The Issue Whether Respondent violated provisions of Chapter 493, Florida Statutes, as more specifically alleged in the Administrative Complaint dated April 15, 1991.
Findings Of Fact On March 14, 1991, Respondent performed the services of a security guard at a Best Western Motel in Orange County, Florida, As such he was employed by the motel. While performing the services above noted Respondent carried a 9mm Berretta automatic pistol in a holster external to his clothes. While performing the above-noted services Respondent's firearm was unloaded and he had hollow point 9mm shells in his pocket. While performing the above-noted services Respondent held neither a Class D nor Class G license. Respondent was performing the services of security guard while substituting for a relative who was ill. Respondent was working solely for the motel and was not associated with any security guard agency. The motel manager had requested that Respondent carry a unloaded firearm because several crimes had been committed in the vicinity of the motel. Respondent believed that as an employee of the motel, as contrasted with being employed by a security guard agency, Respondent did not need a security guard license. Further, Respondent believed he had a Second Amendment U.S. Constitutional right to overtly carry the firearm in the holster outside his clothing. At the time of this hearing Respondent was unemployed.
Findings Of Fact The parties stipulated that the Petitioner had applied for a Class D, Private Guard license, and that the Petitioner meets all the criteria for such licensure with the exception of one year of experience in the security field within the State of Florida. Petitioner admits that he lacks one year of experience within the State of Florida, but the record reflects that the Petitioner has the requisite knowledge and a clean record.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer must recommend that the Department of State give effect to the statutory language and deny the application of the Petitioner for licensure as a Class D, Private Guard. DONE and ORDERED this 14th day of May, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Carlton Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of May, 1979. COPIES FURNISHED: Joseph W. Fixel, Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Roy C. Hinze 1450 Sixth Avenue Vero Beach, Florida 32960
Findings Of Fact Petitioner filed an application for licensure as a Class "F" Unarmed Security Guard. Question numbered 13 on that application form is as follows: "Have you ever been arrested? If yes, list any and all arrests and dispositions." Petitioner replied affirmatively and advised that in April, 1962, he had been charged with breaking and entering in Broward County and had served a three and one-half year sentence. He further advised that he had received a pardon from Governor Askew with permission to bear firearms. Petitioner did not report any other arrests or charges, since he believed that only felonies were required to be reported. The report moved into evidence by the Respondent lists various governmental entities as contributors of fingerprints at times when Petitioner was either "arrested or received" on several charges and the disposition of each. According to that report, Petitioner was either "arrested or received" by the police department in Youngstown, Ohio, in 1952 for carrying concealed weapons. Petitioner never knew he was charged with that crime, although he does recall that at that time he was working for a railroad and there was some type of incident with the police due to the fact that he and other railroad employees were carrying mace and blackjacks. The report further reflects that in 1961 Petitioner was "arrested or received" on several breaking and entering charges by law enforcement entities in St. Petersburg, West Palm Beach, and Raiford, Florida, and that he was sentenced to a prison term. Respondent presented no evidence to indicate that any of the breaking and entering charges were other than the crime(s) for which Petitioner has received a pardon. The report further indicates that Petitioner was "arrested or received" by the police department in Fort Lauderdale, Florida, in 1968 for contempt of court, for which he was fined, and in 1970 for a "worthless check (warr)," for which he was also fined. Regarding the contempt of court charge, Petitioner was in a different courtroom on a different case, but the record is devoid of any evidence as to the type of matters involved. As to the worthless check, Petitioner attempted to redeem the check the following day, but found that he was too late.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED THAT: A Final Order be entered approving Petitioner's application for an Unarmed Security Guard License. RECOMMENDED this 3rd day of December, 1980, 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 3rd day of December, 1980. COPIES FURNISHED: Mr. Edward S. Narbut 317 South East 12th Avenue, Apt. 2 Pompano Beach, Florida 33060 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
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Respondent's application for a Class "G," Armed Security Guard, License, be denied. DONE and ORDERED this 5th day of October, 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 5th day of October, 1979. COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Wesley James Thompson, Jr. 2153 North West 103rd Terrace Miami, Florida 33146, and 13357 Ashwand Road Opa Locka, Florida 33054
Findings Of Fact The proceeding came on for hearing on the Petitioner's application for an armed security guard license. The Respondent, Department of State/Division of Licensing, is an agency of the State of Florida having jurisdiction over the licensing and regulation of security guards. The Respondent, on February 15, 1982, served notice on the Petitioner that it intended to deny his application for license, the Petitioner requested a hearing and the cause was set for hearing as delineated in the notice. Upon timely convening the hearing at 2:00 p.m. on April 28, 1982, the Petitioner failed to appear. The undersigned and the Respondent and the Respondent's witness remained in the hearing room for approximately one hour in hopes that the Petitioner might appear. The Petitioner failed to appear. The undersigned entered on the record the fact of the Petitioner's default and the fact that all concerned remained in the hearing room awaiting the Petitioner's arrival for approximately one hour. Thereupon the hearing was adjourned.
Recommendation Having considered the foregoing findings of fact and conclusions of law, it is therefore RECOMMENDED: That the petition of Karl Harry Wilson be DISMISSED. DONE and ENTERED this 22nd day of July, 1982 at Tallahassee, Florida. P. MICHAEL RUFF Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 22nd day of July, 1982. COPIES FURNISHED: Mr. Karl Harry Wilson Aquarius Restaurant Aquarius Condominium Route A1A 2751 South Ocean Drive Hollywood, Florida 33019 Stephan Nall, Esquire General Counsel Department of State The Capitol Tallahassee, Florida 32301 Donald Hazelton, Director Division of Licensing Department of State Winchester Building Tallahassee, Florida 32301 The Honorable George Firestone Secretary of State Department of State The Capitol Tallahassee, Florida 32301
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 On or about January 31, 1990, the Petitioner, John P. Fletcher, applied for a Class "D" Unarmed Security Officer license. In Section 13 of the application, the Petitioner represented that he never had been arrested. In 1957, when the Petitioner was about 21 years old, he was arrested in West Union, West Virginia, with a brother and another man, and the three were charged with stealing gasoline from a filling station. The Petitioner denies that he stole the gasoline, saying that he and his brother did not know that the third man had not paid for the gasoline for the car they were riding in. The Petitioner's mother paid restitution, and the charges were dropped. In November, 1963, when the Petitioner was about 27 years old, he was arrested for, and adjudicated guilty of, contributing to the delinquency of a minor. In fact, he was teaching a minor to drive a car against the wishes of the minor's parents. He served 60 or 90 days in jail in Lakeland on the charges. Two years later, in August, 1965, while he was working for the Peninsula Lumber Company, the Petitioner was arrested for alleged aggravated assault with a deadly weapon and was put in jail for seven to 14 days while awaiting trial. The charges arose out of an altercation with a fellow employee. The Petitioner was upset about his pending divorce, and the other man kept picking at him about it. Three times, the Petitioner asked the man to stop, but he persisted. At one point, the man came at him in a threatening manner with a hammer in his hand, and the Petitioner cut him with a knife. In court proceedings, the other man admitted the truth of the Petitioner's version of the altercation, and the judge dismissed the charges. In January, 1983, the Petitioner was visiting at the home of his elderly mother, who was living alone in East Hillsborough County. The Petitioner was told that a bad-mannered neighborhood youth was vandalizing his mother's property and generally terrorizing her. The Petitioner was very angry about this. During the visit, he went out to his truck and found a firecracker, with fuse burned but not ignited, that he believed had been placed there by the youth of whom his mother had spoken. He sought out the youth, about twenty-one years old, grabbed him, and was going to "put a whipping on him" but did not. Instead, he threatened to do so if the youth did not stop his bad behavior, particularly towards the Petitioner's mother. As a result, the Petitioner was arrested and charged with aggravated assault. The Petitioner was placed on a pretrial intervention program on March 11, 1983, and he successfully completed the program on September 11, 1983. The charges were dismissed. The evidence did not explain why the Petitioner represented in Section 13 of his application that he never had been arrested. Although he conceivably could have forgotten about the 1957 arrest, it is not likely that he forgot about the others, and it is found that the misrepresentation was intentional. In the late 1960s and early 1970s, the Petitioner had occasion to work as a licensed armed security guard for Foley Security and Detective Agency and for United Security Agency in Tampa. The Petitioner worked for each of them for about a year, until each went out of business. He also worked for Securex and later Bedway as an unarmed security officer from January 29, 1990, until he voluntarily quit pending the resolution of his license application. The Petitioner also has worked as a truck driver and has operated heavy equipment.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Respondent, the Department of State, Division of Licensing, enter a final order denying the application of the Petitioner, John P. Fletcher, for licensure as a Class "D" Unarmed Security Officer. RECOMMENDED this 11th day of February, 1991, in Tallahassee, Florida. J. LAWRENCE JOHNSTON 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 11th day of February, 1991.
Findings Of Fact The facts as set forth in the Stipulation above are incorporated within the Findings of Fact in this hearing. The applicant is now employed by Central Security Patrol. His supervisor in his employment as an unarmed guard has known Croft for 15 months. His supervisor's primary association and knowledge of Croft is job-related. Croft's supervisor considers Croft dependable, a good worker, and well liked by those who come in contact with him. Croft has had no problems with absenteeism from his job. Croft's further advancement within the company with which he is now employed is dependent upon acquisition of a Class G, armed guard license. Croft's reputation in the community was testified to by two of his neighbors who had known Croft for three to four years. Croft's reputation in the neighborhood is good. The neighbors, who observed Croft daily, testified to Croft's habits. Croft does not drink and lives quietly with his wife of four years. Croft works in his yard and at his job. Croft testified in his own behalf. Croft had a series of arrests and convictions arising out of his heavy drinking between 1963 and 1969. Croft was then arrested for driving under the influence and a moving traffic violation in May of 1975. In October of 1975, he was arrested for homicide, assault to commit murder, and discharge of a firearm. These charges were dropped. Croft stated that these charges were an outgrowth of his heavy drinking. Croft was married approximately four years ago and has not drunk alcoholic beverages for the past two years. Although Croft does not admit to alcoholism, he recognizes that his drinking was the cause of his problems and has ceased drinking. Concerning the gap in his arrest record between 1969 and 1975, Croft stated that he had drunk heavily during that period but had not been arrested. Croft's supervisor testified concerning the company's policy concerning issuance and control of firearms. The company which employs Croft owns and controls all employee weapons to the extent that the company purchases any private weapon owned by an employee which the employee wishes to use on the job. Only weapons originally owned by an employee may be retained in the employee's possession and removed off a security post. All other weapons owned by the company must be retained on a security post and transferred from one guard shift to the next.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the applicant, James Robert Croft, be issued a Class G, armed guard license. DONE and ORDERED this 6th 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. James R. Croft 3545 Marlboro Avenue Jacksonville, Florida
Findings Of Fact At all times pertinent to the allegations contained herein, the Department of State, Division of Licensing, was the state agency responsible for the licensing of security guards in Florida. On September 19, 1990, Petitioner, Rick Stephen Seaver, submitted an application for an unarmed security guard license and statewide gun permit to the Division. In Part V of the application, dealing with criminal history, Petitioner indicated he had not ever been convicted of a crime, and further stated he had not been convicted of any felonies. In reality, however, Respondent had been convicted of possession of marijuana in Johnson City, Tennessee, on February 19, 1981, and on October 23, 1986, was convicted of one charge of simple assault and one charge of carrying a firearm. This latter series of offenses also took place in Johnson City. When this information was made available to the Department, by a letter dated January 24, 1991, an Amended Letter of Denial, the Division denied the Petitioner's application for an unarmed security guard license, alleging that he had been guilty of fraud or willful misrepresentation in applying for or obtaining a license, in violation of Section 493.6118(1)(a), Florida Statutes; had been convicted of crimes which directly relate to the business for which the license was sought, in violation of Section 493.6118(1)((c), Florida Statutes; and failed to have the requisite good moral character called for under the provisions of Section 493.6118(3), Florida Statutes. At the hearing, Respondent withdrew as a basis for denial the allegation of fraud or willful misrepresentation and further stipulated that none of the offenses of which the Petitioner had been found guilty were felonies. It is so found. Petitioner has been married to his wife for five years. Though he did not adopt her son by a previous marriage, he has provided the sole support and guidance to the boy since the marriage, and in Mrs. Seaver's opinion, has been a good father and good husband. For the five months prior to his dismissal from employment with Jewell Security Agency, as a result of the Division's action denying him a license, Mr. Seaver worked as an unarmed security guard in Bradenton. He worked as an outdoor guard at night, unarmed, at various establishments throughout the City of Bradenton, and during his term of employment, only one business where he was on guard, was ever robbed. That one occasion took place before he came on duty the day in question and the police were able to identify the perpetrators. According to James E. Jewell, owner of the agency and Petitioner's employer, Petitioner was an outstanding employee who was always on time, never called in sick, and performed his duties in a manner felt to be a credit to the company. Jewell found Petitioner to be completely honest and trustworthy. Before working with Jewell, Petitioner worked as a baker in Sarasota for 2 1/2 years after his move from Tennessee. He left that job only because of a dispute he had with the manager over some vacation time which previously had been approved, but which was later denied him. He quit and was not discharged. Before coming to Florida he also worked as a baker in Tennessee for about 13 to 14 years without difficulty and without any criminal record other than the offenses forming the basis for the denial here. The assault charge occurred just before he and his wife were married when he used a firecracker to blow out the window of the house of an individual, then under charges for rape, who was harassing and annoying his intended wife. The charge of carrying a weapon arose out of an unloaded gun which was found under the passenger seat of a vehicle in which he was riding as a passenger when he was stopped for the assault. The assault did not involve the use of the weapon, but as a result of his plea, he was convicted and sentenced to 11 months and 29 days in jail, all of which was suspended. Prior to the trial on those offenses, from the time of his arrest, he was free on bond. The possession of marijuana charge took place in 1981 at which time Petitioner was approximately 24 years old. At that time, he was found guilty of possession of less than an ounce of marijuana and was sentenced to pay a fine of $250.00. Mr. Seaver has not had any other infractions and according to his wife, has not been cited with so much as a traffic ticket in the five years they have been married. No evidence to the contrary was presented.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be entered in this case granting Petitioner, Rick Stephen Seaver, a Class "D" Unarmed Security Officer License. RECOMMENDED this 23rd day of April, 1991, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 23rd day of April, 1991. Copies furnished: Henri C. Cauthon, Esquire Assistant General Counsel Department of State Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 Rick Stephen Seaver 4411 21st Avenue West Bradenton, Florida 34209 Hon. Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact At all material times, respondent has held a registered Class "B" Security Agency License, No. B86-00092, a Class "DS" Security Officer School/or Training Facility License, No. DS90-00069, a Class "D" Security Officer License, No. D85-2333, a Class "DI" Security Officer Instructor License, No. DI88-00012, and a Class "MB" Manager Security Agency License, No. MB86-00105. At all pertinent times, respondent provided security services to various non-governmental clients in Bay County, Florida, and also furnished security services to its only governmental client, the Federal Correctional Institution in Tallahassee, more than 100 miles from respondent's offices. From January 21, 1991, to June 30, 1991, respondent employed J. C. Barnwell, Terrell Barnwell, Larry Burks, Michael Dicks, Robert Pompey and Darrell L. Smith, none of whom held security officer licenses. They all worked as security officers at the Federal Correctional Institution in Leon County, and did no other work for respondent.
Recommendation It is, accordingly, RECOMMENDED: That petitioner dismiss the administrative complaint. DONE and ENTERED this 1st day of July, 1992, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of July, 1992. COPIES FURNISHED: Henri C. Cawthon, Esquire The Capitol, MS #4 Tallahassee, FL 32399-0250 Charles S. Isler, III, Esquire Isler & Banks, P.A. P.O. Drawer 430 Panama City, FL 32402 Honorable Jim Smith, Secretary Department of State The Capitol Tallahassee, FL 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-2 Tallahassee, FL 32399-0250
