STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

1. A. SANDERSON, SR., )

   )

   Petitioner, )

   )

   vs. ) CASE NO. 81-1532S

   )

   DIVISION OF LICENSING, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   This case was heard pursuant to notice on July 9, 1981, 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 Petitioner's applications for unarmed and armed security guard licenses because Petitioner answered "no" to Question #13 on the applications and his FBI records revealed his arrests for passing worthless bank checks and for violating the terms of his probation.

   
   

   APPEARANCES

   
   

   For Petitioner: Maurice A. Sanderson, Sr., pro se

   1251 SW Fifth Terrace

   Deerfield Beach, Florida 33441

   
   

   For Respondent: James V. Antista, Esquire

   Assistant General Counsel Department of State

   The Capitol

   Tallahassee, Florida 32301

   
   

   The parties stipulated to the introduction of Petitioner's Exhibit 1 and Respondent's Exhibit 1 through 4 as follows:

   
   

   (P-1) Character reference from probation officer;

   (R-1) Sanderson's application for unarmed guard license; (R-2) Sanderson's application for armed guard license; (R-3) Letter of denial of unarmed guard license; and

   (R-4) Letter of denial of armed guard license.

   
   

   ISSUE

   
   

   The issue is whether Petitioner falsified information on his application.

   
   

   FINDINGS OF FACT

   
   

   1. Maurice A. Sanderson applied for licensure as an unarmed guard on February 24, 1981, and for licensure as an armed security guard on March 17, 1981.

   2. On both applications Sanderson answered "no" to Question #13, "Have you ever been arrested?"

      
      

   3. Sanderson stated, and his FBI records reveal, that he was arrested on June 1, 1975; June 15, 1975; and June 19, 1975, for passing worthless bank checks. On October 26, 1977, he was arrested for violating probation and leaving the area of his probation.

      
      

   4. At the time of his original arrest in 1975, Sanderson owned his own carpet installation business and was having marital problems. Sanderson wrote two business checks for less than $50, which were not good. He also wrote a business check for payment for carpet to be installed in an office complex. The check he received in payment for this carpet was worthless, which impaired Sanderson's check. This resulted in a felony charge of passing a worthless bank check.

      
      

   5. Sanderson was placed on three years' probation without adjudication on the felony charge.

      
      

   6. In 1977, Sanderson broke the terms of his probation and left Florida because of continued problems with his wife and custody of his children. In October of that year he returned to Florida and voluntarily surrendered himself to the authorities. He was placed on an additional two years' probation without adjudication for violating the terms of his original probation.

      
      

   7. Since 1977, Sanderson has not been arrested.

      
      

   8. Sanderson stated he did not report his arrest because he was afraid he would not be hired by the company by which he is now employed, Atlas Security Service, Inc.

      
      

   9. Sanderson's supervisor, James C. Starzy, testified concerning Sanderson's performance of his duties since his employment. Sanderson was initially employed as an unarmed guard at both Century Village East and West. Approximately two months later the supervisor at Century Village West was terminated by Atlas. At that time, Sanderson was promoted to supervisor. Sanderson is a lieutenant with the agency and supervises the entire guard force at Century Village West. He is directly responsible for 35 to 46 people. He conducts their training, supervises their work and coordinates their activities with police and fire units serving Century Village West. Starzy praised Sanderson as a good worker, a responsible officer and a good supervisor. Sanderson has progressed from a wage of $3.10 per hour to approximately $550 biweekly plus a car and expenses.

      
      

   10. Starzy stated he had contacted Sanderson's probation officer when this problem arose and received a favorable report from the probation officer on Sanderson.

       
       

   11. None of the guards at Century Village West are armed.

       
       

       CONCLUSIONS OF LAW

       
       

   12. Section 493.08, Florida Statutes, provides that the Department of State shall deny licenses to applicants who have been convicted of a felony, convicted of a crime involving moral turpitude, or have falsified an application for licensure. The facts reveal that Sanderson has never been convicted of an

       offense, adjudication having been withheld. If he is to be denied, it must be for falsification of his application.

       
       

   13. Grounds exist for denial because Sanderson candidly admitted that he did not report his arrests because he was afraid Atlas would not hire him. Starzy indicated that as a rule Atlas did not hire persons with arrest records.

       
       

   14. Although the Department of State has grounds to deny Sanderson's application, it has discretion to consider Sanderson's work with Atlas and personal situation in assessing his character for purpose of licensure. Sanderson has progressed in his employment with Atlas and is doing a good job. Atlas desires to retain him as an employee. Sanderson's initial problem stemmed from his divorce in 1975. Since that time, Sanderson has remarried, has three children, owns his own home and has successfully completed his probation. There is no reason to believe that Sanderson is not possessed of good character based upon his current data. Sanderson's duties do not require that he be armed, as none of the guards at Century Village West are armed.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, and is considered of factors in mitigation, the Hearing Officer recommends that Maurice

A. Sanderson be granted licensure as an unarmed guard, and that he be advised to resubmit his application for licensure as an armed guard in accordance with the statutes.

DONE and ORDERED this 22nd day of July, 1981, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301 904/488-9675

Filed with the Clerk of the Division of Administrative Hearings this 22nd day of July, 1981.

COPIES FURNISHED:

Mr. Maurice A. Sanderson 1251 SW Fifth Terrace

Deerfield Beach, Florida 33441

James V. Antista, Esquire Assistant General Counsel Department of State

The Capitol

Tallahassee, Florida 32301

George Firestone, Secretary Department of State

The Capitol

Tallahassee, Florida 32301

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AGENCY FINAL ORDER

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

1. A. SANDERSON, SR., Petitioner,

   vs. CASE NO. 81-1532S

   
   

   DIVISION OF LICENSING,

   
   

   Respondent.

   /

   
   

   FINAL ORDER

   
   

   This cause was heard on July 9, 1981, by Stephen F. Dean, Hearing Officer of the Division of Administrative Hearings, pursuant to Section 120.57(1), Florida Statutes (1979). Pursuant to said hearing, the Hearing Officer submitted a Recommended Order on July 22, 1981, 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, the Department adopts the Findings of Fact of the Hearing Officer's Recommended Order and adopts the Conclusions of Law with the following modification.

   
   

   The Petitioner admitted passing a worthless $500 bank check. The court withheld adjudication on a felony charge and put the Petitioner on probation, which he completed successfully. The Hearing Officer concluded that the Petitioner was never convicted of a felony because adjudication was withheld and that the Division could not deny the Petitioner a license on grounds of a felony offense. The Hearing Officer's interpretation of law is not consistent with Section 493.319(1)(c), Florida Statutes, which states:

   
   

   Having been found guilty of the commission of a crime which directly relates to the business for which the

   license is held, regardless of adjudication;

   
   

   To the extent that the Hearing Officer's interpretation of law contradicts this statutory provision, it is rejected.

   The Petitioner admitted that he willfully falsified his application.

   However, the Department of State has the discretion to weigh the falsification of the application and the criminal arrest record against other evidence which reveals rehabilitation and good character. The Petitioner has a clean record since his felony arrest in 1977. He had demonstrated good character through the testimony of his employer. It appears that Petitioner is an outstanding security guard for whom his employer has very high regard. They wish to retain him as an employee. Given these extenuating circumstances:

   
   

   IT IS ORDERED THAT:

   
   

   The Recommended Order of the Hearing Officer by hereby adopted and that

   1. Sanderson's application for a Class "D", Unarmed Security Guard license, be granted. Petitioner's Class "G", Armed Security Guard license, is denied without prejudice. Petitioner is encouraged to resubmit an application for licensure as an armed guard in accordance with the statutes.

DONE and ORDERED at Tallahassee, Florida this 28 day of August, 1981.

GEORGE FIRESTONE, Secretary Department of State

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Final Order has been sent by

U.S. Mail to Mr. M.A. Sanderson, Sr., 1251 Southwest Fifth Terrace, Deerfield Beach, Florida 33441 this 28th day of August 1981.

JAMES V. ANTISTA

Assistant General Counsel Department of State

Room 106B, R.A. Gray Building Tallahassee, Florida 32301 904/487-1780

Docket for Case No: 81-001532

Orders for Case No: 81-001532