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DEPARTMENT OF HEALTH, BOARD OF NURSING vs DIANNE J.M. MEREDITH, A.R.N.P., 08-000947PL (2008)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Feb. 21, 2008 Number: 08-000947PL Latest Update: Jun. 15, 2024
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LATORY SMILEY vs AGENCY FOR PERSONS WITH DISABILITIES, 16-003765EXE (2016)
Division of Administrative Hearings, Florida Filed:Orlando, Florida Jul. 01, 2016 Number: 16-003765EXE Latest Update: Dec. 16, 2016

The Issue Whether Petitioner has demonstrated rehabilitation from her disqualifying offense, and whether Respondent’s intended agency action to deny her request for an exemption is an abuse of discretion.

Findings Of Fact Respondent is the state agency charged with providing services to persons with developmental disabilities, including those with autism, cerebral palsy, spina bifida, Prader-Willi syndrome, and Down syndrome. The population the Agency serves is one with a heightened risk for abuse, neglect, and exploitation, and people employed to work with this population are considered to be in positions of special trust. Anyone seeking employment with an entity that serves this fragile population is required to undergo a Level 2 screening, in order to ensure that someone who has been convicted or found guilty of certain enumerated crimes is not placed in a position of trust with the people the Agency serves. Petitioner applied for a position with an entity called “The Mentor.” The position for which she applied required that she undergo Level 2 screening. A Level 2 background check was performed by the Department of Children and Families. The background check included criminal history record checks at state, national, and local levels. Petitioner’s state and local criminal record checks were clear. However, the background check revealed that Petitioner has a disqualifying offense that was committed in 2002 in Virginia. The background check also revealed some subsequent arrests and one non-disqualifying conviction occurring after the disqualifying offense. On December 14, 2015, the Department of Children and Families notified Petitioner by letter that she was disqualified from employment by virtue of her disqualifying offense, identified in the letter as grand larceny. The letter notified Petitioner of her eligibility to seek an exemption from disqualification. Petitioner completed a Request for Exemption Questionnaire, which was provided to her. She obtained those documents related to her criminal history that were available, but was unable to retrieve all of them due to the passage of time. She also submitted copies of documents related to her training and education, employment history, and restoration of her civil rights. There is an Exemption Review Request Checklist that gives some aide in completing the exemption packet, but there does not appear to be a set of instructions or any directions regarding what is sought in the questionnaire. For example, the checklist and the questionnaire speak of providing information regarding “each of your criminal offenses.” There is no explanation that “offenses” is meant to include not only convictions, but guilty and nolo contendere pleas, and arrests where the charges were dismissed. Similarly, the questionnaire asks the applicant to list “stressors” existing at the time of the disqualifying offense and existing now, but does not ask an applicant about their background. Petitioner testified that she called the Agency with questions regarding information to be supplied with the questionnaire, but did not get any meaningful assistance. By letter dated May 27, 2016, Barbara Palmer, as director of the Agency, notified her that the Agency had denied her request for exemption from disqualification because she had not submitted clear and convincing evidence of rehabilitation. No further explanation of the Agency’s decision was provided. Petitioner was notified of her right to request an administrative hearing if she disputed the Agency’s decision, and she timely invoked this right. Petitioner was born June 25, 1982, and is approximately 34 years old. She never knew her father, and her mother was a drug addict. Her older brother provided what little parenting she received, and the environment in which she grew up had no real moral compass. As a result, it was easy for Petitioner to become entangled with people who were not healthy influences. The Disqualifying Offense The offense which disqualifies Petitioner from holding a position of trust occurred on February 13, 2002, when she was 19 years old. Ms. Smiley was a back-seat passenger in a stolen car. When the car was stopped by police, the others in the car fled the scene. Ms. Smiley did not flee, but refused to give up the names of those who had. As she stated in her exemption questionnaire, “I was young and dumb at the time, and believed I was protecting my friends by not giving the cops their names. I was very very foolish!” Ms. Smiley was originally charged with grand larceny (the crime that the Department of Children and Families identified), but pled to and was found guilty of receiving stolen property, a felony under Virginia law, as well as a lesser included misdemeanor offense of eluding a police officer. As a result of the plea agreement, on May 30, 2002, Ms. Smiley was sentenced to two years’ incarceration for Count 1 and 12 months’ incarceration for Count 2. The court suspended the sentences for both counts, subject to two years of unsupervised probation, payment of court costs of $1,315.50 and restitution of $700 to the owner of the car.1/ As of February 1, 2008, Petitioner paid both the costs and the restitution related to her disqualifying offense, and she received releases of judgment for them from the Norfolk County Court. She also wrote a letter of apology to the victim and stated in the questionnaire that the victim in turn had given her encouraging words regarding the importance of the company one keeps that she has taken to heart. Subsequent Criminal Events Agencies conducting disqualification exemption requests are permitted to consider arrests and convictions that occur after any disqualifying offense, whether or not the subsequent event would be considered a disqualifying offense if the applicant was found guilty, and regardless of the disposition of any arrest. Based on its authority to do so, the Agency considered the following events in Petitioner’s past when it denied her request for an exemption. There was some mention at the hearing of an arrest in 2003, which the Agency indicates was explained in an e-mail which would be in Respondent’s Exhibit I. However, as noted previously, Respondent did not submit Exhibit I after the hearing, and there is no documentation regarding this arrest. However, it appears from the brief testimony at the hearing on this issue that Petitioner was actually the victim in this incident, and the charges against her were dismissed. On January 23, 2006, Petitioner was arrested and charged with indecent language. Petitioner was 23 at the time. The charge was dismissed on January 26, 2006. Petitioner explained that she had gotten into an argument with a friend when she learned the friend was seeing Petitioner’s boyfriend, and used some off-color language during the argument. It is surprising that this could, in this day and age, even be a criminal offense that is actually charged. One cannot help but wonder how small the employment pool would be if all who used indecent language could not hold positions of trust. Nonetheless, this ten-year-old arrest is a factor that the Agency considered, concluding that it was evidence of Petitioner’s lack of judgment. On June 1, 2009, Petitioner was arrested for failure to appear. The Norfolk, Virginia, criminal records indicate that the offense date was June 30, 2008. The charge was dismissed on June 29, 2009. Petitioner testified candidly that she totally forgot her court date and was remorseful about doing so. On June 14, 2009, Petitioner was arrested for obstruction of justice, a misdemeanor. Petitioner apparently pled guilty and was sentenced to 90 days in jail, with 80 days of the sentence suspended. Petitioner paid the costs associated with this offense on or before October 5, 2009. Petitioner explained that she and some friends had been partying, and that she “mouthed off” at a security guard. She described her behavior has “completely out of line,” for which she took full responsibility. She no longer drinks alcohol or parties, because she wants to be a better role model for her children. As is explained below, Petitioner left the Norfolk area and moved to Fairbanks, Alaska, where she sought and received training in counseling for alcohol and drug abuse. She worked as a counselor in Fairbanks until moving to Florida in 2013. Her efforts to obtain employment in Florida have been stymied by the requirement for Level 2 screening. While she has not been employed since moving to Florida, she has worked toward obtaining her education and has been active in her church and her children’s education. Educational History On June 15, 2002, after the entry of the felony plea, Ms. Smiley graduated from Granby High School in Norfolk, Virginia. On October 6, 2011, Ms. Smiley received her certification from the Regional Alcohol and Drug Abuse Counselor Training Program (RADACT), in Anchorage, Alaska, as a Counselor Technician/Behavioral Health Aide I. To earn this certification, she completed 112 hours of coursework from September 19 through October 6, 2011. On January 26, 2012, Petitioner completed two hours of continuing education in clinical documentation, approved by the State of Alaska, DHSS Behavioral Health. On June 7, 2012, Petitioner received a certification for the completion of a Motivational Interviewing course offered by RADACT, representing 16 contact hours. On October 4, 2012, Ms. Smiley received her certification from RADACT, as a Level I Counselor. To earn this certification, she completed 112 hours of coursework from September 17 through October 4, 2012. All of the certifications from RADACT indicate that the coursework has been approved by the National Association of Alcoholism and Drug Abuse Counselors and will be accepted by the Alaska Commission for Behavioral Health Certification. Ms. Smiley submitted documentation indicating that she had attended classes at Valencia College in the summer of 2015, taking classes toward her college degree. She also has taken courses at Seminole State College, although the time frame for this coursework is unclear from the documentation presented. Employment History Petitioner submitted the following information related to her work history on the exemption questionnaire. From May 14, 2000, to September 16, 2003, Ms. Smiley worked on a seasonal basis as a summer camp worker for the City of Norfolk Parks and Recreation Department. The undersigned notes that she was employed in this capacity during the time period when her disqualifying offense occurred, and that the City of Norfolk continued to employ her working with children, despite her felony conviction. There is no indication that any child was harmed as a result of the care she provided to children during her employment with the city. From October 1, 2003, to June 10, 2005, Petitioner worked as a youth counselor for the YMCA in Norfolk. Her job duties included assisting with homework and after-school activities in the YMCA’s before and after school programs. Ms. Smiley held this job working with children not long after her felony conviction, in the same town where the conviction occurred. Petitioner worked for the City of Norfolk, Parking Division, from June 10, 2006, through October 1, 2008, collecting parking fees. The City of Norfolk employed her in a position involving the collection of money despite her felony conviction for receiving stolen property. Ms. Smiley moved to Alaska, and from February 2, 2009, to February 13, 2013, Petitioner worked for Fairbanks Native Associates in Fairbanks, as a counselor.2/ In that capacity, she worked with clients to develop ways to cope with issues such as HIV, grief, stress, and addiction, and, potentially, to incorporate 12-step programs to assist with recovery and prevent relapse. With each of her jobs, Petitioner remained employed for a minimum of 20 months to approximately four years. Ms. Smiley left her job in Alaska in order to move to Florida. While she has sought employment in Florida, she has been unable to get past the Level 2 screening and cannot work in the field for which she has trained because she does not have an exemption. Community Involvement On December 9, 2015, Ms. Smiley’s civil rights to vote, hold public office, serve on a jury, and to be a notary public were restored by the Governor of Virginia. She has completed an application to register to vote in Florida. Ms. Smiley has three special-needs children and is an involved parent. She attends all of her children’s school functions and belonged to the PTA at her children’s elementary school. She also attends church twice a week and is active in a faith-based organization called “I am Judah.” Petitioner also provided to the Agency two positive letters regarding her character, from Daquisha Presley and Shavon Haskins. Both letters are glowing in their praise of Ms. Smiley, but contain no real explanation of how the writers know her or any description of activities in which she is involved that would point to rehabilitation. However, both letter-writers are from Virginia, making their attendance at a hearing in Florida unrealistic. Both writers speak of Ms. Smiley’s thoughtfulness and giving heart, with Ms. Presley also referring to her strength, grace, compassion, leadership, courage, and faith. The Agency’s Decision The Agency declined to grant Petitioner’s request for exemption, stating that she had not provided clear and convincing evidence of rehabilitation. At the hearing, the Agency gave little explanation regarding the reasoning behind its decision. It is unclear whether Agency personnel realized that Ms. Smiley’s disqualifying offense was receiving stolen property, as opposed to grand larceny, as identified in the Department of Children and Families’ December 14, 2015, letter. Mr. Sauve testified that Ms. Smiley’s lack of employment after moving to Florida was troubling and that the Agency had considered her non- disqualifying offenses since the 2002 conviction. In its Proposed Recommended Order, the Agency asserts that Petitioner “has not demonstrated any rehabilitation specific to the disqualifying offense, and a majority of the evidence given for her rehabilitation existed during the ensuing non-qualifying offenses.” The Agency did not indicate what would qualify as rehabilitation “specific to the disqualifying offense.” However, the record at hearing demonstrated that Petitioner paid all of the court costs and restitution related to the disqualifying offense, and wrote a letter of apology to the victim. She has stopped drinking alcohol, which contributed to her past indiscretions, and moved away from the environment where her troubles began. All of these actions are evidence of steps toward rehabilitation. Moreover, the statement that the majority of evidence Petitioner presented related to rehabilitation existed during the ensuing non-qualifying offenses is incorrect. With the exception of her high school diploma, all of the training and education that Petitioner has received occurred after the 2009 charge, which is the last encounter Petitioner had with the criminal authorities. The same can be said of her employment as a counselor. Her civil rights were restored in 2015; also well after the 2009 charge. Petitioner’s actions and her efforts to move past the behaviors leading to her legal issues must be viewed from two different perspectives: first, through the lens of her background and upbringing, in order to understand the environment in which she found herself and that which she now lives; and second, through the significant and laudable goal of the Agency to ensure that the fragile population it serves is not exploited or endangered. Petitioner testified at the hearing, and her testimony is something the Agency did not have the advantage of hearing before making its initial decision. As noted above, Petitioner did not have the benefit of a solid family structure. She did not know her father, and her mother was a drug addict. She views her behavior as a young adult for what it was: the foolish and irresponsible behavior of a young woman hanging out with the wrong people, and not thinking about the future. She admitted that her behavior in 2009 also was irresponsible, stating that she was “completely out of line.” She testified that she has removed herself from those influences in her life and no longer drinks or parties, instead focusing on being a mother to her children. The Agency points out that she also was a mother in 2009 when the final non-disqualifying offense occurred. While that is true, Petitioner has taken steps to improve her situation since that time: by obtaining training for employment and working in the counseling field, by attending her church and faith-based organization activities, and by being active in her children’s elementary school PTA. All are efforts that Petitioner has made in the last six to seven years to be a positive role model for her children and to rise above the circumstances in which she was raised. In short, she is attempting to provide for her children what no one provided for her. She also has used the time while she has been unable to gain employment to continue her education. The evidence considered at the hearing shows a woman who was truly remorseful for the actions in her past and who is doing her best to overcome the limitations of her upbringing and be a contributing member of society. Ms. Smiley has proven rehabilitation from the single disqualifying offense by clear and convincing evidence. Based on the evidence presented at the hearing, it also demonstrates that Petitioner presents no danger to the vulnerable population served by the Agency. The credible hearing testimony, coupled with the information presented to the Agency, established that Ms. Smiley presents no danger to APD clients, including children. Since her disqualifying offense, she has worked with children, been entrusted with money, and worked with those battling addiction and other stressors. While the Agency is right to take its responsibility to protect a particularly vulnerable population seriously, Ms. Smiley has demonstrated her ability and passion to work with those who are less fortunate than herself. As she stated in her Proposed Recommended Order, “I want to work with trouble teens [sic] because I know the STRUGGLE, I know how trouble is easy to get into and HARD to get out, even 15 years down the road.” She should be allowed to do so.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that that the Agency for Persons with Disabilities enter a final order granting Petitioner’s request for an exemption from disqualification from a position of trust. DONE AND ENTERED this 12th day of September, 2016, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 12th day of September, 2016.

Florida Laws (7) 120.569120.57435.04435.07817.563893.13893.147
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DEPARTMENT OF STATE, DIVISION OF LICENSING vs STEPHEN A. SHIELDS, 95-005321 (1995)
Division of Administrative Hearings, Florida Filed:Miami, Florida Nov. 01, 1995 Number: 95-005321 Latest Update: Jun. 03, 1996

Findings Of Fact Respondent holds a Class "C" Private Investigator License, license number C86-00509. The Respondent has held that license at all times material to this proceeding. On July 4, 1994, the Respondent intentionally struck N.S. (a minor) with a flashlight. The striking of N.S. took place immediately after, and was in response to, N.S.'s act of kicking the Respondent while the Respondent was on a stairway landing and was in reasonable fear that his attacker (N.S.) might push him down the stairs. Under the circumstances, the Respondent's act of striking N.S. was a reasonable act of self-defense in the lawful protection of himself from physical harm.

Recommendation On the basis of all of the foregoing it is recommended that a Final Order be issued in this proceeding dismissing all charges against the Respondent. DONE AND ENTERED this 9th day of February, 1996 in Tallahassee, Leon County, Florida. 1550 _ MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399- (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of February, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-5321 The following are the Hearing Officer's specific rulings on all proposed findings of fact submitted by all parties. Proposed findings submitted by Petitioner: Paragraph 1: Accepted. Paragraphs 2, 3, and 4: Rejected as irrelevant or as subordinate and unnecessary details. (For reasons discussed in the Conclusions of Law, the details regarding the criminal prosecution of the Respondent are not competent substantial evidence of the facts alleged in the Administrative Complaint.) Proposed findings submitted by Respondent: The Respondent's proposed recommended order does not contain any specific portion designated as "findings of fact." Rather, the Respondent has intertwined his proposed findings, his proposed conclusions, and his arguments throughout his proposal. It appears to be sufficient to note that the findings of fact in this recommended order are generally consistent with the substance of the Respondent's version of the facts. COPIES FURNISHED: Douglas D. Sunshine Assistant General Counsel Department of State, Division of Licensing The Capitol, Mail Station Number 4 Tallahassee, Florida 32399-0250 Mr. Stephen A. Shields 9441 Southwest 4th Street, Number 311 Miami, Florida 33174 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250

Florida Laws (2) 120.57493.6118
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DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs TARENCE ROBINSON, 02-004321PL (2002)
Division of Administrative Hearings, Florida Filed:Miami, Florida Nov. 07, 2002 Number: 02-004321PL Latest Update: Jun. 02, 2003

The Issue The issue in this case is, pursuant to a Pre-Hearing Stipulation and Contingent Settlement Agreement, whether a statement made by Respondent, Tarence Robinson, on April 13, 1999, was obtained freely and lawfully by law enforcement.

Findings Of Fact Petitioner, the Criminal Justice Standards and Training Commission (hereinafter referred to as the "Commission"), is created within the Florida Department of Law Enforcement by Section 943.11, Florida Statutes. The Commission is charged with the responsibility for, among other things, the certification and revocation of certification of officers, instructors, and criminal justice training schools in Florida. Respondent, Tarence Robinson, has been certified as a correction officer in the State of Florida since November 15, 1991, having been issued Correctional Certificate Number 73013. On April 13, 1999, Lawrence Taddeo, a detective with the City of North Miami Police Department (hereinafter referred to as the "Police Department"), spoke with Mr. Robinson by telephone and asked him to meet with Detective Taddeo about allegations by Mr. Robinson's step-daughter that he had sexually battered her. Mr. Robinson agreed to Detective Taddeo's request and voluntarily went to the Police Department's offices where he met Detective Taddeo. Mr. Robinson arrived at about 11:00 a.m. Upon his arrival, Mr. Robinson was interrogated by Detective Taddeo and Scott Croye, another detective with the Police Department. Mr. Robinson was voluntarily interrogated. Before questioning Mr. Robinson, Detective Taddeo explained the nature of the investigation and advised Mr. Robinson of his "Miranda" rights. See Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L.Ed.2d 694 (1966). Mr. Robinson indicated that he understood his rights, agreed to waive those rights, and signed a form titled "North Miami Police Department Advice of Constitutional Rights Before Interview" (hereinafter referred to as the "Miranda Rights Waiver Form"). The Miranda Rights Waiver Form includes the following warning and questions: BEFORE YOU ARE ASKED ANY QUESTIONS, YOU MUST UNDERSTAND YOUR RIGHTS. You have the right to remain silent. You need not talk to me or answer my questions if you do not wish to do so. . . . . Should you talk to me, anything you say can and will be introduced into evidence in court against you. . . . . If you want an attorney to represent you at this time or at any time during questioning, you are entitled to such counsel. . . . . If you cannot afford an attorney and so desire, one will be provided without charge. . . . . _ DO YOU FULLY UNDERSTAND THE ABOVE STATEMENT OF YOU RIGHTS? . . . . ARE YOU WILLING TO ANSWER QUESTIONS WITHOUT THE PRESENCE OF AN ATTORNEY AT THIS TIME? . . . . After the each of the foregoing questions, Mr. Robinson checked "Yes" indicating that he understood his rights and that he was willing to proceed with the investigation without an attorney. Following the foregoing questions and under the statement "THIS STATEMENT IS SIGNED OF MY OWN FREE WILL WITHOUT ANY THREATS OR PROMISES HAVING BEEN MADE TO ME," Mr. Robinson placed his signature and the date, April 13, 1999. His signature was witnessed by Detectives Taddeo and Croye, who also signed and dated the Miranda Rights Waiver Form. Mr. Robinson, who holds a college degree, in fact understood his constitutional rights and knowingly waived them before giving his April 13, 1999, statement. After having been properly advised of the nature of the allegations against him and his constitutional rights, Mr. Robinson proceeded to freely, without promise, threat, or coercion, answer questions posed by Detectives Taddeo and Croye concerning the allegations that had been made by his step- daughter. The interrogation began at approximately 11:15 a.m. and continued until shortly after 1:00 p.m. At no time did Mr. Robinson indicate that he wanted to assert his constitutional rights to remain silent or to have an attorney present. A little after 1:00 p.m., Mr. Robinson agreed to give a tape recorded statement. Mr. Robinson was placed under oath at the commencement of the tape recorded statement. At no time during the recording of his statement did Mr. Robinson indicate that he wished to assert his constitutional rights to remain silent or to have an attorney present. At the end of Mr. Robinson's recorded statement, Mr. Robinson was placed under arrest by Detectives Taddeo and Croye pursuant to an arrest warrant. Mr. Robinson's April 13, 1999, statement is admissible in this proceeding.

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 Law Enforcement, Criminal Justice Standards and Training Commission, requiring that Tarence Robinson voluntarily relinquish his certification within 30 days of entry of the final order and provided, that should he fail to do so, his certificate be revoked. DONE AND ENTERED this 2nd day of April, 2003, in Tallahassee, Leon County, Florida. LARRY J. SARTIN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 2nd day of April, 2003.

Florida Laws (6) 120.569120.57837.021943.11943.13943.1395
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DEPARTMENT OF LAW ENFORCEMENT, CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION vs CURTIS COLEMAN, JR., 07-000668PL (2007)
Division of Administrative Hearings, Florida Filed:Gainesville, Florida Feb. 09, 2007 Number: 07-000668PL Latest Update: Aug. 23, 2007

The Issue Should the Criminal Justice Standards and Training Commission (the Commission) impose discipline on Respondent in association with his Correctional Officer Certificate?

Findings Of Fact Having considered Respondent's comment in requesting a formal hearing, it is inferred that Respondent holds a correctional officer's certificate issued by the Commission. On October 28, 2004, Respondent and Misty Quarles were living together in Gainesville, Florida, as a couple. Ms. Quarles describes their relationship as boyfriend and girlfriend. Respondent determined to end the relationship, to include removing Ms. Quarles' name from the lease for the apartment. An argument ensued. Ms. Quarles left the bedroom and went to the bathroom and closed the door. Respondent opened it and started yelling at Ms. Quarles. Respondent was angry. Respondent pushed Ms. Quarles forcefully. She fell to the ground. When Respondent pushed her down, Ms. Quarles hit her head on the and door the impact left a knot on her head. She got up and pushed Respondent back. The argument continued. Respondent pushed Ms. Quarles again and she landed on the bed in the bedroom. Ms. Quarles then began to pack her belongings to leave. Respondent started gathering some of her clothing and other effects to throw in the dumpster outside the apartment. Ms. Quarles knocked those items out of Respondent's hands. Respondent began yelling again and punched Ms. Quarles on her leg while holding her down on the bed. In trying to stop Respondent from punching her, Ms. Quarles used her right hand to resist the Respondent. He pushed against a joint in her hand, causing a right thumb fracture at the base of the first metacarpal. After that, Ms. Quarles asked Respondent to take her for medical treatment. Respondent took Ms. Quarles to North Florida Regional Medical Center where she was observed to have the fracture, together with abrasions on her nose, under her left eye, and a contusion on her right forehead. Her right hand was also swollen. Ms. Quarles received a splint and was told to use ice and employ elevation and rest to deal with her fracture. She was provided pain medication and referred to an orthopedic physician. Petitioner's Exhibit numbered one is a composite exhibit containing a series of photographs depicting Ms. Quarles physical state after her encounter with the Respondent leading to her injuries. Respondent's actions against Ms. Quarles were against her will and intentionally caused bodily harm. Deputy Robert Wesley of the Alachua County Sheriff's Office came to the hospital to investigate. Based upon his investigation, he arrested Respondent for felony domestic battery involving the incident with Ms. Quarles. The disposition of that arrest was not explained at hearing. There is no indication that Respondent has had prior discipline imposed on his correctional officer's certificate.

Recommendation Based upon the consideration of the facts found and the conclusions of law reached, it is RECOMMENDED: That a final order be entered finding violations of the statutes and rules referred to and revoking Respondent's correctional officer's certificate. DONE AND ENTERED this 31st day of May, 2007, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS 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 31st day of May, 2007 COPIES FURNISHED: Joseph S. White, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Curtis Coleman, Jr. Michael Crews, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Rampage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302

Florida Laws (10) 120.569120.57775.082775.083775.084784.03943.13943.133943.139943.1395 Florida Administrative Code (2) 11B-27.001111B-27.005
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