STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

THOMAS R. ENRIGHT, )

)

Petitioner, )

)

vs. ) CASE NO. 78-854S

)

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: Thomas R. Enright, who appeared on his 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 by notice dated May 16, 1978.

FINDINGS OF FACT

1. Question 13 on the application for unarmed guard license requests that an applicant list any and all arrests and dispositions thereof. The Petitioner responded to this inquiry by indicating that he had been arrested once in 1972 for being drunk, and that he was released. At the hearing it was established that the Petitioner has been arrested more than 100 times on charges of drunkenness, disorderly conduct, and breaking and entering.

   
   

2. The Petitioner is a reformed alcoholic. He has had no difficulties with the law since approximately 1972, and he has totally abstained from alcoholic beverages for more than three years. The Petitioner now works closely with a religious group, and he has been awarded custody of his children from a previous marriage. It is apparent the Petitioner has reformed himself, and he is capable of working as an unarmed guard.

   
   

3. The Petitioner's failure to reveal the extent of his law enforcement record did not result from a desire to falsify his application, or to fraudulently obtain a license, but rather from his desire to put his past behind him. His failure to fully answer the inquiry is not totally justified, but in view of the outstanding efforts that the Petitioner has made to rehabilitate himself, and the fact that he has worked effectively as an unarmed guard under a temporary permit for some months, the failure is not of overriding importance.

   CONCLUSIONS OF LAW

   
   

4. The Petitioner meets the qualifications for an unarmed guard license set out in Florida Statutes Chapter 493. The Petitioner's failure to fully reveal his law enforcement record does not constitute fraud or willful misrepresentation under the facts of this case.

RECOMMENDED ORDER

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

RECOMMENDED:

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

RECOMMENDED this 27th day of July, 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 27th day of July, 1978.

COPIES FURNISHED:

Mr. Thomas R. Enright

433 Druid Street Jacksonville, Florida 32205

Mr. Marvin Sirotowitz Bureau Chief

Division of Licensing The Capitol

Tallahassee, Florida 32304

Gerald Curington, Esquire Department of State

The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000854

Orders for Case No: 78-000854