Findings Of Fact Respondent was certified by the Criminal Justice Standards and Training Commission in 1971 and was issued Certificate Number 2896. As a result of incidents in July and September, 1983 when $125 and $108, respectively, was found missing from the property locker of the Ormond Beach Police Department, Lt. James Bushdid, Ormond Beach Public Safety Officer, placed an envelope bag in the property locker marked "$1500 plus" on November 5, 1983. This evidence bag contained only plain paper cut in the size of dollar bills and was placed in the locker as a trap. The only other person who knew about the trap was Officer Donald McCague who was the custodian of the property locker at the time. At all times relevant hereto, Respondent was employed by the Ormond Beach Police Department as the midnight shift Complaint Officer working midnight to 7:00 a.m. and had access to, but was not authorized to enter, the property locker. On November 11, 1983, Officer McCague noticed that the trap envelope bag had been moved in the locker. It was clear that the envelope had been opened at the bottom in the same manner as the envelope in September 1983 which was missing $108. The trap envelope was processed for latent prints and was sent to the Department of Law Enforcement crime lab for analysis. The finger prints on the trap envelope bag were identified on or about December 20, 1983, by Jenny Kuehn, Senior Crime Analyst who was accepted as an expert in finger print analysis, as Respondent's prints. Lt. Bushdid interviewed Respondent on January 6, 1984. After having been advised of his Miranda rights and having waived his rights, Respondent admitted he had entered the property locker on November 11 and opened the trap envelope. Respondent gave no credible explanation for opening the envelope or entering the property locker without authorization. Respondent had also not filed a report concerning this incident as is required whenever there is an inadvertent tampering with evidence, and had not logged his entry into the property room. Respondent was suspended from the Ormond Beach Police Department due to this incident and has not been employed by the police department since January, 1984. On or about December 6, 1983, a second trap envelope was placed in the property locker which remained in the locker until February 2, 1984 when it was removed by Lt. Bushdid. During this time, the second envelope was not moved or tampered with in any way. Proposed findings of fact and conclusions of law submitted pursuant to Section 120.57(1)(b)4, F.S., have been considered. A ruling on each proposed finding of fact has been made either directly or indirectly in this Recommended Order, except where such proposed findings have been rejected as subordinate cumulative, immaterial, or unnecessary.
Recommendation Based upon the foregoing, it is recommended that Petitioner enter a Final Order revoking Certificate Number 2896 previously issued to David L. Tillman. DONE and ENTERED this 24th day of May, 1985, at Tallahassee, Florida. DONALD D. CONN 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 24th day of May, 1985. COPIES FURNISHED: Joseph White, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 David L. Tillman 608 Van Ness Street Daytona Beach, Florida 32014 Daryl G. McLaughlin, Director Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302 Robert R. Dempsey Executive Director Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue Whether on or about November 28, 1993, Petitioner committed an act of violence or used force on another person which was not for the lawful protection of himself or another and was sufficient grounds for denial of Petitioner's application for a Class "D" Security Officer and Class "G" Statewide Firearm Licenses, pursuant to Sections 493.6118(1)(j) and (2), Florida Statutes.
Findings Of Fact By application dated February 10, 1994, Petitioner applied to Respondent for a Class "D" Security Officer license and a Class "G" Statewide Firearm license. The applications prepared by Petitioner were complete, and included the required photos and copy of a certificate evidencing successful completion of security officer training as required by statute. On November 28, 1993, the Petitioner met his estranged spouse in the Lakeland police station lobby to exchange custody of their baby daughter. This transfer of custody was videotaped, allegedly by the Petitioner's mother-in-law. As the transfer was ending, the Petitioner became agitated at the person holding the camera. Petitioner picked up the baby car seat and moved towards the camera. The Petitioner swung the baby car seat, while the baby was in it, in the direction of the camera. No competent evidence was produced which proved that the car seat, while being swung by Petitioner, struck another person or an object held by another person.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered approving Petitioner's application for a Class "D" Security Officers license and a Class "G" Statewide Firearm license as provided for in Section 493.6118, Florida Statutes (1993). DONE AND ENTERED this 11th day of January, 1995, in Tallahassee, Florida. DANIEL M. KILBRIDE 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 January, 1995. APPENDIX Petitioner is eligible for licensure under either stand Petitioner did not submit proposed findings of fact. Respondent proposed finding of fact: Accepted in substance: paragraph 1, 2, 3, 4, 5, 6 (in part). Rejected as not supported by the greater weight of competent (non-hearsay) evidence: paragraphs 6 (in part), 7. COPIES FURNISHED: Angel E. Figueroa 5331 David Street Lakeland, Florida 33813 Richard R. Whidden, Jr., Esquire Department of State Division of Licensing The Capitol, MS-4 Tallahassee, Florida 32399-0250 Honorable Jim Smith Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, Esquire General Counsel The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: At all relevant times, respondent, Passport Internationale, Inc. (Passport or respondent), was a seller of travel registered with the Department of Agriculture and Consumer Services (Department). As such, it was required to post a performance bond with the Department conditioned on the performance of contracted services. In this case, petitioner, R. Jane Frazier, has filed a claim against the bond in the amount of $813.00 alleging that Passport failed to perform on certain contracted services. On June 4, 1990, petitioner purchased a travel certificate from Jet Set Travel, a Maryland telemarketeer authorized to sell travel certificates on behalf of Passport. The certificate entitled the holder to fourteen nights' accommodations in Hawaii plus roundtrip airfare for two persons, with all travel arrangements to be made by Passport. The certificate carried the name, address and logo of Passport. During petitioner's dealings with Passport's agent, it was represented to her that for $89.00 per night, she would receive a two bedroom, oceanfront condominium. This constituted a misrepresentation on the part of the agent since the rooms were actually more expensive. Relying on that representation, petitioner authorized a $328.00 charge on her credit card payable to Jet Set Travel to be used as a credit on services purchased in Hawaii. She also paid a $50.00 refundable deposit to Passport. In August 1990, petitioner contacted Passport regarding travel dates and was told the charge on her room would be $124.00 per night, and not $89.00 per night as promised by Jet Set Travel. In charging this amount, Passport relied upon its brochure which priced the accommodations in the range of $89.00 to $124.00 per night, with the highest price for the type of room selected by petitioner. Fearing that she would lose her $328.00 fee and $50.00 deposit if she did not pay the higher amount, petitioner reluctantly agreed to send a cashier's check in the amount of $1,406.00 to Passport, which represented fourteen nights' lodging at $124.00 per night. Finally, before she departed on the trip, petitioner was required to pay another $25.00 miscellaneous fee to Passport, the basis for which was never explained. When petitioner arrived in Hawaii on October 11, 1990, she discovered that her assigned accommodations for the first week at the Kona Reef were unavailable because Passport had failed to make a reservation. Accordingly, she was forced to purchase five nights accommodations at the Kona Reef for $524.02 plus two nights at another facility for $248.00. The accommodations for the second week were satisfactory. After petitioner brought this matter to the attention of Passport, she acknowledged that she received a refund check for the first seven nights' stay, although she says she can't remember if it was for all or part of her out-of- pocket costs. Passport's contention that its books reflect an entry that she was paid for the entire amount was not contradicted although neither party had a cancelled check to verify the actual amount of the payment. Passport's testimony is accepted as being the more credible on this issue. Because petitioner relied on a misrepresentation by Passport's agent as to the type and price of accommodations being offered, she is entitled to be reimbursed her $50.00 refundable deposit (which was never returned), the $25.00 miscellaneous fee paid on September 26, 1990, for which no justification was shown, and the difference between the originally agreed on price ($89.00 per night) and the actual price ($124.00) for the last seven nights accommodations, or $245.00. Accordingly, she is entitled to be paid $320.00 from the bond.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the claim of petitioner against the bond of respondent be granted, and he be paid $320.00 from the bond. DONE AND ENTERED this 13th day of December, 1994, in Tallahassee, Florida. DONALD R. ALEXANDER 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 13th day of December, 1994. COPIES FURNISHED: R. Jane Frazier 3070 Meadow Lane Mobile, Alabama 36618-4634 Michael J. Panaggio 2441 Bellevue Avenue Daytona Beach, Florida 32114 Robert G. Worley, Esquire 515 Mayo Building Tallahassee, Florida 32399-0800 Honorable Bob Crawford Commissioner of Agriculture The Capitol, PL-10 Tallahassee, Florida 32399-0810 Richard D. Tritschler, Esquire The Capitol, PL-10 Tallahassee, Florida 32399-0810
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.
Findings Of Fact Petitioner is Julius McKinnon. He was employed by Respondent for more than 13 years. At the time of his dismissal from employment with Respondent's airport police department, Petitioner held the rank of lieutenant and supervised the five man force. Petitioner is black. On December 5, 1989, Petitioner was called to the office of Coy Thomason, Respondent's airport manager. Petitioner was informed of his rights and questioned regarding allegations of a white female employee of a restaurant at the airport that Petitioner had made sexual overtures to her, inclusive of nonconsenual touching of her body. The alleged battery by Petitioner was reported by the restaurant employee, Ruby Darlene Howard, to other airport law enforcement officials of the airport as having occurred late in the evening after the close of business on November 25, 1989. Following the conference with Thomason, Petitioner was placed, effective December 9, 1989, on an indefinite suspension with pay, subject to later possible termination of employment. Petitioner's employment was terminated on March 9, 1990, pursuant to a March 5, 1990 letter of termination to Petitioner signed by Thomason. The primary basis for termination of Petitioner's employment, as established by Thomason's testimony at the final hearing, was the airport manager's belief that Petitioner had engaged in inappropriate sexual conduct with regard to the female coffee shop employee and had assaulted the employee. Thomason's testimony further establishes that Petitioner had been previously counselled or disciplined on various occasions for work related matters, including a three day suspension for failure to report to work and a reprimand for inappropriate comments to a female police officer. Thomason's testimony was credible, candid and direct. That testimony establishes that Thomason did not terminate Petitioner's employment on the basis of the employee's race. Two white male police officers presently employed by Respondent's airport authority also have disciplinary histories. Arthur Badger resigned in 1988 when faced with possible disciplinary action at that time for drunken driving. Badger was rehired 20 months later following alcohol abuse counselling and assurances to Respondent that he had recovered from his alcoholism problems. Another of Respondent's white police officers with the airport authority is Terry Masters. Masters, employed by Respondent's airport authority for more than five years, was suspended by Respondent for 28 days following an off-duty incident where Masters was alleged to have publicly urinated in front of a female at the airport while in an intoxicated state. Although allegations against Masters were denied by him, he nevertheless was suspended by Respondent. Following Petitioner's termination, Respondent has employed no black police officers at the airport terminal due to the absence of pending applications from qualified individuals.
Recommendation Based on the foregoing, it is hereby recommended that a Final Order be entered dismissing the Petition for Relief. RECOMMENDED this 7th day of October, 1991, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 7th day of October, 1991. APPENDIX TO RECOMMENDED ORDER, CASE NO. 91-0477 The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on findings of fact submitted by the parties. RESPONDENT'S PROPOSED FINDINGS 1. Adopted in substance as to first sentence, remainder rejected as subordinate to hearing officer's findings and on the basis of relevancy. 2.-4. Rejected as unnecessary to result. 5.-7. Adopted in substance. Adopted by reference. Adopted as to the first sentence. The second sentence is rejected on the basis of relevancy. First sentence adopted and supplemented. Remainder rejected on basis of relevancy. Rejected, relevancy. Adopted in substance, though not verbatim. PETITIONER'S PROPOSED FINDINGS Proposed findings submitted by Petitioner consisted of a three page letter containing 17 unnumbered paragraphs. Those paragraphs have been numbered chronologically 1-17 and are addressed as follows: 1. Rejected, procedural, argumentative, legal conclusion. 2.-3. Adopted in substance, not verbatim. Adopted in substance as to first 2 sentences. Remainder rejected as opinion testimony relating to credibility of a person whose reputation was not in issue due to the failure of either Respondent or Petitioner to call this person to the witness stand. Adopted in substance as to first sentence, remainder rejected for same reason as set forth regarding proposed finding #4. Rejected, relevance. Rejected, not supported by the weight of the evidence. Indeed, Petitioner could well have called these adverse witnesses to the stand in order to demonstrate their lack of credibility and any racial prejudice on the part of the airport manager for believing them. Petitioner chose not to follow such a course of action. Rejected, again Petitioner seeks to impeach the testimony of a non- testifying witness. The import of this proposed finding is rejected on the basis of Petitioner's lack of credibility. Rejected, not supported by the weight of the evidence. Rejected, argumentative, hearsay. 12.-13. Rejected, relevance. Rejected, credibility. Rejected, argumentative, cumulative, unsupported by weight of the evidence. 16.-17. Rejected, relevance and argumentative. COPIES FURNISHED: Donald M. McElrath Executive Director Florida Commission On Human Relations 325 John Knox Road Suite 240 / Building F Tallahassee, FL 32399-1925 Julius McKinnon 218 Ajax Drive Fort Walton Beach, FL 32548 Robert L. Norton, Esq. 121 Majorca Avenue Coral Gables, FL 33134 Clerk Florida Commission On Human Relations 325 John Knox Road Suite 240 / Building F Tallahassee, FL 32399-1925 General Counsel Florida Commission on Human Relations 325 John Knox Road Suite 240 / Building F Tallahassee, FL 32399-1925
The Issue The issue presented is whether Respondents are guilty of the allegations contained in the Administrative Complaint filed against them, and, if so, what disciplinary action should be taken, if any.
Findings Of Fact Jacquelyn Kendrick is the owner of the Club Ecstasy, an adult entertainment club with dancers and strippers, located in Fort Lauderdale. In August 1996 the Club had a contract for security services with Warrior, a security agency. Respondent Manuel Vernerette, as an employee of Warrior, provided security services at the Club. When Warrior's relationship with the Club ended, Kendrick approached Respondent Vernerette with regard to working for the Club. Although Vernerette was currently employed by Navarro during the day, he was able to work at the Club at night. Kendrick also asked him if he knew others who would work at the Club, and he referred several other Navarro employees to Kendrick, who interviewed them. One of the Club's employees would check identification and frisk the Club's customers for weapons outside the front door. The customer could then enter the Club, purchase a "ticket", and then pass through a second door into the "actual" Club portion of the premises. The customer's ticket was collected at the second door. Vernerette's duties were primarily to "collect the tickets" at the second door. He also helped stock the bar and collected money from customers who wanted to use the "VIP rooms". He also had some supervisory responsibilities over some of the Club's employees he had referred to Kendrick. Vernerette only worked inside the Club. On November 23, 1996, two of Petitioner's investigators appeared at the Club to check identification and licenses of any security officers working at the Club. When they arrived, Vernerette was outside with several other Club employees he had referred to Kendrick. Someone other than Vernerette was stationed at the door searching customers. Vernerette appeared to be overseeing the operation. Although all of those employees wore dark clothing, they were not in uniforms. At the request of the investigators, Vernerette produced his Class "D" security officer license and his Class "G" firearm license. At the time Vernerette, who also holds a concealed weapon or firearm license, was wearing a 9 mm. semi-automatic firearm in a gun belt which was covered by his jacket. He was also wearing a badge. He told the investigators how many security officers were working inside the Club and that they could come outside to have their licenses checked. Those persons were summoned. The investigators did not go into the Club that night. In response to the investigator's questions, Vernerette told them that all the security officers were employees of the Club. He specifically used the term "in-house" security. He was cooperative with the investigators. The investigators were told that "Jackie" was the person they needed to speak to regarding the employment status of the security officers but that she was not there. On January 30, 1997, the investigators returned to the Club since they had been unsuccessful in their attempts to contact Jackie. She was there that night. Vernerette was not since he had stopped working at the Club by January 3. Jackie denied that Vernerette and the other security officers were employees. She was unable to produce any documentation regarding her relationship with Vernerette or the other security officers. She had no contract, no payroll records, and no cancelled checks. She advised Petitioner's investigators that she paid Vernerette, sometimes by check and sometimes in cash, and that he then paid the others. After the investigators interviewed her, Kendrick began using deputies from the Broward County Sheriff's Office to provide security services at the Club. In February 1997 Vernerette received his Class "B" license, a security agency license. He visited Kendrick at the Club, gave her a proposal to provide security services at the Club, and gave her his new business card. The business card advertises Armstar Protective Services, lists Vernerette as the President and C.E.O., and includes his Class "B" license number. Vernerette did not conduct the business of a security agency without being so licensed when he worked at the Club. He worked there as an employee of the business and not as an independent contractor. Further, Vernerette did not perform security officer duties at the Club between November 23, 1996, and January 30, 1997.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondents not guilty of the allegations contained in Counts I, III, and V and dismissing the Administrative Complaint filed against them. DONE AND ENTERED this 19th day of February, 1998, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Kristi Reid Bronson, Esquire Department of State Division of Licensing The Capitol, Mail Station 4 LINDA M. RIGOT 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 Filed with the Clerk of the Division of Administrative Hearings this 19th day of February, 1998. Tallahassee, Florida 32399-0250 Yolanda Fox, Esquire Law Offices of C. Jean-Joseph Mercede Executive Park 1876 North University Drive, Suite 309C Plantation, Florida 33322 Don Bell, General Counsel Department of State The Capitol, Plaza Level 2 Tallahassee, Florida 32399-0250 Honorable Sandra B. Mortham Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: The Department is a state government licensing and regulatory agency. At all times material to the instant case, Petitioner was the holder of a Class "D" security officer license (Number D93-12573) issued by the Department. Weiser Security is an agency that offers security services. In December of 1993, Petitioner was employed as a security officer by Weiser Security. He was assigned to service the Shoppes of Oakland Forest (hereinafter referred to as the "Shoppes") account. His supervisor was Leonard Franklin. On December 9, 1993, at approximately 1:00 a.m. or 2:00 a.m., Franklin visited the Shoppes. He wanted to speak with Petitioner. Petitioner was supposed to be on duty at the Shoppes, but he was not at his post and Franklin was unable to find him. Franklin noted on a field supervisor's inspection report Petitioner's unauthorized absence from his post. On December 11, 1993, during another visit to the Shoppes, Franklin discovered Petitioner asleep in his car while on duty. Franklin shined his flashlight in Petitioner's eyes for approximately 15 minutes, but Petitioner did not awaken. Franklin finally roused Petitioner by tapping on Petitioner's car. Franklin made note of the incident in a field supervisor's inspection report. Petitioner was scheduled to work the 11:00 p.m. to 7:00 a.m. shift at the Shoppes on December 24-25, 1993. Audrey Hawkins, another Weiser Security security officer, 2/ was originally scheduled not to work that shift at the Shoppes. She was called by a supervisor, however, some time after the beginning of the shift and requested to complete the shift because Petitioner had not reported for duty. Hawkins arrived at the Shoppes at around midnight. When she arrived, she noticed a security report that Petitioner had already filled out for the entire shift (11:00 p.m. through 7:00 a.m.). 3/ The report was on a desk where Weiser Security security officers routinely left their completed security reports for the client to pick up. Petitioner did not report for duty at any time during the 11:00 p.m. to 7:00 a.m. shift and therefore Hawkins remained at the Shoppes for the remainder of the shift. Weiser Security security officers assigned to the Shoppes account in December of 1993 were required to make "key rounds" (which involved "punching" special "security keys" at four different locations on the property) a minimum of once an hour. Petitioner failed to make any such rounds during his shift on December 26, 1993 (from 3:00 p.m. to 11:00 p.m.). On July 13, 1995, Petitioner filed with the Department an application to renew his Class "D" security officer license. By letter dated August 16, 1995, the Department notified Petitioner of its intention to deny his application.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order denying Petitioner's application to renew his Class "D" security officer license. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 1st day of February, 1996. STUART M. LERNER 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 1st day of February, 1996.
Findings Of Fact The Respondent is a certified general contractor holding license number CG C012556 issued by the State of Florida. Since June 30, 1979, this license was in an inactive status. The Respondent qualified Clark Sales & Service, Inc., with the Construction Industry Licensing Board. On or about March 16, 1983, the Respondent went to the City of Hollywood Building Department to obtain a building permit for fence installation at 2029 Adams Street in the City of Hollywood. In order to obtain such a permit in the City of Hollywood, the contractor or owner must first complete a permit application which must be approved by the Engineering Department for the Hollywood Building Department. Once the completed application is approved, it is submitted to the permit section for the City of Hollywood. In order to pull permits in the City of Hollywood, a contractor must be either certified by the State of Florida, or the holder of a certificate of competency issued by Broward County, in the particular trade category. Either the contractor's state certificate or the county certificate of competency must be presented to the city permit section, which then issues the permit based upon the approved application. The Respondent presented his general contractor's certificate to Barbara Gesino, who is the administrative assistant for the Hollywood Building Department, in order to obtain a certificate of competency so he could pull the building permit for the fence proposed to be erected at 2029 Adams Street in Hollywood. The general contractor's certificate which the Respondent submitted to Barbara Gesino had been altered to reflect Clark Fence, Inc., as the company which the Respondent qualified. The Respondent's certificate had been further altered to reflect June 30, 1983, as the expiration date for the certificate, whereas the Respondent's certificate had expired on June 30, 1979. Further, the Respondent qualified Clark Sales & Service, Inc., only at the time he submitted the altered certificate to Barbara Gesino. At no time did the Respondent qualify Clark Fence, Inc., with the Construction Industry Licensing Board. Clark Fence, Inc., was qualified by Donald Burke, who had been licensed as a specialty fence contractor in the City of Hollywood, but the certificate of competency issued to him by the City of Hollywood was delinquent. Without a valid certificate of competency, Donald Burke could not obtain permits in the City of Hollywood. On March 16, 1983, the Respondent obtained the building permit for erection of the fence at 2029 Adams Street in Hollywood. This permit showed Clark Fence as the contractor and was signed by the Respondent in the space designated for the owner, licensed contractor, or agent. This permit was issued based upon an application signed by Donald Burke, whose certificate of competency was delinquent. After the Respondent obtained this permit, Barbara Gesino asked him to come back to her office so that she could be certain that the paperwork was in order for Clark Fence, Inc., to obtain permits in the City of Hollywood. She prepared two City of Hollywood certificates of competency, one for the Respondent and the other for Donald Burke. The Respondent was instructed to take one of these certificates of competency to Donald Burke, who was to sign it and return it to the City of Hollywood Building Department. The Respondent signed his certificate of competency while he was at the City of Hollywood Building Department. While he was there, Barbara Gesino copied his state certificate and returned it to him. Later, when Barbara Gesino reviewed the photocopy of the Respondent's state certificate, she realized that this certificate had been altered, and filed a complaint with the Petitioner. After the Respondent completed the erection of the fence for which the building permit was obtained, he received a letter from the City of Hollywood Building Department stating that the subject building permit had been cancelled.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that license number CG C012556 held by the Respondent, Norman C. Clark, be revoked. THIS RECOMMENDED ORDER ENTERED this 8th day of November, 1983. 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 8th day of November, 1983. COPIES FURNISHED: Stephanie A. Daniel, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Roger D. Haagenson, Esquire Suite 601 Cumberland Building 800 East Broward Boulevard Fort Lauderdale, Florida 33301 James Linnan, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, Florida 32202 Frederick Roche, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301
