STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WALTER J. SMITH, )

)

Petitioner, )

)

vs. ) CASE NO. 78-727S

)

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, 1979, in Miami, Florida.

The following appearances were entered: Walter J. Smith, who appeared on his own behalf; and Gerald Curington, Tallahassee, Florida, who appeared on behalf of the Respondent, Division of Licensing.

The Petitioner has filed an application for an unarmed guard license. The Respondent has denied the application and the Petitioner has requested a hearing. The Division of Licensing 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.

FINDINGS OF FACT

1. In 1946 the Petitioner was convicted of the crime Assault, and he was placed on probation. In 1951 he was convicted of Cashing a Worthless Check. He was found guilty and placed on probation. Both of these convictions were reflected in the Petitioner's application. The Petitioner neglected to include in his application the fact that he was arrested for Burglary in 1945, convicted and fined for the crime of Leaving the Scene of an Accident in 1956, arrested for Fighting in 1956, and again in 1960 when he was arrested, convicted, and spent one year in jail. The Petitioner has not been convicted on any crimes since 1960.

   
   

2. The Petitioner's failure to report various arrests and convictions in his application does not reflect favorably on his qualifications. The actions are quite old, however, and if he had reported them he would nonetheless be qualified for a license. The Petitioner did not report them because he was ashamed, and did not believe that the failure would cause the application to be denied.

   
   

3. The Petitioner has been working as a guard under a temporary permit for approximately six months. He has served with distinction, and is well respected by his employer.

4. Except for his failure to report the arrests and convictions set out above, the Petitioner is qualified to receive a license as an unarmed guard.

   
   

   CONCLUSIONS OF LAW

   
   

5. It does not appear that the Petitioner's failure to report the above cited arrests and convictions in his application was done maliciously. The failure should not result in the Petitioner's being denied a license.

RECOMMENDED ORDER

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

RECOMMENDED: That the Petitioner's application to be licensed as an unarmed guard be granted.

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. Walter J. Smith

17101 South West 200 Street Miami, Florida

Gerald Curington, Esquire General Counsel Department of State

Plaza Level The Capitol

Tallahassee, Florida 32304

Mr. Marvin Sirotowitz Bureau Chief

Division of Licensing The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000727

Orders for Case No: 78-000727