CALVIN PHILLIPS, APPELLANT,
v.
DEPARTMENT OF JUVENILE JUSTICE, APPELLEE
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Calvin Phillips, an ex-professional football player with social work credentials, appealed an administrative order denying his request for an exemption from employment disqualification based on prior criminal charges. The court affirmed the Department of Juvenile Justice's denial, holding that the agency has discretion to grant or deny exemptions and that courts cannot substitute their judgment for the agency's discretionary decisions.
The court held that section 435.07(1), Florida Statutes grants the agency discretion to grant or deny exemptions from disqualification, and even if Phillips presented clear, convincing, and unrefuted evidence supporting an exemption, the agency was not obligated to grant it. Courts may not substitute their judgment for agency discretion on such matters.
[1] An agency has discretion to grant an exemption from disqualification from employment, even if the applicant presents clear, convincing, and unrefuted evidence qualifying…
[2] An appellate court may not substitute its judgment for that of an agency on an issue of discretion.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Section 435.07(1), Florida Statutes (1997), gives discretion to the agency to give individuals an exemption for the enumerated acts. It, thus, follows that even if Phillips' presentation constituted clear, convincing, and unrefuted evidence that he qualified for an exemption, the agency was not under any obligation to give him one.”
Establishes the core legal principle that the agency has absolute discretion to grant or deny exemptions regardless of evidence quality.
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Join FLexlaw to unlock all legal intelligencePhillips worked as a case manager at a mental health facility starting in 1992 and applied in 1997 for a Youth Program Coordinator position with the D…
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PER CURIAM.
Calvin Phillips appeals from a final administrative order denying his request for an exemption from his disqualification from employment. We affirm.
The appellant, Calvin Phillips, is an ex-professional football player who has a bachelor’s degree in social work and who began working at Parent-Child Center, Inc., a not-for-profit mental outpatient facility, as a case manager and co-group facilitator for adolescents in 1992. In 1997 he applied for the job of Youth Program Coordinator for the CHOICES Program, a position of special trust and responsibility that requires working with juveniles in the Department of Juvenile Justice. As part of the application process, he submitted to a FCIC/NCIC and DHSMV background check, which revealed that he had a charge of carrying a concealed weapon (3/6/89-arrest sealed); a charge of firing a weapon into an occupied dwelling (9/23/93-adjudication withheld), and a charge of domestic battery (9/23/93-adjudication withheld). §§ 39.001(2), 435.04, Fla. Stat. (1997).
Appellant requested an exemption from disqualification, pursuant to section 435.07, Florida Statutes (1997), which he supported with written explanation of the incidents, letters of recommendation from a variety of organizations and individuals, proof of training he had received, and a psychological evaluation. The various letters of recommendation agree that the appellant has changed and would be a benefit to the department. The letters state that the appellant is loyal, dependable, trustworthy, caring, concerned and is an individual who works to rehabilitate youth into productive members of society. The psychiatric evaluation states that in terms of violence and aggression, the appellant only had this one episode (domestic battery) in his life and that the appellant successfully completed his probation and anger management classes. The report also states that the appellant has a long-standing history of working with children and is well respected by his peers and colleagues.' The evaluation further states that there has been no other violent behavior. The Department presented no evidence. The agency denied the exemption.
Section 435.07(1), Florida Statutes (1997), gives discretion to the agency to give individuals an exemption for the enumerated acts. It, thus, follows that even if Phillips’ presentation constituted clear, convincing, and unrefuted evidence that he qualified for an exemption, the agency was not under any obligation to give him one. This court may not substitute its judgment for that of the agency on an issue of discretion. See Thomas v. Department of Juvenile Justice, 24 Fla. L. Weekly D932, 730 So. 2d 809 (Fla. 3d DCA 1999). Accordingly, under the facts of this case,1 we must affirm.
AFFIRMED.
GUNTHER and POLEN, JJ„ and WEINSTEIN, PETER M., Associate Judge, concur. . Although the final order sets forth no specific findings of fact in support of the decision, the evidence presented by Phillips was undisputed. As such, we do not believe reversal is required for specific findings.
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Heburn v. Dep't of Child. & Families, 772 So. 2d 561 (Fla. 1st DCA 2000)…w the transcript before modifying the hearing officer’s recommendation, because the evidence as to the severity of the offenses and the length of time that has elapsed is [*564] not subject to dispute. See Phillips v. Department of Juvenile Justice, 736 So. 2d 118, 119 n. 1 (Fla. 4th DCA 1999); compare Roberts v. Department of Corrections, 690 So. 2d 1383, 1384 (Fla. 1st DCA 1997)(whether penalty should be mitigated is a highly fact-specific consideration so that transcript must be reviewed before PERC can di…
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J.D. v. Fla. Dep't of Child. & Families, 114 So. 3d 1127 (Fla. 1st DCA 2013)…discretion to deny the exemption notwithstanding the showing of rehabilitation, but he or she must articulate the rationale for doing so in order to facilitate judicial review. See Heburn, 772 So. 2d at 563-64; Phillips v. Dep’t of Juvenile Justice, 736 So. 2d 118, 119 (Fla. 4th DCA 1999) (“[Ejven if Phillips’ presentation constituted clear, convincing, and un-refuted evidence that he qualified for an exemption, the agency was not under any obligation to give him one.”). The agency head’s preliminary decisio…
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