STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLES K. ALMOND, )

)

Petitioner, )

)

vs. ) CASE NO. 78-718S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on May 19, 1978, in Miami, Florida.

The following appearances were entered: Charles K. Almond, who appeared on his own behalf; and Gerald Curington, Tallahassee, Florida, for the Respondent, Division of Licensing.

The Petitioner has filed an application for issuance of an employee guard license. The Respondent has denied the license and the Petitioner has requested a hearing. In accordance with the provisions of 120.57(1)(b)(3), the Division of Licensing has requested that a hearing officer from the Division of Administrative Hearings be assigned to conduct the hearing. The final hearing was scheduled by notice dated May 2, 1978. A Request for Continuance made by the Petitioner was denied by Order entered May 15, 1978.

FINDINGS OF FACT

1. In March, 1955 the Petitioner was convicted in Federal Court in the Southern District of Florida of the felony Interstate Transportation of Forged Checks. He was placed on probation. Shortly thereafter the Petitioner was again arrested for probation violation and he served a three-years sentence. He was released from prison in 1958. It does not appear that the Petitioner's civil rights have been restored to him.

   
   

2. The Petitioner is in all other respects entitled to be issued a license as an employee guard.

   
   

   CONCLUSIONS OF LAW

   
   

3. Florida Statutes 493.08(2)(a), provides that conviction of a felony where civil rights have not been restored is grounds for denial of a guard license. It would appear that the Petitioner is entitled to have his civil rights restored if he makes proper application therefor. The Petitioner is in all other respects entitled to issuance of a license.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby,

RECOMMENDED:

That the Petitioner be permitted to continue in his employment as a guard under his present temporary permit for a period of sixty (60) days, provided that within the sixty days he gives satisfactory evidence that his civil rights have been restored. Upon the presentation of such evidence it is recommended that a permanent license be issued to the Petitioner.

DONE and ORDERED this 26 day of May, 1978, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

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

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26 day of May, 1978.

COPIES FURNISHED:

Charles K. Almond 6970 Bryon Avenue Miami Beach, Florida

Gerald Curington, Esquire General Counsel Department of State

Tallahassee, Florida 32304

Mr. Marvin Sirotowitz Bureau Chief

Division of Licensing The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000718

Orders for Case No: 78-000718