STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GENERAL C. FOREMAN, )

)

Petitioner, )

)

vs. ) CASE NO. 82-3085S

) DEPARTMENT OF STATE, DIVISION OF ) LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell, held a public hearing in this case on November 30, 1982, in Miami, Florida.

APPEARANCES

For Petitioner: Bruce L. Glaskin, Esquire

4601 Sheridan Street

Hollywood, Florida 33021

For Respondent: Stephen Nall, Esquire

Office of the General Counsel Department of State

The Capitol

Tallahassee, Florida 32301 ISSUE

Whether Petitioner's application for Class "D" and "G", unarmed/armed security guard licenses, respectively, should be approved.

FINDINGS OF FACT

Based on the documentary evidence received, the demeanor of the witnesses while testifying and the entire record compiled herein, the following relevant facts are found.

1. By letter dated October 18, 1982, Mr. General G. Foreman, Petitioner herein, was advised that his application for Class "D" and "G" unarmed/armed security guard licenses had been denied based on "fraud or willful misrepresentation in application for or in obtaining a license." Chapter 493.319(1)(a), Florida Statutes. Petitioner timely applied for a formal administrative hearing pursuant to Chapter 120.57(1), Florida Statutes, concerning the denial of his application for Class "D" and "G" unarmed/armed security guard licenses by the Division of Licensing. 1/

2. Documentary evidence herein reveals that the Petitioner has been arrested ten times during the period April, 1950 through May, 1982.

   
   

3. On Petitioner's application filed during approximately July, 1982, he listed two arrests during the period March, 1955 through approximately November, 1970. Petitioner listed (on the subject application) a trespassing charge which occurred during April, 1950, the outcome of which resulted in a conviction, and during November, 1969 or 1970, a rape charge which was "thrown out, dismissed."

   
   

4. In the processing of applications for guard licenses, the Respondent conducts background investigations through fingerprint checks with the Federal Bureau of Investigation, the Florida Department of Law Enforcement and other local law enforcement agencies. The Respondent reviewed a "rap" sheet from the Florida Department of Law Enforcement (FDLE) and based on a consideration of the ten (10) occasions which the Petitioner had been arrested, an administrative determination was made that the Petitioner failed to fully disclose arrests.

   For that reason, Petitioner's application for the above-referred guard licenses was denied. (Testimony of Debbie Richards, Respondent's guard license application investigator).

   
   

5. The Petitioner listed the tow charges which "bears" on his mind and the other arrests were not listed since they had no "bearing on his mind." Petitioner contends that he made no effort to "hide" anything. Further, Petitioner related that he, to this date, is unable to recall, with any specificity, the exact number of times that he has been arrested.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties to this action. Chapter 120.57(1), Florida Statutes.

   
   

7. The parties were duly noticed pursuant to the notice provisions of Chapter 120, Florida Statutes.

   
   

8. The authority of the Respondent is derived from Chapter 493, Florida Statutes.

   
   

9. Petitioner, as an "A" class licensee, is subject to the disciplinary guides of Chapter 493, Florida Statutes (1981).

   
   

10. Competent and substantial evidence was offered to establish that the Respondent failed to fully disclose the exact number of times that he had been arrested in violation of Section 493.319(a), Florida Statutes. (Supp 1980). Petitioner having failed to fully disclose his arrest record, Respondent is authorized to deny Petitioner's guard license application. Section 493.319(2)(a), F.S. (Supp. 1980).

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent, Department of State, Division of Licensing, enter a Final Order denying Petitioner's application for statewide Class "D" and "G" security guard licenses. 2/

RECOMMENDED this 3rd day of February, 1983, in Tallahassee, Florida.

JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 3rd day of February, 1983.

ENDNOTES

1/ Petitioner is the holder of a Class "A", private investigative agency license.

2/ Nothing herein is to be construed as a decision to prevent the Petitioner from reapplying, and being fairly considered, for unarmed/armed Class "D" and "G" security guard licenses upon disclosing fully the arrests inquired about on the security guard licenses application.

COPIES FURNISHED:

Bruce L. Glaskin, Esquire 4601 Sheridan Street

Hollywood, Florida 33021

Stephen Nall, esquire

Office of the General Counsel Department of State

The Capitol

Tallahassee, Florida 32301

Donald Hazelton Director

Division of Licensing Department of State The Capitol

Tallahassee, Florida 32301

Honorable George Firestone Secretary of State Department of State

The Capitol

Tallahassee, Florida 32301

Docket for Case No: 82-003085

Orders for Case No: 82-003085