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 Whether Petitioner should be granted a Class "D" Security Officer license.
Findings Of Fact Petitioner, Cherubin Bastien (Bastien) filed an application with Respondent, Department of State, Division of Licensing (Department) for a Class "D" Security Officer license on July 1, 1994. The Department denied Bastien's application by letter dated August 24, 1994. At final hearing the only basis for denial at issue was that Petitioner was currently serving felony probation. On October 14, 1993, Bastien was sentenced, in State of Florida v. Cherubin Bastien, Case No. 93-5337CF10, on a charge of aggravated assault (firearm), before the Circuit Court of the 17th Judicial Circuit in and for Broward County, to two and one half years probation, and adjudication was withheld. Bastien's probation will not terminate until April, 1996. Bastien is currently on probation and was on probation at the time that he filed his application on July 1, 1994.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Cherubin Bastien's application for a Class "D" Security Officer License be denied. DONE AND ENTERED this 5th day of May, 1995, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 5th day of May, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-219S To comply with the requirements of Section 120.59(2), Florida Statutes (1993), the following rulings are made on the parties' proposed findings of fact: Respondent's Proposed Findings of Fact. Paragraphs 1-6: Accepted in substance. Paragraph 7: Rejected as unnecessary. COPIES FURNISHED: Richard R. Whidden, Jr., Esquire Department of State/Division of Licensing The Capitol, MS-4 Tallahassee, Florida 32399-0250 Cherubim Bastien 2322 Johnson Street, Apt. 1 Hollywood, Florida 33020 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell 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
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 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.
Findings Of Fact Gus B. Patterson is an applicant for a guard license for which he has filed an application with the Division of Licensing, Department of State. On his application, Patterson reveals that he has been arrested several times for various offenses. Patterson also showed that he had been employed as an armed guard for Pat Lane from 1972 to 1974. During this period he had been promoted to a supervisor. He was subsequently employed by Bradley, and held that position for three years until a new licensing requirement was enacted. He thereafter applied and his application was denied. The primary areas of concern to the Division of Licensing, Department of State were the allegations that Patterson had been arrested for breaking and entering in 1968. In 1975 Patterson was arrested for striking another car and sentenced to ten days for driving while intoxicated in lieu of paying $150 fine. He was also arrested and paid a fine for receiving stollen property, specifically an inspection certificate for his automobile which his daughter had obtained when she was suppose to get the car inspected. Patterson explained that he had had a series of brushes with the law rising out of his marriage in New York State. This culminated in his pleading guilty to a reduced charge of assault and burglary in 1968. In addition to the facts presented at the hearing, the Hearing Officer had an opportunity to observe and consider Mr. Patterson's testimony. Mr. Patterson is a mature black male who has a dry sense of humor and can, at this point in his life, laugh about the problems which he had with his ex-wife and the problems which this created for him. Since 1968, Patterson has obtained custody of one of his children from that marriage who resides with Patterson in his home in Miami. Patterson explained that he entered his plea of guilty because he had been in pretrial confinement for approximately one year and had used all of his money to pay an attorney from Georgia to represent him who the judge would not permit to appear in his behalf because he was not a member of the bar of New York.
Recommendation Based on the findings of fact, conclusions of law and factors in mitigation, the Hearing Officer would recommend that the Division of Licensing, Department of State grant Gus B. Patterson a class F license as an unarmed watchman, guard or patrolman employee. 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: Arlyne Warshall, Esquire Legal Services of Greater Miami, Inc. Post Office Box 47000N Miami, Florida 33147 Gus B. Patterson 2500 North West 173rd Terrace Opa Locka, Florida Gerald B. Curington, Esquire Department of State The Capitol Tallahassee, Florida 32304 Marvin Sirotowitz Bureau Chief Division of Licensing The Capitol Tallahassee, Florida 32304
Findings Of Fact Based on the exhibits received in evidence and the testimony of the witnesses, I make the following findings of fact. The Respondent holds a Class "D", unarmed security guard license, No. GD-0106713, which was most recently renewed on July 3, 1983. The Respondent also holds a Class "G", statewide gun permit (armed security guard license) , No. GG-0025231, which was issued on July 3, 1983. The Division of Licensing of the Department of State did not approve or deny the Respondent's application for a Class "G" license within a 90-day period from the date of receipt of the application and, accordingly, by operation of Section 120.60(2), Florida Statutes, the Division was required to, and in fact did, issue a Class "G" license to the Respondent. Except for the operation of the 90-day provision in Section 120.60(2), Florida Statutes, the Division of Licensing would not have issued the Respondent a statewide gun permit because of the Respondent's criminal record. For the same reason, it was a mistake for the Division of Licensing to renew the Respondent's Class "D" license in 1983. On February 28, 1977, the Respondent was arrested on the roof of a department-store and charged with burglary, to which he entered a plea of nolo contendre. Adjudication was withheld and the Respondent was placed on probation for 5 years. During the summer of 1980, the Respondent and two of his friends apprehended two thieves who had stolen some personal property from a vehicle. Later, the Respondent appeared in court to testify against the two thieves. On April 15, 1981, the Respondent was arrested for grand larceny. On November 9, 1981, the Respondent entered a plea of guilty to a larceny charge of failing to redeliver a hired motor vehicle. Adjudication was withheld and the Respondent was placed on probation for one year.
Recommendation Based on the foregoing it is recommended that the De- partment of State issue a Final Order which (a) Would revoke Respondent's Class "D" and Class "G" licenses and (b) would order Respondent to forthwith return such licenses to the Department of State. DONE and ORDERED this 25th day of September, 1984, at Tallahassee, Florida. MICHAEL M. PARRISH 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 25th day of September, 1984 COPIES FURNISHED: Honorable George Firestone Secretary of State Department of State 1801 The Capitol Tallahassee, Florida 32301 James V. Antista, Esquire Senior Attorney Department of State The Capitol Tallahassee, Florida 32301 Mr. Stuart Phillip Coon 12824 Southwest 114 Terrace Miami, Florida 33183
Findings Of Fact In March, 1955 the Petitioner was convicted in Federal Court in the Southern District of Florida of the felony Interstate Transportation of Forged Checks. He was placed on probation. Shortly thereafter the Petitioner was again arrested for probation violation and he served a three-years sentence. He was released from prison in 1958. It does not appear that the Petitioner's civil rights have been restored to him. The Petitioner is in all other respects entitled to be issued a license as an employee guard.
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 =================================================================
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
