STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALBERT HARRIS, )

)

Petitioner, )

)

vs. ) CASE NO. 78-722S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on July 6, 1978 in Suite 420, 6501 North West 36th Street, Miami, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Albert Harris, Appearing in Proper Person 6969 North West 17th Avenue

Miami, Florida 33147

For Respondent: Gerald Curington, Esquire

General Counsel Department of State

Plaza Level, New Capitol Building Tallahassee, Florida 32304

ISSUE

The issue presented in this case was whether the application of Albert Harris for a class F license as an unarmed watchman, guard or patrolman employee should be granted or denied.

FINDINGS OF FACT

1. Albert Harris is an applicant for a class F license as an unarmed watchman, guard or patrolman employee.

   
   

2. Harris was convicted of 1st degree murder in 1940 in the State of Florida, and sentenced to life in prison. Harris was paroled in 1960, 1965 and 1968. Since his release from imprisonment on parole in 1968, Harris has been arrested and fined for driving while intoxicated.

   
   

3. No evidence was introduced that Harris' civil rights had been restored.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Licensing, Department of State has denied the application of Albert Harris on the basis that he has been convicted of a felony

   in the State of Florida in which his civil rights have not been restored under the authority of Section 493.08 (2)(a), Florida Statutes.

   
   

5. A person should be given the opportunity to be employed after they have paid their debt to society for the commission of a crime. The law in this specific instance is relatively clear that the applicant's civil rights must have been restored as a condition precedent to licensure. Mr. Harris has not undertaken to have his civil rights restored, and his application cannot be approved.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, the Hearing Officer would recommend that the application of Albert Harris for a class F license be denied.

DONE AND ORDERED this 21st day of July, 1978, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 21st day of July, 1978.

COPIES FURNISHED:

Albert Harris

6969 North West 17th Avenue Miami, Florida 33147

Marvin Sirotowitz, Bureau Chief Division of Licensing

The Capitol

Tallahassee, Florida 32304

Gerald Curington, Esquire Assistant General Counsel Department of State

Plaza Level, New Capitol Bldg. Tallahassee, Florida 32304

Docket for Case No: 78-000722

Orders for Case No: 78-000722