STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF STATE, )

DIVISION OF LICENSING, )

)

Petitioner, )

)

vs. ) CASE NO. 93-3926

)

GEORGE E. STEPHANOU, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice the Division of Administrative Hearings by its duly designated Hearing Officer, K. N. Ayers, held a formal hearing in the above- styled case on October 26, 1993 at Tampa, Florida.

APPEARANCES

For Petitioner: Henri Cawthon, Esquire

Department of State

The Capitol, Mail Station #4 Tallahassee, Florida 32399-0250

For Respondent: George E. Stephanou, pro se

24195 U.S. 19 North, Lot 444

Clearwater, Florida 34623 STATEMENT OF THE ISSUES

Whether Respondent violated Section 493.6118(1)(i), Florida Statutes by impersonating a police officer.

PRELIMINARY STATEMENT

By administrative complaint dated June 15, 1993 the Department of State, Division of Licensing, Petitioner, seeks to revoke, suspend, or otherwise discipline the license of George E. Stephanou, Respondent, as a Class "D" Security Officer. As grounds therefor it is alleged that on or about April 7, 1993 Respondent impersonated a police officer. Respondent requested a formal hearing to challenge this charge and these proceedings followed. At the hearing Respondent stipulated that he was licensed as alleged. Petitioner called one witness; Respondent testified in his own behalf and four exhibits were admitted into evidence. Proposed findings have been submitted by Petitioner. Treatment accorded those proposed findings is contained in the appendix attached hereto.

FINDINGS OF FACT

1. At all times relevant hereto the Respondent was licensed as a Class "D" Security Officer and held license No. D92-09970.

   
   

2. On April 7, 1993 Detective Janice Shine, a deputy sheriff with the Pinellas County Sheriff's office, left her office around 11:00 p.m. driving a 1984 Oldsmobile which was unmarked but not fully equipped to serve as a police vehicle. This was a spare vehicle owned by the Pinellas County Sheriff's office.

   
   

3. While Detective Shine was stopped at a stoplight on Ulmerton Road in the left hand lane, Respondent pulled alongside of her vehicle in the center lane. When the light changed, both cars proceeded straight ahead. Respondent pulled in front of Shine's vehicle and slowed down. Shine passed him on the right, and when she did, Respondent indicated for her to pull over to the side of the road.

   
   

4. Shine testified that Respondent told her that he was a police officer and that she was speeding. Shine replied that she was a deputy sheriff and for him to grow up. Respondent continued to follow Shine and motioned for her to pull off the road.

   
   

5. Detective Shine used her radio to call for back up, and further down Ulmerton Road she did pull off the road. Respondent pulled up behind her.

   
   

6. Detective Shine emerged from her car with her sheriff's badge in her hand and proceeded toward Respondent's car. Respondent got out of his car with flashlight in hand and accused Detective Shine of driving while intoxicated.

   
   

7. Shortly after these two vehicles stopped, approximately four cars carrying deputy sheriffs and/or police pulled up at the scene. Respondent repeated his accusations against Detective Shine and requested she be given a sobriety test. The officers talked to Shine out of the presence of Respondent, then arrested Respondent on charges of impersonating a police officer.

   
   

8. At this time Respondent was dressed in a khaki shirt which was part of his security officer's uniform, with the name of the company for whom he was working on the front of the shirt and an American flag on the shoulder.

   
   

9. Respondent was subsequently tried in the criminal court in Pinellas County on charges of falsely impersonating an officer and was found not guilty.

   
   

   CONCLUSIONS OF LAW

   
   

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

    
    

11. Section 493.6118(1)(i), Florida Statutes provides that disciplinary action may be taken by the Department against any licensee regulated by this chapter for impersonating a law enforcement officer.

    
    

12. Respondent is a licensee regulated by this chapter and the sole issue for resolution is whether Respondent told Detective Shine that he was a police officer as she alleges or that he only told her to pull her car off the road because he thought she was driving while under the influence.

13. While testifying Respondent presented the appearance of a sincere, albeit somewhat misguided, citizen who truly believed at the time that Detective Shine was intoxicated and that she was likely to become involved in a traffic accident. The fact that Respondent was very likely wrong in his perception of the situation does not change his actions from naive to venal. This is illustrated by Respondent's awaiting the arrival of other police officers after he and Shine had stopped and Shine had shown him her deputy sheriff's badge.

    His testimony that he requested Shine be given a sobriety test was not rebutted.

    
    

14. From the foregoing it is concluded that Respondent did not state that he was a police officer and, therefore, did not impersonate a police officer.

RECOMMENDATION

It is

RECOMMENDED that the Administrative Complaint filed against George Stephanou be dismissed.

DONE AND ENTERED this 8th day of November, 1993, in Tallahassee, Florida.

K. N. AYERS Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of November, 1993.

APPENDIX TO RECOMMENDED ORDER, DOAH NO. 93-3926

Proposed findings submitted by Petitioner are accepted except:

(2) Latter part of sentence starting with "told her".

(6) Rejected that Respondent told Shine he was a police officer.

(10) Rejected that Respondent had emergency lights. Detective Shine testified he turned on and off his high beams.

(12) Rejected that Respondent used his flashlight in an intimidating manner.

COPIES FURNISHED:

Henri Cawthon, Esquire Department of State

The Capitol, Mail Station #4 Tallahassee, Florida 32399-0250

George E. Stephanou

24195 U.S. 19 North, Lot 444

Clearwater, Florida 34623

Honorable Jim Smith Secretary of State Department of State The Capitol

Tallahassee, Florida 32399-0250

Phyllis Slater, General Counsel Department of State

The Capitol, PL-02

Tallahassee, Florida 32399-0250

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 93-003926

Orders for Case No: 93-003926