Findings Of Fact Herbert L. Lambert is a 24-year-old whit male. He is a high school graduate and able to read and write. On August 18, 1982, Lambert applied for licensure as an unarmed guard. On November 18, 1982, the Department of State denied Lamberts application for licensure: (a) because of fraud and misrepresentation on his application by failing to report his arrests on March 26, 1981, for larceny, and on April 9, 1982, for burglary of a conveyance; and (b) because he was found guilty of petit larceny on April 17, 1981, an offense which relates to the business for which the license is sought. The Department's denial was on the 92nd day after Lambert applied for licensure. Lambert was arrested on March 26, 1981, for petit larceny, and on April 9, 1982, for burglary of a conveyance, in Dade County, Florida. On April 17, 1981, he was convicted in Dade County, Florida, of petit larceny in March of 1981 and placed on 12 months probation. The offense of which Lambert was found guilty directly relates to the license which he seeks. The charges relating to his second arrest were nolle prossed. Lambert did not report these arrests because he was afraid it would prejudice his application for licensure as an unarmed guard.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is found that Herbert L. Lambert was licensed as an unarmed guard by operation of law. The agency must issue the license and, if it feels it necessary, proceed to revoke it. DONE and RECOMMENDED this 15th day of April, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of April, 1983. COPIES FURNISHED: Mr. Herbert Lambert, Jr. 8600 East Dixie Highway Miami, Florida 33138 Stephen Nall, Esquire Office of General Counsel Department of State The Capitol Tallahassee, Florida 32301 The Honorable George Firestone Department of State The Capitol Tallahassee, Florida 32301
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.
Findings Of Fact In her application for issuance of an unarmed guard license, the Petitioner indicated that she had not been arrested. At the hearing it was established that the Petitioner was arrested in 1963 for disorderly conduct and fighting with a knife, convicted in 1967 of shoplifting, and convicted in 1975 of welfare fraud. The Petitioner is still making restitution on the welfare fraud charges. At the time of the hearing the Petitioner was not working as a security guard. She stated that her reason for not placing her arrest record on the application was that in the past it had prevented her from obtaining employment.
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 Prior to commencement of the hearing, the parties stipulated to the following: Jessie James Thompson applied for a Class "F" unarmed guard's license, Exhibit 1. The Department denied Thompson's application because he had failed to report his arrests as required in Question 13 of the application. The arrests in 1967 and 1978, referenced in the letter of denial, Exhibit 2, are true and accurate. Except for the grounds stated in the letter of denial, the applicant is otherwise qualified for licensure. Based on the Stipulation, the sole issue is whether Thompson falsified his application and misrepresented his qualifications on his application.
Findings Of Fact Jessie J. Thompson applied for licensure as an unarmed guard (Class "F" licensure). Thompson advised his employer's representative, Mr. Highsmith, that he had been arrested in 1967 and 1978. Highsmith checked "no" in answer to Question 13 on the application and advised Thompson that if he reported his arrests his application would be denied.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of State approve the application of Jessie James Thompson for licensure as a Class "F" unarmed guard. DONE and ORDERED this 15th 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 Filed with the Clerk of the Division of Administrative Hearings this 15th day of February, 1980. COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Jessie J. Thompson 2212 North Tamarind Avenue West Palm Beach, Florida =================================================================
The Issue The issue is whether Petitioner falsified information on his application.
Findings Of Fact Maurice A. Sanderson applied for licensure as an unarmed guard on February 24, 1981, and for licensure as an armed security guard on March 17, 1981. On both applications Sanderson answered "no" to Question #13, "Have you ever been arrested?" Sanderson stated, and his FBI records reveal, that he was arrested on June 1, 1975; June 15, 1975; and June 19, 1975, for passing worthless bank checks. On October 26, 1977, he was arrested for violating probation and leaving the area of his probation. At the time of his original arrest in 1975, Sanderson owned his own carpet installation business and was having marital problems. Sanderson wrote two business checks for less than $50, which were not good. He also wrote a business check for payment for carpet to be installed in an office complex. The check he received in payment for this carpet was worthless, which impaired Sanderson's check. This resulted in a felony charge of passing a worthless bank check. Sanderson was placed on three years' probation without adjudication on the felony charge. In 1977, Sanderson broke the terms of his probation and left Florida because of continued problems with his wife and custody of his children. In October of that year he returned to Florida and voluntarily surrendered himself to the authorities. He was placed on an additional two years' probation without adjudication for violating the terms of his original probation. Since 1977, Sanderson has not been arrested. Sanderson stated he did not report his arrest because he was afraid he would not be hired by the company by which he is now employed, Atlas Security Service, Inc. Sanderson's supervisor, James C. Starzy, testified concerning Sanderson's performance of his duties since his employment. Sanderson was initially employed as an unarmed guard at both Century Village East and West. Approximately two months later the supervisor at Century Village West was terminated by Atlas. At that time, Sanderson was promoted to supervisor. Sanderson is a lieutenant with the agency and supervises the entire guard force at Century Village West. He is directly responsible for 35 to 46 people. He conducts their training, supervises their work and coordinates their activities with police and fire units serving Century Village West. Starzy praised Sanderson as a good worker, a responsible officer and a good supervisor. Sanderson has progressed from a wage of $3.10 per hour to approximately $550 biweekly plus a car and expenses. Starzy stated he had contacted Sanderson's probation officer when this problem arose and received a favorable report from the probation officer on Sanderson. None of the guards at Century Village West are armed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, and is considered of factors in mitigation, the Hearing Officer recommends that Maurice A. Sanderson be granted licensure as an unarmed guard, and that he be advised to resubmit his application for licensure as an armed guard in accordance with the statutes. DONE and ORDERED this 22nd 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 22nd day of July, 1981. COPIES FURNISHED: Mr. Maurice A. Sanderson 1251 SW Fifth Terrace Deerfield Beach, Florida 33441 James V. Antista, Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 George Firestone, Secretary Department of State The Capitol Tallahassee, Florida 32301 =================================================================
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 issue in this case is whether the Petitioner's application for a Class "D" Security Officer License should be granted or denied.
Findings Of Fact On or about January 4, 1994, the Petitioner filed an application for a Class "D" Security Officer License pursuant to Chapter 493, Florida Statutes. On April 20, 1994, the Respondent sent a letter to the Petitioner advising him of its intention to deny his application. The sole stated ground for denial was described as "[f]ailure to qualify under Section 493.6118(1)(j). You committed an act of violence or used force on another person which was not for the lawful protection of yourself or another." The denial letter also made specific reference to the date of February 21, 1993, and specifically referred to criminal charges allegedly brought against the Petitioner on that date for battery and aggravated battery. With regard to the Respondent's basis for denial, the proof demonstrates that during the early afternoon of February 21, 1993, the Petitioner became involved in an argument with Jessica Favata, an adult female with whom he was acquainted. The intensity of the argument escalated and at one point the Petitioner physically pushed Ms. Favata. At that point a male friend of Ms. Favata, one Bradley Watson, injected himself into the argument. As the intensity of the argument between the Petitioner and Mr. Watson continued to increase, the Petitioner retrieved an aluminum baseball bat from his motor vehicle and began swinging the bat in the general direction of Mr. Watson. During the course of one of the swings of the bat, the Petitioner struck Ms. Favata on the hand with the bat. As a result of being struck by the bat, Ms. Favata's hand was visibly injured. During the course of the events described in the preceding paragraph neither Ms. Favata nor Mr. Watson were armed with any type of weapon. Similarly, neither Ms. Favata nor Mr. Watson were causing or attempting to cause physical harm to the Petitioner.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that a Final Order be issued in this case denying the Petitioner's application for a Class "D" Security Officer License. DONE AND ENTERED this 31st day of October, 1994, at Tallahassee, Leon County, Florida. 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 31st day of October, 1994.
Recommendation Upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Petitioner be issued a Class "F" Unarmed Guard License. Upon certification of his employer that his duties require him to be armed, the Hearing Officer recommends that the agency issue the Petitioner a Class "G" Armed Guard License. The Hearing Officer further recommends that the agency adopt a rule restricting all guard agencies from utilizing armed guards where the nature of their assigned duties does not warrant the use of a firearm to carry out their assignment. DONE and ENTERED this 24th day of August, 1979, in Tallahassee, 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 24th day of August, 1979. COPIES FURNISHED: W.J. Galdwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, FL 32301 John F. Cuddy, Esquire 333 East Bay Street Jacksonville, FL 32202
Findings Of Fact The Petitioner, Judge L. Williams, age 58, has been a resident of Florida for approximately 40 years, except for employment related intervals. He has a high school education, received an honorable discharge from the U.S. Navy after more than three years of service, was employed in the merchant marine service for approximately 11 years, and retired from Exxon Company, U.S.A., after almost 20 years. Since the Petitioner retired in 1975, he has held various jobs in Jacksonville. Some of his employers have been Southland Corporation (7-11 Stores), Oxford Security, and Pinkertons of Florida. The Petitioner admits having an arrest record going back to the year 1949, and continuing to June of 1979, for various charges, but he has never been convicted of a felony. He has never been arrested for an offense involving the use of a firearm, or for a crime relating to property such as burglary or larceny, and he has never lost his civil rights. However, the Petitioner has had a sexual problem. In 1951 be was arrested in Los Angeles, California, for sex perversion involving a minor, and convicted on his guilty plea. He served 30 days, after which his mother convinced him to be hospitalized to treat his sexual problem. Nevertheless, in 1954 the Petitioner was arrested in Las Vegas, Nevada, on a charge of sodomy, and paid a fine. Again, in 1956, the Petitioner was arrested in Jacksonville, Florida, on a charge of molesting minors, and convicted. He served 30 days. Finally the Petitioner's record of sex related offenses concluded in Norfolk, Virginia, in 1971 when he was arrested on a charge of soliciting for immoral purposes. He posted bond which was forfeited when he failed to appear for trial. The Petitioner also has had a problem with alcohol, stemming back to 1949 when he was arrested for driving while intoxicated in San Francisco, California. Other alcohol related offenses occurred in 1956 in Las Vegas, and in Jacksonville, Florida, in 1958, 1962, 1968, and as recently as 1979 when he was arrested on a driving while intoxicated charge. The Petitioner admits to having been affected by a social problem which he describes as drinking too much. However, he asserts that this problem, as well as his former sexual problem, are not present in his life now. The Division of Licensing has issued a Class D Unarmed Security Guard License to the Petitioner, which permits him to secure employment as an unarmed guard. The Petitioner, however, contends that even with the problems be has had in the past, and in spite of his arrest record, there is nothing in his background to demonstrate violence, and he is completely rehabilitated now from both sexual and alcohol problems. Without a gun permit, he contends that employment as a security guard is difficult to find, hard to keep, and pays less than an armed guard., The only evidence presented by the Petitioner was his own self-serving testimony, and two letters relating to his character. This is insufficient and unconvincing proof of rehabilitation from his admitted problems related to sex and alcohol, in view of the recentness of the recurrence of these problems. The charge in 1971 in Norfolk is 10 years old, but some 15 years elapsed between the sex related arrest in 1956 and the 1971 occurrence. The 1979 arrest for driving while intoxicated is only 2 years old. The totality of the evidence does not support the Petitioner's uncorroborated assertion that he is now fully rehabilitated, and does not support a finding that the Petitioner is of good moral character, or that he is fit to be licensed to carry a firearm.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Judge L. Williams for a Class G security Guard License, be denied. THIS RECOMMENDED ORDER entered on this 13th day of August, 1981, in Tallahassee, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of August, 1981. COPIES FURNISHED: Stephen O. Parker, Esquire 607 Florida Theatre Building 129 East Forsyth Street Jacksonville, Florida 32202 James V. Antista, Esquire Room 1501 The Capitol Tallahassee, Florida 32301
