STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

WILLIE JAMES SUMMERSETT, )

)

Petitioner, )

)

vs. ) CASE NO. 82-279S

)

DEPARTMENT OF STATE, )

DEPARTMENT OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on March 24, 1982, in Miami, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose upon the denial of the Petitioner's application for an unarmed security guard license and an armed security guard license by the Division of Licensing. Denial was based upon the grounds that Petitioner:

1. Lacked good moral character;

   
   

2. Lacked fitness to carry a firearm;

   
   

3. Needed further investigating;

   
   

4. Made willful misstatements on his examination;

   
   

5. Had been guilty of crimes which related to the business for which the license is held.

The issues were framed by the letter of denial, which the parties agreed were the only grounds for denial.

APPEARANCES

For Petitioner: Willie James Summersett, pro se

2268 Northwest 51st Terrace Miami, Florida 33142

For Respondent: James V. Antista, Esquire

Department of State Division of Licensing

R. A. Gray Building, Room 106 Tallahassee, Florida 32301

Respondent submitted proposed findings of fact, conclusions of law and a proposed order. To the extent the proposed findings of fact have not been included in the factual findings in this order, they are specifically rejected

as being irrelevant, not being based upon the most credible evidence, or not being a finding of fact.

FINDINGS OF FACT

1. Petitioner applied for licensure as an unarmed security guard and an armed security guard.

   
   

2. In response to Question #13 on the application, "Have you ever been arrested?", Petitioner answered "yes" and indicated he was sentenced to 18 months for "buying and receiving" in 1971.

3. Petitioner's complete criminal record is as follows: Arrested Charge Sentenced 1967 Willful misuse without right of 1967, six months

   a motor vehicle

   
   

   1968 Willful misuse without right of 1968, two years' a motor vehicle probation

   
   

   1969	Aggravated assault			1969,	dismissed
   1969	Willful misuse without a motor vehicle	right	of	1970,	158 days
   1970	Receiving a stolen auto		1971,		18 months
   1971	Escape, auto robbery, robbery		1971, years		total 25 concurrent
   1980	Arrested auto	theft		Charge dropped
   February 1981	Possession of	a concealed	weapon	Dismissed
   February 1982	Possession of	a concealed	weapon	Pending

   
   

4. The 1967 arrest and conviction occurred when the Petitioner was approximately 16 years old. Petitioner admitted that he had taken the cars as alleged for joyriding as a youth. Petitioner explained that he was sentenced to the state correctional institution for possession of a rental car which he had borrowed from a friend, who had stolen it.

   
   

5. Petitioner admitted he had escaped from prison, had stolen a car, and had been recaptured when he ran out of gas in Perry, Florida. Petitioner served eight years in prison and two years of probation of the 25 years' sentence imposed on him.

   
   

6. Since his release from prison, the Petitioner has worked as a truck driver, roofer, security guard and mechanic. He has married and lives with his father-in-law, his wife and her two children by a previous marriage.

   
   

7. Petitioner has had his civil rights restored to him except for the right to bear arms. He has petitioned to have that right restored.

8. The Petitioner testified that he was issued a temporary pistol permit and issued a firearm by his employer, "Globe," and that he worked in an armed guard post on a building project in Miami. He worked hard as a security guard, frequently worked double shifts, had obtained two promotions, and was being considered for a third promotion when he was terminated as a result of the denial by the Division of Licensing.

   
   

9. All charges made against the Petitioner since his release from prison have been dismissed except the charge of possession of a concealed weapon made in February of 1982, which the Petitioner fully disclosed.

   
   

10. Petitioner had purchased a .38 calibre revolver, thinking that he was authorized to possess a firearm pursuant to the temporary pistol permit. It was this weapon that was discovered and for which he was charged in February of 1982. The Petitioner understood at the hearing that the temporary pistol permit did not authorize him to purchase or possess a firearm. Petitioner demonstrated a working knowledge of the limits of his authority as a security guard and secured his issued weapon in accordance with the company's rules and applicable regulations.

    
    

11. The Petitioner presented a letter from his former supervisor at Globe, attesting to his good work, and a letter from a friend and neighbor attesting to his good conduct since his release from prison.

    
    

12. Leroy Dowdell, who lives across from where the Petitioner now works, testified concerning Petitioner's reputation. Petitioner possesses a good reputation in the neighborhood. Dowdell stated he would trust the Petitioner to guard his personal property.

    
    

13. The Petitioner stated that he wanted to be licensed because he could earn good money to support himself and his family, and that a knee injury and his criminal record had kept him from finding well-paid employment. Petitioner lacks a high school education. The Petitioner stated he did not list the offenses related to his escape because they occurred while he was in jail for the offense which he did list and were part of that record. Petitioner's testimony was uncontroverted.

    
    

    CONCLUSIONS OF LAW

    
    

14. The Division of Administrative Hearings has jurisdiction to hear this cause and enter this Recommended Order pursuant to Section 120.57(1), Florida Statutes. The Department of State, Division of Licensing, is charged by Chapter 493, Florida Statutes, with regulation and licensure of unarmed and armed security guards.

    
    

15. The provisions of Section 493.306, Florida Statutes, set forth the criteria for licensure. As they relate to the licenses sought, they provide as follows:

    
    

    1. Each individual licensed by the department shall:

       1. Be at least 18 years of age.

       2. Be of good moral character. (2)(a) As used in this chapter, "good

       moral character" means a personal his- tory of honesty, fairness, and respect

       for the rights of others and for the laws of this state and nation.

       (b) The department may refuse to license an applicant for lack of good moral character only if:

       1. There is a substantial connection between the lack of good moral character of the applicant and the business for which the license is bought.

       2. The finding by the department of lack of good moral

       character is supported by clear and convincing evidence.

       * * *

       1. In addition to any other requirements, an applicant for a Class "G" license must:

          1. Satisfy minimum training criteria for firearms established by rule of the department, which shall consist of not less than 8 or more than 10 hours of range and classroom training; and

          2. Demonstrate fitness to

       carry a firearm based upon a complete background investigation by the depart- ment of the individual's police record and general character.

       
       

16. The Petitioner has a long record of arrests and convictions running from 1967 until 1971, when he received a sentence of 25 years for offenses involved in his escape attempt. He served that time, was released on parole, and satisfactorily served out his parole. Petitioner's civil rights have been restored except the right to bear arms. He has worked and supported himself and has not had any more convictions. Petitioner has worked hard as a security guard and received promotions, and he has reestablished himself as a person of good standing in the community.

    
    

17. Petitioner now has pending against him a serious charge which grew out of the issuance of a temporary gun permit and his misunderstanding of the limitations of that permit. Clearly, Petitioner is not qualified at this time to carry a firearm, because his civil right to bear arms has not been restored.

    
    

18. The Petitioner indicated that he wanted the opportunity to reestablish himself and to stay out of trouble. He has demonstrated that ability to a reasonable degree.

RECOMMENDATION

The Petitioner having established his reputation for honesty and fair dealing and respect for the law, he should be granted an unarmed security guard license; however, Petitioner's application for an armed security guard license should be denied.

DONE and ORDERED this 8th day of April, 1982, in Tallahassee, Leon County, Florida.

COPIES FURNISHED:

Mr. Willie James Summersett 2268 NW 51st Terrace Miami, Florida 33142

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

R. A. Gray Building, Room 106 Tallahassee, Florida 32301

George Firestone, Secretary Department of State

The Capitol

Tallahassee, Florida 32301

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 Division of Administrative Hearings this 8th day of April, 1982.

Docket for Case No: 82-000279

Orders for Case No: 82-000279