STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WAYNE M. CHADWICK, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1860S

) SECRETARY OF STATE, DIVISION OF ) LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice in the Regional State Office Building, 111 Coastline Drive East, Jacksonville, Florida, on January 16, 1980, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose upon the denial of the applicant's application for a license as a Class F, unarmed guard by the Division of Licensing.

APPEARANCES

For Petitioner: Wayne M. Chadwick, pro se

865 Lane Avenue, #703

Jacksonville, Florida 32205

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

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

Prior to coming on the record, the parties stipulated as follows:

1. The applicant, Wayne M. Chadwick, filed an application with the Division of Licensing for a Class F, unarmed guard license, answering Question 13, "Have you ever been arrested?" in the negative.

   
   

2. The Department of State denied the application on the basis that the applicant has falsified his application regarding his answer to Question 13, in that the applicant had been arrested.

   
   

3. Except for the falsification of his application, the applicant is otherwise qualified for licensure.

   
   

4. The parties agreed that Exhibit 1 is a complete and accurate record of the applicant's record of arrest.

Based upon the Stipulation, the hearing commenced with presentation of evidence by the Petitioner in mitigation of his falsification of the application.

FINDINGS OF FACT

1. The Petitioner testified in his own behalf, admitting that he had failed to answer Question 13, "Have you ever been arrested?" honestly. He stated that he had been embarrassed to put down the fact that he had been arrested. He stated that he had applied for the position as an unarmed security guard with Oxford Security Services thinking that it would be a temporary position. However, since his employment he has been promoted to safety coordinator, salesman and supervisor/operations manager of the company's operations in the Jacksonville area. The applicant was first employed in June of 1979. He stated that he needed to be licensed in order to maintain his present position. The applicant explained his arrest in 1963 and in 1977. His arrest in 1963 was for larceny and arose from taking money belong to the company by which he was employed and purchasing a car with it. The court withheld adjudication and placed the applicant on probation for five years. During that time he married and left the State of Florida in violation of the terms of his probation. In 1977, the applicant was employed in Jacksonville, Florida, as a used car salesman. After a 24-hour sale-athon, the applicant began bar-hopping and ended up in a topless go-go club. His next conscious recollection was waking up in the Duval County jail, where he was advised that he was charged with lewd and lascivious conduct. He had no knowledge of the conduct which gave rise to his arrest. The Duval County court advised the applicant to enter a plea of nolo contendere and be transferred to Miami court for disposition of the applicant's offense of parole violation. The Duval County court sentenced the applicant to two days for lewd and lascivious conduct, during which time he was transferred to the Dade County courts. The charges of violating parole in Dade County were dismissed. The applicant further explained his arrest for passing a worthless bank check. The applicant stated that he had overdrawn his account unknowingly in 1971. He was arrested and paid off the overdraft, and the charge was dismissed. The applicant stated that his employer was not aware of his arrest record.

   
   

   CONCLUSIONS OF LAW

   
   

2. Section 493.08(2)(f), Florida Statutes, provides that falsification of an application for licensure shall be grounds for denial of a license. The admission of the applicant clearly shows that he falsified his application. It is clear that due to the advancement of the applicant in his job he appeared to sincerely regret having falsified his application.

   
   

3. The applicant appears to be establishing himself well in a new career field. This is meritorious; however, his new professional life is based upon an underlying falsehood. Rather than to continue this deception, it would be more advisable to start anew.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the applicant's application for a Class F, unarmed guard license be denied; however, that the applicant be afforded the opportunity to refile his application with full disclosure, and that in the absence of any other disqualifying grounds said reapplication be approved.

DONE and ORDERED this 6th day of February, 1980, 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 6th day of February, 1980.

COPIES FURNISHED:

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

The Capitol

Tallahassee, Florida 32301

Mr. Wayne M. Chadwick 865 Lane Avenue, #703

Jacksonville, Florida 32205

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AGENCY FINAL ORDER

=================================================================

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WAYNE M. CHADWICK,

Petitioner,

vs. CASE NO. 79-1860S

DIVISION OF LICENSING,

Respondent.

/

FINAL ORDER

This cause was heard by a duly designated Hearing Officer of the Division of Administrative Hearings pursuant to Chapter 120, Florida Statutes. Pursuant to said hearing, the Hearing Officer submitted a Recommended Order which

included Findings of Fact and Conclusions of Law. Furthermore, in accordance with Section 120.57(1)(b)(8), Florida Statutes, the Department of State has allowed each party at least ten days in which to submit written exceptions to the Recommended Order; no such written exceptions were filed. Therefore, based upon said Recommended Order and on the evidence presented

IT IS ORDERED THAT:

The Recommended Order of the Hearing Officer be hereby adopted and that Wayne M. Chadwick's application for a Class "F" unarmed guard license be denied; however, he should be afforded the opportunity to refile his application with full disclosure, and that in the absence of any other disqualifying grounds said reapplication be approved.

DONE AND ORDERED at Tallahassee, Florida this 29th day of February 1980.

GEORGE FIRESTONE, Secretary Department of State

I hereby certify that a true and correct copy of this Final Order has been sent by U.S. Mail to Wayne M. Chadwick, 865 Lane Avenue, #703, Jacksonville, Florida 32205 this 29th day of February 1980.

W. J. GLADWIN, JR. Assistant General Counsel Room 1801, The Capitol Tallahassee, Florida 32301 (904) 488-7220

Docket for Case No: 79-001860

Orders for Case No: 79-001860