STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF STATE, DIVISION ) OF LICENSING, )

)

Petitioner, )

)

vs. ) CASE NO. 95-6184

)

ADEKING SECURITY SERVICES, )

ALICE A. AINA, President, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Claude B. Arrington, held a formal hearing in the above-styled case on February 22, 1996, in Miami, Florida.

APPEARANCES

For Petitioner: Douglas D. Sunshine, Esquire

Department of State, Division of Licensing The Capitol, Mail Station Number 4 Tallahassee, Florida 32399-0250

For Respondent: No appearance

STATEMENT OF THE ISSUES

Whether the Respondents committed the offenses alleged in the administrative complaint and the penalties, if any, that should be imposed.

PRELIMINARY STATEMENT

By Administrative Complaint filed October 31, 1995, the Petitioner charged Adeking Security Services and Alice A. Aina, its president, with permitting two individuals to exercise operational control over the business of Adeking Security Services after Ms. Aina knew, or should have known, that those two individuals had been ordered by Petitioner to cease and desist from any involvement with securities agencies. Ms. Aina, on behalf of herself and her company, timely denied the allegations of the Administrative Complaint and requested a formal hearing. The matter was referred to the Division of Administrative Hearings, and this proceeding followed.

At the formal hearing, the Petitioner presented the testimony of two witnesses and offered six exhibits, each of which was accepted into evidence. Despite appropriate service of the Notice of Hearing and efforts to contact them by telephone immediately prior to the start of the formal hearing, no appearance was made on behalf of Adeking Security Services or Ms. Aina.

No transcript of the proceedings has been filed. At the request of the Petitioner, the time for filing post-hearing submissions was set for more than ten days following the conclusion of the hearing. Consequently, the requirement that a recommended order be rendered within thirty days after the conclusion of the hearing was waived. Rule 60Q-2.031, Florida Administrative Code. The proposed findings of fact submitted by Petitioner are adopted in material part by this Recommended Order.

FINDINGS OF FACT

1. Adeking, Inc. is a corporation that was incorporated under the laws of the State of Florida on August 8, 1990. Adeking, Inc. was incorporated by Bamidele Adeoba and by Shakirat Adeoba, who became the corporation's initial president and vice-president, respectively. The corporate document number issued by the Department of State, Division of Corporations for this incorporation was L92905.

   
   

2. Adeking, Inc. registered the name Adeking Security Services as a fictitious name with the Department of State, Division of Corporations, on November 7, 1994. The number assigned to this fictitious name registration by the Division of Corporations was G94311900006.

   
   

3. At the times pertinent to this proceeding, Respondent, Adeking Security Services, was the holder of license number B9400128, which is a Class "B" Security Agency License issued by Petitioner. That license reflects that Alice

   A. Aina is the president of Adeking. 1/

   
   

4. Adeking, Inc. registered the name King's Security Services, Inc. with the Department of State, Division of Corporations, as a fictitious name on September 4, 1991. The number issued for this fictitious name registration was L92905.

   
   

5. At a shareholder's meeting of King's Security Services, Inc. on May 14, 1994, Ms. Aina was elected president and Bamidele Adeoba was elected chairman of the board of directors of King's Security Services, Inc.

   
   

6. By Final Order entered July 19, 1994, Petitioner revoked the Class "B" Security Agency License of King's Security Services, Inc. and also revoked the Class "D" Security Officer and Class "MB" Security Manager Licenses of Bamidele Adeoba and Shakirat Adeoba. The Final Order provided, in part, that Bamidele Adeoba and Shakirat Adeoba ". . . shall CEASE AND DESIST engaging in activities regulated by Chapter 493, Florida Statutes . . . "

   
   

7. Ms. Aina was president of Adeking, Inc. and of King's Security Services, Inc. when the Final Order was entered on July 19, 1994. Ms. Aina knew or should have known of the entry of this Final Order.

   
   

8. Ms. Aina allowed Bamidele Adeoba and Shakirat Adeoba to have operational control over Adeking Security Services after the entry of the Final Order on July 19, 1994. The activities of Adeking Security Services over which Mr. and Mrs. Adeoba exercised operational control are regulated by Chapter 493, Florida Statutes.

   CONCLUSIONS OF LAW

   
   

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

   
   

10. Section 493.6118, Florida Statutes, provides, in pertinent part, as follows:

    
    

    1. The following constitute grounds for which disciplinary action specified in sub- section (2) may be taken by the department against any licensee, agency, or applicant regulated by this chapter, or any unlicensed person engaged in activities regulated under this chapter:

       * * *

       (f) Proof that the applicant or licensee is guilty of fraud or deceit, or of negligence, incompetency, or misconduct in the practice

       of the activities regulated under this chapter.

       * * *

    2. When the department finds any violation of subsection (1), it may do one or more of the following:

       1. Deny an initial or renewal application for license.

       2. Issue a reprimand.

       3. Impose an administrative fine not to

          exceed $1,000 for every count or separate offense.

       4. Place the licensee on probation for a period of time and subject to such conditions as the department may specify.

       5. Suspend or revoke a license.

          
          

11. Petitioner has the burden of proving by clear and convincing evidence the allegations against Respondent. See Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987); Evans Packing Co. v. Department of Agriculture and Consumer Services, 550 So.2d 112 (Fla. 1st DCA 1989).

    
    

12. Petitioner has established by clear and convincing evidence that Alice

    A. Aina allowed Bamidele Adeoba and Shakirat Adeoba to have operational control over Adeking Security Services after the entry of the Final Order on July 19, 1994. This constitutes misconduct in violation of Section 493.6118(1)(f), Florida Statutes. Consequently, it is concluded that Adeking Security Services and Alice A. Aina are subject to being disciplined pursuant to Section 493.6118(2), Florida Statutes.

    
    

13. Petitioner has not adopted disciplinary guidelines pertinent to this violation.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner enter a final order that incorporates the

findings of fact and conclusions of law contained herein; revokes the Class "B"

Security Agency License B9400128 held by Adeking Security Services; revokes any license held by Alice A. Aina that had been issued to her by Petitioner pursuant to Chapter 493, Florida Statutes; imposes an administrative fine against Adeking Security Services in the amount of $500.00; and imposes an administrative fine against Alice A. Aina in the amount of $500.00.

DONE AND ENTERED this 15th day of March, 1996, in Tallahassee, Leon County, Florida.

CLAUDE B. ARRINGTON, 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 15th day of March 1996.

ENDNOTE

1/ The Administrative Complaint alleges that Alice A. Aina holds organization officer position numbers ZB94-00124 and ZB94-00218. The response to the Administrative Complaint does not admit or deny this allegation. There was no evidence presented at the formal hearing as to the licenses held by Ms. Aina.

COPIES FURNISHED:

Douglas D. Sunshine, Esquire

Department of State, Division of Licensing The Capitol, Mail Station No. 4 Tallahassee, Florida 32399-0250

Alice D. Aina, President Adeking Security Services

6600 Northwest 27 Avenue, Suite 104

Miami, Florida 33147

Honorable Sandra B. Mortham Secretary of State

The Capitol

Tallahassee, Florida 32399-0250

Don Bell, General Counsel Department of State

The Capitol, Plaza Level 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: 95-006184

Orders for Case No: 95-006184