STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES ROBERT CROFT, )

)

Petitioner, )

)

vs. ) CASE NO. 79-2372S

)

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 Respondent's denial of the Petitioner's application for licensure as a Class G, armed guard.

APPEARANCES

For Petitioner: James R. Croft, pro se

3545 Marlboro Avenue Jacksonville, Florida

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

Assistant General Counsel Department of State

The Capitol

Tallahassee, Florida 32301

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

1. The Petitioner, James Robert Croft, applied for a Class G, armed guard license and revealed in his application a series of arrests and several convictions.

   
   

2. The Respondent, Department of State, Division of Licensing, denied Croft's application because of the applicant's failure to meet character requirements.

   
   

3. The applicant is qualified except for the specific grounds stated in the Division's letter of denial. The grounds as stated are at issue in this hearing.

4 The list of arrests attached to the application is a full and complete list of the arrests and convictions of the applicant until 1975, and the applicant has had no further arrests since that time.

5. The sole issue involved in this hearing is the character of the applicant as it relates to the issuance of a Class G, armed guard license.

Based upon the Stipulation of the parties, the applicant commenced the hearing by presenting evidence and testimony with regard to his character.

FINDINGS OF FACT

1. The facts as set forth in the Stipulation above are incorporated within the Findings of Fact in this hearing.

   
   

2. The applicant is now employed by Central Security Patrol. His supervisor in his employment as an unarmed guard has known Croft for 15 months. His supervisor's primary association and knowledge of Croft is job-related. Croft's supervisor considers Croft dependable, a good worker, and well liked by those who come in contact with him. Croft has had no problems with absenteeism from his job. Croft's further advancement within the company with which he is now employed is dependent upon acquisition of a Class G, armed guard license.

   
   

3. Croft's reputation in the community was testified to by two of his neighbors who had known Croft for three to four years. Croft's reputation in the neighborhood is good. The neighbors, who observed Croft daily, testified to Croft's habits. Croft does not drink and lives quietly with his wife of four years. Croft works in his yard and at his job.

   
   

4. Croft testified in his own behalf. Croft had a series of arrests and convictions arising out of his heavy drinking between 1963 and 1969. Croft was then arrested for driving under the influence and a moving traffic violation in May of 1975. In October of 1975, he was arrested for homicide, assault to commit murder, and discharge of a firearm. These charges were dropped. Croft stated that these charges were an outgrowth of his heavy drinking. Croft was married approximately four years ago and has not drunk alcoholic beverages for the past two years. Although Croft does not admit to alcoholism, he recognizes that his drinking was the cause of his problems and has ceased drinking. Concerning the gap in his arrest record between 1969 and 1975, Croft stated that he had drunk heavily during that period but had not been arrested.

   
   

5. Croft's supervisor testified concerning the company's policy concerning issuance and control of firearms. The company which employs Croft owns and controls all employee weapons to the extent that the company purchases any private weapon owned by an employee which the employee wishes to use on the job. Only weapons originally owned by an employee may be retained in the employee's possession and removed off a security post. All other weapons owned by the company must be retained on a security post and transferred from one guard shift to the next.

   
   

   CONCLUSIONS OF LAW

   
   

6. The only evidence against Croft is his record of arrests and convictions, which reflects his drinking and disorderly, aggressive conduct until 1975. Since 1975, Croft has not been arrested. The evidence presented reflects that since his marriage four years ago, Croft has led a quiet life and has ceased drinking. He has a good reputation in his employment and significantly has not had any absenteeism. He has a good reputation in his neighborhood. Croft has never been convicted of a felony. Croft has been arrested for a major felony involving a firearm; however, these charges were

   dropped. No additional evidence concerning the background of this arrest was introduced.

   
   

7. Section 493.08(2)(e), Florida Statutes, provides that grounds for denial of a license shall be failure to meet character qualifications. The statute provides that an applicant must be of good character but goes no further in defining what aspects of an applicant's character will be examined. Chapter 1C-3, Florida Administrative Code, is also silent with regard to character qualifications. Under the general statutory guidance, drunk and aggressive behavior would be a disqualification to issuance of a Class G, armed guard license. However, no evidence was introduced that the Petitioner has been involved in such conduct since 1975. To the contrary, evidence was presented that the applicant leads a sober, quiet life at home and is a dependable and well liked employee at work. There is at this time no impediment to the licensure of the applicant as a Class G, armed guard. In the future, should the applicant revert to his former behavior, the agency may institute revocation proceedings against him.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the applicant, James Robert Croft, be issued a Class G, armed guard license.

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

COPIES FURNISHED:

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

The Capitol

Tallahassee, Florida 32301

Mr. James R. Croft 3545 Marlboro Avenue Jacksonville, Florida

Docket for Case No: 79-002372

Orders for Case No: 79-002372