STATE OF FLORIDA DEPARTMENT OF STATE

DEPARTMENT OF STATE, DIVISION OF LICENSING,

Petitioner,

vs. CASE NO.: C99-01282

D94-08184

KELLY A. RAY, CD1999-0695

Respondent.

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FINAL ORDER

This cause came before the Department of State, Division of Licensing, for consideration and final agency action. A formal administrative hearing was conducted pursuant to Section 120.57(1), Florida Statutes, on May 18, 2000, before Arnold H. Pollock, a duly assigned Administrative Law Judge of the Division of Administrative Hearings. A Recommended Order was submitted by the Administrative Law Judge on June 21, 2000, a copy of which is attached. Petitioner timely filed exceptions.

RULINGS ON EXCEPTIONS

The exceptions filed by Petitioner are accepted and fully incorporated herein by reference. Respondent's threats to kill or injure another security officer are acts of misconduct within the meaning of Section 493.6118(1)(fl, Florida Statutes.

FINDINGS OF FACT

The Department of State hereby adopts and incorporates herein by reference the Findings of Fact in the Recommended Order.

CONCLUSIONS OF LAW

The Department of State hereby adopts and incorporates herein by reference the Conclusions of Law in the Recommended Order with the exception of Conclusions of Law numbers 20 and 21 which concluded that Respondent's threats to kill or injure another security officer were not acts of misconduct under Section 493.6118(1)(f), Florida Statutes. For the reasons set forth in Petitioner's exceptions, as adopted and fully

incorporated herein by reference, those conclusions of law are rejected.

WHEREFORE, based on the foregoing, and a complete review of the record, it is ORDERED that Respondent pay an administrative fine in the amount of 1,000.00, by cashier's check or money order to the Department of State, Division of Licensing within thirty

(30) days. Failure to make timely payment shall result in the automatic suspension of any licenses issued to Respondent or the denial of any licenses applied for pursuant to Section 493.6118(6), Florida Statutes.

FURTHER, it is ORDERED that Respondent's Class "D" Security Officer License, Number D94-08184, Class "G" Statewide Firearms License, Number G95-01354, and Class EDIT Security Instructor License, Number Dl98-00070, are placed on reporting PROBATION for a period of one (1) year, the terms of which are attached and fully incorporated herein by reference.

NOTICE OF RIGHTS

This order constitutes final agency action. Any party who is adversely affected by this Order may seek judicial review under Section 120.68, Florida Statutes. Such proceedings are commenced by filing a Notice of Appeal, pursuant to Rule 9.110, Florida Rules of Appellate Procedure with the Deputy Clerk of the Division of Licensing, Department of State, The Capitol, Mail Station #4, Tallahassee, Florida 32399-0250; and by filing a copy of the Notice of Appeal, accompanied by the applicable filing fees, with he First District Court of Appeal, or with the District Court of Appeal in the appellate district where the party resides. The Notice of Appeal must be filed within thirty

(30) days of the day this Order is filed with the Clerk of the Department.

DONE AND ORDERED at Tallahassee, Florida this 18th day of August, 2000.

John M. Russi, Director Division of Licensing

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing Final Order has been sent by U.S. Mail this 18th day of August, 2000, to Leonard J. Connors, Esquire, 1007 East Reynolds Street, Plant City, Florida 33566.

Michele Guy

Assistant General Counsel Department of State Division of Licensing

The Capitol, MS No. 4 Tallahassee, Florida 32399-0250

Docket for Case No: 99-004319

Orders for Case No: 99-004319