Findings Of Fact Petitioner is 37 years old. In 1985 and 1986, he was employed as a security guard in Cocoa, Florida. On October 17, 1968, he was arrested in Brevard County, Florida, and charged with a felony -- breaking in and entering with an intent to commit the misdemeanor of petit larceny. Petitioner and a friend had broken into a laundromat with the intent to break into a soda machine. Petitioner pled guilty to the felony. He was adjudicated guilty and sentenced to five years imprisonment. Shortly thereafter, the sentence was set aside, and Petitioner was placed on probation. Petitioner was arrested for separate violation of the terms of his probation on November 6, 1969; August 18, 1970; January 3, 1977; and January 17, 1977. He was also arrested on May 29, 1974, in Melbourne, Florida, and charged with disorderly conduct -- prowling. Shortly after the May, 1974, arrest, Petitioner was referred to Brevard County, Division of Mental Health, for treatment. He was committed to the state mental health facility at Chattahoochee, Florida for further treatment at that time. Respondent's civil rights have never been restored after the felony conviction in 1968. On July 17, 1986, Petitioner executed his Application for Unarmed Guard License, the denial of this application resulted in the present hearing. In response to Question No. 13, which requires that the applicant list all arrests, Petitioner listed only "Breakin & Enting" (sic) in December, 1966 (sic).
Recommendation Based on the foregoing, it is hereby RECOMMENDED that Respondent enter a Final Order denying Petitioner's application for a Class "D" license as an unarmed guard under Chapter 493, Florida Statutes. ENTERED this 30th day of December, 1987, in Tallahassee, Florida. ROBERT E. MEALE 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 30th day of December, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-3005S TREATMENT ACCORDED RESPONDENT'S PROPOSED FINDINGS OF FACT Findings 1, 4, 5, 6, 7, 8 and 9 are accepted. Findings 2 and 3 are rejected in part as not supported by the evidence adduced at the hearing. COPIES FURNISHED: Ken Rouse, Esquire General Counsel Department of State 1801 The Capitol Tallahassee, Florida 32399 R. Timothy Jansen, Esquire Department of State Division of Licensing The Capitol, M.S. 4 Tallahassee, Florida 32399 Grady Griffis, Jr. 255 West Lucas Road Apartment No. E-322 Merritt Island, Florida 32952
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Petitioner be issued a Class "F" Unarmed Guard License. Upon certification of his employer that his duties require him to be armed, the Hearing Officer recommends that the agency issue the Petitioner a Class "G" Armed Guard License. The Hearing Officer further recommends that the agency adopt a rule restricting all guard agencies from utilizing armed guards where the nature of their assigned duties does not warrant the use of a firearm to carry out their assignment. DONE and ENTERED this 24th day of August, 1979, in Tallahassee, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of August, 1979. COPIES FURNISHED: W.J. Galdwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, FL 32301 John F. Cuddy, Esquire 333 East Bay Street Jacksonville, FL 32202
Findings Of Fact Herbert L. Lambert is a 24-year-old whit male. He is a high school graduate and able to read and write. On August 18, 1982, Lambert applied for licensure as an unarmed guard. On November 18, 1982, the Department of State denied Lamberts application for licensure: (a) because of fraud and misrepresentation on his application by failing to report his arrests on March 26, 1981, for larceny, and on April 9, 1982, for burglary of a conveyance; and (b) because he was found guilty of petit larceny on April 17, 1981, an offense which relates to the business for which the license is sought. The Department's denial was on the 92nd day after Lambert applied for licensure. Lambert was arrested on March 26, 1981, for petit larceny, and on April 9, 1982, for burglary of a conveyance, in Dade County, Florida. On April 17, 1981, he was convicted in Dade County, Florida, of petit larceny in March of 1981 and placed on 12 months probation. The offense of which Lambert was found guilty directly relates to the license which he seeks. The charges relating to his second arrest were nolle prossed. Lambert did not report these arrests because he was afraid it would prejudice his application for licensure as an unarmed guard.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is found that Herbert L. Lambert was licensed as an unarmed guard by operation of law. The agency must issue the license and, if it feels it necessary, proceed to revoke it. DONE and RECOMMENDED this 15th day of April, 1983, in Tallahassee, Leon County, Florida. 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 of Administrative Hearings this 15th day of April, 1983. COPIES FURNISHED: Mr. Herbert Lambert, Jr. 8600 East Dixie Highway Miami, Florida 33138 Stephen Nall, Esquire Office of General Counsel Department of State The Capitol Tallahassee, Florida 32301 The Honorable George Firestone Department of State The Capitol Tallahassee, Florida 32301
The Issue The issue is whether respondent should be disciplined for allegedly operating various security services without a license as charged in the administrative complaint.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: On April 25, 1989, petitioner, Department of State, Division of Licensing (Division), received by mail from an anonymous source a copy of a business card reflecting the name of respondent, Robert D. Wingard, and another individual, and indicating that respondent provided the following services: "Executive & V. I. P. Protection, Undercover Investigation, Alarm Technology, Bonding & Courier Work." The card further represented that Wingard held "Lic. No. 34882-809099." The card listed Wingard's address as 4419 Melbourne Street, Punta Gorda, Florida. After receiving the card, a Division investigator, Daniel J. Cabrera, interviewed respondent in Punta Gorda on May 11, 1989. During the course of the interview, respondent acknowledged to Cabrera that he operated a private investigative service, performed the services of a private investigator, operated a security guard agency and performed the services of a security guard, all under the name of Security Enforcement Specialists. However, Wingard maintained he had all necessary licenses from the state. According to Charlotte County records, Wingard applied for and was issued an occupational license by that county on June 18, 1988. The administrative complaint has used that date as the date on which Wingard commenced providing the above services. An examination of Division records indicated that Wingard did not hold those licenses needed to operate the services described in finding of fact 2. Therefore, all services being provided by Wingard were performed without the proper licensure from the state.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered dismissing with prejudice the administrative complaint issued against respondent. DONE AND ENTERED this 27th day of December, 1989, in Tallahassee, Leon County, Florida. Donald R. Alexander 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 27th day of December, 1989.
Findings Of Fact In his application for unarmed guard license, the Petitioner was requested to list all arrests and the dispositions thereof. In response to this inquiry the Petitioner recited that he was arrested in 1973 for discharging a firearm, and that he paid a fine. At the hearing it was established that the Petitioner had been arrested and found guilty on numerous occasions from 1942 through 1972 for drunkenness, profanity, burglary, and reckless display of a firearm. He spent time in jail on some of these charges, and time on probation. The Petitioner is a reformed alcoholic. He stopped drinking approximately five years ago, and is now married with two young children. He has had no difficulties with law enforcement agencies since he stopped drinking alcoholic beverages. The Petitioner has made a sincere effort to reform himself, and it appears that he is succeeding in accomplishing that. The Petitioner has been working as an unarmed guard for some months under a temporary permit, and there is no evidence to establish that he has not performed his duties satisfactorily. When the Petitioner was filling out his application for license, he asked a representative of his employer how he should respond. He told the representative that he had been arrested numerous times. This individual told the Petitioner that reflecting the single 1973 arrest was adequate. The Petitioner felt that the inquiry related only to Florida offenses, and most of his law enforcement problems have occurred in the State of Tennessee. It does not appear that the Petitioner willfully falsified the application, but rather that he was mistaken, partially as a result of information that was given him by a person he was entitled to believe would understand the question.
The Issue The issue presented is whether Respondents were negligent by failing to provide proper supervision and control of two security guard employees, as alleged in the Administrative Complaint filed against them, and, if so, what disciplinary action should be taken against them, if any.
Findings Of Fact At all times material hereto, Respondent U.S. Security has held a Class "A" Private Investigative Agency License No. A00-01448; a Class "B" Watchman, Guard or Patrol Agency License No. B00-01042; and a Class "DS" Guard School License No. DS89-00077. At all times material hereto, Respondent Bahram Sedaghat has held a Class "C" Private Investigator License No. C87-00645, a Class "DI" Guard Instructor License No. DI89- 00275, a Class "G" Statewide Gun Permit No. G88-00869, and a Class "M" Manager License No. M90-00046. At all times material hereto, Respondent Bahram Sedaghat has been the Vice-President of Respondent U.S. Security, and Juan Cabrera and Octavio Valdez were employees of Respondent U.S. Security. At all times material hereto, Respondent U.S. Security has provided supervision of its security guards (including Cabrera and Valdez) through patrol supervisors, assistant area managers, and area managers. Pursuant to that three-tier level of supervision, every guard post was checked by a supervisor almost every night as part of Respondent U.S. Security's regular supervisory procedures. For several years, Respondent U.S. Security had in effect a contract with Flamingo Plaza, an industrial complex in Hialeah, Florida, to provide unarmed guard services to Flamingo Plaza. That contract was in effect on October 23, 1989. When Cabrera was first employed by Respondent U.S. Security, he was assigned to perform unarmed guard services at a construction site for the Carnival Cruise Lines building. On his first day at that post, construction workers noticed that he was armed. When Brian Pierce, the area manager, came to the post approximately one hour later, the construction workers advised Pierce that Cabrera was armed. Pierce immediately reprimanded Cabrera, reminding Cabrera that the post was an unarmed guard post and that Cabrera was prohibited from being armed while on duty at that post. He made Cabrera lock his gun in his car. Thereafter, no one saw Cabrera with a firearm at that unarmed post. Cabrera was subsequently reassigned to perform guard services at the unarmed guard post located at Flamingo Plaza. On his first day at that assignment, James Cee, the property manager at Flamingo Plaza, saw Cabrera with a firearm while on duty and reported that to Brian Pierce. Pierce reprimanded Cabrera in front of Cee and instructed him not to return to the post with a firearm since it was an unarmed post. Thereafter, there were no further complaints regarding Cabrera carrying a firearm while at Flamingo Plaza although Cabrera continued his assignment at Flamingo Plaza for approximately three or four more months. After Pierce reprimanded Cabrera for appearing at Flamingo Plaza on his first day with a firearm, however, on one occasion Mark McCray, the assistant area manager, saw Cabrera at Flamingo Plaza wearing a jacket while on duty. Visible below the jacket was the bottom of a holster. Cabrera was specifically ordered by McCray not to wear a holster while on duty at an unarmed post. Cabrera was not armed on that occasion. There were no other reports that Cabrera wore a holster at Flamingo Plaza on any other occasion. On October 23, 1989, a shooting incident involving Cabrera took place at the Flamingo Plaza. Upon being notified of the incident Respondent U.S. Security immediately suspended Cabrera and fired him on the following day. Criminal charges were filed against Cabrera based on that shooting incident, and those charges remained pending at the time of the final hearing in this cause. Petitioner immediately conducted an investigation of the incident and of Respondent U.S. Security's procedures for supervision of its unarmed guard employees. At the conclusion of the investigation, Petitioner determined there were no violations of the statutes regulating the security guard industry and closed its file. Thereafter, Cabrera, while the criminal charges were pending against him, appeared on television and gave statements which directly contradicted the evidence obtained by Petitioner in its investigation. As a result of those statements made by Cabrera and pressure exerted by the news media, Petitioner reopened its investigation and subsequently issued the Administrative Complaint which is involved in this proceeding. Respondents were not aware that Juan Cabrera or Octavio Valdez had firearms in their possession while on duty on October 23, 1989, when their assigned duties did not require firearms. Further, there is no reason that Respondents should have known that Cabrera or Valdez had firearms in their possession on that occasion. It is standard procedure for Respondent U.S. Security's supervisors to provide all security guards with "post orders" prior to each guard beginning a new post assignment. Among other things, this document notifies the guard as to whether the post calls for armed or unarmed personnel. Respondent U.S. Security ensures that the guard reads and understands the post orders prior to beginning his shift. On October 23, 1989, Respondent U.S. Security had procedures set up for the hiring, training, and supervision of security guards, both armed and unarmed. Respondent U.S. Security had in place procedures for taking disciplinary action against employees. Those disciplinary guidelines included the exercise of judgment by the supervisory personnel involved. If an employee did something prohibited, the employee was specifically reprimanded and instructed not to engage in that conduct again. If the employee engaged in the same conduct again, he would be fired immediately for disobeying direct orders. Respondent U.S. Security did not have a specific policy directed at a guard appearing at an unarmed post with a firearm or with only a holster because such conduct simply did not occur. Respondent U.S. Security's procedures for supervision of security guards comply with or exceed the procedures utilized in the industry.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondents not guilty of the allegations contained in the Administrative Complaint filed against them and dismissing that Administrative Complaint. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 30th day of January, 1991. LINDA M. RIGOT 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 30th day of January, 1991. APPENDIX TO RECOMMENDED ORDER DOAH CASE NO. 90-4840 Petitioner's proposed findings of fact numbered 1 and 3-7 have been adopted either verbatim or in substance in this Recommended Order. Petitioner's proposed findings of fact numbered 2 and 10 have been rejected as not being supported by the weight of the credible evidence in this cause. Petitioner's proposed findings of fact numbered 8 and 9 have been rejected as being irrelevant to the issues involved in this cause. Petitioner's proposed finding of fact numbered 11 has been rejected as not constituting a finding of fact but rather as constituting argument of counsel. Respondent's proposed findings of fact numbered 1-12 have been adopted either verbatim or in substance in this Recommended Order. COPIES FURNISHED: Henri C. Cawthon, Esquire Florida Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Norman S. Segall, Esquire Bentata Hoet & Associates and Zamora Segall Lacasa & Schere 3191 Coral Way Third Floor, Madison Circle Miami, Florida 33145 The Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact In her application for issuance of an unarmed guard license, the Petitioner indicated that she had not been arrested. At the hearing it was established that the Petitioner was arrested in 1963 for disorderly conduct and fighting with a knife, convicted in 1967 of shoplifting, and convicted in 1975 of welfare fraud. The Petitioner is still making restitution on the welfare fraud charges. At the time of the hearing the Petitioner was not working as a security guard. She stated that her reason for not placing her arrest record on the application was that in the past it had prevented her from obtaining employment.
The Issue The issue presented in this case was whether the application of Albert Harris for a class F license as an unarmed watchman, guard or patrolman employee should be granted or denied.
Findings Of Fact Albert Harris is an applicant for a class F license as an unarmed watchman, guard or patrolman employee. Harris was convicted of 1st degree murder in 1940 in the State of Florida, and sentenced to life in prison. Harris was paroled in 1960, 1965 and 1968. Since his release from imprisonment on parole in 1968, Harris has been arrested and fined for driving while intoxicated. No evidence was introduced that Harris' civil rights had been restored.
Recommendation Based on the foregoing findings of fact and conclusions of law, the Hearing Officer would recommend that the application of Albert Harris for a class F license be denied. DONE AND ORDERED this 21st day of July, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of July, 1978. COPIES FURNISHED: Albert Harris 6969 North West 17th Avenue Miami, Florida 33147 Marvin Sirotowitz, Bureau Chief Division of Licensing The Capitol Tallahassee, Florida 32304 Gerald Curington, Esquire Assistant General Counsel Department of State Plaza Level, New Capitol Bldg. Tallahassee, Florida 32304
Findings Of Fact In 1958 the Petitioner was arrested for illegally exporting arms from the United States. He was found guilty, fined, and placed on probation for a period of one year. The Petitioner failed to reflect this arrest and conviction in his application. The Petitioner is a Cuban. In 1958 he was working against the Batista government in Cuba, and it was in connection with that work that he was arrested and convicted. In 1961 the was involved in the Bay of Pigs invasion against the Castro government in Cuba. The Petitioner remains a citizen of Cuba, and he opposes all form of totalitarianism in his native country. It does not appear that the Petitioner's failure to reflect his 1958 arrest and conviction was an intentional act to mislead the Division of Licensing. The Petitioner has been working for approximately one year as an unarmed guard under a temporary permit. His employer believes him to be the best guard that he has in his employment.
The Issue Whether Petitioner should be granted a Class "D" Security Officer license.
Findings Of Fact Petitioner, Cherubin Bastien (Bastien) filed an application with Respondent, Department of State, Division of Licensing (Department) for a Class "D" Security Officer license on July 1, 1994. The Department denied Bastien's application by letter dated August 24, 1994. At final hearing the only basis for denial at issue was that Petitioner was currently serving felony probation. On October 14, 1993, Bastien was sentenced, in State of Florida v. Cherubin Bastien, Case No. 93-5337CF10, on a charge of aggravated assault (firearm), before the Circuit Court of the 17th Judicial Circuit in and for Broward County, to two and one half years probation, and adjudication was withheld. Bastien's probation will not terminate until April, 1996. Bastien is currently on probation and was on probation at the time that he filed his application on July 1, 1994.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Cherubin Bastien's application for a Class "D" Security Officer License be denied. DONE AND ENTERED this 5th day of May, 1995, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 5th day of May, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-219S To comply with the requirements of Section 120.59(2), Florida Statutes (1993), the following rulings are made on the parties' proposed findings of fact: Respondent's Proposed Findings of Fact. Paragraphs 1-6: Accepted in substance. Paragraph 7: Rejected as unnecessary. COPIES FURNISHED: Richard R. Whidden, Jr., Esquire Department of State/Division of Licensing The Capitol, MS-4 Tallahassee, Florida 32399-0250 Cherubim Bastien 2322 Johnson Street, Apt. 1 Hollywood, Florida 33020 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250
