STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF STATE, ) DIVISION OF LICENSING, )

)

Petitioner, )

)

vs. ) CASE NO. 94-4359

)

LETROY ALTIDOR, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was conducted in this case before Michael M. Parrish, a duly designated Hearing Officer of the Division of Administrative Hearings, on October 21, 1994, by means of videoconference with the Hearing Officer in Tallahassee and the parties and witnesses in Miami, Florida.

APPEARANCES

For Petitioner: Kristi Reid Bronson, Esquire

Assistant General Counsel Department of State Division of Licensing

The Capitol, Mail Station No. 4 Tallahassee, Florida 32399-0250

For Respondent: Mr. Letroy Altidor

12300 Northeast 4th Avenue, No. 323

Miami, Florida 33161 STATEMENT OF THE ISSUE

This is a license discipline case in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations that the Respondent performed the services of a security officer after the expiration of his Class "D" Security Guard License.

PRELIMINARY STATEMENT

At the formal hearing on October 21, 1994, the Petitioner presented the testimony of two witnesses and offered two exhibits. The Respondent testified on his own behalf, but did not call any other witnesses. The Respondent also offered one composite exhibit.

At the conclusion of the hearing, the parties were allowed fourteen days within which to submit their proposed recommended orders. Neither party ordered a transcript of the proceedings at hearing. On November 4, 1994, the Petitioner filed a timely proposed recommended order containing proposed findings of fact

and conclusions of law. The substance of all findings proposed by the Petitioner has been incorporated into the Findings of Fact which follow. As of the date of this Recommended Order, the Respondent has not filed a proposed recommended order or any other post-hearing document.

FINDINGS OF FACT

1. Respondent's Class "D" Security Guard license expired on September 10, 1993.

   
   

2. On or about October 29, 1993, Respondent was employed by Thoney Georges Investigations.

   
   

3. During the period October 29 through November 2, 1993, Respondent performed the duties of a security officer after expiration of his Class "D" license.

   
   

4. On November 3, 1993, Respondent renewed his Class "D" Security Guard license.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. Section 493.6118(1)(g), Florida Statutes, authorizes the Department of State to take disciplinary action against any person "conducting activities regulated under this chapter without a license . . . ." Inasmuch as the Respondent's license expired on September 10, 1993, and was not renewed until November 3, 1993, the Respondent was in violation of the quoted statutory provision when he worked as a security guard during the period from October 29, 1993, through November 2, 1993.

   
   

7. Section 493.6118(2), Florida Statutes, authorizes the Department of State to impose any of the following penalties upon proof of any of the violations itemized in Section 493.6118(1), Florida Statutes:

   
   

   1. Deny an initial or renewal applica- tion for license.

   2. Issue a reprimand.

   3. Impose an administrative fine not to

      exceed $1,000 for every count or separate offense.

   4. Place the licensee on probation for a period of time and subject to such conditions as the department may specify.

   5. Suspend or revoke a license.

RECOMMENDATION

Upon consideration of all of the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued in this case concluding that the Respondent is guilty of having violated Section 493.6118(1)(g), Florida Statutes, and imposing the following penalty: issuance of a reprimand and imposition of an administrative fine in the amount of one hundred dollars ($100.00).

DONE AND ENTERED in Tallahassee, Leon County, Florida, this 16th day of November 1994.

MICHAEL M. PARRISH

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 16th day of November 1994.

COPIES FURNISHED:

Kristi Reid Bronson, Esquire Assistant General Counsel Department of State

Division of Licensing The Capitol, M.S. #4

Tallahassee, Florida 32399-0250

Mr. Letroy Altidor

12300 N.E. 4th Avenue, #323

Miami, Florida 33161

The Honorable Jim Smith Secretary 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: 94-004359

Orders for Case No: 94-004359