Findings Of Fact The Defendant, Theodore Michael Lakos, was at all material times, registered with the Florida Real Estate Commission as a real estate salesman. On or about April 20, 1976, a Second Amended Information was filed by the State Attorney for the First Judicial Circuit of Florida against Theodore Michael Lakos, and others in the Circuit Court of Escambia County, Florida. A copy of the Second Amended Information was received in evidence at the hearing as Plaintiff's Exhibit 2. On or about August 25, 1976, Theodore Michael Lakos withdrew his previous plea of not guilty of the charges, and entered a plea of nolo contendere to Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Amended Information. On or about November 9, 1976, Theodore Michael Lakos was adjudicated guilty of the charges alleged in Counts 1, 2, 3, 4, 6, 8, and 10 of the Second Admended Information. Sentencing was stayed for a period of ten years, during which time the Defendant will be on probation under the supervision of the Florida Parole Commission. A copy of the Judgment and Sentence was received in evidence at the hearing as Plaintiff's Exhibit 4. In accordance with the Defendant's plea of nolo contendere, and the court's judgment, it is found that the Defendant, Theodore Michael Lakos, did knowingly, unlawfully and feloniously agree, conspire and confederate with others to commit the felony of breaking and entering, in violation of Sections 833.04 and 810.01, Florida Statutes, as charged in Count 1 of the Second Amended Information. It is found that the Defendant, between March 1, 1975, and up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny, in violation of Sections 833.04 and 811.021, Florida Statutes, as charged in Count 2 of the Second Amended Information. It is found that the Defendant between, on or about March 1, 1975, ad up to and including, on or about March 28, 1975, knowingly, unlawfully and feloniously agreed, conspired and confederated with others to commit the felony of first degree larceny, in violation of Sections 833.04 and 806.01, Florida Statutes, as charged in Count 3 of the Second Amended Information. It is found that the Defendant, between on or about March 29, 1975, and up to and including on or about April 18, 1975, knowingly, unlawfully and feloniously agreed, conspired, and confederated with others to commit the felony of grand larceny in violation of Section 833.04, and 811.021, Florida Statutes, as charged in Count 4 of the Second Amended Information. It is found that the Defendant, on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: breaking and entering, in that he aided, abetted, counselled, or otherwise procured others to unlawfully break and enter a dwelling house with intent to commit a felony, to wit: grand larceny in violation of Sections 776.011 and 810.01, Florida Statutes, as charged in Count 6 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled or otherwise procured as a principal in the first degree, the commission of a felony, to wit: grand larceny, in that he aided abetted, counselled, or otherwise procured others to unlawfully take, steal, and carry away certain property of the aggregate value of more than one hundred dollars, in violation of Sections 776.011 and 811.021, Florida Statutes, as charged in Count 8 of the Second Amended Information. It is found that the Defendant on or about March 28, 1975, aided, abetted, counselled, or otherwise procured as a principal in the first degree the commission of a felony, to wit: first degree arson, in that he aided, abetted, counselled, or otherwise procured another to willfully and maliciously set fire to a dwelling house in violation of Sections 776.011 and 806.01, Florida Statutes, as charged in Count 10 of the Second Amended Information.
The Issue Whether or not Respondent's Florida Real Estate license should be disciplined because Respondent is guilty of and was found guilty of crimes which involve moral turpitude or fraudulent or dishonest dealing for which he was confined in a state prison in violation of Subsections 475.25(1)(f) and (n), Florida Statutes.
Findings Of Fact Petitioner is the state licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints in particular Section 20.30, Florida Statutes and Chapters 120, 455 and 475, Florida Statutes and rules promulgated pursuant thereto. Respondent is now and was at all times material hereto, a licensed real estate salesman in the state of Florida having been issued license No. 0463021 in accordance with Chapter 475, Florida Statutes. On October 5, 1989, in Hillsborough County Court, Criminal Division, State of Florida, Respondent entered a plea of nolo contendere to the misdemeanors of prostitution and taking a minor in a vehicle with a malevolent intent, a local ordinance punishable as a misdemeanor. The Respondent was found guilty and sentenced to thirty days imprisonment and six months probation. On March 11, 1991 in the Hillsborough County Court, Criminal Division, State of Florida, Respondent entered a plea of nolo contendere to two counts of petty theft. Respondent was found guilty of both counts and was placed on probation for six months to run consecutively on each count. Steven Pearce, Petitioner's investigator, spoke to Respondent about the nature of the charges alleged in the administrative complaint. Investigator Pearce made a series of calls to Respondent and during one of these calls, a discussion ensued relating to the complaint allegations filed against Respondent. During the second call which Investigator Pearce had with Respondent on June 25, 1991, a discussion was had regarding the petit theft charges and a series of other criminal charges which were filed against him. At the time of Respondent's written response to Investigator Pearce on June 12, 1991, he was incarcerated in Hillsborough County Jail for charges which he then contended that he was innocent. Specifically, he maintained in that letter as well as during the hearing that he was pulled into matters for which his son was involved and that he was in no manner responsible for the actions of his son. Respondent spent approximately forty-five days in the Hillsborough County Jail during 1989 at which time he made a no contest plea on October 5, 1989 because it would have taken approximately 21 more days for him to go to trial and he had, at that time, spent the maximum amount of time allowable for the charge for which he was being held. Prior thereto, Respondent had been incarcerated in the Sumter County Jail on a first degree murder charge where he remained for approximately 14 months and was thereafter released to Hillsborough County Jail. During his incarceration, Respondent's trial had been postponed approximately nine times and he repeatedly maintains that all of the allegations which he was being charged for dealt with activity engaged in by his son and "unbeknownst to" Respondent.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Petitioner enter a final order finding Respondent guilty of having engaged in proscribed conduct within the purview of Subsections 475.25(1)(f) and (n), Florida Statutes as alleged in the administrative complaint. It is further recommended that Respondent's license as a real estate salesperson in Florida, license No. 0463021 be revoked. DONE and ENTERED this 2nd day of June, 1992, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of June, 1992.
The Issue Whether Respondent has failed to maintain the qualifications of a law enforcement officer to have good moral character, as alleged in the Administrative Complaint.
Findings Of Fact The Respondent was certified by the Criminal Justice Standards and Training Commission on March 21, 1988, as a law enforcement officer, Certification Number 50-87-002-01, and at all time relevant, certification was active. In March of 1988, the Respondent became employed as a police officer with the Winter Haven Police Department. On two separate occasions in 1990, Lois May engaged in sexual intercourse with Officer Edgar S. Searcy. On both occasions, Officer Searcy paid May $10.00 for her services. Officer Searcy was on duty and in uniform during both of these occurrences. Colleen McCoy performed oral sex on Officer Searcy in exchange for $5.00 on one occasion in 1990. While on duty, Respondent picked up McCoy at her residence, and took her to a secluded location where she performed oral sex on him. He paid her $5.00, and drove her to a location where she could walk to nearby "crack house" and obtain drugs.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of failure to maintain good moral character, as required by Subsection 943.13(7), Florida Statutes (1989), and that Respondent's certification be REVOKED. DONE AND ENTERED this 6th day of January, 1994, in Tallahassee, Leon County, 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 6th day of January, 1994. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: paragraphs 1,2,3,4,5,9 Rejected as hearsay: paragraphs 6,7,8 Respondent's proposed findings of fact. Accepted in substance: none Rejected as argument or comments on the evidence: paragraphs 1, 2, 3,4 COPIES FURNISHED: Michael Ramage General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Leon Lowry, II, Director Division of Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Steve Brady Regional Legal Advisor Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Doris Hundley Qualified Representative Edgar S. Searcy 490 East Plum Avenue Chipley, Florida 32428
The Issue Whether Respondent, a certified correctional officer, committed the offenses alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact Respondent has been certified as a Correctional Officer in the State of Florida since March 9, 1994. There was no evidence that he had been the subject of any prior disciplinary action. At all times material to this proceeding, the Department employed Respondent as a Correctional Officer. 2/ On December 21, 1999, Respondent reported for his scheduled duty shift at the Turner Guilford Knight Correctional Center (the TGK Center). The TGK Center is a jail located in Miami-Dade County and operated by the Department. Respondent was scheduled to work the shift beginning at 6:30 a.m. and ending at 2:30 p.m. On December 21, 1999, Respondent was assigned as a unit manager at the TGK Center. His responsibilities included the care, custody, and control of all inmates in his assigned unit of the facility. Respondent was responsible for conducting visual inspections of the unit and inmate headcounts. Visual inspections and inmate headcounts are separate procedures. In a visual inspection, the officer looks for anything out of the ordinary by walking around the entire unit, looking into each cell, and checking on all inmates. In a headcount, the officer accounts for the presence of each inmate by counting the inmates in the unit. At the times pertinent to this proceeding, Respondent was required to document his activities at the TGK Center by making written entries in a Unit Logbook. Upon reporting for duty at 6:30 a.m., Respondent made an entry in the Unit Logbook recording the time, his presence on duty at "0630," and his receipt of certain equipment from the previous shift. Respondent made a second entry in the Unit Logbook at 6:43 a.m. As the first line of the second entry, Respondent inserted in the Unit Logbook the following: "0643-Visual check of unit/inmates all app QRU." The first line of the second entry would convey to other officers reviewing the Unit Logbook that Respondent had determined through a visual inspection that all was well throughout the unit at approximately 6:43 a.m. 3/ As the second line of the second entry, Respondent inserted in the Unit Logbook the following: "H/C B W H." That entry would convey to other officers reviewing the Unit Logbook that Respondent had intended to conduct an inmate headcount and list each inmate in one of the following categories: Black, White, or Hispanic. Because no numbers were inserted next to each designated category, it would have been clear to other officers reviewing the Unit Logbook that Respondent had not completed the inmate headcount. Respondent became preoccupied with preparations for serving the inmates their morning meal, which he intended to serve early because he was expecting supplies to be delivered that morning. Respondent did not complete the headcount he had intended to take. Shortly before 9:30 a.m., Respondent assigned an inmate trustee to assist him with the meal preparations and told the trustee to find another inmate to help. The trustee then went to another part of the unit to look for another inmate to help with preparations for the meal. Shortly thereafter, Respondent heard the inmate trustee screaming, and Respondent immediately went to investigate. At 9:30 a.m., Respondent arrived at cell 5520 and observed inmate Carlos Nevis hanging in front of the window of the door. Mr. Nevis' body was readily observable from outside the room through the window of the door. Rigor mortis had set in, which indicated that Mr. Nevis had hanged himself prior to the time Respondent reported to work. Respondent did not perform a visual check of the inmates in the unit at 6:43 a.m. as he recorded in the Unit Logbook. Had Respondent actually performed the visual checks at that time, he would have discovered Mr. Nevis' body. The first line of the second entry made by Respondent in the Unit Logbook entry at 6:43 a.m. indicating that he had made a visual check of the "unit/inmates" and that all appeared "QRU" was false. Respondent had not performed a visual inspection to determine the status of the unit.
Recommendation Based on the foregoing findings of fact and conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding that Respondent failed to maintain good moral character, as required by Section 943.1395(7), Florida Statutes. It is further recommended that Respondent's certification be suspended for a period of six months and that he thereafter be placed on probation for a period of two years. As a special condition of probation, Respondent should be required to complete an ethics course approved by Petitioner. DONE AND ENTERED this 21st day of August, 2002, 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 21st day of August, 2002.
Findings Of Fact The Respondent, William H. Cochran, was certified by the Petitioner as a correctional officer on November 20, 1989, and was issued corrections certificate number 33-89-502-05, and at all times relevant hereto was a certified officer. The Respondent was employed as a Correctional Officer I officer by the Department of Corrections, and assigned to the Charlotte Correctional Institution, a state correctional institution, in Port Charlotte, Florida. On or about February 17, 1990, the Respondent approached Ruth Rivera- Silva, another Correctional Officer I at the Charlotte County Correctional Institution, and engaged her in conversation. The Respondent initiated the conversation with casual, small talk, and then presented Officer Rivera-Silva with a business proposition. Officer Rivera-Silva and the Respondent knew each other, because they had gone through the academy together. The business proposition the Respondent made to Officer Rivera-Silva consisted of her assisting him in bringing marijuana into the Charlotte Correctional Institute for sale to inmates. The Respondent expressed a need for extra money for himself, and he wanted to help her obtain some extra money, because she was a divorced mother with two children. The Respondent had been approached by inmates Smith and Bass who requested his help in bringing marijuana into the institution to them. According to the Respondent's plan, he was supposed to meet with one of the inmate's friends and pick up the marijuana from her. The Respondent would then give the drugs to Officer Rivera-Silva, and she would bring in approximately two pounds of marijuana a week by carrying the marijuana into the institution in her lunch box. Respondent indicated that no one ever checked the contents of the lunch boxes. The lunch boxes were to be dropped off in the recreation department for inmates Smith and Bass to pick up. The Respondent speculated that he and Officer Rivera-Silva would each make approximately one thousand dollars per week. After the Respondent initially approached Officer Rivera-Silva in February 1990, requesting her assistance in this illegal plan, she immediately reported the details of the plan to Colonel Richardson of the CCI. The Charlotte County Sheriff's Office was contacted, and an investigation into the matter was initiated. An electronic recording devise was planted on Officer Rivera-Silva, and she had four additional conversations with the Respondent. The electronic bugging system allowed Deputy Juan Acosta, the lead investigator, to listen to the conversation between the Respondent and Officer Rivera-Silva, and at the same time record the conversations on audio tape. Deputy Acosta was present and listened to all four of these bugged conversations between the Respondent and Officer Rivera-Silva. In the last monitored conversation on February 24th, the Respondent indicated that evening he would receive a call at the Babe Ruth Field, meet with the contact lady, and meet with Officer Rivera-Silva the next morning as planned. Respondent was placed under close observation, and he was observed at the Babe Ruth Field, and, while there, he received and made a couple of phone calls. Then he returned to his residence. The next morning, the Respondent left his residence, and traveled in the direction of the correctional facility. As he pulled into the parking lot of the institution, Deputy Acosta and the other officers confronted him. A search of the car's interior was conducted, but no contraband was found. The Respondent was escorted into the administration building where an interview was conducted. Initially, the Respondent indicated that Deputy Acosta and the other officers had the wrong guy, and that they were making a mistake. Deputy Acosta played the taped conversations for the Respondent, then he said, "You got me, I'll tell you what you need to know." The Respondent stated that he was just saying those things, because he wanted to date Officer Rivera-Silva, and was trying to impress her. At the hearing, Respondent indicated that this plan was completely Officer Rivera-Silva's idea. The Respondent was not arrested, and was never criminally prosecuted.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of failure to maintain good moral character, as required by Subsection 943.13(7), Florida Statutes (1989) and that Respondent's certification be REVOKED. DONE AND ENTERED this 24th day of April, 1992, in Tallahassee, Leon County, 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 24th day of April, 1992. APPENDIX TO RECOMMENDED ORDER The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's proposed findings of fact. Accepted in substance: Paragraphs 1 - 32 Respondent's proposal findings of fact. Respondent did not file proposed findings as of the date of this order. COPIES FURNISHED: James T. Moore, Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302 Dawn Pompey, Esquire Assistant General Counsel Florida Department of Law Enforcement PO Box 1489 Tallahassee, FL 32302 Kevin Shirley, Esquire 126 East Olympia Avenue Suite 408 Punta Gorda, Florida Jeffrey Long, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, FL 32302
Findings Of Fact Respondent was certified as a correctional officer by the Criminal Justice standards and Training Commission on February 17, 1988, and was issued certificate No. 03-87-502-08. On October 3, 1988, Metro-Dade Police Officer Jay Rogers was on duty and was dispatched to the Kendall Town and Country Mall to assist the Mall's security officers in clearing the parking lot after a night club closed. Officer Rogers walked up to a group of people, including the Respondent and asked them to finish saying good-bye and leave the parking lot. Officer Rogers then backed off and gave the remaining people in the lot about ten to fifteen minutes to finish saying good-bye. Officer Rogers again approached the group which included the Respondent, and asked that they leave. At that point, the Respondent replied to the officer's request with words to the effect of, "You wait, you can't make us leave, I'm looking for my keys." Officer Rogers asked the Respondent to find her keys, do whatever she needed to do, finish saying good-bye, and to please leave. The Respondent replied with words to the effect of, "I'll leave when I'm ready," and, "You're not telling me what to do." At about this point in the communication between Officer Rogers and the Respondent, an unidentified male approached the Respondent and said words to the effect of, "Come on, let's leave, the officer told us to leave, let's get out of here." The Respondent pushed the unidentified male away, and he got into a vehicle and left. Officer Rogers again asked the Respondent to leave. At some point in the interchange the Respondent replied, "What are you going to do, arrest me?" Eventually, Officer Rogers told the Respondent to leave or she would be arrested for trespassing after warning. The Respondent continued to say that she was not leaving. Officer Rogers thereupon advised the Respondent that she was under arrest for trespassing after warning and removed his handcuffs from his belt. At this point the Respondent became belligerent and hostile and told Officer Rogers, "You're not arresting me," and, "You'd better call for a lot of police, I'm not leaving." Officer Rogers requested backup units at this time. At about the same time, a man named Randall Rymes attempted to intervene between Officer Rogers and the Respondent. Officer Rogers told Mr. Rymes to leave and not interfere with the arrest. Mr. Rymes moved away and got into a two-door, black Isuzu automobile. As Officer Rogers attempted to place the handcuffs on the Respondent, she pulled her arm away and twisted her body. Officer Rogers continued with his efforts to arrest the Respondent and grabbed her left arm while asking her not to resist or struggle. The Respondent again pulled her left arm away and then struck Officer Rogers in the neck with her right fist. With Officer Rogers holding onto her arm, the Respondent pulled the officer towards the black Isuzu occupied by Mr. Rymes. Mr. Rymes drove the car beside the Respondent, opened the passenger door, and yelled to Respondent to get into the car. Mr. Rymes also grabbed the Respondent and attempted to help pull her into the car. At that point the Respondent kicked Officer Rogers in the left knee and as Officer Rogers continued to try to put the handcuffs on, the Respondent got partially into the car. Thereupon, Mr. Rymes started driving away with Officer Rogers running beside the automobile still holding onto the Respondent. Officer Rogers finally had to let go to avoid the risk of further injury. The vehicle driven by Mr. Rymes continued for several hundred feet until it was blocked by a vehicle driven by another law enforcement officer. Officer Rogers ran to the automobile driven by Mr. Rymes, removed the Respondent from the car, handcuffed her, and placed her in a police vehicle. Although Respondent had been drinking alcoholic beverages, she was not intoxicated at the time of the events described above. The Respondent has never been arrested or charged with a crime other than in the incident described above. /1
Recommendation Based on the foregoing, it is RECOMMENDED that the Criminal Justice Standards and Training Commission issue a final order in this case concluding that the Respondent is in violation of Section 943.13(7), Florida Statutes, and Rule 11B-27.0011(4), Florida Administrative Code, and imposing a penalty of probationary status for one year conditioned on the Respondent not engaging in any conduct during the probationary period which constitutes failure to maintain good moral character within the meaning of Rule 11B-27.0011(4), Florida Administrative Code. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 1st day of May 1990. 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 1st of day of May 1990.
