STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SECRETARY OF STATE, DIVISION OF ) LICENSING, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1684S

)

WESLEY JAMES THOMPSON, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on September 28, 1979, in Miami, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

The issue presented is whether the Respondent's application for licensure as a Class "G," Armed Security Guard, should have been denied by the Division of Licensing.

APPEARANCES

For Petitioner: W. J. Gladwin, Jr., Esquire

Assistant General Counsel Department of State, The Capitol Tallahassee, Florida 32301

For Respondent: Wesley J. Thompson, Jr., pro se

13357 Ashwand Road

Opa Locka, Florida 33504 FINDINGS OF FACT

1. The parties stipulated that the Respondent applied for licensure as a Class "F," Unarmed Security Guard, and Class "G," Armed Security Guard, to the Division of Licensing. Further, the parties stipulated that the application for licensure as a Class "G," Armed Security Guard, was denied on the grounds stated in the letter of July 5, 1979, from Don Hazelton to the Respondent. Lastly, the parties stipulated that except for the grounds stated in the letter of denial, the applicant is qualified for licensure.

   
   

2. The Respondent admitted that in 1972, while he was employed as an armed security guard, he discharged a firearm during an argument with his ex-wife in such a manner that she was shot. The court records introduced as Exhibit A reflect that an Information was filed against the Respondent for assault with intent to commit murder, and that the Respondent pled guilty to assault and battery upon his ex-wife and was sentenced to 56 days of confinement. The Respondent, having already served 56 days of pre-trial confinement, was

   released. Subsequent to his release, the Respondent left the State of Florida and lived in New York until March of 1978.

   
   

3. The Respondent has worked both full-time and part-time for Wackenhut since 1978, as an unarmed security guard. His current assignment is gate and perimeter security on a construction site during the night shift.

   
   

4. Court records, Exhibit C, reflect that the Respondent was arrested for disorderly intoxication in March of 1979. This charge arose out of a neighborhood dispute, and the Respondent was found guilty and sentenced to one year's probation on April 13, 1979. Since that time, Respondent has moved from the neighborhood and purchased a home in Opa Locka Florida.

   
   

   CONCLUSIONS OF LAW

   
   

5. Section 493.08(2), Florida Statutes, provides that grounds for denial of licensure shall include failure to meet character qualifications. The evidence presented shows that the Respondent should not be licensed as an armed security guard at this time. Specifically, the fact that the Respondent is on probation coupled with the prior shooting incident while he was employed as an armed guard mitigates against granting him a Class "G" License at this time.

   
   

6. Upon establishing his good character and qualifications, and upon termination of his probation, Respondent's licensure as a Class "G," Armed Security Guard, should be reconsidered.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Respondent's application for a Class "G," Armed Security Guard, License, be denied.

DONE and ORDERED this 5th day of October, 1979, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 5th day of October, 1979.

COPIES FURNISHED:

W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State

The Capitol

Tallahassee, Florida 32301

Mr. Wesley James Thompson, Jr. 2153 North West 103rd Terrace Miami, Florida 33146, and

13357 Ashwand Road

Opa Locka, Florida 33054

Docket for Case No: 79-001684

Orders for Case No: 79-001684