Judges: STEPHEN F. DEAN
Agency: Department of State
Latest Update: Jun. 25, 1979
Summary: Applicant for guard license revealed three felony convictions on application. Applicant wasn't guilty of concealment and had to show good character by having rights restored.
79-0650.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MAX BOWER, )
)
Petitioner, )
)
vs. ) CASE NO. 79-650S
)
DIVISION OF LICENSING, )
)
Respondent. )
)
RECOMMENDED ORDER
This case was heard pursuant to notice in Miami, Florida, on June 8, 1979, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.
The question presented was whether the Petitioner's application for licensure as an unarmed guard should be denied on the grounds stated in the Division's letter of denial.
APPEARANCES
For Petitioner: W. J. Gladwin, Jr., Esquire
Assistant General Counsel Department of State, The Capitol Tallahassee, Florida 32301
For Respondent: Max Bower, pro se
10 South West 2nd Avenue Miami, Florida 33130
FINDINGS OF FACT
The parties stipulated ,that Max Bower had submitted an application for licensure as an unarmed guard to the Division of Licensing, and that Bower was qualified for licensure except for the grounds stated in the letter of denial dated March 9, 1979.
Max Bower has been convicted and sentenced on three occasions for commission of a felony under the laws of the State of Florida. Bower admitted his arrest, conviction, and having served time in the New Jersey Penitentiary and in the Dade County Jail. His last conviction was in New Jersey, where he was sentenced to five to seven years and was released in October, 1971. Since that time, Bower has not been arrested for any offenses.
Max Bower has pending at this time an application for restoration of his civil rights. Due to administrative delay, it will be several months before his application will be considered.
Bower is currently employed with International Patrol and works as an unarmed guard from 12:00 midnight until 8:00 a.m. in the Justice Building (County Court Building) in Miami, Dade County, Florida.
CONCLUSIONS OF LAW
Max Bower's application as an unarmed guard was denied by the Division of Licensing because he did not meet the criteria stated in Section 493.08 and Section 493.14, Florida Statutes. Bower's application, Exhibit 2, reflects that he revealed his arrest, conviction, and sentencing in Florida in 1962, and in New Jersey in 1967. By revealing this information it is clear that Bower did not willfully misrepresent his criminal record. Bower admitted in his application and at the hearing his conviction of a felony in the state of New Jersey. Such a crime involves moral turpitude and dishonest dealings and reflects adversely on the individual's qualifications. However, Bower has not been arrested since 1971, and is seeking to have his civil rights restored.
RECOMMENDATION
Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Division of Licensing grant Max Bower a license as an unarmed guard (Class "F") at such time that his civil rights are restored.
DONE and ORDERED this 11th day of June, 1979, in Tallahassee, Leon County, Florida.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 11th day of June, 1979.
COPIES FURNISHED:
W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State
The Capitol
Tallahassee, Florida 32301
Mr. Max Bower
10 South West 2nd Avenue Miami, Florida 33130
Docket for Case No: 79-000650
Orders for Case No: 79-000650
| Issue Date |
Document |
Summary |
|
Jun. 22, 1979 |
Agency Final Order
|
|
|
Jun. 11, 1979 |
Recommended Order
|
Applicant for guard license revealed three felony convictions on application. Applicant wasn't guilty of concealment and had to show good character by having rights restored.
|
