The Issue The issue presented for decision herein is whether or not Respondent engaged in acts and/or conduct on July 27, 1983, which reduced his effectiveness as a law enforcement officer by committing a battery upon a police officer and failed to maintain good moral character as required pursuant to Section 943.1395(5), Florida Statutes, and Section 943.13(7), Florida Statutes.
Findings Of Fact Based upon my observation of the witnesses and their demeanor while testifying, documentary evidence received including post-hearing documents submitted by Respondent, I hereby make the following relevant factual findings. By its Administrative Complaint filed December 19, 1984, as amended, Petitioner seeks to revoke the certification of Respondent, Lamont Taylor, who was certified by the Criminal Justice Standards and Training Commission on January 5, 1978. Respondent has been issued Certificate No. C-4405. On July 27, 1983, Respondent was stopped by Louis Churukian, a general patrolman employed by the Metro-Dade Police Force in excess of two years. Officer Churukian was employed on the 12-8 shift on July 27, 1983, and arrested Respondent for speeding, to wit, 50 miles per hour in a 35 miles per hour zone on Northwest 163 Street in the area of 14th Avenue, Miami Beach, Florida. In making the arrest, Respondent had to be apprehended with Officer Churukian using his emergency equipment (siren and emergency lights) for more than two blocks. When Officer Churukian was able to get Respondent to pull over, Respondent was told that he was observed speeding (50 miles per hour in a 35 miles per hour zone) whereupon Respondent was asked to tender his driver's license. Respondent was unable to produce his driver's license and he remained belligerent and hostile to Officer Churukian throughout the time that he was being arrested. Due to Respondent's hostile attitude, Officer Churukian requested the assistance of a backup officer who assisted in taking Respondent to a Metro-Dade police station for booking. Prior to placing Respondent under arrest, Officer Churukian asked Respondent if he had any weapons on his person whereupon Respondent advised that he had a gun in his waistband. Officer Churukian removed the weapon from Respondent's waistband which was a Smith and Wesson 357 revolver loaded with 6 rounds of "upper jacketed" ammunition. Respondent was transported to Station G where he was fingerprinted and booked for failure to produce a driver's license and later for battery upon a police officer. After Respondent was booked and his handcuffs were removed, he approached Officer Churukian without warning and struck him in the soft tissue area of his throat. Officer Churukian was administered emergency treatment for soreness and inflammation in the soft tissue area of his throat. Throughout the arrest and booking procedure, Officer Churukian did not engage in any act which might be regarded as provocative to prompt Respondent to strike him. In what has been described as a "sucker punch" by Officer Charlie Lee Daye, a correctional officer employed in a shakedown area of the Metro-Dade County Jail since approximately May 29, 1976, Respondent knocked Officer Churukian to the floor of the police station. Angel Nieves, a special response technician for Metro-Dade Police Force for a period in excess of thirteen years, was called upon to assist Officer Churukian to take Respondent to the jail. Special response technicians are always called upon when there are charges made against fellow police or correctional officers in Dade County. While Officer Churukian took Respondent to the jail, he was not abusive and Officer Nieves saw nothing that would prompt Respondent to strike Officer Churukian. Respondent failed to offer any mitigating testimony or other evidence to refute the allegations set forth in the Petitioner's charges filed herein. On April 5, 1994, respondent was accepted as a candidate for the State's Attorney's Deferred Prosecution Program and therefore he Respondent was not adjudicated guilty of the charges filed against him.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is hereby recommended that the Respondent's Certificate Number C-4405 be revoked. RECOMMENDED this 8th of July 1985, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer 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 8th day of July 1985. COPIES FURNISHED: Robert Rand, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Lamont Taylor 14404 NW 15 Drive Miami, Florida 33167 Darylp McLaughlin Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Amended Administrative Complaint, as amended, filed against him, and, if so, what disciplinary action should be taken against him, if any.
Findings Of Fact At all times material hereto, Respondent has been the holder of a Class "B" security agency license, number B 0001057. On July 27, 1995, Respondent was tried, was found guilty, and was adjudicated guilty of grand theft, a third-degree felony, in violation of Section 812.014(1)(a), Florida Statutes. On July 27, 1995, Respondent was tried, was found guilty, and was adjudicated guilty of perjury not in an official proceeding, a first-degree misdemeanor, in violation of Section 837.012, Florida Statutes. In the foregoing proceeding, the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida, placed Respondent on probation for terms of five years and one year to run concurrently, and ordered Respondent to pay restitution in the amount of $15,783.67 to the victim.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent guilty of the allegations contained in the Amended Administrative Complaint, as amended, and revoking Respondent's Class "B" security agency license number B 0001057. DONE and ENTERED this 21st day of February, 1996, at Tallahassee, Leon County, Florida. LINDA M. RIGOT, 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 21st day of February, 1996. APPENDIX TO RECOMMENDED ORDER DOAH CASE NO. 95-5217 Petitioner's proposed findings of fact numbered 1-4 have been adopted either verbatim or in substance in this Recommended Order. COPIES FURNISHED: Michele Guy, Esquire Department of State Division of Licensing The Capitol MS-4 Tallahassee, Florida 32399-0250 Mr. Daniel D. Goldberg 2812 Southwest 65th Avenue Miramar, Florida 33023 Honorable Sandra B. Mortham Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact The facts stated in the Joint Stipulation of the parties to the extent set forth below are hereby adopted as findings of fact: On December 21, 1990, Petitioners, each of which is a wholly-owned subsidiary of Dean Foods Company ("Dean"), were each convicted of a one-count felony charge brought under Section 1 of the Sherman Antitrust Act. On January 7, 1992, Respondent filed and Petitioners received notices of intent to each Petitioner pursuant to Section 287.133(3)(e)1, F.S. On January 28, 1992, Petitioners, pursuant to Section 287.133(3)(e)2, F.S., filed a petition, pursuant to Section 120.57(1), F.S., requesting an order determining that it is not in the public interest for Petitioners to be placed on the State of Florida Convicted Vendor List. Petitioners' convictions arose out of an investigation initiated by the Florida Attorney General into possible bid-rigging of school milk requirements contracts in Florida by dairies and distributors. In 1988, the Attorney General filed a civil action against these dairies and distributors, including Petitioners. Section 287.133(3)(e)3.c, F.S., establishes "[t]he degree of culpability of the person or affiliate proposed to be placed on the convicted vendor list" as a factor to be considered in the decision whether to place such person or affiliate on such list. The State of Florida's complaint alleged that the bid-rigging and contract allocation scheme began at least as early as 1978. According to the State's attorneys, the illegal activities actually started as early as the 1960's in southeastern Florida (McArthur Dairy's principal market area) and the 1970's in central and southwestern Florida (T.G. Lee Foods' principal market area). Dean purchased Petitioners in 1980. According to the State's attorneys, Jack Wells and James Clark, former sales managers at McArthur Dairy and T.G. Lee Foods, respectively, participated in such conspiracies during the 1960's and 1970's and fraudulently concealed their efforts from the former owners of T.G. Lee Foods and McArthur Dairy, from Dean and from the school boards. Thus, Dean unknowingly bought into these on-going conspiracies. While the fact that Dean bought into these preexisting schemes was not a legal defense, it is relevant to the issue of culpability. This fact and Dean's early settlement offer were given favorable consideration by the State of Florida during settlement discussions. Section 287.133(3)(e)3.d, F.S., establishes "[p]rompt or voluntary payment of any damages or penalty as a result of the conviction" as a factor mitigating against placement on the convicted vendor list. Dean promptly paid on behalf of Petitioners all civil damages owed the State arising out of such activities. In a press release dated August 1, 1988, the Attorney General confirmed Dean's payment in full settlement of the charges brought by the State of Florida against Petitioners. A federal grand jury sitting in Tampa, Florida also investigated this matter. Dean and Petitioners cooperated fully with that investigation. Pursuant to plea and settlement agreements dated September 12, 1990, entered into by each of Petitioners with the United States Department of Justice, Dean and Petitioners agreed to a comprehensive settlement. Said settlement required that Petitioner plead guilty to a one-count criminal information and pay $1 million each in criminal penalties and $175,000 each in civil damages to the federal government. Such civil liabilities and criminal penalties were paid to the federal government, as reflected in a letter from the federal prosecutor to officials of the United States Defense Logistics Agency dated February 21, 1991, which letter appears as Exhibit A to the Memorandum submitted by Dean to the Defense Logistics Agency. Section 287.133(3)(e)3.e, F.S., establishes "[c]ooperation with state or federal investigation or prosecution of any public entity crime" as a mitigating factor. Petitioners agreed to and did cooperate fully with the State of Florida in connection with its investigation. Petitioners also cooperated fully with the federal grand jury investigation. This cooperation was confirmed in the letter from the federal prosecutor referred to above, which states: We have found McArthur & T.G. Lee and their attorneys to have been most cooperative in this matter. We believe both the companies and their attorneys have shown a high degree of responsibility by agreeing to settle this matter in an expeditious manner. The negotiated settlement with these defendants resolves all matters relating to their operations in Florida. As a final point, we believe the early agreement by these companies and their counsel to settle this matter for a substantial sum gave the incentive for other corporate defendants to come forward and also offer substantial criminal and civil settlements. Several of those cases have now been favorably concluded. Section 287.133(3)(e)3.f., F.S., establishes "[d]isassociation from any other person or affiliate convicted of the public entity crime" as a mitigating factor. Jack Wells and James Clark, the only individuals at McArthur Dairy and T.G. Lee Foods implicated in the wrongdoing that give rise to the convictions in question, were terminated. The investigations conducted by the State of Florida and the Department of Justice disclosed no involvement or knowledge on the part of any other employee of Petitioners, Dean or any of Dean's other subsidiaries, as reflected in a letter form attorneys representing the State of Florida to Dean's attorney dated June 29, 1988. Section 287.133(3)(e)3.g, F.S., establishes "[p]rior or future self- policing by the person or affiliate to prevent public entity crimes' as a mitigating factor. All of Dean's subsidiaries, including Petitioners, have an active antitrust compliance program. Section 287.133(3)(e)3.k, F.S., establishes "demonstration of good citizenship" as a mitigating factor. Petitioners have been involved in civic and philanthropic affairs throughout the years. For example, T.G. Lee Foods and McArthur Dairy have spearheaded fundraising events for Edgewood Children's Ranch, a non-sectarian foundation for the support of under-privileged and abused children. T.G. Lee Foods and McArthur Dairy have also donated milk to the Ranch for a number of years. McArthur Dairy has made substantial contributions to organizations such as the University of Miami, and Miami Dade Junior College.
The Issue The issue is whether Respondent's certification as a Firefighter II Compliance should be permanently revoked for the reasons stated in the Administrative Complaint (Complaint), dated June 6, 2018.
Findings Of Fact The Department is the state agency responsible for licensing and regulating firefighters in the State. Respondent is certified in Florida as a Firefighter II Compliance. He holds Certificate No. 139586. Until the incident underlying this controversy arose, Respondent was employed by the Sarasota County Fire Department as a firefighter/paramedic. He now is working in the emergency room of a local hospital. The parties have stipulated that on March 21, 2018, Respondent entered a plea of nolo contendere to aggravated assault with a weapon, a third-degree felony punishable by imprisonment of one year or more under Florida law. Adjudication was withheld, Respondent was placed on probation for a period of two years, and he was ordered to pay court costs, fines, and fees in the amount of $1,525.00. See also Dep't Ex. 19. In response to the Complaint, Respondent essentially argues that: (a) he should not have been charged with the underlying criminal offense because he was defending himself against an aggressor in a road rage incident, and (b) he entered a nolo contendere plea based on bad advice from his attorney. At hearing, Respondent gave his version of the events resulting in his arrest. Also, two police officers involved with his arrest testified to what they observed and reported. Their testimony conflicts in many respects with Respondent's testimony. The undersigned will not attempt to reconcile the conflicts, as this proceeding is not the appropriate forum in which to relitigate the criminal charge. During the criminal case, Respondent was represented by a criminal law attorney who presented him with two options: enter into a plea arrangement or go to trial and risk a harsher penalty if he were found guilty. Respondent says he accepted his counsel's recommendation that he enter a plea of nolo contendere on the belief that he would not have a felony arrest on his record. After the plea agreement was accepted by the court, Respondent learned that the plea required revocation of his certification and loss of his job. Respondent also testified that even though he paid counsel a $15,000.00 fee, his counsel did little or no investigation regarding what happened, as he failed to depose a single witness before making a recommendation to take a plea.1/ In hindsight, Respondent says he would have gone to trial since he now believes he had a legitimate claim to the "castle defense," and the so-called victim in the incident (the driver of the other car) has a long criminal history and is now incarcerated. At this point, however, if Respondent believes an error in the legal process occurred, his only remedy, if one exists at all, is through the court system and not in an administrative proceeding. A felony plea constitutes noncompliance with the certification statute and requires permanent revocation of a certification. According to a Department witness, however, five years after all requirements of the court's sentencing have been met, the Department has the authority "in a formal process" to make a "felony conviction review" that may result in the reissuance of a certification. Except for this incident, Respondent has no other blemishes on his record. He served in the United States Marine Corps, with combat tours of duty in Iraq and Afghanistan, he was honorably discharged, and he was honored for saving a life at a Target store while off-duty. He has apologized for his actions, taken an anger management course, and received further treatment for Post-traumatic Stress Disorder at a local Veteran's Administration facility.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Financial Services enter a final order permanently revoking Respondent's certification. DONE AND ENTERED this 15th day of February, 2019, in Tallahassee, Leon County, Florida. S D. R. ALEXANDER 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 15th day of February, 2019.
Findings Of Fact On June 19, 1991, Dale McClellan was convicted of a one count violation of the Sherman Anti-Trust Act for conduct that occurred on or before August 8, 1986. Dale McClellan's conviction arose out of an investigation initiated by the Florida Attorney General in 1987 into possible bid rigging of school requirements contracts in Florida by thirteen dairies and distributors. In 1988, the Attorney General filed a civil action against these 13 dairies and distributors. In 1987, the United States Attorney General began an investigation into the same conduct pursuant to the Sherman Anti-Trust Act. Pursuant to paragraphs 287.133(3)(a) and (b), Florida Statutes, M & B Products, Inc. and Dale McClellan made timely notification to the Department of Management Services (DMS) and provided details of the convictions. On September 6, 1995, DMS issued a notice of intent pursuant to Subparagraph 287.133(3)(e)1., Florida Statutes. On September 29, 1995, pursuant to Subparagraph 287.133(3)(e)2., Florida Statutes, M & B Products, Inc. and Dale McClellan timely filed a petition for formal administrative hearing pursuant to subsection 120.57(1), Florida Statutes, to determine whether it is in the public interest for M & B Products, Inc. and Dale McClellan to be placed on the State of Florida Convicted Vendor List. Subparagraph 287.133(3)(e)3., Florida Statutes, establishes factors which, if applicable to a convicted vendor, will mitigate against placement of that vendor upon the convicted vendor list. Section 287.133(3)(e)3.e., Florida Statutes, establishes "cooperation with a State or Federal investigation into a public entity case as a mitigating factor against placement on the convicted vendor list." Dale McClellan was notified of an Investigative Demand by the Attorney General's Office in 1987. On December 14, 1987, Phillip Hall, Esquire, a representative of the Attorney General, State of Florida, reviewed records of two companies operated by Dale McClellan. These records were voluntarily produced by Mr. McClellan. Subsequent to Phillip Hall reviewing business records of Dale McClellan, copies of a portion of said records were voluntarily provided to the Florida Attorney General's Office. Dale McClellan met with representatives of the Attorney General's Office in January of 1988 and gave a statement in cooperation of their investigation, to Richard Arnold, Esquire, and Assistant Attorney General Jerome Hoffman. In November 1987, Dale McClellan cooperated with the Federal Grand Jury in Atlanta, Georgia, producing ten (10) boxes of records in response to a subpoena directed at his business. In March 1991, prior to his conviction in Federal Court, Dale McClellan cooperated with Federal Prosecutors at a meeting arranged by them in Atlanta, Georgia. Section 287.133(3)(e)3.d., Florida Statutes, provides prompt payment of any damages or penalty as the result of the conviction as a mitigating factor against placement on the convicted vendor list. Dale McClellan paid a penalty of $2,500.00 imposed by Judge William Castagna, on June 19, 1991. Section 287.133(3)(e)3.e., Florida Statutes, establishes the nature and details of the public entity crime as a mitigatory factor. Dale McClellan's violation consisted of supplying milk to 11 schools in Hillsborough County, Florida, through his company, M & B Dairy. Dale McClellan in the 1985-86 school year supplied 210 cases of half-pint milk cartons per day at a gross profit of less than one cent per carton. M & B Dairy went out of business in 1988. Pet, Inc., Southland Corporation, Borden, Inc. and Land-O-Sun Dairies, Inc., defendants in the federal court case (each convicted and fined several million dollars, sold tens of millions of dollars worth of milk to schools and federal government installations. Dale McClellan's involvement, in comparison, was very minor. Section 287.133(e)(e)3.e., Florida Statutes, establishes disassociation from other persons or affiliates convicted of public entity crimes as a mitigating factor in determining whether to place a person or entity on the convicted vendor list. Dale McClellan has not associated with any person convicted of a public entity crime. Section 287.133(3)(e)e.g., Florida Statutes, establishes self policing by the person to prevent public entity crimes as a mitigating factor in determining whether to place a person or entity on the convicted vendor list. M & B Products, Inc. has instituted policies that prohibit any employee from discussing, even casually, the bidding on or bidding strategies concerning school requirements contracts. In addition, Dale McClellan has resigned as an officer in M & B Products, Inc. Section 287.133(3)(e)e.j., Florida Statutes, states that the need of public entities for additional competition in the procurement of goods and services in their respective markets is a mitigating factor in determining whether to place a person on the convicted vendor list. Since the conclusion of the State and Federal investigation, many suppliers and distributors have discontinued business and there is a great need for competition in this area. M & B Products, Inc. is a significant factor in providing such competition and has helped lower prices in the areas where it supplies his product. Section 287.133(3)(e)3.e., Florida Statutes, establishes good citizenship as a mitigating factor, in determining whether to place a person on the convicted vendor list. In May 1991, Dale McClellan received a Certificate of Recognition from the Hillsborough County Sheriff's Office for his support of law enforcement and crime prevention. Dale McClellan has assisted persons addicted to alcohol by helping through a church sponsored Alcoholics Anonymous program, and helped found "301 House," an AA program in East Hillsborough County. He is still active in helping and counselling alcoholics.
The Issue The issue presented here concerns the question of the entitlement of Petitioner to be granted certification as a law enforcement officer under the provisions of Section 943.13, Florida Statutes, and Chapter 11B-16, Florida Administrative Code. In particular, the matter to be determined deals with the propriety of the denial of certification in the face of an arrest and conviction of Petitioner for a felony offense, which allegedly would cause the Petitioner to be rejected as an applicant for certification. The denial of licensure is purportedly in keeping with the dictates of Subsection 943.13(4), Florida Statutes.
Findings Of Fact Petitioner had made application to be certified as a law enforcement officer in the State of Florida, in keeping with the terms and conditions of Subsection 943.13, Florida Statutes. See Respondent's Exhibit No. 1, admitted into evidence. Petitioner has completed all administrative requirements for such licensure; however, he has been denied licensure based upon his arrest, a finding of guilt and judgment and sentence related to a charge of conspiracy to transport a stolen vehicle in Interstate Commerce and Foreign Commerce from New York, New York, to Miami, Florida, and from Miami, Florida, to Havana, Cuba, knowing that the motor vehicle had been stolen. This offense related to Title XVIII, Sections 2312 and 2371, U.S.C., in an action in the United States District Court for the Southern District of Florida, Case No. 8519-M-CR. For these matters the Petitioner was imprisoned for a period of two (2) years on two (2) counts of the indictment, Counts 3 and 6. The sentence in those counts was to run concurrently. See Respondent's Exhibit No. 2, admitted into evidence. Petitioner has had his civil rights restored in the State of Florida, together with his rights to own, possess and use a firearm. Federal firearms disability arising from the felony conviction have also been set aside. See Petitioner's Exhibit Nos. 1 through 3, respectively, admitted into evidence.
The Issue Whether the Agency for Persons with Disabilities abused its discretion when denying Petitioner’s request for exemption from being disqualified to work in a position of special trust.
Findings Of Fact Disqualifying Offenses As noted above, the Department of Children and Families, by correspondence dated July 5, 2018, informed Petitioner that his background check revealed two disqualifying offenses. The first offense is described by the Department as “04/25/2014 PINELLAS PARK POLICE DEPARTMENT, LARCENY,” and the second is described as “08/30/2005 ST. PETERSBURG POLICE DEPARTMENT, BATTERY DOM-VIOL.” As an initial matter, the August 2005 offense does not disqualify Petitioner from working in a position of special trust. Specifically, on August 30, 2005, Petitioner was arrested, and charged with misdemeanor battery in violation of section 784.03, Florida Statutes (2005), which is a disqualifying offense. Petitioner’s arrest occurred as a result of a physical altercation with his brother, who was a minor when the alleged offense occurred. According to the case summary sheet (Resp. Ex. 2, p. 99), on April 13, 2006, the charge was reduced to the “lesser included misdemeanor [of] disorderly conduct,” to which Petitioner entered a plea of nolo contendere. On or about May 17, 2006, Petitioner was “adjudicated guilty” of disorderly conduct in violation of section 509.143, Florida Statutes (2005). A violation of section 509.143 is not a disqualifying offense under any of the controlling statutes. On April 25, 2014, Petitioner was arrested and charged with violating section 812.014(2)(c)1., Florida Statutes (2013). This section provides, in part, that “[i]t is grand theft of the third degree and a felony of the third degree … if the property stolen is … [v]alued at $300 or more, but less than $5,000.” On May 28, 2014, Petitioner was found guilty of the offense as charged (adjudication of guilty withheld), and ordered to serve 18 months of probation which included restitution of $75.00 to the victim. According to Petitioner, this offense occurred when he stole cellphones from a Metro PCS store. Non-disqualifying Offenses On August 20, 2018, Petitioner was cited for multiple traffic violations. According to the arrest affidavit, the following events occurred: A stop was initiated on the Defendant’s vehicle for failure to stop at a steady red signal. Upon initiating a stop utilizing emergency lights and sirens, the defendant failed to stop for the emergency vehicle. He continued 3 blocks to the Choice gas station located at 3401 5th Ave., S. Upon making contact, Defendant was identified by FL DL and confirmed via David as being suspended on 8/13/2018 with notice provided on 8/9/2018 for failure to pay a traffic penalty. David also confirmed 4 prior DWLS/R convictions and previously listed as a habitual traffic offender. Petitioner was cited for felony “driving while license suspended or revoked, fleeing and eluding police officer, [and] possession of marijuana.” On October 9, 2018, the State Attorney administratively closed the “marijuana and fleeing” charges, and on October 11, 2018, reduced the felony “driving while license suspended or revoked” charge to a misdemeanor. On November 14, 2018, the Court (Judge Dittmer) accepted Petitioner’s guilty plea, and adjudicated him guilty of the misdemeanor offense of “driving while license suspended or revoked.” See Resp. Ex. 2, p. 253 and 255. While the charges referenced in the previous paragraph were pending, Petitioner, on October 6, 2018, was stopped by the police, and again cited for the felony offense of “driving while license suspended or revoked.” Unlike before, there was no reduction in this charge, and on November 14, 2018, Petitioner entered a plea to the charged offense, and was adjudicated guilty (Judge Quesada) of the third-degree felony of “Driving While License Revoked (Felony-Habitual).” See Resp. Ex. 2, p. 260-265. General Background Information Petitioner is enrolled as a student, and is working towards earning his associate of arts degree. Petitioner has a sporadic work history, and during the last few years has subsisted primarily on student loans. Petitioner testified that he regularly attends church. He is not involved in any community activities, nor has he received any special recognition or awards since his conviction for the disqualifying offense. From approximately October 2016 through June 2020, Petitioner worked at several institutional facilities that offer services to vulnerable adults. During this timeframe, Petitioner was investigated five times for possible mistreatment of vulnerable individuals, with each investigation dismissed as unsubstantiated.1
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent, Agency for Persons with Disabilities, enter a final order denying Petitioner’s request for exemption. DONE AND ENTERED this 22nd day of April, 2021, in Tallahassee, Leon County, Florida. S LINZIE F. BOGAN Administrative Law Judge 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 22nd day of April, 2021. COPIES FURNISHED: Clifford Pennywell Apartment B3 5295 59th Circle West Kenneth City, Florida 33709 Trevor S. Suter, Esquire Agency for Persons With Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Francis Carbone, General Counsel Agency for Persons With Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 Radhika Puri, Esquire Agency for Persons with Disabilities 4030 Esplanade Way, Suite 309 Tallahassee, Florida 32399 Danielle Thompson Senior Attorney/Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 309 Tallahassee, Florida 32399-0950 Barbara Palmer, Director Agency for Persons With Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950
The Issue Whether the Respondent committed the offense alleged in the Administrative Complaint dated March 9, 2001, and, if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Commission is the state agency responsible for certifying and revoking the certification of law enforcement officers in Florida. See §§ 943.12(3) and 943.1395, Fla. Stat. (2004). Mr. Rendon is a Florida-certified law enforcement and corrections officer. Mr. Rendon's first contact with Sheila Smith and Kimberly Ann Sturtz, Mrs. Smith's daughter, was in November 1998, when Ms. Sturtz called the police after an argument with her mother. At all times material to this proceeding, Ms. Sturtz was a child under 16 years of age. In December 1998, Mr. Rendon was dispatched to the Smith residence when Mrs. Smith called the police as a result of a fight with her son, Travis Caley. Mr. Rendon arrested Travis on December 2, 1998, and Travis was subsequently placed in a foster home. Mr. Rendon developed an interest in Travis and the Smith family, and he periodically contacted a representative of the Florida Department of Children and Family Services to check on Travis's situation. Mr. Rendon also talked to Travis on the telephone. Mr. Rendon often telephoned Mrs. Smith or went to the Smith residence to give her news about Travis, and Mrs. Smith often telephoned Mr. Rendon. Mr. Rendon had Mrs. Smith's and Kimberly's cell phone and pager numbers, and he used a code when he paged them, so they would know to call him back. He frequently paged Kimberly during the day. Mr. Rendon visited the Smith residence several times when Mr. and Mrs. Smith were home. He also stopped at the Smith residence when Mr. and Mrs. Smith were not at home and Ms. Sturtz was at the residence alone or with a friend named Alicia Cox, who lived across the street from the Smith residence. During these visits, Ms. Sturtz and Mr. Rendon talked but generally stayed outside the house, on the porch or in the yard. Mr. Rendon's visits to the Smith residence were not as frequent between February and April 1999, during the time Mr. Rendon was assigned to patrol an area of Lake County that was a considerable distance from the Smith's residence. His visits increased after April 1999, when he was assigned to patrol an area that included the Smith's residence. During this time, he often visited Ms. Sturtz when her parents were not at home. On May 27, 1999, Mr. Rendon stopped at the Smith's residence at a time when Ms. Sturtz was alone. Mr. Rendon and Ms. Sturtz sat on the porch for a while, talking. During this conversation, Ms. Sturtz told Mr. Rendon that she had a "crush" on him. Ms. Sturtz and Mr. Rendon subsequently entered the house, where Mr. Rendon asked Ms. Sturtz what she would do if he kissed her; Ms. Sturtz told him that she would probably kiss him back. Ms. Sturtz's back was against the wall inside the door, and Mr. Rendon held Ms. Sturtz's hands over her head; he kissed her; asked her to stick out her tongue so that he could suck on it; ran his hands down the sides of her body, grazing the sides of her breasts; lifted her skirt; licked and kissed the area around her navel; and stuck his tongue in her navel. Ms. Sturtz became frightened and asked Mr. Rendon to stop, which Mr. Rendon did. Ms. Sturtz observed that Mr. Rendon appeared to be sexually aroused during the incident and had a wet spot on the front of his trousers. Ms. Sturtz was 14 years old at the time of this incident. Mr. Rendon was arrested on June 9, 1999, for lewd and lascivious conduct with a child under 16 years of age. On or about October 13, 2000, Mr. Rendon entered a plea of nolo contendere to two charges of misdemeanor battery, defined in Section 784.03, in the Circuit Court of the Fifth Circuit in Lake County, Florida. These charges were based on the incident involving Ms. Sturtz that took place at the Smith residence on May 27, 1999. A judgment was entered adjudicating Mr. Rendon guilty of these crimes. The evidence presented by the Commission is sufficient to establish that Mr. Rendon failed to maintain good moral character. He touched Ms. Sturtz in a lewd and lascivious manner on May 27, 1999, and his actions also constituted misdemeanor battery.2
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 finding that David Rendon failed to maintain good moral character, as required by Section 943.13(7), Florida Statutes (1999), and that his certification as a law enforcement officer should be revoked. DONE AND ENTERED this 30th day of June, 2005, in Tallahassee, Leon County, Florida. S PATRICIA M. HART 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 30th day of June, 2005.
