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.
The Issue Whether Respondent, Christopher Hargraves, committed the offenses alleged in the Amended Administrative Complaint and, if so, what penalty should be imposed on his Class "B" Security Agency License, Class "G" Statewide Firearm Permit, and Class "MB" Manager of Security Agency License.
Findings Of Fact At all timed pertinent to this proceeding, Respondent, Christopher W. Hargraves (Respondent/Mr.Hargraves), was the holder of Class "B" Security Agency License No. B87-00007, Class "MB" Security Agency Manager License No. MB 90-000019, and Class "G" Statewide Firearms License No. G91-00245. At all times pertinent to this proceeding, Mr. Hargraves was president of Protection Unlimited Crime Prevention Associated, Inc. (Protection Unlimited), a company which provided security services in the Tampa Bay area. The address of record for Protection Unlimited is 1511 Clement Road, Lutz, Florida 33549. Mack Cummings began his employment as a security officer with Protection Unlimited in early 1996 and worked there until late 1996. At the time Mr. Cummings was employed to work as a security guard for Protection Unlimited, he was also employed by Providence Security. As a security officer for Providence Security, Mr. Cummings' assigned posts were three Checkers Restaurants located in Tampa, Florida. Mr. Cummings' shift at Checkers began at 8:00 p.m. and ended between 1:00 a.m. and 2:30 a.m. The variation in the time Mr. Cummings' shift ended was due to and coincided with the time the particular Checkers' manager completed the restaurant's closing. When Mr. Cummings was employed by Protection Unlimited, he was assigned to work at Channel 13, a television facility located in Tampa, Florida. When he was being considered for the position of security officer, Mr. Cummings told Respondent about his assignment with Providence Security and advised Respondent that he would be unable to report to Channel 13 until after midnight. Nonetheless, Mr. Cummings was scheduled to begin his shift at Channel 13 at midnight. As a result of his employment at Providence Security, Mr. Cummings usually did not report for duty at Channel 13 until after midnight. Respondent was aware that on many nights Mr. Cummings was not reporting to Channel 13 until much later than midnight. Steven Cox worked for Protection Unlimited as a security officer during most of 1995. As a security guard for Protection Unlimited, Mr. Cox' assigned posts were Channel 13 and a yacht, the Claire T. While working at Channel 13, Mr. Cox performed security duties in plain clothes. At the time Mr. Cox was employed by Protection Unlimited, no uniforms were issued to him. Mr. Hargraves issued uniforms to Mr. Cox approximately two months after Mr. Cox began working for Protection Unlimited. David Gilbert was hired as a security officer with Protection Unlimited on or about July 10, 1995. Mr. Gilbert often worked with Steven Cox while both were employed with Protection Unlimited. During this time, Mr. Cox often observed Gilbert performing security duties in civilian clothes, rather than in a uniform. Michael Munger began his employment as a security officer with Protection Unlimited in late 1994 and worked for that agency for approximately nine months. As an employee of Protection Unlimited, Mr. Munger was assigned to Channel 13. Although Mr. Munger performed security duties at Channel 13, he was never provided with a uniform and thus, performed these duties in plain clothes. Willie Lee began his employment as a security officer with Protection Unlimited in June 1995 and worked for the agency until January 1996. Mr. Lee's assigned post was Channel 13. When Mr. Lee was initially employed by Protection Unlimited, he was not issued an agency identification card. A month or two after Mr. Lee was employed by Protection Unlimited, Respondent gave him a card which Respondent referred to as an agency identification card. The only information contained on the card was "Protection Unlimited Crime Prevention, Inc.," the typewritten name "Willie Lee," and Mr. Lee's signature. Also, the "agency card" had spaces designated "photo" and "agency representative," although the card contained neither a photo of Mr. Lee nor the signature or name of the agency representative. Barbara Norman was employed as a security officer with Protection Unlimited for several weeks in 1995. Respondent never provided Ms. Norman with uniforms to wear while she was performing security duties. Moreover, Ms. Norman had only a Class "D" license and therefore was not authorized to work as an "armed guard." Consistent with this Class "D" license, Protection Unlimited did not provide Ms. Norman with a firearm while she worked at Channel 13. However, she was told to wear an empty holster. Glen Davis was employed as a security officer with Protection Unlimited in 1996. Mr. Davis was assigned to the Claire T yacht. Mr. Davis was not issued uniforms to wear while conducting security duties for Protection Unlimited. On April 8, 1996, Gary Floyd and Gene Blicth, investigator for the Department, performed a proactive inspection of the Claire T while Mr. Davis was on duty and observed that Mr. Davis was not wearing a uniform. William Scott was employed with Protection Unlimited in February 1996 and continued working for the agency until July 1996. While employed with Protection Unlimited, Mr. Scott worked as a both a security guard and as acting supervisor for the agency. During the time that Mr. Scott worked for Protection Unlimited, he usually relieved by Mack Cummings or Steve Pritchard, also employees of Protection Unlimited. One night Mr. Pritchard did not report to work and no guard was or came on duty when Mr. Scott's assigned shift ended. Several times during his employment with Protection Unlimited, Mr. Scott needed to leave Channel 13 before the end of his shift. In these instances, and before leaving his post early, Mr. Scott gave prior notice to Respondent. Upon being so informed, Respondent told Mr. Scott that he should not indicate on the log that he had left his post early. As acting supervisor with Protection Unlimited, Mr. Scott was aware that Respondent routinely generated scheduling documents, time sheets, and payment schedules related to the operations of Protection Unlimited. Mr. Scott observed Respondent throw away many of these documents. The documents that Respondent discarded were less than two years old. On or about March 8, 1996, Investigator Floyd performed a proactive inspection of the yacht, the Claire T. At the site, he spoke with a man who identified himself as Rocky Cocozza. Mr. Cocozza was working as a security guard on the vessel and produced an agency identification card from Protection Unlimited. During this inspection, Mr. Cocozza was wearing black trousers and a black jacket. Under the jacket, Mr. Cocozza was wearing a blue short-sleeve shirt which contained an emblem identifying the employing agency; the emblem was on the left side of the shirt, just above the pocket. However, the emblem on the shirt could not necessarily be seen when Mr. Cocozza was wearing the black jacket. On March 18, 1996, Investigator Floyd was on the premises of Channel 13. As he was leaving that facility, Investigator Floyd observed Respondent performing security duties in the reception area. Investigator Floyd then approached Respondent and asked to see his agency identification card. Respondent did not produce a current agency identification card. On or about May 3, 1996, Investigator Floyd went to Respondent's address of record to inquire about matters related to Protection Unlimited. After determining that no one was on the premises, Investigator Floyd left one of his business cards on the door of Respondent's address of record. On the card, Investigator Floyd wrote, "Chris, please call." The note on the card was directed to Respondent, whose first name is Christopher. Later that same day, Investigator Floyd went to Respondent's residence. After Respondent's wife told Investigator Floyd that Respondent was not at home, Investigator Floyd gave one of his business cards to Respondent's wife and requested that she give it to Respondent. On the card given to Respondent's wife, Investigator Floyd also wrote a note requesting that Respondent call him. After waiting two months and receiving no response from Respondent, Investigator Floyd left several telephone messages for Respondent between July 10 and July 29, 1996. The telephone messages were left with Respondent's answering service and requested that Respondent return Investigator Floyd's calls. Although Respondent's answering service confirmed to Investigator Floyd that all of his messages had been conveyed to Respondent, Respondent never returned Investigator Floyd's telephone calls. On August 20, 1996, Investigator Floyd reached Respondent by telephone and scheduled a meeting with Respondent for August 22, 1996. On the day of the scheduled meeting, Respondent called Investigator Floyd and canceled the meeting. The following day, August 23, 1996, Investigator Floyd called Respondent at the Channel 13 security desk and, again, attempted to schedule a meeting with Respondent. Respondent indicated that he would call Investigator Floyd the following Monday, August 26, 1996, to schedule a meeting. After he had not heard from Respondent by 4:00 p.m. on August 26, 1996, Investigator Floyd called Respondent to schedule a meeting. During the August 26, 1996 telephone conversation, Respondent refused to set a date to meet with Investigator Floyd, indicating that he was too busy. However, Respondent told Investigator Floyd that he would call him the next week to schedule a meeting. Because he previously had been unsuccessful in scheduling a meeting with Respondent, after speaking with Respondent by telephone on August 26, 1998, Investigator Floyd went to Channel 13 and served Respondent with a subpoena duces tecum. The subpoena required Respondent to produce and provide the Department with various records maintained and related to the business operations of Protection Unlimited. The documents requested by the subpoena included the following: weekly assignment schedules; daily guard logs; time sheets; payroll records; personnel records of specified employees; and Employee Action Reports from January 1995 through March 1995, December 1995 through February 1996, and January 1996 through August 1996. Respondent failed to provide all of the documents requested in the subpoena. Respondent provided several of the requested documents but many of them appeared to have some of the information on them obliterated with "white out." With regard to several of the requested documents, Mr. Hargraves noted on the subpoena that the records could not be located. On or about September 3, 1996, after receiving some of the documents Respondent had provided pursuant to the subpoena, Investigator Floyd went to Channel 13 to speak with Respondent about the documents that had been requested. Upon arrival at Channel 13, Investigator Floyd told Respondent that he had a tape recorder and was recording the conversation. Respondent then refused to speak with Investigator Floyd and ejected him from the Channel 13 premises. Once Respondent ejected Investigator Floyd, Respondent went inside the Channel 13 building and locked the door. Investigator Floyd met with Respondent and his attorney on September 6, 1996, at the address of record for Protection Unlimited. During the meeting, Investigator Floyd discussed several areas of concern with Protection Unlimited, including the following: (1) general record keeping and record retention procedures; (2) filing of hiring and termination notices with Petitioner; (3) occupational license; (4) branch offices; and (5) general liability insurance. During the September 6, 1996, meeting, with regard to record keeping, Respondent acknowledged that he was a poor record keeper and that he routinely threw away records that he believed were no longer of use to him. Moreover, during this meeting, Respondent stated that he did not always file hiring and termination notices with Petitioner. During the course of his investigation, Investigator Floyd determined that Channel 13 permitted Respondent to bill for security guard services two weeks in advance. Based on a review of invoices from mid-December 1995 to August 1996, to Channel 13 from Respondent, Investigator Floyd found that Respondent had billed Channel 13 for his agency's services two weeks in advance. However, Respondent failed to make adjustments on subsequent invoices, to reflect a reduction in the actual number of hours worked by some security officers. For example, in July 1996, Respondent's invoices do not reflect the approximately nineteen hours that Mark Cummings was not actually at Channel 13. An investigation by Petitioner substantiated Respondent's admission that he did not always file hiring and termination notices. Among employees hired by Protection Unlimited, but for whom notices of hiring were not filed, were Barbara Norman, Steven Cox, William Scott, and Willie Lee. Furthermore, the Department's investigation found that Respondent failed to file termination notices for several of his employees, including William Scott, Barbara Norman, Steven Cox, and Willie Lee. During the September 6, 1996, meeting, Respondent showed Investigator Floyd a Hillsborough County occupational license for Protection Unlimited. The license was dated September 5, 1996, and indicated that it was an initial issue, although Protection Unlimited had been in business since at least 1994. During the course of that meeting, Respondent acknowledged that his agency did not have an occupational license prior to the one dated September 5, 1996. Investigator Floyd discussed the issue of branch offices with Respondent during the September 6, 1996 meeting. At that time, Respondent acknowledged that he had no branch office license. This admission by Respondent is confirmed by Petitioner's records which revealed that Respondent had no branch office license for any location, including 3213 West Kennedy, Tampa, Florida, the location of Channel 13. Despite not having a branch office license which authorized him to carry on business activities such as interviewing potential employees at a location other than his address of record, Respondent routinely conducted such activities at Channel 13, located 3213 West Kennedy Boulevard, Tampa, Florida. Newspaper advertisements by Protection Unlimited, included a Channel 13 telephone number. When individuals called that number to inquire about available security officer positions, prospective job applicants were directed to come to Channel 13 for their job interview. During the time relevant to this proceeding, numerous job interviews to fill security officer positions for Protection Unlimited were routinely conducted at Channel 13. During the September 6, 1996, meeting with Respondent, Investigator Floyd asked Respondent whether he issued agency identification cards to each of his employees when they were hired. Respondent answered affirmatively and indicated that he issued agency identification cards to each of his employees before "they ever set foot" on their assigned post. The statement by Respondent that he always provided agency identification cards to employees upon hiring them is false in light of the credible testimony of Willie Lee that he performed his security duties for Protection Unlimited for at least a month before receiving his agency identification card. During the September 6, 1996, meeting between Investigator Floyd and Respondent, Investigator Floyd asked Respondent whether he either permitted or had knowledge of his employees working in plain clothes while performing security duties. In response to this inquiry, Respondent told Investigator Floyd that he neither permitted nor had knowledge that employees wore plain clothes while performing security duties for his company. The statement made by Respondent to Investigator Floyd was a false statement. The credible testimony of Barbara Norman and Glenn Davis, both employees of Protection Unlimited, was that Respondent never issued them uniforms in which to perform their security duties and, as a result thereof, they performed their duties in plain clothes. Furthermore, the credible testimony of Michael Munger and Steve Cox was that as employees of Protection Unlimited, they performed security duties in plain clothes. Despite his testimony to the contrary, Respondent was at the Channel 13 and observed that many times these employees were performing security duties while not in uniforms. Another issue addressed by Investigator Floyd during the September 6, 1996, meeting with Respondent concerned the required reporting of individuals who had been employed by Protection Unlimited. When asked by Investigator Floyd whether he had ever employed Barbara Norman and Michael Munger as security guards for Protection Unlimited, Respondent answered in the negative. This statement by Respondent is false in light of the credible testimony of Barabara Norman and Michael Munger. Ms. Norman and Mr. Munger were employed by and worked for Protection Unlimited in 1995. During the September 6, 1996, meeting, Investigator Floyd asked Respondent to provide proof of the required general liability insurance for Respondent's agency. Respondent implied that he had the required insurance coverage, but at that time had no proof of such coverage. However, Mr. Hargraves told Investigator Floyd that he would have his insurance company fax documentary evidence that Protection Unlimited had the required insurance. Although Mr. Hargraves indicated that he would request that the insurance company fax the information to Investigator Floyd that same day, no such proof of insurance was ever provided to Investigator Floyd. Respondent routinely performed duties as a security officer at Channel 13 during the period between March 1996 and August 1996, inclusive, although he did not have a Class "D" Security Officer License. Respondent routinely carried a concealed firearm while on duty as a security officer during the time period April 1995 to July 1996. Respondent told Glenn Davis that if investigators from the Department came to the Claire T, Mr. Davis was not to allow them on the post. Respondent indicated to Mr. Davis that he would be fired if he cooperated with the Department. Respondent also told Mr. Scott that he was not to speak with Department investigators and that if the investigators came to his assigned post, Mr. Scott was to have the police remove the investigators from the premises. Respondent told Mr. Pritchard not to speak with any investigators from the Department and to call the police if they came to Channel 13. Mr. Pritchard was told that he would be terminated if he spoke to any Department investigators. On July 13, 1996, at about 8:30 p.m. and while on duty at Channel 13, Mr. Scott locked his master key to the facility in an office he had just checked. Immediately thereafter Mr. Scott attempted to call Respondent. When Mr. Scott could not reach Respondent directly, he left several messages with Respondent's answering service. Respondent never turned the calls. When Mr. Scott left at midnight, he still had not heard from Respondent. The next day when Mr. Scott spoke with Respondent, about the "key" incident that has occurred on July 13, 1996. Respondent then directed Mr. Scott to indicate on the log that Respondent had returned Mr. Scott's call on July 13, 1998, shortly after 8:30 p.m., the time Mr. Scott had initially placed the call to Respondent. Mr. Scott told Respondent that he would not falsify the log. Later Mr. Scott observed that Mr. Hargraves had added an addendum to the daily log that falsely indicated that Respondent had responded to Mr. Scott's call the previous night.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order (1) finding that Respondent committed the violations alleged in Counts IV through XXIV and Counts XXVI through XXVIII; (2) dismissing Counts I, II, III, and XXV; and (3) revoking Respondent's Class "B" license, Class "G" license, and Class "MB" license. DONE AND ENTERED this 29th day of May, 1998, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUMCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 29th day of May, 1998. COPIES FURNISHED: Michele L. Guy, Esquire Department of State Division of Licensing The Capitol, Mail Station Four Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250 Christopher Hargraves 12515 Mondragon Tampa, Florida 33625 Laura Vaughn, Esquire 401 East Jackson Suite 2525 Tampa, Florida 33602
Findings Of Fact Based on the documentary evidence received, the demeanor of the witnesses while testifying and the entire record compiled herein, the following relevant facts are found. By letter dated October 18, 1982, Mr. General G. Foreman, Petitioner herein, was advised that his application for Class "D" and "G" unarmed/armed security guard licenses had been denied based on "fraud or willful misrepresentation in application for or in obtaining a license." Chapter 493.319(1)(a), Florida Statutes. Petitioner timely applied for a formal administrative hearing pursuant to Chapter 120.57(1), Florida Statutes, concerning the denial of his application for Class "D" and "G" unarmed/armed security guard licenses by the Division of Licensing. 1/ Documentary evidence herein reveals that the Petitioner has been arrested ten times during the period April, 1950 through May, 1982. On Petitioner's application filed during approximately July, 1982, he listed two arrests during the period March, 1955 through approximately November, 1970. Petitioner listed (on the subject application) a trespassing charge which occurred during April, 1950, the outcome of which resulted in a conviction, and during November, 1969 or 1970, a rape charge which was "thrown out, dismissed." In the processing of applications for guard licenses, the Respondent conducts background investigations through fingerprint checks with the Federal Bureau of Investigation, the Florida Department of Law Enforcement and other local law enforcement agencies. The Respondent reviewed a "rap" sheet from the Florida Department of Law Enforcement (FDLE) and based on a consideration of the ten (10) occasions which the Petitioner had been arrested, an administrative determination was made that the Petitioner failed to fully disclose arrests. For that reason, Petitioner's application for the above-referred guard licenses was denied. (Testimony of Debbie Richards, Respondent's guard license application investigator). The Petitioner listed the tow charges which "bears" on his mind and the other arrests were not listed since they had no "bearing on his mind." Petitioner contends that he made no effort to "hide" anything. Further, Petitioner related that he, to this date, is unable to recall, with any specificity, the exact number of times that he has been arrested.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent, Department of State, Division of Licensing, enter a Final Order denying Petitioner's application for statewide Class "D" and "G" security guard licenses. 2/ RECOMMENDED this 3rd day of February, 1983, in Tallahassee, Florida. JAMES E. BRADWELL, 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 3rd day of February, 1983.
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 Respondent filed a license application with the Division of Licensing, Department of State for a Class "D" Unarmed Guard License on January 27, 1983. The Division of Licensing did not approve or deny the license application of Carlos Hernan Garcia within the 90-day period from the date of receipt of the application and, accordingly, by operation of Section 120.60(2), Florida Statutes, the Division issued to Respondent a Class "D" Unarmed Security Guard License which expires on May 14, 1983. But for the operation of the 90-day rule, the Division of Licensing would not have issued the Respondent an Unarmed Security Guard License. On July 17, 1983 the Division of Licensing issued an administrative complaint to revoke the license on grounds that the Respondent willfully misrepresented his criminal record in his application in violation of Section 495.319(1)(a), Florida Statutes, committed an assault and battery other than in self defense and committed criminal acts which directly relate to the business for which the license was sought in violation of Sections 493.319(1)(c) and (j), Florida Statutes. On May 19, 1979, the Respondent (while intoxicated) struck a police officer who was investigating a traffic accident in which the Respondent was involved. The Respondent was convicted of assault and battery upon a police officer and received six months probation and adjudication was withheld. On August 5, 1980, the Respondent was responsible for a fire which occurred in the bathroom of a restaurant during business hours for which he was convicted of criminal mischief. On or about October 29, 1982, the Respondent was carrying a concealed firearm, a 25-caliber pistol, without a license or permit required by Sections 790.05 and 790.06, Florida Statutes (1981). Following an argument which took place outside an apartment house, the Respondent shot and injured another person with the pistol. No criminal charges were brought and there was no prosecution as a result of this incident. The Respondent, who reads and writes English, failed to complete question number 13 on his security guard application, pertaining to past criminal arrests and convictions, by omitting any reference to the assault and battery and criminal mischief convictions, since the Respondent knew that he could be denied a license for having committed such crimes, and knowing that the omission, if discovered, would be grounds for denial of his license.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That a Final Order be entered revoking the Class "D" license of the Respondent Carlos Hernan Garcia. DONE and ENTERED this 15th day of March, 1984, in Tallahassee, Florida. SHARYN L. SMITH Hearing Officer Division of Administrative Hearings 2009 Apalachee Parkway Tallahassee, Florida 32301 904/480-9675 Filed with the Clerk of the Division of Administrative Hearings this 15 day of March, 1984. COPIES FURNISHED: James V. Antista, Esquire Department of State The Capitol Tallahassee, Florida 32301 Carlos Hernan Garcia 9380 West Flagler Street, #120 Miami, Florida 33130 George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 Mary Gast, Director Division of Licensing The Capitol Tallahassee, Florida 32301
The Issue Whether Respondent violated provisions of Chapter 493, Florida Statutes, as more specifically alleged in the Administrative Complaint dated April 15, 1991.
Findings Of Fact On March 14, 1991, Respondent performed the services of a security guard at a Best Western Motel in Orange County, Florida, As such he was employed by the motel. While performing the services above noted Respondent carried a 9mm Berretta automatic pistol in a holster external to his clothes. While performing the above-noted services Respondent's firearm was unloaded and he had hollow point 9mm shells in his pocket. While performing the above-noted services Respondent held neither a Class D nor Class G license. Respondent was performing the services of security guard while substituting for a relative who was ill. Respondent was working solely for the motel and was not associated with any security guard agency. The motel manager had requested that Respondent carry a unloaded firearm because several crimes had been committed in the vicinity of the motel. Respondent believed that as an employee of the motel, as contrasted with being employed by a security guard agency, Respondent did not need a security guard license. Further, Respondent believed he had a Second Amendment U.S. Constitutional right to overtly carry the firearm in the holster outside his clothing. At the time of this hearing Respondent was unemployed.
Findings Of Fact 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 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
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
