The Issue The issue in this case is whether the Department of Juvenile Justice (Respondent) properly calculated secure juvenile detention center expenses for which Hillsborough County (Petitioner) is responsible under state law.
Findings Of Fact As required by law, the Respondent prospectively assessed the Petitioner for juvenile detention costs for the 2006-2007 fiscal year. The Petitioner timely filed objections to the Respondent's assessment. The Respondent generally denied the objections, although the evidence indicated that representatives of both parties attempted to address objections through the exchange of relevant information, a practice that was continuing immediately prior to commencement of the administrative hearing. According to the testimony presented at the hearing, the parties remained in disagreement regarding 9,258 instances where "disposition dates" were unavailable (the "no date" cases). The relevant statute requires that the Petitioner bear the costs of detention prior to "final court disposition," a phrase which is otherwise undefined by the statute. Although the parties agreed that Final Orders issued by the Respondent based upon prior litigation between the parties identified a definition of "final court disposition," the parties apparently disagreed on the application of the definition. At the hearing, the Respondent offered testimony that the agency's records would identify disposition dates for juveniles transferred to the care and supervision of the Respondent. The Respondent's records were reviewed to confirm that there were no disposition dates identified therein for the "no date" cases. The Petitioner presented no evidence to establish that such disposition dates were available. The Petitioner's witness essentially asserted that any court order in a juvenile detention case is a dispositional order upon which the Respondent becomes responsible for the expenses related to detaining the juvenile. The Respondent asserted that unless and until a juvenile is committed to the care and supervision of the Respondent, such expenses remain the responsibility of the Petitioner. Neither the statute nor the previous Final Orders suggest that fiscal responsibility for a juvenile is transferred to the Respondent upon the issuance of any court order, regardless of whether the order assigns responsibility for care and supervision of the juvenile to the Respondent. The Petitioner also asserted that some of the "no date" cases listed addresses for the juveniles that were the Respondent's offices, indicating that the Respondent had assumed responsibility for care and supervision (and costs) for such juveniles at some point. After the hearing, and without objection by the Petitioner, the Respondent submitted a notarized affidavit from an individual identified as Norman Campbell, chief probation officer for Hillsborough County, wherein the affiant stated that the facilities at the identified addresses were offices of providers providing contract services to juveniles through the Department of Children and Family Services, and further stated that the Respondent has offices within some of the facilities.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Respondent issue a final order amending the annual reconciliation as follows: Responsibility for disputed cases which lack disposition dates but include addresses of the Respondent's office locations are assigned to the Respondent; and Responsibility for disputed cases which lack disposition dates and do not include addresses of the Respondent's office locations are assigned to the Petitioner. DONE AND ENTERED this 30th day of June, 2009, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM 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 30th day of June, 2009. COPIES FURNISHED: Brian Berkowitz, Esquire Department of Juvenile Justice Knight Building, Room 312V 2737 Centerview Drive Tallahassee, Florida 32399-3100 Stephen M. Todd, Esquire Hillsborough County Attorney’s Office Post Office Box 1110 Tampa, Florida 33601 Frank Peterman, Jr., Secretary Department of Juvenile Justice Knight Building 2737 Centerview Drive Tallahassee, Florida 32399-3100 Jennifer Parker, General Counsel Department of Juvenile Justice Knight Building 2737 Centerview Drive Tallahassee, Florida 32399-1300
The Issue Whether Petitioner's furlough should be revoked based on his failure to comply with the terms of the furlough agreement which he executed on April 6, 1981. Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, the following relevant facts are found.
Findings Of Fact Petitioner, Samuel Grant, is a seventeen (17) year-old male who was furloughed to the Department of Health and Rehabilitative Services, Youth Services Division, on April 14, 1981. At that time he agreed to abide by a furlough agreement which required, inter alia, that he (1) obey all laws; (2) not change or leave his residence, employment, or school, or leave the county without the consent of his counselor or other authorized HRS representatives; (3) that he keep in contact with his counselor and (4) that all instructions of his counselor be carried out. Additionally, he agreed to abide by a 9:00 P.M. curfew on week days and an 11:30 P.M. curfew on weekends; attend community mental health for counseling; attend school or find gainful employment and make weekly contact with his counselor on Wednesdays of each week. (Petitioner's Exhibit 2.) On September 8, 1981, the Youth Services Division revoked Petitioner's furlough agreement based on the following facts: (1) Petitioner failed to obey laws and he gambled for his income; (2) failed to follow instructions of his parents and counselor; (3) continuously violated his curfew and (4) failed to attend school or maintain employment. (Petitioner's Exhibits 1 and 3, and Testimony of Jesse Morris, Petitioner's counselor while furloughed at the Belle Glade Youth Center.) The evidence herein also reveals that Petitioner was expelled from school because he possessed marijuana and his mother testified herein that he violated his curfew on numerous occasions. Petitioner's mother indicated that he spent nights away from home on a number of occasions and that he was afforded an opportunity to work with his father, a contractor, who extended a job offer to Petitioner. Petitioner has repeatedly run afoul of criminal laws from December, 1978, through October, 1980, including, but not limited to: (1) unauthorized use of a motor vehicle; (2) malicious mischief; (3) resisting arrest with violence; (4) possession of burglary tools, night prowling, and (5) burglary and grand larceny. Petitioner does not dispute the above findings; offered that he felt that he was not breaking the law and that he did not consider that it was "right" for him to attend school. He offered no explanation as to his failure to accept the offer of employment extended by his father.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that Respondent's Order of September 8, 1981, revoking Petitioner's furlough, and ordering him to be reassigned to another program or facility as soon as practical, be SUSTAINED. RECOMMENDED this 1st day of February, 1982, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of February, 1982. COPIES FURNISHED: Samuel L. Grant c/o Florida School for Boys Route 7, Box 250 Okeechobee, Florida 33472 K. C. Collette, Esquire Department of HRS 111 Georgia Avenue Third Floor West Palm Beach, Florida 33401
The Issue The issue is whether the Respondent, Department of Juvenile Justice is entitled to repayment for a salary overpayment made to Petitioner.
Findings Of Fact The Department is charged with planning, coordinating, and managing the delivery of all programs and services within the juvenile justice continuum. Mr. Young was an employee of the Department during times pertinent. The Department pays its personnel every two weeks. During pay periods ending January 1, 2004; January 29, 2004, February 12, 2004; and February 26, 2004, Mr. Young, perhaps believing he could be absent using leave from the sick leave pool, did not work and did not qualify for the salary payments he received. Because state salary warrants are paid by exception, he received payments even though he did not submit a time sheet. Subsequently the Department prepared time sheets for Mr. Young. He did not sign these time sheets. By November 3, 2005, the Department determined that five warrants had been issued inappropriately and that he owed the State of Florida $3,875.34. Subsequently, the Department reviewed the records, and after taking into consideration Mr. Young's annual leave and the federal tax paid on his behalf, determined that he owed $2,214.12. The Department, through personnel records, demonstrated that this money was paid in error and should be returned by Mr. Young. Nothing in the evidence indicated otherwise.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered stating that Charles D. Young, II, owes the State of Florida $2,214.12, and requiring the repayment of said sum forthwith. DONE AND ENTERED this 26th day of July, 2006, in Tallahassee, Leon County, Florida. S HARRY L. HOOPER 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 July, 2006. COPIES FURNISHED: Mary Linville Atkins, Esquire Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100 Charles D. Young, II 5364 Young Lane Marianna, Florida 32448 Anthony Schembri, Secretary Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100 Jennifer Parker, General Counsel Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100
The Issue The issue at the hearing was whether Petitioner is entitled to an exemption from disqualification of employment as a person who has direct contact with aged or disabled adults.
Findings Of Fact In 1993, Petitioner was 25 years old. Petitioner was employed by Sunland to care for its disabled clients. Petitioner's duties included direct contact with the clients of Sunland. The background screen revealed that on November 9, 1993, Petitioner plead guilty to two counts of battery (domestic violence). The conviction was the result of a physical altercation between Petitioner and Petitioner's live-in boyfriend, during which Petitioner threw an iron at her boyfriend missing him and striking her 3 year-old child. As a consequence of the conviction, Petitioner was fined the minimum amount and sentenced to two years' probation. She was adjudicated guilty. Contrary to Petitioner's testimony, the evidence showed that Petitioner has had at least two other encounters with the criminal justice system. The greater weight of the evidence showed that Petitioner has a problem with controlling her anger and in controlling her violent response thereto. Based on the record in this case, Petitioner has not established by clear and convincing evidence that she will not be and is not a danger to disabled or elderly persons with which she might come into contact and that she has not learned to control her anger and use of physical aggression. The Petitioner is therefore not entitled to an exemption from disqualification from employment.
Recommendation Based upon the findings of fact and conclusions of law, it is RECOMMENDED: That the Department of Children and Family Services enter a Final Order denying Petitioner, Tammie Collins, an exemption from disqualification from employment. DONE AND ENTERED this 11th day of February, 1999, 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 11th day of February, 1999. COPIES FURNISHED: Steven Wallace, Esquire Department of Children and Family Services Suite 252 2639 North Monroe Street Tallahassee, Florida 32399-2949 Tammie Collins Post Office Box 208 Greenwood, Florida 32444 Gregory D. Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 John S. Slye, General Counsel Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700
The Issue The issue is whether Petitioner should be granted an exemption from employment disqualification, thereby allowing him to work in a position of special trust or responsibility.
Findings Of Fact When Petitioner was a very young child, his mother was a drug addict with a criminal history for stealing. When Petitioner was in the fifth grade, he went to live with his father, a public school teacher, and his grandmother in Palm Beach County, Florida. In December 1989, Petitioner was a 13-year-old middle school student. Petitioner became involved with other boys who had a bad influence on him. On one occasion, Petitioner was present when the group tried to bully another student into giving up his lunch money. The victim did not sustain any significant physical injury. As a result of that incident, Petitioner was charged with attempted strong arm robbery. In a subsequent trial in juvenile court, a circuit judge in Palm Beach County, Florida, determined that Petitioner had committed the delinquent act of battery on a minor as the lessor included charge of attempted strong arm robbery. The judge withheld adjudication of a delinquent act, placing Petitioner in a community control program under the supervision of a counselor. The judge required Petitioner to complete 20 hours in a community service work program. Most importantly, the judge instructed Petitioner to have no further contact with certain people. On August 13, 1990, the circuit judge entered an Order terminating Petitioner's supervision in Case No. CJ-90-0281-JK. The Order states that Petitioner had successfully fulfilled all conditions of the community control program for a reasonable period of time. After graduating from high school, Petitioner went to college in August 1995. From June 1995 through June 1998, Petitioner worked for Target Department Stores in West Palm Beach, Florida. His job title was loss prevention specialist, which involved monitoring the store for shoplifting and preparing data on the inventory losses. Petitioner quit his job with Target Department Stores to attend college at Bethune-Cookman College in Daytona Beach, Florida. While he was enrolled at Bethune-Cookman College, Petitioner became the primary custodian of his infant son. On February 12, 1999, Petitioner was on his way home from class in Daytona Beach, Florida. Based on a case of mistaken identity, Petitioner was stopped and arrested for robbery. Soon thereafter, the authorities realized that Petitioner was not the perpetrator of the robbery. On March 23, 1999, the state attorney for Volusia County, Florida, filed an Announcement of No Information in Case No. 99-30708CFAES, in the Circuit Court, Seventh Judicial Circuit, in and for Volusia County, Florida. The state attorney directed the police department to hold all physical evidence because charges were to be filed against the actual perpetrator. Petitioner's mother was released from prison in 1998. Petitioner and his sister, a public school teacher, decided that they would try to help rehabilitate their mother. On November 11, 1999, Petitioner went to a department store in Volusia County, Florida, with his girlfriend, his mother, his mother's boyfriend, and one of his mother's male friends. Petitioner was the last member of the group to enter the store. Petitioner spoke to his mother and went to the restroom in the store. Petitioner then shopped for a shirt but left the store with the group without buying anything. Clear and convincing evidence indicates that Petitioner and his girlfriend were not engaged in shoplifting while they were in the store. Petitioner's testimony that he was unaware that his mother, his mother's boyfriend, and his mother's other male friend were shoplifting is also clear and convincing. As the group left the store, the store's security officer approached the group, demanding the return of all stolen merchandise. Petitioner immediately showed the security officer that he did not have any merchandise. The security officer gave Petitioner permission to leave the premises. Petitioner's mother, her boyfriend, and her other male friend were in possession of stolen merchandise. The two male friends took off running through the parking lot. Petitioner's mother returned the stolen merchandise in her possession to the security officer and got in the car with Petitioner and his girlfriend. As Petitioner left the parking lot with his two passengers, the police arrived on the scene. Petitioner admitted during the hearing that it was wrong to let his mother leave the premises with him after he learned about her theft of merchandise. Petitioner's girlfriend subsequently returned to the department store to inquire about the boyfriend and other male friend of Petitioner's mother. Petitioner's girlfriend also went to the police station to determine whether the two men had been arrested. After she began to make these inquiries, Petitioner's girlfriend was arrested. About a month after the incident, a warrant was issued for Petitioner's arrest for grand theft. Petitioner turned himself in to the authorities as soon as he learned about the warrant. Petitioner's arrest for grand theft was based on a statement in a police report that merchandise valued at approximately $600 was stolen from the store on November 11, 1999. However, there is no persuasive evidence as to the actual value of merchandise stolen from the store. In regard to the charges against Petitioner for grand theft, Petitioner subsequently entered into a pretrial intervention agreement with the state attorney in the Seventh Judicial Circuit, in and for Volusia County, Florida, in Case No. 99-35807-CFAES. After successfully complying with the terms of the agreement, the state attorney issued a Notice of Completion of Pretrial Intervention and Nolle Prosequi in that case on March 12, 2001. Petitioner graduated from Bethune-Cookman College in July 2000. He earned a bachelor of science degree in criminal justice. On or about May 2, 2001, Petitioner applied for employment with Respondent as a senior juvenile detention officer. He applied for vacant positions at the Volusia County Regional Juvenile Detention Center in Volusia County, Florida, and the St. Johns River Juvenile Detention Center in St. Augustine, Florida. The position of senior juvenile detention officer requires caretaker/direct contact with juveniles. In Petitioner's employment application, he indicated that he had never had the adjudication of guilt withheld to a crime which was a felony or a first-degree misdemeanor. This was not a true statement because adjudication was withheld in Palm Beach County Circuit Court Case No. CJ-90-0281-JK for battery on a minor, which is a first-degree misdemeanor pursuant to Section 784.03, Florida Statutes. Petitioner signed the application, certifying the following in relevant part: I am aware that any omissions, falsifications, misstatements, or misrepresentations about may disqualify me for employment consideration and, if I am hired, may be grounds for termination at a later date . . . I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. By letter dated May 3, 2001, Petitioner advised Respondent's Inspector General that a background investigation would reveal Petitioner's 1990 conviction for battery on a minor as a lesser included offense of strong arm robbery, both of which are disqualifying offenses for employment with Respondent. The purpose of writing this letter was to request an exemption from employment disqualification. Respondent received this letter on or about May 9, 2001. On May 10, 2001, Petitioner signed a notarized application affidavit, which states as follows in pertinent part: I fully understand that in order to qualify as a Juvenile Justice direct care employee, I must comply with the provisions of Section 985.406, Florida Statutes, as follows: * * * 3. Not have been convicted of any felony or of a misdemeanor involving perjury or false statement, not have received a dishonorable discharge from any of the Armed Forces of the United States. Any person who, after October 1, 1999, pleads guilty or nolo contendere to or is found guilty of a felony or of a misdemeanor involving perjury or false statement shall not be eligible for employment or appointment as a direct care employee, not withstanding suspensions of a sentence or withholding of adjudication. * * * In addition, I attest to the following: Yes No I understand that by executing this document I am attesting that I have met the qualifications as specified and have provided documentation of proof of my qualifications to the above listed employing agency. Yes No I have read my employment application and it is true and correct, and all other information I will furnish in conjunction with my application is true and correct. NOTICE: This document shall constitute an official statement within the purview of Section 837.06, Florida Statutes, and is subject to verification by the employing agency and/or the Florida Department of Juvenile Justice. Any international [sic] omission when submitting application or false execution of this affidavit shall constitute a misdemeanor of the second degree and disqualify you from employment as a juvenile justice direct care employee. I hereby certify that to the best of my knowledge and belief, the information that I entered on this form is true. Petitioner signed this affidavit and circled the word "Yes" in the above referenced attestation. On May 10, 2001, Petitioner signed a form giving his consent for Respondent to perform background screening of Petitioner's criminal history, driver's license history, and delinquency reports (juvenile criminal history). The form clearly states that Respondent has access to all criminal records, even those which have been sealed or expunged. On May 10, 2001, Petitioner signed a form entitled Affidavit of Good Moral Character. In this affidavit, Petitioner acknowledged that his record contained "one or more of the disqualifying acts or offenses" listed in the affidavit. Specifically, Petitioner's conviction for battery on a minor in 1990 was a violation of Section 784.03, Florida Statutes. That statute was listed in the affidavit as a disqualifying offense. On or about May 21, 2001, Respondent completed the investigation of Petitioner's background. In addition to the 1999 conviction for battery on a minor, the investigation revealed Petitioner's arrests in 1999 for robbery and grand theft. By letter dated May 25, 2001, Respondent advised Petitioner that he could request a desk review of his background screening application. The letter requested Petitioner to submit the desk review request form and any supporting documentation within 30 days. Specifically, Respondent requested Petitioner to furnish the following in pertinent part: CERTIFIED police reports and/or arrest reports and CERTIFIED judgement/disposition from the Clerk of Courts for disqualifying criminal offense, as well as for any other criminal offenses to which the [sic] you have either pled guilty or no contest or been found guilty. If these documents cannot be obtained, you will need to present certified statements from the courts and law enforcement agencies indicating the records is [sic] not available or does [sic] not exist. Offense Date Authority Arrest 1: Robbery, Reduced 1/16/90 Juvenile to Battery on Adj. W/H Minor A detailed, written and notarized description of the circumstances leading up to and surrounding the disqualifying criminal offense. The time period which has elapsed since the offense. Whether there was any harm caused to victims and the nature of that harm. Your personal history since the offense (work, education, civic, religious history, etc.) And, such other circumstances as shall be sufficient to indicate that you will not present a danger to the safety or well being of juveniles. A statement as to whether you have been involved in any other criminal offenses either prior to subsequent to the commission of the disqualifying offense. . . . Petitioner received this letter on or about June 5, 2001. Petitioner subsequently sent Respondent a form dated June 5, 2001, seeking a desk review of his request for an exemption from disqualification based on the fact that he had clear and convincing evidence to support a reasonable belief that he was of good moral character. Respondent received Petitioner's request on or about June 19, 2001. By letter dated June 13, 2001, Petitioner advised Respondent as follows in pertinent part: Since the commission of the disqualifying offense in my middle school years, I have not been convicted or had adjudication withheld against me on any charges. This letter did not refer to Petitioner's arrests in 1999. By letter dated June 13, 2001, Petitioner provided Respondent with a detailed explanation of the circumstances surrounding the disqualifying offense. Petitioner did not reference his 1999 arrests in this letter. By letter dated June 13, 2001, Petitioner advised Respondent as to his qualifications and desire to work with juveniles. Petitioner did not reference his 1999 arrests in this letter. At Petitioner's request, three professors at Bethune- Cookman College sent Respondent letters of reference for Petitioner. The Mayor of Daytona Beach and Petitioner's then current employer also wrote letters in support of Petitioner's application for employment with Respondent. At least one of the Bethune-Cookman College professors was aware of Petitioner's criminal history, including his arrests in 1999. At some point in time, Petitioner provided Respondent with certified copies of the 1990 Order and Order Terminating Supervision relating to the disqualifying offense. Petitioner also furnished Respondent with copies of the 1999 Announcement of No Information relating the robbery charge and the 1999 Notice of Completion of Pretrial Intervention and Nolle Prosequi relating to the grand theft charge. Additionally, Petitioner provided Respondent with a copy of the police report relating to the grand theft charge. Petitioner never provided Respondent with a written statement explaining his arrests in 1999. By memorandum dated June 20, 2001, Respondent's staff requested Respondent's Inspector General to review Petitioner's background screening file and indicate whether Petitioner's request for an exemption was granted or denied. The Inspector General denied Petitioner an exemption. By letter dated June 21, 2001, Respondent advised Petitioner that his request for exemption from employment disqualification was denied. Petitioner was 25 years old at the time of the hearing. He is currently working as a licensed security guard.
Recommendation Based on the forgoing Findings of Fact and Conclusions of Law, it is ORDERED: That Respondent enter a final order finding that Petitioner is entitled to an exemption from disqualification. DONE AND ENTERED this 28th day of January, 2002, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD 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 28th day of January, 2002. COPIES FURNISHED: Shawnee S. Lawrence, Esquire 1010 West 4th Street Rivera Beach, Florida 33404 Lynne T. Winston, Esquire Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100 William G. Bankhead, Secretary Department of Juvenile Justice Knight Building 2737 Centerview Drive Tallahassee, Florida 32399-3100 Robert N. Sechen, General Counsel Department of Juvenile Justice Knight Building 2737 Centerview Drive Tallahassee, Florida 32399-3100
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, Sylvan L. Stahl, Jr., for an exemption from disqualification from employment in a position of special trust. If the request is approved, Petitioner's wife would be allowed to operate a child day care center in her home, a position she is now barred from holding because her husband has a disqualifying offense and lives in the same household. Respondent, Department of Children and Family Services (DCFS), is the state agency charged with the responsibility of approving or denying such requests. In a preliminary decision entered on February 13, 1998, a DCFS committee denied the request. Petitioner is now barred from employment in which he would have contact with children because of a disqualifying offense which occurred in September 1989. At that time, Petitioner was arrested in Citrus County, Florida, for the offense of armed robbery, a felony under Chapter 812, Florida Statutes (1989). Although the documents pertaining to the offense were not made a part of this record, Petitioner established that in September 1989, he attempted to rob a bank with a firearm. Under a plea bargain arrangement with the prosecutor, he pled guilty to the charge and was sentenced to four and one-half years in prison, to be followed by ten years of supervised probation. Petitioner served only the three-year mandatory minimum sentence, and he then successfully completed his probation after only three years. No person was injured during the incident. After being released from prison, Petitioner worked for three years with a pallet firm owned by his father, rising to the position of supervisor. During his three-year tenure with the firm, Petitioner increased the size of the company from five to twenty employees. For the last six months or so, Petitioner has been employed by Emergency One, an Ocala firm which manufactures fire trucks. He also has a second job with his brother-in-law's landscaping firm. The two jobs require that Petitioner begin his work day at 7:00 a.m. and that he continue working until 1:30 a.m. Petitioner's wife intends to operate a small day care center out of the family home. It is fair to infer that due to Petitioner's lengthy working hours, he will spend little, if any, time at his home while the children are entrusted to his wife's care. Since his arrest and plea of guilty almost nine years ago, Petitioner has had no other blemishes on his record. He has been steadily employed since 1994 in positions of responsibility. Petitioner is married to a minister's daughter, has a young child, and has recently purchased a new home. Letters received in evidence corroborate the testimony of him and his wife that he will pose no threat to children if the exemption is granted. Petitioner expressed remorse for his actions in 1989, calling his conduct "stupid," and indicating he was "confused" at that time. Given his continuous employment history, good conduct during his shortened probation period, stable family life, and the time elapsed since the disqualifying offense, it is found that Petitioner is sufficiently rehabilitated to justify granting the exemption.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Department of Children and Family Services enter a final order granting Petitioner's request for an exemption from disqualification from employment in a position of special trust. DONE AND ENTERED this 14th day of May, 1998, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER 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 14th day of May, 1998. COPIES FURNISHED: Gregory D. Venz, Agency Clerk Department of Children and Family Services Building 2, Room 204Z 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Richard A. Doran, Esquire Department of Children and Family Services Building 2, Room 204 1317 Winewood Boulevard Tallahassee, Florida 32399-0700 Sylvan L. Stahl, Jr. 11848 Southeast 71st Avenue Road Belleview, Florida 34420 Ralph J. McMurphy, Esquire Department of Children and Family Services 1601 West Gulf Atlantic Highway Wildwood, Florida 34785
The Issue Did Petitioner suffer an adverse employment action as a result of an unlawful discrimination by the Department of Corrections (Department) in violation of Subsection 760.10(1)(a) and (7), Florida Statutes?
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: Petitioner is a female, African-American. Petitioner was first employed by the Department from June 8, 1990 through October 10, 1990. Petitioner notified the Department by letter dated October 5, 1990, that she was resigning her position with the Department effective October 11, 1990. Subsequently, Petitioner applied for a position as correctional officer with the Department on April 3, 1998, and again on October 23, 1998, but was not hired on either of these occasions. Petitioner filed a Charge of Discrimination with the Commission on February 3, 1999, alleging that the Department had discriminated against her by denying her employment while hiring less experienced white correctional officers and that the Department had denied her employment in retaliation for her participation in the USA Case against the Department. There is sufficient evidence to show that Petitioner was a member of the class action suit referred to as the USA Case. On September 8, 1999, Petitioner again applied for a position as a correctional officer with the Department and was hired as a correctional officer with the Department on November 15, 1999. However, Petitioner abruptly resigned that position on January 12, 2000, giving unfair treatment as the basis for her resignation. Petitioner's testimony, which is credible, was that sometime in 2000 she applied for a position as a correctional officer with the Department by sending an application to the Tampa Service Center (an administrative branch of the Department) and that the Tampa Service Center requested that she take a pre-employment drug test and physical. Petitioner testified that since the Department requested that she take the pre-employment drug test and physical it was incumbent upon the Department to offer her the position. Petitioner failed to present sufficient evidence to show that the Department's policies required that she be offered a position once she was asked to submit to a pre-employment physical and drug test. Offers of employment by the Department are conditional only and are contingent upon a satisfactory background check. However, before any job offer was extended to Petitioner, the Tampa Service Center closed down and its records were forwarded to the Orlando Service Center (another administrative branch of the Department). Subsequently, Petitioner contacted the Orlando Service Center concerning her application. The Orlando Service Center was unable to locate any application from Petitioner or any data that could have been electronically stored. Nevertheless, sometime during the latter part of 2000, Petitioner was allowed to resubmit her application to the Orlando Service Center and was considered for a position. The Orlando Service Center determined that Petitioner failed the required background check based on Petitioner's short tenures on two previous employment occasions followed by abrupt resignations. Petitioner's application for employment was rejected on this basis. Petitioner presented evidence that an employee of the Department, Scott MacMeeken had resigned on at least two occasions and had been rehired. However, Petitioner failed to present any evidence as to MacMeeken's race or whether MacMeeken was equally or less qualified than Petitioner. Likewise, Petitioner failed to present sufficient evidence to show that white applicants for the positions which Petitioner had applied for but was not hired, were equally or less qualified than Petitioner. Petitioner failed to present sufficient evidence to show that, during the period of time in question, the Department hired less experienced white correctional officers over equally qualified or more qualified non-white correctional officers, or that the Department, in its hiring process, during this period of time, gave preference to white applicants for correctional officer positions over non-white applicants for correctional officer positions. Petitioner failed to present sufficient evidence to show that either her race, African-American, or her participation in any prior law suits, specifically the USA Case, or the filing of the Complaint with the Commission formed the basis for the Department's rejection of her applications in 1998 or 2000.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Commission enter a final order dismissing Petitioner's Petition for Relief. DONE AND ENTERED this 11th day of March, 2002, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Gloria J. Browdy 12042 Villa Road Spring Hill, Florida 34609 WILLIAM R. CAVE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of March, 2002. Violet D. Crawford, Agency Clerk Florida Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303-4149 Ernest L. Reddick, Esquire Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 Gary L. Grant, Esquire Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 Cecil Howard, General Counsel Florida Commission On Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32303-4149
Findings Of Fact Respondent is a certified law enforcement officer and was issued certificate number 13-84-002-01 on July 14, 1984. On September 1, 1988, Respondent was employed as an investigator with the State Attorney for the Ninth Judicial Circuit working in the misdemeanor division. While on duty and driving his employment car on the evening of September 1, 1988, Respondent was in the area of Lee Street and 20th Street in Orlando, Florida. He was in the area attempting to locate a witness as part of a criminal investigation he was conducting. He had previously made the acquaintance of a person named Ruby Burk. He would on occasion drive past her house and stop and they would talk and once previously had engaged in a sex act. On the night of September 1, 1988, he went to Burk's house, talked with her and then left on a futile attempt to locate a witness. He then returned to Burk's residence, picked her up and proceeded to a dark secluded area on an unpaved street which borders an elementary school. Shortly thereafter, while on routine patrol, an Orange County Deputy Sheriff observed Respondent sitting behind the wheel of the state vehicle in a complete state of undress. When she shined her bright lights into the vehicle, the Deputy observed the head of a black female pop up from the direction of the Petitioner's lap. The Deputy recognized Burk and observed that she was fully clothed. The Deputy permitted Respondent to put his pants on before he exited his vehicle. Respondent and Burk were engaging in fellatio in the front seat of the state vehicle. At the time of the incident, Respondent was having marital problems which caused him to be despondent. In mitigation, Respondent demonstrated that he had been a certified law enforcement officer for over four years at the time of this incident and has had no prior disciplinary problems. He has performed his job in private security and as an investigator in an exemplarily capacity. In September 1988, Respondent was discharged by the State Attorney, but was given a favorable recommendation He is presently employed as a Child Protective Investigator with HRS. He is respected by his peers and in his community. The violation of the law and rules by the Respondent was an isolated incident.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty of the following offense: Failure to maintain good moral character, as required by Subsection 943.13(7), Florida Statutes (1989). It is further RECOMMENDED that Respondent's certification be suspended for a period of six months, followed by a probationary period of one year, subject to the successful completion of such career development training and counseling as the Commission may impose. DONE AND ENTERED this 17th day of July, 1990, 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 17th day of July, 1990. 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, 6, 7 (in part), 8, 9, 10, 12, 13, 14, 15, 16 (in part), 17, 18, 19 (in part), 21. Rejected as against the greater weight of the evidence or irrelevant: Paragraphs 7 (that Burk had been convicted of engaging in prostitution on Westmoreland Street), 11, 16 (in part), 19 (in part), 20, 22. Respondent's Proposed Findings of Fact: Accepted in substance: Paragraphs 1, 2, 3, 4, 5 (in part), 6, 7. Rejected as irrelevant or as argument: Paragraphs 5, 8 and 9. COPIES FURNISHED: Elsa L. Whitehurst, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302 Leon B. Cheek, Esquire 101 Sunnytown Road Suite 306 Casselberry, FL 32707 Jeffrey Long, Director Criminal Justice Standards Training Commission Post Office Box 1489 Tallahassee, FL 32302 James T. Moore Commissioner Department of Law Enforcement Tallahassee, FL 32302
The Issue The issue to be resolved in this proceeding is whether Petitioner's name should be cleared.
Findings Of Fact Petitioner, Benny Chestnut, was employed as a correctional officer in 1985 by the Department of Corrections (Department) in the Career Service System. He subsequently obtained permanent status in the classes of Correctional Officer I, Correctional Officer II, Correctional Officer Supervisor, Correctional Officer Supervisor I - Lieutenant, Correctional Officer Supervisor II, Correctional Officer Major, Correctional Officer Colonel, and Correctional Officer Superintendent II. Throughout his career, Petitioner was considered a satisfactory employee. During his career, his employment record reflects only two disciplinary actions which occurred in 1988 and 1989. The 1989 disciplinary action resulted in a 10-day suspension. From June 25, 1997 to July 2, 1999, Petitioner served as assistant warden at the Washington County Correctional Institution. At that time, he served in the classified Career Service System in the class of Correctional Officer Superintendent II. Most of Petitioner's career was on the security side of the institution. In August 1998, Officer Tonya Miller filed a sexual harassment discrimination complaint against Petitioner. The complaint alleged that Petitioner had subjected her to unfair treatment by directing her immediate supervisor to keep her first on call to help with feeding the inmates at 5:00 am. The complaint was based on double hearsay of what Petitioner allegedly said to or instructed another Captain to do regarding calling correctional officers who lived in institutional housing. Because of the Miller complaint, an investigation, No. 98-12315, was begun. From September 1998 through March 1999, various people at the institution, including Miller and Petitioner, were interviewed by the investigator for the Office of Inspector General of the Department. The investigation expanded from the initial Miller complaint to include other alleged incidents involving four other women. A written report of the investigation was completed on April 8, 1999. In 1999, CS/SB 1742, as enacted by the Florida Legislature, amended Section 110.205(2)(l), Florida Statutes. The bill transferred the position of Assistant Superintendent II from career service to select exempt service (SES) and changed the position title from assistant superintendent to assistant warden. In general, employees in SES serve at the pleasure of the agency head and, as such, are subject to dismissal at the discretion of the agency head. Section 110.604, Florida Statutes. In the first half of 1999, Petitioner was employed by Respondent as an Assistant Superintendent II. At some point between April and May 27, 1999, the Department's civil rights review committee met and reviewed the investigative report. The committee found cause to believe that Petitioner had sexually harassed the above-referenced women. By letter dated May 27, 1999, Petitioner was formally notified that disciplinary charges were being brought against him based on the allegations of sexual harassment made by Tonya Miller, Jareetha French, Lori Whitfield, Tracy Barnes and Pamela Jackson. Because Petitioner was still employed under career service, the letter advised Respondent that he had a right to request a predetermination conference. The next day, Petitioner was notified by letter dated May 28, 1999, that his position would be transferred from career service to SES. On June 3, 1999, Petitioner requested a predetermination conference on the disciplinary charges being proposed against him. By letter dated June 16, 1999, Petitioner was officially appointed by the Department to the position of assistant warden under the SES system. Also by a separate letter dated June 16, 1999, Petitioner was advised that the requested predetermination conference was scheduled for July 1, 1999. The letter advised Petitioner that he could present relevant information and or affidavits at the predetermination conference. The letter states that a final decision on the disciplinary charges would not be made until after "all the facts are carefully considered." By letter dated June 21, 1999, Petitioner was advised that the date for the predetermination conference had been changed from July 1 to July 9, 1999. The letter indicates that the change in dates was made at the request of Petitioner's attorney. On or about July 2, 1999, the Department notified Petitioner that his services as assistant warden were terminated as of 5:00 p.m., on July 2, 1999. No reason was stated in the letter. Because Petitioner had been dismissed under the SES, Petitioner was not afforded any administrative or evidentiary hearing on the loss of employment or the charges of sexual harassment. The predetermination conference was never held and no facts were ever finally determined by the Department. On July 23, 1999, the Department completed a Corrective Action/Disposition Report on Case No. 98-12315. The report reflects that the Department believed there was cause to believe the alleged sexual harassment/misconduct occurred. Even though no facts were ever determined by the Department, the disposition report finds the allegations of sexual harassment substantiated and indicates that Petitioner was terminated on July 2, 1999. The CJSTC grants to individuals law enforcement certification and, as such, takes action to revoke an individual's certification for cause as defined by statute. At the time of Petitioner's dismissal, he held an auxiliary law enforcement certification which is equivalent to inactive certification. Petitioner's certification was auxiliary because active certification is not necessary in the position of assistant superintendent or assistant warden. Pursuant to Section 943.139(1) and (2), Florida Statutes, the Department is required to notify the Public Employees Relations Commission when an officer has separated from employment and the reason for that separation. Petitioner's license was listed on an annual audit of the Department's employees' CJSTC licensure status. Because of the audit, Respondent notified CJSTC that Petitioner had been dismissed for sexual harassment. By letter dated October 25, 2000, from the Criminal Justice Professionalism Program of the Florida Department of Law Enforcement (FDLE), Petitioner was notified that Respondent reported to the CJSTC that it had disciplined Petitioner by terminating his employment for the offense of sexual harassment. Since such misconduct is not the type of conduct for which CJSTC disciplines a licensee, no action, other than noting the dismissal and the reason for the dismissal in Petitioner's record, was taken by CJSTC. These records are reviewed by potential law enforcement employers. Thus, Petitioner is subject to harm from this information, if it is incorrect. As indicated, a total of five women "complained" that Petitioner had sexually harassed them. However, it is unclear from the evidence or the investigative file whether the four women, other than Tonya Miller, filed any formal complaints against Petitioner. Many of the complaints centered around invitations to lunch and parties at a landing close to where Petitioner's houseboat was docked. The evidence showed that Petitioner extended these types of invitations to male and female co-workers and subordinates. There was no evidence that Petitioner asked for any sexual favors at any luncheon or lakeside/houseboat party or that these invitations were extended for such a purpose. Indeed, when the invitations are put into context, they were not extended for any reason other than an attempt by Petitioner to include most of the people he worked with in going to lunch or cookouts he was putting on for the institution's staff. There was no evidence that Petitioner made any offensive remarks at any such luncheon or party. The alleged parties/cookouts at the landing were family affairs. Children were present, spouses attended together. All the witnesses testified that Petitioner conducted himself appropriately at these parties. Occasionally, some vulgarities occurred at these parties, but these activities were not attributed to Petitioner. Moreover, these cookouts were not work-related. The principal complainant was Tonya Miller. Ms. Miller is not known to be a credible person. Both, at the hearing and in her statements to the investigator, Ms. Miller seemed more interested in airing the alleged complaints of others, especially those of Jareetha French. Ms. French did not testify at the hearing, and a review of her statement to the investigator does not contain any facts which would demonstrate that Petitioner ever sexually harassed Ms. French either on or off the job. The complaints, as best as could be discerned from the investigative file, referred to a Christmas party that must have been held around Christmas of 1995, and an allegedly unsolicited appearance of Petitioner at a lake where Ms. Miller, Ms. Barnes, and Ms. Whitfield were boating or jet skiing. In all instances the dates of these incidents' occurrences were unclear but seemed to be old. None of these alleged incidents were job-related or had any impact on the complainants' employment. Moreover, like Ms. Miller, neither Whitfield nor Barnes is considered to be a truthful person. Ms. Miller's initial complaint regarding feeding inmates was not established by any evidence then or now. The Christmas party incident allegedly occurred when Petitioner attended a Christmas party that Miller, Whitfield, and Barnes were having at their home on the institution's grounds. Petitioner had been invited to join them for a drink. All participants at the party were drinking alcohol. Allegedly, Petitioner arrived intoxicated and with an allegedly obvious erection. At some point, Petitioner asked one of the three women to "come sit on Santa's lap and tell him what she wanted for Christmas," or words to that effect. Everyone was laughing and joking with each other and Petitioner left the party. Afterwards, Miller, Whitfield, and Barnes engaged in a mock fight on the floor which involved sexually suggestive acts. At the hearing, Ms. Barnes recanted her earlier statement regarding Petitioner's Santa comment and testified that Petitioner did not make the statement. Ms. Miller maintained that Petitioner did make the Santa statement. Petitioner denied he made the statement. The more convincing evidence is that the statement was not made. Miller and several of her friends and, at times roommates, Lori Whitfield and Tracy Barnes, frequently used vulgarities such as "MF" and referred to each other as "my bitch, whore dog, etc." These vulgarities were used in front of others while they were at work in the institution. At home, in the presence of other co-workers, Miller, Whitfield, and Barnes engaged in play fights involving pretend sexually suggestive acts. All three women drank alcohol and were known to drink alcohol in front of others and, themselves, become intoxicated. All three, both to Petitioner and in referencing Petitioner to others, referred to Petitioner as Uncle Benny. Whitfield and Barnes borrowed Petitioner's truck and camping equipment. Petitioner had no sexual interest in either Miller, Whitfield or Barnes. In fact, Whitfield and Barnes maintained a romantic relationship with each other which Petitioner respected. However, even if Petitioner had made such a statement, the statement was not work-related and had no impact on any of these women's employment. Clearly none of these women had been sexually harassed by or even remotely offended by any comments Petitioner may or may not have said at their party. Mr. Chestnut's appearance at the lake occurred because he was asked to attend and provide directions to the lake by Paul Steverson, a correctional officer who had been invited to the lake. At the time of the lake visit, Petitioner was recovering from an operation on his heel. Petitioner came with Mr. Steverson and sat on the bank while the others played. Unlike the others, he had no beer to drink. Mr. Steverson heard no complaint from any of the women about Petitioner's appearance. Again, as with all the complaints, the evidence did not demonstrate any conduct on the part of Petitioner which constituted sexual harassment.
Recommendation Based upon the following findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered by the Respondent Department of Corrections clearing Petitioner Benny Chestnut's name and notifying the Florida Department of Law Enforcement that any reference to substantial sexual harassment charges as the underlying reason for the termination of Petitioner's employment be removed from his record. DONE AND ENTERED this 1st day of February, 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 1st day of February, 2002. COPIES FURNISHED: R. Beth Atchison, Esquire Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 Ben R. Patterson, Esquire Patterson and Traynham 315 Beard Street Post Office Box 4289 Tallahassee, Florida 32315-4289 Michael W. Moore, Secretary Department of Corrections 2601 Blairstone Road Tallahassee, Florida 32399-2500 Louis A. Vargas, General Counsel Department of Corrections 2601 Blairstone Road Tallahassee, Florida 32399-6563
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
