STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES McCLURE, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1696S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

THIS CASE was heard pursuant to notice in Suite 170,

401 N. W. 2nd Avenue, Miami, Florida, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This case arose upon the Petitioner's application for licensure as an employee guard and denial of said application by the Division of Licensing on the basis that the applicant had failed to report his arrest and conviction of a felony and not having had his civil rights restored.

APPEARANCES

For Petitioner: Mr. James McClure, pro se

416 South West 8th Street Belle Glade, Florida 33430

For Respondent: Gerald Curington, Esquire

Department of State, The Capitol Tallahassee, Florida 32304

ISSUES

The issue presented in this case was whether the Petitioner had falsified his application for a licensure as an employee guard by failing to report his arrest and

conviction of a felony and by not having had his civil rights restored.

FINDINGS OF FACT

1. James McClure applied for licensure as an employee guard to the Division of Licensing. In his application he stated that he had been arrested and indicated that the arrest was for driving with no driver's license.

   
   

2. McClure stated that he had earlier been arrested for robbery in 1959 and subsequently convicted of that offense. He was sentenced to prison and served five years and six months for this offense. McClure failed to state that he had been arrested and convicted for this offense. McClure stated that he did not report this arrest and conviction because he did not think it was important. McClure stated that his record in now clean and that he has not been arrested since 1969 or '70 for driving without a license.

   
   

3. McClure did not know whether his civil rights had been restored; however, he had taken no action to have them restored.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 493.14, Florida Statutes, provides that the Department of State may deny a license on the grounds that the applicant has made fraudulent or willful misrepresentations in his application for a license. The testimony and evidence presented shows that McClure was aware of his arrest and conviction and sentencing for the offense of armed robbery. McClure failed to reveal this on his application for licensure because he did not consider it important. Clearly, this information was material to his licensure and he was aware of his arrest, conviction and sentencing. The Petitioner, therefore, falsified his application willfully, contrary to the provisions of 493.14(1)(a), Florida Statutes.

   
   

5. Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Division of Licensing deny the application of James McClure for licensure as an employee-guard.

DONE and ORDERED this 22nd day of November, 1978, in Tallahassee, Florida.

STEPHEN F. DEAN

Division of Administrative Hearings

101 Collins Building

MAILING ADDRESS: 30 Carlton Bldg.

Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 22nd day of November, 1978.

COPIES FURNISHED:

James McClure

416 South West 8th Street Belle Glade, Florida 33430

Gerald Curington, Esquire Department of State

The Capitol

Tallahassee, Florida 32304

Marvin Sirotowitz Division of Licensing The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-001696

Orders for Case No: 78-001696