The Issue The issue to be determined is whether Respondent, Larry A. Labay, failed to maintain good moral character as alleged in the Administrative Complaint, in violation of section 943.1395(7), Florida Statutes (2010), and Florida Administrative Code Rule 11B-27.0011(4)(a) and (b). If so, then the appropriate penalty to be imposed must also be determined.
Findings Of Fact Respondent is a certified correctional officer licensed by the Criminal Justice Standards and Training Commission. He received his correctional certificate, number 285033, on July 17, 2009. Respondent was employed by the Clay County Sheriff’s Office (CCSO) from February 16, 2010, through July 18, 2011. Respondent was in a relationship with a woman named Marissa Meszaros. Their relationship began in approximately May of 2011. Ms. Meszaros was the subject of an investigation by the narcotics unit of CCSO, which believed that she might be involved in selling narcotics. A confidential informant had been used to make controlled purchases of controlled substances from Ms. Meszaros. During the course of the investigation into Ms. Meszaros, the drug task force learned that a possible CCSO employee was at the scene of some of the controlled purchases. A video recording of some of the buys showed Respondent directly in front of an illegal drug transaction. As a result, Respondent’s conduct was also investigated. On June 27, 2011, Respondent and Ms. Meszaros were observed riding in Respondent’s red 2000 Dodge pickup truck in the Orange Park area. They were observed leaving the Orange Park mall and going into an area known as a high drug-traffic area, and then south on Blanding Boulevard toward Labay’s residence. Once Respondent left Orange Park and returned from Duval County to Clay County, Detective Mark Maertz stopped Labay’s vehicle because the tag for his truck had expired. Detective Maertz was part of the CCSO’s canine unit. Once the truck was stopped, Detective Maertz deployed his dog, Rex, who alerted to the presence of narcotics. Detective Maertz requested that Respondent and Ms. Meszaros exit the car, and they did so. Ms. Meszaros was found to have crack cocaine in her bra. (A female officer dealt with her at the scene.) Also discovered were trace amounts of a green leafy substance throughout the floorboard on the driver’s side of the truck. The substance was in plain view of anyone getting into the driver’s side of car. As a result of their training and experience, both Detective Maertz, who stopped the car, and Sergeant Shawn Gordon, who actually conducted the search of the truck, recognized the substance as marijuana or cannabis, also referred to as “shake.” Respondent was detained and questioned following the traffic stop. He was questioned after being given his Miranda rights. He also gave consent to a search of his residence. At the beginning of the interview, Respondent denied ever using drugs or seeing Ms. Meszaros using drugs. However, after some questioning, Respondent admitted to giving Meszaros money to buy drugs and seeing her use them. A search of his residence resulted in the discovery of a “bong,” or pipe used to smoke marijuana, in the common bathroom, and a crack pipe in the master bedroom. The marijuana pipe was in plain view in the hall bathroom. The crack pipe was in a cigarette box on the dresser in the master bedroom. Respondent told the detectives who questioned him that they would find the drug paraphernalia in his home. The home was owned by Respondent. Ms. Meszaros had recently moved in with Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter an Order finding that Respondent has failed to maintain good moral character as defined in rule 11B- 27.0011(4)(b) in violation of section 943.1395(7), and revoking his certification as a correctional officer. DONE AND ENTERED this 11th day of September, 2013, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON 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 September, 2013. COPIES FURNISHED: Jeffrey Phillip Dambly, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Larry A. Labay (Address of record) Jennifer Cook Pritt, 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 Petitioner's application for licensure as a community association manager by examination should be granted.
Findings Of Fact Petitioner, Miguel A. Torres (Torres), admitted to being sentenced on August 22, 1988, to one-year probation based on his plea of nolo contendere to the charge of carrying a concealed weapon. In July 1990 Torres pled guilty to battery on a law enforcement officer and disorderly intoxication. He was sentenced to jail for three days and was given three-days credit for time served prior to the imposition of the sentence. On October 3, 1991, Torres was found guilty of escape, resisting an officer without violence to his person, and criminal mischief based on Torres' plea of nolo contendere to those charges. On October 16, 1992, Torres was adjudicated guilty of aggravated assault with a deadly weapon and battery based on his plea of nolo contendere. He was placed on probation for three years. On October 16, 1992, Torres pled nolo contendere to three counts of unemployment compensation fraud and one count of grand theft. The court adjudicated him guilty of those charges, withheld sentencing, and placed Torres on probation for three years. On February 2, 1994, Torres was adjudicated guilty of driving under the influence based on his plea of guilty to that offense. On February 11, 1994, Torres' probation was revoked, and a sentence of three years was imposed for the crimes of aggravated assault with a deadly weapon and battery. The sentence was to run concurrently with the sentences for escape, resisting arrest without violence, criminal mischief, and driving under the influence. Torres was incarcerated in the state prison system from April 5, 1994, through June 30, 1995. In his application to the Department of Business and Professional Regulation, Community Association of Managers (Department), Torres included letters of appreciation that he received in 1976 relating to his performance in the Puerto Rico Army National Guard; a letter of appreciation received from the Board of Directors of the Sunset Villas Phase III, Assn., Inc, in 1989; a recommendation letter from the General Manager of the Collins Plaza Hotel, dated April 11, 1997; a letter of appreciation from the Chairman of COM'IN dated November 1997, relating to his duties at the Collins Plaza Hotel; and a letter of appreciation from the Department of Veteran Affairs for Torres' assistance as a volunteer at the VA Medical Center during Hurricane Andrew. Torres also furnished to the Department a letter from the Board of Directors of Mar Del Plata Condominium Assn., Inc., stating that Torres had demonstrated his professionalism to their satisfaction and requesting that Torres' date of examination be expedited so that Torres could accept the Board of Directors' offer of employment as manager of the condominium association. Torres did not indicate on his application whether his civil rights had been restored after his felony convictions, and no evidence was presented at the final hearing to show that his civil rights had been restored.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Miguel A. Torres lacks good moral character and denying his application for licensure as a community association manager. DONE AND ENTERED this 21st day of August, 1998, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Edward Broyles Executive Director 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 21st day of August, 1998. Regulatory Council of Community Association of Managers Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Lynda L. Goodgame General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792 Thomas G. Thomas Assistant General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0750 Miguel A. Torres, pro se 2899 Collins Avenue Apartment No. 1420 Miami Beach, Florida 33140
Findings Of Fact Respondent was certified as a corrections officer in 1972 and was so certified at all times here relevant. Respondent was a season ticket holder to the Tampa Bay Buccaneers 1983 football games. He attended the game on September 25, 1983, with four friends. Before arriving at the game the group bought a fifth of whiskey. Respondent contends he had only one drink prior to the incident with the police officers but three police officers opined that Respondent was intoxicated. During the second half of the game, with the Bucs woefully behind and some spectators leaving the stadium, Respondent was yelling disparaging remarks about the Bucs and their performance on that day. Occasionally, Respondent was standing on his seat when he yelled the remarks. Respondent was more noisy than others in the section in which his seat was located and drew the attention of Jennifer Frye, a City of Tampa police officer serving as a uniformed off-duty policewoman paid the owners of the stadium to maintain crowd control. Officer Frye motioned for Respondent to come to the platform where she was standing, some four rows above Respondent's seat. Respondent did so, climbing between the people and seats behind him as he responded to Frye's summons. When Respondent reached Frye's position, she smelled alcohol on his breath and he appeared to her to be intoxicated. Respondent was somewhat annoyed in being called up by the policewoman and wanted to know why she had beckoned him from his seat. He was gesturing with his arms and asking what he had done wrong. Officer Lois Morraro, another off-duty member of the Tampa police force, was also working in uniform at the stadium. She observed Respondent respond to Frye's request and saw Respondent arguing. Morraro approached the two and positioned herself behind Respondent. Respondent told Frye he was a season ticket holder and was entitled to be upset when the Bucs were losing. Frye and Morraro decided to evict Respondent from the stadium and when Frye initially grabbed his hand Respondent pulled away. She then told him he was under arrest and grabbed his left arm and hand with a come-along grip. Morraro grabbed Respondent's right arm, twisted it behind his back, and moved the hand up toward the shoulders. They proceeded to propel the struggling Respondent down the steps to a holding area. When they reached the holding area they were joined by Sergeant Peter Ambraz, the off- duty Tampa police officer in charge of the stadium detail. Ambraz took Respondent's right arm while Morraro handcuffed Respondent. During this time Respondent was trying to keep from being handcuffed and in the process his elbow accidentally hit Morraro in the throat while she was standing behind him putting handcuffs on him. After Respondent had been handcuffed and taken to the police station, he revealed that he was a certified corrections officer. Respondent was subsequently tried for disorderly intoxication and fired from his job with the Hillsborough County Sheriff's Department.
The Issue The central issue in this case is whether the Respondent is guilty of the violation alleged in the administrative complaint; and, if so, what penalty should be imposed.
Findings Of Fact Based upon the testimony of the witnesses and the documentary evidence received at the hearing, the following findings of fact are made: The Respondent was certified by the Commission on March 1, 1983, and was issued certificate number 06-83-502-01. Prior to January, 1990, the Respondent was employed as a correction officer at Tomoka Correctional Institution (TCI). During the course of his training and experience as a correction officer Respondent has become familiar with cannabis and is able to recognize the controlled substance both by sight and smell. Respondent has confiscated cannabis from inmates at TCI at least one hundred times. On January 17, 1990, Respondent went to the Cool Breeze Bar in Seminole County, Florida. On that date, the bar was under surveillance by the narcotics and vice unit as it was thought to be a known gathering place for individuals selling illegal narcotics. As part of his surveillance of the bar, Deputy Shea observed a man later known to be the Respondent passed out in an automobile. The automobile belonged to Respondent and he was its only occupant. When Deputy Shea approached the vehicle he observed what appeared to be a marijuana pipe on the dash of the car at approximately arm's length from the Respondent. On further search Deputy Shea retrieved an envelope containing a substance which he later field tested. That substance field tested positive for cannabis. Deputy Shea's investigation was initiated after he opened the car door and smelled an aroma which he identified with burnt cannabis. After the Respondent was aroused from his sleep, Deputy Shea patted him down and placed him under arrest. The Respondent was disoriented and remained so during the time Deputy Shea searched the vehicle. Respondent had been drinking heavily. Deputy Shea marked the seized items for identification and later sent them to the sheriff's laboratory for additional testing. That testing was performed by Ms. Alt. Ms. Alt weighed and tested the items seized from Respondent's vehicle and determined that the plant material was cannabis and weighed less than 20 grams. Respondent knew on the evening of January 17, 1990, that cannabis had been smoked in his car but claimed he was unaware of the illegal items which others had allegedly left behind. Respondent claimed his cousins had smoked the marijuana in his car while he was in the bar and that he had gone to the vehicle later to sleep off his intoxication. On March 19, 1990, the Respondent entered a plea of nolo contendere to the charge of possession of less than 20 grams of cannabis and was adjudicated guilty.
Recommendation Based on the foregoing, it is recommended that the Criminal Justice Standards and Training Commission enter a final order revoking the Respondent's certification. RECOMMENDED this 12th day of September, 1991, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of September, 1991. APPENDIX TO RECOMMENDED ORDER, CASE NO. 91-3589 RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE COMMISSION: 1. Paragraphs 1 through 14 are accepted. RULINGS ON THE PROPOSED FINDINGS OF FACT SUBMITTED BY THE RESPONDENT: None submitted. COPIES FURNISHED: Joseph S. White Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Edward Chavers 113 Scott Drive Sanford, Florida 32771 Jeffrey Long, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore, Commissioner Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue The issue in this case is whether Respondent should deny Petitioner's application for registration as a septic tank contractor on the ground that Petitioner lacks good moral character within the meaning of Section 489.553(4)(a), Florida Statutes (1997). (All statutory references are to Florida Statutes (1997) unless otherwise stated.)
Findings Of Fact Respondent is the state agency responsible for the registration and regulation of septic tank contractors in the state. Petitioner was registered as a septic tank contractor from March 29, 1991, to February 22, 1994, when Respondent's predecessor, the Department of Health and Rehabilitative Services (the "Department"), revoked Petitioner's registration. The revocation of Petitioner's registration in 1994 was based on various violations that began in 1991. In October 1991, the Department of Environmental Regulation ("DER", now the Department of Environmental Protection, or "DEP") charged Petitioner's company with pumping untreated septage into a manhole in Bonita Springs, Florida. Petitioner entered into a Consent Order in which Petitioner agreed to pay an administrative fine of $3,900 and to file prescribed reports and protocols with DER. Petitioner did not pay the fine or complete the filing requirements. DER filed an action in circuit court in Collier County, Florida to enforce the Consent Order against Petitioner. Petitioner entered into a Stipulation and Consent Final Judgment dated April 24, 1993. Pursuant to the Stipulation and Consent Final Judgment, the court imposed a fine of $5,000. Petitioner did not pay the $5,000 fine or comply with any of the other terms of the consent judgment. DER received information that on October 21, 1993, Petitioner's company again dumped untreated septage into the utility system of Collier County, Florida. DER filed a motion for contempt for Petitioner's failure to comply with the terms of the Stipulation and Consent Final Judgment. The circuit court in Collier County ordered Petitioner to pay Collier County $2,417 for the cost of repairing and cleaning wastewater lines required by the dumping of septage sludge into the county utility system. The court permanently enjoined Petitioner from ever hauling septage or sludge and required Petitioner to make monthly payments until the $5,000 penalty was paid in full. Petitioner has not paid any portion of the $5,000 penalty ordered by the court. Petitioner has not paid the $2,417 in costs incurred by Collier County. By Final Order dated May 26, 1993, the Department imposed a $500 fine and six-month probation upon Petitioner because Petitioner's company illegally dumped septage grease into a collection system at Gulf Coast Camping Resort in Fort Myers. Petitioner consented to the fine and probation. During the probation, Petitioner's employees engaged in six separate illegal dumpings into the Collier County Utility System. Petitioner's company illegally spread unstabilized septage on another occasion. On February 22, 1994, the Department revoked Petitioner's registration and imposed a fine of $4,000. Petitioner violated the revocation order by performing four septic system repairs between September and November in 1994. The aggregate cost of the repairs to the customers was $4,150, and the repairs were performed negligently. On January 20, 1995, the Department filed a Petition for Enforcement of Agency Action and Complaint for Injunctive Relief in circuit court in Lee County, Florida. Petitioner did not respond and defaulted. On April 24, 1995, the circuit court in Lee County enjoined Petitioner from engaging in any service related to septic tank systems without the direct supervision of a registered contractor. The court imposed an additional fine of $1,000 and ordered Petitioner to pay the $4,000 fine that had been imposed previously. On May 31, 1995, Petitioner signed a promissory note with the Department to evidence his obligation to pay the $5,000 in fines. Petitioner did not make the scheduled payments required under the note. In January 1996, the circuit court in Lee County issued an Order to Show Cause why the court should not hold Petitioner in contempt of court on two grounds. One ground was for repairing septic tanks without the direct supervision of a registered septic tank contractor and the other was for failing to pay the $5,000 in fines previously ordered by the court. On August 7, 1996, the court found Petitioner in contempt on both grounds. The court ordered Petitioner to pay a minimum of $100 each month until he paid the $5,000 in fines. The first payment was due on August 1, 1996. In April 1998, Petitioner filed a motion with the circuit court in Lee County seeking to modify the injunction against Petitioner. The parties settled the matter. Petitioner agreed to pay the balance of $4,000 due on his fine, and the Department agreed to delete the requirement for direct supervision by a registered septic tank contractor. The court adopted the stipulation of the parties on April 22, 1998. Petitioner paid the remaining $4,000. On October 26, 1999, Petitioner applied for registration as a septic tank contractor. On November 24, 1999, Respondent denied Petitioner's application for registration. The sole ground for denial was that Petitioner failed to satisfy the requirement in Section 489.553(4)(a) for good moral character. In determining whether an applicant has good moral character, Section 489.553(4)(a) authorizes Respondent to consider: . . . any matter that has a substantial connection between the good moral character of the applicant and the professional responsibilities of a registered contractor, including, but not limited to: the applicant being convicted or found guilty of, or entering a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the practice of contracting or the ability to practice contracting; and previous disciplinary action involving septic tank contracting, where all judicial reviews have been completed. (emphasis supplied) It is uncontroverted that the prior disciplinary history of Petitioner did not involve any criminal charges or convictions. Section 489.553(4)(a) authorizes Respondent to consider any non-criminal matter in determining Petitioner's good moral character if the non-criminal matter satisfies two conjunctive criteria in the statute. First, the non-criminal matter must have a connection between both Petitioner's good moral character and Petitioner's professional responsibilities. Second, any such connection must be substantial. It is uncontroverted that the non-criminal matters considered by Respondent in determining if Petitioner possesses good moral character are substantially connected to Petitioner's professional responsibilities. The issue for determination is whether there is a substantial connection between the non- criminal matters considered by Respondent and Petitioner's good moral character. Neither party offered any evidence of the meaning of the statutory criteria for a "substantial connection." Respondent's expert did not define "substantial connection" but opined that Petitioner's prior disciplinary history demonstrated the requisite connection. That testimony is neither credible nor persuasive. It is substantially equivalent to the circuitous definition of obscenity offered by one who can't define the term but knows it when he sees it. It is inherently subjective and invites abuse of agency discretion. If Petitioner had offered no explanation for the non- criminal matters in his disciplinary history, the nature and extent of Petitioner's disciplinary history might be sufficient to "infer" a substantial connection between the non-criminal matters and Petitioner's good moral character if such an inference were authorized by statute. However, Petitioner did offer an explanation for his disciplinary history. Petitioner's explanation was credible and persuasive and successfully rebutted any inference of a substantial connection between Petitioner's past disciplinary history and Petitioner's good moral character. Petitioner was 21 in 1991 and the sole owner of his business. Petitioner did not personally dump untreated septage into the Collier County Utility System. Nor did Petitioner direct his employees to do so. Petitioner's employees carried out the dumpings without Petitioner's knowledge. When Petitioner learned of the violations, Petitioner accepted responsibility for the actions of his employees and entered into consent orders with the state agency. Petitioner did not intentionally disregard any fines, costs, or other requirements imposed by state agencies or courts. Petitioner was unable to comply with the orders or to pay fines and costs imposed in the orders because of circumstances beyond Petitioner's control that began with the birth of his son. In 1992, Petitioner's son who was born immune deficient. Two or three times a week, Petitioner and his wife took their son for treatment at the hospital in St. Petersburg, Florida and at Shands Teaching Hospital at the University of Florida. Petitioner and his wife devoted all of their time, attention, and financial resources to the care and treatment of their son. The cost of medical care for Petitioner's son exceeded $3 million and exhausted the $2 million coverage available in Petitioner's personal health insurance policy. All of Petitioner's financial resources went into the care of his son. Petitioner's wife could not work because she devoted all of her time to the care of her son. Although the state eventually paid the amount of medical costs that exceeded Petitioner's $2 million health coverage, there was substantial delay between the time Petitioner incurred the medical bills and payment by the state. Petitioner completely neglected his business between 1992 and 1996 but allowed his employees to assume operating control in an effort to maintain his business income for his family. During that time, Petitioner's company was charged with additional violations. Petitioner had no personal knowledge of the dumping and spraying violations that occurred between 1993 and 1994. Petitioner did not direct his employees to commit those acts. When Petitioner learned of those violations, Petitioner accepted responsibility and attempted to resolve the matters with the respective state agencies. Petitioner had no money for an attorney and attempted to resolve these matters without the benefit of legal representation. Between September and November in 1994, Petitioner was personally responsible for negligently performing septic tank services on four occasions in violation of the order revoking his license. However, no evidence demonstrates a substantial connection between the negligent performance of septic tank repairs in 1994 and Petitioner's good moral character. Negligence lacks the culpable intent inherent in bad moral character. No evidence demonstrates a substantial connection between Petitioner's violation of the revocation order and Petitioner's good moral character. Petitioner testified that he made those repairs under the supervision of, and as an employee of, his father or brother who are both registered septic tank contractors. When Petitioner made the septic tank repairs, Petitioner was facing substantial medical expenses for a severely ill child and arguably had a moral duty to satisfy those responsibilities. Petitioner has a high school education. He has no other vocational training except in performing septic tank services. He began working for his father and brother immediately after high school and later began his own business. Petitioner testified that between 1992 and 1995, Petitioner had no intention of doing anything except taking care of his son. Petitioner relinquished operating control of his business to his employees, relied completely on his employees to run his business, and attempted to preserve his business income because he needed money for his son. Petitioner's testimony was credible and persuasive. Petitioner's prior disciplinary history does not include an act of environmental harm by Petitioner's employees after February 22, 1994, when the Department revoked Petitioner's registration as a septic tank contractor. The most egregious of the violations by Petitioner's employees required them to haul septage. If Respondent grants Petitioner's application for registration, Petitioner cannot haul septage because he is permanently enjoined from doing so by the circuit court in Collier County. Petitioner's prior disciplinary history does not include a violation by Petitioner after the last septic tank repair completed by Petitioner in November 1994. Since that time, Petitioner has paid outstanding fines of $5,000, and Respondent has agreed to allow Petitioner to provide septic tank services without the direct supervision of a registered septic tank contractor. Petitioner has not paid all of the fines and costs assessed against him. However, the evidence submitted by Petitioner refutes any arguable inference that a substantial connection exists between Petitioner's good moral character and his failure to pay the outstanding fines and costs. The evidence shows a substantial connection between Petitioner's failure to make payment and circumstances beyond Petitioner's control. Respondent's determination of Petitioner's good moral character, including the testimony of Respondent's expert, was based solely on a review of the documents contained in Respondent's agency file. When Respondent determined there was a substantial connection between Petitioner's prior disciplinary history and Petitioner's good moral character, neither Respondent nor Respondent's witnesses made any attempt to contact Petitioner to obtain an explanation of Petitioner's prior disciplinary history or to independently investigate the connection between Petitioner's disciplinary history and his good moral character and the substantiality of the connection. Petitioner's explanation showed a substantial connection between Petitioner's prior disciplinary history and circumstances beyond Petitioner's control. Respondent failed to refute Petitioner's explanation with credible and persuasive evidence of a substantial connection between Petitioner's prior disciplinary history and his good moral character. After hearing Petitioner's explanation for his prior disciplinary history, Respondent's expert testified that the evidence did not alter his opinion that Petitioner lacked good moral character because Petitioner still owed fines and costs and because Petitioner had not yet said he was sorry.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order finding that Petitioner possesses good moral character within the meaning of Section 489.533(4)(a) and granting Petitioner's application for registration as a septic tank contractor. DONE AND ENTERED this 21st day of June, 2000, in Tallahassee, Leon County, Florida. DANIEL MANRY 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, 2000. COPIES FURNISHED: Dr. Robert G. Brooks, Secretary Department of Health Bin A00 2020 Capital Circle, Southeast Tallahassee, Florida 32399-1701 William W. Large, General Counsel Department of Health Bin A02 2020 Capitol Circle, Southeast Tallahassee, Florida 32399-1701 Angela T. Hall, Agency Clerk Department of Health Bin A02 2020 Capitol Circle, Southeast Tallahassee, Florida 32399-1701 Susan Mastin Scott Chief Legal Counsel Department of Health Post Office Box 9309 Fort Myers, Florida 33902-9309 Michael F. Kayusa, Esquire 1922 Victoria Avenue, Suite A Post Office Box 6096 Fort Myers, Florida 33911
Findings Of Fact On December 20, 1985, Respondent was certified by the Criminal Justice Standards and Training Commission and issued certificate no. 14-84-502-04. Respondent's work in law enforcement in Florida has been as a correctional officer. On the night of December 27, 1986, Respondent left his home to go to the American Legion in Lake City, Florida. On his way he met his friend Eddie Goodbread, Jr. Goodbread asked the Respondent if he could go with him to the American Legion Club. The Respondent agreed to have Goodbread come with him. Once at the American Legion the two men socialized. When they got ready to leave the club the Respondent left with his girlfriend. Goodbread took the Respondent's car and parked it on Myrtle Street. Goodbread then went with the Respondent and the Respondent's girlfriend and another person, which the Respondent describes as a girl, to the house of a friend other than Goodbread. At that point the Respondent and Goodbread split up again. Respondent was then with his girlfriend and Goodbread had the keys to Respondent's car. The Respondent came back later and met with Goodbread. Prior to the rendezvous, while Respondent had been with his girlfriend in her car, he had placed a .25 caliber automatic pistol in the glove box of that car. He had a license to carry this weapon issued by local authorities. The weapon was not contemplated as being a necessary item for his work as a correctional officer. When the Respondent got out of his girlfriend's car and approached Goodbread, the Respondent had the pistol in his coat pocket. Respondent told Goodbread that he was ready to go home because he had to go to work the next morning. Goodbread said, in kidding with the Respondent, that he did not have the car keys and that he had locked them in the car. Respondent recognized that he was joking with him. Nonetheless, Respondent looked in the car and saw that the keys were not there. Respondent returned to Goodbread and told Goodbread to give him his keys. Goodbread again told Respondent that the keys were locked in the car. Respondent told Goodbread that he was starting to go home. Goodbread's reaction to this remark was to get in the car and say "let's go." Goodbread then jumped out of the car and said that he was not ready to go. Respondent told him to come on and give him his keys. Respondent told Goodbread "come on man. Let's go." Goodbread told Respondent that he wasn't ready to go that he wanted to talk to some girl. Respondent said "come on let's go." Respondent took the gun out and said "you are going to make me put this on you. Come on let's go." Goodbread grabbed the gun unexpectedly and the gun discharged and killed Goodbread. Respondent never intended to injure Goodbread in his display of the pistol. Eight or ten witnesses saw the incident. It was investigated by the Lake City Police Department and Respondent cooperated in that endeavor to include turning over the pistol to the police and giving a voluntary statement about the incident. Respondent was charged through the Grand Jury of Columbia County, Florida, with the exhibition of the handgun in a rude, careless, angry, or threatening manner, not in necessary self defense and contrary to Section 790.10, Florida Statutes. A copy of that indictment may be found as Petitioner's Exhibit No. 1. As set forth in Petitioner's Exhibit No. 2, Respondent plead guilty to the offense and was fined $176. The firearm was forfeited to the state, he received 11 days in jail and a condition was placed upon him not to possess a firearm for one year. Respondent claims that as a consequence of the incident with his friend Goodbread he began to drink more than he had before. There being no frame of reference to compare his drinking habits before and after the incident, this comment has little utility in understanding his motivation to drink and drive. It has been established that on September 13, 1987, in the early morning hours of that day, specifically around 1:30 a.m., the Respondent was observed by Deputy Sheriff Charles R. Tate of the Columbia County, Florida Sheriff's office, driving in a reckless manner. In this incident the Respondent pulled out of Church Street onto Bay Avenue in Lake City, Florida, in a reckless manner. The officer speeded up in his attempt to stop the Respondent and engaged the emergency equipment in the officer's car. Respondent went west bound on Bay and turned south on Marion Street which is U.S. 41. In the course of this pursuit Respondent accelerated to speeds up to 65 miles per hour. Respondent finally pulled over around the intersection of Marion Street and Grandview Avenue. Respondent cooperated with Officer Tate in the investigation of the driving offense. This included the officer noting that the Respondent had the smell of alcohol about his person. As a consequence, the Respondent was asked to perform certain activities associated with a field sobriety test to ascertain if Respondent was capable of operating his motor vehicle. When the Respondent tried to perform the finger to nose test which is given with each hand, he was unable to do that with either hand. In trying to perform the walking test Respondent staggered and when he made the return trip in the walking test he nearly fell over and had to support himself. From the observations of the Respondent Officer Tate believed that the Respondent was driving under the influence when the stop was made. He arrested the Respondent for that offense and took him to the Florida Highway Patrol station where Robert Bellamy, a trained breathalyzer operator, administered a breathalyzer test to the Respondent. The results show that the Respondent was registering at .16 at 2:25 a.m., and registering at .15 at 2:27 a.m. with .10 being the legal presumption for impairment. Respondent was then taken to the Columbia County Jail. While at the jail correctional officer Jacklyn Yvonne Jones- Holland attempted to fingerprint his right hand. Ms. Holland knew of the Respondent before this evening but had had no opportunity before to speak to the Respondent. In the course of the fingerprinting Respondent took his left hand and rubbed it on the side of the officer's leg in the area of her groin. The first time he did this she stepped back on the chance that the Respondent was unaware of what he was doing at the time. However, when she moved the Respondent again put his hand on her leg in the area of her groin. Based upon the facts of this case in which Officer Tate describes the quality of the Respondent's impairment on a scale of 1 to 10, as being a 5 and Ms. Holland describes this impairment to be 6 or 7 on a scale of 1 to 10, Respondent is not found to be so under the influence that he did not realize what he was doing when inappropriately touching Ms. Holland in two instances. When he touched her the second time Ms. Holland went to another part of the building and made out a complaint against the Respondent for his assault and he was arrested for that offense. An Officer Myers read the Respondent his rights related to the assault during which conversation Respondent said, "I'm drunk. Oh yeah, that's what I'm here for. I'm drunk." There was no verbal exchange between the Respondent and Ms. Holland during the inappropriate touching. Ms. Holland had not invited those actions by the Respondent. The Petitioner's Composite Exhibit 3 constitutes the Florida Uniform Traffic Citation for the offense of driving under the influence and the disposition of that case in which the Respondent was fined $411, had his license suspended for six months, and attended school for persons who have driven under the influence. He also attended Alcoholics Anonymous and received other counseling contemplated for persons who may have drinking problems. Respondent says that he does not drink at present and no evidence was offered which would refute that claim. Respondent was charged under information with the unlawful, intentional and knowing touching or striking of Jacklyn Yvonne Jones-Holland and plead guilty to battery. He received a period of probation of one year for that offense. Certified copies of the information and order withholding adjudication of guilt and placing the defendant on probation can be found as exhibit numbers 5 and 4 respectively. The reckless display of the firearm leading to the death of his friend, and the battery committed on Ms. Holland are all indications of a lack of good moral character and are events for which the Respondent has no acceptable explanation or excuse. Driving under the influence is reprehensible but does not show a lack of good moral character.
Recommendation Based upon the findings of fact and the conclusions of law, it is, RECOMMENDED: That a Final Order be entered suspending the certificate of the Respondent for a period of six months. DONE and ENTERED this 6th day of December, 1989, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of December, 1989. APPENDIX TO RECOMMENDED ORDER, CASE NO. 89-3816 The facts as presented by the Respondent are commented on as follows: Paragraphs 1-5 are subordinate to facts found. Paragraph 6 is not accepted to the extent that it argues that the incident involving the death of Mr. Goodbread is directly responsible for the fact that the Respondent was driving under the influence on the night in question and committed the battery on Ms. Holland. Furthermore, the suggestion that the Respondent was too under the influence to understand the fact of his battery against Ms. Holland is rejected. His testimony that he does not have a recollection of touching Ms. Holland runs contrary to the impression of the facts, that impression being that the act of the Respondent was volitional. The idea of his cooperation with Trooper Bellamy in the administration of the breathalyzer examination and the efforts to comply with what was expected of him in responding to the circumstance of the driving under influence offense is recognized as mitigation, but does not explain away the offense. The suggestion in Paragraph 7 that the death of the friend and the driving under the influence are interrelated is not accepted. Respondent did indicate that he was emotionally upset over the death of his friend, this would be expected but it is not clear to what extent his drinking increased following the death of the friend as compared to his drinking habits before that time. Respondent's suggestion that he is free from the effects of alcohol problems at present was not refuted. Therefore, there is no reason to believe that he presently has any problem with alcohol abuse. Reference to other traffic violations and his service record as a correctional officer leaves a neutral impression of the Respondent which is neither to his advantage or that of the Petitioner. Consequently, the facts of those prior events have not been reported in the fact-finding set forth in the Recommended Order. Paragraph 8 is contrary to facts found. COPIES FURNISHED: Joseph S. White, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Stephen A. Smith, Esquire Post Office Drawer 1792 Lake City, Florida 32056-1792 Jeffrey Long, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 James T. Moore, Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 =================================================================
Findings Of Fact 1. Incorporated in Finding of Fact 1. 2-7. Incorporated in Finding of Fact 16. Incorporated in Finding of Facts 3 and 4. Incorporated in Finding of Fact 6. 10-11. Incorporated in Finding of Facts 7 and 8. Incorporated in Finding of Facts 10 and 11. Rejected as contra to the weight of the evidence. Incorporated in Finding of Fact 17. Incorporated in Finding of Fact 16. Incorporated in Finding of Facts 12-14. Incorporated in Finding of Fact 15. Incorporated in Finding of Facts 12-14. Incorporated in Finding of Fact 15.
Recommendation Based on the foregoing Findings Of Fact and Conclusions Of Law, it is, therefore RECOMMENDED that: Respondent's certification as a corrections officer be revoked, but that the revocation be suspended and respondent placed on probation for a-period of two years at which time if there is no further evidence of misconduct by the Respondent, the revocation be remitted and the probation terminated. RECOMMENDED this 22nd day of July, 1986, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings This 22nd day of July, 1986. COPIES FURNISHED: Joseph S. White, Esq. Assistant General Counsel Department of Law Enforcement P. O. Box 1489 Tallahassee, FL 32302 Gene "Hal" Johnson, Esq. 233 W. College Avenue Tallahassee, FL 32301 Robert R. Dempsey Executive Director Department of Law Enforcement O. Box 1489 Tallahassee, FL 32302 APPENDIX The following constitutes my specific rulings pursuant to Section 120.57(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case.
The Issue Whether the allegations of the Amended Administrative Complaint are correct and, if so, what penalty should be imposed.
Findings Of Fact The Respondent holds a Class "D" Security Officer license number D92- 03311. The license was issued in 1992. Beginning in 1992, the Petitioner resided with his companion, Tiatiana Aleksandrova, and their children Ruth and Ilia Shuvalov. On December 18, 1992, the Respondent and Tiatiana were arguing and he shoved Tiatiana. Daughter Ruth, 14 years old, was present and saw the incident occur. Apparently attempting to protect her mother, Ruth became involved in the altercation. At the point of her involvement, the Respondent grabbed Ruth by the arm and throat, and pushed her into the kitchen wall. Ruth, much younger and smaller than the Respondent, posed no threat of harm to him. Immediately after the December 18 incident, Tiatiana, Ruth and 12 year old Ilia went to the Gulfport, Florida, Police Department where they discussed the incident with Officer Michael J. Bieluwka. Officer Bieluwka went to the Respondent's home. The Respondent refused to cooperate in the investigation. Based on the accounts of the events provided by Tiatiana and the children, Officer Bieluwka believed he had probable cause to arrest the Respondent. He attempted to effect the arrest at the Respondent's home. As Officer Bieluwka placed the Respondent under arrest, the Respondent pulled his arm from the officer's grasp and attempted to get away from him. The Respondent was charged with resisting arrest without violence. Eventually, the Respondent entered a plea of no contest and was convicted of resisting arrest without violence. On June 22, 1993, Tiatiana and the children were asleep in the Respondent's home. Just before dawn, the Respondent entered the room where Tiatiana slept, kicked her, pulled her hair, and demanded that she get up. Based on the June 22 event, the Respondent was charged with criminal battery. He entered a plea of no contest and was convicted of battery. On July 20, 1993, the Respondent had shut off the water line to the house at the main valve. Tiatiana, attempting to bathe, went outside and turned the water back on. An argument ensued outside the house and continuing when they reentered the structure. As Tiatiana stood in the kitchen, the Respondent entered through a screen door. The door closed on and broke a drinking glass he held in his hand. He threw the broken glass towards Tiatiana. The glass struck and cut her right leg just below the knee. Based on the July 20 event, the Respondent was charged with criminal battery. He entered a plea of no contest and was convicted of battery. There is no evidence that Tiatiana posed a threat of harm to the Respondent at any time or that she consented to the violence. There is no evidence that commission of violence or use of force on any person was required to protect the Respondent or another person from physical harm.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department Of State, Division Of Licensing, enter a Final Order revoking the Class "D" Security Officer license of Edward Shuvalov, license number D92-03311, and imposing a fine of $1,500. DONE and RECOMMENDED this 13th day of March, 1995 in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM 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 13th day of March, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-4482 To comply with the requirements of Section 120.59(2), Florida Statutes, the following constitute rulings on proposed findings of facts submitted by the parties. Petitioner The Petitioner's proposed findings of fact are accepted as modified and incorporated in the Recommended Order. Respondent The Respondent's proposed recommended order is a statement of the financial hardship which will allegedly be imposed if he does not prevail in this case. The Hearing Officer's responsibility is to determine whether the allegations of the Administrative Complaint are correct and, if so, what penalty should be imposed. The imposition of penalties is governed by the Rules cited herein. The Respondent's proposed recommended order is rejected as legally irrelevant. COPIES FURNISHED: Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250 Richard Whidden, Jr., Esquire Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Edward Shuvalov Post Office Box 5057 Gulfport, Florida 33737
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against him, and, if so, what disciplinary action should be taken against him, if any.
Findings Of Fact At all times material hereto, Respondent Homer Rozier has been certified as a correctional officer in the State of Florida. On February 17, 2003, Respondent was employed at the South Bay Correctional Facility. He resigned from that employment on or about July 16, 2003. On February 17, 2003, Chad Pelham was employed as a loss prevention officer at the Wal-Mart located in Clewiston, Florida. As a law enforcement officer certified by the State of Florida for the five years previous, Pelham had been trained in law enforcement techniques, including observation, and was qualified to perform store security duties. On that date, Respondent and his wife entered the Wal- Mart to shop. Since other Wal-Mart employees told Pelham they suspected that Respondent had stolen items from the store on previous occasions, Pelham and his partner followed Respondent and his wife, watching them as they shopped. Respondent and his wife selected some baby shoes from the shelf, removed the tags, and placed the shoes on their infant. They continued walking through the store, stopping to remove a bottle of water from the Wal-Mart cooler, and drinking the water as they shopped. Respondent and his wife proceeded to the houseware section. Respondent removed two wallpaper borders and a bathroom tumbler from the displays and hid them in his baby's diaper bag that he had in the shopping cart. In the deli department of the store Respondent and his wife obtained a bag of chicken. They ate the chicken as they walked through the store and then discarded the bag. In the electronics section of the store Respondent took two magazines related to certain electronic games, such as Nintendo X-box, and put them in his shopping cart. These magazines were sold by Wal-Mart for approximately $15 and $13. When Respondent was in the housewares section he placed the magazines under some towels (or rugs), concealing them. Respondent and his wife then proceeded to the cashier and paid for some of the merchandise they had taken. They did not pay for the chicken they had eaten or the water they had drunk or the baby shoes they had placed on their baby's feet. After paying for the items in their cart and having those items placed in blue Wal-Mart bags, Respondent and his wife left the register area as they would do to exit the store. They did not exit, however. Instead, carrying the Wal-Mart bags containing the items they had paid for, they split up, with Respondent returning to the housewares section and his wife returning to the groceries section. In the housewares section, Respondent retrieved the gaming magazines he had hidden under the towels (or rugs) and placed them in the Wal-Mart bags containing items that had been purchased. He then rejoined his wife in the grocery aisles where they placed some small items in the bags containing the items that they had purchased. They then proceeded to exit the store without returning to a cashier to pay for the items they had not purchased. After Respondent and his wife exited through the first of two sets of exterior doors, Pelham and his partner detained them. Pelham and his partner retrieved the merchandise Respondent and his wife had not paid for and contacted the City of Clewiston Police Department. Officer Demetrius Scruggs responded to the call, coming to the store and arresting Respondent for retail theft.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the allegations contained in the Administrative Complaint filed against him and suspending his certification as a correctional officer for a period of 90 days. DONE AND ENTERED this 23rd day of September, 2004, in Tallahassee, Leon County, Florida. S LINDA M. RIGOT 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 23rd day of September, 2004. COPIES FURNISHED: Rod Caswell, Program Director Division of Criminal Justice Standards and Training Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Michael Ramage, General Counsel Division of Criminal Justice Standards and Training Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Linton B. Eason, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Homer Rozier 633 Southwest Eighth Street, No. 5 Belle Glade, Florida 33430
The Issue The issue in this case is whether Petitioner's application for licensure as a building inspector should be granted or denied.
Findings Of Fact Petitioner submitted an application for licensure as a building inspector on August 6, 2003. The application was reviewed by Respondent and subsequently denied on the basis that it contained “materials which questions [sic] the good moral character of Petitioner,” and that Petitioner’s application "failed to provide complete supporting documentation relating to all previous disciplinary actions which could also impact a determination concerning [Petitioner's] moral character." No notification that Petitioner’s application lacked supporting documentation was sent by the Department to Petitioner. Petitioner’s application lists prior convictions for traffic-related offenses, such as careless driving, driving with a suspended license, and DUI. Petitioner has never been convicted of a crime involving dishonesty, false statement, fraud, or theft. Petitioner has never been convicted of a felony. Petitioner was under the influence of alcohol at the time that all of the traffic-related offenses were committed. Petitioner is now a recovering alcoholic who has been actively involved with Alcoholics Anonymous (“AA”) for over three years on a voluntary basis. His sobriety date is May 25, 2001. The sobriety date is important because it marks the date when an alcoholic makes and implements a commitment to a new way of life. AA operates on the principle generally accepted by the medical community that alcoholism is a disease, and not a moral issue. AA operates on the principle that although there is no cure for alcoholism, there is a daily reprieve. AA is a 12-step program providing guidelines to living. AA works only if the alcoholic follows the twelve steps to the best of his or her ability. A person who is not willing to change his or her life cannot be helped by AA. AA is an ongoing lifetime process of personal improvement, the pinnacle of which is service to others. Petitioner is a totally different person now as compared to the way he used to be. Petitioner admits that his alcohol-related impairment was the primary cause of the episodes of misconduct prior to his commitments to a life of sobriety and to the principles of the AA program. Petitioner’s last criminal conviction was in 1998. Since becoming sober, Petitioner purchased his own home and recently married. Petitioner is an officer in his AA home group, with responsibilities that include overseeing the group’s activities, setting up meetings, chairing meetings, providing coffee, and paying rent for the meeting site with monies that the group has entrusted to him. Petitioner regularly chairs his home group meetings, and has spoken on alcohol-related issues to several other community groups, including the Salvation Army and the Comprehensive Alcohol Rehabilitation Program. Petitioner has become a person of integrity who cares about others, reaching out to new AA attendees as a mentor. Petitioner has been regularly employed since he stopped drinking. Joe Iagrossi has known Petitioner for a little more than two years. Petitioner is employed by Iagrossi’s company, Construction Inspections of the Palm Beaches. Iagrossi considers Petitioner to be a reliable, honest, and truthful employee, trusts Petitioner’s judgment, and has confidence in his work. Iagrossi believes that Petitioner has the ability to distinguish right from wrong, as well as the character to observe the difference. There have never been any conduct issues with Petitioner, and he possesses a good reputation within the company. Iagrossi is of the opinion that Petitioner can practice building inspection with reasonable skill and safety to the general public. Richard Sussan is Petitioner’s AA sponsor and has known Petitioner for two years. Sussan considers Petitioner a person of integrity, who cares about others, is reliable and honest, and is very committed to AA. Petitioner is a member of, and is actively involved with the activities of, Christ Fellowship Church. Petitioner is a regular volunteer in the church’s Special Needs Ministry. The Special Needs Ministry is a program which allows families of children with special needs to attend regular church services by providing volunteers to watch the special needs children during that time. For the past two years Petitioner has volunteered every other Sunday to watch a special needs child so that the child's parents can attend church services. Petitioner is highly regarded by church officials and church members who know him, and in that group he enjoys a reputation of being very reliable, honest, and a person of integrity and good morals. Petitioner worked for the architectural firm of Ames Bennett & Associates, P.A. for fifteen years. Petitioner’s duties included field inspections for residential and commercial projects, for code and contract compliance, from geotechnical and foundation through trim work, ADA, and fire safety oversight. Petitioner also managed the office, paid bills, interviewed job applicants, and showed new employees inspection techniques. Petitioner passed the Southern Building Code Congress International certification examination for Building Inspector on November 20, 2001. Petitioner passed the International Code Council certification examination for Building Inspector on September 18, 2003. Chapter 11 of the Florida Building Code governs enforcement of the Florida Americans with Disabilities and Accessibility Implementation Act. The Act defines “disability” as “physical or mental impairment that substantially limits one or more major life activities, and includes alcoholism."
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered granting Petitioner's application for licensure as a building inspector. DONE AND ENTERED this 9th day of August, 2004, in Tallahassee, Leon County, Florida. S MICHAEL M. PARRISH 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 9th day of August, 2004.
