STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

EUGENIA MAE JOHNSON )

)

Petitioner, )

)

vs. ) CASE NO. 78-759S

)

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 June 27, 1978, in Jacksonville, Florida.

The following appearances were entered: Eugenia Johnson, who appeared on her own behalf; and Gerald Curington, Tallahassee, Florida, who appeared on behalf of the Respondent, Division of Licensing.

The Petitioner filed an application for issuance of an unarmed guard license. The Respondent denied the application, and the Petitioner requested a hearing. The Division of Licensing requested that a hearing officer from the Division of Administrative Hearings be assigned to conduct the hearing. The final hearing was scheduled dated May 10, 1978.

FINDINGS OF FACT

In her application for issuance of an unarmed guard license, the Petitioner indicated that she had not been arrested. At the hearing it was established that the Petitioner was arrested in 1963 for disorderly conduct and fighting with a knife, convicted in 1967 of shoplifting, and convicted in 1975 of welfare fraud. The Petitioner is still making restitution on the welfare fraud charges.

At the time of the hearing the Petitioner was not working as a security guard. She stated that her reason for not placing her arrest record on the application was that in the past it had prevented her from obtaining employment.

CONCLUSIONS OF LAW

Section 493.08(2), Florida Statutes (1977) provides in pertinent part as follows:

Grounds for denial of license shall be:

1. Conviction of a felony in this or any other state where civil rights have not been restored;

2. Conviction of a crime involving moral turpitude or dishonest dealings;

* * *

(f) Falsifying application for license . . .

Section 493.14 further empowers the Division of Licensing to deny a license for any willful misrepresentation in the application, or because the applicant has been found guilty of the commission of a crime involving moral turpitude.

In the instant case it is concluded that the applicant deliberately falsified her license, and has recently been convicted of a crime involving moral turpitude. The application for license should therefore be denied.

RECOMMENDED ORDER

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

RECOMMENDED:

That a final order be entered denying the Petitioner's application for an unarmed guard license.

RECOMMENDED this 27th day of July, 1978, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings

101 Collins Building

Mail: 530 Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Ms. Eugenia Mae Johnson 4229 Moncrief Road, West Apt. #190

Jacksonville, Florida

Mr. Marvin Siritowitz Bureau Chief

Division of Licensing The Capitol

Tallahassee, Florida 32304

Gerald Curington, Esquire Department of State

Plaza Level New Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000759

Orders for Case No: 78-000759