The Issue Prior to commencement of the hearing, the parties stipulated to the following: Jessie James Thompson applied for a Class "F" unarmed guard's license, Exhibit 1. The Department denied Thompson's application because he had failed to report his arrests as required in Question 13 of the application. The arrests in 1967 and 1978, referenced in the letter of denial, Exhibit 2, are true and accurate. Except for the grounds stated in the letter of denial, the applicant is otherwise qualified for licensure. Based on the Stipulation, the sole issue is whether Thompson falsified his application and misrepresented his qualifications on his application.
Findings Of Fact Jessie J. Thompson applied for licensure as an unarmed guard (Class "F" licensure). Thompson advised his employer's representative, Mr. Highsmith, that he had been arrested in 1967 and 1978. Highsmith checked "no" in answer to Question 13 on the application and advised Thompson that if he reported his arrests his application would be denied.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of State approve the application of Jessie James Thompson for licensure as a Class "F" unarmed guard. DONE and ORDERED this 15th day of February, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of February, 1980. COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Jessie J. Thompson 2212 North Tamarind Avenue West Palm Beach, Florida =================================================================
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 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
The Issue The issue is whether Respondent failed to maintain good moral character, as required by Section 943.13(7), Florida Statutes (2002), by unlawfully soliciting a woman to commit prostitution, in violation of Section 796.07(2)(f), Florida Statutes (2002).
Findings Of Fact Respondent has been a certified correctional officer since 1990. He holds Correctional Certificate Number 53627. On December 8, 1999, Respondent was operating his motor vehicle in a light rain in the vicinity of 68th Avenue and 17th Street at approximately 8:45 p.m. He saw a young female standing alongside the road. Respondent stopped his car and rolled down the passenger side window. He asked the woman if she needed a ride. She replied, "Do I ride?" This response implied to Respondent that she would assume the superior position in any sexual activity. Respondent repeated his initial question, and the woman replied with the same answer. The woman was a police officer who was conducting a prostitution sting operation with other officers, who were not visible to Respondent. The woman did not testify, and the other officers did not hear the conversation that took place between the woman and Respondent, so the sole source of the conversation is Respondent, who testified at the hearing and gave a statement to investigators. The conversation as described in these findings of fact is derived entirely from Respondent. Respondent replied to the woman, "I got $20." The woman asked, "For what?" Respondent answered, "For a fuck." The woman asked Respondent would he give her a ride back to their current location, and Respondent assured her that he would. The woman then turned away, explaining to Respondent that she was getting her pocketbook, but actually signalling to her fellow officers to take down Respondent. Respondent had felt that something was wrong and had started to drive away, but the officers quickly apprehended him. Following his arrest, Respondent was charged with soliciting a prostitution. However, he completed a pretrial diversion program, and the State Attorney's Office dismissed the case.
Recommendation It is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a final order finding Respondent guilty of failing to maintain good moral character and revoking his correctional officer certificate. DONE AND ENTERED this 6th day of November, 2003, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of November, 2003. COPIES FURNISHED: Rod Caswell, Program Director Division of Criminal Justice Professionalism Services Post Office Box 1489 Tallahassee, Florida 32302-1489 Michael Ramage, General Counsel Division of Criminal Justice Professionalism Services Post Office Box 1489 Tallahassee, Florida 32302-1489 Laurie Beth Binder Assistant General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 William Chennault Chennault Attorneys & Counsellors at Law Post Office Box 1097 Fort Lauderdale, Florida 33302-1097
Findings Of Fact Since July 1, 1981, Respondent had been a certified correctional officer, holding certificate number C-3285. Currently, Respondent is no longer employed as a correctional officer. However, on January 10, 1987, Respondent was employed as the arsenal officer at the Union County Correctional Institution. Prior to and including January 10, 1987, Respondent had been experiencing a great deal of marital difficulty with his wife, Candy. Sometime around January 10, the Raulerson's decided to part company. On January 10 at about 5:15 p.m., Candy Raulerson asked Sheriff Deputy Joseph Guyott to accompany her to the marital residence in order to pick up some of her things. Upon arriving Deputy Guyott observed a sign on the door warning persons to enter at their own risk. No one appeared to be at home. He, also, observed a shotgun shell attached to the door and a fishing line attached to the door handle at one end and to a buried beer can at the other end. The shell could be clearly seen. Ms. Raulerson's things had been placed outside the home in the rain. Upon observing the shell arrangement at the front door, Deputy Guyott secured the area and called the Sheriff. Once the Sheriff arrived, he began to investigate the area around the residence. At the back door of the residence the Sheriff discovered a tear gas or smoke canister 1/ attached to a line at one end and tied to the back door at the other end. The line had so much slack in it that nothing would happen when the door was opened. More importantly, the canister had been rendered inoperable by bending over the firing pin and taping the spoon. The canister was neither explosive nor poisonous. Petitioner, therefore, failed to prove any violation of Section 790.161, Florida Statutes. Upon entering the residence through the back door the Sheriff walked to the front door. He observed that the shotgun shell had been attached to an electric cord. The cord was attached to the brass end of the shell. However, the Sheriff could not remember whether the cord was attached to the shell's primer. The cord was run behind the sofa, but was not plugged in. No evidence was presented by Petitioner as to the explosive potential, if any, of this arrangement. Petitioner, therefore, failed to prove that Respondent had violated Section 790.161, Florida Statutes. More importantly, however, is that the evidence is clear that Respondent had absolutely no intent to harm anyone, 2/ but only wished to scare off any person attempting entry. The Sheriff admitted that after seeing the front and back door arrangements that it was apparent that Respondent did not intend to hurt anyone and neither arrangement was rigged to do any damage. Petitioner's evidence only demonstrates that Respondent was defending his property from his wife's meddling during a time when they were experiencing a great deal of marital difficulty. Respondent utilized a scare tactic that was not dangerous and not intended to hurt anyone, but only to keep someone out during his absence. Respondent did not commit any crime by rigging the canister and the shell in the manner he did. Moreover, Respondent's actions do not demonstrate any lack of good moral character on his part.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the administrative complaint against Respondent be DISMISSED. DONE and ENTERED this 2nd day of November, 1988, in Tallahassee, Florida. 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 2nd day of November, 1988.
The Issue The issue to be addressed is whether Respondent failed to maintain good moral character in violation of section 943.1295(7), Florida Statutes (2012), and if so, what penalty should be imposed?
Findings Of Fact At all times material to this proceeding, Respondent was licensed as a correctional officer, holding certificate number 286299. Respondent rented a trailer from Lucretia Porter. At some point, Respondent got behind on his rent, and Ms. Porter evicted him, giving him 80 days to remove his belongings from her trailer. On October 5, 2012, at approximately 9:30 a.m., Respondent came to Ms. Porter’s workplace, Scandy-White Boats, to talk to Ms. Porter. According to Ms. Porter, he smelled of alcohol and she got him to go outside with her to talk by her son-in-law’s truck. Respondent wanted to talk to her about his belongings left in the trailer. She informed him that he needed to get his belongings out of the trailer, or she would have the trash service take them away. Ms. Porter believed Respondent was intoxicated and told him to go home. Instead, he stepped up close to her face, called her a “f------ bitch just like my mama told me” and pushed her left shoulder with two fingers of his right hand. Ms. Porter called to her co-workers to call the police. Respondent left the premises and went into the woods behind the business. Ms. Porter was questioned by Deputy Nate Jordan. He took a sworn statement from her and attempted to locate Respondent, but did not find him at that time. Deputy Jordan found Respondent walking on State Road 71 about two or three hours later. He did not at that time seem intoxicated. Deputy Jordan filed a complaint affidavit against Respondent for battery, in violation of section 784.03, and Respondent was arrested. Respondent pleaded no contest to assault, and on December 4, 2012, he was adjudicated guilty and sentenced to time served. Respondent denies pushing Ms. Porter. He claims that she was upset he was not leaving his dirt bike and tools, because she believed that he would never pay her what he owed in back rent and felt he should leave her something. Respondent admits calling her a bitch but denied the other profanity. Respondent’s account was not credible. He stated that when arrested, he asked why, and was told “battery on Lucretia Porter.” In response to this answer, he stated, “No, I did not push her,” despite the fact that it did not appear as if the specific accusation had ever been described. In fact, one of his complaints was that Deputy Jordan did not really question him or give him much information.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission enter a Final Order finding that Respondent has violated the provisions of section 943.1395(7) and rule 11B- 27.0011(4)(b). It is further recommended that his certificate as a corrections officer be suspended prospectively for a period of 60 days, to begin 15 days after the entry of the final order; followed by probation for one year subject to whatever conditions the Commission deems appropriate. DONE AND ENTERED this 18th day of December, 2013, in Tallahassee, Leon County, Florida. S LISA SHEARER NELSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 18th day of December, 2013. COPIES FURNISHED: Linton B. Eason, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Scott D. Grzegorczyk (Address of record) Jennifer Cook Pritt, Program Director Division of Criminal Justice Professionalism Services Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
Findings Of Fact Herbert L. Lambert is a 24-year-old whit male. He is a high school graduate and able to read and write. On August 18, 1982, Lambert applied for licensure as an unarmed guard. On November 18, 1982, the Department of State denied Lamberts application for licensure: (a) because of fraud and misrepresentation on his application by failing to report his arrests on March 26, 1981, for larceny, and on April 9, 1982, for burglary of a conveyance; and (b) because he was found guilty of petit larceny on April 17, 1981, an offense which relates to the business for which the license is sought. The Department's denial was on the 92nd day after Lambert applied for licensure. Lambert was arrested on March 26, 1981, for petit larceny, and on April 9, 1982, for burglary of a conveyance, in Dade County, Florida. On April 17, 1981, he was convicted in Dade County, Florida, of petit larceny in March of 1981 and placed on 12 months probation. The offense of which Lambert was found guilty directly relates to the license which he seeks. The charges relating to his second arrest were nolle prossed. Lambert did not report these arrests because he was afraid it would prejudice his application for licensure as an unarmed guard.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is found that Herbert L. Lambert was licensed as an unarmed guard by operation of law. The agency must issue the license and, if it feels it necessary, proceed to revoke it. DONE and RECOMMENDED this 15th day of April, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of April, 1983. COPIES FURNISHED: Mr. Herbert Lambert, Jr. 8600 East Dixie Highway Miami, Florida 33138 Stephen Nall, Esquire Office of General Counsel Department of State The Capitol Tallahassee, Florida 32301 The Honorable George Firestone Department of State The Capitol Tallahassee, Florida 32301
Findings Of Fact Petitioner applied for licensure as an unarmed security guard and an armed security guard. In response to Question #13 on the application, "Have you ever been arrested?", Petitioner answered "yes" and indicated he was sentenced to 18 months for "buying and receiving" in 1971. Petitioner's complete criminal record is as follows: Arrested Charge Sentenced 1967 Willful misuse without right of 1967, six months a motor vehicle 1968 Willful misuse without right of 1968, two years' a motor vehicle probation 1969 Aggravated assault 1969, dismissed 1969 Willful misuse without a motor vehicle right of 1970, 158 days 1970 Receiving a stolen auto 1971, 18 months 1971 Escape, auto robbery, robbery 1971, years total 25 concurrent 1980 Arrested auto theft Charge dropped February 1981 Possession of a concealed weapon Dismissed February 1982 Possession of a concealed weapon Pending The 1967 arrest and conviction occurred when the Petitioner was approximately 16 years old. Petitioner admitted that he had taken the cars as alleged for joyriding as a youth. Petitioner explained that he was sentenced to the state correctional institution for possession of a rental car which he had borrowed from a friend, who had stolen it. Petitioner admitted he had escaped from prison, had stolen a car, and had been recaptured when he ran out of gas in Perry, Florida. Petitioner served eight years in prison and two years of probation of the 25 years' sentence imposed on him. Since his release from prison, the Petitioner has worked as a truck driver, roofer, security guard and mechanic. He has married and lives with his father-in-law, his wife and her two children by a previous marriage. Petitioner has had his civil rights restored to him except for the right to bear arms. He has petitioned to have that right restored. The Petitioner testified that he was issued a temporary pistol permit and issued a firearm by his employer, "Globe," and that he worked in an armed guard post on a building project in Miami. He worked hard as a security guard, frequently worked double shifts, had obtained two promotions, and was being considered for a third promotion when he was terminated as a result of the denial by the Division of Licensing. All charges made against the Petitioner since his release from prison have been dismissed except the charge of possession of a concealed weapon made in February of 1982, which the Petitioner fully disclosed. Petitioner had purchased a .38 calibre revolver, thinking that he was authorized to possess a firearm pursuant to the temporary pistol permit. It was this weapon that was discovered and for which he was charged in February of 1982. The Petitioner understood at the hearing that the temporary pistol permit did not authorize him to purchase or possess a firearm. Petitioner demonstrated a working knowledge of the limits of his authority as a security guard and secured his issued weapon in accordance with the company's rules and applicable regulations. The Petitioner presented a letter from his former supervisor at Globe, attesting to his good work, and a letter from a friend and neighbor attesting to his good conduct since his release from prison. Leroy Dowdell, who lives across from where the Petitioner now works, testified concerning Petitioner's reputation. Petitioner possesses a good reputation in the neighborhood. Dowdell stated he would trust the Petitioner to guard his personal property. The Petitioner stated that he wanted to be licensed because he could earn good money to support himself and his family, and that a knee injury and his criminal record had kept him from finding well-paid employment. Petitioner lacks a high school education. The Petitioner stated he did not list the offenses related to his escape because they occurred while he was in jail for the offense which he did list and were part of that record. Petitioner's testimony was uncontroverted.
Recommendation The Petitioner having established his reputation for honesty and fair dealing and respect for the law, he should be granted an unarmed security guard license; however, Petitioner's application for an armed security guard license should be denied. DONE and ORDERED this 8th day of April, 1982, in Tallahassee, Leon County, Florida. COPIES FURNISHED: Mr. Willie James Summersett 2268 NW 51st Terrace Miami, Florida 33142 James V. Antista, Esquire Assistant General Counsel Department of State Division of Licensing R. A. Gray Building, Room 106 Tallahassee, Florida 32301 George Firestone, Secretary Department of State The Capitol Tallahassee, Florida 32301 STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division Division of Administrative Hearings this 8th day of April, 1982.
The Issue Whether the allegations of the Amended Administrative Complaint are correct and, if so, what penalty should be imposed.
Findings Of Fact The Respondent holds a Class "D" Security Officer license number D92- 03311. The license was issued in 1992. Beginning in 1992, the Petitioner resided with his companion, Tiatiana Aleksandrova, and their children Ruth and Ilia Shuvalov. On December 18, 1992, the Respondent and Tiatiana were arguing and he shoved Tiatiana. Daughter Ruth, 14 years old, was present and saw the incident occur. Apparently attempting to protect her mother, Ruth became involved in the altercation. At the point of her involvement, the Respondent grabbed Ruth by the arm and throat, and pushed her into the kitchen wall. Ruth, much younger and smaller than the Respondent, posed no threat of harm to him. Immediately after the December 18 incident, Tiatiana, Ruth and 12 year old Ilia went to the Gulfport, Florida, Police Department where they discussed the incident with Officer Michael J. Bieluwka. Officer Bieluwka went to the Respondent's home. The Respondent refused to cooperate in the investigation. Based on the accounts of the events provided by Tiatiana and the children, Officer Bieluwka believed he had probable cause to arrest the Respondent. He attempted to effect the arrest at the Respondent's home. As Officer Bieluwka placed the Respondent under arrest, the Respondent pulled his arm from the officer's grasp and attempted to get away from him. The Respondent was charged with resisting arrest without violence. Eventually, the Respondent entered a plea of no contest and was convicted of resisting arrest without violence. On June 22, 1993, Tiatiana and the children were asleep in the Respondent's home. Just before dawn, the Respondent entered the room where Tiatiana slept, kicked her, pulled her hair, and demanded that she get up. Based on the June 22 event, the Respondent was charged with criminal battery. He entered a plea of no contest and was convicted of battery. On July 20, 1993, the Respondent had shut off the water line to the house at the main valve. Tiatiana, attempting to bathe, went outside and turned the water back on. An argument ensued outside the house and continuing when they reentered the structure. As Tiatiana stood in the kitchen, the Respondent entered through a screen door. The door closed on and broke a drinking glass he held in his hand. He threw the broken glass towards Tiatiana. The glass struck and cut her right leg just below the knee. Based on the July 20 event, the Respondent was charged with criminal battery. He entered a plea of no contest and was convicted of battery. There is no evidence that Tiatiana posed a threat of harm to the Respondent at any time or that she consented to the violence. There is no evidence that commission of violence or use of force on any person was required to protect the Respondent or another person from physical harm.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department Of State, Division Of Licensing, enter a Final Order revoking the Class "D" Security Officer license of Edward Shuvalov, license number D92-03311, and imposing a fine of $1,500. DONE and RECOMMENDED this 13th day of March, 1995 in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM 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 March, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-4482 To comply with the requirements of Section 120.59(2), Florida Statutes, the following constitute rulings on proposed findings of facts submitted by the parties. Petitioner The Petitioner's proposed findings of fact are accepted as modified and incorporated in the Recommended Order. Respondent The Respondent's proposed recommended order is a statement of the financial hardship which will allegedly be imposed if he does not prevail in this case. The Hearing Officer's responsibility is to determine whether the allegations of the Administrative Complaint are correct and, if so, what penalty should be imposed. The imposition of penalties is governed by the Rules cited herein. The Respondent's proposed recommended order is rejected as legally irrelevant. COPIES FURNISHED: Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250 Richard Whidden, Jr., Esquire Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Edward Shuvalov Post Office Box 5057 Gulfport, Florida 33737
The Issue The issue presented is whether or not Respondent is guilty of misconduct as alleged in the Administrative Complaint dated March 27, 1989, and, if so, what penalty should be imposed.
Findings Of Fact On October 14, 1968, Respondent, was certified by the Criminal Justice Standards and Training Commission, was issued Certificate Number GF-101468 and is currently certified by the Criminal Justice Standards and Training Commission as a law enforcement officer. On Friday, March 11, 1988, Respondent reported to work at the Metro- Dade Police Department, although ill and exhausted. Respondent had been suffering from an acute bronchial and strep throat-type condition prior to and including March 11, 1988 and had taken medication to combat the illness. Respondent left work early on March 11, 1988 with approval of his supervisor and, although feeling conjested, stopped by Sears department store on his way home to inspect a miniature freezer for his wife's vending business. He purchased the freezer on his Sears credit card which he had with him. Respondent, who was dressed in plain clothes, was carrying a shiny, leather, black briefcase with no handle which weighed a considerable amount and was cumbersome. The briefcase contained his weapon, handcuffs, bullets and miscellaneous paperwork. Respondent, after purchasing the freezer, did some browsing, as is his custom, looking for gadgets. The security personnel for Sears noticed Respondent and began monitoring his activities. At some point Respondent picked up a screwdriver item. Respondent placed the screwdriver under his arm, between the briefcase and his body, to free his hand in order to look at other items. He went to an available check out counter and paid cash for the screwdriver. He returned to the merchandise area to look over some retractable clothesline which had caught his attention for use in his townhouse. He selected the item but was having a difficult time handling his briefcase and the slippery, plastic carded clothesline. He remembered that he needed some T- shirts to wear under his uniform. Again, to free a hand to look at the T- shirts, he placed the clothesline in the bag which contained the screwdriver with the intent of paying for the clothesline at the time he purchased the T- shirts. Respondent left the hardware area of the store in search of the T- shirts when he began to feel nauseous. Fearing that he would vomit in the store, he decided to step outside. In his distraught condition, Respondent stepped outside the store without paying for the clothesline. While Respondent was attempting to compose himself and almost immediately after he walked out of the store, he was approached by Fred Ponce of Sears security. Mr. Ponce identified himself to Respondent and searched Respondent's bag of purchases which contained the clothesline. Respondent then realized he had, unwittingly, not paid for the item and remarked concerning the mistake. The item in question had a retail value of $7.99, at the time of the incident, and Respondent had the cash and credit with him in an amount sufficient to cover the purchase. Respondent was observed to be nervous, sweating and not looking well. Respondent was asked by Mr. Ponce to accompany him back to the security office inside the store, which Respondent did without incident. Once inside the security office Respondent identified himself as a police officer, requested water and asked to speak to the store manager, Mr. Stephens. After speaking to the store manager, Respondent notified the Metro Dade Police Department about the incident. Prior to leaving, Respondent was presented with a form, incident report for him to sign. The form language contained the following statement, "I had no intention of paying for this article." Respondent did not read the form carefully since he was under the impression, from what he was told by Sears' security personnel, that the form was merely an administrative report which he was required to acknowledge before he left. Feeling ill, distressed about the event and anxious to return to his work to speak with his supervisors, Respondent signed the form. Respondent then returned to the Metro-Dade Police Department to personally discuss the incident with his superiors. Respondent is a 21 year veteran of the Metro-Dade Police Department. At the time of the incident, he was assigned to the warehouse section of the Property and Evidence Bureau and was responsible for the accountability of millions of dollars of confiscated property including cash, drugs and jewelry. In the 3 years Respondent was so assigned, all inventory audits, which were done on a quarterly basis checked out. Respondent has a reputation in the community for honesty and integrity.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is: RECOMMENDED that the Criminal Justice Training Commission issue a Final Order dismissing the charges alleged in the Administrative Complaint entered in this case. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 15th day of February 1990. JANE C. HAYMAN 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 15th day of February, 1990.
