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
The Issue The issue is whether respondent should be disciplined for allegedly operating various security services without a license as charged in the administrative complaint.
Findings Of Fact Based upon all of the evidence, the following findings of fact are determined: On April 25, 1989, petitioner, Department of State, Division of Licensing (Division), received by mail from an anonymous source a copy of a business card reflecting the name of respondent, Robert D. Wingard, and another individual, and indicating that respondent provided the following services: "Executive & V. I. P. Protection, Undercover Investigation, Alarm Technology, Bonding & Courier Work." The card further represented that Wingard held "Lic. No. 34882-809099." The card listed Wingard's address as 4419 Melbourne Street, Punta Gorda, Florida. After receiving the card, a Division investigator, Daniel J. Cabrera, interviewed respondent in Punta Gorda on May 11, 1989. During the course of the interview, respondent acknowledged to Cabrera that he operated a private investigative service, performed the services of a private investigator, operated a security guard agency and performed the services of a security guard, all under the name of Security Enforcement Specialists. However, Wingard maintained he had all necessary licenses from the state. According to Charlotte County records, Wingard applied for and was issued an occupational license by that county on June 18, 1988. The administrative complaint has used that date as the date on which Wingard commenced providing the above services. An examination of Division records indicated that Wingard did not hold those licenses needed to operate the services described in finding of fact 2. Therefore, all services being provided by Wingard were performed without the proper licensure from the state.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered dismissing with prejudice the administrative complaint issued against respondent. DONE AND ENTERED this 27th day of December, 1989, in Tallahassee, Leon County, 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 27th day of December, 1989.
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
The Issue This is a license discipline case in which the Petitioner seeks to take disciplinary action against the Petitioner on the basis of an alleged violation of Section 493.6118(1)(f), Florida Statutes, by sleeping while on duty.
Findings Of Fact Respondent currently holds a Class "D" Security Officer License, Number D92-08606, issued pursuant to Chapter 493, Florida Statutes, effective June 2, 1994. During September and October of 1994, Motivated Security provided security services to Shurgard Storage, located at 1650 West Oakland Boulevard, Fort Lauderdale, Florida. On September 30, 1994, the Respondent was employed as a security officer by Motivated Security. On that date the Respondent's assigned post with Motivated Security was at the Shurgard Storage premises described above. On that date, the Respondent was assigned to the 6:00 p.m. to 2:00 a.m. shift. At approximately 11:15 p.m. on September 30, 1994, while the Respondent was on duty at the post described above, the Respondent was sound asleep in a golf cart for a period of at least one-half hour.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that a Final Order be issued in this case finding that the Respondent committed the violation charged in the Administrative Complaint and imposing a penalty consisting of a six-month suspension of the Respondent's license. DONE AND ENTERED this 8th day of August 1995 in 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 8th day of August 1995. APPENDIX The following are the specific rulings on all proposed findings of fact submitted by all parties. Findings submitted by Petitioner. Paragraphs 1 through 6: Accepted. Paragraphs 7 through 11: Rejected as subordinate and unnecessary details. (All of these proposed details are essentially correct; it is simply not necessary to repeat them.) Findings submitted by Respondent. (None.) COPIES FURNISHED: Kristi Reid Bronson, Esquire Department of State Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 Gerald Brown 3551 N.W. 41st Street Lauderdale Lakes, Florida 33309 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact The Petitioner seeks licensure as both an armed and an unarmed security guard ("F" and "G" licenses). In support of his applications he submitted the required health certificate for a "Statewide Gun Permit" as well as his "Certificate of Firearms Proficiency" and the required affidavit attesting to his character and to his experience as a security guard. A "Temporary Gun License," No. 18279, was issued to the Petitioner on August 25, 1980. On October 27, 1980, the Respondent ultimately, by letter of that date, denied his application for licensure and informed him of his right to an administrative hearing pursuant to Chapter 120, Florida Statutes. The Petitioner timely elected to exercise that right and to adduce evidence supportive of his petition. The grounds for the denial were respectively that there was a substantial connection between an alleged lack of good moral character on the part of the Petitioner and the business for which he sought the license and that he fraudulently or willfully misrepresented his status in answering questions on the applications specifically the question regarding his prior arrest record. Additionally, the application was denied on the grounds that the Petitioner had in the past been found guilty of a crime which directly related to the business for which he seeks the license. The Petitioner, in answering the question regarding past arrests, admitted that he had been arrested for armed robbery in 1959. The Petitioner did not complete the answer regarding the disposition of that arrest, but candidly admitted at the hearing that he was confined in the state prison at Raiford, Florida for five years after being convicted of armed robbery and also candidly admitted a record for various other petty offenses in 1941, 1945 and 1946, none of which three incidents involved a sentence of longer than three months. On December 23, 1947, in Bartow, Polk County, Florida he was sentenced to three years in the state prison at Raiford for grand larceny. He was discharged from confinement on May 4, 1950. The uncontroverted testimony of the Petitioner at the hearing established that, although he was convicted and sentenced for grand larceny, the articles which he was convicted of stealing were: a watermelon, a cinnamon roll and a can of sardines. The Petitioner's only other conviction and confinement occurred in 1959 when he was convicted for armed robbery. The Petitioner served out this sentence and was discharged and has had no altercations with the law since that time. Give the basis upon which the application was denied, some elaboration of the circumstances surrounding that armed robbery conviction are appropriate. The Petitioner's stepson was employed by a trucking company as a driver and periodically made collections of large amounts of cash from freight customers of the truck line. Due to their dire financial circumstances at the time the Petitioner, his stepson, and the Petitioner's wife apparently entered into an arrangement whereby the stepson would alert them of the day and time on which he would be making collections of large amounts of cash so that the trio could convert the company receipts to their own use. According to the Petitioner's uncontroverted testimony, the Petitioner, armed with a lead pipe instead of a gun, as the charge had indicated, in conspiracy with his stepson and wife staged an apparent robbery to cover the actual theft of the company's funds. In any event, the trio were apprehended and in the subsequent negotiations or the trial, the Petitioner elected to assume sole responsibility for the "robbery" in order to protect the freedom and record of his wife and stepson. Consequently, the Petitioner was sentenced to five years for armed robbery and served out his sentence. The Petitioner thus established with credible, uncontroverted testimony that this armed robbery conviction actually did not stem from the forceable taking of the property of another with a firearm, but rather was a staged, "phony" robbery to cover a simple theft of the funds in question. The Hearing Officer is impressed with the obvious candor and forthrightness of the Petitioner in describing the events surrounding this and his other miscreant conduct in his distant past and with his continued remorse at its having occurred. Since his release from the state penitentiary in 1962, Mr. Walker has had no legal difficulties whatever. Per the last fifteen years or so he has been employed as a security guard for various security agencies in the Dade County area, primarily as an unarmed security guard, but serving at least one stint for an agency as an armed security guard, apparently by local authority. The Petitioner presented evidence at the hearing of a previously valid unarmed security guard license he has held, as well as the temporary gun license issued August 28, 1980. He also presented evidence in the form of identification cards and a badge establishing his employment as a security guard in the past, pursuant to Chapter 493, by a number of private security firms in the Dade County area. He has worked in a number of large department stores and warehouses wherein valuable merchandise was stored or kept and has never been involved in any incident involving theft of such goods. Escambia County recently saw fit to employ him temporarily as a security guard at Pensacola High School. He has had good working relationships with law enforcement authorities in his capacity as a security guard both in Dade and Escambia Counties and offered to bring to the hearing members of law enforcement agencies and the clergy in both counties to attest to his good conduct since his release from prison, nineteen years ago. The Petitioner freely acknowledged at the hearing that his answer to Question 13 on his applications did not disclose his entire arrest record, however, he states that he does not write well and had the secretary at the security firm where he was working at the time, in Dade County, fill out the applications for him. He maintains that he told the secretary all information about his criminal record and assumed that she had put it down, but signed the application hurriedly because he had to report for work and signed it as he was leaving the firm's office. He repeatedly demonstrated at the hearing that he had nothing to hide regarding his criminal record and was genuinely remorseful for its existence. He described in detail the various convictions and stipulated to the evidence of his criminal record which the Respondent offered. The Petitioner also demonstrated that during those times when he has worked as an armed security guard, primarily in Dade County, he has never had to use or display his gun to anyone and only wishes the use of a gun now for his own protection, since in his experience at his last job with the Ford Detective Agency in Dade County, the position became too dangerous for a security guard to occupy without having a firearm for protection. The Petitioner is now in his sixties and due to a slight heart condition is living entirely on Social Security disability income. He expressed the desire to go hack into security guard work in order to provide enough income to support himself, his wife and his young grandson whom he is helping to rear and who accompanied him to the hearing. He obviously has a keen desire to be able to support himself and his family without, as he put it, having to "live on the County" or the public treasury. He feels that security guard work is a duty he can readily fulfill despite his age since lie is of otherwise robust health, has substantial experience as a security guard, and the job is not a strenuous one. He has job offers with the St. Regis Paper Company and the Exxon Oil Company as well as the local newspaper. He is now working part-time collecting money for the local newspaper which is a dangerous job in his view in that he sometimes carries large amounts of cash in "high crime areas" of the county. He feels that he needs the right to possess a firearm for his own protection. Since his release from prison Mr. Walker has obviously undergone a profound change in his way of life away from repetitive confrontations with the law. He has become an exemplary family man, a church man and a Mason. He does not use alcohol or drugs whatever. He demonstrates significant independence and responsibility of character at his rather advanced age in wanting to obtain another job to support is family, rather than relying on relatives or the public treasury for subsistence.
Recommendation In consideration of the foregoing Findings of Fact and Conclusions of Law, the candor and demeanor of the witness and the arguments of the parties it is, therefore RECOMMENDED: That a final order be entered by the Department of State, Division of Licensing, granting the Petitioner's application for licensure, both as an armed and an unarmed security guard. RECOMMENDED this 7th day of August, 1981, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of August, 1981. COPIES FURNISHED: James V. Antista, Esquire Assistant General Counsel Department of State Room 1801, the Capitol Tallahassee, Florida 32301 Mr. Curley Walker Post Office Box 619 Century, Florida 32535
Findings Of Fact 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 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
The Issue The issue for consideration in this case is whether A-1 Security and Detective Agency’s Class B security agency license, and Mr. Rozzi’s Class MB security agency manager license should be disciplined because of the matters set out in the Administrative Complaint filed herein.
Findings Of Fact At all times pertinent to the issues herein, between May 5 and August 4, 1997, the Petitioner, Department of State, Division of Licensing (Division) was the state agency responsible for the licensing of security agencies and security agency managers in Florida. Respondent, A-1 Security and Detective Agency, Incorporated (A-1) held a Class “B” security agency license number B89-0115; and Respondent, Stephen V. Rozzi, held a Class “MB” security agency manager’s license number MB89-00186. Respondent Rozzi was President and operating manager of A-1. At some point during the period in issue, Gary Q. Floyd, an investigator with the Division, received a call from the owner of another security agency who reported a potential problem. At the time, Mr. Floyd was nearby and responded immediately to the apartment complex which belonged to a client of the individual who had called in. His review of the security logs revealed abnormal entries. Returning to the Division office, Floyd checked on the license status of the guard in question who had made the questionable entries and found that this guard was not licensed. The guard, Carmen Santiago, had applied for a class “D” license as a security guard, but because of a prior disciplinary problem out-of-state, the Division had indicated its intent to deny the license. Santiago was employed by Respondent, A-1. Coincidentally, the following morning, Respondent Rozzi came to the Division office on another matter and Floyd showed him the questioned logs. Respondent agreed that the entry was unusual, but said he had terminated Santiago from employment with A-1 as a guard on July 30, 1997, before the date of the questioned entry. Floyd asked Rozzi which guard had worked on the site on Wednesday, July 30, 1997, and on Thursday, July 31, 1997, after Santiago had been terminated. Respondent indicated the replacement guard was a Mr. Michelin. The log entries in question, which got the interest of Floyd, indicated that Santiago, who was not properly licensed as a Class “D” security guard, had served as such at the Whisper Woods Apartments. By pre-hearing stipulation dated June 10, 1998, Rozzi agreed that he had employed Santiago at Whisper Woods Apartments during the period July 30 to July 31, 1997, and that Santiago did not have the proper license at the time. Rozzi indicated at hearing that he received notice from the Division to the effect that Santiago’s application for licensure as a security guard was being denied, but claims he did not receive the notice until he picked up his mail at about 9:00 p.m., on July 31, 1997. As soon as he got that word, Rozzi claims, he called Santiago at home but was unable to reach him. Nonetheless, he left word on Santiago’s answering machine for him not to report for work that evening. In his report to the Division made previously, he indicated he had fired Santiago on July 30, 1997. At hearing Rozzi claimed he back-dated the firing to the date he received the information on the denial, which would have been July 30, not July 31, 1997. However, Rozzi had already indicated he had notified Mr. Michelin, who was scheduled to work on July 30 and 31 at Fletcher Woods Apartments, to go instead to Whisper Wood Apartments to relieve Santiago. Mr. Carter, another employee, was to take Michelin’s place at Fletcher Wood Apartments. When asked to asked to explain the inconsistencies, he could not do so. Carter, when interviewed by Floyd on August 5, 1997, as a part of the investigation, stated he did not work at Fletcher Woods Apartments that night nor has he ever worked there. Carter also indicated that when he was contacted by Rozzi shortly before August 5, 1997, Rozzi told Carter, to say, if he were asked, that he had worked at Fletcher Woods on the night of July 31, 1997. When Floyd advised Rozzi of Carter’s story, Rozzi still declined to change his version. Santiago is disqualified from licensure as a security guard in Florida because of his conviction of a felony in another state. Nonetheless, he applied for a security guard license in Florida in April or May 1997. At the time he applied, he received a temporary Class “D” license which allowed him to work pending action on the permanent license application, and he started work at A-1 as a security guard at different locations wherever he was posted. From time to time, including on July 30 and 31, 1997, he worked at Whisper Woods Apartments. On July 30, 1997, Santiago went to work at 4:00 p.m., intending to stay until relieved at the end of his shift, at 1:00 a.m., on July 31, 1997. At the time he went to work, he did not know that his application for licensure had been denied, nor did he know of the denial when he went to work on July 31, 1997. He claims he did not go home after work on either July 31 or early on August 1, 1997. Santiago claims he first learned of the denial when he got home later in the day on Friday, August 1, 1997, to find Floyd at his door. During the conversation he had with Floyd which followed, Floyd advised him that his license had been denied. This was the first he had heard of the denial, he claims. Santiago indicates that as soon as Floyd told him that, he left Floyd in his apartment and immediately went to his mailbox where he found the denial letter from the Division. There is some evidence to indicate that Santiago told Floyd in another interview prior to the hearing, that he had received the letter informing him of the denial on either July 30 or July 31, 1997. At hearing he claims that he was referring to a letter from the Division soliciting more information. This contention is rejected, however, since it is considered unlikely the Division would seek additional information and reject the application almost concurrently with the request. After Floyd left Santiago on August 1, 1997, Santiago immediately called Rozzi to tell him he could no longer work. Santiago claims Rozzi was upset with him when he called, claiming that he, Rozzi had tried to call Santiago a few days earlier to tell him not to go to work, but Santiago had not received the message or called him back. However, Santiago was at work at Whisper Woods Apartments from 4:00 p.m., on July 30, 1997, until 1:00 a.m., on July 31, 1997, and again that evening, and no one came to the job site either evening to talk with him about his status. This was, he claims, even after he told Rozzi that he, Rozzi, was going to get a letter indicating Santiago’s license was denied. Santiago claims that at no time after that notice did Rozzi terminate him or advise him he would be terminated when the letter came in. Rozzi contended at hearing that the first time he heard anything about the problem with Santiago working was on August 1, 1997, when he was in the Division office on a probation matter. It was at that time that Floyd showed him the logs from Whisper Woods Apartments and asked him about what appeared to be differences in the handwriting on them. Floyd also asked him at that time if he knew Santiago’s license was going to be denied. Rozzi said then that he had first learned of the problem on July 31, 1997. That same day, Rozzi claims, he made arrangements for someone else to cover that post so that Santiago would not be on duty, and Rozzi insists he did not know that this had not happened until the next day. Analysis of and comparison of the varied stories told by Rozzi regarding when he found out that Santiago’s license was being denied results in the conclusion that Rozzi found out on July 30, 1997. Had he not known, he would have had no reason to contact Michelin and tell him to switch duty assignments or to call Santiago and leave the message not to go to work any more. However, Michelin did not testify at the hearing, and the evidence of what he told Floyd regarding this is hearsay evidence. Even if Rozzi received the notice on July 30, 1997, as it appears, by his own admission he did not receive it until mid- evening, at a time when Santiago would have already been at work on the 4:00 p.m. to 1:00 a.m. shift. There is no way he could have reached Santiago that evening. Knowing this, Rozzi still did not make any effort to contact Santiago by going to the work site and relieving him by taking a relief guard with him. Consequently, it is found that regardless of which day Rozzi found out about Santiago’s disqualification, he did nothing to ensure that Santiago did not serve as a security guard without a license. Merely calling Santiago and leaving a message on the answering machine is not enough. At the least, he should have gone to the site to insure Santiago was not on duty. At this initial interview, Floyd also showed Rozzi a copy of one of A-1’s invoice forms which reflected at the bottom that the firm was available to perform certain tasks which were limited to a licensed detective agency and not permitted to a security agency. Rozzi indicated that he had copied the information from an advertisement of another agency, but assured Floyd that A-1 was not doing the unauthorized work. No evidence was introduced to indicate it was, and it is so found. Rozzi agreed to remove the inappropriate language from any form or communication used by the firm immediately. He did so. On December 31, 1996, the Director of the Division of Licensing entered a Final Order in Case No. C96-00855 relating to the two Respondents herein, adopting and incorporating the terms of a Stipulation and Settlement entered into between the division and the Respondents in that case. None of the documentation submitted in connection with that case indicates what offenses were alleged to have been committed by either Respondent. The terms of the Stipulation and Settlement called for the Respondents’ licenses to be placed on probation for a period of two years, and for Respondents to pay an administrative fine of four thousand dollars.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of State, Division of Licensing, enter a Final Order finding Respondents guilty of employing an unlicensed employee to perform services which require the possession of a license; of advertising the business of a private investigative agency without possessing the proper license; of failing to respond truthfully to questions asked by an authorized investigator during an official investigation; and of violating the terms of probation by committing violations of Chapter 493, Florida Statutes. It is further recommended that Respondents’ class “B” and Class “ MB” licenses as a security agency and security agency manager respectively, be revoked. DONE AND ENTERED this 25th day of August, 1998, in Tallahassee, Leon County, Florida. ARNOLD H. POLLOCK 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) 921-6947 Filed with the Clerk of the Division of Administrative Hearings this 25th day of August, 1998. COPIES FURNISHED: Douglas D. Sunshine, Esquire Department of State Division of Licensing The Capitol Mail Station 4 Tallahassee, Florida 32399-0250 Rayford H. Taylor, Esquire Stiles, Taylor, Grace & Smith, P.A. Post office Box 1140 Tallahassee, Florida 32302 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol Plaza Level 02 Tallahassee, Florida 32399-0250
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 Whether Respondent committed the violation alleged in the Administrative Complaint? If so, what disciplinary action should be taken against him?
Findings Of Fact Based upon the evidence adduced at hearing, the parties' stipulations, and the record as a whole, the following Findings of Fact are made: The Department is a state government licensing and regulatory agency. Respondent is now, and has been at all times material to the instant case, the holder of a Class "D" security guard license and a Class "G" statewide firearms license. He has held the former license since May of 1990 and the latter license since September of that year. He has never before been disciplined by the Department. From October of 1991, until June 23, 1993, Respondent was employed by Certified Security Services, Incorporated (hereinafter referred to as "Certified"), a business which provides armed and unarmed security services. Among Certified's clients during the period of Respondent's employment was Winn-Dixie Store No. 343 (hereinafter referred to as "Store 343"), located at 14900 Northwest 6th Avenue in Miami, Florida. Respondent was assigned by Certified to work as a uniformed security guard at Store 343. He regularly drove a cashier at the store named Maria home from work in his car. On the afternoon of June 23, 1993, at around 1:00 or 2:00 p.m., Respondent was standing in the store parking lot conversing with a patron of the store, Sylvia Malgarejo, when he was approached by Maria, who was carrying a package containing a box of Pampers and a bottle of cooking oil. Respondent had no reason to, nor did he, believe that Maria had misappropriated these items from the store. Maria asked Respondent to put the package in his car. Respondent complied with Maria's request. He then continued his conversation with Malgarejo. The conversation did not last long. Olga Campos-Campbell, the store's general merchandise manager, had reported to the store manager that Respondent had shoplifted merchandise from the store. Campos-Campbell and Respondent had an ongoing feud concerning the scope of Respondent's job responsibilities. Campos-Campbell frequently asked Respondent to do things that he believed were outside the scope of his duties as a security guard, and an argument between the two invariably ensued. Based upon Campos-Campbell's erroneous report, the store manager had Respondent detained. Kent Jurney, who assisted the owner of Certified, his wife, in running the business, was contacted and advised of the situation. Jurney responded by going to the store with Certified's general manager, Bill Banco, and confronting Respondent. Respondent's native language is Spanish. Jurney, on the other hand, does not speak or understand Spanish. He communicates in English. Respondent's ability to communicate in English, however, is limited. Respondent tried to explain to Jurney in English how he had come into possession of the Pampers and cooking oil, but Jurney misunderstood him and mistakenly thought that Respondent was admitting that he had stolen the items from the store. Accordingly, he advised Respondent that Respondent's employment with Certified was being terminated effective immediately. The police were also contacted. The police officer who responded to the scene cited Respondent for shoplifting.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Department enter a final order finding the evidence insufficient to establish that Respondent committed the violation of Section 493.6118(1)(f), Florida Statutes, alleged in the instant Administrative Complaint and dismissing the instant Administrative Complaint in its entirety. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 14th day of March, 1994. 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 14th day of March, 1994. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 93-6941 The following are the Hearing Officer's specific rulings on the "findings of facts" proposed by Respondent in his post-hearing submittal: 1. Accepted as true and incorporated in substance, although not necessarily repeated verbatim, in this Recommended Order. 2-5. Rejected as findings of fact because they are more in the nature of summaries of testimony elicited at hearing than findings of fact based upon such testimony. COPIES FURNISHED: Henri C. Cawthon, Esquire Department of State, Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 C. Ernest Rennella, Esquire 2524 Northwest 7th Street Miami, Florida 33125 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, Esquire General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250
