STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIAM CHARLES LANDES, )

)

Petitioner, )

)

vs. ) CASE NO. 83-2947S

) 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 upon the Petitioner's request for a formal hearing on the denial of his application for an unarmed security guard license by the Respondent, Department of State. The grounds for denial asserted by the Department of State were that the Petitioner had made a fraudulent or willful misrepresentation in his application contrary to Section 493.319(1)(a), Florida Statutes, and had been guilty of the commission of a crime directly relating to the business for which he sought licensure, contrary to Section 493.3l9(1)(c), Florida Statutes.

APPEARANCES

For Petitioner: William Charles Landes, pro se

1708 Sylvester Road

Lakeland, Florida 33803

For Respondent: Stephen Nall, Esquire

Office of General Counsel Department of State

The Capitol

Tallahassee, Florida 32301 ISSUES

At the commencement of the hearing, the counsel for the Respondent no longer alleged that the Petitioner had made any fraudulent or willful misrepresentation on his application. The parties further stipulated that, except for the remaining grounds for denial, the Petitioner was otherwise qualified for licensure. The sole remaining issue is as follows:

Does the Petitioner's conviction of a crime which directly relates to the business for which the license is held show a lack of good moral character contrary to Section 493.306, Florida Statutes?

FINDINGS OF FACT

1. The Petitioner, William Charles Landes, applied for licensure as an unarmed security guard (Class "D" licensure). This application was denied by the Department of State because of Petitioner's conviction on October 10, 1975, of larceny of a boat and motor and arson of the same boat and motor. Based upon the stipulation of the parties, the Petitioner is qualified for licensure as an unarmed security guard except for the reasons stated in the letter of denial (as amended by the Department's counsel), which reason is at issue in this case.

   
   

2. The Petitioner was approximately 20 years of age and living in Lake Wales, Florida, when he became involved as an accessory to the theft of a boat and outboard motor and the burning of said boat and motor.

   
   

3. Subsequently, Petitioner was investigated by the Sheriff's Department, arrested, and convicted of the theft and arson of the boat and outboard motor. The Petitioner served three months in the county jail and three months on work release of a one year jail sentence. On August 24, 1979, the Petitioner was released from his probation of five years.

   
   

4. Until recently, the Petitioner was employed by Elixer Industries as a mechanic and maintenance man earning five dollars per hour. He had to cease his employment after a severe injury and surgery to his back.

   
   

5. The Petitioner has had no criminal arrests or convictions since October 10, 1975. His only involvement with the law since that date has been two speeding tickets.

   
   

6. Contrary to the Department's original allegations, the Petitioner did reveal the fact of his arrest in 1975.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

8. The sole issue involved in this case is whether the Petitioner has been found guilty of the commission of a crime which directly relates to the business for which the license, that of an unarmed guard, is held. The Department contends that an unarmed guard protects property, that the Petitioner was found guilty of crimes against property, and that this shows bad moral character. The issue is Petitioner's character, and his conviction is a factor which must be considered by the Department. The Department must also consider when the conviction occurred, the Petitioner's conduct since the conviction, and whether the Petitioner has been rehabilitated since the conviction in assessing Petitioner's character.

   
   

9. In the instant case, the facts reveal one instance in which the Petitioner was an accessory to the theft and arson of a boat and outboard motor when he was 20 years of age. Petitioner was sentenced to one year's confinement in a county jail and five years' probation. He served three months in jail and three months on work release and was released from probation on August 24, 1979. Until recently, the Petitioner was the chief mechanic and maintenance man at Elixer Industries, a mobile home construction company. Because of an injury and subsequent surgery to his back, Petitioner is no longer able to work as a

   mechanic. The Petitioner has not been arrested for any criminal offenses since his October, 1975 conviction.

   
   

10. Considering the length of time since the original conviction, the nature of the original conviction, and the Petitioner's good employment record since his conviction, the adverse impact of said conviction on Petitioner's character is overcome. In the absence of some showing of other wrongdoing, the conviction alone is not disqualifying.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department approve Petitioner's application for licensure as an unarmed security guard.

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. William C. Landes 1708 Sylvester Road

Lakeland, Florida 33803

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: 83-002947

Orders for Case No: 83-002947