The Issue Whether Respondent, the Department of Juvenile Justice (the Department or Respondent), provided Petitioner, the County of Volusia (Volusia County or Petitioner), a point of entry to challenge the Department's 2008-2009 reconciliation regarding Volusia County and the Department's shared costs for secure detention care for juveniles.
Findings Of Fact The State of Florida is responsible for providing detention care to juveniles. Volusia County and the Department have a joint obligation to contribute to the financial support of juvenile detention care pursuant to section 985.686(1), Florida Statutes.1/ Volusia County is a political subdivision of the State of Florida and is mandated by section 985.686(3) to pay the costs of providing detention care for juveniles only for the period of time prior to final court disposition, exclusive of certain costs as set forth in the statute. The State of Florida is responsible for all other costs of secure juvenile detention. The Department is responsible for administering the cost-sharing requirements. Any difference between the estimated costs and actual costs paid by Petitioner shall be reconciled by Respondent at the end of each fiscal year pursuant to section 985.686(5). The administrative rules enacted by the Department provide that a county is to be given a credit for any overpayment. Volusia County paid $3,739,325 in twelve monthly payments of $311,610.38 based on the Department's fiscal year 2008-2009 Secure Detention Cost Share Estimate. On or about December 7, 2009, the Department issued its Annual Reconciliation for fiscal year 2008-2009, which set forth Volusia County’s FY 2008-2009 share of the year-end cost of secure detention, and assigned Petitioner a credit for overpayment in the amount of $111,040.17. On invoice number 201002-64, dated January 5, 2010, Respondent provided Volusia County a credit of $111,040.17, designated as “FY 08-09 Reconciliation.” The Department has adopted the administrative law judge’s Recommended Order entered in DOAH Case No. 10-1893 (consolidated with seven other cases), Miami-Dade County, et al. v. Department of Juvenile Justice, Case No. 10-1893, et seq. (Fla. DOAH Aug. 22, 2012)(Miami-Dade Recommended Order), as set forth in Okaloosa County v. Department of Juvenile Justice, 131 So. 3d 818, 819 (Fla. 1st DCA 2014), which required the Department to provide an annual reconciliation that reflected each county’s actual costs. For FY 2008-2009, the actual cost per day for secure detention for a juvenile was $220.81. For FY 2008-2009, Volusia County’s total pre- dispositional days were 8,679. For FY 2008-2009, Volusia County’s actual costs were $1,916,409.90. For FY 2008-2009, Volusia County overpaid the Department $1,822,915.10. Volusia County is substantially affected by the reassessment of its actual costs of detention for FY 2008-2009. For fiscal year 2008-2009, Volusia County is owed an additional credit of $1,711,874.93 for overpayment. Volusia County filed its Amended Petition for Administrative Hearing on April 16, 2013, challenging the FY 2008-2009 annual reconciliation and seeking a refund for its overpayment. Volusia County’s substantial interest is of a type and nature for which the undersigned has jurisdiction in that it will determine Volusia County’s actual cost of secure detention care for FY 2008-2009 and determine whether Volusia County is entitled to a credit.2/ Volusia County was not a party to DOAH Case No. 10- 1893 resulting in the Miami-Dade Recommended Order or Okaloosa County v. Department of Juvenile Justice, 131 So. 3d 818, 819 (Fla. 1st DCA 2014), referenced in Finding of Fact 10, above. In this case, the Department’s response to request number one of Volusia County’s Second Request for Admissions admitted “that Volusia County was not provided a point of entry into proceedings as required under section 28-106.111 of the Florida Administrative Code to challenge the fiscal year 2008- 2009 annual reconciliation.” See Exh. P-5, pp. 6-9. The Department’s response to Volusia County’s request number two of Volusia County’s Second Request for Admissions admitted “that Volusia County was not provided a clear point of entry to challenge the fiscal year 2008-2009 annual reconciliation pursuant to Capeletti Brothers, Inc. v. Department of Transportation, 362 So. 2d 346 (Fla. 1st DCA 1978) cert. denied, 368 So. 2d 1374 (Fla 1979).” See Exh. P-5, pp. 6- 9. At no time has the Department attempted to seek relief from its admission that Volusia County was not provided a point of entry to challenge the FY 2008-2009 reconciliation. Based upon the Department’s admission, it is found as a matter of fact that Volusia County was not provided with a point of entry to challenge the FY 2008-2009 reconciliation. As Volusia County was not provided with a point of entry to challenge the FY 2008-2009 reconciliation, Count I of Volusia County’s Amended Petition challenging the Department's FY 2008-2009 reconciliation was timely filed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Juvenile Justice enter a final order finding that the Department failed to provide Volusia County with a point of entry to challenge the Department's 2008-2009 reconciliation regarding Volusia County and the Department's shared costs for secure detention care for juveniles, and further providing that the Department shall, without undue delay, provide a revised assessment to Volusia County stating that for FY 2008-2009: Volusia County’s actual costs of providing predisposition secure juvenile detention care for fiscal year 2008-2009 were $1,916,409.90; Volusia County overpaid the Department $1,822,915.10; and, Volusia County is owed an additional credit of $1,711,874.93 for overpayment. DONE AND ENTERED this 29th day of October, 2014, in Tallahassee, Leon County, Florida. S JAMES H. PETERSON, III 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 29th day of October, 2014.
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 in the case is whether Petitioner's request for exemption from employment disqualification should be approved.
Findings Of Fact 1. Petitioner is 32 years old, unmarried, and a 1992 graduate of Auburn University with a degree in business administration. He attended college on a athletic scholarship and was a captain of the football team. 2. Since graduation he has worked extensively with teenagers as a youth development professional with Boys and Girls Club of Central Plorida, as a recreational leader with Orange County Parks and Recreation; as a substitute teacher at Maynard Evans High School, where he worked with physically impaired students; and as a night monitor at The Center for Drug Free Living. 3. On November 27, 2000, Petitioner submitted an Employment Application with the Department of Juvenile Justice seeking the position of Juvenile Probation Officer. 4. As a part of the November 27, 2000, Employment Application, Petitioner indicated that he had not been convicted, pled nolo contendere, or had adjudication withheld on a crime which is a felony or first-degree misdemeanor. 5. On October 30, 2000, Petitioner executed an Affidavit of Good Moral Conduct which states, in part, "I have not committed an act which constitutes domestic violence .. ." 6. As a result of background screening, it was determined that on a January 14, 1990, Petitioner was charged with "Assault 3rd" in Auburn, Alabama, as a result of a meleé involving members of a fraternity and the football team. On February 19, 1990, the charge was dismissed. 7. The background screening also revealed that on November 11, 1995, Petitioner was charged with Battery (Domestic Violence); was arrested on November 29, 1996 (over a year later) for the offense; and had adjudication withheld after a plea of nolo contendere to the offense on February 5, 1997. 8. On February 5, 1997, Petitioner was sentenced to supervised probation for 363 days, required to attend a batterer's intervention program, and charged $115 in court costs. He successfully completed probation. 9. On December 16, 2000, Petitioner wrote the IG stating: This letter is to clarify why I failed to indicate the offenses on the notarized Affidavit of Good Moral Character. I did not indicate the offenses because I thought you are only supposed to write down convictions of a felony or first-degree misdemeanor. I did not know pleading no contest was counted as guilty. Therefore, I thought the circumstances did not fit my offenses. I conversed with a Department of Juvenile Justice employee when applying for the position, and they [sic] informed me that the Department was only looking for felony convictions. They said a misdemeanor arrest will not disqualify me. This is the reason why I failed to indicate the offenses. 10. On January 11, 2001, Petitioner wrote the IG stating: This letter is to clarify the incident that happened on the evening of November 11, 1995 at Heroes Night Club, Orlando, Florida. This incident was between a Ms. Monica Pryor and myself. At the time Ms. Pryor and I were dating. At the nightclub, Ms. Pryor and I got into an argument and exchanged harsh words that resulted in us pushing and shoving one another. Ms. Pryor then left the nightclub with her girlfriends. She called my cell phone to inform me that her girlfriends were taking her to the police station. We talked later that evening and apologized to each other. During the conversation, she let me know that she had filed charges against me and there was a warrant out for my arrest and would drop the charges in the morning. As far as I can recall from our conversation, Ms. Pryor didn't suffer any physical bruising from this incident. This is one incident in my life that I deeply regret. I feel that I was in the wrong place at the wrong time, doing the wrong thing. This incident happened over 5 years ago. Since then, I have experienced healthy relationships without any hostile contact involved. I have been blessed to counsel several young people and I've helped young men from making the same mistake that I made. I believe this experience has made me a better person and has given me a testimony to share with others. In the past 7.5 years, I have worked in child development, education and recreation. I have worked with the Boys and Girls Club of Central Florida, Center for Drug Free Living, Orange County Parks and Recreation, and I am presently employed with Orange County Public Schools. I ama member of the New Church of Faith in Orlando, Florida were I've helped with youth banquets and church activities. If you have any questions about my spiritual leadership and commitment, please call Pastor David Beacham at (407) 296-2664. 11. Petitioner testified that even though Ms. Pryor had told him that she would "drop the charges," he elected to plea nolo contendere just to get the matter behind him. 12. On January 19, 2001, Petitioner submitted a second affidavit of Good Moral Character indicating that his record contained "one or more of the disqualifying acts or offenses .," and circled the reference to the domestic violence statute. 13. Ken Davis, of Maynard Evans High School in Orlando, Florida, submitted a letter which observed that Petitioner was a "diligent and conscientious person." 14. Yvette Johnson, Universal Orlando, an occupational health and safety specialist, submitted a letter in which she characterized Petitioner as an "asset to the troubled youth in the community . . . never failing to instill the values desired by the church." 15. Ruthenia Moses, who has a Master's Degree in Social Work from the University of Connecticut, who has worked as a clinical therapist, and who was, at one time, the second in command of the Orange County Work Release Center, testified that Petitioner has "an amazing ability to relate to young people," was a "kind and sincere individual of good moral character. I highly recommend him to anyone who works with young people." She further testified that "if I had a business serving youth at risk I would want Petitioner on her team." 16. Christine Barbery, who has a Master's Degree in Legal Studies from the University of Central Florida and is employed by Florida Department of Children & Families as a Family Services Counselor Supervisor, reports that Petitioner is "responsible, hard-working," "setting an admirable example," "an excellent candidate for a Juvenile Probation Officer-type position." She worked for the Department of Juvenile Justice from 1995-1997 and Department of Children and Families since 1997. She has worked with Petitioner with young people at Maynard Evans High School and finds him "caring and dedicated." She "has no qualms about Petitioner's qualifications to be a probation officer." 17. Gloria P. Cleary, Recreation Specialist, Orange County Parks and Recreation, in a letter, characterized Petitioner as a "very enthusiastic and responsible person." She had observed Petitioner in his role as a recreational leader at Liberty Middle School. She further indicated that she would not hesitate in hiring Petitioner in the future. 18. Petitioner was guilelessly candid in his testimony. He is remorseful and contrite regarding the 1995 domestic violence incident. He has conducted his life since that incident in such a way that rehabilitation is indubitably demonstrated. He has an obvious desire to work with troubled teenagers as a Juvenile Probation Officer.
Conclusions For Petitioner: Charles Brown, pro se 7251 Minippi Drive Orlando, Florida 32818 For Respondent: Lynne T. Winston, Esquire Department of Juvenile Justice 2737 Centerview Drive Tallahassee, Florida 32399-3100
Recommendation It is recommended that the Department of Juvenile Justice enter a final order granting Petitioner an exemption from disqualification in employment. DONE AND ENTERED this “Ir day of June, 2001, in Tallahassee, Leon County, Florida. lec 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 10 Filed with the Clerk of the Division of Administrative Hearings this XI day of June, 2001. COPIES FURNISHED: Charles Brown 7251 Minippi Drive Orlando, Florida 32818 Lynne T. Winston, Esquire Department of Juvenile Justice 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 William G. Bankhead, Secretary Department of Juvenile Justice Knight Building 2737 Centerview Drive Tallahassee, Florida 32399-3100
The Issue Whether Petitioner's request for exemption pursuant to Section 400.512, Florida Statutes, should be granted.
Findings Of Fact On May 21, 1990, Petitioner, Orlando Rueda (Rueda), was arrested on charges of sexual battery on a child. The charges arose from incidents which occurred in 1983. On September 5, 1991, Rueda plead nolo contendere to five counts of attempted sexual battery on a child, Sections 777.04(1) and 794.011(2), Florida Statutes, and to two counts of indecent assault, Section 800.041(1), Florida Statutes. Adjudication was withheld, and Rueda was sentenced to five years probation, the terms of which included no contact with the victim or his family, no employment involving children, and a psychological evaluation. Rueda maintains that he is not guilty of the crimes for which he pled nolo contendere but states that because of financial difficulties in continuing with his defense and of the possibility that he could be sentenced to life imprisonment if he were found guilty, he pled nolo contendere rather than go to trial. On August 27, 1993, Rueda was arrested for driving with a suspended license. On September 17, 1993, his probation officer executed an affidavit of violation of probation indicating that Rueda violated probation by driving with a suspended license and failing to file with his probation officer a full report of having been arrested for driving with a suspended license. Rueda was arrested and charged with violation of probation. On October 18, 1993, Rueda admitted to the charge of violation of probation. The court revoked Rueda's probation and sentenced him to another five-year term of probation and ordered Rueda to attend a sex offender program at R.E.A.C.H. once a week. The court modified the probation by order dated May 31, 1994, to require attendance at the Fifth Street Counseling Center in place of attendance at R.E.A.C.H. Rueda was to remain in the Fifth Street Counseling Center program until further notice from the program. The program at the Fifth Street Counseling Center was headed by William Rambo, a clinical social worker. Rueda began his treatment with Mr. Rambo in June 1994. The treatment program is for a minimum of four years. The first phase, which usually lasts a year, consists of intensive weekly therapy sessions in which the patient deals with the allegations of the original sexual offense. The second phase is designed to last a minimum of one year and is a less intensive phase with bi-weekly group sessions. The emphasis in the second phase is on current functioning and monitoring of the patient's stability. The final phase is designed for two years and allows the patient to demonstrate continued stability. On January 31, 1996, Rueda admitted to his probation officer that he had used cocaine on January 24, 1996. Rueda also admitted to the use of cocaine to a Secret Service Agent, who was questioning Rueda about an incident involving a counterfeit fifty-dollar bill. Rueda said that he had been drinking with friends when one of them went to purchase cocaine. The drug was put into a cigarette, which Rueda and his friends smoked. As a result of the incident involving his use of cocaine, on February 26, 1997, the court ordered two years of community control, followed by ten years of probation which began on April 4, 1996. Community control is a form of house arrest and sometimes involves wearing an electronic monitoring device. Rueda was required to wear an electronic monitor for one year. Barring any further violations of probation, Rueda's probation is due to expire in 2008. On May 12, 1997, Rueda wrote a letter to the Respondent, Agency for Health Care Administration (Agency), requesting an exemption and outlining his criminal background. His letter did not include any information concerning the January 1996, cocaine- related violation. On December 8, 1997, the Agency granted Rueda an informal hearing before an informal hearing committee on his request for an exemption. During the informal hearing, the committee specifically asked Rueda to describe any special conditions of his probation. Petitioner did not volunteer that at the time of the informal hearing that he was being required to wear an electronic monitor. The informal committee had learned about the electronic monitor from Rueda's probation officer. Rueda did not reveal that he was wearing a monitor until the committee specifically asked whether he was under electronic monitoring. Rueda is still in the first phase of his treatment with Mr. Rambo. Part of the reason that he has not completed the first phase is that each time he violated probation, the probation period would begin anew, and Rueda would have to begin the first phase anew. However, based on the testimony of Mr. Rambo, Rueda has made progress in his treatment, but he has not completed his treatment program. Other than the incidents for which Rueda plead nolo contendere, Rueda has not been involved in any incidents of sexual battery or indecent assault.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered denying Orlando Rueda's request for an exemption. DONE AND ENTERED this 23rd day of December, 1998, 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 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of December, 1998. COPIES FURNISHED: Sam Power, Agency Clerk Agency for Health Care Administration Fort Knox Building 3 2727 Mahan Drive, Suite 3431 Tallahassee, Florida 32308 Paul J. Martin, General Counsel Agency for Health Care Administration Fort Knox Building 3 2727 Mahan Drive, Suite 3431 Tallahassee, Florida 32308 Jennifer A. Steward, Senior Attorney Agency for Health Care Administration 1400 West Commercial Boulevard, Suite 110 Fort Lauderdale, Florida 33309 Kevin J. Kulik, Esquire 600 South Andrews Avenue, Suite 500 Fort Lauderdale, Florida 33301
The Issue The issue in this case is whether the Department of Health and Rehabilitative Services (Respondent) wrongfully awarded a contract to provide juvenile alternative services in Polk, Hardee and Highlands Counties to Bay Area Youth Services, Inc. (Intervenor) rather than the existing Provider, Juvenile Services Program, Inc. (Petitioner). At the hearing the parties stipulated to the introduction of seven joint exhibits. Petitioner called six witnesses, aid Respondent called one witness. A transcript of the hearing was filed on September 28, 1987, and the parties were allowed ten days thereafter to file Proposed findings of fact, conclusions of law and memoranda. The Appendix to this Recommended Order contains a ruling on each timely filed Proposed finding of fact.
Findings Of Fact On or about April 24, 1987, Respondent issued a Request For Proposal (RFP) for the Juvenile Alternative Services Project (JASP) in Polk, Highlands and Hardee Counties. JASP is designed to serve delinquent children and status offenders, and is intended to reduce the incidents of their repeated contacts with the juvenile justice system through a program of meaningful sanctions and services. The program is available as a dispositional alternative by referral from Respondent's intake units, the State Attorney's Office and the Juvenile Division of the Circuit Court. Specific services to be Provided under this RFP include victim negotiation, community work programs, restitution, family counseling service and volunteer counseling services. The RFP calls for Providing services to 585 clients from July 1, 1987 through June 30, 1988. Petitioner and Intervenor each timely submitted proposals in response to the RFP. Petitioner is a social service agency with administrative offices in St. Petersburg, and Intervenor is a private service agency with offices in Tampa. Petitioner is the existing JASP provider in Polk, Hardee and Highlands Counties. The RFP designates $131,654.86 as the anticipated funding level for this program, and Petitioner's proposal identified $131,655 for the provision of the requested services to a minimum of 585 clients while Intervenor's proposal identified $126,631 to provide these services to a minimum of 636 clients. The proposals submitted by Petitioner and Intervenor were responsive to the RFP. Pursuant to the RFP, a seven-member selection team was designated to review and evaluate the responsive proposals. Representative of Respondent on the selection team included JoAnne Harvey, Kevin Roberts and Tom McFadyen; the courts were represented by Jim Vanderwalker, the State Attorney's Office by Steve Houchins, the Public Defender's Office by Jay B. Haviser, and the community by Fran Martin Shiver from the Polk County Sheriff's Office. RFP responses were opened at 4:30 p.m. on June 1, 1987, and the selection team met at 9:00 a.m. on June 3, 1987. Five of the selection team members attended the meeting and participated in the evaluation of these two proposals; Haviser and Shiver did not attend. The RFP specifies that the evaluation was to be completed on June 4, 1987, and that the selection team, upon completion of its review, would submit its "recommendation" to Respondent's contract signer for award "based upon the recommendation made by the selection team and taking into consideration which bidder's offer is most advantageous to the Department." Selection team members Houchins, Roberts and Harvey recommended that Intervenor be awarded the contract, and members Vanderwalker and McFadyen recommended Petitioner. Vanderwalker rated Petitioner one Point higher than Intervenor and McFadyen rated Petitioner three Points higher than Intervenor. Members recommending Intervenor all did so by a greater point spread than members selecting Petitioner. Intervenor received a total of 1325 Points to 1284 for Petitioner, of a total Possible Points of 1625. The selection team, through its chairperson JoAnne Harvey, submitted its report and recommendation on June 4, 1987 that the JASP contract be awarded to Intervenor, and on or about June 11, 1987 Petitioner received formal notification of Respondent's intent to award this contract to Intervenor. On the same day Petitioner filed its notice of intent to Protest, and thereafter Petitioner timely filed its request for hearing on or about June 19, 1987 alleging that the award Procedure was "deficient" and that the deficiency resulted in their not receiving the award. Specifically, it is alleged that the selection team based its recommendation upon erroneous facts and information Provided to it by Chairperson Harvey and Diane Morton, JASP contract manager with Respondent who selected the team members, coordinated, scheduled and attended the team meeting. Chairperson Harvey took notes of the selection team meeting and her report was based upon those notes. Neither a transcript or tape recording of the team meeting was required by the RFP, nor were they made. No opportunity for oral presentations by providers was allowed in the RFP, nor was any provided before the selection team. Although Chairperson Harvey had received and reviewed the proposals prior to the meeting, some of the selection team had not, and therefore time was allowed at the beginning of the meeting for each member to review the two proposals and to ask Diane Morton technical, non-substantive questions about each proposal. Based upon the testimony of McFadyen, Morton and Harvey, Morton functioned only as a facilitator or coordinator during the meeting, assisting members in finding certain items or subject matter in each proposal, and determining if the automatic disqualification items of Part A on the proposal rating sheet applied to either proposal. However, Morton made no qualitative judgments about either proposal, and responded only to members' questions. Her participation assisted, rather than impaired, the fairness and integrity of the process. Following the time allotted for review and asking technical questions, each member completed the rating sheet individually, and thereafter the scores were announced. A discussion period was then provided during which members explained the basis for their evaluation of each Proposal. Following this discussion, members could change their rating based upon new information and the comments of other members, but in this instance no member changed his rating. The final ratings and recommendations were then announced. There is no evidence that the selection team acted arbitrarily or capriciously, or in a manner which was inconsistent with the RFP or rules of Respondent. The sole basis for team member ratings of each Proposal was their own evaluation of each Proposal; there is no evidence of "erroneous" facts or information being supplied to the team by Harvey or Morton. No member of the team asked for additional time to review or rate the Proposals during the meeting on June 3, although the evaluation did not have to be completed until the next day, June 4. At hearing, Petitioner sought to establish that Intervenor did not include a required Civil Rights Statement. The RFP lists a series of appendices which "must" be attached to each Proposal. Appendix 9(g) references a "Civil Rights Statement (Attachment IV of the RFP)." However, Attachment IV to the RFP is a "Civil Rights Certificate" not a "Civil Rights Statement." Attachment X of the RFP is a Civil Rights Compliance Checklist, and Intervenor included Attachment X, rather than the required Attachment IV with its RFP. However, question 6 of the Checklist asks whether "an Assurance of Compliance (is already) on file with HRS?" Intervenor answered this question on the Checklist in the affirmative. The required Attachment IV, Civil Rights Certificate, is the Assurance of Compliance referred to in question 6. Therefore, the unrebutted record in this case establishes that Intervenor already had on file with Respondent the required Attachment IV, and Respondent reasonably accepted this previous filing, along with the additional civil rights information provided on the Checklist as compliance with the RFP Appendix 9(g) requirement. It is also apparent from Section VI, A, 3. of the RFP that the failure to include Appendix IV will "not be fatal to the consideration of the proposal and that only five points are to be given for this Attachment. The three committee members who recommended Intervenor each gave Intervenor the five points on this item; however, even if this five points is deducted from Intervenor's score, Houchins, Roberts and Harvey still would have rated Intervenor higher than Petitioner, and Intervenor's overall point total would still have exceeded Petitioner's. Petitioner produced the testimony of Peter Schatzel, Certified Public Accountant, to establish that Intervenor is not financially able to sustain and carry out the JASP proposal. However, Schatzel had not reviewed any audited or unaudited financial statements for Intervenor covering the period after June 30, 1986, and thus had no knowledge of Intervenor's current financial condition. Chairperson Harvey testified that a successful bidder can receive an advance of amounts due under a contract to support start-up costs. It was therefore not established, by competent substantial evidence, that Intervenor would not be financially able to carry out its obligations under this contract.
Recommendation Based upon the foregoing, it is recommended that Respondent enter a Final Order dismissing the bid protest filed by Petitioner. DONE AND ENTERED this 14th day of October, 1987, at Tallahassee, Florida. DONALD D. CONN 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 14th day of October, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-2800BID Petitioner filed Closing Argument on October 7, 1987 which has been considered in the preparation of this Recommended Order. However, no specific ruling thereon can be made since this is not a proposed finding of fact as provided in Rule 22I- 6.031, F.A.C. COPIES FURNISHED: Dominic Amadio, Esquire 100 34th Street North Suite 305 St. Petersburg, Florida 33713 Frederick P. Wilk, Esquire 4000 West Buffalo Avenue Room 520 Tampa, Florida 33614 William F. Bowman 2410 East Busch Boulevard Suite 303 Tampa, Florida 33612 Gregory L. Coler, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700 Sam Power, Clerk Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32399-0700
Findings Of Fact The Respondent, Christopher Knowles, was employed at the Broward Regional Juvenile Detention Center in Fort Lauderdale, Florida, during the period of time prior to July 19, 1981, up until February 4, 1983. On July 19, 1981, the Respondent was injured during the course of his employment when he tripped over one of the center's detainees while on the athletic field attempting to break up a fight between detainees. The Respondent received medical treatment and was placed on disability leave until August 10, 1981, when he returned to work and was given a light-duty assignment. On August 17, 1981, the Respondent was returned to a full-duty status, but he was still being treated by a physician, and until November 22, 1982, he worked irregularly and took sick leave when not working. On November 22, 1982, the Respondent told his supervisor that he had been released by his doctor to return to work, but that he did not feel that he was yet able to return to work. The Respondent at this time was required to obtain a physician's authorization for continued sick leave, or else return to work. When the Respondent did not return to work, he was advised on December 3, 1982, that he must contact his supervisor by December 10 or report to work by this date, or a recommendation would be made for termination of his employment. When the Respondent did not respond, he was sent a letter on December 21, 1982, directed to the address which had been furnished by the Respondent to the personnel office, repeating the requirement that he contact his supervisor or report to work. As a result of this letter, the Respondent went to the detention center on December 30, 1982, and repeated his contention that he was not yet able to return to work. In January of 1983 the personnel office of the detention center secured a statement dated January 17, 1983, from the Respondent's physician advising that the Respondent was able to return to work on November 22, 1982. On January 18, 1983, the Respondent was again told by letter sent certified mail, return receipt requested, that he must return to work, and he was given until January 24, 1983, to do so or, he was informed, that he would be terminated. This letter also advised the Respondent that his physician's statement had been secured stating that he had been fit for duty since November 22, 1982. The Respondent did not respond to this letter. On February 2, 1983, the Respondent was advised by letter that his employment was terminated as of February 4, 1983, due to abandonment by the Respondent. On February 4, 1983, the Respondent went to the office of his supervisor at the detention center, complaining that he did not abandon his job, and asking that his termination be reversed. This request was declined. The detention center needed an employee in the Respondent's position and could not hire someone as long as the Respondent was employed in this position. The Respondent contends that he fears that he might become reinjured if he should return to work, although he admits that his physician released him from further treatment and advised him to return to work on November 22, 1982. The Respondent also admits that he is not now under the care of a physician, and has not been examined by a doctor since November of 1982.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Administration enter an Order finding that the Respondent, Christopher Knowles abandoned his position of employment at the Broward Regional Juvenile Detention Center, and that he be discharged effective February 4, 1983. DONE and RECOMMENDED this 14 day of June, 1983 in Tallahassee, Florida. WILLIAM B. THOMAS, 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 14 day of June, 1983. COPIES FURNISHED: Harold L. Braynon, Esquire 201 West Broward Boulevard Fort Lauderdale, Florida 33301 Mr. Christopher Knowles 3530 North West 18th Place Fort Lauderdale, Florida 33311 David Pingree, Secretary Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301 Nevin Smith, Secretary Department of Administration 435 Carlton Building Tallahassee, Florida 32301
The Issue Whether Respondent, John C. Minder, committed the violations alleged in the Amended Administrative Complaint issued by the Department of Agriculture and Consumer Services (Petitioner) on November 17, 2014; and if so, what penalty should be imposed.
Findings Of Fact Petitioner is the state agency charged with the licensing and regulation of professional mappers and surveyors pursuant to chapter 472, Florida Statutes. At all times material, Respondent was a licensed professional surveyor and mapper in Florida, having been issued Florida license number LS 4071. In December 2012, a three-count AC was issued to Respondent alleging violations of “former” sections 472.0351(1)(g), and (h), Florida Statutes (2012), through violating Florida Administrative Code Rules 5J-17.052(2)(a)8.d., and 5J-17.052(2)(c)1.a.5/ Respondent “freely and voluntarily” entered into a Settlement Stipulation with Petitioner that resolved the AC. That Settlement Stipulation contained the following provision at paragraph 11(e): Respondent shall provide the Board with a list of all signed and sealed surveys containing a minimum of six (6) surveys which were performed by Respondent within 120 days of the Final Order. The Board’s Probation Chair will randomly select (6) of Respondent’s signed and sealed surveys for review from the survey list submitted by Respondent. Within seven (7) calendar days6/ of being notified by the Board of the surveys which were selected for review, Respondent shall have post-marked and submitted to the Board Office signed and sealed surveys for the surveyed properties selected for review, along with copies of the relevant field notes, the relevant full size record plats, all measurement and computational records, and all other documents necessary for a full and complete review of the surveys, in accordance with Florida Administrative Code Rules 5J-17.016, 5J-17.083, and 5J-17.085. Respondent must attend the Probation Committee meeting at which the surveys are to be reviewed. Failure to comply with this provision may result in Respondent being referred to the Department for non-compliance with the final order of the Board, and the Board may lift the stay of suspension. Respondent provided a list of his signed and sealed surveys for review. In accordance with the Board’s procedures, the Board chair randomly selected six surveys for the Committee to review. Mr. Roberts provided two surveys to each Committee member for their individual review. Respondent admits he appeared before the November 6, 2013, Committee meeting. The excerpt transcript of the November 6 Committee meeting recorded a discussion between the Committee members and Respondent. It further recorded that the Committee voted to “deny the [Respondent’s] six surveys.” The excerpt transcript of the November 7, 2013, Board meeting, aside from the cover page indicating that it involved Respondent (“IN RE: JOHN C. MINDER”), fails to specifically identify Respondent or the action that the Committee wished to be directed towards him.7/ Further, the transcript fails to reflect the actual vote taken by the Board, as the recording and transcript stopped before the vote was recorded. Respondent provided a second list of all his signed and sealed surveys for review. The Board chair randomly selected six new surveys for the Committee to review. Mr. Roberts provided two surveys to each Committee member for their individual review. Respondent admits he appeared before the February 19, 2014, Committee meeting.8/ The excerpt transcript of the February 19, 2014, Committee meeting recorded another discussion between the Committee members and Respondent. It further recorded that the Committee voted not to accept Respondent’s “second round” of surveys, and to lift the stay on Respondent’s license suspension until he “takes and passes the Florida Jurisdiction.” The excerpt transcript of the February 20 Board meeting reflects that the Committee reported to the Board: John Minder appeared with a second set of surveys. They were denied. He must take and pass the Florida jurisdiction portion of the State exam.9/ The Board’s Order Lifting Stay of Suspension, rendered on March 17, 2014, in pertinent part, provides the following: THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED: The report and recommendation by the Committee is hereby adopted. Respondent’s license is hereby SUSPENDED. If the Respondent files a written Petition for Reinstatement in conformity with the applicable administrative Rules (including but not limited to Rules 5J-17.083 and 5J-17.085, Fla. Admin. Code,) then the Board may consider the Petition and may reinstate the license. The Committee’s report only stated that Respondent “must take and pass the Florida jurisdiction portion of the State exam.” There is no Committee recommendation of lifting the stay of suspension or a suspension of Respondent’s license. Mr. Roberts was the only person to testify at the hearing. Mr. Roberts is not and never has been a licensed surveyor or mapper. His discussion of the probation process was helpful; however, he did not provide any direct testimony supporting the Complaint. His hearsay testimony cannot support a finding of fact. Although Mr. Roberts testified to what he saw Respondent provide and what the Committee members saw, his testimony cannot support the allegations that the surveys Respondent submitted were not in compliance with Minimum Technical Standards. There was no credible expert testimony provided to support the Petitioner’s allegations. Further, when asked the following: “And at that [General Board] meeting was a decision made to enter an order lifting a stay of suspension upon Mr. Minder’s license?” Mr. Roberts responded: “To the best of my recollection, the Board decided and voted unanimously to lift the stay of suspension on Mr. Minder’s license.” The Board transcript does not substantiate that recollection. Petitioner did not prove that Respondent’s surveys failed to meet minimum standards.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Board of Professional Surveyors and Mappers issue a final order dismissing the Complaint. DONE AND ENTERED this 11th day of February, 2015, in Tallahassee, Leon County, Florida. S LYNNE A. QUIMBY-PENNOCK 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 11th day of February, 2015.
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 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
