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
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
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 Question numbered 13 of Respondent's application for licensure form reads as follows: "Have you ever been arrested[?] If yes, list any and all arrests and dispositions. This may or may not be grounds for denial." In response to this question, Petitioner advised that he had never been arrested. Petitioner was arrested in 1972 for burglary of a building and grand larceny; in 1973 for possession of marijuana; again in 1973 for trespassing and possession of dangerous drugs; twice more in 1973 for probation violations; in 1974 for buying, receiving and concealing stolen property; twice in 1975 for buying, receiving and concealing stolen property; in 1975 for possession of heroin; in 1976 for burglary, possession of burglary tools, possession of stolen property, and breaking and entering automobiles; and in 1977 for probation violations. Adjudication was withheld on the 1972 charges, and Petitioner was Placed on five years' probation. A number of the other charges were dismissed. However, Petitioner was convicted of the trespassing and possession of dangerous drugs in 1973; of buying, receiving and concealing stolen property in 1975; of possession of burglary tools and breaking and entering automobiles in 1976; and of probation violation in 1977. Since his last conviction, Petitioner has married and now has a family. Petitioner and his parents believe that Petitioner's new family indicate that he is rehabilitated and is now of good moral character in spite of the fact that Petitioner admits he knowingly gave false information in response to Question numbered 13 on his application for licensure.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is, therefore, RECOMMENDED THAT: A final order be entered denying Petitioner's application for licensure as both an armed and unarmed security guard. RECOMMENDED this 7th day of January, 1981, in Tallahassee, Florida. LINDA M. RIGOT 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 7th day of January, 1981. COPIES FURNISHED: Mr. Alvin J. Goings 1711 North West 87th Street Miami, Florida 33147 W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 The Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301
Findings Of Fact Ozell Barnes applied for a license as an armed and unarmed guard. He was granted an unarmed guard license. Barnes is employed as a caretaker/gardener at a nursing home for the elderly. Barnes' employer has no requirement for an armed guard, and Barnes' duties do not require him to be armed. Barnes is a remarkable man who, as a black deaf-mute, supports himself and his family in a regular competitive job. Because of his deafness, his written communication is often initially unclear to those not familiar with it; however, having met Mr. Barnes and having observed him during the hearing, the Hearing Officer finds that he is intelligent, well-oriented, and perceptive. Barnes qualified with a pistol; however, his instructor was not approved by the Department of State, Division of Licensing, as required by the statutes and rules. Barnes suffers from hypertension.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Petitioner's application for licensure as an armed guard be denied. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 21st day of December, 1979. 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 21st day of December, 1979. COPIES FURNISHED: W.J. Gladwin, Jr., Esq. Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Ozell Barnes 3009 Carver Street Fort Pierce, Florida 33450
Findings Of Fact On November 5, 1987, Respondent James Louis Graves, then serving as an armed guard with Federal Armored Express, Inc., in Tampa, placed a telephone call from the vault of a branch of the Sun Bank in Tampa to his supervisor, Jerome E. Schwiegerath. The Sun Bank of Florida is a customer of Federal Armored Express, Inc. During this call, Respondent asked Mr. Schwiegerath why he could not get his pay check early instead of waiting until the end of the business day. Mr. Schwiegerath explained the reason but Respondent did not accept it and called Mr. Schwiegerath an "ass hole". After receiving this call, Mr. Schwiegerath told his superior what had happened and was instructed to fire Respondent for using abusive language in a customer's establishment. This conduct is a violation of company policy and grounds for dismissal. When Respondent came into the company office later that afternoon and cleared his account, Mr. Schwiegerath called him into his office where he advised Respondent he was discharged because of the phone call that he had made. Mr. Schwiegerath indicated that the basis for the discharge was Respondent's use of abusive language in a customer's establishment, a violation of company policy. At that time, he furnished Respondent a copy of the company's regulations. Respondent became violent and angry, cursing Mr. Schwiegerath and using profanity. When Mr. Schwiegerath turned away, Respondent swung at him and hit him two times, turning the desk behind which Schwiegerath was sitting over into his lap. When two other employees, Mr. McLean and Tom, came in, Respondent struck Tom as well. There is some evidence that Respondent pulled his weapon after Mr. Scwiegerath fell. Witnesses saw him with his weapon out. Mr. Schwiegerath contends Respondent pulled his weapon and pointed it at him for no reason. Respondent, on the other hand, indicates that he pulled his weapon in self defense only when Mr. Schwiegerath reached for his own weapon which, Respondent contends, had been laying on the desk. There is no doubt that Respondent unholstered his weapon and had it in his hand at some time during the altercation. When the police arrived, ten to twelve minutes later, Respondent, who had kept the weapon in his hand in the interim, holstered it before being told to do so by the police and was calm and cooperative with them. He was, nonetheless, arrested and, pursuant to his plea of nolo contendere to the offense of battery, found guilty in Hillsborough County Court on February 4, 1988. He was sentenced to pay $150 court costs, and was placed on six months probation. The offense of battery as tried in county court constitutes a first degree misdemeanor under provisions of Chapter 784.03, Florida Statutes. Both Mr. Schweigerath and Mrs. McLean were of the opinion that, based on his violent temper, Respondent should not be licensed as an armed guard and neither would again hire him in that capacity. Other than by reference in closing argument by counsel, which is not evidence, at no time did Petitioner, either by testimony or by documentation, establish that Respondent held either of the two licenses alleged in the order of emergency suspension.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that the Order of Emergency Suspension imposed upon Respondent be lifted and the action to revoke his permits as alleged be dismissed. RECOMMENDED in Tallahassee, Florida this 19th day of April, 1988. ARNOLD H. POLLOCK 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 19th day of April, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-0812 The following constituted my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. By Petitioner 1. Rejected as unsupported by competent evidence of record. 2.-7. Accepted. 8. & 9. Accepted but irrelevant to the issues. 10.-13. Accepted and incorporated herein. COPIES FURNISHED: R. Timothy Jansen, Esquire Assistant General Counsel Florida Department of State The Capitol Tallahassee, Florida 32399-0250 James L. Graves 2002 North Armenia Apartment 12 Tampa, Florida 33607 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 =================================================================
The Issue The issue presented in this case was whether the application of Albert Harris for a class F license as an unarmed watchman, guard or patrolman employee should be granted or denied.
Findings Of Fact Albert Harris is an applicant for a class F license as an unarmed watchman, guard or patrolman employee. Harris was convicted of 1st degree murder in 1940 in the State of Florida, and sentenced to life in prison. Harris was paroled in 1960, 1965 and 1968. Since his release from imprisonment on parole in 1968, Harris has been arrested and fined for driving while intoxicated. No evidence was introduced that Harris' civil rights had been restored.
Recommendation Based on the foregoing findings of fact and conclusions of law, the Hearing Officer would recommend that the application of Albert Harris for a class F license be denied. DONE AND ORDERED this 21st day of July, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of July, 1978. COPIES FURNISHED: Albert Harris 6969 North West 17th Avenue Miami, Florida 33147 Marvin Sirotowitz, Bureau Chief Division of Licensing The Capitol Tallahassee, Florida 32304 Gerald Curington, Esquire Assistant General Counsel Department of State Plaza Level, New Capitol Bldg. Tallahassee, Florida 32304
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer would recommend that Truitt's application for an unarmed (Class F) guard license be granted, but that his application for an armed (Class G) guard license be denied. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 2nd day of April, 1979. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of April, 1979 COPIES FURNISHED: Roy L. Truitt, Sr. 129 NW 60th Court Miami, Florida 33126 Gerald B. Curington, Esquire Department of State The Capitol Tallahassee, Flordia 32304
Findings Of Fact Respondent's Class "D" Security Guard license expired on September 10, 1993. On or about October 29, 1993, Respondent was employed by Thoney Georges Investigations. During the period October 29 through November 2, 1993, Respondent performed the duties of a security officer after expiration of his Class "D" license. On November 3, 1993, Respondent renewed his Class "D" Security Guard license.
Recommendation Upon consideration of all of the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued in this case concluding that the Respondent is guilty of having violated Section 493.6118(1)(g), Florida Statutes, and imposing the following penalty: issuance of a reprimand and imposition of an administrative fine in the amount of one hundred dollars ($100.00). DONE AND ENTERED in Tallahassee, Leon County, Florida, this 16th day of November 1994. MICHAEL M. PARRISH 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 16th day of November 1994. COPIES FURNISHED: Kristi Reid Bronson, Esquire Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Mr. Letroy Altidor 12300 N.E. 4th Avenue, #323 Miami, Florida 33161 The Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250
Findings Of Fact The parties stipulated ,that Max Bower had submitted an application for licensure as an unarmed guard to the Division of Licensing, and that Bower was qualified for licensure except for the grounds stated in the letter of denial dated March 9, 1979. Max Bower has been convicted and sentenced on three occasions for commission of a felony under the laws of the State of Florida. Bower admitted his arrest, conviction, and having served time in the New Jersey Penitentiary and in the Dade County Jail. His last conviction was in New Jersey, where he was sentenced to five to seven years and was released in October, 1971. Since that time, Bower has not been arrested for any offenses. Max Bower has pending at this time an application for restoration of his civil rights. Due to administrative delay, it will be several months before his application will be considered. Bower is currently employed with International Patrol and works as an unarmed guard from 12:00 midnight until 8:00 a.m. in the Justice Building (County Court Building) in Miami, Dade County, Florida.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Division of Licensing grant Max Bower a license as an unarmed guard (Class "F") at such time that his civil rights are restored. DONE and ORDERED this 11th day of June, 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 11th day of June, 1979. COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Max Bower 10 South West 2nd Avenue Miami, Florida 33130
