06/06/1995
ADMINISTRATIVE HEARING
Taxi Permit Appeal - Raymond Huntley
June 6, 1995 - 3:30 p.m.
Present: Margaret Simmons, Finance Director,
Robert J. Surette, Esquire, Assistant City Attorney/Police Legal Advisor
Jill Divens, Police Records Supervisor
Patricia Sullivan, Board Reporter
Also Present: Raymond Huntley, Appellant
Appellant Exhibits: None.
City Exhibits: 1. Certified Copy of the judgement and sentence for the sale and
possession of cocaine and order of probation.
2. Certified Copy of City Ordinance 25.082 of current code dealing
with the application, fee and qualification for an applicant seeking
to obtain a taxicab operator’s permit.
Margaret Simmons, representing City Manager Elizabeth Deptula, opened the meeting
at 3:30 p.m. and explained the rules governing the procedures. She stated a ruling will be
issued within 10 days.
Mr. Huntley said four years ago, shortly before he began working as a cab driver, he
was an innocent bystander during a drug related incident. Two and half years later, he was
charged with the crime of supplying cocaine. He said he originally pled innocent but the Police
Officer lied at the jury trial. At a later court hearing, he accepted his Public Defender’s
suggestion, pled guilty to the sale and possession of cocaine and received one year’s
probation, which later was reduced to six months. Mr. Huntley said his attorney had assured
him his cab license would not be affected because adjudication would be withheld.
Mr. Huntley said he was unaware a problem existed until he applied for his permit and
was advised he is not eligible because of this incident. He said withholding adjudication
should mean there is nothing negative in his record after he completed his sentence. Had
adjudication automatically occurred, this problem would not exist. He did not know he would
have to pay the court $75 to have his record expunged.
Mr. Huntley said he now owns two taxi cabs and recently purchased a house. He said
he works 16 hours per day driving a taxi. He expressed concern he would lose his livelihood
based on a charge for which he was not guilty.
Mr. Surette submitted a certified copy of the judgement and sentence for the sale and
possession of cocaine. Mr. Huntley recognized the order of probation. Mr. Surette said the
paperwork indicates on November 30, 1993, the judge entered an order of probation for the
count of sale and possession of cocaine. The order indicates Mr. Huntley entered a plea of
guilty to that offense and the sentence was consistent with the guideline sheet based on his 73
points. Mr. Surette indicated Mr. Huntley’s probation was terminated in April 1994.
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Mr. Surette submitted a certified copy of City Ordinance 25.082. Mr. Huntley agreed he
was given a copy of the ordinance when he submitted his application. Mr. Surette questioned
if Mr. Huntley knew when he submitted his application that being on probation for a drug
offense within two years of application was grounds for denial. Mr. Huntley said he knew that
but his attorney had advised him he would not be affected. When he tried to renew his
license, Mr. Huntley included information on his application regarding the withholding of
adjudication and did not attempt to hide anything. He requested that his permit be approved
and expressed concerns he would lose his house and taxicabs. He said it was not his fault.
He needs to work.
Ms. Divens said Mr. Huntley did mention the withheld adjudication when he applied for
the renewal of his cab permit on February 1, 1995. She said applications are processed and
staff waits for criminal histories to come back to confirm specific charges. On the date of
application, Mr. Huntley was clear of wants and warrants. Staff issued him a temporary letter
permitting Mr. Huntley to drive a taxicab for 30 days until staff could determine if he qualified
for a permanent identification card. Ms. Divens said staff issued Mr. Huntley a temporary letter
permitting him to drive until February 6, 1996, in error.
Ms. Divens said staff noted Mr. Huntley’s probation when they received his criminal
history. The Permit Coordinator noted Mr. Huntley had one year probation with the
Department of Correction and had not been off probation for a full two years at the time of
application. The Permit Coordinator prepared a letter to Mr. Huntley for Ms. Divens’ signature
relating these facts. Mr. Huntley did not receive the letter because he had moved. The taxicab
company’s copy of the letter was not delivered but returned to the City. She stated this cause
for denial is included in the ordinance. She indicated Mr. Huntley’s attorney, Bill Leach, had
told her he was not aware of the City code when he advised Mr. Huntley that his plea would
not hurt him. Mr. Huntley stated he would have pleaded innocent had he known pleading
guilty would cause him future problems.
Ms. Simmons questioned the procedure to expunge a record. Ms. Divens said the
process through the Florida Department of Law Enforcement is lengthy. Mr. Surette said the
applicant has to satisfy specific criteria to qualify for an expungement. Afterwards, nothing
regarding the arrest would show up in the record. Ms. Divens estimated expungements take
six months.
Ms. Simmons said the ordinance is clear and noted Mr. Huntley has been on probation
within the past two years. She said it would be difficult to approve this request without
violating the ordinance. She wanted to be certain Mr. Huntley had every opportunity today to
present his case.
Mr. Huntley said he was willing to start the expungement procedure immediately if he
can have his permit. He reiterated the possibility of bankruptcy and losing his house if he
cannot work.
Ms. Divens indicated the taxicab company can dispatch drivers who cannot work within
the City to other locations. Without a permit, drivers cannot pickup passengers in Clearwater
although they can drop them off. Mr. Huntley said it was difficult to drop off a passenger in
Clearwater and be forced to drive outside the City before he could pick up another fare.
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Ms. Simmons indicated she would do what she could, however, she did not think she
had much latitude. Mr. Huntley said he does not do drugs and is always willing to share
information with the Police regarding fares to drug houses. He said he is a working guy and
without a permit, he will lose his livelihood.
Proceedings were concluded at 3:50 p.m. by Ms. Simmons.
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