STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROY L. TRUITT, SR., )

)

Petitioner, )

)

vs. ) CASE NO. 79-284S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on March 16, 1979, in Miami, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of administrative Hearings. This case was presented upon the Petitioner's application for a formal hearing on his denial for application for licensure as an unarmed (Class F) and armed (Class G) guard license because of the Petitioner's alleged violation of Section 493.08, Florida Statutes, in that he failed to reveal a record of arrest.

The issue presented is whether the Petitioner submitted his application in violation of section 493.08, Florida Statutes.

APPEARANCES

For Petitioner: Roy L. Truitt, St., pro se

129 Northwest 60th Court Miami, Florida 33126

For Respondent: Gerald B. Curington, Esquire

Department of State The Capitol

Tallahassee, Florida 32304 FINDINGS OF FACT

1. Roy L. Truitt, Sr., filed an application for an unarmed (Class F) and armed (Class G) guard license with the Division of Licensing, Department of State. Said application was received as Exhibit Number 1.

   
   

2. In response to Question 13 on the application, "Have you ever been arrested?" the applicant checked the block, "No".

   
   

3. Truitt testified to a number of arrests in Pennsylvania and one conviction in that state for assault. His conviction was apparently for a misdemeanor. Truitt further testified that he was arrested for assault in 1975, in Hialeah, Florida. Truitt was apparently convicted for this offense and paid a fine of $100.

   CONCLUSIONS OF LAW

   
   

4. Section 493.08(2), Florida Statutes, provides that the grounds for denial of a license shall be in part falsifying application for license. It is clear from the testimony received that Truitt failed to answer Question 13 truthfully.

   
   

5. Truitt's application was made in June of 1978, and since that time he has worked as an unarmed guard. At the time of his application he was employed by Jones Boatyard and subsequently worked for the Jockey Club in Hialeah. His is presently employed as the midnight shift guard at the Jade Gardens Condominium, 8300 SW 65th Avenue, Miami, Florida. Truitt apparently cooperated fully in an interview conducted with the Department's investigator, Randy Barth, clarifying several questions concerning his record of arrest. Barth did not have knowledge of and did not question Truit regarding his 1975 arrest for assault in the State of Florida. His arrest record in Pennsylvania reflects several arrests for assault and battery which appear to have arisen out of his domestic situation. He is now divorced and lives alone in Miami, Florida. Truitt stated in regard to his arrest and conviction for assault in 1975, in Florida, that he was attempting to help a police officer, who testified in his behalf at his trial.

   
   

6. In considering his case, Truitt's record of assaults and his effort to conceal these arrests must be balanced against his clean record since 1975, and his honesty and cooperativeness in clarifying his arrest record at the hearing.

   
   

   RECOMMENDATION

   
   

7. Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer would recommend that Truitt's application for an unarmed (Class

F) guard license be granted, but that his application for an armed (Class G) guard license be denied.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 2nd day of April, 1979.

STEPHEN F. DEAN

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 2nd day of April, 1979

COPIES FURNISHED:

Roy L. Truitt, Sr.

129 NW 60th Court Miami, Florida 33126

Gerald B. Curington, Esquire Department of State

The Capitol

Tallahassee, Flordia 32304

Docket for Case No: 79-000284

Orders for Case No: 79-000284