STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JESSIE JAMES THOMPSON, )

)

Petitioner, )

)

vs. ) CASE NO. 79-2491S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on February 6, 1980, in Fort Lauderdale, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose on the denial by the Department of State of Thompson's application for licensure as a Class "F" unarmed guard because of his alleged falsification of his application.

APPEARANCES

For Petitioner: Jessie J. Thompson, pro se

2212 North Tamarind Avenue West Palm Beach, Florida

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. Jessie James Thompson applied for a Class "F" unarmed guard's license, Exhibit 1.

   
   

2. The Department denied Thompson's application because he had failed to report his arrests as required in Question 13 of the application.

   
   

3. The arrests in 1967 and 1978, referenced in the letter of denial, Exhibit 2, are true and accurate.

   
   

4. Except for the grounds stated in the letter of denial, the applicant is otherwise qualified for licensure.

Based on the Stipulation, the sole issue is whether Thompson falsified his application and misrepresented his qualifications on his application.

FINDINGS OF FACT

1. Jessie J. Thompson applied for licensure as an unarmed guard (Class "F" licensure).

   
   

2. Thompson advised his employer's representative, Mr. Highsmith, that he had been arrested in 1967 and 1978. Highsmith checked "no" in answer to Question 13 on the application and advised Thompson that if he reported his arrests his application would be denied.

   
   

   CONCLUSIONS OF LAW

   
   

3. The basis for denial of Thompson's application for licensure is that he falsified his application contrary to Section 493.08(1)(f), Florida Statutes, and willfully misrepresented his qualifications contrary to Section 493.14(1)(a). A representative of the applicant's employer answered Question 13 for the applicant, knowing the answer was false. This benefits the employer because he can use the applicant's services temporarily until the application is denied. However, it is unjust to the applicant, who will appear to have falsified his application and who then loses his job. Given this set of facts, the false answer to Question 13 of the application cannot be attributed to the applicant. The applicant did not falsify his application or misrepresent his qualifications contrary to Sections 493.08 and 493.14, Florida Statutes.

   
   

4. While the arrest of Thompson in 1978 was for aggravated assault, and he was convicted and placed on probation for one year, this was not raised as a basis for denial. These findings and conclusions are limited to the issues presented on the parties' stipulation.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of State approve the application of Jessie James Thompson for licensure as a Class "F" unarmed guard.

DONE and ORDERED this 15th 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 15th day of February, 1980.

COPIES FURNISHED:

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

The Capitol

Tallahassee, Florida 32301

Mr. Jessie J. Thompson 2212 North Tamarind Avenue West Palm Beach, Florida

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

AGENCY FINAL ORDER

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JESSIE JAMES THOMPSON,

Petitioner,

vs. CASE NO. 79-2491S

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. As a result of 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; Exceptions were filed by the Division of Licensing.

Therefore, after consideration of' the Recommended Order and Exceptions thereto IT IS ORDERED THAT:

The Findings of Fact of the Hearing Officer which were based upon the stipulations entered into by the parties as reflected in the Recommended Order are hereby adopted as the Department's own. The Conclusions of Law and the proposed Order are rejected.

The Hearing Officer's conclusion of law that because the applicant's employer rather than the applicant had checked the box on the application indicating that applicant had never been arrested in some way excuses the applicant from responsibility for misrepresentation cannot stand. Section

493.08(2)(f), Florida Statutes, provides that falsification of an application for license shall be grounds for denial of same; Section 493.14(1)(a), Florida Statutes, likewise gives the Department authority to deny a license on the basis of willful misrepresentation in an application for a license. There is no question in this case but that the representation that the applicant had never been arrested was false or that the applicant himself signed the application.

Florida law is clear that "one who affixes his signature to a written instrument will be prima facie presumed, in the absence of proof of fraud, to have intended thereby to authenticate and become bound by the contents of the instrument so signed." New York Life Ins. Co. v. Tedder, 153 So. 145 (Fla.

1933) To permit a party to admit that he signed an agreement but to deny that it expresses the terms and conditions he made or to allow him to admit that he signed it but did not read it or know its stipulations would absolutely destroy the value of all agreements. Pepple v. Rogers, 140 So.205 See also 29 Am.

Jur.2d, Evidence, 221 and 17 Am. Jur.2d Evidence, 149. The Department, therefore, adopts the following:

CONCLUSIONS OF LAW

The applicant, Jessie J. Thompson, falsified his application contrary to Section 493.08(1)(f), Florida Statutes, and willfully misrepresented his qualifications contrary to Section 493.14(1)(a), Florida Statutes. The fact that a representative of the applicant's employer answered Question 13 for the applicant knowing the answer was false is immaterial. The applicant signed the application and is responsible for the contents thereof regardless of who actually filled out the application.

ORDER

Based upon the Findings of Fact and the Conclusions of Law adopted by the Department, Jessie J. Thompson's application for a Class "F" unarmed guard license is hereby denied.

DONE AND ORDERED at Tallahassee, Florida this 1st day of April 1980.

GEORGE FIRESTONE, Secretary Department of State

Docket for Case No: 79-002491

Orders for Case No: 79-002491