Findings Of Fact Reginald Von Britt applied to the Department of State for a Class "F" unarmed guard license. Von Britt reported only his arrest for disorderly conduct in 1977 in response to Question 13 on the application. The Department denied Von Britt's application on the grounds that he was convicted of a crime involving moral turpitude, that he failed to meet character qualifications, that he misrepresented himself and falsified his application, and that his conduct was against the interest of the public. Von Britt admitted that he had been arrested on the occasions indicated in the letter of denial (Exhibit 2) and had been convicted of the offenses charged. Von Britt stated, and his testimony is accepted, that he was told not to report his entire criminal record by the representative of his employer who helped him fill out his application because it would result in denial of his license. Of the crimes for which Von Britt was arrested, assault and battery, procuring for prostitution, and felony passing of worthless bank checks are crimes involving moral turpitude and reflect adversely on Von Britt's character.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of State deny the application of Reginald Von Britt for licensure as a Class "F" unarmed security guard. DONE and ORDERED this 21st day of February, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Reginald Von Britt 2306 North Harold Street Tampa, Florida 33607
Findings Of Fact The Petitioner's application for unarmed guard license reveals that she has been arrested several times on charges of failing to appear, conspiracy to commit robbery or kidnapping, and escape. Although some of the charges were serious, it does not appear that she has ever been convicted of any crime involving moral turpitude or dishonest dealings, or that she has ever lost her civil rights. It does appear that the Petitioner is qualified for licensure as an unarmed guard.
The Issue The issue presented in this case was whether the Petitioner had falsified his application for a licensure as an employee guard by failing to report his arrest and conviction of a felony and by not having had his civil rights restored.
Findings Of Fact James McClure applied for licensure as an employee guard to the Division of Licensing. In his application he stated that he had been arrested and indicated that the arrest was for driving with no driver's license. McClure stated that he had earlier been arrested for robbery in 1959 and subsequently convicted of that offense. He was sentenced to prison and served five years and six months for this offense. McClure failed to state that he had been arrested and convicted for this offense. McClure stated that he did not report this arrest and conviction because he did not think it was important. McClure stated that his record in now clean and that he has not been arrested since 1969 or '70 for driving without a license. McClure did not know whether his civil rights had been restored; however, he had taken no action to have them restored.
The Issue Has Mr. Aylwin demonstrated that he possesses the requirements of Section 493.306, Florida Statutes (1981) to be licensed as a security guard by the Department?
Findings Of Fact On March , 1981, Mr. Aylwin applied for a Class "D" and "G" Security Guard License from the Department. Question 13 of the application form submitted by Petitioner asked if he had ever been arrested. Mr. Aylwin checked the box marked "No." On May 5, 1981, the Department sent a letter to Mr. Aylwin which stated in part: Your application for the above referenced license has been denied pursuant to the Florida Statutes as cited, and facts stated, in the attachment (applicable portions of the statutes are indicated with an "X"). The items checked included: X Chapter 493.306(2)(b)(1) "There is a substantial connection between the lack of good moral character of the applicant and the business for which the license is sought." X Chapter 493.306(6)(b) "Demonstrate fitness to carry a firearm based upon a complete background investigation by the department of the individual's police record and general character. X Chapter 493.309(1)(c) "Such other investigation of individual as the department may deem necessary." Chapter 493.319: X (1)(a) "Fraud or w11lful misrepresentation in application for or in obtaining a license;" X (1)(c) "Having been found gu11ty of the commission of a crime which directly relates to the business for which the license is held, regardless of adjudication;" X (1)(j) "Commission of assault, battery, or kidnapping or use of force or violence on any person except in self-defense or in the defense of a client;" x (1)(p) "Violating any provision of this chapter." On September 4, 1971, Petitioner was convicted of assault and battery on a police officer in Fort Lauderdale, Florida. He was sentenced to a fine of $202 or thirty-three days in ja11. In 1976 Petitioner was arrested for driving while intoxicated. The charged was later reduced to reckless driving and he was convicted. Petitioner admits to a drinking problem and stated at the final hearing that his use of alcohol was part of the cause for his conviction for assault and battery and for the current loss of his driver's license for traffic violations. No credible evidence other than the lapse of time was presented to establish the rehab11itation of Petitioner from the effects of his assault and battery conviction. Petitioner's explanation of why he did not truthfully answer question #13 on his application is not accepted as credible. It is found that he w11lfully gave a false answer to question #13.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Department of State, Division of Licensing enter a Final Order denying the application of Rudolph T. Aylwin for both a Class "G" and a Class "D" Security Guard License. DONE and RECOMMENDED this 24th day of August, 1982, in Tallahassee, Florida. MICHAEL P. DODSON Hearing Officer Division of Administrative Hearings The Oakland Bu11ding 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 F11ed with the Clerk of the Division of Administrative Hearings this 24th day of August,1982. COPIES FURNISHED: Rudolph T. Aylwin 321 C SE 11 Street Pompano Beach, Florida 33060 James V. Antista, Esquire Department of State Division of Licensing The Capitol Tallahassee, Florida 32301 George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Don Hazelton, Director Division of Licensing Department of State The Capitol Tallahassee, Florida 32301
The Issue Whether Petitioner should receive a General Lines Agent license, pursuant to Sections 626.611 or 626.621, Florida Statutes.
Findings Of Fact On April 10, 2003, Petitioner applied for licensure as a General Lines Agent. On May 22, 2003, Respondent denied Petitioner's application for licensure due to his criminal history. On May 30, 2003, Petitioner submitted a timely Election of Rights form, which requested a hearing before the Division of Administrative Hearings. On February 23, 1996, Petitioner was charged with two counts of Depositing Worthless Item with Intent to Defraud in the Circuit Court in and for Orange County, Florida. On July 2, 1996, Petitioner pled nolo contendere to two counts of Depositing Worthless Item with Intent to Defraud. Adjudication of guilt was withheld by the circuit court, and Petitioner was placed on supervised probation for one year and ordered to pay restitution. On March 31, 1997, Petitioner's probation was modified, and then on June 30, 1997, Petitioner's probation was terminated. Petitioner testified as to the circumstances surrounding his plea of nolo contendere to Depositing Worthless Item with Intent to Defraud. He stated that a cousin gave him two post-dated checks to repay a debt and that he deposited them on different days but sought and received permission from his credit union for the immediate release of the funds, in the total amount of $1,435.00. Upon receiving the funds, he used the proceeds to make payments on other accounts. Approximately 30 days later, the credit union informed him that the two checks were returned and marked "account closed" and demanded immediate reimbursement. Petitioner testified that he was only able to make a partial repayment, and, therefore, criminal charges were filed by the state attorney. On the advice of his counsel, he pled nolo contendere to both charges and was placed on probation. While on probation, he repaid approximately 40 percent of the debt and fines. Petitioner believes there is an outstanding balance due of $256.00 plus interest and penalties, for which he is unable to pay because he is presently unemployed. Petitioner testified that he is a trustworthy person and should be granted a waiver from the rules requiring a waiting period, following his conviction, before becoming eligible for licensure. The reason for this request is that he did not intentionally commit these crimes; that he previously worked 20 years successfully in the airline industry which required a background screening for his position; and that he has been studying hard and been offered employment by Liberty Mutual Insurance Group in Orlando, Florida, who did their own background check and approved him for employment.
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 licensure as a General Lines Agent in this state. DONE AND ENTERED this 24th day of September, 2003, in Tallahassee, Leon County, Florida. S DANIEL M. KILBRIDE 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 24th day of September, 2003. COPIES FURNISHED: Ladasiah Jackson, Esquire Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333 Joseph M. Santino 3201 South Semoran Boulevard Number 39 Orlando, Florida 32822-2678 Mark Casteel, General Counsel Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Honorable Tom Gallagher Chief Financial Officer Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300
The Issue Whether Respondent committed the violation alleged in the Administrative Complaint issued against him and, if so, what penalty should be imposed.
Findings Of Fact Based on the evidence adduced at "formal hearing," and the record as a whole, including the parties' Joint Stipulation, the following findings of fact are made: Respondent is now, and has been since February 19, 1998, certified as a correctional officer in the State of Florida. He holds Correctional Certificate Number 178896. On February 19, 1982, Respondent was certified as a law enforcement officer in the State of Florida and issued Law Enforcement Certificate Number 34142, which has since expired. Respondent is now, and has been since shortly after receiving his bachelor of science degree in education from Slippery Rock University, certified as a teacher in the State of Florida. From the early 1980's until 1993, Respondent worked as a police officer for various law enforcement agencies in Florida. In 1985, Respondent was physically arrested and charged with battery in Pinellas County. He was acquitted of the charge following a jury trial. After the acquittal, at Respondent's request, records relating to the matter were ordered sealed. In the mid 1990's, Respondent worked for Wackenhut Corporation as a teacher at correctional facilities in Moore Haven and South Bay, Florida. While working for Wackenhut in South Bay, Respondent was asked to assist in the "start up" of a "work release center" in Broward County, Florida, that Wackenhut was going to operate for the Broward County Sheriff's Office. Pursuant to Wackenhut policy, Respondent had to "go through a correctional academy" before assuming his new duties. After graduating from the "correctional academy," Respondent relocated to Broward County and began his new assignment for Wackenhut. Respondent's primary tasks were to "draw[] up all the rules and regulations for the [soon to be opened] facility" and "interview[] people for jobs." Respondent was housed in a "temporary [Wackenhut] office" in Lauderdale-by-the-Sea, Florida, along with others involved in the effort to open the facility, including Richard Fortenberry, who was going to be the facility administrator. On September 26, 1997, Respondent was accused of stealing a "couple of packs of playing cards" from a retail establishment in Palm Beach County, Florida. The Palm Beach County Sheriff's Office deputy on the scene issued Respondent a notice to appear2 in lieu of physically arresting Respondent. As directed, Respondent subsequently appeared in the Criminal Division of Palm Beach County Court to respond (in Palm Beach County Court Case No. 97-024167 MM A04) to the retail theft accusation made against him. On November 17, 1997, Respondent signed a Deferred Prosecution Agreement in Palm Beach County Court Case No. 97- 024167 MM A04,3 which provided that, if Respondent complied with the[] "conditions [set forth in the agreement] during the [three-month] period of Deferred Prosecution, no criminal prosecution concerning this charge [of retail theft] [would] be instituted " On December 22, 1997, the Palm Beach County State Attorney's Office issued a Nolle Prosse in Palm Beach County Court Case No. 97-024167 MM A04. The Broward County "work release center" was scheduled to open in February of 1998. Respondent was to occupy a "lead supervisor" position at the facility when it opened. Before he was able to assume this position, however, Respondent needed to fill out an "extensive" application (even though he was already employed by Wackenhut) and pass a pre- employment review conducted by the Broward County Sheriff's Office. Respondent filled out the application, "to the best of [his] ability," in October of 1997. On the application, he mentioned the 1985 Pinellas County battery charge of which he was acquitted, but not the notice to appear that he had received the previous month.4 Deputy James Diefenbacher was the Broward County Sheriff's Office "contract manager" for the Broward County "work release center" project. In November of 1997, after Respondent had entered into his Deferred Prosecution Agreement in Palm Beach County Court Case No. 97-024167 MM A04, Mr. Fortenberry told Respondent that Deputy Diefenbacher needed from Respondent certain documents concerning the 1985 Pinellas County battery charge in order for Deputy Diefenbacher to complete his pre-employment review of Respondent's background. Respondent promptly furnished Deputy Diefenbacher the requested documents. On December 31, 1997, Deputy Diefenbacher "showed up" at Respondent's office in Lauderdale-by-the-Sea and told Respondent that he "needed to talk to [Respondent] real quick." It was New Year's Eve. The "handful of people," including Respondent, who were there, were finishing up there work for the day so the office could close early. After he and Respondent "looked over [Respondent's] application" together, Deputy Diefenbacher turned on a tape recorder, "swore [Respondent] in," presented Respondent with a document, and told Respondent, "I need you to sign this document here. It means that you don't have any other arrest history."5 The document, which was typed on Broward County Sheriff's Office letterhead, read as follows: I swear under oath that all information regarding my criminal history has been presented to the Broward Sheriff's Office. My criminal history consists of a charge of simple battery, of which I was found not guilty of all charges by the court. Not [sic] other criminal history exists. SWORN AND ATTESTED TO BY TIMOTHY J. MILLER ON THIS 31ST DAY OF DECEMBER NINETEEN HUNDRED NINETY SEVEN. Signed By: DEPUTY JAMES DIEFENBACHER OF THE BROWARD SHERIFF'S OFFICE Signed CCN# Respondent signed the document without reading it. Respondent took Deputy Diefenbacher at his word that, by signing the document, Respondent was attesting that he had no other arrests other than his 1985 arrest in Pinellas County for battery. Respondent did not intend to deceive anyone in signing the document. He believed that the information contained in the document (as explained to him by Deputy Diefenbacher) was true.6 He did not consider his having been given a notice to appear (on September 26, 1997, in Palm Beach County) to have constituted an arrest.7 Nonetheless, "a couple [of] years later," Petitioner was charged with and tried for perjury in connection with his signing the document; however, he was acquitted of the charge.8
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Criminal Justice Standards and Training Commission issue a Final Order dismissing the Administrative Complaint issued against Respondent in the instant case. DONE AND ENTERED this 16th day of February, 2004, in Tallahassee, Leon County, Florida. S STUART M. LERNER 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 16th day of February, 2004.
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 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
Findings Of Fact The Respondent filed a license application with the Division of Licensing, Department of State for a Class "D" Unarmed Guard License on January 27, 1983. The Division of Licensing did not approve or deny the license application of Carlos Hernan Garcia within the 90-day period from the date of receipt of the application and, accordingly, by operation of Section 120.60(2), Florida Statutes, the Division issued to Respondent a Class "D" Unarmed Security Guard License which expires on May 14, 1983. But for the operation of the 90-day rule, the Division of Licensing would not have issued the Respondent an Unarmed Security Guard License. On July 17, 1983 the Division of Licensing issued an administrative complaint to revoke the license on grounds that the Respondent willfully misrepresented his criminal record in his application in violation of Section 495.319(1)(a), Florida Statutes, committed an assault and battery other than in self defense and committed criminal acts which directly relate to the business for which the license was sought in violation of Sections 493.319(1)(c) and (j), Florida Statutes. On May 19, 1979, the Respondent (while intoxicated) struck a police officer who was investigating a traffic accident in which the Respondent was involved. The Respondent was convicted of assault and battery upon a police officer and received six months probation and adjudication was withheld. On August 5, 1980, the Respondent was responsible for a fire which occurred in the bathroom of a restaurant during business hours for which he was convicted of criminal mischief. On or about October 29, 1982, the Respondent was carrying a concealed firearm, a 25-caliber pistol, without a license or permit required by Sections 790.05 and 790.06, Florida Statutes (1981). Following an argument which took place outside an apartment house, the Respondent shot and injured another person with the pistol. No criminal charges were brought and there was no prosecution as a result of this incident. The Respondent, who reads and writes English, failed to complete question number 13 on his security guard application, pertaining to past criminal arrests and convictions, by omitting any reference to the assault and battery and criminal mischief convictions, since the Respondent knew that he could be denied a license for having committed such crimes, and knowing that the omission, if discovered, would be grounds for denial of his license.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That a Final Order be entered revoking the Class "D" license of the Respondent Carlos Hernan Garcia. DONE and ENTERED this 15th day of March, 1984, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 904/480-9675 Filed with the Clerk of the Division of Administrative Hearings this 15 day of March, 1984. COPIES FURNISHED: James V. Antista, Esquire Department of State The Capitol Tallahassee, Florida 32301 Carlos Hernan Garcia 9380 West Flagler Street, #120 Miami, Florida 33130 George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Mary Gast, Director Division of Licensing The Capitol Tallahassee, Florida 32301
Findings Of Fact 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.
