Findings Of Fact From November 1979 to October 1980, and again from October 1982 to May 3, 1983, the Respondent, Ron Adams, who operated Adams Investigations, Inc., in Orlando, Florida, employed George S. Williams as, among other duties, a repossessor for the sum of $400 per week. During both periods of employment, Mr. Williams held no type of license covered or provided for by the provisions of Chapter 493, Florida Statutes. This fact was known by Mr. Adams, who admitted it to Mr. Willie Rister, an investigator for the Petitioner. At the time of the hearing, Respondent held a valid Class "A" license, a Class "C" license, and a Class "E" license. At the times in question, Respondent held at least a valid Class "A" license. No evidence was presented as to the "C" license, and the "E" license was not available until sometime in 1981. The Florida Legislature revised Chapter 493, Florida Statutes, effective July 1, 1980, to require a Class "E" or "EE" license for repossessors. Prior to that time, holders of a Class "A" or "C" license could repossess. The Division of Licensing was not prompt in notifying individuals of the change to the law or in making application forms available to the public. However, during the period leading up to the passage of the legislation in question, and afterwards, Respondent Adams served on the Private Security Advisory Council, an advisory body of the Department of State, to serve as liaison between the agency and the regulated industry. Members of this body generally are very familiar with the rules and regulations of the industry; and, according to Ms. Gast, who worked with the Council and who knows Respondent, Mr. Adams was instrumental in drafting the repossessor rules. Ms. Gast recalls that when the Council took the position that the Department of State should not allow credit for unlicensed experience in determining if an application meets the criteria for licensure as a repossessor, Respondent was present and voted for that position. Therefore, he was intimately familiar with the new legislation, its history, and its intended application.
Recommendation That Respondent pay an administrative fine of $100.
The Issue Is Petitioner entitled to the renewal of her Class "D" license to serve as a private security officer?
Findings Of Fact Respondent licenses and regulates persons who hold Class "D" private security officer licenses. This licensure and regulation is in accordance with Part 1, Chapter 493, Florida Statutes. Petitioner held a Class "D" private security officer license. When Petitioner sought the renewal of that license, the license was denied for the reasons that have been stated. At times relevant to the inquiry, Petitioner worked for Giddens Security Corporation, which provided security for businesses located in Duval County, Florida. At times relevant to the inquiry, Terry H. Conners was a night supervisor for Giddens Security. He was responsible for checking the attendance of private security officers employed by Giddens Security at job sites. Centex Corporation was a client of Giddens Security in Duval County, Florida. Centex had a housing project that consisted of three completed model homes and other construction. The expectation was that the private security officer working for Giddens Security would patrol the area of the model homes and the balance of the construction site to make certain that unauthorized persons did not trespass. On June 25, commencing at 6:00 p.m. through June 26, 1997, at 6:00 a.m., Petitioner was responsible for performing the security patrol at the Centex location. At 1:35 a.m., June 26, 1997, Mr. Conners arrived at the Centex location. Petitioner was not on duty. Petitioner had abandoned her assignment as a security officer and responsibility to protect the property interest of Centex at that location. Mr. Conners ascertained that Petitioner was missing from her post by searching the entire area which Petitioner was responsible for patrolling. Mr. Conners assumed the duty of security officer on that occasion from approximately 1:35 a.m. to 6:00 a.m., June 26, 1997. Petitioner never returned to her post. Lieutenant Michael Batchelor was another supervisor employed by Giddens Security at times relevant to the inquiry. Among his responsibilities was the supervision of security officers working for Giddens Security at the construction site for Flournoy Construction Company, in Duval County, Florida. Petitioner had been assigned to work at the Flournoy site from 6:00 p.m. July 6, 1997, to 6:00 a.m. July 7, 1997, in the capacity of a security officer. Lieutenant Batchelor arrived at the Flournoy Construction site around 1:05 a.m. July 7, 1997. He went there specifically to give the key to the gate at the site to the security officer on duty. Lieutenant Batchelor could not locate the Petitioner at the site. Lieutenant Batchelor then undertook the responsibility to secure the Flournoy site from the time of his arrival until 6:00 a.m., July 7, 1997. During that time Petitioner never appeared at the site. Petitioner's responsibilities for patrolling the Flournoy Construction site were the same as those for the Centex site. Petitioner was expected to secure the property at the Flournoy site and keep persons from trespassing there. As with the circumstances with the Centex site, for the period that the supervisor was in attendance and Petitioner was not, Petitioner had abandoned her post at the Flournoy Construction site.
Recommendation Upon consideration of the facts found and the conclusions of law reached, it is recommended that a Final Order be entered which denys Petitioner her renewal of the Class "D" private security officer license which she held. DONE AND ENTERED this 13th day of March, 1998, in Tallahassee, Leon County, Florida. CHARLES C. ADAMS 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 13th day of March, 1998. COPIES FURNISHED: Kimberely Webber 6756 103rd Street Jacksonville, Florida 32210 Michele Guy, Esquire Department of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Don Bell, Esquire Department of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250 Sandra B. Mortham, Secretary Secretary of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact Respondent, Donald C. Whalen, is president of Somerset Security & Investigation, Inc. of Manatee County, Florida. Respondent holds several licenses issued by Petitioner, including a Class "A" Private Investigative Agency license number 86-00242, effective October 24, 1988; a Class "B" Watchman, Guard or Patrol Agency license number B86-00153, effective October 24, 1988; a Class "C" Private Investigator license number 86-00233, effective August 4, 1988; a Class "E" Repossesser license number E87-00027, effective March 20, 1989; and a Class "M" Manager license number M86-00046, effective August 4, 1988. Vaughn Yeager was employed by Respondent as a security guard for three months in 1988 without first obtaining licensure. Tom French was employed by Respondent as a security guard for three months in 1988 without first obtaining licensure. Ralph Chaffin was employed by Respondent as a security guard in May 1988, and worked for 27 hours without being licensed. Mr. Chaffin's application for licensure was not submitted because he quit within a few days of being hired. Judith L. Chester was employed by Respondent as a security guard between May 5, 1988 and September 24, 1988, before becoming licensed by the Division. George Clifton was employed as a security guard by Respondent between August 31 and September 5, 1988. An application for licensure was never submitted because of Mr. Clifton's termination. Roger Lee Curtis was employed by Respondent as a security guard from March 4 through August 1, 1988, before his application for 1icensure was received by the Division. James DeCoff was employed as a security guard by Respondent between June 17, 1988 and June 21, 1988, when he was terminated for improperly using a client's phone. His application for licensure was never submitted. Michael Durbin was employed as a security guard by Respondent in May 1988. He quit after working one day and an application was not submitted. Anthony R. Edwards was employed as a security guard by Respondent in May 1988. He quit after working one day and his application was not submitted. Albert F. Ferrell was employed as a security guard by Respondent between May 6, 1988 and November 20, 1988, before his application was submitted. Drenda Giambra was employed as a security guard for Respondent from September 16, 1988 to September 26, 1988, before becoming licensed by the Division. Dean Harris was employed as a security guard by Respondent from July 19, 1988 to November 20, 1988, before he was licensed by the Division. Dietrich Hogrefe was employed as a security guard by Respondent between November 30, 1988 and January 28, 1989, before becoming licensed by the Division. Daniel Hunt, Jr., was employed as a security guard by Respondent on April 10, 1989, before he was licensed on April 18, 1989. David Laplante was employed as a security guard by Respondent on January 15, 1989. He worked six hours and quit. An application was not submitted. Victor Lesso was employed as a security guard by Respondent from June 16 through July 7, 1988, without submitting an application for licensure. He was terminated after being arrested for arson. Ray Linderman was employed as a security guard by Respondent between April 8 and April 30, 1988, without being licensed. His application was submitted late. Todd Persinger was employed as a security guard by Respondent in January 1989, and worked one weekend before quitting. An application for licensure was never submitted. Arthur Samson was employed as a security guard by Respondent on September 30, 1988. His application was submitted by Respondent on October 2, 1988. He was terminated when the application was denied. Russell W. Schmidt was employed as a security guard by Respondent from March 4, 1988 thru April 1, 1988. He quit before his application for licensure was submitted. Jennifer Slaton was employed as a security guard by Respondent in November 1988. She worked part-time for three days and quit before her application was submitted. Randall Springer was employed as a security guard by Respondent for two weeks in September 1988. His application was never submitted because he quit. Tracy Tamburin worked as a security guard for Respondent for one weekend in December 1988. Her application was never submitted because she quit. James Wooten was employed as a security guard by Respondent from October 2, 1988 through March 25, 1989, before becoming licensed. Brian Frenn was employed as a security guard by Respondent for three shifts in January 1989. An application for licensure was not submitted. Gina Spaniak was employed as a security guard by Respondent for two weeks in March 1988. An application for licensure was never submitted. Tom Hunt was employed as a security guard by Respondent for two weeks in May 1989. An application was not submitted. Earl Watson was employed as a security guard by Respondent for a short period of time in April 1989. An application was not submitted. Todd Moudy was employed as a security guard by Respondent for a short period of time in April 1989. An application was not submitted. John Mullins was employed as a security guard by Respondent for a short period of time in May 1989. An application was not submitted. Walker Mobley was employed as a security guard by Respondent for a short period of time in May 1989. An application for 1icensure was not submitted. Richard Yelvington was employed as a security guard by Respondent from January 17, 1989, to February 28, 1989, before being licensed by the Division. Terry Harrison was employed as a security guard by Respondent from January 10, 1989 to February 10, 1989, before submitting an application for licensure. Cynthia K. Burdell was employed as a security guard by Respondent from July 18, 1988 through November 20, 1988, before being licensed by the Division. Flynn C. Gregory was employed as a security guard by Respondent from January 30, 1989 through April 4, 1989, before being licensed by the Division. David Morico was employed as a security guard by Respondent from March 30, 1989 to May 15, 1989, before being licensed by the Division. Daniel F. Hunt, Sr., was employed as a security guard by Respondent from March 18, 1989 to May 15, 1989, before submitting an application for licensure. Robert F. Hunt was employed as a security guard by Respondent for two weeks in March 1989, before submitting an application for licensure. John Moffat was employed as a security guard by Respondent from May 18, 1989 to June 1, 1989, with an expired Class "D" license. Jeff Clarkson was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Jay Abram was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Shedrick Bates was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Joseph Likes was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Dawn Dodson was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Woodrow Roberts was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Robert Anderson was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. In July 1989, twenty of Respondent's employees performed security guard services without identification cards. In July 1989, Respondent issued to six employees security guard badges which depicted a facsimile reproduction or pictorial portion of the Great Seal of the State of Florida without authorization. On or about June 30, 1988, Respondent repossessed a 38 ft. Wellcraft St. Tropez boat for Barnett Bank of Manatee County, Florida. The bank authorized Respondent to store the boat near Joe Ungarelli's house at 2409 69th Avenue West, Bradenton, Florida. Mr. Ungarelli expressed an interest in purchasing the boat from the Bank, and on July 2 or 3, 1988, Respondent, Ungarelli and two Barnett Bank employees, Doug Kramer and Tom French took the boat on a five to six hour trip so that Ungarelli could inspect the boat. The next day Respondent attended a Fourth of July party at Ungarelli's house. The boat was moved from Trailer Estates Marina to Ungarelli's dock and parked there. Respondent was also aboard for the second moving. Respondent solicited his friend Ungarelli to accompany him on the trip to repossess the St. Tropez boat from Englewood, Florida, a distance of over 40 miles south of Bradenton. Lee Bissette drove Respondent, Ungarelli and French to Englewood. Additionally, French worked part-time for Respondent as a security guard. After the boat was repossessed and brought from Englewood to Bradenton, Ungarelli again indicated to Respondent and Tom French that he was interested in purchasing the boat. Ungarelli requested that Barnett Bank allow him to take the boat out so that he could show his wife the boat and hopefully get her approval to purchase it. Barnett Bank thereafter contacted Respondent and authorized him to show the boat to Ungarelli and his wife. For doing so, Respondent was paid for his services. On Sunday, July 3, 1989, Respondent, acting on behalf of Barnett Bank, took the Ungarellis, Tom French and Doug Kramer out on the boat for approximately five hours. Karen Erikson, a friend and former employee of Respondent was picked up at a local seafood establishment earlier in the day. Immediately upon boarding the boat, Karen Erikson retired to the berth for at least three hours during the boat trip as she had consumed approximately ten beers and was somewhat intoxicated. On July 4, Joe Ungarelli had a Fourth of July party at his house. Respondent and other employees of Somerset Security were invited to Ungarelli's party. Ungarelli's house is located on a canal where the 38 ft. St. Tropez was docked along with four other boats, including a 40 ft. Scarub and a 32 ft. Sports Fisherman. Ungarelli dug the 25 ft. canal behind his home and it is, on the most favorable day, at best "tricky" to maneuver a large boat such as the repossessed 38 ft. St. Tropez into the canal. Respondent did not move the repossessed boat from Ungarelli's home on July 4th, nor did any other party, as Respondent, Ungarelli and several of his employees were busy barbecuing a pig for the party which was held that day. On each occasion that Respondent moved the repossessed boat, it was with the owner's (Barnett Bank of Bradenton) permission and was not used for any personal benefit of Respondent. Ungarelli submitted a bid to purchase the repossessed St. Tropez, however, he was out-bid by another party.
Recommendation Based on the foregoing Findings of Fact, Conclusions of Law and Stipulation of the parties, it is RECOMMENDED: Petitioner enter a Final Order imposing an administrative fine against Respondent in the amount of $4,000.00 and place his Class "A", "B", "C" and "M" licenses on probation for a term of six (6) months. 1/ DONE and ENTERED this 3rd day of July, 1990, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 3rd day of July, 1990.
Findings Of Fact The Petitioner's application for unarmed guard license reveals that she has been arrested several times on charges of failing to appear, conspiracy to commit robbery or kidnapping, and escape. Although some of the charges were serious, it does not appear that she has ever been convicted of any crime involving moral turpitude or dishonest dealings, or that she has ever lost her civil rights. It does appear that the Petitioner is qualified for licensure as an unarmed guard.
Findings Of Fact 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 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
