The Issue The issues are whether Tunstall has ever been convicted of a felony, whether Tunstall has ever been convicted of a crime involving moral turpitude, and whether Tunstall falsified his application.
Findings Of Fact Leonard P. Tunstall made application for licensure as an unarmed and armed security guard to the Department of State. His application was received by the Department in February of 1981. The application indicates it was signed by Tunstall on October 29, 1980. Question #13 on the application was answered "no," as indicated by a check mark. When he originally received the application, Tunstall filled it out up to Question #13. He had not completed that question because he lacked all the data. Subsequently, Albert Simmons, his supervisor, stopped by Tunstall's residence and picked up the application, which Simmons completed with assistance from Tunstall's girlfriend. Neither Simmons nor Tunstall's girl friend had knowledge of Tunstall's record. Subsequently, Tunstall advised Simmons about his arrests, and Simmons told him that his arrests would not disqualify him. Tunstall signed the application with the understanding that his arrests would be disclosed. However, Simmons was subsequently fired, and Tunstall's application was found by Simmons' successor who submitted it with the arrests undisclosed. Tunstall's application, Respondent's Exhibit 1, indicates that answers to Questions #1 through #12 were hand-written, Question #13 was answered by placing a check mark in the "no" block, and answers to Questions #14 through #17 were type-written. Simmons was the notary who authenticated Tunstall's signature. Tunstall further testified that he began work for Florida Merchant Police in June of 1979, as a uniformed rail crossing guard. In approximately January of 1980, he was assigned to work at an unarmed security guard post. It was after this that he was given an application for licensure by the company. Tunstall's FBI records reveal the following arrests and convictions: 1939 - Disorderly conduct, NJ (Fined) 1940 - Disorderly conduct, NJ (Fined) 1947 - Burglary and attempted larceny, NJ (Felony conviction, sentenced to 1 to 2 years - served 8 months) 1958 - Assault and battery, NJ (Fined) 1958 - Disorderly conduct, NJ (Fined) 1960 - Burglary, NJ (Felony conviction, sentenced to 2 to 3 years) 1975 - Keeping a house of ill fame, FL (Dismissed) Tunstall testified that his civil rights had been restored in New Jersey, but he could not introduce any documentation to support his testimony.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, and considering the factors in mitigation, the Hearing Officer recommends that Leonard Tunstall's application for licensure as an armed guard be denied, and recommends that Tunstall's application for licensure as an unarmed guard be granted. DONE and ORDERED this 24th day of July, 1981, 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 24th day of July, 1981. COPIES FURNISHED: Mr. Leonard P. Tunstall Suite 996 12555 Biscayne Boulevard North Miami, Florida 33181 George Firestone, Secretary Department of State The Capitol Tallahassee, Florida 32301 James V. Antista, Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301
Findings Of Fact The proceeding came on for hearing on the Petitioner's application for an armed security guard license. The Respondent, Department of State/Division of Licensing, is an agency of the State of Florida having jurisdiction over the licensing and regulation of security guards. The Respondent, on February 15, 1982, served notice on the Petitioner that it intended to deny his application for license, the Petitioner requested a hearing and the cause was set for hearing as delineated in the notice. Upon timely convening the hearing at 2:00 p.m. on April 28, 1982, the Petitioner failed to appear. The undersigned and the Respondent and the Respondent's witness remained in the hearing room for approximately one hour in hopes that the Petitioner might appear. The Petitioner failed to appear. The undersigned entered on the record the fact of the Petitioner's default and the fact that all concerned remained in the hearing room awaiting the Petitioner's arrival for approximately one hour. Thereupon the hearing was adjourned.
Recommendation Having considered the foregoing findings of fact and conclusions of law, it is therefore RECOMMENDED: That the petition of Karl Harry Wilson be DISMISSED. DONE and ENTERED this 22nd day of July, 1982 at Tallahassee, Florida. P. MICHAEL RUFF 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 22nd day of July, 1982. COPIES FURNISHED: Mr. Karl Harry Wilson Aquarius Restaurant Aquarius Condominium Route A1A 2751 South Ocean Drive Hollywood, Florida 33019 Stephan Nall, Esquire General Counsel Department of State The Capitol Tallahassee, Florida 32301 Donald Hazelton, Director Division of Licensing Department of State Winchester Building Tallahassee, Florida 32301 The Honorable George Firestone Secretary of State Department of State The Capitol Tallahassee, Florida 32301
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
The Issue Whether the allegations of the Amended Administrative Complaint are correct and, if so, what penalty should be imposed.
Findings Of Fact The Respondent holds a Class "D" Security Officer license number D92- 03311. The license was issued in 1992. Beginning in 1992, the Petitioner resided with his companion, Tiatiana Aleksandrova, and their children Ruth and Ilia Shuvalov. On December 18, 1992, the Respondent and Tiatiana were arguing and he shoved Tiatiana. Daughter Ruth, 14 years old, was present and saw the incident occur. Apparently attempting to protect her mother, Ruth became involved in the altercation. At the point of her involvement, the Respondent grabbed Ruth by the arm and throat, and pushed her into the kitchen wall. Ruth, much younger and smaller than the Respondent, posed no threat of harm to him. Immediately after the December 18 incident, Tiatiana, Ruth and 12 year old Ilia went to the Gulfport, Florida, Police Department where they discussed the incident with Officer Michael J. Bieluwka. Officer Bieluwka went to the Respondent's home. The Respondent refused to cooperate in the investigation. Based on the accounts of the events provided by Tiatiana and the children, Officer Bieluwka believed he had probable cause to arrest the Respondent. He attempted to effect the arrest at the Respondent's home. As Officer Bieluwka placed the Respondent under arrest, the Respondent pulled his arm from the officer's grasp and attempted to get away from him. The Respondent was charged with resisting arrest without violence. Eventually, the Respondent entered a plea of no contest and was convicted of resisting arrest without violence. On June 22, 1993, Tiatiana and the children were asleep in the Respondent's home. Just before dawn, the Respondent entered the room where Tiatiana slept, kicked her, pulled her hair, and demanded that she get up. Based on the June 22 event, the Respondent was charged with criminal battery. He entered a plea of no contest and was convicted of battery. On July 20, 1993, the Respondent had shut off the water line to the house at the main valve. Tiatiana, attempting to bathe, went outside and turned the water back on. An argument ensued outside the house and continuing when they reentered the structure. As Tiatiana stood in the kitchen, the Respondent entered through a screen door. The door closed on and broke a drinking glass he held in his hand. He threw the broken glass towards Tiatiana. The glass struck and cut her right leg just below the knee. Based on the July 20 event, the Respondent was charged with criminal battery. He entered a plea of no contest and was convicted of battery. There is no evidence that Tiatiana posed a threat of harm to the Respondent at any time or that she consented to the violence. There is no evidence that commission of violence or use of force on any person was required to protect the Respondent or another person from physical harm.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department Of State, Division Of Licensing, enter a Final Order revoking the Class "D" Security Officer license of Edward Shuvalov, license number D92-03311, and imposing a fine of $1,500. DONE and RECOMMENDED this 13th day of March, 1995 in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM 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 13th day of March, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-4482 To comply with the requirements of Section 120.59(2), Florida Statutes, the following constitute rulings on proposed findings of facts submitted by the parties. Petitioner The Petitioner's proposed findings of fact are accepted as modified and incorporated in the Recommended Order. Respondent The Respondent's proposed recommended order is a statement of the financial hardship which will allegedly be imposed if he does not prevail in this case. The Hearing Officer's responsibility is to determine whether the allegations of the Administrative Complaint are correct and, if so, what penalty should be imposed. The imposition of penalties is governed by the Rules cited herein. The Respondent's proposed recommended order is rejected as legally irrelevant. COPIES FURNISHED: 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 Richard Whidden, Jr., Esquire Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Edward Shuvalov Post Office Box 5057 Gulfport, Florida 33737
Findings Of Fact Question 13 on Petitioner's application for an unarmed guard license reads as follows: "Have you ever been arrested". In response thereto, Petitioner answered in the affirmative and, in accordance with the instructions to list all arrests, stated that he had been arrested for breaking and entering in 1965, at which time he served one year in prison; and that he had been arrested for armed robbery in 1969, at which time he was sentenced to five to ten years in prison. No other arrests were listed. Petitioner's application was signed under oath and recited that all information contained in the application was true and correct. Petitioner is presently on probation from his armed robbery conviction, and his probationary period will not expire until March 4, 1981. His civil rights have not been restored from that conviction, although he intends to apply for restoration upon completion of his parole period. At the time that the Petitioner's employer was assisting him in completing his application, Petitioner indicated to Mr. Martin that Petitioner had been arrested and convicted of offenses in addition to those revealed on his application. Those omitted arrests and/or convictions include fighting and unlawful assembly in 1962; assault with a knife in 1964; buying, receiving and concealing stolen property in 1966; assault and battery in 1968; and prison breach in 1974. Although Petitioner's parole officer believes he is being rehabilitated, Ms. Barrett, in the two and one-half years she has known Petitioner, only speaks to him on the telephone once a month and sees him every two months. More importantly, Ms. Barrett is unable to state that she would hire Petitioner as a security guard at her home.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED THAT: A final order be entered denying Petitioner's application for a Class "F" Unarmed Guard License. RECOMMENDED this 20th day of June, 1980, in Tallahassee, Florida. LINDA M. RIGOT, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Mr. John C. Henderson 1771 North East 176th Street North Miami Beach, Florida 33162 W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Don Hazelton, Director Division of Licensing Department of State The Capitol Tallahassee, Florida 32301 The Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301
The Issue Has Mr. Aylwin demonstrated that he possesses the requirements of Section 493.306, Florida Statutes (1981) to be licensed as a security guard by the Department?
Findings Of Fact On March , 1981, Mr. Aylwin applied for a Class "D" and "G" Security Guard License from the Department. Question 13 of the application form submitted by Petitioner asked if he had ever been arrested. Mr. Aylwin checked the box marked "No." On May 5, 1981, the Department sent a letter to Mr. Aylwin which stated in part: Your application for the above referenced license has been denied pursuant to the Florida Statutes as cited, and facts stated, in the attachment (applicable portions of the statutes are indicated with an "X"). The items checked included: X Chapter 493.306(2)(b)(1) "There is a substantial connection between the lack of good moral character of the applicant and the business for which the license is sought." X Chapter 493.306(6)(b) "Demonstrate fitness to carry a firearm based upon a complete background investigation by the department of the individual's police record and general character. X Chapter 493.309(1)(c) "Such other investigation of individual as the department may deem necessary." Chapter 493.319: X (1)(a) "Fraud or w11lful misrepresentation in application for or in obtaining a license;" X (1)(c) "Having been found gu11ty of the commission of a crime which directly relates to the business for which the license is held, regardless of adjudication;" X (1)(j) "Commission of assault, battery, or kidnapping or use of force or violence on any person except in self-defense or in the defense of a client;" x (1)(p) "Violating any provision of this chapter." On September 4, 1971, Petitioner was convicted of assault and battery on a police officer in Fort Lauderdale, Florida. He was sentenced to a fine of $202 or thirty-three days in ja11. In 1976 Petitioner was arrested for driving while intoxicated. The charged was later reduced to reckless driving and he was convicted. Petitioner admits to a drinking problem and stated at the final hearing that his use of alcohol was part of the cause for his conviction for assault and battery and for the current loss of his driver's license for traffic violations. No credible evidence other than the lapse of time was presented to establish the rehab11itation of Petitioner from the effects of his assault and battery conviction. Petitioner's explanation of why he did not truthfully answer question #13 on his application is not accepted as credible. It is found that he w11lfully gave a false answer to question #13.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of State, Division of Licensing enter a Final Order denying the application of Rudolph T. Aylwin for both a Class "G" and a Class "D" Security Guard License. DONE and RECOMMENDED this 24th day of August, 1982, in Tallahassee, Florida. MICHAEL P. DODSON Hearing Officer Division of Administrative Hearings The Oakland Bu11ding 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 F11ed with the Clerk of the Division of Administrative Hearings this 24th day of August,1982. COPIES FURNISHED: Rudolph T. Aylwin 321 C SE 11 Street Pompano Beach, Florida 33060 James V. Antista, Esquire Department of State Division of Licensing The Capitol Tallahassee, Florida 32301 George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Don Hazelton, Director Division of Licensing Department of State The Capitol Tallahassee, Florida 32301
Findings Of Fact The Respondent filed a license application with the Division of Licensing, Department of State for a Class "D" Unarmed Guard License on January 27, 1983. The Division of Licensing did not approve or deny the license application of Carlos Hernan Garcia within the 90-day period from the date of receipt of the application and, accordingly, by operation of Section 120.60(2), Florida Statutes, the Division issued to Respondent a Class "D" Unarmed Security Guard License which expires on May 14, 1983. But for the operation of the 90-day rule, the Division of Licensing would not have issued the Respondent an Unarmed Security Guard License. On July 17, 1983 the Division of Licensing issued an administrative complaint to revoke the license on grounds that the Respondent willfully misrepresented his criminal record in his application in violation of Section 495.319(1)(a), Florida Statutes, committed an assault and battery other than in self defense and committed criminal acts which directly relate to the business for which the license was sought in violation of Sections 493.319(1)(c) and (j), Florida Statutes. On May 19, 1979, the Respondent (while intoxicated) struck a police officer who was investigating a traffic accident in which the Respondent was involved. The Respondent was convicted of assault and battery upon a police officer and received six months probation and adjudication was withheld. On August 5, 1980, the Respondent was responsible for a fire which occurred in the bathroom of a restaurant during business hours for which he was convicted of criminal mischief. On or about October 29, 1982, the Respondent was carrying a concealed firearm, a 25-caliber pistol, without a license or permit required by Sections 790.05 and 790.06, Florida Statutes (1981). Following an argument which took place outside an apartment house, the Respondent shot and injured another person with the pistol. No criminal charges were brought and there was no prosecution as a result of this incident. The Respondent, who reads and writes English, failed to complete question number 13 on his security guard application, pertaining to past criminal arrests and convictions, by omitting any reference to the assault and battery and criminal mischief convictions, since the Respondent knew that he could be denied a license for having committed such crimes, and knowing that the omission, if discovered, would be grounds for denial of his license.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That a Final Order be entered revoking the Class "D" license of the Respondent Carlos Hernan Garcia. DONE and ENTERED this 15th day of March, 1984, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 904/480-9675 Filed with the Clerk of the Division of Administrative Hearings this 15 day of March, 1984. COPIES FURNISHED: James V. Antista, Esquire Department of State The Capitol Tallahassee, Florida 32301 Carlos Hernan Garcia 9380 West Flagler Street, #120 Miami, Florida 33130 George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Mary Gast, Director Division of Licensing The Capitol Tallahassee, Florida 32301
Findings Of Fact The Petitioner, Judge L. Williams, age 58, has been a resident of Florida for approximately 40 years, except for employment related intervals. He has a high school education, received an honorable discharge from the U.S. Navy after more than three years of service, was employed in the merchant marine service for approximately 11 years, and retired from Exxon Company, U.S.A., after almost 20 years. Since the Petitioner retired in 1975, he has held various jobs in Jacksonville. Some of his employers have been Southland Corporation (7-11 Stores), Oxford Security, and Pinkertons of Florida. The Petitioner admits having an arrest record going back to the year 1949, and continuing to June of 1979, for various charges, but he has never been convicted of a felony. He has never been arrested for an offense involving the use of a firearm, or for a crime relating to property such as burglary or larceny, and he has never lost his civil rights. However, the Petitioner has had a sexual problem. In 1951 be was arrested in Los Angeles, California, for sex perversion involving a minor, and convicted on his guilty plea. He served 30 days, after which his mother convinced him to be hospitalized to treat his sexual problem. Nevertheless, in 1954 the Petitioner was arrested in Las Vegas, Nevada, on a charge of sodomy, and paid a fine. Again, in 1956, the Petitioner was arrested in Jacksonville, Florida, on a charge of molesting minors, and convicted. He served 30 days. Finally the Petitioner's record of sex related offenses concluded in Norfolk, Virginia, in 1971 when he was arrested on a charge of soliciting for immoral purposes. He posted bond which was forfeited when he failed to appear for trial. The Petitioner also has had a problem with alcohol, stemming back to 1949 when he was arrested for driving while intoxicated in San Francisco, California. Other alcohol related offenses occurred in 1956 in Las Vegas, and in Jacksonville, Florida, in 1958, 1962, 1968, and as recently as 1979 when he was arrested on a driving while intoxicated charge. The Petitioner admits to having been affected by a social problem which he describes as drinking too much. However, he asserts that this problem, as well as his former sexual problem, are not present in his life now. The Division of Licensing has issued a Class D Unarmed Security Guard License to the Petitioner, which permits him to secure employment as an unarmed guard. The Petitioner, however, contends that even with the problems be has had in the past, and in spite of his arrest record, there is nothing in his background to demonstrate violence, and he is completely rehabilitated now from both sexual and alcohol problems. Without a gun permit, he contends that employment as a security guard is difficult to find, hard to keep, and pays less than an armed guard., The only evidence presented by the Petitioner was his own self-serving testimony, and two letters relating to his character. This is insufficient and unconvincing proof of rehabilitation from his admitted problems related to sex and alcohol, in view of the recentness of the recurrence of these problems. The charge in 1971 in Norfolk is 10 years old, but some 15 years elapsed between the sex related arrest in 1956 and the 1971 occurrence. The 1979 arrest for driving while intoxicated is only 2 years old. The totality of the evidence does not support the Petitioner's uncorroborated assertion that he is now fully rehabilitated, and does not support a finding that the Petitioner is of good moral character, or that he is fit to be licensed to carry a firearm.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Judge L. Williams for a Class G security Guard License, be denied. THIS RECOMMENDED ORDER entered on this 13th day of August, 1981, in Tallahassee, Florida. WILLIAM B. THOMAS 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 13th day of August, 1981. COPIES FURNISHED: Stephen O. Parker, Esquire 607 Florida Theatre Building 129 East Forsyth Street Jacksonville, Florida 32202 James V. Antista, Esquire Room 1501 The Capitol Tallahassee, Florida 32301
Findings Of Fact The Petitioner's application for unarmed guard license reveals that she has been arrested several times on charges of failing to appear, conspiracy to commit robbery or kidnapping, and escape. Although some of the charges were serious, it does not appear that she has ever been convicted of any crime involving moral turpitude or dishonest dealings, or that she has ever lost her civil rights. It does appear that the Petitioner is qualified for licensure as an unarmed guard.
The Issue Whether Respondent committed the violation alleged in the Administrative Complaint? If so, what disciplinary action should be taken against him?
Findings Of Fact Based upon the evidence adduced at hearing, the parties' stipulations, and the record as a whole, the following Findings of Fact are made: The Department is a state government licensing and regulatory agency. Respondent is now, and has been at all times material to the instant case, the holder of a Class "D" security guard license and a Class "G" statewide firearms license. He has held the former license since May of 1990 and the latter license since September of that year. He has never before been disciplined by the Department. From October of 1991, until June 23, 1993, Respondent was employed by Certified Security Services, Incorporated (hereinafter referred to as "Certified"), a business which provides armed and unarmed security services. Among Certified's clients during the period of Respondent's employment was Winn-Dixie Store No. 343 (hereinafter referred to as "Store 343"), located at 14900 Northwest 6th Avenue in Miami, Florida. Respondent was assigned by Certified to work as a uniformed security guard at Store 343. He regularly drove a cashier at the store named Maria home from work in his car. On the afternoon of June 23, 1993, at around 1:00 or 2:00 p.m., Respondent was standing in the store parking lot conversing with a patron of the store, Sylvia Malgarejo, when he was approached by Maria, who was carrying a package containing a box of Pampers and a bottle of cooking oil. Respondent had no reason to, nor did he, believe that Maria had misappropriated these items from the store. Maria asked Respondent to put the package in his car. Respondent complied with Maria's request. He then continued his conversation with Malgarejo. The conversation did not last long. Olga Campos-Campbell, the store's general merchandise manager, had reported to the store manager that Respondent had shoplifted merchandise from the store. Campos-Campbell and Respondent had an ongoing feud concerning the scope of Respondent's job responsibilities. Campos-Campbell frequently asked Respondent to do things that he believed were outside the scope of his duties as a security guard, and an argument between the two invariably ensued. Based upon Campos-Campbell's erroneous report, the store manager had Respondent detained. Kent Jurney, who assisted the owner of Certified, his wife, in running the business, was contacted and advised of the situation. Jurney responded by going to the store with Certified's general manager, Bill Banco, and confronting Respondent. Respondent's native language is Spanish. Jurney, on the other hand, does not speak or understand Spanish. He communicates in English. Respondent's ability to communicate in English, however, is limited. Respondent tried to explain to Jurney in English how he had come into possession of the Pampers and cooking oil, but Jurney misunderstood him and mistakenly thought that Respondent was admitting that he had stolen the items from the store. Accordingly, he advised Respondent that Respondent's employment with Certified was being terminated effective immediately. The police were also contacted. The police officer who responded to the scene cited Respondent for shoplifting.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Department enter a final order finding the evidence insufficient to establish that Respondent committed the violation of Section 493.6118(1)(f), Florida Statutes, alleged in the instant Administrative Complaint and dismissing the instant Administrative Complaint in its entirety. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 14th day of March, 1994. STUART M. LERNER 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 14th day of March, 1994. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 93-6941 The following are the Hearing Officer's specific rulings on the "findings of facts" proposed by Respondent in his post-hearing submittal: 1. Accepted as true and incorporated in substance, although not necessarily repeated verbatim, in this Recommended Order. 2-5. Rejected as findings of fact because they are more in the nature of summaries of testimony elicited at hearing than findings of fact based upon such testimony. COPIES FURNISHED: Henri C. Cawthon, Esquire Department of State, Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 C. Ernest Rennella, Esquire 2524 Northwest 7th Street Miami, Florida 33125 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, Esquire General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250
