STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JUDSON DAVIS, )

)

Petitioner, )

)

vs. ) CASE NO. 80-1379S

) DEPARTMENT OF STATE, DIVISION ) OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its undersigned Hearing Officer, Michael Pearce Dodson, held a final hearing in this case on October 1, 1980, in Jacksonville, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Judson Davis, pro se

6564 Ribault Road

Jacksonville, Florida 32209

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

Assistant General Counsel Department of State

The Capitol

Tallahassee, Florida 32301

These proceedings began on February 12, 1980, 1/ when the Petitioner, Judson Davis, pursuant to Section 493.04 (2), Florida Statutes (1979) applied for a Class "F" Unarmed Security Guard License. By a letter dated June 18, 1980, from Don Hazelton, Director of the Division of Licensing, Petitioner's license application was denied and Petitioner was given notice of his right to request a hearing on that denial. In a letter dated July 12, 1980, Petitioner requested an administrative hearing on his license application. The matter was forwarded on July 16, 1980, to the Division of Administrative Hearings for the assignment of a Hearing Officer and the scheduling of a final hearing. At the final hearing, Petitioner appeared on his own behalf and presented his own testimony. The Respondent presented no witnesses but did offer Exhibits 1 and 2 into evidence which were so received.

FINDINGS OF FACT

1. On his application form Petitioner was asked if he had ever been arrested. He checked the box indicating "yes." The form further inquired "If yes, list any and all arrests and dispositions. This may or may not be grounds for denial. If additional space is required, use back of application." To that inquiry, Petitioner indicated a charge for grand theft. He did not indicate the

   disposition of the charge but did indicate a date of 1958. At the conclusion of the application form Petitioner swore that the information contained therein was true and correct.

   
   

2. Petitioner's history of arrests indicates, among others, the following: July 24, 1945 larceny of an automobile; August 31, 1945 unauthorized use of an automobile without owners consent; in addition Petitioner was convicted on July 3, 1947 for grand larceny and sentenced to the Florida State Prison for a period of two (2) years; on August 17, 1949, Petitioner was convicted of auto larceny and sentenced to the Florida State Prison for a period of three (3) years; and on March 11, 1959, Mr. Davis was convicted of robbery and sentenced to the Florida State Prison for the full term of fifteen (15) years. Mr. Davis was released from State custody in 1970. Since that time the available evidence does not indicate any further arrests or convictions of Mr. Davis.

   
   

3. At the final hearing in this case Mr. Davis testified that the reason he did not fully disclose his prior arrest record was because he thought that the disclosure of one arrest would lead the Department of State's office to his complete record. This testimony is not accepted as credible.

   
   

4. Mr. Davis is now able to vote in Florida elections.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this case. Section 120.57(1) and Section 120.65, Florida Statutes (1979).

   
   

6. Whenever pursuant to Section 493.03, Florida Statutes (1979) a person applies for a Class "F" license from the Department of State, his application shall contain a statement of any or all arrests and such further facts as may be required by the Department to show that the person signing the application is competent, honest, truthful, trustworthy, of good character and bears a reputation for fair dealing. Section 493.03(1)(d)12 and 13, Florida Statutes (1979). 2/

   
   

7. It is provided by Section 493.08(2), Florida Statutes (1979) that grounds for denial of a license shall be: (a) conviction of a felony in this or any other state where civil rights have not been restored; (b) conviction of a crime involving moral turpitude or dishonest dealings. . . (e) failure to meet character qualifications; (f) falsifying application for license. . . (h) failure to meet any qualifications or requirement prescribed in this part or for any cause which, if the applicant had already been licensed hereunder, would be grounds for revocation of such license.

   
   

8. A license may be revoked for: fraud or willful misrepresentation in an application for a license; conviction of a crime involving moral turpitude; conduct against the interest of the general public; and committing assault, battery or kidnapping or the use of force or violence on any person except in self defense. Section 493.14, Florida Statutes (1979).

   
   

9. In light of Petitioner's unrebutted testimony that he has had his right to vote restored, it is concluded that his civil rights have been restored. Section 97.041(3)(b), Florida Statutes (1979).

   
   

10. In making his application, Petitioner falsified the information contained herein by failing to fully disclose his Past arrest and conviction

    record. It furthermore appears that he has been convicted of crimes--grand larceny, larceny of an automobile and robbery--involving moral turpitude and dishonest dealings. Additionally, Petitioner's conviction of robbery indicates that he committed an assault or used force or violence against another person. For these foregoing reasons, his application for a license should be denied.

    Section 493.08(2), Florida Statutes (1979).

    
    

11. In reaching these conclusions the Hearing Officer has not forgotten that Petitioner has had no arrests or convictions since he was released from State custody in 1970. Had he voluntarily disclosed all his past arrests on the application form, his past record would not by itself disqualify him from licensure. What disqualifies him is his past record combined with his failure to be candid about it.

RECOMMENDATION

In light of the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED:

That Petitioner's application for a Class "F" Unarmed Security Guard License be denied.

DONE and RECOMMENDED this 3rd day of October, 1980, in Tallahassee, Florida.

MICHAEL P. DODSON

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

ENDNOTES

1/ According to counsel for Respondent this is the filing date indicated on the records of the Department of State.

2/ This application is governed by the Florida Statutes (1979) as the application was filed during February, 1979 prior to the revision of Chapter 493, Florida Statutes by the 1980 Florida Legislature.

COPIES FURNISHED:

Mr. Judson Davis 6564 Ribault Road

Jacksonville, Florida 32209

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

The Capitol

Tallahassee, Florida 32301

Mr. Don Hazelton, Director Division of Licensing Department of State

The Capitol

Tallahassee, Florida 32301

Docket for Case No: 80-001379

Orders for Case No: 80-001379