STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHERUBIM BASTIEN, )

)

Petitioner, )

)

vs. ) CASE NO. 95-0219S

) DEPARTMENT OF STATE, DIVISION OF ) LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Susan B. Kirkland, held a formal hearing in this case on April 7, 1995, in Fort Lauderdale, Florida.

APPEARANCES

For Petitioner: No appearance. For Respondent: Michele Guy

Assistant General Counsel

Department of State Division of Licensing

The Capitol, Mail Station Number 4 Tallahassee, Florida 32399-0250

STATEMENT OF THE ISSUES

Whether Petitioner should be granted a Class "D" Security Officer license.

PRELIMINARY STATEMENT

By letter dated August 24, 1994, Respondent, Department of State, Division of Licensing, denied the application of Petitioner, Cherubin Bastien, for a Class "D" Security Officer license on the basis that he did not qualify under Sections 493.6118(1)(a), (c), (s), and (4), Florida Statutes. Petitioner requested a formal hearing and the matter was referred to the Division of Administrative Hearings on January 19, 1995 for assignment to a Hearing Officer.

Petitioner failed to appear at the final hearing. Respondent presented no witnesses. Respondent's Exhibits 1-4 were admitted in evidence.

At the final hearing, Respondent withdrew all its bases for denial except for Petitioner's failure to qualify pursuant to Section 493.6118(4), Florida Statutes, because Petitioner was currently serving felony probation.

No transcript was ordered. Respondent requested that its proposed recommended order be filed no later than April 27, 1995. The Respondent filed

its proposed recommended order on April 19, 1995. Respondent's findings of fact are addressed in the Appendix to this Recommended Order.

FINDINGS OF FACT

1. Petitioner, Cherubin Bastien (Bastien) filed an application with Respondent, Department of State, Division of Licensing (Department) for a Class "D" Security Officer license on July 1, 1994.

   
   

2. The Department denied Bastien's application by letter dated August 24, 1994. At final hearing the only basis for denial at issue was that Petitioner was currently serving felony probation.

   
   

3. On October 14, 1993, Bastien was sentenced, in State of Florida v. Cherubin Bastien, Case No. 93-5337CF10, on a charge of aggravated assault (firearm), before the Circuit Court of the 17th Judicial Circuit in and for Broward County, to two and one half years probation, and adjudication was withheld.

   
   

4. Bastien's probation will not terminate until April, 1996. Bastien is currently on probation and was on probation at the time that he filed his application on July 1, 1994.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties to and the subject matter of this proceeding. Section 120.57(1), Florida Statutes.

   
   

6. Respondent has jurisdiction over applicants for security officers' licenses pursuant to Section 493.6121, Florida Statutes.

   
   

7. Aggravated assault with a firearm is a 3rd degree felony pursuant to Section 784.021, Florida Statutes.

   
   

8. Section 493.6118(4), Florida Statutes, provides that the Department shall deny the application of an applicant who is on probation on a felony charge. Bastien is and was at all times material to this proceeding on probation on a felony charge. Thus, Bastien does not qualify for a Class "D" Security Officer license.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Cherubin Bastien's application for a Class "D" Security

Officer License be denied.

DONE AND ENTERED this 5th day of May, 1995, in Tallahassee, Leon County, Florida.

SUSAN B. KIRKLAND

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 5th day of May, 1995.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-219S

To comply with the requirements of Section 120.59(2), Florida Statutes (1993), the following rulings are made on the parties' proposed findings of fact:

Respondent's Proposed Findings of Fact.

1. Paragraphs 1-6: Accepted in substance.

2. Paragraph 7: Rejected as unnecessary.

COPIES FURNISHED:

Richard R. Whidden, Jr., Esquire Department of State/Division of Licensing The Capitol, MS-4

Tallahassee, Florida 32399-0250

Cherubim Bastien

2322 Johnson Street, Apt. 1

Hollywood, Florida 33020

Honorable Sandra B. Mortham Secretary of State

The Capitol

Tallahassee, Florida 32399-0250

Don Bell General Counsel

Department of State The Capitol, PL-02

Tallahassee, Florida 32399-0250

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this recommended order. All agencies allow each party at least ten days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 95-000219

Orders for Case No: 95-000219