STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

HARRY PAUL HETT, )

)

Petitioner, )

)

vs. ) CASE NO. 83-1970S

)

DEPARTMENT OF STATE, )

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on October 20, 1983, in St. Petersburg, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose from the denial by the Department of State, Division of Licensing of the Petitioner's application for licensure as an unarmed security guard (Class "D" licensure) because the Petitioner had been found guilty of an assault, battery, or use of force or violence on any person except in self-defense, and because Petitioner had willfully misrepresented facts on his application by failing to state all of his arrests.

APPEARANCES

For Petitioner: Harry Paul Hett, pro se

7317 Las Palmas Court Tampa, Florida 33614

For Respondent: Stephen Nall, Esquire

Office of General Counsel Department of State

The Capitol

Tallahassee, Florida 32301

ISSUE

The two issues in this case are whether the Petitioner had been convicted of an offense involving assault, battery, or force on a person except in self- defense, and whether he concealed this on his application.

FINDINGS OF FACT

1. The Petitioner, Harry Paul Hett, applied to the Department of State for licensure as an unarmed security guard. The Department denied Petitioner's application.

   
   

2. The parties stipulated that, except for the grounds stated by the Department in its letter of denial which are at issue, the Petitioner is qualified for licensure.

3. In 1977, Petitioner was arrested for rape. While awaiting trial, he entered a plea under the mentally disordered sex offender statute, was found guilty, and was sent to Florida State Hospital on August 29, 1977. Subsequently, he was released from Florida State Hospital upon a determination that he was competent. Because it was determined the Petitioner was not

   qualified as a mentally disordered sex offender and had been adjudicated guilty, on June 1, 1978, he was placed on 15 years probation. As part of his probation, Petitioner was ordered to continue outpatient care.

   
   

4. On February 6, 1981, an affidavit of probation violation was filed against the Petitioner. He was arrested on March 9, 1981, and charged with lewd and lascivious conduct (child molestation) and probation violation. On March 26, 1981, Petitioner pled guilty to probation violation and was sentenced to five years in Florida State prison with credit for time previously served.

   
   

5. The Petitioner was released early in 1983 and subsequently was employed as an unarmed security guard.

   
   

6. Petitioner's application revealed his arrest for lewd and lascivious conduct, which was dealt with by the court as part of the Petitioner's probation violation.

   
   

7. On September 25, 1981, while being held by the authorities in Hillsborough County, the Petitioner was held in contempt by the court in Pinellas County, Florida, for failure to appear.

   
   

8. When the Petitioner must recall the events which surrounded his arrest for lewd and lascivious conduct, he becomes emotionally upset. At the hearing, this affected his recollection of those events surrounding his offenses.

   
   

9. Because he has back problems, Petitioner cannot obtain employment as a laborer.

   
   

10. While working as an unarmed security guard, the Petitioner was assigned to a variety of posts such as the local colosseum, malls, and shopping centers.

    
    

11. Petitioner has a history of inappropriate sexual conduct associated with alcohol abuse. At the time of this hearing, the Petitioner was not attending any counseling sessions or Alcoholics Anonymous meetings.

    
    

    CONCLUSIONS OF LAW

    
    

12. The Department of State has authority to license unarmed security guards pursuant to Chapter 493, Florida Statutes. This Recommended Order is entered pursuant to Section 120.57(1), Florida Statutes (1981).

    
    

13. Section 493.306, Florida Statutes, provides that every licensee must be of "good moral character, which it defines in part as respecting the laws of Florida and of the United States. Section 493.319(1)(a), Florida Statutes, provides that disciplinary action may be taken against a licensee who has made a willful misrepresentation on his application. A proven violation of Section 493.319(1)(a), supra, by an applicant would show a lack of good moral character.

    
    

14. The record reflects that the petitioner did not answer the questions on his application correctly; however, it does not appear that the Petitioner

    intended to misstate the facts. It was clear from his testimony that Petitioner's recollection of the events of his original arrest and those surrounding his arrest for probation violation and lewd and lascivious conduct is not clear.

    
    

15. It is also clear that the Petitioner has had a history of problems with inappropriate sexual conduct for which he has been imprisoned twice, either directly or indirectly. Petitioner stated that his problems arose from drinking but admitted that he was not attending any counseling sessions or Alcoholics Anonymous meetings. Petitioner was released from prison less than a year ago.

    
    

16. Petitioner is remorseful about his past conduct and is in need of employment; however, he is not attending any counseling sessions and admitted that he was currently drinking but not attending Alcoholics Anonymous meetings. In short, Petitioner has little outside emotional support, and a risk exists of repetitive behavior. The Petitioner has not carried his burden of proof to show that he is entitled to licensure. The evidence supports the contention of the Department that the Petitioner's prior convictions are disqualifying.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of State deny licensure as an unarmed security guard to the Petitioner.

DONE and RECOMMENDED this 7th day of November, 1983, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, 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 7th day of November, 1983.

COPIES FURNISHED:

Mr. Harry Paul Hett 7317 Las Palmas Court Tampa, Florida 33614

Stephen Nall, Esquire Office of 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: 83-001970

Orders for Case No: 83-001970