STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIE F. SCOTT, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1647S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard on October 11, 1978, in the Third Floor Conference Room, 780 Southwest 24th Street, Fort Lauderdale, Florida, by the assigned Hearing Officer.

ISSUE PRESENTED

Whether the application of Petitioner for a license as an employee guard should be granted or denied, based upon the grounds for tentative denial stated in the Department's letter dated August 23, 1978.

At the hearing, the Department of State introduced the application of Willie F. Scott which stated that Scott had been arrested for driving without a license in 1969. The applicant testified that he had been arrested in 1967 in Miami, Florida for suspicion of armed robbery, that he had been arrested in 1969 in Long Beach, California for driving while intoxicated, had been arrested in 1970 in Atlanta, Georgia for disturbing the peace, had been arrested in Miami, Florida in 1971 for possession of marijuana, and had been arrested in Miami, Florida in 1972 for driving without a license. The Applicant further testified that he had revealed all of the foregoing arrests to his employer or a representative thereof, and that said representative had filled out his application and had advised him not to state these additional arrests. The grounds stated for denial by the Department was falsification of the application for licensure. The issue presented at final hearing was whether the Applicant had falsified his application when he advised his employer of the arrest and the employer, who filled out the application, failed to report the arrests?

APPEARANCES

For Petitioner: Willie F. Scott

5300 Northwest 33rd Northwest Miami, Florida 33142

For Respondent: Gerald Curington, Esquire

Department of State The Capitol

Tallahassee, Florida 32304

FINDINGS OF FACT

1. Willie F. Scott is an Applicant for a license as an employee guard. This includes licensure both as an armed and unarmed guard. Scott signed an application which was presented to the Department of State. The application was filled out by Scott's supervisor, an agent of Scott's employer. Scott revealed his arrest record to the employer's agent who did not include these matters on Scott's application.

   
   

2. Although Scott had been arrested several times prior to 1972, his only conviction was for driving while intoxicated while in Long Beach, California while he was in the Marine Corps.

   
   

3. Scott served in the United States Marine Corps for two years and was honorably discharged with the rank of lance corporal.

   
   

4. During the period of his employment, Scott has been promoted by his employer from patrolman to patrol sergeant.

   
   

5. Scott was arrested in 1967 in Miami, in 1969 in Long Beach California, in 1970 in Atlanta, Georgia, and in 1971 in Miami, Florida. His only conviction was for driving while intoxicated in Long Beach, California.

   
   

   CONCLUSIONS OF LAW

   
   

6. The basis for denial of the application of Willie F. Scott as an employee guard with Class F and G licenses was on the basis that he had failed to disclose fully his arrest record. Scott's testimony clarified that he had in fact revealed his arrest record to an agent of his employer. His application was filled out by this agent who advised Scott that it was unnecessary to report these matters to the Department. Scott's demeanor was very straightforward at the hearing, and he readily admitted that he had been arrested in 1967, 1969, 1970, 1971, and 1972. He spoke freely of the events surrounding each of the arrests and the fact that the charges against him had been dropped and not pursued by the authorities in each occasion with the exception of his arrest for driving while under the influence while in California. Scott's testimony was very credible and he presented himself well at the hearing. Based upon the candor with which Scott answered the questions concerning his prior arrests record at the hearing, and the fact that his application was prepared by a superior with his employer, Scott did not intend to falsify his application. There is no other impediment to his licensure at this time.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the Department of State issue Willie F. Scott Class F and G licenses as an employee guard.

DONE and ORDERED this 17th day of October, 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 17th day of October, 1978.

COPIES FURNISHED:

Willie F. Scott

5300 Northwest 33rd Northwest Miami, Florida 33142

Gerald Curington, Esquire Department of State

The Capitol

Tallahassee, Florida 32304

Marvin Sirotowitz Department of State The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-001647

Orders for Case No: 78-001647