STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BRENDA H. GIPSON, )

)

Petitioner, )

)

vs. ) CASE NO. 79-077S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice in Miami, Florida, on February, 1979, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This case was presented on Gipson's petition for a formal hearing on denial of her application for a Class F Unarmed Guard license by the Division of Licensing on the grounds that she had falsified her application and had been convicted of a felony and had not had her civil rights restored.

The Petitioner admitted that she was arrested and convicted of attempted aggravated assault in 1975, when she was 18 years old. The court sentenced her to serve 24 hours in jail for this offense. The Petitioner further admitted that she did not reveal this arrest because she was afraid that she would lose her job. No evidence was presented that the Petitioner had been convicted of a felony and had lost her civil rights.

The issue presented is whether the Petitioner falsified her application.

APPEARANCES

For Petitioner: Brenda H. Gipson, pro se

3889 Charles Terrace Miami, Florida

For Respondent: Gerald Curington

Division of Licensing, The Capitol Tallahassee, Florida 32304

FINDINGS OF FACT

1. Brenda H. Gipson applied for licensure as a Class F Unarmed Guard. On her application Gipson did not reveal that she had been arrested and convicted for attempted aggravated assault. Gipson admitted that she did not report on her application the fact that she had been convicted of attempted aggravated assault because she was afraid she would lose her job.

2. The circumstances surrounding the attempted aggravated assault arose out of dispute with a family member in which Gipson threw a hammer at the family member.

   
   

3. Gipson testified that she was sentenced to 24 hours in jail by the Municipal Judge of Venice, Florida.

   
   

4. Abilio Suarez, Gipson's supervisor with Feick Security, who is the coordinator for the contract between Feick Security and Florida Power and Light Company, testified that he had known Gipson since July of 1978, when she began to work for Suarez. Suarez stated that Gipson was a reliable person, was punctual, and dependable. Her duties involved personnel security on facilities belong to or operated by Florida Power and Light Company. Suarez testified that notwithstanding her concealment from Feick Security of her arrest and conviction for attempted aggravated assault, Gipson was considered eligible for continued employment with the company.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 493.08(2)(f), Florida Statutes, provides that falsification of an application for licensure shall be grounds for denial.

   
   

6. The evidence presented in this case shows that the applicant did fail to report her arrest and conviction for attempted aggravated assault and did so in an effort to conceal her arrest and conviction in order to continue her employment. This conduct constitutes falsification of an application for licensure.

RECOMMENDATION

Although the foregoing Findings of Fact and Conclusions of Law indicate that the Petitioner did falsify her application for licensure, the facts surrounding the incident, the extremely light sentence of the municipal court, and the recommendation of her supervisor should be considered in mitigation.

Based upon the facts in mitigation, the Hearing Officer would recommend that Brenda Gipson be issued a license as a Class F, Unarmed Guard.

DONE and ORDERED this 19th day of February, 1979, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

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 19th day of February, 1979.

COPIES FURNISHED:

Gerald Curington Division of Licensing The Capitol

Tallahassee, Florida 32304

Brenda H. Gipson 3889 Charles Terrace Miami, Florida

Docket for Case No: 79-000077

Orders for Case No: 79-000077