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 The issues are whether Respondent violated Sections 943.13(7), 943.1395(6), and 943.1395(7), Florida Statutes, and if so, what penalty should be imposed.
Findings Of Fact Petitioner certified Respondent as a correctional officer on February 14, 1986. Since that time, Respondent has held Correctional Certificate Number 81761. On or about May 8, 1994, Respondent was in the front yard of his residence. Police officers pulled into Respondent's driveway and requested that Respondent approach the patrol car. Respondent walked away from the police car. As he walked away, Respondent dropped an item from his pocket. The item that Respondent dropped was a bag containing white powder. The white powder was cocaine. Respondent was aware of the presence of the bag on his person. Respondent's possession of the bag containing cocaine was unlawful. One of the police officers advised Respondent that he was under arrest. The police officer instructed Respondent to put his hands behind him. Respondent refused to put his hands behind him. The police officers physically restrained Respondent. Respondent subsequently entered a plea of nolo contendere to the offenses of attempted possession of cocaine and resisting officer without violence. On July 17, 1995, Respondent was adjudicated guilty of these two offenses by the county court judge, in and for Putnam County, Florida, in Case Number 95-2767MM06. The court suspended any fine or cost which might be imposed for the conviction of resisting officer without violence. The court ordered Respondent to pay a fine of $241.50, prosecution costs of $50, and an investigation cost of $50 for the conviction of attempted possession of cocaine.
Recommendation Based upon the findings of fact and conclusions of law, it RECOMMENDED: That Petitioner enter a Final Order revoking Respondent's certification as a correctional officer. DONE AND ENTERED this 18th day of August, 1997, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 18th day of August, 1997. COPIES FURNISHED: Amy J. Bardill, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Johnnie Holcy, Jr. Route 6, Box 300 Palatka, Florida 32177 A. Leon Lowry, II, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302-1489 Michael Ramage, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489
Findings Of Fact The Petitioner seeks licensure as both an armed and an unarmed security guard ("F" and "G" licenses). In support of his applications he submitted the required health certificate for a "Statewide Gun Permit" as well as his "Certificate of Firearms Proficiency" and the required affidavit attesting to his character and to his experience as a security guard. A "Temporary Gun License," No. 18279, was issued to the Petitioner on August 25, 1980. On October 27, 1980, the Respondent ultimately, by letter of that date, denied his application for licensure and informed him of his right to an administrative hearing pursuant to Chapter 120, Florida Statutes. The Petitioner timely elected to exercise that right and to adduce evidence supportive of his petition. The grounds for the denial were respectively that there was a substantial connection between an alleged lack of good moral character on the part of the Petitioner and the business for which he sought the license and that he fraudulently or willfully misrepresented his status in answering questions on the applications specifically the question regarding his prior arrest record. Additionally, the application was denied on the grounds that the Petitioner had in the past been found guilty of a crime which directly related to the business for which he seeks the license. The Petitioner, in answering the question regarding past arrests, admitted that he had been arrested for armed robbery in 1959. The Petitioner did not complete the answer regarding the disposition of that arrest, but candidly admitted at the hearing that he was confined in the state prison at Raiford, Florida for five years after being convicted of armed robbery and also candidly admitted a record for various other petty offenses in 1941, 1945 and 1946, none of which three incidents involved a sentence of longer than three months. On December 23, 1947, in Bartow, Polk County, Florida he was sentenced to three years in the state prison at Raiford for grand larceny. He was discharged from confinement on May 4, 1950. The uncontroverted testimony of the Petitioner at the hearing established that, although he was convicted and sentenced for grand larceny, the articles which he was convicted of stealing were: a watermelon, a cinnamon roll and a can of sardines. The Petitioner's only other conviction and confinement occurred in 1959 when he was convicted for armed robbery. The Petitioner served out this sentence and was discharged and has had no altercations with the law since that time. Give the basis upon which the application was denied, some elaboration of the circumstances surrounding that armed robbery conviction are appropriate. The Petitioner's stepson was employed by a trucking company as a driver and periodically made collections of large amounts of cash from freight customers of the truck line. Due to their dire financial circumstances at the time the Petitioner, his stepson, and the Petitioner's wife apparently entered into an arrangement whereby the stepson would alert them of the day and time on which he would be making collections of large amounts of cash so that the trio could convert the company receipts to their own use. According to the Petitioner's uncontroverted testimony, the Petitioner, armed with a lead pipe instead of a gun, as the charge had indicated, in conspiracy with his stepson and wife staged an apparent robbery to cover the actual theft of the company's funds. In any event, the trio were apprehended and in the subsequent negotiations or the trial, the Petitioner elected to assume sole responsibility for the "robbery" in order to protect the freedom and record of his wife and stepson. Consequently, the Petitioner was sentenced to five years for armed robbery and served out his sentence. The Petitioner thus established with credible, uncontroverted testimony that this armed robbery conviction actually did not stem from the forceable taking of the property of another with a firearm, but rather was a staged, "phony" robbery to cover a simple theft of the funds in question. The Hearing Officer is impressed with the obvious candor and forthrightness of the Petitioner in describing the events surrounding this and his other miscreant conduct in his distant past and with his continued remorse at its having occurred. Since his release from the state penitentiary in 1962, Mr. Walker has had no legal difficulties whatever. Per the last fifteen years or so he has been employed as a security guard for various security agencies in the Dade County area, primarily as an unarmed security guard, but serving at least one stint for an agency as an armed security guard, apparently by local authority. The Petitioner presented evidence at the hearing of a previously valid unarmed security guard license he has held, as well as the temporary gun license issued August 28, 1980. He also presented evidence in the form of identification cards and a badge establishing his employment as a security guard in the past, pursuant to Chapter 493, by a number of private security firms in the Dade County area. He has worked in a number of large department stores and warehouses wherein valuable merchandise was stored or kept and has never been involved in any incident involving theft of such goods. Escambia County recently saw fit to employ him temporarily as a security guard at Pensacola High School. He has had good working relationships with law enforcement authorities in his capacity as a security guard both in Dade and Escambia Counties and offered to bring to the hearing members of law enforcement agencies and the clergy in both counties to attest to his good conduct since his release from prison, nineteen years ago. The Petitioner freely acknowledged at the hearing that his answer to Question 13 on his applications did not disclose his entire arrest record, however, he states that he does not write well and had the secretary at the security firm where he was working at the time, in Dade County, fill out the applications for him. He maintains that he told the secretary all information about his criminal record and assumed that she had put it down, but signed the application hurriedly because he had to report for work and signed it as he was leaving the firm's office. He repeatedly demonstrated at the hearing that he had nothing to hide regarding his criminal record and was genuinely remorseful for its existence. He described in detail the various convictions and stipulated to the evidence of his criminal record which the Respondent offered. The Petitioner also demonstrated that during those times when he has worked as an armed security guard, primarily in Dade County, he has never had to use or display his gun to anyone and only wishes the use of a gun now for his own protection, since in his experience at his last job with the Ford Detective Agency in Dade County, the position became too dangerous for a security guard to occupy without having a firearm for protection. The Petitioner is now in his sixties and due to a slight heart condition is living entirely on Social Security disability income. He expressed the desire to go hack into security guard work in order to provide enough income to support himself, his wife and his young grandson whom he is helping to rear and who accompanied him to the hearing. He obviously has a keen desire to be able to support himself and his family without, as he put it, having to "live on the County" or the public treasury. He feels that security guard work is a duty he can readily fulfill despite his age since lie is of otherwise robust health, has substantial experience as a security guard, and the job is not a strenuous one. He has job offers with the St. Regis Paper Company and the Exxon Oil Company as well as the local newspaper. He is now working part-time collecting money for the local newspaper which is a dangerous job in his view in that he sometimes carries large amounts of cash in "high crime areas" of the county. He feels that he needs the right to possess a firearm for his own protection. Since his release from prison Mr. Walker has obviously undergone a profound change in his way of life away from repetitive confrontations with the law. He has become an exemplary family man, a church man and a Mason. He does not use alcohol or drugs whatever. He demonstrates significant independence and responsibility of character at his rather advanced age in wanting to obtain another job to support is family, rather than relying on relatives or the public treasury for subsistence.
Recommendation In consideration of the foregoing Findings of Fact and Conclusions of Law, the candor and demeanor of the witness and the arguments of the parties it is, therefore RECOMMENDED: That a final order be entered by the Department of State, Division of Licensing, granting the Petitioner's application for licensure, both as an armed and an unarmed security guard. RECOMMENDED this 7th day of August, 1981, in Tallahassee, Leon County, 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 7th day of August, 1981. COPIES FURNISHED: James V. Antista, Esquire Assistant General Counsel Department of State Room 1801, the Capitol Tallahassee, Florida 32301 Mr. Curley Walker Post Office Box 619 Century, Florida 32535
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against him, and, if so, what disciplinary action should be taken against him, if any.
Findings Of Fact Respondent, Melvin Roberts, was born on July 14, 1967. He was certified by the Criminal Justice Standards and Training Commission on March 1, 1993, and was issued correctional certificate numbered 151525. Respondent has been employed as a certified correctional officer with the Florida Department of Corrections since January 29, 1993. On October 28, 1994, Officer Elise Dillard-Gonzalez of the Miami-Dade Police Department was working as part of an undercover prostitution sting at Southwest 8th Street and 69 Avenue. At approximately 11:10 p.m., Respondent, who was alone, pulled over to the curb and motioned to her to approach his vehicle. When she did, he requested a "fuck for $20." She signaled to the undercover officers across the street, and Respondent was arrested for soliciting prostitution, in violation of Section 796.07, Florida Statutes. On November 10, 1994, Officer Sonja Crespo of the City of Miami Police Department was working as part of an undercover prostitution sting at Biscayne Boulevard and Northeast 73rd Street in Miami. Respondent, who was alone, approached her and gestured at her by placing a finger on one hand through a circle made by the fingers on his other hand. When she went over to Respondent's vehicle, he offered her $20 for a "fuck." She signaled to other near-by police officers, and Respondent was arrested for soliciting prostitution, in violation of Section 796.07, Florida Statutes. Rather than going forward on the charges for the two arrests, the State Attorney's Office agreed to place Respondent in some type of pre-trial diversionary program. Respondent was suspended from his employment with the Florida Department of Corrections for 10 consecutive days beginning April 17, 1995, for failing to report his arrests to his employer within 3 days and for being arrested, conduct unbecoming a correctional officer. Other than the October and November 1994 arrests, Respondent has not been arrested. Other than the disciplinary action imposed in April 1995, Respondent has had no disciplinary action taken against him as a correctional officer for the State of Florida. The superintendent at the Dade Correctional Institution where Respondent is employed considers Respondent to be a good employee and would like to continue Respondent's employment.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the allegations contained in the Administrative Complaint filed against him, finding mitigating factors to be present, and suspending Respondent's certification as a correctional officer for 20 days. DONE AND ENTERED this 7th day of May, 1999, in Tallahassee, Leon County, Florida. LINDA M. RIGOT Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of May, 1999. COPIES FURNISHED: James D. Martin, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 H. R. Bishop, Jr., Esquire 300 East Brevard Street Tallahassee, Florida 32301 A. Leon Lowry, II, Program Director Division of Criminal Justice Professionalism Services Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
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 Question 13 on the application for unarmed guard license requests that an applicant list any and all arrests and dispositions thereof. The Petitioner responded to this inquiry by indicating that he had been arrested once in 1972 for being drunk, and that he was released. At the hearing it was established that the Petitioner has been arrested more than 100 times on charges of drunkenness, disorderly conduct, and breaking and entering. The Petitioner is a reformed alcoholic. He has had no difficulties with the law since approximately 1972, and he has totally abstained from alcoholic beverages for more than three years. The Petitioner now works closely with a religious group, and he has been awarded custody of his children from a previous marriage. It is apparent the Petitioner has reformed himself, and he is capable of working as an unarmed guard. The Petitioner's failure to reveal the extent of his law enforcement record did not result from a desire to falsify his application, or to fraudulently obtain a license, but rather from his desire to put his past behind him. His failure to fully answer the inquiry is not totally justified, but in view of the outstanding efforts that the Petitioner has made to rehabilitate himself, and the fact that he has worked effectively as an unarmed guard under a temporary permit for some months, the failure is not of overriding importance.
The Issue The issue is whether Respondent is guilty of introducing or possessing contraband on the grounds of a state correctional institution, and if so, what penalty should be imposed.
Findings Of Fact Petitioner certified Respondent as a correctional officer on October 24, 1995. Respondent holds correctional certificate number 159550. At all times material to this proceeding, Respondent was employed as a correctional officer at the Bay Correctional Facility, a state correctional institution. During her employment, Respondent had contact with Zachary Richards, an inmate at Bay Correctional Facility. On August 23, 1996, Captain Ronnie Holland spoke to Inmate Richards regarding a complaint that Inmate Richards had made disrespectful remarks about an official. In order to avoid a disciplinary report for disrespecting the official, Inmate Richards gave Captain Holland a brown paper bag on which a personal letter had been written. Inmate Richards indicated that Respondent wrote the personal letter and gave it to him. Captain Holland gave the brown paper bag to Inspector Chris Hubbard along with his report. Inspector Hubbard interviewed Inmate Richards who claimed that he and Respondent had been writing letters to each other for some time. Inmate Richards signed a sworn affidavit in support of his claim that he received the letter written on the brown paper bag from Respondent. Inspector Hubbard interviewed Respondent who denied any knowledge concerning the letter on the brown paper bag. Inspector Hubbard obtained Respondent's known handwriting samples from the portion of the master control log which she maintained during her employment. He submitted these samples along with the brown paper bag to the Florida Department of Law Enforcement laboratory for comparison. Donald G. Pribbenow is a forensic document examiner employed by the Florida Department of Law Enforcement at the Pensacola Regional Crime Laboratory. He is an expert with 17 and 1/2 years of experience in comparing handwriting samples to determine their authorship. Mr. Pribbenow examined the writing on the brown paper bag and compared it to Respondent's known handwriting samples. Mr. Pribbenow determined that the person who wrote the submitted known writings was the same person who wrote the questioned writing on the brown paper bag. The result of Mr. Pribbenow's examination is persuasive evidence that Respondent wrote the letter to Inmate Richards on the brown paper bag. On September 16, 1996, Respondent was terminated from Bay Correctional Facility for being involved in an improper relationship.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that Petitioner enter a Final Order suspending Respondent's certification as a correctional officer for a period not to exceed two years. RECOMMENDED this 31st day of December, 1997, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 31st day of December, 1997. COPIES FURNISHED: A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Karen D. Simmons, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Lori DeFisher 4123 West 21st Street Panama City, Florida 32405
Findings Of Fact The Respondent, Benny R. Hardy, is a licensed law enforcement officer in the State of Florida, holding License No. GF-7656. The Petitioner is an agency of the State of Florida charged with the licensing of and the regulation and enforcing of licensure, practice and conduct standards for law enforcement officers. The Respondent was hired on the police force of the City of Umatilla, Florida, on September 16, 1975, rising to the position of Chief of Police. He served in that capacity until his termination of employment by his resignation on March 23, 1983. The Respondent resigned from his employment due to his having been charged with a felony, involving obtaining drugs with a forged prescription. He entered a plea of nolo contendere to that charge and an order was entered on March 25, 1983, placing the Respondent on probation for three years and withholding adjudication of guilt, it appearing to the satisfaction of the court that the Respondent was "not likely again to engage in a criminal course of conduct . . . ." Certain conditions were imposed upon Respondent's probationary status and the court reserved jurisdiction to adjudge the Respondent guilty and impose any legally appropriate sentence if the conditions of that probation are violated. There is no evidence that Respondent has ever been the subject of any disciplinary proceeding such as this in the past. His licensure status is presently "inactive." The Respondent, however, after due and proper notice of hearing, failed to appear at the hearing at the appointed date and time and had still not appeared at 10:40 a.m., when the hearing was adjourned.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, and the evidence and testimony of record, it is, therefore RECOMMENDED: That a final order be entered by the Criminal Justice Standards and Training Commission revoking Law Enforcement Certificate No. GF-7656 presently held by Respondent. DONE and ENTERED this 12th day of December, 1983, in 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 13th day of December, 1983. COPIES FURNISHED: Dennis S. Valente, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Mr. Benny R. Hardy Post Office Box 1014 Umatilla, Florida 32784 James W. York, Executive Director Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 G. Patrick Gallagher, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact Petitioner applied for licensure as an unarmed security guard and an armed security guard. In response to Question #13 on the application, "Have you ever been arrested?", Petitioner answered "yes" and indicated he was sentenced to 18 months for "buying and receiving" in 1971. Petitioner's complete criminal record is as follows: Arrested Charge Sentenced 1967 Willful misuse without right of 1967, six months a motor vehicle 1968 Willful misuse without right of 1968, two years' a motor vehicle probation 1969 Aggravated assault 1969, dismissed 1969 Willful misuse without a motor vehicle right of 1970, 158 days 1970 Receiving a stolen auto 1971, 18 months 1971 Escape, auto robbery, robbery 1971, years total 25 concurrent 1980 Arrested auto theft Charge dropped February 1981 Possession of a concealed weapon Dismissed February 1982 Possession of a concealed weapon Pending The 1967 arrest and conviction occurred when the Petitioner was approximately 16 years old. Petitioner admitted that he had taken the cars as alleged for joyriding as a youth. Petitioner explained that he was sentenced to the state correctional institution for possession of a rental car which he had borrowed from a friend, who had stolen it. Petitioner admitted he had escaped from prison, had stolen a car, and had been recaptured when he ran out of gas in Perry, Florida. Petitioner served eight years in prison and two years of probation of the 25 years' sentence imposed on him. Since his release from prison, the Petitioner has worked as a truck driver, roofer, security guard and mechanic. He has married and lives with his father-in-law, his wife and her two children by a previous marriage. Petitioner has had his civil rights restored to him except for the right to bear arms. He has petitioned to have that right restored. The Petitioner testified that he was issued a temporary pistol permit and issued a firearm by his employer, "Globe," and that he worked in an armed guard post on a building project in Miami. He worked hard as a security guard, frequently worked double shifts, had obtained two promotions, and was being considered for a third promotion when he was terminated as a result of the denial by the Division of Licensing. All charges made against the Petitioner since his release from prison have been dismissed except the charge of possession of a concealed weapon made in February of 1982, which the Petitioner fully disclosed. Petitioner had purchased a .38 calibre revolver, thinking that he was authorized to possess a firearm pursuant to the temporary pistol permit. It was this weapon that was discovered and for which he was charged in February of 1982. The Petitioner understood at the hearing that the temporary pistol permit did not authorize him to purchase or possess a firearm. Petitioner demonstrated a working knowledge of the limits of his authority as a security guard and secured his issued weapon in accordance with the company's rules and applicable regulations. The Petitioner presented a letter from his former supervisor at Globe, attesting to his good work, and a letter from a friend and neighbor attesting to his good conduct since his release from prison. Leroy Dowdell, who lives across from where the Petitioner now works, testified concerning Petitioner's reputation. Petitioner possesses a good reputation in the neighborhood. Dowdell stated he would trust the Petitioner to guard his personal property. The Petitioner stated that he wanted to be licensed because he could earn good money to support himself and his family, and that a knee injury and his criminal record had kept him from finding well-paid employment. Petitioner lacks a high school education. The Petitioner stated he did not list the offenses related to his escape because they occurred while he was in jail for the offense which he did list and were part of that record. Petitioner's testimony was uncontroverted.
Recommendation The Petitioner having established his reputation for honesty and fair dealing and respect for the law, he should be granted an unarmed security guard license; however, Petitioner's application for an armed security guard license should be denied. DONE and ORDERED this 8th day of April, 1982, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Mr. Willie James Summersett 2268 NW 51st Terrace Miami, Florida 33142 James V. Antista, Esquire Assistant General Counsel Department of State Division of Licensing R. A. Gray Building, Room 106 Tallahassee, Florida 32301 George Firestone, Secretary Department of State The Capitol Tallahassee, Florida 32301 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 Division of Administrative Hearings this 8th day of April, 1982.
The Issue Should the Criminal Justice Standards and Training Commission (the Commission) impose discipline on Respondent in association with her Law Enforcement Certificate 239100?
Findings Of Fact Respondent was certified by the Commission on March 31, 2004, and was issued Law Enforcement Certificate No. 239100. At times relevant to the case Respondent was a law enforcement officer with the Quincy Police Department in Quincy, Florida. On June 16, 2004, Respondent was on duty and was dispatched to investigate a disturbance at the IGA Supermarket. Respondent encountered Bobby L. Murray after the subject had left the local supermarket where he had allegedly caused a disturbance. The subject attempted to elude Respondent but was apprehended. A check was made concerning outstanding warrants that might be in effect against Mr. Murray. It was discovered that an open warrant was outstanding, to include a charge of assault on a law enforcement officer. For that reason Respondent arrested the subject and transported him to the Gadsden County Jail. Respondent did not search the subject when he was arrested nor at any other time. When Respondent and the arrestee arrived at the Gadsden County Jail, they were met at a sally-port outside of the facility by Correctional Officers Robert Dunn and Jonathan Jones. Respondent told the correctional officers that the arrestee was "kind of rowdy" and that she needed help in dealing with the subject. Respondent told the correctional officers that she had not searched the arrestee yet and that the correctional officers should search the subject. Mr. Murray was taken inside the facility to holding cell 150. Petitioner's Composite Exhibit numbered three is constituted of photos showing the interior of the facility, to include the doorway into the holding cell 150 and the booking desk. The two correctional officers took Mr. Murray inside holding cell 150 to search him. Once inside the holding cell the door was pulled closed, with the exception that perhaps an inch of space next to the door frame was not closed. Both correctional officers performed a search of the subject, separately finding a folding knife and a clear plastic bag containing a substance considered to be marijuana by its appearance. The items retrieved were in different pants pockets. In the meantime, Respondent went to the booking desk where she remained. From her vantage point she could not see inside holding cell 150 where the search was being conducted. Respondent was at the booking desk to fill out paperwork concerning the arrestee. When the correctional officers left the holding cell they turned over the suspected cannabis and knife to Respondent who was in the vicinity. When the Respondent received those items she stated words to the effect of "Thanks, that would have gotten me in a lot of trouble." This is by inference perceived to refer to consequences for Respondent if the items were not found. She took the items and exited the facility. In relation to the arrest of Mr. Murray Respondent executed a property receipt for the cannabis and knife and signed that receipt dated June 16, 2004. Petitioner's Exhibit numbered one. When Respondent arrested Mr. Murray she completed an offense report. A section within the report was a narrative about the events involved with the arrest. Petitioner's Exhibit numbered one. Part of the narrative prepared by Respondent stated "upon searching the suspect, this officer found what appeared to be cannabis and a 4-inch, Old Timer knife." The narrative portion to the report was executed on June 16, 2004, in which Respondent stated, "I swear/affirm the above statement is correct and true to the best of my knowledge and belief" and then affixed her signature with the date. The report executed by Respondent on June 16, 2004, in relation to the narrative, was sworn to and subscribed on that date before Lt. Danny L. Moore a member of the Quincy Police Department who supervised Respondent at that time. Lt. Moore also signed the narrative portion of the report. Later Lt. Moore received a fax transmission from the Gadsden County Sheriff's Office indicating that information contained in the June 16, 2004 report by Respondent was not correct, to the extent that it was asserted that a correctional officer located the contraband on the arrestee and not Respondent as had been detailed in the June 16, 2004 report. When confronted with this contradiction Respondent was counseled. This counseling session took place on June 20, 2004. At that time Respondent told Lt. Moore that she had not discovered the items found on Mr. Murray, but that she had been in the presence of the correctional officers when the search was being made and observed the items taken from the arrestee. Based upon the counseling session between Lt. Moore and Respondent, a new narrative was prepared by Respondent concerning the arrest of Mr. Murray. This narrative was prepared on June 20, 2004, and sworn to and signed by Respondent in the manner previously described for the June 16, 2004 report. The June 20, 2004 report was also signed under the authority Lt. Moore had as Respondent's supervisor and his signature was affixed on that date. Petitioner's Exhibit numbered one. The narrative prepared by Respondent on June 20, 2004, stated in pertinent part: Officers Jones and Dunn accompanied this officer in transporting Murray into the jail and holding cell. This officer then informed officers Jones and Dunn that the suspect had not been searched upon arrest for safety reasons. This officer then observed officer Dunn search Murray. This officer observed officer Dunn find a clear plastic bag containing what appeared to be cannabis and a 4-inch Old Timer knife. Officer Dunn released the contraband to this officer to be processed as evidence. On June 20, 2004, in addition to the revised narrative to the arrest report, a counseling form was executed by Lt. Moore. Petitioner's Exhibit numbered two. In the remarks section to the counseling document Respondent wrote, "This officer did not intentionally omit the chain of events. I also didn't search the subject because he is known to be violent and he was irate and cursing at me. I instructed the C.O. to search him upon arriving at the jail and watched as it was done." That counseling form was signed by Respondent and Lt. Moore, reviewed by Captain J. E. Hughes, Sr. and approved by Gerald McSwain, Chief of Police of the Quincy Police Department on the following day. The two reports and their narrative dating from June 16, 2004, and June 20, 2004, were official reports. Typically they would be forwarded to the state attorney following the arrest and relied upon by the state attorney to support a criminal prosecution. After Respondent prepared the June 20, 2004, narrative concerning the arrest, it was again reported to Lt. Moore that a correctional officer at the Gadsden County Jail indicated that Respondent had not observed the items being taken from the subject. Lt. Moore had a conversation about the matter with Sgt. Anika Hall who worked at the jail. After that conversation Lt. Moore reported the continuing conflict over the facts associated with the search to Chief McSwain and an Internal Investigation was commenced. The Internal Investigation was conducted by Lt. Marvin King, II. As part of the investigation, he took a statement from Respondent, which was recorded and transcribed. The transcription is Petitioner's Exhibit numbered four. Respondent had an attorney with her at that time. The statement was taken on July 23, 2004. When the session began Respondent was reminded that this was in relation to an Internal Investigation and that she was subject to being questioned as part of that investigation by the Quincy Police Department. The questions dealt specifically with the performance of Respondent's duties as a law enforcement officer. She was told that she had all rights and privileges granted by the Laws and Constitution of the State of Florida and the Constitution of the United States, including the right not to be compelled to incriminate herself. She was informed that neither the statement or information gathered as a consequence could be used against her in a criminal court proceeding; however, they were matters about which departmental action could be commenced. Following this advice, Respondent was placed under oath. In particular Respondent was reminded that any false statements made by her could constitute perjury. Lt. King cited Section 837.012, Florida Statutes, as authority for that remark. Lt. King went on to ask, "Do you understand that if you knowingly make material misstatements of fact to me during this investigation you will have committed the crime of perjury?" Respondent replied, "Yes sir." In the statement given on July 23, 2004, Respondent said: . . . Both correctional officers immediately took Bobby Murray into a holding cell and I went to the front desk where I got a [sic] intake form from Sgt. Hall. I took this the form, I believe I put my name on it first and then I walked back to the holding cell where Bobby Murray was. I stood right at the opening to the holding cell. I did not walk in because they were I think they both were correctional officers plus someone else standing outside the holding cell with me, right next to uh uh the gate that opens and closes and when I was standing there, the correctional officers were searching Bobby Murray and they found the cannabis and knife on Murray. (Inaudible) They gave it to me and I took it back to the desk where my form was still sitting, completed the form and Sgt. Hall was standing right there and I had the property in my hands and then I completed the form and left the county jail, . . . In her July 23, 2004, statement made to Lt. King, Respondent responded to a question. "Whenever you walked back to the holding cell was the door open or closed?" She replied "It was opened." Lt. King asked, "Alright was it opened all the way or . . ." and Respondent answered "it was opened all the way." Lt. King then asked "Ok, um had the [sic] already done the search at that point?" Respondent replied "I, when I walked up they were pulling the cannabis out of Bobby Murray's pocket and after that they found a knife, so I believe I walked up as they were searching him, but they had not found the stuff while I was at the desk." At another place in the statement made on July 23, 2004, Respondent said ". . . and just happened to see them taking stuff off of Murray and went to watch them search Murray and then went back to complete the report. " Concerning the original narrative provided in the June 16, 2004, report Lt. King asked, ". . . OK, on the original or on the offense report narrative, OK on the first one it's got on top of it is the reason I am going to identify it as the first narrative OK, it states on there upon searching the suspect this officer found what appeared to be a [sic] cannabis and a 4-inch Old Timer knife, um is that a correct statement?" Officer Couch responded, "Its not a [sic] detailed as it could be, but I believe that it is correct." Then Lt. King stated, "That this officer found the marijuana would be a correct statement?" Respondent replied, "This I believe that this statement is a blanket statement that I use on every narrative and it was not intended to appear that I had searched the subject or that I had found the cannabis or the 4-inch knife, it was just a blanket statement that I used. I didn't intend for it to seem like I searched Bobby Murray." In another place within her statement Respondent said, " . . . The only thing I can figure is that Dunn and Jones was [sic] searching him and I was standing right there and they weren't even looking at me, but the door was open and they were searching. The holding cell when you walk in there's a chair like a bench to the right and officer or Bobby Murray was standing facing away from me sort of catty cornered to the right and officer [sic] Dunn and Jones were facing towards the south side of the wall so I'm not sure if they would have seen me standing there, but I know that I was there because I saw him take the cannabis out of his pocket. They didn't ever exit the holding cell while I was at the booking desk or while I was standing there. They handed it to me from the holding cell. I was standing right outside the door and then he handed it to me right then. They never exited the holding cell to come out and get me at any time. . . . " This was followed by Respondent's remark: "I know that I was there." In another place in the statement provided on July 23, 2004, Respondent said, ". . . I know that I was there and I know that I did see him take the stuff out of his pocket and I remember the motion, I remember him leaning over taking it out of his pocket and then turning towards Bobby and then handing [sic] to me outside the holding cell." Concerning the location of the suspect in the cell Respondent then said, "He was standing towards, he was standing towards the east wall of the holding cell and he's kind of he's kind of short so he was standing right in front of the bench that's on the west side of the wall, right up against it, but he was I am, I am not sure he had his hand up or down, but he wasn't back against the wall with his hands on the wall or anything, he was facing away from me towards the east then Jones and Dunn were facing the south side wall." When asked if the suspect was struggling at the time Respondent said, "He was very calm with them. He was cursing but he wasn't physically [sic]." When asked whether both officers Jones and Dunn were searching the suspect at the same time Respondent replied, "I believe that just one of them were [sic] searching and the other was just standing there too." Then Respondent goes on to say, "Yeah to provide security standby." In fact, as stated before, both correctional officers searched Mr. Murray and a correctional officer was standing on each side of the subject. They each searched the side where they were standing.
Recommendation Upon consideration of the facts found and conclusions of law reached, it is RECOMMENDED: That a Final Order be entered finding violations of the Statutes and Rules referred to and suspending Respondent's Law Enforcement Certificate No. 239100 for 60 days. DONE AND ENTERED this 13th day of June, 2005, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of June, 2005. COPIES FURNISHED: Joseph S. White, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Amber B. Couch Michael Crews, Program Director Criminal Justice Standards and Training Commission Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
