STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES D. CINNEY, )

)

Petitioner, )

)

vs. ) CASE NO. 78-723S

)

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: James D. Cinney, who appeared on his own behalf; and Gerald Curington, Tallahassee, Florida, for the Respondent, Division of Licensing.

The Petitioner filed an application for issuance of an employee guard license with the Respondent. The Respondent denied the application, and the Petitioner requested a hearing. In accordance with the provisions of 120.57(1)(b)(3), the Division of Licensing requested 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.

FINDINGS OF FACT

1. The Petitioner was convicted of unarmed robbery before the courts of the State of Massachusetts in 1960. The Petitioner has applied for a pardon so that his civil rights can be restored, and it is probable that his civil rights will be restored. Apparently the process for accomplishing a restoration of civil rights is time consuming in the State of Massachusetts.

   
   

2. The Petitioner failed to reflect on his application that he was arrested for robbery in 1962. He was not convicted of that crime. It does not appear that the Petitioner deliberately falsified his application.

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 493.08(2)(a) provides that conviction of a felony in this or any other state where civil rights have not been restored is grounds for denial of an employee guard license. In the instant case it appears that the Petitioner has initiated proceedings for restoration of his civil rights, and that they will be restored in a matter of time.

   
   

4. Other than his conviction of unarmed robbery in 1960, no evidence was offered to establish that the Petitioner is other than of good moral character,

and it does affirmatively appear that he has performed his work as a guard under his present temporary license in a distinguished manner.

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 a temporary license for a period of one hundred twenty (120) days provided that within that time he provides satisfactory evidence that his civil rights have been restored to him. Upon presentation of such evidence it is recommended that a permanent license be granted to the Petitioner.

RECOMMENDED 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:

Mr. James D. Cinney

19 South West 6th Street Dania, Florida

Gerald Curington, Esquire General Counsel Department of State

The Capitol

Tallahassee, Florida 32304

Mr. Marvin Sirotowitz Bureau Chief

Division of Licensing The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000723

Orders for Case No: 78-000723