The Issue Whether Respondent, Herman L. Tyler, failed to fulfill provisions of a Stipulation and Settlement Agreement entered into between the parties, dated February 22, 2005, that became part of a Final Order of Petitioner, Department of Law Enforcement, Criminal Justice Standards and Training Commission; and, if so, what discipline should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing, the following findings of fact are made: Respondent is a state-certified law enforcement officer and instructor holding certificates in each area of certification. On May 10, 2005, Petitioner issued a Final Order adopting a Stipulation and Settlement Agreement between the parties. The Stipulation and Settlement Agreement specifically states in paragraph 2, the following: The Respondent agrees as a condition of settlement of this cause to a one-year period of probation of his Instructor Certificate beginning fifteen days following entry of a final order in this cause. The Stipulation and Settlement Agreement specifically states in paragraph 3, the following: As a condition of probation, the Respondent shall enter into and provide Staff with proof of successful completion of Criminal Justice Standards and Training Commission or Staff-approved course in ethics prior to the expiration of the term of his probation. As noted above, the Final Order required Respondent to provide proof of his completion of an approved ethics course within a one-year period of probation. The Respondent failed to provide proof of completion of an approved ethics course as required.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Department of Law Enforcement, Criminal Justice Standards and Training Commission, enter a final order revoking Respondent, Herman L. Tyler's, instructor certificate. DONE AND ENTERED this 11th day of June, 2007, in Tallahassee, Leon County, Florida. S JEFF B. 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 11th day of June, 2007. COPIES FURNISHED: Linton B. Eason, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Herman L. Tyler Michael Crews, Program Director Division of Criminal Justice Professionalism Services Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue Whether Respondent violated Sections 943.1395(6), (7), and 943.13(7), Florida Statutes, and Rules 11B-27.0011(4)(c) and 11B-20.0012(1)(f), Florida Administrative Code.
Findings Of Fact Respondent, Michelle Mann (Mann), was certified by the Petitioner, Department of Law Enforcement, Criminal Justice Standards and Training Commission (Department) on October 11, 1991, and was issued Correctional Probation Officer Certificate Number 122933 and Instructor Certificate Number 595-40-7895. Mann was employed by the Florida Department of Corrections as a correctional probation officer in December 1994 until her resignation in February 7, 1997. Dwight Williams, aka Dwight Moment is an inmate with the Florida Department of Corrections. In December 1994, Dwight Williams was on probation with the Florida Department of Corrections for the charge of conspiracy to traffic cocaine. Mann was assigned as Mr. Williams' probation officer on December 18, 1994. This was the first time that Mr. Williams and Mann had met. From December 1994 through December 1996, Mann was Mr. Williams' supervising probation officer. Between December 1994 and November 27, 1996, Mann initiated and engaged in a physical relationship with Mr. Williams, which included hugging, kissing, and sexual relations. During this time, Mann and Mr. Williams went to hotel rooms and had sexual relations between fifteen and twenty times.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED a Final Order be entered revoking Michelle F. Mann's Correctional Probation Certificate Number 122933 and Instructor Certificate Number 595-40-7895. DONE AND ENTERED this 22nd day of March, 1999, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 22nd day of March, 1999. COPIES FURNISHED: A. Leon Lowry, II, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 James D. Martin, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michelle Mann 1556 Northwest 5th Street Fort Lauderdale, Florida 33311
Conclusions THIS MATTER came before the Construction Industry Licensing Board (hereinafter referred to as the “Board”) pursuant to Sections 120.569 and 420.57(2), Florida Statutes, on April 10, 2008, in Indialantic, Florida, for consideration of the Administrative Complaint (attached hereto as Exhibit A), in the above styled case. Petitioner has filed a Motion for Final Order. Petitioner was represented by Jeff Kelly, Esquire. Respondent was present. Upon consideration, the Board FINDS: 1. The Petitioner’s Motion is granted. 2. The material facts are not in dispute. 3. The allegations of fact set forth in the Administrative Complaint are approved, adopted, and incorporated herein by reference as the Board's Findings of Fact. 4. The conclusions of law alleged and set forth in the Administrative Complaint are approved, adopted, and incorporated herein by reference as the conclusions of law of (A) Respondent is required to appear before the Probation Committee of the Board at such times as directed by the Board Office, approximately every six (6) months. Respondent's first probationary appearance requires a full day attendance at the Board meeting. In connection with each probation appearance, Respondent shall answer questions under oath. In addition, Respondent shall provide such other information or documentation as is requested by either the Petitioner, Department, the Board or the Probation Committee. Respondent shall forward said documentation to the Board:at least - 30 days in advance of the probation appearance or as otherwise directed. for 4 -(B) The burden shall be solely upon’ Respondent to remember the requirement for - said appearance and to take the necessary steps in advance of said appearance to contact the Board office and ascertain the specific time, date, and place of said appearance. Respondent shall not rely on notice of said appearance from the Board or the Department. (C) Should Respondent violate any condition of the probation, it shall be considered a violation of Section 489.129(1)(i), Florida Statutes, and shall result in further disciplinary action by the Board. (D) Should the Respondent fail to make a satisfactory appearance as determined by the Board, the term of the probationary period shall automatically be extended by six (6) months. If there occurs a second such failure then the term of probationary period will be extended an additional year. Should the Board determine a third failure of the Respondent to make a satisfactory appearance, the stay of suspension of the Respondent's license to practice contracting shall be lifted and the license shall remain in suspended status unless and until a further stay is granted by the Board. (E) Should Respondent's license to practice contracting be suspended or otherwise placed on inactive status, the probation period shall be tolled during the period of the suspension or inactivity and shall resume running at the time the suspension is stayed or Respondent reactivates the license and Respondent shall serve the time remaining on the term of probation. . (F) To ensure successful completion of probation, Respondent's license to practice contracting shall be suspended for the period of probation, with the suspension stayed for the period of:probation. ‘The time-of the suspension and ‘the stay shall run concurrently” ~~ --with the period of probation. If Respondent-successfully completes probation, the’ »- - suspension shall terminate.’ If Respondent fails to comply with the requirements set forth in the Final Order imposed in this ‘case, or fails to make satisfactory appearances as determined by the Board, the stay shall be lifted. Once the stay is lifted, the license shall remain in suspended status unless and until a further stay is granted by the Board. 5. In addition, Respondent shall complete seven (7) additional credit hours of continuing education which must be related specifically to Chapter 489 and related rules, within this renewal period. The seven (7) hours ordered shail be in addition to the continuing education required by Rule 61G4-18.001, F.A.C. Proof of the seven (7) additional hours must be supplied directly to Executive Director of the Construction Industry Licensing Board at 1940 N. Monroe Street MS# N14, Tallahassee, FL 32399-1039. Failure to provide such proof direct to the Executive Director will result in a violation of this Order. 6. Achangein licensure status, including the suspension, revocation, voluntary relinquishment, or involuntary relinquishment of license does not relieve Respondent of the obligation to pay any fines, costs, interest or restitution imposed in this Order. This Final Order shall become effective upon filing with the Clerk of the Department of Business and Professional Regulation. DONE AND ORDERED this O; day of oe , 2008. RAYMOND R. HOLLOWAY, Chair Construction Industry Licensing Board
Findings Of Fact Petitioner is an inmate incarcerated at Sumter Correctional Institution near Bushnell, Florida. The Petitioner was convicted for sexual battery and robbery in proceedings before the Circuit Court of the Seventh Judicial Circuit, State of Florida. On April 23, 1976, he was sentenced to serve 20 years for robbery and five years for sexual battery. Petitioner is presently incarcerated in accordance with these commitment orders. On December 19, 1979, Petitioner was interviewed by an examiner of the Parole and Probation Commission for the purpose of recommending a presumptive parole release date (PPRD). Under the Commission rules then in effect, the examiner was to consider the gravity of the offense for which the Petitioner was sentenced, establish a "salient factor score" and consider any aggravating or mitigating circumstances. The examiner classified the offense as "greatest (most serious II)." He set the salient factor score as one. The examiner recommended setting the PPRD at the top of the appropriate range given the offense characteristic and salient factor score, and further recommended aggravating this period because of the concurrent conviction for robbery. The examiner recommended a PPRD of September 7, 1982. The Parole and Probation Commission reviewed the recommendation and considered the robbery conviction as being a greater aggravating factor than applied by the examiner. The Commission set the PPRD for February 25, 1986. Petitioner sought further review of the PPRD by the Commission and was unsuccessful. Petitioner has also been unsuccessful in pursuing judicial relief in connection with the PPRD. Commission Rule 23-19.01(5), Florida Administrative Code, as applied to the Petitioner, provided: If present offense of conviction involved multiple separate offenses, the severity level shall be based on the most serious of the offenses, and the other offenses may be used as aggravating factors. This shall be applied to both consecutive and con- current sentences. In adopting its rules, the Commission sought to develop criteria to predict the likelihood of successful parole. An inmate's history is the most reliable predictive device. Statistically, an inmate who has been convicted for more than one offense is a greater parole risk than an inmate who has been convicted for only one offense. The Commission's rule is thus a reasonable device for predicting the likelihood of successful parole.
The Issue The issue is whether Respondent is guilty of failing to maintain good moral character, in violation of Section 943.1395(7), Florida Statutes, and, if so, what penalty should be imposed.
Findings Of Fact Petitioner certified Respondent as a correctional probation officer on February 1, 1991, and as a criminal justice training instructor on December 7, 1999. Her respective certificate numbers are 20851 and 205697. Respondent was first employed by the Department of Corrections (DOC) on August 10, 1990. She was employed as a correctional probation officer. As a result of promotions, Respondent became a DOC Correctional Probation Specialist in February 1995, so that she was responsible for, among other things, various administrative duties, such as handling citizens' complaints of employee misconduct and coordinating training events. In April 2001, Respondent filed a charge with the Equal Employment Opportunity Commission, alleging that DOC forced her to work in a hostile environment. On February 15, 2002, Respondent, alleging the same facts, commenced a legal action against DOC in the United States District Court, Southern District of Florida, Case No. 02-60236-CIV. As part of the federal litigation, DOC filed a motion for summary judgment, arguing, in part, that Respondent's complaint failed to claim damages. In response, on March 28, 2003, Respondent, representing herself, filed a lengthy affidavit, to which she personally attested. In the affidavit, Respondent swore to the following statement: I requested assistance from management [following the departure of the other Correctional Probation Specialist from Respondent's office and DOC's failure to fill the empty position], but they refused to assign another Specialist to the office to assist me. As a result I had to work an average of five hours per week extra in overtime without pay to properly supervise this caseload to prevent from being reprimanded, suspended or terminated by [DOC]. I was not paid for this time. The evidence is clear that Respondent did not work overtime, with or without pay. The Correctional Probation Supervisor who directly supervised Respondent at the time testified at the hearing. Obviously not hostile to Respondent, the supervisor testified definitively that during the relevant period in the affidavit--March 2, 2001 through May 9, 2002--she was intimately familiar with Respondent's work, including her itinerary and travel logs. The supervisor testified that Respondent incurred no overtime whatsoever during this period, and this testimony is credited in its entirety. Respondent's sworn statement in the affidavit is false and was false at the time that Respondent made it. Respondent's sole purpose in making this false statement was to deceive the court and show an element of damages that did not, in fact, exist. DOC terminated Respondent on August 1, 2003. She has not since worked in a job that requires certification from Petitioner.
Recommendation It is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order suspending Respondent's certificates as a correctional probation officer and criminal justice training instructor for one year retroactive to August 2, 2003; placing these certificates on probation for two years from the date of the final order; and requiring Respondent to attend an ethics course approved by Petitioner. DONE AND ENTERED this 18th day of January, 2006, 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 18th day of January, 2006. COPIES FURNISHED: Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Joseph S. White Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Faye E. Wright-Simpson
The Issue At issue is whether Respondent committed the offense set forth in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact Since September 26, 1986, Respondent, Dock Heidelberg, Jr., has been certified by Petitioner, Criminal Justice Standards and Training Commission, as a correctional officer, certificate number 48931. On May 11, 1990, Otis James Lawrence, a police officer employed by the City of Opa Locka, Dade County, Florida, was engaged, under cover, in a reverse sting operation. At or about 8:30 p.m. that date, Officer Lawrence was approached by Respondent, who asked if he could get "a bag of weed," referring to cannabis (marijuana). Officer Lawrence guided Respondent into a hallway area where he gave Respondent a small plastic baggie of cannabis, less than 5 ounces, in exchange for $7.00 in United States currency. Officer Lawrence then identified himself and placed Respondent under arrest for the purchase and possession of cannabis, as proscribed by Section 893.13, Florida Statutes. On December 16, 1993, in the County Court in and for Dade County, Florida, Case No. 90-69237, Respondent pled nolo contendere to the charge of unlawful possession of cannabis. The court found the Respondent guilty of the charge, but withheld adjudication, and assessed costs of $108.00. As for the charge of purchasing cannabis, no action was taken by the court. On March 26, 1996, during the course of Respondent's annual evaluation as a correctional officer employed at South Florida Reception Center, a FCIC report was obtained which revealed the aforesaid arrest. At the time, no information regarding the arrest was documented in Respondent's personnel file. Upon receipt of the information regarding Respondent's arrest, the matter was referred to a senior inspector with the Department of Corrections for investigation. That investigation was terminated when, on April 2, 1996, Respondent resigned his employment at South Florida Reception Center.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be rendered which finds Respondent guilty of having failed to maintain good moral character, as defined by Rule 11B-27.0011(4)(b), Florida Statutes, and therefore subject to disciplinary action for having violated the provisions of Section 943.1395(7), Florida Statutes. For such violation, it is RECOMMENDED that the penalty set forth in paragraph 20, above, should be imposed. It is further RECOMMENDED that the Final Order find Respondent not guilty of all other charges raised by the Administrative Complaint. DONE AND ENTERED this 9th day of June, 1998, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK 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 9th day of June, 1998. COPIES FURNISHED: Karen D. Simmons, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Dock Heidelberg, Jr. A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue Whether Respondent committed the violations alleged in the Administrative Complaint issued against her and, if so, what penalty should be imposed.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: Respondent is now, and has been since November 29, 2001, certified as a correctional officer in the State of Florida. She holds Correctional Certificate Number 2000056. Javeres Kendrick and Willie Kendrick are Respondent's brothers. Respondent has lived in the same residence as her brother Javeres her entire life. Since February of 1999, when they were placed on probation for committing the felony crime of lewd and lascivious assault on a child under 16 years of age, Javeres Kendrick and Willie Kendrick have been under the supervision of the Florida Department of Corrections (DOC). On or about November 27, 2000, Respondent completed and submitted to the Department of Corrections (DOC) a Correctional Officer/Correctional Probation Officer Supplemental Application. At the time, she did not have any training or experience as correctional or probation officer. Question 4 on this employment application asked: Do you have a business or personal relationship with anyone presently incarcerated or under the supervision of the Florida Department of Correction's system? If yes, give name, relationship, and place of incarceration/supervision. Respondent answered this question by checking "No." In doing so, she believed that she was providing accurate information to DOC. Although she was aware that her brothers were on probation, she did not understand them to be "incarcerated or under the supervision of the Florida Department of Correction's system," within the meaning of the question, because they were not in state prison. Furthermore, in her mind, she had a familial, not a "business or personal relationship" with her brothers.3 Respondent was ultimately employed by DOC as a correctional officer and assigned to Broward Correctional Institution (BCI). On September 18, 2003, a team of DOC correctional probation officers (Team), consisting of Raul Fernandez, Sara Bermudez, and Juan D'Elia, accompanied by local law enforcement officers, including David Torres of the Miami-Dade County Police Department, went to the residence of Javeres Kendrick at 4270 Northwest 197th Street, Miami, Florida, to conduct a "pre- planned sex offender compliance check." The purpose of the Team's visit was to ascertain whether Mr. Kendrick was in compliance with the terms and conditions of his probation. When the Team arrived at the residence, Mr. Kendrick was outside washing a vehicle. The Team members exited their vehicles and walked up to Mr. Kendrick. They identified themselves as correctional probation officers and told Mr. Kendrick that they were there to make sure that he was in compliance with the terms and conditions of his probation. To do so, they advised him, they needed to search his bedroom (which they were authorized to do by the court order placing Mr. Kendrick on probation). Mr. Kendrick responded that his bedroom was "a mess" and that he wanted "to go and clean [it] up" before the Team conducted its search. Despite being told that he "couldn't do that," Mr. Kendrick "bolted" away from the Team members and went "inside the house." Officers Fernandez and D'Elia followed Mr. Kendrick to the front door of the residence, where they were met by Respondent, who "intercepted" them and blocked their paths, thereby "prohibit[ing] [them] from entering [the residence] immediately." While standing in their way and interrupting their pursuit of Mr. Kendrick, Respondent, using profanity, yelled at Officers Fernandez and D'Elia in a "hostile and belligerent" manner, expressing her strong displeasure over their presence at the residence. She told them that they "had no right to be there," adding that "every time [they] show[ed] up there [they] always w[ound] up arresting her brother."4 Respondent was asked at least twice to "please move," which she finally did, albeit "in a very slow and deliberate manner." Officer Fernandez instructed Respondent to "take the children out of the residence and to wait outside until [the Team] conducted [its] search." With Respondent out of the way, Officer Fernandez and D'Elia entered the residence. Officer D'Elia spotted Mr. Kendrick "in the second bedroom on the left." Mr. Kendrick had his hand in a chest drawer. While Officer D'Elia "secured" Mr. Kendrick, Officer Fernandez searched the drawer and found "paraphernalia used for the pack[ag]ing of narcotics" and baggies containing what appeared to be cocaine and marijuana. After this discovery was made, Respondent came into the bedroom (contrary to the instructions she had been given) and asked "how much longer [the Team] had left." A conversation between Officer Fernandez and Respondent ensued, during which Officer Fernandez informed Respondent about "the narcotics that were in the drawer." Upon being so informed, Respondent, with the intent to deceive the Team, falsely claimed that the bedroom in which the "narcotics" had been found was not her bother Javeres' bedroom. Rather, she told Officer Fernandez and the other Team members, the bedroom had last been occupied by her uncle, who "had wound up going to jail." As the Team was leading him away from the residence, Mr. Kendrick asked Respondent to "retrieve" for him from "his room" a pair of pants, socks, and tennis shoes that he could wear in jail. Complying with this request, Respondent, followed by Officer Bermudez, went straight to the bedroom in which the "narcotics" had been found (which was Mr. Kendrick's bedroom, contrary to what Respondent had previously claimed) and "retrieve[d]" the items her brother had requested. During her dealings with the Team that day, Respondent revealed that she was a correctional officer at BCI. Upon returning to his office, after having "finished processing Mr. Kendrick and logging in the evidence" seized from Mr. Kendrick's bedroom, Officer Fernandez complained to his supervisor about Respondent's hostile and obstructive conduct during the Team's "compliance check" at Mr. Kendrick's residence earlier that day. Inasmuch as Respondent was a DOC employee, Officer Fernandez's supervisor referred the matter for an internal affairs investigation pursuant to DOC policy. Scott Thomas, a senior prison inspector with DOC, conducted the investigation. As part of his investigation, Inspector Thomas reviewed the contents of Respondent's DOC personnel file (including the employment application she had submitted on November 27, 2000) and obtained sworn affidavits from Officers Fernandez, Bermudez, and D'Elia. In addition, on November 12, 2003, he interviewed Respondent under oath. During the interview, among other things, Respondent repeated the falsehood that the bedroom in which the "narcotics" had been found during the September 18, 2003, "compliance check" was not her brother Javeres' bedroom. In addition, she falsely denied ever having used "profanity towards the [Team] members" conducting the "compliance check" and further falsely denied that that the Team members, during the September 18, 2003, "compliance check," ever told her to "wait outside the house." Respondent made these statements to Inspector Thomas knowing that they were not true. Inspector Thomas determined from his investigation that Respondent had "provided untruthful information" on her November 27, 2000, employment application and that she had engaged in "conduct unbecoming" a DOC employee during the September 18, 2003, "compliance check" at her residence. Based on the findings of Inspector Thomas' investigation, Respondent's employment with DOC was terminated.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Criminal Justice Standards and Training Commission issue a Final Order finding Respondent guilty of Allegation Two and Three and, based on these findings of guilt, revoke her certification. DONE AND ENTERED this 21st day of June, 2005, in Tallahassee, Leon County, Florida. S STUART M. LERNER 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 June, 2004.
Findings Of Fact The Respondent is now and was at all times material to the allegations in the Administrative Complaint, a licensed Registered Nurse in the State of Florida, license number 71601-2. On April 13, 1982, Respondent's Florida nursing license was placed on probation. On April 13, 1982, the Florida State Board of Nursing entered a Final Order placing the Respondent's license on probation for two years, with the following terms and conditions. The licensee shall not violate any applicable federal or state laws, or rules or orders of the Board of Nursing. For the duration of the probationary period, the licensee will report immediately (within seven calendar days) either by telephone or letter to his/her probation supervisor assigned by the Department, and by certified registered mail to the Department of Professional Regulation, Attention Administrator, Office of Investigative Services, 130 North Monroe Street, Tallahassee, Florida 32301, by license number and licensed name, any change in Respondent's residence address; any change in Respondent's employment (including address); and any arrests. If employed as a nurse, the licensee will be responsible for causing reports to be fur- nished by his/her employer to the Board or the probation supervisor, relative to the licensee's performance, and any problems. These reports shall be submitted every 3 months during probation as scheduled by the probation supervisor. The licensee shall not consume alcohol while on duty as a nurse, nor function as a nurse while under the influence of alcohol. The licensee shall obtain/continue counseling with a psychiatrist, psychologist or other recognized drug/alcohol rehabilita- tion program, and shall cause progress reports to be furnished to the Board or probation supervisor every 3 months during treatment as scheduled by the probation supervisor. Any deviation from the requirements of this probation without the prior written consent of the Board or the Department shall constitute a violation of this probation. Upon a finding of probable cause that a violation of this probation has occurred, the licensee's license to practice nursing in this state shall be immediately and automatically suspended pending the licensee's appearance before the next Board meeting, or such subsequent meeting as may be mutually agreed upon between the licensee and the Department. The licensees will be given notice of the hearing and an opportunity to defend. The Petitioner assigned Investigator Gerry Padgett to be Respondent's probation supervisor. During 1982, the Respondent satisfactorily complied with the terms of her probation. During the latter part of January, 1983, Respondent received a letter from the Board of Nursing indicating that she had not complied with the probationary terms. After receipt of the letter, Respondent went to see her probation supervisor, who in turn informed the Board of Nursing that the Respondent was, in fact, in compliance with the probationary terms. At that meeting in late January 1983, between Respondent and her probation supervisor, the latter told Respondent that she would be seeing her in three months. Prior to that meeting, Respondent had made appearances in her probation supervisor's office every three months. The next date which the probation supervisor had scheduled to see Respondent was April 1, 1983. There was no clear evidence adduced to show that the scheduled date of April 1, 1983, was communicated to Respondent, and she denied being told specifically to return on April 1, 1983. However, Respondent acknowledged that she knew that she was to see her probation supervisor sometime during April 1983. For several months prior to April 1983, Respondent had been employed by Indian River Memorial Hospital. The last day that Respondent worked at Indian River Memorial Hospital was April 19, 1983. On April 27, 1983, the Respondent admitted herself to the Heritage Health Corporation, an alcohol treatment program located in Sebastian, Florida, to he treated for alcohol abuse. At that time, according to the Respondent's own testimony, she could not have functioned as a nurse due to alcohol impairment. The program in Heritage Health Corporation was a 30 day in-patient alcoholic rehabilitation program. During the Respondent's stay at the Heritage Health Corporation, her employment with Indian River Memorial Hospital was terminated. The Respondent did not report her change in employment status nor her change in residence or entry into an alcohol rehabilitation program to her probation supervisor as required by the above quoted order of probation. On May 18, 1983, after not having beard from the Respondent, her probation supervisor attempted to locate her, and did in fact locate Respondent at the Heritage Health Corporation facility. At that time, Respondent informed the probation supervisor that her employment with the Indian River Memorial Hospital had been terminated. The meeting between the probation supervisor and Respondent on May 18, 1983, was the last time until the formal bearing in this matter that the Respondent reported any information to her probation supervisor. On or about June 20, 1983, the Respondent moved her residence address from Vero Beach to Sebastian, Florida. Three weeks prior to the formal bearing in this matter, the Respondent moved her residence address from Sebastian, Florida to Orlando, Florida. Neither changes of residence address were forwarded by Respondent to her probation supervisor or to the DPR administrator, as required by the order of probation. However, she reported the move from Vero Beach to Sebastian, Florida directly to the Board of Nursing office in Jacksonville. Respondent never received written consent to deviate from the terms of the order of probation.
Recommendation Based on the foregoing, it is RECOMMENDED that Respondent's license as a Registered Nurse be suspended until such time as she demonstrates to the Board of Nursing her fitness to practice nursing. This demonstration should include a psychological or psychiatric evaluation, along with a recommendation from a licensed mental health care professional, that Respondent be reinstated. Upon reinstatement, Respondent should be placed on probation with generally the same terms as her previous probation, along with any other reasonable terms, such as urine or blood screens as appropriate under the circumstances. DONE and ENTERED this 16th day of March, 1984, in Tallahassee, Florida. R. T. CARPENTER 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 16th day of March, 1984.
