STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHNNIE J. WILLIAMS, JR., )

)

Petitioner, )

)

vs. ) CASE NO. 86-2475S

) STATE OF FLORIDA, DEPARTMENT ) OF STATE, DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, William J. Kendrick, held a public hearing in the above-styled case on September 2, 1986, in Miami, Florida.

APPEARANCES

For Petitioner: Jay M. Kolsky, Esquire

239 Northeast 20th Street Miami, Florida 33137

For Respondent: James V. Antista, Esquire

Senior Attorney Department of State

The Capitol, Lower Level 10 Tallahassee, Florida 32301

PRELIMINARY STATEMENT

At issue in these proceedings is whether Petitioner's application for a Class "G" license, armed guard, should be approved.

At final hearing the Petitioner testified on his own behalf, and his exhibits 1-12 were received into evidence. No further witnesses were called or exhibits offered.

The transcript of hearing was filed September 15, 1986, and the parties were allowed until September 25, 1986, within which to submit proposed findings of fact and conclusions of law. No proposed findings were filed on behalf of either party.

FINDINGS OF FACT

1. On December 6, 1985, Petitioner, Johnnie J. Williams, filed an application with Respondent, Department of State, Division of Licensing (Department), for a Class "G" armed guard license. By letter of April 30, 1986, the Department advised Petitioner that his application had been denied. Petitioner filed a timely request for formal hearing.

2. The basis of the Department's denial was predicated on its conclusion that Petitioner (a) had failed to list alias names on his application, (b) had, under an alias name of Hubert Jackson, been convicted of aggravated assault, (c) had, under an alias name of Harry Hill, been convicted of carrying a concealed firearm, unlawful possession of central nervous system stimulant, unlawful possession of narcotic drug, and unlawful possession of implements for central nervous system stimulant, (d) had failed to submit a sufficient Firearms Proficiency Certificate, and (e) did not possess a valid Class "D" license. The Department's conclusions were, however, ill founded.

   
   

3. Petitioner is not the same person as Hubert Jackson or Harry Hill, and has never been known by a name other than his own. At hearing, the Department agreed to stipulate that it had erred in attributing the offenses committed by Jackson and Hill to the Petitioner, and further agreed that Petitioner possessed a valid and current Class "D" license. With respect to the only other basis for denial, possession of a sufficient Firearms Proficiency Certificate, Petitioner's application facially complied with the Department's requirements and was not shown to be lacking in any particular. Although the reasons advanced by the Department for denial in its April 30, 1986, letter were ill founded, evidence was presented at hearing concerning three events involving Petitioner which could affect his qualification for licensure.

   
   

4. Petitioner has at various times driven a taxi cab for a living, and routinely carried a registered, but unlicensed gun in his cab for personal protection. In 1966, Petitioner was found guilty of disorderly conduct, a misdemeanor, and fined $100 for producing his gun in response to a threat to his person. While its possession in a concealed manner was not legal, the proof established that Petitioner's response was motivated by a well grounded fear that his antagonist was about to assault him with a firearm. In 1970 Petitioner was arrested and charged with carrying a concealed firearm in his taxi cab. Petitioner was found guilty of the charge, adjudication was withheld, and he was placed on one year probation with the restriction that he not carry any weapons. Petitioner successfully completed his probation, and is currently possessed of his full civil rights.

   
   

5. The final event which could bear on Petitioner's qualifications concerns a domestic disturbance which occurred between him and his wife in March or April 1986. Although Petitioner was arrested as a result of that disturbance, there is no evidence that any physical force was used upon his wife or that Petitioner possessed or exhibited any weapon during the dispute. Subsequently, what ever charges had been made against Petitioner were withdrawn, and no further action was taken.

   
   

6. While Petitioner's possession of a weapon, without proper licensure cannot be condoned, his concern for his personal safety can be appreciated. Consequently, the events detailed in paragraph 4 supra, much less the events detailed in paragraph 5 supra, do not detract from the evidence of good moral character Petitioner has been demonstrated to possess, nor his satisfaction of the licensure requirements established by Chapter 493, Florida Statutes.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

8. Petitioner has established by competent evidence that he satisfies the requirements of Chapter 493, Florida Statutes, for issuance of a Class "G", armed guard, license.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner's application be approved, and that he be

issued a Class "G", armed guard, license.

DONE AND ENTERED this 9th day of October 1986 in Tallahassee, Florida.

WILLIAM J. KENDRICK

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 9th day of October 1986.

COPIES FURNISHED:

Jay M. Kolsky, Esquire

239 Northeast 20th Street Miami, Florida 33137

James V. Antista, Esquire Senior Attorney Department of State

The Capitol, Lower Level 10 Tallahassee, Florida 32301

Honorable George Firestone Secretary of State

The Capitol

Tallahassee, Florida 32301

Thomas G. Tomasello, Esquire General Counsel

Department of State 1801 The Capitol

Tallahassee, Florida 32301

Docket for Case No: 86-002475

Orders for Case No: 86-002475