STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PAUL CASTILLO, )

)

Petitioner, )

)

vs. ) CASE NO. 76-641

) STATE OF FLORIDA DEPARTMENT OF ) BUSINESS REGULATION, DIVISION ) OF BEVERAGE, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to proper notice, this matter came on for final hearing before the undersigned Hearing Officer of the Division of Administrative Hearings on April 15, 1976.

Mr. Paul Castillo appeared on his own behalf.

Charles L. Curtis, Esquire, appeared on behalf of the Respondent.

FINDINGS OF FACT

1. In late 1960, Petitioner robbed a private home and was convicted of a felony with regard to said robbery in 1961, in the State of Florida. Petitioner entered prison pursuant to said conviction during July, 1961. He was paroled in April, 1966. Soon thereafter he was arrested and again charged with robbery, whereupon his parole was revoked and he was again sent to prison in late 1966. Petitioner was found guilty of a felony in August, 1966, with regard to the second robbery, but this conviction has since been vacated. Petitioner was finally released from prison on March 7, 1972.

   
   

2. Since his release from prison on March 7, 1972, Petitioner, according to the evidence presented, has not been involved in the violation of any laws other than minor traffic violations.

   
   

3. By Executive Order dated December 17, 1975, Petitioner was restored his civil rights by the Governor and the Cabinet of the State of Florida

   
   

4. Petitioner testified that the only trade in which he had any substantial experience or training was that of bartender.

   
   

5. Since his release from prison in 1972, Petitioner has been employed as a bartender, with the knowledge of the Division of Beverage. This employment terminated upon the determination that Petitioner, as a convicted felon, was not entitled to such employment.

   
   

6. Petitioner is presently employed as a maintenance man and janitor for a bar. An employer of Petitioner's since his release from prison, Bernhart

   Goldlust, a bar owner, testified that he thought Petitioner extremely trustworthy and would be happy to employ him as a bartender.

   
   

   CONCLUSIONS OF LAW

   
   

7. Section 562.13, Florida Statutes, prohibits any person convicted of any felony offense to act as a bartender. The Division of Beverage, through its attorney in this proceeding, has taken the position that when one convicted of a felony offense has had his or her civil rights restored, the Director of the Division has the discretion to permit such a person to work as a bartender. Thus, as presented by the Division of Beverage, the purpose of this hearing is to determine whether the Director should exercise that discretion and allow the Petitioner to work as a bartender.

RECOMMENDED ORDER

As noted in the findings of fact, it appears that the Petitioner has been a law abiding and respectable citizen since his release from prison on March 7, 1972. It is noted by the Hearing Officer that Petitioner, during that time, worked briefly as a bartender, with the knowledge of the Division of Beverage, with, apparently, no trouble ensuing from that employment. It is further noted that at least one owner of a bar is willing to place his trust in the Petitioner and employ him as a bartender and that the Petitioner's primary training and experience is as a bartender. In light of the foregoing and of the fact that the Governor and Cabinet of the State of Florida have seen fit to restore the Petitioner's civil rights, it is, therefore, RECOMMENDED, that Paul Castillo be allowed to work as a bartender with the provision that should he ever in the future be charged with a felony offense or charged with any offense involving violation of the beverage laws or rules, that such permission to work as a bartender will be permanently revoked.

Entered this 12th day of May, 1976, in Tallahassee, Florida.

CHRIS H. BENTLEY

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Charles L. Curtis, Esquire Staff Attorney

Division of Beverage The Johns Building Tallahassee, Florida

Mr. Paul Castillo

1872 N.E. 79th St. Causeway Miami Beach, Florida 33141

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AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA DEPARTMENT OF BUSINESS REGULATION

DIVISION OF BEVERAGE

PAUL CASTILLO,

Petitioner, CASE NO. 76-641 STATE OF FLORIDA, DEPARTMENT OF

BUSINESS REGULATION, DIVISION OF BEVERAGE,

Respondent.

/

ORDER

The Examiner's Report in the above styled cause, a copy of which is attached, having been considered, approved and adopted, after due notice and hearing, at the Lauderhill Sub-Office on April 15, 1976; and the Director being duly advised in the premises, it is upon consideration

ORDERED:

That the Petitioner, Paul Castillo, be allowed to work as a bartender. DONE AND ORDERED this 20th day of 1976.

Charles A. Nuzum, Director Division of Beverage

Department of Business Regulation State of Florida

Docket for Case No: 76-000641

Orders for Case No: 76-000641