STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANTHONY E. DOWNEY, )

)

Petitioner, )

)

vs. ) CASE NO. 78-721S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on May 19, 1978, in Miami, Florida.

The following appearances were entered: Anthony E. Downey, who appeared on his own behalf; and Gerald Curington, Tallahassee, Florida, for the Respondent, Division of Licensing.

The Petitioner has filed an application to be licensed as employee guard under the provisions of Florida Statutes 493. The Respondent has denied the application, and the Petitioner has requested a hearing. In accordance with the provisions of 120.57(1)(b)(3), the Division of Licensing has requested that a Hearing Officer from the Division of Administrative Hearings be assigned to conduct the hearing. The final hearing was scheduled by notice dated May 2, 1978.

FINDINGS OF FACT

1. In January, 1967 the Petitioner was convicted of the felony Contributing to the Delinquency of a Minor in the Courts of the State of Florida. He was placed on probation for a period of five years. It does not appear that the Petitioner's civil rights have been restored to him.

   
   

2. Approximately five years ago the Petitioner was charged with assault. The charges were dropped. The Petitioner did not reflect this arrest on his application. It does not appear that the Petitioner deliberately falsified his application.

   
   

3. The Petitioner is, in all other respects, entitled to issuance of the license.

   
   

   CONCLUSIONS OF LAW

   
   

4. Florida Statutes 493.08(2)(a) provides that conviction of a felony where civil rights have not been restored constitutes grounds for denial of a license. It appears that the Petitioner is eligible to have his civil rights restored, and that they, in all probability, will be restored once he makes the proper application.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, RECOMMENDED:

That the Petitioner be permitted to continue his employment as a guard under the temporary license that he now holds for a period of sixty (60) days provided that within that period the Petitioner provides satisfactory evidence that his civil rights have been restored to him. Upon the presentation of satisfactory evidence that his civil rights have been restored, it is recommended that a permanent license be issued to the Petitioner.

DONE and ORDERED this 26 day of May, 1978, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26 day of May, 1978.

COPIES FURNISHED:

Mr. Anthony E. Downey Apt. #206

120 Royal Palm Drive

Hialeah Gardens, Florida 33016

Gerald Curington, Esquire General Counsel Department of State

Plaza Level

New Capitol Building Tallahassee, Florida 32304

Mr. A. E. Mauck Director of Security The Feick Corporation

9200 South Dadeland Blvd. Miami, Florida 33156

Mr. Marvin Sirotowitz Bureau Chief

Division of Licensing The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000721

Orders for Case No: 78-000721