The Issue Whether the Respondent should be dismissed from employment as an instructional employee of the Respondent, School Board of Lake County, Florida ("School Board"), or, to otherwise determine the terms under which the Respondent may be reinstated as an instructional employee by the School Board. The charges are based upon the acts and violations alleged in the Superintendent's letter of August 21, 1989 and Amendment to Charges dated July 12, 1990. Case No. 90-4382 Whether the Respondent's teaching certificate should be revoked or otherwise disciplined for violation of Section 231.28(1)(c) and (f), Florida Statutes.
Findings Of Fact The School Board of Lake county, Florida pursuant to Sect. 120.57(1)(b)10, Fla. Stat., which precludes the agency from rejecting or modifying the Findings of Fact made by the Hearing officer, unless the agency finds that the Findings of Fact were not based upon competent substantial evidence or that the proceedings on which the findings were based did not comply with the essential requirements of law, adopts the findings of fact made by the Hearing Officer. The School Board of Lake County, Florida hereby rejects the Hearing Officer's Conclusions of Law that the petitioner was not guilty of immorality, was not incompetent by reason of incapacity and did not commit misconduct in office. The School Board of Lake County, Florida finds that although the Findings of Fact support a conclusion of drunkenness, the findings do not rise to the level of public drunkenness as is required for termination under Sect. 231.36, Fla. Stat. The School Board of Lake County, Florida therefore substitutes its conclusions of law as follows: That the respondent, Sarah I. Clark, giving con- sideration to Fla. Admin. Code Rule 6B-1.001(3) and Rule 6B-4.009(1)(b)(1) is incompetent due to incapacity, due to lack of emotional stability. That the respondent, Sarah I. Clark, has engaged im- morality in that respondent's conduct in urinating on her husband in the course of performance of a sexual act involves a sexual act which is deemed a violation of the law of Florida, notwithstanding the fact that the act was engaged in by the mutual consent of the parties thereto; and that the respondent's publication of that event to members of the Lake County Sheriff's Department and a resident in her home, Mr. William Rutland, and the resulting investigation by the Department of Health and Rehabilitative Services constitutes conduct sufficiently notorious to bring the individual concern or the education profession into public disgrace or disrespect to the end that the individual's service in the community is impaired. That the respondent, Sarah I. Clark, is guilty of misconduct in office for violation of the code of Ethics of the Education Profession as adopted in Fla. Admin. Code Rule 6B-1.001(3). For reference a copy of the Hearing Officer's Recommended Order is attached hereto. RULING ON EXCEPTIONS TO THE HEARING OFFICER'S RECOMMENDED ORDER Upon consideration of petitioner's exceptions to Hearing Officer's Recommended Order as served on March 1, 1991 and respondent's exceptions to the Recommended Order as served February 22, 1991, said exceptions be and the same are hereby denied.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is, therefore RECOMMENDED that: The Board take no action to discharge Respondent and condition her employment upon regular continued participation in Alcoholics Anonymous; and The EPC drop its charges against the Respondent and dismiss this case. DONE AND ENTERED this 6th day of February, 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 6th day of February, 1991. APPENDIX TO RECOMMENDED ORDER IN CASE NOS. 89-5247 AND 90-4382 Petitioner, Betty Castor's Proposed Findings of Fact: 1-6. Adopted. 7. Irrelevant. 8-9. Adopted but restated. 10-23. Adopted. 24. Rejected. See paragraph 20(FA) of Respondent's Proposed Recommended Order. 25-32. Restated in Respondent's Proposed Recommended Order, paragraph 20(B)-40. 33-37. Rejected, credibility of Rutland. 38-40. Adopted but restated as in Respondent's Proposed Recommended Order, paragraphs 33-37. 41-48. Rejected, as contrary to the more credible testimony. 49-52. Irrelevant. 53-56. Rejected, as contrary to the more credible testimony. Adopted. Adopted in part, rejected in part, as irrelevant. 59-61. Deleted from Proposed Recommended Order. 62-67. Adopted and rewritten, see Respondent's Proposed Recommended Order, paragraphs 41-43. 68-70. Irrelevant. Petitioner, School Board's Proposed Findings of Fact: 1-3. Adopted. 4-18. Adopted, generally, but restated as proposed in Petitioner, Castor's Proposed Recommended Order, paragraphs 3-23. 19-23. Adopted, generally, but restated as proposed by Respondent in the two paragraphs 20 on page 8 of Respondent's Proposed Recommended Order and paragraph 25 of Petitioner, Castor's Proposed Recommended Order. 24-58. The facts based upon Rutland's testimony are rejected. The facts as restated in Respondent's proposed Recommended Order, paragraphs 21-40 are accepted as being a more accurate statement of the facts revealed in the record. 59-70. Rejected, as contrary to the more credible evidence in the record. Respondent's Proposed Findings of Fact: 1-2. Irrelevant. Irrelevant. Added to Conclusions of Law as last paragraph. 5-50. Adopted, generally, and summarized. Those findings which were deleted were deemed irrelevant. COPIES FURNISHED: Thomas E. Sanders, Superintendent Lake County School Board 201 W. Burleigh Boulevard Tavares, FL 32778 Martin B. Schapp, Administrator Professional Practices Services 352 Florida Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400 Ms. Karen Barr Wilde Executive Director 301 Florida Education Center 325 W. Gaines Street Tallahassee, FL 32399-0400 Stephen W. Johnson, Esq. MCLIN, BUPNSED, ET AL. 1000 West Main Street P.O. Box 491357 Leesburg, FL 34749-1357 Stephen C. Willis, Esq. BROOKS & LEBOEUF 863 East Park Avenue Tallahassee, FL 32301 Sally C. Gertz, Esq. Florida Education Association/United 118 North Monroe Street Tallahassee, FL 32399-1700
The Issue Whether Respondent, Eve Management, Inc./KA and KM Development, Inc., denied Petitioners full and equal enjoyment of the goods and services offered at its place of public accommodation, in violation of sections 509.092 and 760.08, Florida Statutes (2011).1/
Findings Of Fact Parties and Jurisdiction Petitioners are African Americans who reside in the State of Ohio, who visited Orlando, Florida, in June 2011 and stayed at Lake Eve Resort beginning on June 21, 2011. Respondent, Eve Management, Inc./KA and KM Development, Inc., was the owner of Lake Eve Resort, located at 12388 International Drive, Orlando, Florida, at all times relevant hereto. Each Petitioner filed a Complaint of Discrimination with the Commission as follows: Jessica Austin – July 20, 2012 Denise Austin – July 21, 2012 Tracie Austin – January 18, 2013 (Amended Complaint)2/ Bonlydia Jones – July 11, 2012 James Austin – July 31, 2012 Dionne Harrington – August 1, 2012 Esther Hall – January 28, 2013 (Amended Complaint)3/ Boniris McNeal – March 27, 2013 Summer McNeal – March 27, 2013 Derek McNeal – March 27, 2013 In each Complaint, the Petitioner alleges that the most recent date of discrimination is June 22, 2011. On June 21, 2012, Petitioners Esther Hall, Summer McNeal, Boniris McNeal, Derek McNeal, and Dionne Harrington, each filed a Technical Assistance Questionnaire (TAQ) with the Commission. Each TAQ is signed by the named Petitioner, is stamped received by the Commission on June 21, 2012, and contains the specific facts alleged to be an act of discrimination in the provision of public accommodation by Respondent. Allegations of Discrimination On or about May 23, 2011, Petitioner, Boniris McNeal, entered into a Standard Group Contract with Lake Eve Resort (the Resort) to reserve 15 Resort rooms for five nights at a discounted group rate beginning June 21, 2011.4/ The rooms were to accommodate approximately 55 members of her extended family on the occasion of the Boss/Williams/Harris family reunion. Petitioners traveled from Ohio to Orlando via charter bus, arriving at the Resort on the evening of June 21, 2011. Erika Bell, a relative of Petitioners, drove a rental car from Ohio to Orlando. She did not arrive in Orlando until June 22, 2011. Petitioners checked in to the Resort without incident. However, one family member, John Harris, was informed that the three-bedroom suite he had reserved for his family was not available due to a mistake in reservations. He was offered two two-bedroom suites to accommodate his family. Petitioner, Boniris McNeal, dined off-property on the evening of June 21, 2011, to celebrate her wedding anniversary. Petitioner, Bonlydia Jones, left the Resort property shortly after check-in to shop for groceries. Petitioners, Dionne Harrington and Esther Hall, were very tired after the long bus trip and went to bed early on June 21, 2011. Petitioner, Denise Austin, arrived in Orlando with the family on June 21, 2011. On the morning of June 22, 2011, Ms. Jones received a call from Mr. Harris, informing her that the Resort management wanted to speak with them about his room. That morning, Ms. Jones and Mr. Harris met with two members of Resort management, Amanda Simon and Marie Silbe. Mr. Harris was informed that he needed to change rooms to a three-bedroom suite, the accommodation he had reserved, which had become available. Mr. Harris disputed that he had to change rooms and argued that he was told at check-in the prior evening he would not have to move from the two two-bedroom suites he was offered when his preferred three-bedroom suite was not available. After some discussion, it was agreed that Mr. Harris would move his family to an available three-bedroom suite. The Resort provided an employee to assist with the move. Following the meeting with management, Ms. Jones went to the pool, along with Ms. Harrington and other members of the family. After a period of time which was not established at hearing, Mary Hall, one of Ms. Harrington’s relatives, came to the pool and informed Ms. Harrington that the family was being evicted from the Resort. Ms. Harrington left the pool and entered the lobby, where she observed police officers and members of Resort management. She approached a member of management and was informed that she and her family were being evicted from the Resort and must be off the property within an hour. Ms. Harrington left the lobby and returned to her room, where her mother, Ms. Hall was sleeping. Ms. Harrington informed Ms. Hall that the family was being evicted from the Resort and instructed Ms. Hall to pack her belongings. Ms. Jones’ cousin, Denise Strickland, came to the pool and informed her that the family was being evicted from the Resort. Ms. Jones entered the lobby where she was approached by a member of management, who introduced herself as the general manager and informed her that the family was being evicted. Ms. Jones requested a reason, but was informed by a police officer that the owners did not have to give a reason. In the lobby, Ms. Jones observed that an African- American male was stopped by police and asked whether he was with the Boss/Williams/Harris reunion. He was not a family member. Ms. Jones observed that no Caucasian guests were approached in the lobby by management or the police. Ms. Austin was on a trolley to lunch off-property on June 22, 2011, when she received a call from her cousin, Ms. Strickland. Ms. Strickland informed Ms. Austin that the family was being evicted from the Resort and she needed to return to pack her things. Ms. Austin returned to the property, where she was escorted to her room by a security guard and asked to pack her belongings. Ms. McNeal was en route to rent a car and buy groceries on June 22, 2011, when she received a call from Ms. Strickland informing her that the family was being evicted and that she needed to return to the Resort to pack her belongings. Upon her arrival at the Resort, Ms. McNeal entered the lobby. There, she was approached by Resort staff, asked whether she was with the Boss/Williams/Harris reunion, and informed that the Resort could not honor the reservations and the family was being evicted. Ms. McNeal observed that Caucasian guests entering the lobby were not approached by either the police or Resort management. Ms. McNeal was escorted to her room by both a police officer and a member of management and instructed to be out of the room within 30 minutes. Ms. McNeal inquired why they were being evicted, but was told by a police officer that the Resort was not required to give a reason. Erika Bell received a call from her mother, Ms. Austin, while en route to the Resort on June 22, 2011. Ms. Austin informed Ms. Bell that the family was being evicted from the Resort and asked her to call the Resort and cancel her reservation. Respondent gave no reason for evicting Petitioners from the property. Respondent refunded Petitioners’ money.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order: Finding that Respondent, Eve Management, Inc./KA and KM Development, Inc., committed an act of public accommodation discrimination in violation of sections 509.092 and 760.08, Florida Statutes (2011), against Petitioners Jessica Austin, Denise Austin, Tracie Austin, James Austin, Bonlydia Jones, Esther Hall, Boniris McNeal, Derek McNeal, Summer McNeal, and Dionne Harrington; and Prohibiting any future acts of discrimination by Respondent. DONE AND ENTERED this 28th day of May, 2014, in Tallahassee, Leon County, Florida. S SUZANNE VAN WYK 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 28th day of May, 2014.
Recommendation Based upon the findings of fact and conclusions of law recited above, it is recommended that Respondent's letter of denial of registration to Petitioner be rescinded and that Petitioner's application for registration be GRANTED. DONE AND ENTERED this 13th day of July 1978 in Tallahassee, Florida. COPIES FURNISHED: Secretary William J. Page, Jr. Department of Health and Rehabilitative Services 1323 Winewood Boulevard Tallahassee, Florida 32301 Jack T. Edmund Post Office Box 226 Bartow, Florida 33830 Anthony N. DeLuccia, Jr. District VIII Counsel Department of Health and Rehabilitative Services Post office Box 2258 Ft. Myers, Florida 33902 DIANE D. TREMOR Hearing Officer Division of Administrative Hearings 101 Collins Building Mail: 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675
The Issue The issues to be resolved in this proceeding, concern whether the Respondent facility's license to operate a limited mental health assisted living facility should be revoked, and an administrative fine imposed, for alleged violations of Sections 400.428(1) and 400.426(8), Florida Statutes; and Rules 58A-5.0181(1)(g), 58A-5.029(3)(c), and 58A-5.0181(1)(b), Florida Administrative Code.
Findings Of Fact Resident No. one, in the Respondent's facility, had a diagnosis of a bipolar disorder, with psychotic features. She had a history of mania and medication non-compliance as well as having a past diagnosis of Hepatitis "C". The treatment and therapies recorded as being applicable to that resident were medication management, intensive case management and out-patient psychiatric management. Resident No. one had been frequently out of compliance with her medication regimen since approximately November 2000. The Agency received a complaint that Resident No. one had made threats against another resident, including threatening to kill that resident, or to maim him, and that Resident No. one had offered another resident money to kill Resident No. two. The Administrator, David Davis, was aware that Resident No. one had occasionally made threats and that on one or two occasions had possession of a knife. When Mr. Davis learned of her possession of a knife, he demanded that it be relinquished to him by Resident No. one, and, on each occasion she had readily complied. Resident No. one, who purportedly made the threats against Resident No. two (A.A.), were "sweethearts." They had known each other for many years. The two of them frequently argued and the occasion of the threats being made was essentially a "lover's quarrel," as essentially described by Mr. Davis. Mr. Davis opined that Resident No. one's threats were not to be taken seriously. She had never made any attempt to harm or kill anyone. The third resident, whom she allegedly solicited and offered money if he would kill Resident No. two (A.A.), denied that she had ever offered him any money to kill anyone. Administrator Davis testified that Resident No. one (L.P.) never actually made any attempt to harm or kill anyone and this was corroborated by L.P.'s twin sister (C.H.), who visited L.P. at least five times per week when she was in the Respondent's facility. She stated that her sister had never had any tendency towards violence and had never harmed anyone. She regarded the alleged threats as idle threats, if they occurred. C.H. found that the Respondent's facility took good care of her twin sister and she was very pleased with the way they coped with L.P. with regard to her bipolar disorder and her mood swings. In any event, on the same day of the Petitioner's inspection of the facility, L.P., Resident No. one, was committed to an appropriate facility pursuant to the "Baker Act." After the Agency had completed its survey, it sent a moratorium to the Respondent preventing it from accepting new residents. After Resident No. one, L.P., was released from her Baker Act commitment, she returned to the Respondent's facility for a brief period but was given a "thirty day notice" to leave the facility after which she never returned. Thereafter, by letter of May 11, 2001, the Respondent was notified by Petitioner that all deficiencies had been corrected and that the facility was no longer under a moratorium for new admissions. See Respondent's Exhibit 1 in evidence. Since that time, the facility has continued its normal, day-to-day operation without incident or violation of record. Despite the threat or threats made by Resident No. one, Mr. Davis of the administrative staff, was not overly concerned about the threats because of his extensive experience with this resident and his knowledge of the fact that she had no history of violent behavior. He was aware that she had refused her psychotropic medications and, according to the pertinent rules, had reported that fact to the mental health case manager for Resident No. one.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the candor and demeanor of the witnesses, and the pleadings and arguments of the parties, it is, therefore, RECOMMENDED that a final order be entered by the Agency for Health Care Administration establishing the two violations referenced in the above-concluded particulars and imposing a $500.00 fine. It is further RECOMMENDED that in all other particulars the Administrative Complaint be dismissed. DONE AND ENTERED this 28th day of December, 2001, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF 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 Clerk of the Division of Administrative Hearings this 28th day of December, 2001. COPIES FURNISHED: Christine T. Messana, Esquire Agency for Health Care Administration 2727 Mahan Drive Mail Stop No. 3 Tallahassee, Florida 32308-5403 Richard P. Warfield, Esquire 201 East Government Street Pensacola, Florida 32501 Diane Grubbs, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building, Suite 3431 Tallahassee, Florida 32308 William Roberts, Acting General Counsel Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building, Suite 3431 Tallahassee, Florida 32308
Findings Of Fact At all times material hereto Petitioners were inmates incarcerated et Lake Correctional Institution (LCI) They are actively involved in numerous litigated matters before both state agencies and the courts, with their prime emphasis devoted to initiating challenges to the rules contained in Chapter 33- 3, Florida Administrative Code, Policy and Procedure Directives issued by the Department of Corrections, Lake Correctional Institution Operating Procedures, and directives issued by Lake Correctional Institution. On March 7, 1984, LCI's classification supervisor, without formal rulemaking proceedings, issued Interoffice Memorandum (Exhibit 1) establishing procedures for inmates to obtain copies of legal documents and the times such services will be available. The schedule established in Exhibit 1 is varied by LCI when necessary for an inmate to meet a deadline for filing legal documents. In Interoffice Memorandum dated March 9, 1903 (Exhibit 5), the hours established for inmates to obtain copying services were Monday from 2:00 p.m. to 4:00 p.m. and Monday, Tuesday, and Wednesday from 6:00 p.m. to 5:30 p.m. The Inter-office Memorandum which is the subject of this litigation changed the copying hours for inmates by deleting the Monday hours from 2:00 p.m. to 4:00 p.m. and substituting copying hours on Friday from 9:00 a.m. to 11:00 a.m.
The Issue Whether the Respondent is guilty of failure to maintain good moral character, as required by Subsection 943.13(7), Florida Statutes, and whether disciplinary action should be taken as a result.
Findings Of Fact The Respondent was certified by the Petitioner on February 5, 1993, and was issued Correctional Certificate No. 134881. The Petitioner is charged with the administration of criminal justice standards and training for all law enforcement officers, corrections officers, and correctional probation officers throughout Florida, pursuant to Sections 943.085 - 943.255, and is authorized to discipline individuals licensed thereunder who violate the law. On November 28, 2002, Lake City Correctional Facility Correctional Officer Martha Escobar was approached by Inmate Aaron Smiley concerning his allegations of having fallen down the stairs the previous day as the result of his having been forced by the Respondent to carry six chairs up and down the stairs as a disciplinary measure. The alleged incident had taken place nearly 24 hours before Inmate Smiley reported it to Officer Escobar. Officer Escobar reported the statement on an incident report that she gave to her supervisor. Officer Escobar believed that Inmate Smiley was telling the truth about the incident. Inmate Smiley confirmed the facts previously stated to Officer Escobar to Captain Ruth Shaw who also completed a supervisory report. Lake City Correctional Facility Inspector Paul French interviewed numerous correctional officers under oath and prepared a written report concerning the alleged chair-carrying incident. Inspector French’s report covered the investigation of two charges: that the Respondent threatened Inmate Smiley with bodily harm if he told anyone about the alleged incident; and that the Respondent was untruthful in his responses as to what occurred during and following the alleged incident of November 27, 2002. No inmates who were listed as witnesses by Inspector French in his report were present to testify at the hearing. Officer Escobar had personally witnessed inmates carrying chairs up and down the stairs for disciplinary purposes under the Respondent’s watch in the past. Officer Escobar did not personally witness the alleged incident concerning Inmate Smiley. Officer Escobar had never reported to her supervisors in the past that inmates had been forced to carry chairs up and down the stairs for disciplinary reasons. Correctional Officer Joyce Joseph, who serves as a “mini warden” supervising the unit in which the alleged incident took place and another unit, spoke with the Respondent on one occasion about an incident involving an inmate under his watch carrying chairs up and down the stairs for disciplinary purposes. Officer Joseph neither reported the chair-carrying incident involving the Respondent to her superiors nor did she personally write-up the Respondent for the incident. Officer Joseph did not personally witness the alleged incident of November 27, 2002. Travis Smith, the Lake City Correctional Facility Recreation Director, had been told in the past by an inmate that the Respondent had ordered him to carry chairs up and down the stairs as a form of discipline. Mr. Smith never reported to his superiors the inmate’s statement that he had been disciplined by having been forced to carry chairs up and down the stairs. Mr. Smith did not personally witness the alleged incident of November 27, 2002. Captain Ruth Shaw received a report from her lieutenant, Phillip Mobley, that had been made by Officer Escobar concerning the alleged incident with Inmate Smiley on November 27, 2002. Captain Shaw has a close personal relationship with the Respondent. Captain Shaw had never witnessed the Respondent ordering inmates to carry chairs up and down the stairs as a form of discipline. Captain Shaw did not witness the alleged incident of November 27, 2002. Captain Shaw reported that Inmate Smiley told her he had tripped and fallen over chairs while carrying them up and down the stairs. Correctional Officer Maurice Gardner had previous discussions with the Respondent concerning the Respondent’s disciplining of inmates by requiring them to carry chairs up and down the stairs. Officer Gardner does not discipline inmates by having them carry chairs up and down the stairs. Officer Gardner had witnessed inmates in the past carrying chairs up and down the stairs for discipline when he came on his shift immediately following the Respondent’s shift in the correctional facility. Officer Gardner did not witness the alleged incident of November 27, 2002. Officer Gardner and the Respondent were friends when they worked together at the correctional facility. Sometimes inmates report incidents that are not true. Inspector French interviewed the Respondent once not under oath and a second time under oath. Under oath, on December 31, 2003, the Respondent stated to Inspector French that he had never ordered inmates to carry chairs up and down the stairs as a form of discipline. The Respondent was well respected at the Lake City Correctional facility prior to the alleged incident. If the Respondent had been found to have ordered inmates to carry chairs up and down the stairs as a form of discipline he most likely would have received a PSN, a “problem solving notice,” which is a mild form of discipline. The Respondent had never received a PSN or any form of discipline for having required inmates to carry chairs up and down the stairs as a form of discipline since no such incidents had ever been reported as to the Respondent in the past. The Respondent and all correctional officers at Lake City Correctional Facility had received instruction in the past about the importance of not lying under oath. The senior staff at the correctional facility instruct the correctional officers concerning how serious an infraction the Florida Department of Law Enforcement considers lying under oath. The Respondent had never been untruthful to Inspector French in the past. Sergeant Donna Murphy was aware that Officer Escobar went from cell to cell after the alleged incident of November 28, 2002, seeking statements about the incident from inmates. Inmate Smiley is a small individual who would have had a difficult time carrying six chairs up and down the stairs. Sergeant Murphy had never witnessed the Respondent requiring inmates to carry chairs up and down the stairs as a form of discipline. Sergeant Murphy did not witness the alleged incident of November 27, 2002. The Respondent believes that the witnesses who testified against him were forced to make the statements concerning his past disciplinary practices. The Respondent and Officer Escobar have experienced working relationship problems in the past. During his tenure at the Lake City Correctional Facility, the Respondent received one of the highest officer’s evaluations for 2002, and he was recommended for and completed four instructor’s courses: firearms instructor, defensive tactics instructor, instructor techniques, and chemical agents instructor. The Respondent has suffered personally as the result of losing his position at Lake City Correctional Facility. He has been forced to take a low-paying position as a youth counselor at a local community center in order to keep up with his child support payments and living expenses.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order as follows: The Respondent violated Section 837.02(1), Florida Statutes, and, as a result, failed to maintain good moral character, as required by Section 943.13(7), Florida Statutes; That his certification be suspended for two years from January 16, 2003. DONE AND ENTERED this 23rd day of February, 2004, in Tallahassee, Leon County, Florida. S ROBERT S. COHEN 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 February, 2004. COPIES FURNISHED: Laurie B. Binder, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Michael A. Kelly Route 7, Box 517 Lake City, Florida 32055 Rod Caswell, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
