. She advised Petitioner's investigators that she paid Vernerette, sometimes by check and sometimes in cash, and that he then paid the others. After the investigators interviewed her, Kendrick began using deputies from the Broward County Sheriff's Office to provide security services at the Club. In February 1997 Vernerette received his Class "B" license, a security agency license. He visited Kendrick at the Club, gave her a proposal to provide security services at the Club, and gave her his new business card. The business card advertises Armstar Protective Services, lists Vernerette as the President and C.E.O., and includes his Class "B" license number. Vernerette did not conduct the business of a security agency without being so licensed when he worked at the Club. He worked there as an employee of the business and not as an independent contractor. Further, Vernerette did not perform security officer duties at the Club between November 23, 1996, and January 30, 1997.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondents not guilty of the allegations contained in Counts I, III, and V and dismissing the Administrative Complaint filed against them. DONE AND ENTERED this 19th day of February, 1998, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Kristi Reid Bronson, Esquire Department of State Division of Licensing The Capitol, Mail Station 4 LINDA M. RIGOT 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 19th day of February, 1998. Tallahassee, Florida 32399-0250 Yolanda Fox, Esquire Law Offices of C. Jean-Joseph Mercede Executive Park 1876 North University Drive, Suite 309C Plantation, Florida 33322 Don Bell, General Counsel Department of State The Capitol, Plaza Level 2 Tallahassee, Florida 32399-0250 Honorable Sandra B. Mortham Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250
The Issue Whether Respondent, the holder of a Class "D" Security Officer License and a Class "G" Statewide Firearm License, committed the offenses alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact Respondent holds Class "D" Security Officer License Number D94-10889, which was issued pursuant to Chapter 493, Florida Statutes, effective July 6, 1996, to July 6, 1998. Respondent also holds Class "G" Statewide Firearm License Number G94-02779, effective September 29, 1996, to September 29, 1998. At the times pertinent to this proceeding, Respondent was employed by Navarro Security. On November 18 and 19, Respondent was on duty at a security post during the evening and early morning hours. The assigned post was Star Motors, a Mercedes-Benz car dealership located on Federal Highway (U.S. 1) in Fort Lauderdale, Florida. Respondent had the responsibility of providing security for the vehicles and other property located at the dealership. Respondent had been instructed to park his vehicle at the front part of the dealership property so he could observe at all times the inventory that was parked on an open lot. Respondent was to carry a two-way radio with him while on he was on duty and he was required to respond to hourly radio checks from his supervisors. Respondent was not permitted to sleep while on duty. On November 18, 1996, Randy Robinson, a supervisor (captain) employed by Navarro Security, was dispatched to Star Motors because Respondent had missed a radio check at 11:00 p.m. Mr. Robinson arrived at Star Motors at approximately 11:40 p.m. and observed Respondent to be asleep in his own vehicle at a location adjacent to, but off the premises of, Star Motors. Mr. Robinson photographed Respondent using flash bulbs and shined a flashlight on his face. Respondent did not awaken until Mr. Robinson knocked on the windshield of Respondent's vehicle. On November 19, 1996, shortly before 2:54 a.m., Respondent missed another radio check. Mike Crutcher, a supervisor (lieutenant) employed by Navarro Security was dispatched to Star Motors. Mr. Crutcher arrived at Star Motors at 2:54 a.m. and observed Respondent asleep in his vehicle. The vehicle was parked in the circular drive on the premises of Star Motors. Mr. Crutcher photographed Respondent using a flash bulb. Respondent did not awaken until Mr. Crutcher knocked on the vehicle.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent's Class "D" Security Licensed be revoked. It is further RECOMMENDED that no action be taken against Respondent's Class "G" Statewide Firearms License. DONE AND ENTERED this 31st day of March, 1998, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 31st day of March, 1998. COPIES FURNISHED: Michele Guy, Esquire Department of State Division of Licensing The Capitol, Mail Station No. 4 Tallahassee, Florida 32399-0250 Arthur W. Francis, pro se 506 Northwest 3rd Street Apartment 2 Dania, Florida 33004 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0450
The Issue Whether the Respondent, Department of Business and Professional Regulation, Division of Land Sales, Condominiums, and Mobile Homes (Respondent or Division), acted arbitrarily or capriciously in denying Christian Welvaert’s (Petitioner or Welvaert) application to be licensed as a yacht and ship salesmen under Chapter 326, Florida Statutes.
Findings Of Fact Respondent is the state agency charged with regulating and licensing of yacht and ship brokers under Section 326.002(2), Florida Statutes. On October 16, 2001, Welvaert submitted to the Division his application for licensure as a yacht and ship salesman. Licensure is a privilege granted to individuals who affirmatively demonstrate good moral character. The Division is authorized to, and does in fact investigate an applicant's criminal background if one exists. This is done so that the state may determine if the individual's criminal history is of a nature which would warrant denial of licensure. To facilitate the state's investigation, applicants are asked to fully disclose any criminal history. It is required that this question, and all the questions on the application, be answered truthfully. Welvaert falsely stated on his application that his only criminal background was "traffic offense." A Florida Department of Law Enforcement (FDLE) background check revealed that Welvaert had been arrested on several occasions on charges relating to possession of drugs and drug paraphernalia; domestic battery and resisting an officer without violence; probation violation by possessing drug paraphernalia and cannabis; and driving under the influence of drugs or alcohol. Welvaert did not offer any evidence to contradict the FDLE's findings in any material way. He asserted that he never violated probation, claiming that he didn’t know when his court date was because he had moved. This experience did not teach Welvaert the importance of attending to his legal affairs. In this case, he blamed his landlady for his failure to respond to the Division's Request for Admissions, which was properly served upon him at the address he had on file in this case. Welvaert stated, "I thought the person, the landlady I was staying with, I thought she was going to call me or tell me if I had something this important in the mail. I guess she didn't." Petitioner testified that he has "changed his life around" and is now rehabilitated. While he did not unequivocally deny the drug charges, he implied that he "just [took] the time" on the advice of the presiding judge. He further stated, "It was at someone's house. I was in a college town at the time." Nothing in Welvaert's testimony constitutes a legally or factually sufficient excuse for his failure to disclose his criminal background.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Petitioner's application to be licensed as a yacht and ship salesman’s be denied. DONE AND ENTERED this 4th day of November, 2002, in Tallahassee, Leon County, Florida. FLORENCE SNYDER RIVAS 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 4th day of November, 2002. COPIES FURNISHED: Joseph S. Garwood, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 60 Tallahassee, Florida 32399-2202 Christian P. Welvaert 7 Kenmore Lane Boynton Beach, Florida 33435 Ross Fleetwood, Division Director Division of Florida Land Sales, Condominiums and Mobile Homes Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Hardy L. Roberts, III, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202
The Issue Whether on or about November 28, 1993, Petitioner committed an act of violence or used force on another person which was not for the lawful protection of himself or another and was sufficient grounds for denial of Petitioner's application for a Class "D" Security Officer and Class "G" Statewide Firearm Licenses, pursuant to Sections 493.6118(1)(j) and (2), Florida Statutes.
Findings Of Fact By application dated February 10, 1994, Petitioner applied to Respondent for a Class "D" Security Officer license and a Class "G" Statewide Firearm license. The applications prepared by Petitioner were complete, and included the required photos and copy of a certificate evidencing successful completion of security officer training as required by statute. On November 28, 1993, the Petitioner met his estranged spouse in the Lakeland police station lobby to exchange custody of their baby daughter. This transfer of custody was videotaped, allegedly by the Petitioner's mother-in-law. As the transfer was ending, the Petitioner became agitated at the person holding the camera. Petitioner picked up the baby car seat and moved towards the camera. The Petitioner swung the baby car seat, while the baby was in it, in the direction of the camera. No competent evidence was produced which proved that the car seat, while being swung by Petitioner, struck another person or an object held by another person.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered approving Petitioner's application for a Class "D" Security Officers license and a Class "G" Statewide Firearm license as provided for in Section 493.6118, Florida Statutes (1993). DONE AND ENTERED this 11th day of January, 1995, in Tallahassee, Florida. DANIEL M. KILBRIDE 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 11th day of January, 1995. APPENDIX Petitioner is eligible for licensure under either stand Petitioner did not submit proposed findings of fact. Respondent proposed finding of fact: Accepted in substance: paragraph 1, 2, 3, 4, 5, 6 (in part). Rejected as not supported by the greater weight of competent (non-hearsay) evidence: paragraphs 6 (in part), 7. COPIES FURNISHED: Angel E. Figueroa 5331 David Street Lakeland, Florida 33813 Richard R. Whidden, Jr., Esquire Department of State Division of Licensing The Capitol, MS-4 Tallahassee, Florida 32399-0250 Honorable Jim Smith Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, Esquire General Counsel The Capitol Tallahassee, Florida 32399-0250
The Issue Should Petitioner discipline Respondent's law enforcement certificate number 95835 for alleged offenses committed against his former wife, Alicia Grix, now Alicia Maxwell?
Findings Of Fact Chapter 943, Florida Statutes, grants authority to Petitioner to certify law enforcement officers in Florida and to impose discipline against law enforcement officers for failure to maintain necessary qualifications to perform their duties as law enforcement officers. Respondent was certified by Petitioner as a law enforcement officer having been issued law enforcement certificate number 95835. At times relevant to this inquiry Respondent has held that certificate. On February 10, 1993, Respondent was married to Alicia Grix, now Alicia Maxwell. On that date Respondent and Ms. Maxwell became engaged in an argument while in their home. The wife decided to leave the home and go for a drive to avoid further confrontation. When the wife was exiting the front door Respondent grabbed her by the hair and walked his wife toward the car. Respondent opened the door to the car and shoved his wife into the car on the driver's side. Her right leg was in the car while her left leg remained outside the car, at which point Respondent slammed her left leg with the car door. This occurred in a setting in which the wife was unable to get her left leg into the car because she was being prohibited from that act by Respondent's actions. Respondent slammed the door on his wife's leg several times. She then exited the car. Respondent then picked his wife up and slammed her to the ground causing her to strike her head and back on the ground. She got up from the ground and went into the house. Respondent followed her. After the two persons returned to the house, Respondent pushed his wife onto a couch located inside the house. As a result of the car door being slammed on her leg, Ms. Maxwell had an abrasion on her left leg between the knee and ankle which bled. Ms. Maxwell did seek medical attention for her wound. The laceration that Respondent caused was approximately an inch long. Respondent's acts did not leave a permanent scar. These circumstances transpired in a setting in which Ms. Maxwell did not give Respondent the permission to touch or strike her, and in a setting in which his physical conduct against his wife was contrary to her will. In the early morning hours of July 4, 1993, Respondent and Ms. Maxwell, who was still his wife, had another argument in their home. During this exchange Respondent pushed her on her chest with his hands, which caused her to take a step back. Respondent then raised his fist but did not strike his wife following that gesture. Again this was an incident in which Ms. Maxwell had not given permission to Respondent to touch or strike her, and he had struck her against her will. Following the incident on July 4, 1993, Ms. Maxwell applied to the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida, and was granted a temporary injunction against domestic violence directed to the Respondent. That injunction in its operative terms stated: Respondent shall not come on any place where Petitioner is located including Petitioner's residence or employment; and shall not follow or shadow Petitioner at any place. Respondent shall not telephone Petitioner, except through an attorney. The Petitioner referred to was Ms. Maxwell, then the wife of the Respondent. The temporary injunction was issued on July 6, 1993. On July 12, 1993, a permanent injunction against domestic violence was issued in that case which contained the same admonition against contacts between the Respondent and his wife. The permanent injunction gave temporary custody of the children of that marriage to the wife with "visitation" by Respondent based upon "evaluation before visitation." The terms of the permanent injunction obligated the wife to refrain from having any contact with the Respondent in a similar manner to the prohibition against contacts directed from Respondent to the wife. This arrangement limiting contacts by the wife directed to Respondent was by stipulation of the parties governed by the injunction. The injunctions were issued in accordance with Section 741.30, Florida Statutes. Following the issuance of the permanent injunction, Respondent encountered Ms. Maxwell, who was still his wife, on Gaines Street in Tallahassee, Florida. She was in her car with their daughter. Respondent was in an unmarked patrol car, which by inference is found to have been associated with his law enforcement duties with the Capitol Police. Thereafter, while the wife was still in the car with their daughter and Respondent was on the sidewalk next to the street, Respondent began to talk to the daughter telling the daughter to call the Respondent. No words were exchanged between Respondent and the wife. This contact contravened the terms of the permanent injunction and constituted harassment. At that time the terms of the injunction were known to the Respondent. This incident took place sometime in July 1993. On the night of July 19, 1993, or early morning of July 20, 1993, Respondent accompanied his brother to the immediate neighborhood where Ms. Maxwell, then Respondent's wife was residing. The brother came into the wife's yard and looked into the window of the house. Respondent remained at a van that the brothers had driven to the location in the immediate vicinity of the wife's home. The brothers then left the scene in the van with the Respondent driving. Again this was a knowing violation of the permanent injunction which directed the Respondent to have no contact with the wife and constituted harassment. On July 21, 1993, Respondent and Ms. Maxwell, then his wife, met voluntarily at a location away from their respective residences. During a conversation the Respondent threatened the wife that he was going to take their kids away from her. He indicated that he had gone into her personal checking account and had taken money out of the account, which she subsequently confirmed. Although the two persons had met voluntarily, Respondent's actions in the meeting constituted harassment of the wife and were contrary to the permanent injunction with Respondent's knowledge. While Ms. Maxwell was still married to Respondent, he left a note on the windshield of her car which was parked in the lot near her place of employment. That note said Alicia, information given by the park I wish you quit tell [sic] Robin something and then turn around and tell her the opposit [sic] re: schools I'm no [sic] taken [sic] 98% of the bills I don’t know where you think I'm going to get more from. Please stop getting Robin's hopes up. Thank you. This contact was harassing and contrary to the permanent injunction and Respondent knew that it was. In the early morning hours of August 8, 1993, Respondent had further contact with Ms. Maxwell, then his wife, while in her home. The contact made between Respondent and the wife was around 2:50 a.m. Respondent pounded on the front door to the wife's residence. He then went into the back yard and entered the home through a sliding glass door in the back of the house. Respondent entered his wife's bedroom while she was calling the police to report his intrusion. Respondent asked who was on the phone. His wife told him it was the police. She asked Respondent to leave. He took the phone and hung it up on the receiver and told his wife that all he wanted to do was to talk to her. Respondent was aggravated that the wife had called the police. Respondent then left the house through the front door. His actions were harassing and constituted a knowing violation of the terms of the injunction against contact with his wife. On August 27, 1993, while Respondent was still married to the present Ms. Maxwell, he telephoned her contrary to the terms of the injunction, which he realized prohibited this telephone contact. This constituted harassment. The circumstances which have been described, in which the Respondent made inappropriate contacts with Ms. Maxwell following the issuance of the permanent injunction, were distressful to Ms. Maxwell. In association with events that have been described, Respondent was terminated from his employment as a law enforcement officer with the Capitol Police.
Recommendation Upon consideration of the findings of fact and conclusions of law reached it is recommended that a final order be entered which suspends Respondent's law enforcement certificate for two years. DONE AND ENTERED this 10th day of October, 1997, in Tallahassee, Leon County, Florida. CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 10th day of October, 1997. COPIES FURNISHED: Karen D. Simmons, Esquire Paul D. Johnston, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Robert Rand, Esquire Dee Dee Ayers, Esquire 908 Thomasville Road Tallahassee, Florida 32303 Angelo Cancio, Esquire Post Office Box 10293 Tallahassee, Florida 32302 A. Leon Lowry, II, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
