STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KERMIT WILLIAM MERSING, )

)

Petitioner, )

)

vs. ) CASE NO. 79-2389S

)

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 on the denial by the Division of Licensing of Petitioner's application for a Class F, unarmed guard license.

APPEARANCES

For Petitioner: Kermit William Mersing, pro se

301 Broome Street

Fernandina Beach, Florida 32034

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 entered into a Stipulation as follows:

1. Kermit William Mersing applied for a Class F, unarmed guard license.

   
   

2. The Division of Licensing, Department of State, denied the applicant's application for failure to disclose his arrest and conviction.

   
   

3. The applicant admits that he was arrested.

   
   

4. The applicant admits that Exhibit 1 is a full, complete and accurate record of his arrests and convictions.

   
   

5. The parties stipulate to the admission of Exhibit 1.

Based upon the foregoing Stipulation, the hearing commenced with the applicant presenting evidence regarding his character in mitigation of his failure to report his arrests on his application. The issue presented is whether the applicant falsified his application for licensure.

FINDINGS OF FACT

1. The applicant is currently employed by Central Security Patrol in Jacksonville, Florida. His supervisor testified in his behalf. Mersing is a good worker, dependable and trustworthy. His supervisor has known Mersing since his employment with Central Security six months ago. Mersing has never been cautioned or disciplined on the job and is employed at Container Corporation of American in Jacksonville, Florida.

   
   

2. The applicant testified in his own behalf. The applicant stated that he had thought that the two arrests reported on Exhibit 1 had occurred while he was a juvenile. However, the applicant stated that he was sentenced to one to ten years for this offense to the prison system of the state of West Virginia. The applicant served six months in a maximum security prison and six months in a minimum security prison prior to his parole. He was discharged from parole supervision on March 25, 1968.

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 493.08(2)(f), Florida Statutes, provides that a license shall be denied if the applicant falsifies his application. One can hardly confuse one year of imprisonment, six months of which was in a maximum security prison, with the penalties assessed for a juvenile offense. The evidence supports a conclusion that the applicant willfully failed to reveal his arrest and conviction.

   
   

4. Based upon the sentence imposed by the West Virginia courts, it is apparent the applicant was convicted of a felony offense. Conviction of a felony brings into play the provisions of Section 493.08(2)(a), Florida Statutes. This provides that a license shall be denied if the applicant's civil rights have not been restored when an applicant has been convicted of a felony in Florida or any other state. No evidence was presented that the applicant has had his civil rights restored. The failure of the applicant to have his civil rights restored is an impediment to his licensure.

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 favorable consideration be given his reapplication submitted with proof that his civil rights have been restored by the state of West Virginia in the absence of any other disqualifying grounds.

DONE and ORDERED this 5th 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 5th day of February, 1980.

COPIES FURNISHED:

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

The Capitol

Tallahassee, Florida 32301

Mr. Kermit W. Mersing

301 Broome Street

Fernandina Beach, Florida 32034

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AGENCY FINAL ORDER

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

STATE OF FLORIDA DIVISION OF STATE

KERMIT WILLIAM MERSING,

Petitioner,

vs. CASE NO. 79-2389S

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 Kermit William Mersing's application for a Class "F" unarmed guard license be denied; however, that favorable consideration be given his reapplication submitted with proof that his civil rights have been restored by the State of West Virginia in the absence of any other disqualifying grounds.

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 Kermit William Mersing, 301 Broome Street, Fernandina Beach, Florida 32034 this 29th day of February 1980.

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

Docket for Case No: 79-002389

Orders for Case No: 79-002389