STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EDWARD J. REYNOLDS, )

)

Petitioner, )

)

vs. ) CASE NO. 78-729S

)

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: Edward J. Reynolds, who appeared on his own behalf; and Gerald Curington, Tallahassee, Florida, who appeared on behalf of the Respondent, Division of Licensing.

The Petitioner has filed an application for issuance of an unarmed guard license, and an application for a statewide gun permit. The Respondent has denied the application, and the Petitioner has requested a hearing. In accordance with the provisions of 120.57(1)(b)(3) Florida Statutes, 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. During the past two years the Petitioner has twice been convicted of the crimes Intoxication and Resisting Arrest. On each occasion he pled guilty and was fined. These two convictions are the only blemishes on the Petitioner's record, other than a Driving While Intoxicated arrest in the 1960's.

   
   

2. The Petitioner's wife died approximately three years ago, and it appears that he had some difficulty adjusting to his loss. The Petitioner has been working now for several months as a guard for the Wackenhut Corporation, and has performed admirably. He has received excellent evaluations from his employer.

   
   

3. The Petitioner is in all other respects qualified for licensure as an unarmed guard. The fact that the convictions for Intoxication and Resisting Arrest are fairly recent would weigh very strongly against issuance of a gun permit.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Petitioner meets the qualifications for an unarmed guard license set out in Florida Statutes Chapter 493. In view of the relatively recent

convictions for Intoxication and Resisting Arrest, the statewide gun permit application should be denied.

RECOMMENDED ORDER

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

RECOMMENDED:

1. That the Petitioner's application for an unarmed guard license be granted, and that a permanent license be issued to the Petitioner.

   
   

2. That the Petitioner's application for a statewide gun permit be denied.

RECOMMENDED 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. Edward J. Reynolds

10903 South West 88th St., #216

Miami, Florida 33176

Gerald Curington, Esquire General Counsel Department of State

The Capitol

Tallahassee, Florida 32304

Mr. Marvin Sirotowitz Bureau Chief

Division of Licensing The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000729

Orders for Case No: 78-000729