STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OZELL BARNES, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1943S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on December 12, 1979, in Fort Pierce, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose on the denial of the Petitioner's application for a Class "G" armed guard license by the Department of State, Division of Licensing, on the grounds that Barnes' employment did not require him to be armed, that his health was not good enough, and that his firearms certificate was not received from an approved firearms instructor.

Ozell Barnes is a deaf-mute, and because of this fact the hearing was conducted by having questions and answers written, with carbon copies being provided to Barnes as the hearing progressed. Barnes was advised of his right to counsel and chose to represent himself. The Hearing Officer received assistance from Barnes' employer in interpreting his written communication.

FINDINGS OF FACT

1. Ozell Barnes applied for a license as an armed and unarmed guard. He was granted an unarmed guard license.

   
   

2. Barnes is employed as a caretaker/gardener at a nursing home for the elderly.

   
   

3. Barnes' employer has no requirement for an armed guard, and Barnes' duties do not require him to be armed.

   
   

4. Barnes is a remarkable man who, as a black deaf-mute, supports himself and his family in a regular competitive job. Because of his deafness, his written communication is often initially unclear to those not familiar with it; however, having met Mr. Barnes and having observed him during the hearing, the Hearing Officer finds that he is intelligent, well-oriented, and perceptive.

   
   

5. Barnes qualified with a pistol; however, his instructor was not approved by the Department of State, Division of Licensing, as required by the statutes and rules.

   
   

6. Barnes suffers from hypertension.

   CONCLUSIONS OF LAW

   
   

7. The law requires that a gun permit can only be issued to a person whose duties require it, and then only to a person with proper firearms training. Section 493.21(3) and (4), Florida Statutes. Mr. Ozell Barnes does not have duties that require his being armed and is not properly certified.

   
   

8. The Hearing Officer also finds that the nature of Mr. Barnes' disability is such that he has difficulty understanding what others write to him, and others have difficulty understanding what he writes to them. Mr. Barnes also lacks the ability to orally warn others of his intentions to use deadly force. These problems could lead to a tragedy in which Mr. Barnes or another could be hurt or killed.

   
   

9. Mr. Barnes does not meet the criteria of Section 493.21(4)(c)2, Florida Statutes, concerning minimal physical fitness requirements. He is a very well- adapted person, is self-sufficient, and has learned to cope with his disability very well. However, the Hearing Officer cannot jeopardize Mr. Barnes' welfare and safety by recommending that he have a gun permit at this time or in the future, even if his duties required his being armed and he received certified firearms training.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Petitioner's application for licensure as an armed guard be denied.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 21st day of December, 1979.

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 21st day of December, 1979.

COPIES FURNISHED:

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

The Capitol

Tallahassee, Florida 32301

Mr. Ozell Barnes 3009 Carver Street

Fort Pierce, Florida 33450

Docket for Case No: 79-001943

Orders for Case No: 79-001943