STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GUS B. PATTERSON, )

)

Petitioner, )

)

vs. ) CASE NO. 78-717S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on July 6, 1978 in Room 420, 6501 North West 36th Street, Miami, Florida by Stephen F. Dean, assigned Hearing Officer for the Division of Administrative Hearings. This case was presented on the application of Gus B. Patterson for a guard license in the State of Florida. This application was tentatively denied by the Division of Licensing, Department of State on the basis that the applicant lacked the general character and reputation for honesty, truthfulness, integrity, moral fitness, and fair dealing as required by the provisions of Section 493.07(1)(a), Florida Statutes.

APPEARANCES

For Petitioner: Arlyne Warshall, Esquire

Legal Services of Greater Miami, Inc. Post Office Box 47000N

Miami, Florida 33147

For Respondent: Gerald B. Curington, Esquire

Department of State, The Capitol Tallahassee, Florida 32304

FINDINGS OF FACT

1. Gus B. Patterson is an applicant for a guard license for which he has filed an application with the Division of Licensing, Department of State. On his application, Patterson reveals that he has been arrested several times for various offenses. Patterson also showed that he had been employed as an armed guard for Pat Lane from 1972 to 1974. During this period he had been promoted to a supervisor. He was subsequently employed by Bradley, and held that position for three years until a new licensing requirement was enacted. He thereafter applied and his application was denied.

   
   

2. The primary areas of concern to the Division of Licensing, Department of State were the allegations that Patterson had been arrested for breaking and entering in 1968. In 1975 Patterson was arrested for striking another car and sentenced to ten days for driving while intoxicated in lieu of paying $150 fine. He was also arrested and paid a fine for receiving stollen property, specifically an inspection certificate for his automobile which his daughter had obtained when she was suppose to get the car inspected.

3. Patterson explained that he had had a series of brushes with the law rising out of his marriage in New York State. This culminated in his pleading guilty to a reduced charge of assault and burglary in 1968.

   
   

4. In addition to the facts presented at the hearing, the Hearing Officer had an opportunity to observe and consider Mr. Patterson's testimony. Mr. Patterson is a mature black male who has a dry sense of humor and can, at this point in his life, laugh about the problems which he had with his ex-wife and the problems which this created for him. Since 1968, Patterson has obtained custody of one of his children from that marriage who resides with Patterson in his home in Miami. Patterson explained that he entered his plea of guilty because he had been in pretrial confinement for approximately one year and had used all of his money to pay an attorney from Georgia to represent him who the judge would not permit to appear in his behalf because he was not a member of the bar of New York.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Licensing, Department of State has denied Patterson's application for a license as a guard on the basis that he lacks the general character and reputation for honesty, truthfulness, integrity, moral fitness, and fair dealing required by the provisions of Section 493.07(1)(a), Florida Statutes.

   
   

6. The evidence produced in hearing indicated that Patterson had been arrested and convicted of burglary and assault in New York; however, this arose out of discord between Patterson and his wife. After Patterson came to Florida, he obtained employment as an armed guard and worked for two different security services in the Miami area. During the period of his employment Patterson was authorized and did carry a gun. There are no complaints against Patterson arising from his conduct while so employed. Therefore, although his past arrest record reflects adversely on his character, his work record after his arrest and conviction indicates that he can be trusted in such position.

RECOMMENDATION

Based on the findings of fact, conclusions of law and factors in mitigation, the Hearing Officer would recommend that the Division of Licensing, Department of State grant Gus B. Patterson a class F license as an unarmed watchman, guard or patrolman employee.

DONE AND ORDERED this 21st day of July 1978, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 21st day of July, 1978.

COPIES FURNISHED:

Arlyne Warshall, Esquire

Legal Services of Greater Miami, Inc. Post Office Box 47000N

Miami, Florida 33147

Gus B. Patterson

2500 North West 173rd Terrace Opa Locka, Florida

Gerald B. Curington, Esquire Department of State

The Capitol

Tallahassee, Florida 32304

Marvin Sirotowitz Bureau Chief

Division of Licensing The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000717

Orders for Case No: 78-000717