02-000999 Antonio Bellamy vs. Department Of Children And Family Services Status: Closed Recommended Order on Wednesday, June 26, 2002.

Summary: Evidence showed Petitioner rehabilitated since incarceration for sale of drugs six years ago.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANTONIO BELLAMY, )

)

Petitioner, )

)

vs. ) Case No. 02 - 0999

)

DEPARTMENT OF CHILDREN AND )

FAMILY SERVICES, )

)

Respondent. )

)

RECOMMENDED ORDER

This cause came on for formal hearing before Diane

Cleavinger, Administrative Law Judge with the Division of

Administrative Hearings, on May 10, 2002, in Panama City,

Florida.

APPEARANCES

For Petitioner: Antonio Bellamy, pro se

604 Hummingbird Str eet

Lynn Haven, Florida 32444

For Respondent: John R. Perry, Esquire

Department of Children and

Family Services

2639 North Monroe Street, Room 252 - A

Tallahassee, Florida 32399 - 2949

STATEMENT OF THE ISSUE

Whether Petitioner is entitl ed to an exemption from

disqualification.

PRELIMINARY STATEMENT

By letter dated January 31, 2001, Respondent, Department of

Children and Family Services, informed Petitioner, Antonio

Bellamy, that, after reviewing its records, it was denying

Petitioner's request for an exemption from disqualification.

Petitioner requested a formal hearing on Respondent's denial.

Petitioner's request was forwarded to the Division of

Administrative Hearings.

At the hearing, Petitioner testified in his own behalf and

off ered eight exhibits into evidence. The Department introduced

six exhibits into evidence, but did not call any witnesses to

testify.

After the hearing, Respondent filed a Proposed Recommended

Order on May 16, 2002. Petitioner did not submit a proposed

re commended order.

FINDINGS OF FACT

1. Petitioner, Anthony Bellamy, is the husband of, and

resides with, his wife, Helena Bellamy. Helena Bellamy applied

to Respondent, Department of Children and Family Services, for

registration of a family day care home in the couple's home in

Lynn Haven, Florida. In order for the family day care to be

registered with the Department, Mr. Bellamy must satisfy the

screening requirements set forth in Chapter 435, Florida

Statutes, because he is a member of Ms. Bellamy's fa mily.

2. In 1995, Mr. Bellamy was a full - time student in Chipola

Community College in Marianna, Florida. Mr. Bellamy, who was

born and raised in humble circumstances, met a group of

individuals who seemed to have all they needed without having to

work f or it. Mr. Bellamy started associating with this group

whose income, it turned out, was derived from the sale of

illegal drugs.

3. Mr. Bellamy, envious of the monied lifestyle of his

newfound associates, adopted their ways and started selling

marijuana and cocaine to his friends. Mr. Bellamy's favorite

place of business was a stand of trees on his father's property,

which is, coincidentally, near a public school in Cottondale,

Florida. However, Mr. Bellamy did not sell drugs to any of the

school childr en. Mr. Bellamy usually timed his sales to

coincide with the paydays of his customers so as to enhance his

sales. This usually occurred two or three times per month.

Mr. Bellamy did not use drugs himself.

4. On January 11, 16, and 25, and March 6 of 1996, an

undercover police officer made purchases of cocaine from

Mr. Bellamy. On the occasion of his arrest on March 6, 1996,

55 packets of marijuana and approximately 83 pieces of crack

cocaine were found with Mr. Bellamy.

5. Mr. Bellamy pled n olo contendere to four counts of sale

of cocaine within 1,000 feet of a school, one count each of

possession of cocaine with intent to sell within 1,000 feet of a

school, and possession of cannabis with intent to sell within

1,000 feet of a school. Mr. Be llamy was adjudicated guilty of

these offenses and sentenced to 22 months of jail time and 10

years of probation.

6. Mr. Bellamy is still on probation for these offenses.

He anticipates that he will remain on probation until 2005 or

2006.

7. Although Mr. Bellamy has not re - offended, he concedes

that the fear of re - incarceration if he violates his probation

is one factor in his recent good behavior. However, his main

reasons for no longer selling drugs is that his incarceration

taught him a lesson and that he did not wish to be that type of

person or live that type of life, especially since he has

married and had children. Incarceration, for Mr. Bellamy, was

an epiphany, not to be repeated again.

8. During his incarceration, Mr. Bellamy was placed on

trustee status and permitted to attend Chipola Community

College. He completed his degree in electrical engineering and

holds a state license for professional engineering.

Importantly, Mr. Bellamy passed the character evaluation to

become a licensed p rofessional engineer.

9. After getting out of prison, Mr. Bellamy worked for

Southern Bell as an electrical engineer. Southern Bell had full

knowledge of Mr. Bellamy's criminal history when it employed

him. He was and is considered a diligent and prod uctive

employee. Mr. Bellamy now has formed his own company and

performs electrical engineering services on a contract basis for

Southern Bell. Mr. Bellamy also works part - time at Tropical

Smoothie. He is entrusted to handle the money from that

business . In 1999, Mr. Bellamy married his wife. They now have

three children and he is very much a family man who wants to do

right by that family. He has the determination and enthusiasm

to succeed in his chosen work and life.

10. Mr. Bellamy is active in hi s church and counsels the

youth in that church to avoid drugs. He utilizes his experience

to emphasize his counseling. There was no evidence that

Mr. Bellamy was ever a danger to children or the disabled.

Mr. Bellamy has shown that he is not the same person who dealt

drugs and has changed his life for the better. He is entitled

to an exemption from disqualification.

CONCLUSIONS OF LAW

11. The Division of Administrative Hearings has

jurisdiction over the parties to and subject matter of this

pro ceeding. Section 120.57(1), Florida Statutes.

12. For the purposes of this proceeding, the term "child

care personnel" includes, inter alia , persons working in a child

care facility and persons over the age of 12 residing with a

child care facility opera tor if the facility is in or adjacent

to the operator's home and family members. Sections 402.301(3)

and 402.313, Florida Statutes.

13. Mrs. Bellamy operates a family day care home out of

the residence she shares with Mr. Bellamy. As a consequence,

Mr. Bellamy meets the definition of "child care personnel" set

forth in Chapter 402, Florida Statutes.

14. Child care personnel in family day care homes must

meet the same standards for good moral character as their

counterparts in licensed day care centers. See Sections

402.313(3) and 402.305(2)(a), Florida Statutes.

15. A person who has pled nolo contendere to certain

felony offenses set forth within Chapter 893, Florida Statutes,

may not work in a position of special trust with children under

the level tw o standards for good moral character set forth in

Section 435.04, Florida Statutes. See Section 435.04(3)(mm),

Florida Statutes.

16. A person who sells or possesses cocaine or marijuana

within 1,000 feet of a public school is guilty of a first - degree

fel ony. See Sections 893.03(2)(a)4., 893.13(1)(c)1.,

893.03(1)(c)7., and 893.13(1)(c)2., Florida Statutes. In this

case, Mr. Bellamy pled nolo contendere to six felony violations

of Chapter 893, Florida Statutes. As a consequence, he is

disqualified by ope ration of Section 435.04(3)(mm), Florida

Statutes, from occupying a position of special trust.

17. Section 435.07, Florida Statutes, authorizes the

Department to grant exemptions from disqualification in certain

cases.

18. The facts of this case establ ish that Mr. Bellamy is

not a danger to children and has rehabilitated himself.

Therefore, an exemption from disqualification should be granted.

RECOMMENDATION

Based on the foregoing Findings of Facts and Conclusions of

Law, it is

RECOMMENDED that the Department of Children and Family

Services enter a final order granting Petitioner Antonio Bellamy

an exemption from disqualification.

DONE AND ENTERED this 26th day of June, 2002, in

Tallahassee, Leon County, Florida.

___________________________________

DIANE CLEAVINGER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 26th day of June, 2002.

COPIES FURNISHED :

Antonio Bellamy

604 Hummingbird Street

Lynn Haven, Florida 32444

John R. Perry, Esquire

Department of Children and

Family Services

2639 North Monroe Street

Bui lding A, Suite 104

Tallahassee, Florida 32399 - 2949

Paul F. Flounlacker, Jr., Agency Clerk

Department of Children and

Family Services

1317 Winewood Boulevard

Building 2, Room 204B

Tallahassee, Florida 32399 - 0700

Josie Tomayo, General Counsel

Departmen t of Children and

Family Services

1317 Winewood Boulevard

Building 2, Room 204

Tallahassee, Florida 32399 - 0700

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommend ed Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the final order in this case.