STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLES WILLIAM CRAMER, )

)

Petitioner, )

)

vs. ) CASE NO. 79-2392S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on February 6, 1980, in Orlando, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose on the denial by the Department of State of the application by Cramer for a Class "F" license as an unarmed security guard because of failure to meet character qualifications.

APPEARANCES

For Petitioner: Charles William Cramer, pro se

2424 West 33rd Street Orlando, Florida 32805

For Respondent: W. J. Gladwin, Jr., Esquire

Assistant General Counsel Department of State

The Capitol

Tallahassee, Florida 32301 ISSUES

Prior to commencement of the hearing, the parties stipulated that:

1. Cramer filed an application (Exhibit 1) for licensure as a Class "F" unarmed security guard;

   
   

2. Cramer's application was denied by the Department of State in its letter dated November 13, 1979 (Exhibit 2), because Cramer allegedly did not meet the character qualifications;

   
   

3. The charges listed in the letter of denial are true and accurate except for the first charge for April 10, 1978 (parole violation), which is in error; and

   
   

4. Except for the grounds stated for denial, Cramer is qualified for licensure.

FINDINGS OF FACT

1. Charles William Cramer applied for licensure as a Class "F" unarmed guard on March 27, 1979.

   
   

2. On September 10, 1979, the Department of State denied the license on the basis that Cramer lacked the required character qualifications. The Department of State cited Cramer's arrest for probation violation on April 11, 1978, and his arrest for obtaining property with worthless bank checks on August 2, 1979.

   
   

3. Cramer was found guilty of probation violation for failure to pay the cost of his probation. Cramer was placed on probation for turning in a false alarm. This offense did not appear on his arrest record.

   
   

4. Cramer entered a plea of nolo contendere to the offense of obtaining property by worthless bank check and was placed on probation for five years. Cramer stated that this arose out of his bank's failure to credit a deposit to his account and an error he had made in his bank book. Copies of the Order Withholding Adjudication were received as Exhibit 3.

   
   

   CONCLUSIONS OF LAW

   
   

5. The first matter to be addressed is Cramer's status at the time of hearing. Cramer first applied for licensure on March 27, 1979. Section 120.60(2), Florida Statutes, provides that applications shall be approved or denied within 90 days. The Department's notice of denial was dated September 10, 1979. Over five months lapsed from the date of application until the date of denial. Under the language of Section 120.60(2), Florida Statutes, the license would be deemed approved and shall issue. Cramer's status at the time of hearing is that of a licensee by operation of law.

   
   

6. The effect of licensure would generally require the Department to initiate a proceeding to revoke the license under Section 493.14, Florida Statutes. Character qualifications are not grounds for denial. See Section 493.14, Florida Statutes. The only act which would be grounds for denial would be the arrest for obtaining property by worthless bank check. The disposition of that case was a withholding of adjudication of guilt. Therefore, Cramer is not guilty of a felony under the laws of this state contrary to Section 493.14(1)(f), Florida Statutes.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the Department of State issue Charles W. Cramer a license as a Class "F" unarmed guard and, if it deems it appropriate, institute further proceedings to revoke said license.

DONE and ORDERED this 15th day of February, 1980, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State

The Capitol

Tallahassee, Florida 32301

Mr. Charles W. Cramer 2424 West 33rd Street Orlando, Florida 32805

Docket for Case No: 79-002392

Orders for Case No: 79-002392