STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JULIAN L. TOLER, )

)

Petitioner, )

)

vs. ) CASE NO. 78-952S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

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

APPEARANCES

For Petitioner: Julian Lloyd Toler, In Proper Person

3041 South West 60th Avenue Ft. Lauderdale, Florida 33314

For Respondent: Gerald Curington, Esquire

Assistant General Counsel Department of State, The Capitol Tallahassee, Florida 32304

ISSUE

The question presented was whether the application of Julian L. Toler for a guard license should be granted or denied.

FINDINGS OF FACT

1. The record in this case reveals that the Division of Licensing, Department of State had indicated that it would deny Toler's application for a license on the basis that he had deliberately failed to reveal his arrest.

   
   

2. Julian L. Toler is an applicant for a guard license issued by the Division of Licensing, Department of State.

   
   

3. Toler filed his application, Exhibit 2, with the Division of Licensing, Department of State. Question 13 on that application asked "Have you ever been arrested?" with a box indicating yes and a box indicating no. Toler testified that he had checked the box no in response to question 13.

   
   

4. The Department of State introduced evidence showing that Toler was arrested for unlawfully conspiring to violate the Internal Revenue Laws of the United States in 1939. Toler subsequently entered a plea of guilty to the charge and was placed on three months probation. Toler stated that he had not

   remembered the arrest and the entering of the plea when he filled out the application. The Department of State asked Toler to explain what appeared to be an arrest record in Ft. Pierce, Florida for passing a worthless bank check approximately 11 years ago. Toler explained that at that time he was the captain of a shrimp boat which was based in Carolina, and subsequent to the fishing season there he had moved the shrimp boat to Ft. Pierce, Florida where he continued fishing for shrimp. While there, the shrimp boat developed engine problems which he had repaired. The boat was owned by a company which employed Toler as captain of the boat. Toler had been given a blank check by the owner of the boat to use to cover any expenses. Toler used this check to pay for the repairs on the boat. Subsequently, he was contacted by a deputy sheriff and advised that the check was not good. Toler advised the deputy that he could not do anything about it at that time but that he would contact the owner of the boat and bring the money to the sheriff's department on the following Monday.

   On the Monday in question, Toler paid the money at the sheriff's office where he was photographed and fingerprinted. Toler stated that he did not feel that he had ever been arrested. The Department offered no evidence of arrest in Ft.

   Pierce.

   
   

5. In his own behalf Toler introduced a letter from Marvin R. Self indicating that Toler had been employed with Self's company from 1973 until 1976 during which time he was a reliable and responsible employee. Mr. Self further states within his letter that he would not hesitate to vouch for Toler's honesty or character.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Licensing, Department of State has tentatively denied the license of Mr. Toler on the basis of Section 493.14(1)(n), Florida Statutes, which incorporates by reference the provisions of Section 493.08(2)(e) and (f) Florida Statutes. The basis for denial is that Toler has allegedly falsified his application for a license and fails to meet the character qualifications.

   
   

7. With regard to the possible arrest of Toler in Ft. Pierce, Florida for passing a worthless bank check, the circumstances, as explained by Toler, leave a question as to whether he was arrested or if so, whether he would have realized that he had been arrested.

   
   

8. With regard to his arrest, plea of guilty, and subsequent probation for a period of three months in 1940 for unlawfully conspiring to violate the Internal Revenue Liquor Laws of the United States, Toler explained that he did remember being arrested, pleading guilty, and being sentenced to three months probation; however, at the time he filled out his application he did not remember these events which occurred nearly 40 years ago. Further, Toler explained that he did not feel that it bore any relationship to his application for the license.

   
   

9. The law of the State of Florida is very clear that an applicant for a license has a duty to provide the state with all necessary and requested information on an application. The failure to do so may be a basis for denial of the license. However, in this specific instance, the fact that Toler failed to reveal that he had been arrested in 1939, when he was 20 years old, does not per se indicate that he lacks that the character qualifications necessary for licensure under the provisions of Section 493.08, Florida Statutes. There was no evidence presented by the Division of Licensing, Department of State indicating that Toler had been involved in any conduct reflecting adversely on

his character in recent years. Further, a letter of reference from Toler's former employer substantiates the absence of any adverse character information.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law the Hearing Officer recommends that the Division of Licensing, Department of State issue a class F license to Julian Toler as an unarmed watchman, guard, or patrolman employee.

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:

Julian Lloyd Toler

3041 South West 60th Avenue Ft. Lauderdale, Florida 33314

Gerald Curington, Esquire Assistant General Counsel Department of State

New Capitol Building Tallahassee, Florida 32304

Marvin Sirotowitz, Bureau Chief Division of Licensing

The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000952

Orders for Case No: 78-000952