The Issue Whether Respondent, a certified correctional officer, failed to maintain good moral character as required by chapter 943, Florida Statutes, and Florida Administrative Code Rule 11B- 27.011, and if so, the penalty that should be imposed.
Findings Of Fact The Parties Petitioner is the state agency charged with the responsibility of certifying correctional officers and taking disciplinary action against them for failing to maintain good moral character as required by section 943.13(7). § 943.1395, Fla. Stat. (2009).2/ Respondent was certified as a correctional officer by Petitioner on July 8, 2009, and holds Correctional Certificate Number 284876. In February through May, 2010, the time frame relevant to this proceeding, Respondent was employed as a correctional officer at Miami-Dade Correctional Institute ("Miami-Dade CI"). Incident Giving Rise to this Proceeding On or about July 29, 2010, Captain Eric Parrish, a midnight shift supervisor at Miami-Dade CI, convened a meeting of several employees under his supervision. Among those present at the meeting were Respondent and Officer Demetrices Demeritte. The purpose of the meeting was to address rumors regarding alleged sexual activity among staff members while present or on duty at Miami-Dade CI.3/ Ultimately, these rumors were determined to be unsubstantiated. However, at the meeting, Demeritte informed Parrish that Respondent had exposed his penis to her while they both were on duty at Miami-Dade CI. Respondent verbally admitted at the meeting that he did show Demeritte his penis, but stated that she had wanted to see it. Parrish ordered everyone in attendance at the meeting to complete an incident report after the close of the meeting.4/ Consistent with Petitioner's standard practice regarding the completion of incident reports, Parrish requested that the reports be submitted by the end of the shift.5/ This gave the employees approximately four hours to complete their reports. Ultimately, Parrish collected completed incident reports from all in attendance at the meeting, including Respondent. In his incident report, Respondent stated that he and Demeritte had engaged in discussions regarding sexual matters on more than one occasion. Respondent acknowledged that he exposed his penis to Demeritte on one occasion when they had discussed its size, and that upon seeing it, Demeritte took off in her post vehicle. The next day she asked him not to do that again because he was not "her man." Respondent stated that he apologized to Demeritte and considered the matter resolved between them as friends. Based on the information provided in the incident reports, Parrish recommended that Respondent and others be reviewed for disciplinary action. On or about December 6, 2011, Petitioner filed an Administrative Complaint against Respondent, alleging that he had failed to maintain good moral character, as required by section 943.17, by having engaged in acts that constitute indecent exposure pursuant to section 800.03. Violation of section 800.03 is a misdemeanor of the first degree. § 800.03, Fla. Stat. (2009). There is no evidence in the record that Respondent was arrested or prosecuted for, convicted of, or pled guilty or nolo contendere to, a violation of section 800.03. Evidence Adduced at the Final Hearing At hearing, Demeritte testified that while she and Respondent were on duty inspecting the fence line or refueling vehicles or at other posts, Respondent exposed his penis to her on four separate occasions. In doing so, he would tell her to "look" and would watch her while exposing himself. Demeritte testified that on one of these occasions, he stroked his penis. Demeritte testified that she was uncomfortable and offended by Respondent's actions, that she considered his actions vulgar, and that on each occasion, she drove away. After she finally confronted Respondent, he apologized and never exposed himself to her again. The undersigned finds Demeritte's testimony credible and persuasive. Demeritte reported the incidents to the Equal Employment Opportunity Commission. However, not until the July 29, 2010, meeting did she report the incidents to Petitioner. Demeritte claimed that she did not report the incidents due to a "breach of confidentiality." No specific explanation was provided regarding what the breach of confidentiality entailed or why it deterred Demeritte from reporting the incidents before July 29, 2010. At the hearing, Respondent recanted his statement in his July 29, 2010, incident report that he had exposed his penis to Demeritte on one occasion. Respondent testified that the statements in his report were "sarcastic" and that he had needed more time to complete his incident report. However, Parrish credibly testified that near the end of the shift, Respondent told him he was still working on the incident report, but that at the end of the shift, Respondent provided the completed, signed, dated report and did not ask for more time to complete the report. Respondent denied having exposed his penis to Demeritte while on duty, and testified that he previously had performed as a dancer at private functions and that she may have seen his penis under those circumstances. Respondent's testimony on these points was not credible. Consistent with his incident report, Respondent testified that he and Demeritte engaged in discussions of a sexual nature on several occasions. There is no other evidence in the record directly corroborating or refuting this claim. However, the evidence does establish that around the time of the incidents at issue in this proceeding, there was discussion of, and rumors regarding, sexual matters between officers employed on the midnight shift at Miami-Dade CI. Under these circumstances, the undersigned finds credible Respondent's account that he and Demeritte engaged in discussions of a sexual nature. The undersigned does not find credible any claim by Respondent that Demeritte wanted or asked him to expose his penis to her. However, the undersigned finds it plausible that Respondent may not have understood that Demeritte was offended by his actions, particularly if they engaged in discussions of a sexual nature, and also given that she did not tell him, until after the fourth incident, to not expose himself to her. Indeed, once she told him not to expose himself to her, his behavior ceased and he apologized. There is no evidence in the record that Respondent previously has been subject to disciplinary action by Petitioner. Findings of Ultimate Fact Based on the foregoing, the undersigned finds that Petitioner has demonstrated, by clear and convincing evidence, that Respondent exposed his penis to Demeritte on four separate occasions, in violation of section 800.03, and that in doing so, he failed to maintain good moral character, as required by section 943.13(7). Respondent's behavior in exposing himself to Demeritte was inappropriate and unacceptable. However, the undersigned finds that the circumstances afoot around the time of Respondent's actions——specifically, discussions and rumors of sexual matters between staff, discussions of a sexual nature between Respondent and Demeritte, and the fact that Demeritte did not tell Respondent to stop exposing himself to her until after he had done so four times——may have created an atmosphere that led Respondent, mistakenly, to believe that such behavior was not a significant departure from the accepted norm on the Miami-Dade CI midnight shift at that time.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner, Criminal Justice Standards and Training Commission, enter a final order suspending Respondent's correctional officer certification for a period of six months, imposing two years' probation, and ordering Respondent to undergo counseling. DONE AND ENTERED this 6th day of August, 2013, in Tallahassee, Leon County, Florida. S CATHY M. SELLERS 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 6th day of August, 2013.
Findings Of Fact Based upon the record evidence, as well as the factual stipulations entered into by the parties, the following Findings of Fact are made: Respondent was certified by the Criminal Justice Standards and Training Commission on May 12, 1986, and issued certificate number 19-86-502-02, which he still holds. Respondent was employed by the Florida Department of Corrections (DOC) as a correctional officer from November 4, 1985, until August 3, 1988. He was initially assigned to the Dade Correctional Institution (DCI). On August 7, 1987, he was transferred to the South Florida Medical and Reception Center (SFMRC). He remained at SFMRC until April 3, 1988, the effective date of his resignation. On August 28, 1989, Respondent submitted to the DCI Personnel Department an application seeking reemployment as a correctional officer with DOC. As part of the application process, Respondent was required to submit to a drug test, which he did on September 29, 1990. Respondent had used cannabis on at least one occasion some time within a month or two prior to submitting to this test. Respondent personally appeared at the laboratory of Toxicology Testing Service in Miami on September 29, 1990. Once at the laboratory, he urinated into a small sterile sample container which was provided to him by Robert McCabe, a laboratory employee. Immediately after Respondent urinated into the container, he gave the container to McCabe. The container was then sealed with a lid and special tape designed to indicate tampering. McCabe assigned Respondent's urine sample the unique bar code number 410405 and the unique laboratory reference number 77334. He thereupon placed the container in a storage area in the laboratory. Later that same day, laboratory employee Yolanda Escobio retrieved the container from the storage area and, after observing that there was no evidence of tampering, broke the seal on the container. Using a sterile pipette, Escobio removed a small portion of urine from the container to conduct an initial immunoassay screening of the urine for the presence of a controlled substance or controlled substance metabolites. Following the completion of the screening, Escobio recapped the container (which contained the remainder of Respondent's urine sample) and returned it to the laboratory storage area. Neither McCabe, Escobio nor anyone else contaminated or tampered with Respondent's urine sample. The container was not reopened until October 2, 1989, when laboratory employee Israel Sanchez did so in order to perform additional laboratory testing of the sample. Sanchez utilized gas chromotography-mass spectrometry, an extremely reliable confirmatory testing method, to verify the results of the immunoassay screen previously performed by Escobio. Sanchez's testing revealed the presence of cannabinoids in a concentration of 120 nanograms per milliliter. Cannabinoids are metabolites that are produced when cannabis (marijuana) is introduced into the body. Cannabis is the only substance known to produce cannabinoids. Toxicology Testing Service sent a written report of the test results to Alexander Greene, the DCI Personnel Manager. Greene received the report on October 16, 1989. Respondent had already been rehired. He had started working for DOC again earlier that very same day. After learning that Respondent had tested positive for cannabinoids, Greene, accompanied by DCI's Assistant Superintendent, met with Respondent later that day. They advised Respondent of the test results and told him that if he did not resign his position, his employment would be involuntarily terminated. Respondent responded by simply indicating that he would resign. His resignation was effective 5:00 p.m. that day.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Criminal Justice Standards and Training Commission enter a final order (1) finding Respondent guilty of having failed to maintain "good moral character," in violation of Section 943.1395(5), Florida Statutes, by virtue of his unlawful use of cannabis on or about September 29, 1989; and (2) revoking his certification, based on such a finding. RECOMMENDED in Tallahassee, Leon County, Florida, this 23rd day of April, 1991. STUART M. LERNER 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 23rd day of April, 1991. COPIES FURNISHED: Joseph S. White, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Paul Sack, Esquire 5975 Sunset Drive Suite 701 Miami, Florida 33143 Jeffrey Long, Director Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore, Commissioner Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Rodney Gaddy, Esquire General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue Whether Respondent, a corrections officer, has failed to maintain the qualification to have good moral character, as alleged in the Administrative Complaint.
Findings Of Fact The Respondent was certified by the Criminal Justice Standards and Training Commission on February 19, 1993, as a Corrections Officer, Certification Number 136191. Respondent’s certification is active. At all times relevant, the Respondent was employed as a corrections officer with the Central Florida Reception Center. On November 5, 1994, Karen Mills was employed as a law enforcement officer with the Seminole County Sheriff’s office. At the time of the event, Officer Mills had been working under cover for five years with the City/County Investigative Bureau. Officer Mills was working undercover at one o’clock on a Saturday morning posing as a prostitute on the sidewalk and parking lot located at State Road 427 and Pomosa in Sanford, Florida. On November 5, 1994, Mills approached a black male driving a Toyota car, later identified as the Respondent, Travis Long, when he stopped for a traffic light at the corner of State Road 427 and Pomosa. After idle conversation, the Respondent asked what she was doing. She advised that she was trying to make some money. He asked her if she would “take it up the ass?” She took that to mean that he wanted anal intercourse. Mills said yes and asked him how much money he was willing to pay. Respondent said $25.00. Mills said she wanted $40.00. Respondent agreed but stated that he would have to go get the money from an ATM and also that he wanted to get something to eat. He asked Mills if she wanted to go with him to get something to eat. Mills declined. Mills did not immediately arrest Respondent because she wanted to see the money to confirm that he was there to buy sex. Respondent left the area and returned 20 minutes later. Upon his return, Respondent asked Mills if she was a cop and asked her to pull up her shirt to prove that she was not carrying a recording device (a wire). Mills asked Respondent if he was a cop. He said no, and ultimately exposed his penis as a way to prove it to her. Mills asked Respondent to show her the money and kept encouraging him to do so, by saying, “You ain’t gonna pay me . . . You ain’t got no money. I just want to be sure I’m gonna get paid.” Respondent finally showed Mills the money and mouthed, without speaking, “I will pay you.” As soon as she saw the money, Mills, who was wearing a wire, gave the predetermined code. Respondent began to pull away in his vehicle but other officers pulled him over and arrested him. Respondent plead Nolo Contendere to the charge of Lewd and Lascivious Behavior, a second degree misdemeanor, in the County Court for Seminole County, Florida, on January 5, 1995. Respondent was adjudicated guilty, and a $100 fine was imposed. Respondent’s testimony that, although he conducted himself as above stated, he did not have the intent to solicit for prostitution on the night of November 5, 1994, is not credible. Respondent was an energetic, hard-working individual. Respondent had no prior criminal or employment discipline problems prior to this incident. Respondent has continued in his current position as a corrections officer in the three years since the incident and has received above-average ratings.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED as follows: Respondent be found guilty of failure to maintain good moral character, as required by Subsection 943.13(7), Florida Statutes (1993). Respondent's certification be SUSPENDED for a period of six months and that the Commission impose such conditions on his reinstatement as it deems reasonable and necessary. DONE AND ENTERED this 26th day of August, 1997, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 26th day of August, 1997. COPIES FURNISHED: Amy Bardill, Esquire Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 H. R. Bishop, Jr., Esquire 300 East Brevard Street Tallahassee, Florida 32301 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 A. Leon Lowry, II, Director Department of Law Enforcement Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302
The Issue The issue in this case is whether Respondent, Theodore Lazier, Jr., committed the violations alleged in an Administrative Complaint issued by Petitioner, the Department of Law Enforcement, Criminal Justice Standards and Training Commission, and dated June 18, 2004, and, if so, what disciplinary action should be taken against him.
Findings Of Fact The Commission is charged with the responsibility for, among other things, certifying individuals for employment or appointment as a law enforcement officer and investigating complaints against individuals holding certificates as law enforcement officers in the State of Florida, pursuant to Section 943.3195, Florida Statutes. At the times pertinent to this matter, Respondent, Theodore Lazier, Jr., was certified by the Commission as a law enforcement officer, having been issued Law Enforcement Certificate Number 138687 on August 20, 1993. Since being certified, Mr. Lazier as been employed as a correctional officer at the Dade Correctional Institution (hereinafter referred to as the "Correctional Institution"), a state facility. On and between November 14, 1999 and September 24, 2003, Mr. Lazier, while working as a recreational supervisor, brought items declared to be contraband into the Correctional Institution. Those items included movies, candy, razor blades, and one pair of athletic shoes with cleats. When the items of contraband were discovered by Correctional Institution officials, Mr. Lazier admitted bringing the items to the facility, a fact which he also admitted at the final hearing. He also explained why he had introduced the items into the facility and, while his explanation does not exonerate him from the charges in this case and apparently constituted grounds to terminate his employment at the facility, his explanation at least dispelled any thought that he had introduced the items for any purpose other than assisting him in the discharge of his duties. As for the movies, Mr. Lazier testified convincingly and without any evidence to the contrary being offered by the Commission that he had been given specific permission to show movies to inmates as long as those movies did not contain sex or violence. That permission was given by the individual who served as warden prior to the current warden's employment. The candy consisted of small pieces of primarily hard candy which Mr. Lazier used to reward inmates that assisted him as "aides" and other inmates who gave him "thoughts for the day." The razor blades, which are the most troublesome items of contraband he brought into the facility, were used by inmates, under Mr. Lazier's supervision to work on sports equipment, like the weight-lifting benches. The razor blades were collected, accounted for, and stored under lock and key after their use. Finally, the one pair of shoes introduced into the facility by Mr. Lazier was used by inmates participating in football. The bringing of the items of contraband into the Correctional Institution, other than the movies, constituted an act which would constitute a felony offense as specified in Section 944.47(1)(a), Florida Statutes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Commission finding that Theodore Lazier, Jr., violated Section 943.1395(7); dismissing the allegation that he violated Section 943.1395(6); and suspending his certification for a period of one year. DONE AND ENTERED this 22nd day of December, 2004, in Tallahassee, Leon County, Florida. S LARRY J. SARTIN 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 December, 2004. COPIES FURNISHED: Linton B. Eason, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Theodore Lazier, Jr. 225856 South West 132d Court Naranja, Florida 33032 Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Crews, Program Director Division of Criminal Justice Professionalism Services Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact Petitioner, Department of Professional Regulation, Division of Real Estate (Department), is a state governmental licensing and regulatory agency charged with the responsibility and duty to prosecute administrative complaints pursuant to the laws of the State of Florida, in particular Section 20.30, Florida Statutes, Chapters 120, 455 and 475, Florida Statutes, and the rules promulgated pursuant thereto. Respondent, Jeffrey D. Ahl, is now and was at all times material hereto a licensed real estate broker in the State of Florida, having been issued license number 0155081. The last license issued was as a broker-salesperson, c/o Data Pak Systems & Services, Inc., 1050 South Federal Highway, Delray Beach, Florida 33483. On September 12, 1991, respondent was found guilty of eleven counts of lewd assault, a second degree felony, in violation of Section 800.04(1), Florida Statutes. The Circuit Court of Palm Beach County, Florida, adjudicated the respondent guilty on each count and committed the respondent to the Palm Beach County Jail for a term of 364 days, followed by a term of probation of 10 years. Notwithstanding his conviction on September 12, 1991, it was not until March 13, 1992, that respondent, through his attorney, informed petitioner of his conviction of the aforesaid felony. According to respondent, whose testimony is credited, the myriad of personal problems that befell him during this time period, including the remorse he was suffering, his divorce, a foreclosure, and his conviction, preoccupied his mind such that he overlooked his obligation to notify petitioner upon his conviction. Notably, respondent did not practice such profession following his conviction, and upon receipt of the renewal notice for his broker's license immediately recognized his oversight and had his attorney promptly inform petitioner of his conviction. Respondent served eight months and one week of his 364-day sentence in the Palm Beach County Jail, and was released from custody in May 1992. Currently, pursuant to the court's commitment order, respondent is on probation for a term of 10 years, the first year of which he is under community control. So controlled, respondent is required to report to his probation officer every Monday and secure approval of his weekly schedule of activities. Except for work, church and two hours of shopping each week, respondent is confined to his residence. Following successful completion of community control, respondent will be on a more relaxed form of probation, with monthly reporting to his probation officer. The court's commitment order further required that respondent continue psychological/psychiatric treatment, pay any medical expenses for his daughter's psychological/psychiatric treatment, and remain current on his child support payments. Respondent has duly abided by such obligations. The offense for which respondent stood convicted involved the touching and fondling of his daughter during times when he believed her to be asleep. Such activity occurred during the period of time she was 9 to 13 years of age, and ceased in approximately 1986, when respondent realized his daughter knew what was occurring. Disclosure of his activities apparently occurred in September 1990, during the course of his divorce proceedings. Upon disclosure of what had occurred, respondent was referred by the Department of Health and Rehabilitative Services to Helen Bush, a marriage, family and sex therapist, for counseling. Since such initial referral in September 1990, respondent has been regularly and responsibly counseled through Ms. Bush, except for that period of time in which he was incarcerated. In the opinion of Ms. Bush, which is credited, respondent suffers from a psychological disorder, regressed pedophilia, which, precipitated by stress, was the cause for his misconduct towards his daughter. Such disorders are treatable and where, as here, the offender is genuinely remorseful about what occurred, has the motivation to rehabilitate himself, and the support of his family, the likelihood of respondent being successfully treated is great. Currently, respondent has remarried, and continues to fulfill his responsibilities to continue treatment and to remain current in his support obligations. It is respondent's desire to once again practice as a real estate broker so that he might reasonably support his new family, as well as remain current with his obligations, and he would like to associate himself with William W. Harris, another licensed real estate broker. Mr. Harris testified at hearing, is aware of respondent's conviction, and is most amenable to respondent being associated with his office. Considering the quality of proof offered in this case, it is found that, notwithstanding respondent's conviction of a crime involving moral turpitude, respondent possesses the requisite honesty, truthfulness, trustworthiness, good character and good reputation for fair dealing required for licensure as a real estate broker. In reaching such conclusion the seriousness of the offense with which respondent stands convicted has not been overlooked; however, neither has the fact that the conduct which precipitated such offense had its genesis in a psychiatric disorder that is treatable and that respondent is currently experiencing success in such treatment. Under such circumstances, respondent's conviction does not detract from the conclusion that he possesses those worthy attributes of honesty, trustworthiness and fair dealing the public is entitled to expect when dealing with a real estate broker.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be rendered finding respondent guilty of violating Section 475.25(1)(f) and (p), Florida Statutes, not guilty of violating Section 475.25(1)(n), Florida Statutes, and imposing the penalty set forth in paragraph 18, supra. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 8th day of September 1992. WILLIAM J. KENDRICK Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 8th day of September 1992.
