STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PAUL E. KANE, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1117S

) SECRETARY OF STATE, DIVISION OF ) LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, this cause was heard by Linda M. Rigot, the assigned Hearing Officer of the Division of Administrative Hearings, on July 25, 1980, in Tampa, Florida.

The Petitioner, Paul E. Kane, represented himself. W. J. Gladwin, Jr., Esquire, Tallahassee, Florida, appeared on behalf of the Respondent, Secretary of State, Division of Licensing.

Petitioner timely requested a hearing on the Respondent's denial of his application for a Class "F" Unarmed Security Guard License. Respondent's denial was based upon Petitioner's conviction of a felony in this or any other state where civil rights have not been restored, conviction of a crime involving moral turpitude or dishonest dealings, failure to meet character qualifications, fraud or willful misrepresentation in his application for a license, and Petitioner's being guilty of conduct against the interest of the general public. The issue to be determined is whether Petitioner's application for licensure should be approved.

The Petitioner testified on his own behalf and presented the testimony of Theodore Charles Tucker, Jr.

FINDINGS OF FACT

1. On October 31, 1979, Petitioner signed, under oath, Respondent's application form for an unarmed guard license, swearing that the information contained in the application is true and correct.

   
   

2. In answer to Question 2 of the application, Petitioner gave his name as Paul Edward Kane. Question 3 of the application reads: "Have you ever been known by any other name other than that given above?" Petitioner answered in the affirmative and listed the following names: Consumer Credit Corp., Walter

   D. Wadsworth, Mr. E. Samuels, M. Ross, Mr. Frank, and "others." He did not advise Respondent that he had used the name Paul E. Smith both in Tampa and while he was in the U.S. Army. He additionally failed to list the name Paul H. Smith, although he has also used that name.

3. Question 9 of the application form requests an applicant's date of birth. Petitioner gave his as January 18, 1926. Although that is his actual birth date, he has also used January 18, 1930, as a birth date while in the military service, and has used others from time to time.

   
   

4. Question 12 of the application form requests information regarding military service. Petitioner advised that he had served in the U.S. Army from September, 1947, through November, 1953, and had received an honorable discharge. He neglected to advise Respondent that he had served on two occasions and had received two discharges. One of those discharges was a dishonorable discharge resulting from a court martial conviction on charges in Japan, which dishonorable discharge apparently was later changed to a general discharge. His other term of service did result in an honorable discharge.

   
   

5. Question 13 on the application form requires a listing of all arrests. Petitioner advised that he had been arrested for driving while intoxicated in 1975 and in 1977, and had been fined as a result of each of those arrests. Petitioner withheld any mention of the following arrests: 1952, robbery and assault with a deadly weapon; 1952, robbery and assault with a deadly weapon; 1954, contributing to the delinquency of a minor; 1954, violation of probation resulting from one of his robbery and assault with a deadly weapon arrests; 1963, destroying personal property; 1971, two separate arrests involving four worthless checks; 1972, rape; 1973, worthless check; 1977, forgery; and 1979, two counts of violation of probation. He has also been arrested for driving without a license.

   
   

6. While in the military service, Petitioner was charged with assaulting a Japanese national by shooting him in the face with a pistol. A court martial sentenced him to two and one-half years imprisonment.

   
   

7. Petitioner is presently on probation pursuant to a worthless check conviction, and his probationary period will not terminate until October 31, 1982.

   
   

8. Although not all of the arrests listed above resulted in a conviction, Petitioner was minimally convicted of one of the 1971 worthless check charges and of the charges against him while he was in the military service.

   
   

9. Petitioner's witness had no personal knowledge of Petitioner's application, his character, or his history.

   
   

   CONCLUSIONS OF LAW

   
   

10. Sections 493.08(2) and 493.14(1), Florida Statutes (1979), set forth specific grounds for denial of licensure, and Respondent relied upon five of the statutory grounds in denying Petitioner's application for licensure. Although several of the statutory grounds for denial concern themselves, rightfully so, with convictions, Respondent's application form broadens legal requirements by requiring an applicant to "list any and all arrests and dispositions." Clearly, Petitioner's application was replete with fraudulent or willful misrepresentations by his intentional withholding of information regarding names used by him, birth dates used by him, his military service record, his current probationary status, and his extensive arrest history. Competent, substantial evidence was presented, through Petitioner's own testimony, to support denial of Petitioner's application on the following grounds: failure to meet character qualifications, fraud or willful misrepresentation in application for or in obtaining a license, and conduct against the interest of the general public.

    Additionally, Petitioner's worthless check conviction and his conviction on the military charges support the fourth statutory ground for denial relied upon by Respondent, conviction of a crime involving moral turpitude or dishonest dealings.

    
    

11. Respondent's failure to prove the fifth statutory ground for denial, conviction of a felony in this or any other state where civil rights have not been restored, is immaterial since any one of the four grounds proven by Respondent is sufficient to constitute a proper basis for denial of Petitioner's application for licensure.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED THAT:

A Final Order be entered denying Petitioner's application for a Class "F" Unarmed Security Guard License.

RECOMMENDED this 27th day of October, 1980, in Tallahassee, Florida.

LINDA M. RIGOT

Hearing Officer

Division of Administrative Hearings Department of Administration

Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 27th day of October, 1980.

COPIES FURNISHED:

Mr. Paul E. Kane 4621 Pearl Street

Tampa, Florida 33611

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

The Capitol

Tallahassee, Florida 32301

The Honorable George Firestone Secretary of State

State of Florida The Capitol

Tallahassee, Florida 32301

Docket for Case No: 80-001117

Orders for Case No: 80-001117