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
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 The issue in this case is whether Respondent is guilty of the commission of an act of violence or the use of force on any person except in the lawful protection of oneself or another from physical harm.
Findings Of Fact Respondent holds the following licenses: Class "D" Security Officer, Class "G" Statewide Firearm License, and Class "MB" Security Agency Manager. He has held the Class "D" and "G" licenses since September 22, 1992. He has held the Class "MB" license since January 22, 1993. By an Emergency Order of Suspension entered March 4, 1993, Petitioner suspended all three licenses held by Respondent. The suspension was based on Respondent's arrest on February 26, 1993, for aggravated assault with a deadly weapon upon Kimo Little, such act not being in defense of self or another. Respondent is employed by Castlewatch Security Company, where he has worked for one year and three months. For about one and one-half years, Respondent has been negotiating with the current owner of the company for the purchase of the company. Respondent has an associates degree in business from Penn State University. He has been employed in the security business, in and outside Florida, for a little more than six years. In the course of performing his security guard work, Respondent regularly uses a Citizens Band radio in order to maintain contact with security guards in the field, when Respondent is not in the field, or with the main office, when Respondent is in the field. Security guards with other companies also use the CB radio in this fashion, and frequently conversations among security guards take place during the evening hours. On the evening of February 25, 1993, Respondent was on- duty, alone, at Roger Dean Chevrolet. At about 10:30 pm, he witnessed a bad car accident, which left him in an agitated state due to the seriousness of the injuries that he observed. About one-half to one hour later, Respondent was on the CB radio when he overheard Kimo Little and another man engaged in a hostile conversation involving swearing and cutting off the conversations of other security guards. Respondent intervened, advising the main perpetrator, Mr. Little, to discontinue the conversation, or at least the swearing. The conversation between Respondent and Mr. Little became heated. Eventually, they agreed to settle their differences 1/ by fisticuffs at the parking lot of a closed McDonald's. Respondent had not previously arranged fights by way of CB radio. However, on at least two or three occasions, Mr. Little has detected differences of opinion between him and other users of the CB radio and determined the differences to be of such gravity as to require their settlement through combat. While still on the radio with Respondent, Mr. Little stated that he intended to "kick [Respondent's] ass." Mr. Little also explicitly informed Respondent that the fight was to be a "fair fight" without guns. Mr. Little beckoned a friend, Paul LeClair, to drive Mr. Little to the McDonald's for the fight. It is unclear why Respondent went to meet Mr. Little except to fight. At the time, Mr. Little neither knew Respondent's identity or where he worked. When Respondent was relieved at about 11:30 pm, he drove his utility vehicle over to the dimly lit, empty parking lot of the McDonald's. After a quick tour of the parking area, Respondent saw no one and was driving toward the exit when Messrs. Little and LeClair appeared in the latter's truck. In a clearly irritated tone, Mr. Little advised Respondent by radio, "I see you. I'm going to hunt you down like a dog." He then jumped out of Mr. LeClair's vehicle and ran toward Respondent's vehicle, waving his arms in an angry, beckoning fashion. Although Respondent could have left the parking lot, he instead turned his vehicle around and drove toward Mr. Little. As he approached Mr. Little, he got a good view of his adversary. Mr. Little is six feet tall and a menacing 270 pounds. Somewhat smaller than Mr. Little, Respondent quickly surveyed Mr. Little's superior size and enthusiasm, as evidenced by his shouting to the approaching Respondent: "I'm going to tear your fucking head off." Respondent also noted Mr. Little's potential ally, Mr. LeClair, who was standing beside his truck. Respondent quickly decided not to fight Mr. Little. Instead, Respondent drew the 9 mm handgun that he keeps on hand for security work, aimed it at Mr. Little, and warned him, "Come any closer and I'll blow you away." He added for emphasis, "Back off, motherfucker." The distance between the two gentlemen was about three meters. Undaunted by the weapon, Mr. Little implored Respondent, "Just get out of the truck and put the gun away. I'll whip your ass like a man." However, Respondent chose instead to leave the parking area. As he drove away, he called the police and informed them of the situation. Shortly thereafter, the Cape Coral police arrested Respondent, after determining that he had drawn his weapon but had not seen a weapon on Mr. Little. There is no evidence that any criminal case has been initiated or prosecuted.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department of State, Division of Licensing, enter a final order dismissing the Emergency Order of Suspension. ENTERED on April 20, 1993, in Tallahassee, Florida. ROBERT E. MEALE 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 on April 20, 1993.
The Issue Whether Respondent violated provisions of Chapter 493, Florida Statutes, as more specifically alleged in the Administrative Complaint dated April 15, 1991.
Findings Of Fact On March 14, 1991, Respondent performed the services of a security guard at a Best Western Motel in Orange County, Florida, As such he was employed by the motel. While performing the services above noted Respondent carried a 9mm Berretta automatic pistol in a holster external to his clothes. While performing the above-noted services Respondent's firearm was unloaded and he had hollow point 9mm shells in his pocket. While performing the above-noted services Respondent held neither a Class D nor Class G license. Respondent was performing the services of security guard while substituting for a relative who was ill. Respondent was working solely for the motel and was not associated with any security guard agency. The motel manager had requested that Respondent carry a unloaded firearm because several crimes had been committed in the vicinity of the motel. Respondent believed that as an employee of the motel, as contrasted with being employed by a security guard agency, Respondent did not need a security guard license. Further, Respondent believed he had a Second Amendment U.S. Constitutional right to overtly carry the firearm in the holster outside his clothing. At the time of this hearing Respondent was unemployed.
Findings Of Fact On or about January 31, 1990, the Petitioner, John P. Fletcher, applied for a Class "D" Unarmed Security Officer license. In Section 13 of the application, the Petitioner represented that he never had been arrested. In 1957, when the Petitioner was about 21 years old, he was arrested in West Union, West Virginia, with a brother and another man, and the three were charged with stealing gasoline from a filling station. The Petitioner denies that he stole the gasoline, saying that he and his brother did not know that the third man had not paid for the gasoline for the car they were riding in. The Petitioner's mother paid restitution, and the charges were dropped. In November, 1963, when the Petitioner was about 27 years old, he was arrested for, and adjudicated guilty of, contributing to the delinquency of a minor. In fact, he was teaching a minor to drive a car against the wishes of the minor's parents. He served 60 or 90 days in jail in Lakeland on the charges. Two years later, in August, 1965, while he was working for the Peninsula Lumber Company, the Petitioner was arrested for alleged aggravated assault with a deadly weapon and was put in jail for seven to 14 days while awaiting trial. The charges arose out of an altercation with a fellow employee. The Petitioner was upset about his pending divorce, and the other man kept picking at him about it. Three times, the Petitioner asked the man to stop, but he persisted. At one point, the man came at him in a threatening manner with a hammer in his hand, and the Petitioner cut him with a knife. In court proceedings, the other man admitted the truth of the Petitioner's version of the altercation, and the judge dismissed the charges. In January, 1983, the Petitioner was visiting at the home of his elderly mother, who was living alone in East Hillsborough County. The Petitioner was told that a bad-mannered neighborhood youth was vandalizing his mother's property and generally terrorizing her. The Petitioner was very angry about this. During the visit, he went out to his truck and found a firecracker, with fuse burned but not ignited, that he believed had been placed there by the youth of whom his mother had spoken. He sought out the youth, about twenty-one years old, grabbed him, and was going to "put a whipping on him" but did not. Instead, he threatened to do so if the youth did not stop his bad behavior, particularly towards the Petitioner's mother. As a result, the Petitioner was arrested and charged with aggravated assault. The Petitioner was placed on a pretrial intervention program on March 11, 1983, and he successfully completed the program on September 11, 1983. The charges were dismissed. The evidence did not explain why the Petitioner represented in Section 13 of his application that he never had been arrested. Although he conceivably could have forgotten about the 1957 arrest, it is not likely that he forgot about the others, and it is found that the misrepresentation was intentional. In the late 1960s and early 1970s, the Petitioner had occasion to work as a licensed armed security guard for Foley Security and Detective Agency and for United Security Agency in Tampa. The Petitioner worked for each of them for about a year, until each went out of business. He also worked for Securex and later Bedway as an unarmed security officer from January 29, 1990, until he voluntarily quit pending the resolution of his license application. The Petitioner also has worked as a truck driver and has operated heavy equipment.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Respondent, the Department of State, Division of Licensing, enter a final order denying the application of the Petitioner, John P. Fletcher, for licensure as a Class "D" Unarmed Security Officer. RECOMMENDED this 11th day of February, 1991, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 11th day of February, 1991.
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
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Respondent's application for a Class "G," Armed Security Guard, License, be denied. DONE and ORDERED this 5th day of October, 1979, in Tallahassee, Leon County, 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 5th day of October, 1979. COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Wesley James Thompson, Jr. 2153 North West 103rd Terrace Miami, Florida 33146, and 13357 Ashwand Road Opa Locka, Florida 33054
The Issue The issue for determination in this proceeding is whether Respondent committed an act of violence in violation of Section 493.6118(1)(j), Florida Statutes.
Findings Of Fact The parties stipulated that Respondent was licensed as an unarmed guard and held a license to bear a firearm pursuant to license numbers D91-11148 and G91-11148, respectively. Respondent objected to any disciplinary action against his "G" license on the ground that the "G" license is not at issue. Only the "D" license is at issue in the Amended Administrative Complaint. The parties further stipulated that Respondent was prosecuted and found not guilty of battery in a criminal trial based on facts substantially similar to those at issue in this proceeding. Mr. Michael Friend and Respondent were both employed as security guards by Liberty Security. Mr. Friend and Respondent did not get along and had a history of confrontation. Liberty Security had experienced problems with doors not being secured by the guard who regularly patrolled the Miracle City Mall. The regular guard apparently failed to properly secure the doors when closing each night. Mr. Friend was asked by his supervisor at Liberty Security to observe the closing procedures followed by the guard at the Miracle City Mall and to make sure the doors were properly secured. On May 9, 1992, the regular guard was unable to attend his duties, and Respondent was asked by his supervisor at Liberty Security to fill in for the regular guard. When Respondent was closing on the evening of May 9, 1992, he agreed to let two females into the Mall to retrieve some expensive jewelry one of them left in the Mall. Afterward, Respondent agreed to give Ms. Jessica McCandless, a third female, a ride home. Respondent left the security office to let the two females into the Mall. While Respondent was away, Mr. Friend entered the security office pursuant to his instructions to observe and inspect the closing procedures used at the Mall. When Respondent returned to the security office, Mr. Friend precipitated a confrontation. The confrontation continued at Mr. Friend's persistence and escalated outside of the security office. Outside of the security office, the confrontation escalated into verbal obscenities and minor physical incidents. Respondent and Ms. McCandless got into Respondent's car. Respondent started his car and backed away from Mr. Friend. When Respondent put his car in drive and attempted to drive forward, Mr. Friend grabbed Respondent through the driver's window. Respondent stopped the car and Mr. Friend rolled from the driver's side of the car to the hood of the car, landing on his feet. Respondent stopped the car and backed the car away from Mr. Friend again. Respondent put his car in forward, drove the car in a figure eight and headed straight toward Mr. Friend at a rate of speed fast enough to collide with Mr. Friend. The front of Respondent's car struck Mr. Friend. Mr. Friend went up on the hood, rolled off, and fell to the ground. Mr. Friend did not land on his feet. The impact cracked the window of the car. The confrontation that precipitated the act of violence committed by Respondent was precipitated and escalated by Mr. Friend. Respondent attempted to avoid Mr. Friend, avoid the incident, and extricate himself and Ms. McCandless from the scene several times. After every reasonable attempt to avoid the situation, Respondent committed the act of violence.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order finding Respondent guilty of an act of violence in violation of Section 493.6118(1)(j), Florida Statutes, and imposing a fine of $1,000 pursuant to Section 493.6118(2)(c). RECOMMENDED this 27th day of July, 1993, in Tallahassee, Florida. DANIEL MANRY 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 July, 1993. COPIES FURNISHED: Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater General Counsel The Capitol, PL-02 Tallahassee, Florida 32399-1250 Henri C. Cawthon, Esquire Assistant General Counsel Florida Department of State Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 Nicholas Lessey, Esquire 423 Brevard Avenue Cocoa, Florida 32922
Findings Of Fact In 1976 the Petitioner was arrested and charged with the crime Aggravated Assault. No formal charges were filed, and he was neither tried nor convicted of the charges. The Petitioner failed to reflect this arrest in his application for license. The fact of the arrest would not constitute grounds for denying the Petitioner's application for an unarmed guard license. His failure to report it was apparently due to confusion on his own part. The evidence would not support a conclusion that the failure was willful.
Findings Of Fact The Petitioner, William Charles Landes, applied for licensure as an unarmed security guard (Class "D" licensure). This application was denied by the Department of State because of Petitioner's conviction on October 10, 1975, of larceny of a boat and motor and arson of the same boat and motor. Based upon the stipulation of the parties, the Petitioner is qualified for licensure as an unarmed security guard except for the reasons stated in the letter of denial (as amended by the Department's counsel), which reason is at issue in this case. The Petitioner was approximately 20 years of age and living in Lake Wales, Florida, when he became involved as an accessory to the theft of a boat and outboard motor and the burning of said boat and motor. Subsequently, Petitioner was investigated by the Sheriff's Department, arrested, and convicted of the theft and arson of the boat and outboard motor. The Petitioner served three months in the county jail and three months on work release of a one year jail sentence. On August 24, 1979, the Petitioner was released from his probation of five years. Until recently, the Petitioner was employed by Elixer Industries as a mechanic and maintenance man earning five dollars per hour. He had to cease his employment after a severe injury and surgery to his back. The Petitioner has had no criminal arrests or convictions since October 10, 1975. His only involvement with the law since that date has been two speeding tickets. Contrary to the Department's original allegations, the Petitioner did reveal the fact of his arrest in 1975.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department approve Petitioner's application for licensure as an unarmed security guard. DONE and RECOMMENDED this 7th day of November, 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 7th day of November, 1983. COPIES FURNISHED: Mr. William C. Landes 1708 Sylvester Road Lakeland, Florida 33803 Stephen Nall, Esquire Office of General Counsel Department of State The Capitol Tallahassee, Florida 32301 The Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301
