STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SERGIO TORRENTE, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1645S

) SECRETARY OF STATE, DIVISION OF ) LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on September 26, 1980, in Miami, Florida.

The Petitioner, Sergio Torrente, represented himself, and W. J. Gladwin, Jr., Esquire, Tallahassee, Florida, appeared on behalf of the Respondent, Secretary of State, Division of Licensing. Jack Alonzo acted as interpreter for the Petitioner.

Petitioner applied for licensure as both a Class "F" Unarmed Security Guard and a Class "G" Armed Security Guard. Respondent denied petitioner's application, basing its denial upon Petitioner's failure to meet character qualifications, fraud or willful misrepresentation in application for or in obtaining a license, and conduct against the interest of the general public.

Petitioner testified on his own behalf, and Respondent introduced into evidence a copy of a report of the Florida Department of Law Enforcement.

During the course of the hearing, the parties entered into a stipulation whereby Petitioner withdrew his application for a Class "G" Armed Security Guard License. The issue remaining for determination is whether Petitioner's application for an Unarmed Security Guard License should be approved.

FINDINGS OF FACT

1. Question numbered 13 of Respondent's application for licensure form roads as follows: "Have you ever been arrested[?] If yes, list any and all arrests and dispositions. This may or may not be grounds for denial. Attach separate sheets, if additional space is required." Petitioner did not answer this question.

   
   

2. Petitioner was arrested in 1962 on a charge of "Peeping Tom - Window." In 1978, he was arrested for carrying a concealed firearm and for firing a firearm into an occupied dwelling. Adjudication was withheld on the 1978 charges, and Petitioner was Placed on three years probation. On April 21, 1980, Petitioner's probation was changed to non-reporting status, and his probationary period is scheduled to terminate on June 26, 1981.

3. Petitioner's application for licensure was filed with the Respondent on June 12, 1980, and his application was denied on July 29, 1980.

   
   

   CONCLUSIONS OF LAW

   
   

4. By virtue of Sections 493.08 and 493.14, Florida Statutes (1979), Respondent is authorized to deny an application for licensure if it determines that an applicant has failed to meet character qualifications, has committed fraud or willful misrepresentation in his application for or in obtaining a license, or if he is guilty of conduct against the interest of the general public. However, it is unnecessary for the proper disposition of this cause to determine the merits of the denial by Respondent of Petitioner's application for licensure.

   
   

5. Section 120.60(2), Florida Statutes (1979), provides, in part, as follows:

   
   

   Within 30 days after receipt of an application for a license, the agency shall examine the application, notify the applicant of any apparent errors or omissions, and request any additional information the agency is permitted by law to require. Failure to correct an error or omission or to supply additional information shall not be grounds for denial of the license unless the agency timely notified the applicant within this 30-day period.

   
   

6. Clearly, the three bases recited in Respondent's denial of Petitioner's application for licensure arise from the information omitted by Petitioner's failure to answer, affirmatively or negatively, question numbered 13 of the application form regarding his history of arrests. No evidence was presented by Respondent to show the inapplicability of Section 120.60(2) to the case at bar or to show the basis for the denial of licensure other than the information requested by question numbered 13. The only position taken by Respondent at the hearing in this cause was that Petitioner failed to answer that question. In other words, there was no showing by the Respondent that Petitioner failed to meet character qualifications, committed fraud or willful misrepresentation in his application for or in obtaining a license, or that Petitioner is guilty of conduct against the interest of the general public. The only evidence presented by either party was that Petitioner failed to answer a question regarding his arrests and that Respondent failed to carry out its statutory responsibility to request from the applicant the omitted information within thirty days after receipt of the application.

   
   

7. Accordingly, Respondent has failed to demonstrate a proper denial of Petitioner's application in response to Petitioner's affirmative showing of entitlement to licensure in accordance with the general licensing requirements of Chapter 120, Florida Statutes (1979), and the specific requirements of Chapter 493, Florida Statutes (1979).

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is, therefore,

RECOMMENDED THAT:

A final order be entered approving Petitioner's application for licensure as an unarmed security guard.

RECOMMENDED this 7th day of January, 1981, in Tallahassee, Florida.

LINDA M. RIGOT

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 7th day of January, 1981.

COPIES FURNISHED:

Mr. Sergio Torrente

219 South West Seventh Avenue, Apt. 2 Miami, Florida 33130

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

The Capitol

Tallahassee, Florida 32301

The Honorable George Firestone Secretary of State

The Capitol

Tallahassee, Florida 32301

Docket for Case No: 80-001645

Orders for Case No: 80-001645