Findings Of Fact The Respondent was certified by the Criminal Justice Standards and Training Commission on October 2, 1981, and was issued certificate number 02- 29012. On September 7, 1985, the Respondent, who was then employed as a policeman by the town of Mount Dora, arrested Roger Bivins for driving under the influence of alcohol and speeding. Subsequent to arresting Mr. Bivins, the Respondent transported him to the Lake County, Florida, jail for booking. The Respondent and Mr. Bivins entered the jail booking room at about 4:15 a.m. Sergeant Paul Bass and Officer Edward Johnson, jail correctional officers, were on duty in the booking room at the time. The Respondent instructed Mr. Bivins to be seated on a bench in the booking room. Mr. Bivins, whose hands were handcuffed behind his back, complied. The Respondent checked the arrest affidavit and booking sheet which had been prepared in connection with the arrest of Mr. Bivins, and submitted them to Sergeant Bass for approval. The Respondent then turned his attention to Mr. Bivins who sat on the bench. The Respondent asked Mr. Bivins if "he could have his handcuffs back." Mr. Bivins answered "no" and added that he intended to have a lawyer "take care of it." Mr. Bivins offered no physical resistance, nor did he physically threaten the Respondent. The Respondent became angry and shouted at Mr. Bivins. The Respondent said he could "take his gun and badge off." The Respondent then grabbed Mr. Bivins by the arm, stood him up, and hurled him very hard head-long four to five feet into some steel jail bars. Mr. Bivins, who was still handcuffed with his hands behind him, could not catch himself. Mr. Bivins struck the bars with the right cheek of his face and then fell backward onto his back, dazed. His face and back were injured as a result. Sergeant Bass intervened and assisted Mr. Bivins to a nearby desk. Sergeant Bass observed an injury to Mr. Bivins' face and observed "seven or eight welts" on Mr. Bivins' back. Sergeant Bass was concerned about these injuries and contacted the jail nurse, Mary Jo Robbins. Ms. Robbins, a licensed practical nurse employed by the Lake County Jail, saw Mr. Bivins at about 4:55 a.m. Ms. Robbins observed the welts on Mr. Bivins' back and hematomas under his right eye. The hematomas appeared "purplish" and swollen to Ms. Robbins who concluded Mr. Bivins had suffered a "pretty hard lick." Ms. Robbins gave Mr. Bivins Tylenol capsules for his pain, and recommended that he go to the hospital to get an X-ray of his face because the force of the blow suffered by Mr. Bivins could have fractured a facial bone. Although no bone was broken, Mr. Bivins suffered pain for two to three days thereafter.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that certificate number 02-29012 held by the Respondent, Milton J. Tinis, be revoked. Hearing Officer WILLIAM B. THOMAS Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of July, 1987. COPIES FURNISHED: Joseph S. White, Esquire Post Office Box 1489 Tallahassee, Florida 32302 Mr. Milton J. Tinis 1502 Tyringham Road Eustis, Florida 32726 Rod Caswell, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Robert R. Dempsey Executive Director Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact Background In June 1988, respondent, Florida Department of Law Enforcement, Criminal Justice standards and Training Commission (Commission), acting on a tip from the local media that intervenor, Metropolitan Dade County, Department of Corrections and Rehabilitation (County), had in its employ a number of corrections officers who were not certified, undertook a review of the County's employment records. Following a comparison of the County's records and those of the Commission, the Commission identified 363 individuals, including the petitioner, who were employed by the County as correctional officers but who had not been certified by the Commission. On August 10-11, 1988, Commission personnel visited the County's personnel office, and audited the personnel file of each of the 363 individuals in question. The audit demonstrated that the files were disorganized, lacking documentation required by Rule 11B-27.002, Florida Administrative Code, to apply for certification, and that the County had failed to apply for certification on behalf of the 363 officers.2/ Over the course of their two-day visit, the Commission's personnel set up an "assembly line" and, together with the County's staff, attempted to complete the documentation on each file. Variously, registration forms and affidavits of compliance were prepared, and birth certificates, fingerprint cards and other missing documentation was assembled. On August 12, 1988, the Commission's personnel returned to Tallahassee with the subject registration forms and affidavits of compliance. Over the course of time, these applications were processed and the vast majority of the individuals were certified; however, the Commission declined, for reasons hereinafter discussed, to certify petitioner. The pending application Petitioner, Lydia Diaz (Diaz), has been employed by the County as a correctional officer since February 26, 1988, without benefit of certification. On August 10, 1988, as a consequence of the aforementioned audit, the County, as the employing agency, applied for certification on behalf of Diaz.3/ Accompanying the application (registration) was an affidavit of compliance, dated February 26, 1988, signed by Fred Crawford, Director of Metropolitan Dade County, Department of Corrections and Rehabilitation, which comported with existing law and which certified that such employing agency had collected, verified, and was maintaining on file evidence that Diaz had met the provisions of Section 943.13(1)-(8), and Section 943.131, Florida Statutes, or any rules adopted pursuant thereto. Among the provision of section 943.13 is the requirement that the applicant be of good moral character. By letter dated November 7, 1988, the Commission notified Diaz and the County that her application for certification as a correctional officer was denied for lack of good moral character because: You unlawfully and knowingly obtained or used or endeavored to obtain or to use clothing, the property of Burdines with the intent to either temporarily or permanently deprive the owner of a right to the property or a benefit there from or to appropriate the property to your own use or to the use of any person not entitled thereto. You have unlawfully and knowingly possessed and introduced into your body cannabis. Following receipt of the Commission's letter of denial, Diaz filed a timely request for a formal hearing pursuant to Section 120.57(1), Florida Statutes. In her request for hearing, Diaz denied that she failed to possess the requisite good moral character necessary for certification. Good moral character Pursuant to Rule 11B-27.0011, Florida Administrative Code, the County, as the employing agency, is responsible for conducting a thorough background investigation to determine the moral character of an applicant. Consistent with such mandate, the County routinely uses previous employment data, law enforcement records, credit agency records, inquiries of the applicant's neighbors and associates, and a pre-employment interview, at which a polygraph examination is administered, to assess an applicant's moral character. In assessing an applicant's character, the County is bound by the provisions of Rule 11B-27.0011(2), Florida Administrative Code, which provides: The unlawful use of any of the controlled substances enumerated in Rule 11B-27.00225 by an applicant for certification, employment, or appointment at any time proximate to such application for certification, employment, or appointment conclusively establishes that the applicant is not of good moral character as required by Section 943.13(7). The unlawful use of any of the controlled substances enumerated in Rule 11B-27.00225 by an applicant at any time remote from and not proximate to such application may or may not conclusively establish that the applicant is not of good moral character, as required by Section 943.13(7), depending upon the type of controlled substance used, the frequency of use, and the age of the applicant at the time of use. Nothing herein is intended, however, to restrict the construction of Section 943.13(7), only to such controlled substance use. The substances enumerated in rule 11B-27.00225 are amphetamines, barbiturates, cannabis (marijuana), opiates, cocaine, phencyclidine, benzodiazepines, and methaqualone. Pertinent to this case, Diaz filed an application with the County for employment as a correctional officer on October 8, 1987. Her application disclosed that she had used marijuana, the last time being in July 1987, and that she had been arrested for petit theft in 1979, but had not committed the offense. Regarding her use of marijuana, the proof demonstrates that Diaz did use marijuana on one occasion in July 1987. At the time, Diaz had been out to dinner with some girl friends, after which they stopped by an acquaintance's home to socialize. Upon arrival, someone was smoking marijuana and asked her to have some. Diaz initially refused, but upon the insistence of the group took a puff and passed it on to someone else. Other than this limited contact with marijuana, Diaz has only used the substance twice in her life, and that occurred at home, during the course of one evening, with her first husband in 1975. At that time, Diaz smoked marijuana, at her first husband's request, while they watched television that evening. But for this limited use, Diaz has not otherwise used marijuana or any other controlled substance. Regarding her arrest in March 1979 for petit theft, the proof demonstrates that such charges were dismissed and that Diaz did not commit the offense. Under the provisions of rule 11B-27.0011(2), the use of a controlled substance does not conclusively establish that an applicant lacks the good moral character necessary for certification unless such use was "proximate" to her application. The Commission has not defined the term "proximate," and offered no proof at hearing as to what it considers "proximate" usage within the meaning of rule 11B-27.0011(2). Variously, the law enforcement agencies of the state have been left with no definitive guideline from the Commission, and have adopted various standards. Pertinent to this case, Dade County has adopted a term of one year as the standard by which it gauges the "proximate" use of a controlled substance to an application for employment. Under such policy, an applicant who has refrained from such use for at least one year preceding application will not be automatically rejected as lacking good moral character. Rather, the applicant's entire background will be evaluated to determine whether she currently possesses the requisite moral character for employment. Here, Diaz, born November 2, 1955, used marijuana in July 1987, only 7 months before her employment by the County as a correctional officer. Such use was, by the County's own interpretation of the rules, proximate to her employment and should have resulted in the rejection of her application. Fred Crawford, then Director of Metropolitan Dade County, Department of Corrections and Rehabilitation, made, however, an exception in Diaz' case, since her mother was an employee of long standing with his office, and employed her on the condition that she refrain from the use of any controlled substance and that she excel in her performance. Diaz has satisfied both conditions. Following her employment in February 1988, Diaz was graduated first in a class of 40 correctional officers from the academy. She was certified by the Commission on June 17, 1988, for completion of the 675-hour basic correctional officer course, and on October 13, 1988, for the 40-hour advanced report writing and review course. To date, Diaz has been employed by the County as a correctional officer, a position of trust and confidence, for over one year. Her evaluations have been above satisfactory, and her periodic drug screenings have all met with negative results. By those who know of her, she is considered an excellent employee, observant of the rules, honest, fair and respectful of the rights of others. Apart from her exceptional performance as a correctional officer, Diaz has other traits that reflect well on her moral character. Currently she is remarried and the mother of three children. By those who know of her, she maintains a good home and is an excellent parent. In addition to her other responsibilities, she attends night school at Miami-Dade Community College, where she has made the Dean's list for having achieved all "A's" the last two terms. Diaz is also current on all her obligations, and enjoys a good credit reputation in the community. While Diaz' use of marijuana in July 1977 was proximate to her employment by the County, and should have resulted in the rejection of her application, this proceeding is a de novo hearing on her application for certification, and her qualifications are, therefore, evaluated as of the date of hearing. Here, her use of marijuana two times, the last time being almost 2 years ago, is not proximate or frequent within the meaning of rule 11B- 27.0011(2), or persuasive evidence of bad moral character.4/ Rather, Diaz has demonstrated, on balance, that she possesses the requisite good moral character for certification.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of petitioner, Lydia Diaz, for certification as a correctional officer be approved. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 26th day of June 1989. 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 26th day of June 1989.
Findings Of Fact On August 10, 1988, Metropolitan Dade County Department of Corrections and Rehabilitation, as the employing agency, applied for certification as a correctional officer on behalf of petitioner, Eddie Lewis (Lewis). Accompanying such application was an affidavit of compliance, dated August 10, 1988, signed by the Director of Metropolitan Dade County Department of Corrections and Rehabilitation (Department of Corrections) which comported with existing law, and which certified that such employing agency had collected, verified, and was maintaining on file evidence that Lewis had met the provisions of Section 943.13(1)-(8) and Section 943.131, Florida Statutes, or any rules adopted pursuant thereto. Among the provisions of section 943.13 is the requirement that the applicant of good moral character. 1/ By letter dated November 7, 1988, respondent, Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission (Commission) notified Lewis and the Department of Corrections that his application for certification as a correctional officer was denied for lack of good moral character because: You made an intentional, unlawful threat by word or act, with a deadly weapon, a shotgun, but without intent to kill, to do violence to Walter Harrell, coupled with an apparent ability to do so, and did an act which created in Walter Harrell a well-founded fear that such violence was imminent. Following receipt of the Commission's letter of denial, Lewis filed a timely request for a Section 120.57(1), Florida Statutes, hearing. In his request for hearing, Lewis specifically denied that he had committed any of the acts which the Commission contended demonstrated a lack of good moral character. The Commission forwarded Lewis' request for hearing to the Division of Administrative Hearings to conduct a formal hearing. At hearing, the Commission offered no proof that Lewis had committed any of the acts contained in its letter of denial, or which otherwise rendered questionable the prima facie showing of good moral character demonstrated by Lewis.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Commission enter a final order approving Lewis' application for certification as a correctional officer. DONE AND ENTERED this 18th day of April 1989, in Tallahassee, Leon County, Florida. 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 18th day of April 1989.
The Issue At issue in this proceeding is whether petitioner possesses the requisite good moral character for certification as a correctional officer.
Findings Of Fact Background In June 1988, respondent, Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission (Commission), acting on a tip from the local media that intervenor, Metropolitan Dade County, Department of Corrections and Rehabilitation (County), had in its employ a number of corrections officers who were not certified, undertook a review of the County's employment records. Following a comparison of the County's records and those of the Commission, the Commission identified 363 individuals, including the petitioner, who were employed by the County as correctional officers but who had not been certified by the Commission. On August 10-11, 1988, Commission personnel visited the County's personnel office, and audited the personnel file of each of the 363 individuals in question. The audit demonstrated that the files were disorganized, lacking documentation required by Rule 11B-27.002, Florida Administrative Code, to apply for certification, and that the County had failed to apply for certification on behalf of the 363 officers. 2/ Over the course of their two-day visit, the Commission's personnel set up an "assembly line" and, together with the County's staff, attempted to complete the documentation on each file. Variously, registration forms and affidavits of compliance were prepared, and birth certificates, fingerprint cards and other missing documentation was assembled. On August 12, 1988, the Commission's personnel returned to Tallahassee with the subject registration forms and affidavits of compliance. Over the course of time, these applications were processed and the vast majority of the individuals were certified; however, the Commission declined, for reasons hereinafter discussed, to certify petitioner. The pending application Petitioner, Alfonso Morales (Morales), has been employed by the County as a correctional officer since June 30, 1986, without benefit of certification. On August 11, 1988, as a consequence of the aforementioned audit, the County, as the employing agency, applied for certification on behalf of Morales. 3/ Accompanying the application (registration) was an affidavit of compliance, dated August 11, 1988, signed by Fred Crawford, Director of Metropolitan Dade County, Department of Corrections and Rehabilitation, which comported with existing law and which certified that such employing agency had collected, verified, and was maintaining on file evidence that Morales had met the provisions of Section 943.13(1)-(8), and Section 943.131, Florida Statutes, or any rules adopted pursuant thereto. Among the provision of section 943.13 is the requirement that the applicant be of good moral character. By letter dated November 7, 1988, the Commission notified Morales and the County that his application for certification as a correctional officer was denied for lack of good moral character because: You have unlawfully and knowingly carried a concealed firearm. You have unlawfully and knowingly possessed and introduced into your body cannabis. Following receipt of the Commission's letter of denial, Morales filed a timely request for a formal hearing pursuant to Section 120.57(1), Florida Statutes. In his request for hearing, Morales denied that he failed to possess the requisite good moral character necessary for certification. Good moral character Pursuant to Rule 11B-27.0011, Florida Administrative Code, the County, as the employing agency, is responsible for conducting a thorough background investigation to determine the moral character of an applicant. Consistent with such mandate, the County routinely uses previous employment data, law enforcement records, credit agency records, inquiries of the applicant's neighbors and associates, and a pre-employment interview, at which a polygraph examination is administered, to assess an applicant's moral character. In assessing an applicant's character, the County is bound by the provisions of Rule 11B-27.0011(2), Florida Administrative Code, which provides: The unlawful use of any of the controlled substances enumerated in Rule 11B-27.00225 by an applicant for certification, employment, or appointment at any time proximate to such application for certification, employment, or appointment conclusively establishes that the applicant is not of good moral character as required by Section 943.13(7). The unlawful use of any of the controlled substances enumerated in Rule 11B-27.00225 by an applicant at any time remote from and not proximate to such application may or may not conclusively establish that the applicant is not of good moral character, as required by Section 943.13(7), depending upon the type of controlled substance used, the frequency of use, and the age of the applicant at the time of use. Nothing herein is intended, however, to restrict the construction of Section 943.13(7), only to such controlled substance use. The substances enumerated in rule 11B-27.00225 are amphetamines, barbiturates, cannabis (marijuana), opiates, cocaine, phencyclidine, benzodiazepines, and methaqualone. Pertinent to this case, the County undertook a pre-employment interview of Morales on December 18, 1985, at which time he divulged that, as to arrests, he had been arrested one time in 1980 for carrying a concealed weapon and that, as to drug usage, he had used marijuana one time "many, years ago." Regarding the use of marijuana, the proof demonstrated that Morales had used it but once, and that was in 1976, when he was 17 years old and attending high school. Regarding his arrest for carrying a concealed weapon, the proof demonstrates that in August 1980, Morales was stopped while driving in the City of Miami Beach for a "routine traffic offenses (unsafe equipment)." Following the stop, Morales volunteered to the officers that he had a .25 caliber automatic pistol under the driver's seat which, upon discovery by the officers, resulted in his arrest. No charges were filed, however, as a consequence of that arrest, and Morales' arrest record was expunged and sealed by court order in August 1985. Notwithstanding the County's conclusion, based on its investigation and analysis of Morales' background, that Morales possessed the requisite good moral character for employment and certification, the Commission proposed to deny certification based on the foregoing incidents. The Commission's action is not warranted by the proof. Here, Morales, born March 9, 1959, used marijuana one time, 13 years ago when he was 17 years of age. Such isolated and dated usage can hardly be termed proximate or frequent within the meaning of rule 11B-27.0011(2), or persuasive evidence of bad moral character. Nor, can Morales' arrest for carrying a concealed weapon, considering what has occurred in his life since that time, be considered persuasive proof, if it ever was, of bad moral character. 4/ Morales graduated from high school in 1981, and entered the U.S. Army in 1982 where he served honorably for over three years. During his service he attained the rank of sergeant, enjoyed a top secret security clearance, garnered several commendations, and all drug screenings met with negative results. Following his discharge from the services, Morales was employed by the State of Florida, Job Services of Florida, until his employment by the County. To date, Morales has been employed by the County as a corrections officer, a position of trust and confidence, for almost three years. His annual evaluations have ranged from above satisfactory to outstanding, and his periodic drug screenings have all met with negative results. By those who know of him, he is considered an excellent employee, observant of the rules, honest, fair and respectful of the rights of others. Overall, Morales has demonstrated that he possessed the requisite good moral character when he was employed by the County as a correctional officer, and has demonstrated in this de novo proceeding that he currently possesses the requisite good moral character for certification.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of petitioner, Alfonso Morales, for certification as a correctional officer be approved. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 20th day of June 1989. 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 20th day of June, 1989.
The Issue The issue in this case is whether Petitioner's application for a license to engage in the business of contracting should be granted or denied.
Findings Of Fact In June 2004, Petitioner submitted to Respondent an application for licensure as a certified general contractor. Petitioner had already passed the requisite contractor's examination. Question one at page six on the form used by Petitioner states: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest) to, even if you received a withhold of adjudication? This question applies to any violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, intersection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT. Petitioner answered this question in the affirmative and disclosed a federal bank robbery conviction from 1994. Petitioner served 58 months in prison, underwent three years of probation, and paid full restitution for that conviction. Question eight of the form used by Petitioner at Page 13 states: Have you, or a partnership in which you were a partner, or an authorized representative, or a corporation in which you were an owner or an authorized representative ever: * * * 8. Been convicted or found guilty of or entered a plea of nolo contendere to, regardless of adjudication, a crime in any jurisdiction within the past 10 years? Note: if you, the applicant/licensee, have had a felony conviction, proof that your civil rights have been restored will be required prior to Licensure. Because Petitioner has had a clean record since his bank robbery conviction in 1994, Petitioner answered this question in the negative. The "No" answer was provided despite the fact he had been found guilty of two misdemeanors: Unauthorized Use or Possession of Driver's License and Unlawful Possession of Cannabis upon the entry of a nolo contendere plea in 1989. On August 5, 2004, Respondent requested additional information from Petitioner concerning his work experience and equipment. On February 8, 2005, Respondent requested additional information regarding proof of restoration of Petitioner's civil rights. Neither of the requests asked Petitioner for further information about his criminal past. The application was reviewed by Respondent and was denied. The Board's (amended) stated grounds for its denial of the application were: (1) Petitioner was guilty of committing a crime -- bank robbery -- directly related to contracting or the ability to practice contracting pursuant to Subsection 489.129(1)(b), Florida Statutes (2004); (2) Petitioner was guilty of committing a crime -- bank robbery -- related to contracting or the ability to practice contracting pursuant to Subsections 455.227(1)(c) and (2), Florida Statutes; (3) Petitioner was guilty of making fraudulent misrepresentations on his application pursuant to Subsections 455.227(1)(h) and (2), Florida Statutes; and (4) Petitioner lacks "good moral character" under Subsections 489.111(1)(b) and (3), Florida Statutes. Petitioner was confused by the questions on the application concerning past criminal history. He freely and voluntarily provided information about the felony bank robbery conviction. He did not believe the misdemeanor charges were within the time frame (ten years) discussed in the application. Applicants routinely make mistakes and have omissions on the Board's application form, causing the Board to routinely send formal Requests for Additional Information to applicants. The Board processes hundreds of applications every week. Many applicants receive formal written Requests for Additional Information from the Board, including requests directed to the criminal history section of the Board's application package. Professional services have developed for the purpose of assisting applicants with these applications. One such service helps with 15 to 20 applications every week. Petitioner is not and has never been a contractor, or a certificateholder or registrant, under Chapters 455 or 489, Florida Statutes (2004). Obviously then, Petitioner has never been the subject of any DBPR disciplinary action proceedings or orders commenced under Section 455.225 or Subsection 489.129(1), Florida Statutes (2004). A licensed contractor may typically collect funds from his client and disburse them to vendors, subcontractors, and the like. Contractors could also have access and/or keys to houses of persons for whom they are working. These responsibilities require the contractor to act prudently and reasonably. It is noted that a contractor may utilize a "financially responsible officer" to manage and be responsible for all monies coming from the contractor's clients. Respondent maintains that the bank robbery conviction is evidence of Petitioner's bad moral character. No other evidence of Petitioner's character was presented by Respondent. Petitioner's family immigrated to the United States via Spain from Cuba in 1980. He had a high school diploma and attended college, but did not finish his degree. He was abusing alcohol and drugs and associating with the wrong sort of people at the time he committed the bank robbery in 1994. While in prison, Petitioner attended drug rehabilitation classes for a period of one year. The classes were held five days a week, eight hours per day. During this time, he was housed in a special dorm for inmates attending the classes. His drug rehabilitation courses continued for six months after he was released from prison. He has paid full restitution for the money he stole. Petitioner's last criminal conviction was the 1994 bank robbery. Since abandoning drugs after this conviction, Petitioner has not been arrested for any crime, has become a husband and father, and has dispatched his professional duties to the praise of his colleagues and employer. Petitioner has been regularly employed since he stopped using drugs. He is currently employed as a sales manager for a large telecommunications company. He has an excellent credit history. Petitioner owns his own home subject to a mortgage. Petitioner also owns his own painting business, which is licensed by Broward County, Florida. Rafael Antequera has known Petitioner for approximately five years. Petitioner currently is employed by Antequera's company, Antequera Enterprises, Inc., with whom Petitioner would become a general contractor upon approval of his certified general contractor's licensure application. Mr. Antequera trusts Petitioner with his company's supplies, equipment, and money. Mr. Antequera considers Petitioner to be a good, honest, hard-working, and reliable employee. Antequera believes that Petitioner has the ability to distinguish right from wrong and has the character to observe the difference. Mr. Carlos Alonso also has known Petitioner for more than four years. Mr. Alonso worked with Petitioner at Mr. Alonso's family construction company, Domas & Alonso Development, Inc. Petitioner worked for Mr. Alonso as a project manager from 2004 to 2005. His duties included ordering supplies, picking up supplies, and interacting with local building inspectors. Petitioner was in a position of great trust and was often given a blank bank check to obtain project supplies. Petitioner never misused or abused that position of trust and authority. Rev. Adam S. Zele is a pastor at Epworth United Methodist Church, where Petitioner attends church. Pastor Zele described Petitioner as a hard-working, devoted family man with religious conviction. Zele also has observed Petitioner in a business capacity. With full knowledge of Petitioner's prior criminal history, Pastor Zele awarded Antequera Enterprises a $20,000 bid to paint his church. Petitioner acted as the salesperson for the project, and Pastor Zele was confident enough in Petitioner to hand Petitioner a check in the amount of $10,000 for the first half of the work. Petitioner is actively involved with the activities of Epworth United Methodist Church. Petitioner is highly regarded by church officials and enjoys a reputation of being very reliable, honest, and a person of integrity and good morals. The Board recently granted a license with six years' probation to an applicant who had been convicted of a crime related to contracting. The nature of that crime was not clear from the evidence.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Department of Business and Professional Regulation granting a contractor's license to Petitioner. DONE AND ENTERED this 26th day of July, 2006, in Tallahassee, Leon County, Florida. S R. BRUCE MCKIBBEN 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: Timothy P. Atkinson, Esquire Gavin Burgess, Esquire Oertel, Fernandez, Cole & Bryant, P.A. Post Office Box 1110 Tallahassee, Florida 32302-1110 Diane L. Guillemette, Esquire Thomas Barnhart, Esquire Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, Florida 32399 G. W. Harrell, Executive Director Construction Industry Licensing Board Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792 Josefina Tamayo, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792
Findings Of Fact Background In June 1988, respondent, Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission (Commission), acting on a tip from the local media that intervenor, Metropolitan Dade County, Department of Corrections and Rehabilitation (County), had in its employ a number of corrections officers who were not certified, undertook a review of the County's employment records. Following a comparison of the County's records and those of the Commission, the Commission identified 363 individuals, including the petitioner, who were employed by the County as correctional officers but who had not been certified by the Commission. On August 10-11, 1988, Commission personnel visited the County's personnel office, and audited the personnel file of each of the 363 individuals in question. The audit demonstrated that the files were disorganized, lacking documentation required by Rule 11B-27.002, Florida Administrative Code, to apply for certification, and that the County had failed to apply for certification on behalf of the 363 officers. 2/ Over the course of their two-day visit, the Commission's personnel set up an "assembly line" and, together with the County's staff, attempted to complete the documentation on each file. Variously, registration forms and affidavits of compliance were prepared, and birth certificates, fingerprint cards and other missing documentation was assembled. On August 12, 1988, the Commission's personnel returned to Tallahassee with the subject registration forms and affidavits of compliance. Over the course of time, these applications were processed and the vast majority of the individuals were certified; however, the Commission declined, for reasons hereinafter discussed, to certify petitioner. The pending application Petitioner, Wayne Martin Dean (Dean), has been employed by the County as a correctional officer since June 24, 1985, without benefit of certification. On August 10, 1988, as a consequence of the aforementioned audit, the County, as the employing agency, applied for certification on behalf of Dean.3/ Accompanying the application (registration) was an affidavit of compliance, dated August 10, 1988, signed by Fred Crawford, Director of Metropolitan Dade County, Department of Corrections and Rehabilitation, which comported with existing law and which certified that such employing agency had collected, verified, and was maintaining on file evidence that Dean had met the provisions of Section 943.13(1)-(8), and Section 943.131, Florida Statutes, or any rules adopted pursuant thereto. Among the provision of section 943.13 is the requirement that the applicant be of good moral character. By letter dated November 1, 1988, the Commission notified Dean and the County that his application for certification as a correctional officer was denied for lack of good moral character because: You have unlawfully and knowingly sold cannabis and have possessed and introduced into your body cocaine and cannabis. Following receipt of the Commission's letter of denial, Dean filed a timely request for a formal hearing pursuant to Section 120.57(1), Florida Statutes. In his request for hearing, Dean denied that he failed to possess the requisite good moral character necessary for certification. Good moral character Pursuant to Rule 11B-27.0011, Florida Administrative Code, the County, as the employing agency, is responsible for conducting a thorough background investigation to determine the moral character of an applicant. Consistent with such mandate, the County routinely uses previous employment data, law enforcement records, credit agency records, inquiries of the applicant's neighbors and associates, and a pre-employment interview, at which a polygraph examination is administered, to assess an applicant's moral character. In assessing an applicant's character, the County is bound by the provisions of Rule 11B-27.0011(2), Florida Administrative Code, which provides: The unlawful use of any of the controlled substances enumerated in Rule 11B-27.00225 by an applicant for certification, employment, or appointment at any time proximate to such application for certification, employment, or appointment conclusively establishes that the applicant is not of good moral character as required by Section 943.13(7). The unlawful use of any of the controlled substances enumerated in Rule 11B-27.00225 by an applicant at any time remote from and not proximate to such application may or may not conclusively establish that the applicant is not of good moral character, as required by Section 943.13(7), depending upon the type of controlled substance used, the frequency of use, and the age of the applicant at the time of use. Nothing herein is intended, however, to restrict the construction of Section 943.13(7), only to such controlled substance use. The substances enumerated in rule 11B-27.00225 are amphetamines, barbiturates, cannabis (marijuana), opiates, cocaine, phencyclidine, benzodiazepines, and methaqualone. Pertinent to this case, Dean initially applied with the County for employment as a correctional officer in 1983. During the course of the pre- employment interview on that application, which occurred on August 30, 1983, Dean divulged that he had used marijuana so frequently as not to be able to recall the number of times he had used it, and estimated that during the course of the preceding twelve months that he had used marijuana 500 times. Regarding such use, the proof demonstrates that Dean started using marijuana while in high school and that following 1979, when he dropped out of school, that such use gradually escalated until it reached the level of abuse noted in 1983. As a consequence of such disclosure, the County denied Dean's application for employment. Following the denial of his application, Dean resolved that if he were to ever better himself, it would be necessary to disassociate himself from the use of controlled substances. As a consequence, Dean has not used any controlled substance since November 1983. In 1985, Dean reapplied with the County for employment as a correctional officer. During the course of the pre-employment interview on that application, which occurred on March 19, 1985, Dean again conceded that he had previously used marijuana so frequently as not to be able to recall the number of times, but that the last time was in November 1983. Dean also divulged that he had used cocaine approximately three times in his life, the last time being in early 1983, and that he had sold marijuana three or four times, the last time being in early 1983, from which he had made about $15. Under the provisions of rule 11B-27.0011(2), the use of a controlled substance does not conclusively establish that an applicant lacks the good moral character necessary for certification unless such use was "proximate" to his application. The Commission has not defined the term "proximate," and offered no proof at hearing as to what it considers "proximate" usage within the meaning of rule 11B-27.0011(2). Variously, the law enforcement agencies of the state have been left with no definitive guideline from the Commission, and have adopted various standards. Pertinent to this case, Dade County has adopted a term of one year as the standard by which it gauges the "proximate" use of a controlled substance to an application for employment. Under such policy, an applicant who has refrained from such use for at least one year preceding application will not be automatically rejected as lacking good moral character. Rather, the applicant's entire background will be evaluated to determine whether he currently possess the requisite moral character for employment. 4/ Here, Dean, born November 14, 1962, used marijuana extensively for the twelve-month period preceding November 1983, last used cocaine in or about March 1983, and last sold marijuana in or about March 1983. In light of such protracted and frequent use, Dean's application for employment should have been denied as having failed to evidence the requisite good moral character necessary for employment as a correctional officer. While Dean's application for employment should have been denied in 1985, this proceeding is a de novo hearing on his application for certification, and his qualifications are, therefore, evaluated as of the date of hearing. To date, Dean has been employed by the County as a correctional officer, a position of trust and confidence, for almost four years. His annual evaluations have all been above satisfactory, and his periodic drug screenings have all met with negative results. By those who know of him, he is considered an excellent employee, observant of the rules, honest, fair and respectful of the rights of others. Overall, Dean has demonstrated that he currently possesses the requisite good moral character for certification as a correctional officer. While he did use controlled substances until his twenty-first birthday, his resolve to disassociate himself from such practice is supported by the proof. Under such circumstances, Dean's contact with controlled substances over five and one-half years ago is not persuasive proof of bad moral character.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of petitioner, Wayne Martin Dean, for certification as a correctional officer be approved. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 28th day of June 1989. 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 28th of June 1989.
Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in proceeding, I make the following findings of fact: The Respondent was certified by the Criminal Justice Standards and Training Commission as a correctional officer on March 11, 1983 and issued Certificate Number 502-3844. The Respondent was a correctional officer with the Palm Beach County Sheriff's Office beginning in January 1983. On August 27, 1986, the Respondent resided with Ms. Burton (who has subsequently married Respondent and is now known as Elaine Burton Edwards) and two of her children. One of her children, Karl McInis ("Karl") was twenty three months old at the time and he was in the process of being toilet trained. On August 27, 1986, the Respondent discovered that Karl had "messed" on the floor and/or in his pants. The Respondent felt that the child's actions were deliberate and that the child needed to be disciplined. Therefore, Respondent struck the child fives times with a leather belt. There is a dispute as to the type and size of the belt used. While Petitioner contends that Respondent used his heavy Sheriff's Deputy belt, the greater weight of the evidence indicates that Respondent used a typical men's trousers belt. As a result of the discipline described in paragraph 5 above, Karl suffered bruises on his buttocks and legs. Subsequent to the incident, the child was removed from the home by HRS. He currently resides out of state with his grandparents. Criminal charges were brought against Respondent after HRS reported the incident to the police. However, after Respondent successfully completed a counseling program as part of a pre-trial intervention program, the charges were nolle prossed on November 10, 1988. As a result of his arrest, Respondent was suspended from his job at the Palm Beach County Sheriff's Department pending the outcome of the criminal case. Respondent has not been reinstated. After completing the counseling program, Respondent altered his methods of disciplining his children. On most occasions, Respondent has refrained from using corporal punishment and instead attempts to apply the assertive discipline procedures he learned in the counseling program. However, Respondent admits that on a few occasions when he felt the children did not respond to the assertive discipline techniques, he has resorted to corporal punishment. On March 2, 1989, Respondent disciplined one of his children, Julius Edwards, by striking him five times on the palms of the hands with a belt. At the time of the incident described in paragraph 10, Julius was five years old. Julius and at least one other sibling from Respondent's previous marriage were living with Respondent and Ms. Burton. Respondent punished Julius because he felt the child was deliberately engaging in a pattern of obstinate conduct in an attempt to be returned to the custody of his natural mother. That conduct included eating excessive amounts of food after being instructed not to. During the punishment, Julius struggled and at least one of the blows landed on his arms. As a result of the punishment, Julius had bruises on his arms which measured approximately four inches long and one inch wide. As a result of the corporal punishment administered by Respondent to Julius, Respondent was arrested and ultimately adjudicated guilty of a misdemeanor for violating Section 827.04, Florida Statutes (child abuse) on March 29, 1989 in the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County, in case no. 89-5869MMA08. As a result of this conviction, Respondent was required to undergo additional counseling. While the bruises suffered by the children in the two incidents described above are significant cause for concern, neither of the children required medical attention. At the time of both of the incidents in question, none of the other children evidenced bruises, they all appeared well-fed and there was no other evidence of any neglect. Indeed, the evidence reflects that the Respondent is a dedicated and caring father. He is extremely concerned about the many negative influences that affect children in our society. As a result, he believes it is important for him to discipline the children in an attempt to ensure that they choose the right path in life. Respondent contends that he was raised with a similar type of discipline and finds it difficult to understand the commotion caused by his attempts to discipline his children in the manner in which he was raised. While his motives are good, he has used very poor judgment in certain situations and imposed excessive punishment given the age of the children and the nature of their behavior. Respondent has aspired to be a law enforcement officer since his high school days. He has spent hundreds of hours as a volunteer for various school projects and programs involving children. He has strived hard to be a good role model and an active member of his community. However, he needs to temper his concerns and enthusiasm with more sensitivity to the rights of others. There is no indication of any deficiencies or problems in Respondent's job performance. Indeed, the only evidence introduced regarding his performance as a law enforcement officer indicated that he was dedicated, concerned and responsible.
Recommendation Based upon the foregoing Findings of Fact, Conclusions of Law, evidence of record, the candor and demeanor of the witnesses and seriousness of the offense as it relates to the public trust placed in a correctional officer who guards those incarcerated by society, it is therefore, RECOMMENDED that the Petitioner, Criminal Justice Standards and Training Commission, enter a Final Order placing Respondent Glenn S. Edwards' correctional officer certification on probation for a period of two years and requiring him to complete an appropriate counseling program for parents while refraining from any further violations of Section 943.13(1)-(10). DONE AND ENTERED this 10th day of April 1990, in Tallahassee, Florida. J. STEPHEN MENTON 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 10th day of April 1990.
The Issue The issue for determination is whether Respondent failed to maintain the good moral character requisite to continued certification as a correctional officer in violation of Section 943.13(7), Florida Statutes.
Findings Of Fact Respondent is Dennis W. Zeighler, holder of Corrections Certificate Number 145432 issued March 25, 1994. Respondent was employed as a sworn Corrections Officer with the Hamilton Correctional Institution (HCI) from March 25, 1994 to September 22, 1994. During his employment with HCI, Respondent came to know Luis Nieves, an inmate at the institution. Nieves offered to sell Respondent a gold Seiko watch for $15. Respondent was uncertain as to whether he should buy the watch, but accepted it from Nieves and placed it in his desk drawer at HCI. Later, on the way home, Respondent mailed a money order for $15 to Nieves in an envelope bearing the return address of Nieves’ sister-in-law. Following discussion that evening with his brother, also a correctional officer, Respondent became concerned about the transaction. Respondent consulted his copy of the Department of Corrections Policy Manual and realized he wanted no part of the transaction. Upon his return to work the next morning, Respondent removed the watch from his desk and returned it to inmate Nieves. Respondent told Nieves that the transaction was "not right" and that he, Respondent, did not want to lose a job that he loved. Respondent also told Nieves to keep the money.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered finding Respondent guilty of unprofessional conduct and placing his certification on probationary status upon such reasonable conditions and for such reasonable period of time as shall be determined appropriate by The Criminal Justice Standards and Training Commission. DONE AND ENTERED this 29th day of January, 1998, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 29th day of January, 1998. COPIES FURNISHED: Karen D. Simmons, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Dennis W. Zeighler 1301 Campbell Street Lake City, Florida 32055 A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact The Respondent is a licensed certified public accountant in the State of Florida (Petitioner's Exhibit 1). The Respondent's license number is AC 20884 (Petitioner's Exhibit 1). The information filed by the State Attorney for the Sixth Judicial Circuit, in and for Pinellas County, Florida, in Case No. CRC-88-16361-CFANO-A, alleged that the Respondent unlawfully did solicit Detective Rick Shaw to commit the offense of murder in the first degree, an offense prohibited by Section 782.04(1)(a), Florida Statutes; and in the course of such solicitation, did command, urge, hire, or request the Mr. Shaw to engage in specific conduct which would constitute such offense or an attempt to commit such offense, to wit: to unlawfully and from a premeditated design effect the death of Zena Leider, a human being, contrary to Section 777.04(2), Florida Statutes (Petitioner's Exhibit 2). On or about December 4, 1989, the Respondent was convicted in Case No. CRC-88-16361-CFANO-A of one count of solicitation to commit murder in the first degree (Petitioner's Exhibit 2). On or about December 4, 1989, the Respondent was sentenced to be committed to the custody of the Department of Corrections to be imprisoned for a term of 17 years. After serving a period 12 years, the balance of the sentence shall be suspended; and he will be placed on probation for a period of five (5) years (Petitioner's Exhibit 2). Daniel Hevia, CPA, was accepted as an expert in the profession of accountancy and testified concerning that profession (Transcript, pg. 24). Accountancy is based upon professional judgment, both technical and ethical. People practicing accountancy must have good ethics and a strong character because of the types of judgments which have to be made in the profession (Transcript, pg. 26). Accountants have to have mature judgment and maintain good mental stability because the public places a great deal of trust in CPA's (Transcript, pg. 27). Good moral character means a personal history of honest, fairness, respect for the rights of others and for the laws of the State of Florida and the nation (Transcript, pg. 25). The Respondent's conviction shows a lack of good judgment and an absence of ethics and good character which adversely effect the Respondent's ability to practice public accounting (Transcript, pg. 42). In the opinion of Mr. Hevia, the Respondent violated Section 473.323(1)(m), Florida Statutes (Transcript, pgs. 28 and 30).
Recommendation Having proved that the Respondent has violated Section 473.323(1)(m), Florida Statutes, by failing to maintain good moral character; and having proved that the Respondent has violated Section 473.323(1)(d), Florida Statutes, by being convicted of a crime relating to his ability to practice public accounting, it is, therefore RECOMMENDED that the license of the Respondent be revoked. DONE AND ENTERED this day of June, 1991, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of June, 1991. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 90-6424 The Respondent did not file proposed findings of fact. The Petitioner filed proposed findings which were read and considered. The following proposed findings were adopted or rejected for the reasons stated: 1-10. Adopted. 11-12. Rejected, as repetitive and cumulative. 13-14. Adopted. COPIES FURNISHED: Ms. Martha Willis Executive Director Board of Accountancy Department of Professional Regulation 4001 Northwest 43rd Street Suite 16 Gainesville, FL 32606 Jack McRay, Esq. General Counsel Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, FL 32399-0792 Tobi C. Pam, Esq. Department of Professional Regulation Northwood Centre, Suite 60 1940 North Monroe Street Tallahassee, FL 32399-0792 David S. Leider D.C. #118606 Sumter Correctional Institution P.O. Box 667 Bushnell, FL 33513-0667
The Issue The issue presented is whether or not Respondent is guilty of misconduct as alleged in the Administrative Complaint dated March 27, 1989, and, if so, what penalty should be imposed.
Findings Of Fact On October 14, 1968, Respondent, was certified by the Criminal Justice Standards and Training Commission, was issued Certificate Number GF-101468 and is currently certified by the Criminal Justice Standards and Training Commission as a law enforcement officer. On Friday, March 11, 1988, Respondent reported to work at the Metro- Dade Police Department, although ill and exhausted. Respondent had been suffering from an acute bronchial and strep throat-type condition prior to and including March 11, 1988 and had taken medication to combat the illness. Respondent left work early on March 11, 1988 with approval of his supervisor and, although feeling conjested, stopped by Sears department store on his way home to inspect a miniature freezer for his wife's vending business. He purchased the freezer on his Sears credit card which he had with him. Respondent, who was dressed in plain clothes, was carrying a shiny, leather, black briefcase with no handle which weighed a considerable amount and was cumbersome. The briefcase contained his weapon, handcuffs, bullets and miscellaneous paperwork. Respondent, after purchasing the freezer, did some browsing, as is his custom, looking for gadgets. The security personnel for Sears noticed Respondent and began monitoring his activities. At some point Respondent picked up a screwdriver item. Respondent placed the screwdriver under his arm, between the briefcase and his body, to free his hand in order to look at other items. He went to an available check out counter and paid cash for the screwdriver. He returned to the merchandise area to look over some retractable clothesline which had caught his attention for use in his townhouse. He selected the item but was having a difficult time handling his briefcase and the slippery, plastic carded clothesline. He remembered that he needed some T- shirts to wear under his uniform. Again, to free a hand to look at the T- shirts, he placed the clothesline in the bag which contained the screwdriver with the intent of paying for the clothesline at the time he purchased the T- shirts. Respondent left the hardware area of the store in search of the T- shirts when he began to feel nauseous. Fearing that he would vomit in the store, he decided to step outside. In his distraught condition, Respondent stepped outside the store without paying for the clothesline. While Respondent was attempting to compose himself and almost immediately after he walked out of the store, he was approached by Fred Ponce of Sears security. Mr. Ponce identified himself to Respondent and searched Respondent's bag of purchases which contained the clothesline. Respondent then realized he had, unwittingly, not paid for the item and remarked concerning the mistake. The item in question had a retail value of $7.99, at the time of the incident, and Respondent had the cash and credit with him in an amount sufficient to cover the purchase. Respondent was observed to be nervous, sweating and not looking well. Respondent was asked by Mr. Ponce to accompany him back to the security office inside the store, which Respondent did without incident. Once inside the security office Respondent identified himself as a police officer, requested water and asked to speak to the store manager, Mr. Stephens. After speaking to the store manager, Respondent notified the Metro Dade Police Department about the incident. Prior to leaving, Respondent was presented with a form, incident report for him to sign. The form language contained the following statement, "I had no intention of paying for this article." Respondent did not read the form carefully since he was under the impression, from what he was told by Sears' security personnel, that the form was merely an administrative report which he was required to acknowledge before he left. Feeling ill, distressed about the event and anxious to return to his work to speak with his supervisors, Respondent signed the form. Respondent then returned to the Metro-Dade Police Department to personally discuss the incident with his superiors. Respondent is a 21 year veteran of the Metro-Dade Police Department. At the time of the incident, he was assigned to the warehouse section of the Property and Evidence Bureau and was responsible for the accountability of millions of dollars of confiscated property including cash, drugs and jewelry. In the 3 years Respondent was so assigned, all inventory audits, which were done on a quarterly basis checked out. Respondent has a reputation in the community for honesty and integrity.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Criminal Justice Training Commission issue a Final Order dismissing the charges alleged in the Administrative Complaint entered in this case. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of February 1990. JANE C. HAYMAN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of February, 1990.
