STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

REGINALD VON BRITT, )

)

Petitioner, )

)

vs. ) CASE NO. 79-2196S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on February 5, 1980, in Tampa, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose upon the denial by the Department of State of Von Britt's application for a Class "F" unarmed guard license for misrepresentation and falsification of his application, failure to meet character qualifications, and conduct against the interest of the public.

APPEARANCES

For Petitioner: Reginald Von Britt, pro se

2306 North Harold Street Tampa, Florida 33607

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

Assistant General Counsel Department of State

The Capitol

Tallahassee, Florida 32301 ISSUES

Prior to commencement of the hearing, the parties stipulated to the following:

1. Von Britt made an application (Exhibit 1) for a Class "F" unarmed guard license;

   
   

2. Von Britt's application was denied by the Department of State in its letter dated October 9, 1979 (Exhibit 2), on the grounds that Von Britt had been convicted of a crime involving moral turpitude, that he failed to meet character qualifications, and that he falsified his application;

   
   

3. The arrests listed in the letter of denial (Exhibit 2) are true and accurate; and

   
   

4. The applicant is qualified except for the grounds stated in the letter of denial.

FINDINGS OF FACT

1. Reginald Von Britt applied to the Department of State for a Class "F" unarmed guard license.

   
   

2. Von Britt reported only his arrest for disorderly conduct in 1977 in response to Question 13 on the application.

   
   

3. The Department denied Von Britt's application on the grounds that he was convicted of a crime involving moral turpitude, that he failed to meet character qualifications, that he misrepresented himself and falsified his application, and that his conduct was against the interest of the public.

   
   

4. Von Britt admitted that he had been arrested on the occasions indicated in the letter of denial (Exhibit 2) and had been convicted of the offenses charged.

   
   

5. Von Britt stated, and his testimony is accepted, that he was told not to report his entire criminal record by the representative of his employer who helped him fill out his application because it would result in denial of his license.

   
   

6. Of the crimes for which Von Britt was arrested, assault and battery, procuring for prostitution, and felony passing of worthless bank checks are crimes involving moral turpitude and reflect adversely on Von Britt's character.

   
   

   CONCLUSIONS OF LAW

   
   

7. The application of Von Britt was denied because he misrepresented his qualifications and falsified his application, was convicted of a crime involving moral turpitude, and engaged in conduct against the public interest contrary to Sections 493.08 and 493.14, Florida Statutes.

   
   

8. The facts reveal that Von Britt was influenced to delete portions of his arrest record by a representative of his employer. This conduct benefits the employer who obtains temporary help, but is inherently unjust because it results in the denial of the application by the Department for falsification often when the applicant would have been licensed had there been full disclosure. Because applicants for licensure are generally also applicants for employment, there is a subtle coercion to follow the advice of the employer or his representative. Given these circumstances, the applicant's falsification of the application is substantially mitigated. However, in this instance additional grounds for denial have been raised.

   
   

9. Von Britt's application was also denied for conduct against the interest of the general public contrary to Section 493.14, Florida Statutes. This provision is less than clear as to the proscribed conduct; however, the Hearing Officer construes this to be limited to conduct under color of licensure which, while not criminal, would be contrary to public policy. There is no allegation of such conduct against the applicant.

   
   

10. Finally, the application of Von Britt was denied on the grounds that he had been convicted of crimes involving moral turpitude and failed to meet the character qualifications contrary to Section 493.08, Florida Statutes. Von Britt was found guilty of assault and battery, procuring for prostitution and felony passing worthless bank checks. Taken as a whole, these offenses reflect adversely on the moral rectitude of the applicant. Procuring for prostitution

    is a crime of moral turpitude. Presumptively, any felony is a crime of moral turpitude. The pattern of arrests indicates that Von Britt has been involved in petty crime since 1975. Taken as a whole, the applicant fails to meet the qualifications for licensure expressed in Section 493.08(1) of good character and integrity.

    
    

11. Von Britt stated that he sought this employment as a means of avoiding the problems which he had had. This is admirable, and should be and is commended. The applicant should continue to amend his conduct and build a new reputation upon which to reapply. However, the record reflects that his last arrest was on August 4, 1979, and a greater period of time will be required to establish his credentials of good character. Von Britt apparently realizes that steady employment, avoidance of lawlessness, and breaking away from a pattern of living and behavior are necessary to re-establish his good character. While denial of this license may prevent his employment as a security guard, there are other jobs offering equal if not greater opportunity. Upon establishing a clean record for a sufficient time to establish the alteration of way of living, Von Britt may wish to reapply.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of State deny the application of Reginald Von Britt for licensure as a Class "F" unarmed security guard.

DONE and ORDERED this 21st 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

COPIES FURNISHED:

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

The Capitol

Tallahassee, Florida 32301

Mr. Reginald Von Britt 2306 North Harold Street Tampa, Florida 33607

Docket for Case No: 79-002196

Orders for Case No: 79-002196