STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SUSAN JONES, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1702S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice in Suite 170, 401 N. W. 2nd Avenue, Miami, Florida, on November 16, 1978, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This case was presented on the denial of the Petitioner's application for licensure as an employee-guard by the Division of Licensing on the basis that the applicant had failed to report her arrest and conviction of assault and battery, contrary to provisions of Section 493.14(1)(a), Florida Statutes.

APPEARANCES

For Petitioner: Susan Jones, pro se

2601 South West 9th Street Ft. Lauderdale, Florida 33312

For Respondent: Gerald Curington, Esquire

Division of Licensing, The Capitol Tallahassee, Florida 32304

ISSUES

Whether the applicant falsified her application for licensure as an employee-guard by failing to report her arrest and conviction of assault and battery contrary to provisions of Section 493.14(1)(a), Florida Statutes.

FINDINGS OF FACT

1. Susan Jones is an applicant for licensure as an employee-guard.

   
   

2. On her application, Jones responded to question 13 on the application regarding whether she had ever been arrested, in the negative. She had been arrested in 1973 for assault and battery. She was subsequently convicted of assault and battery and fined Fifty ($50) Dollars.

   
   

3. Jones has been employed since 1978 as a security agent, checking carry- on baggage at the Ft. Lauderdale airports. She is employed by Lincoln Associates. Subsequent to her employment it became necessary for her to obtain licensure as an employee-guard. Her apparent motivation in not revealing her

   earlier arrest for assault and battery was its adverse affect on her continued employment in the position which she had held for some time and the fact that she had been told by friends that she did not have to report misdemeanors which had occurred over five years prior to her application.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 493.14(1)(a) provides that the Department may deny licensure as an employee-guard where an applicant fraudulently or wilfully misrepresents material contained in the application. The facts in this case reveal that the applicant failed to reveal her arrest and conviction for assault and battery. The provisions of Section 493.14(1) are discretionary upon the Department and the facts in this case reveal that although the applicant is technically in violation of the provisions of the statutes, the offense for which she was arrested and convicted was a misdemeanor and her explanation of the events surrounding it indicated that it was of a minor nature. Her application reveals that she is presently working in two jobs, one as a Patient Care Aide II at Community Hospital and the other as a security agent with Lincoln Associates. Her record has no adverse information in it since the conviction for assault and battery in 1973.

RECOMMENDATION

Based upon the foregoing findings of fact, conclusions of law, and facts in mitigation, the Hearing Officer recommends that the licensure of Susan Jones as an employee-guard be issued by the Division of Licensing.

DONE and ORDERED this 28th day of November, 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 28th day of November, 1978.

COPIES FURNISHED:

Susan Jones

2601 South West 9th Street Ft. Lauderdale, Florida 33312

Gerald Curington, Esquire Secretary of State's Office Division of Licensing

The Capitol

Tallahassee, Florida 32304

Marvin Sirotowitz, Bureau Chief Division of Licensing

The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-001702

Orders for Case No: 78-001702