The Issue Whether Respondent, the holder of a Class "D" Security Officer License and a Class "G" Statewide Firearm License, committed the offenses alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact Respondent holds Class "D" Security Officer License Number D94-10889, which was issued pursuant to Chapter 493, Florida Statutes, effective July 6, 1996, to July 6, 1998. Respondent also holds Class "G" Statewide Firearm License Number G94-02779, effective September 29, 1996, to September 29, 1998. At the times pertinent to this proceeding, Respondent was employed by Navarro Security. On November 18 and 19, Respondent was on duty at a security post during the evening and early morning hours. The assigned post was Star Motors, a Mercedes-Benz car dealership located on Federal Highway (U.S. 1) in Fort Lauderdale, Florida. Respondent had the responsibility of providing security for the vehicles and other property located at the dealership. Respondent had been instructed to park his vehicle at the front part of the dealership property so he could observe at all times the inventory that was parked on an open lot. Respondent was to carry a two-way radio with him while on he was on duty and he was required to respond to hourly radio checks from his supervisors. Respondent was not permitted to sleep while on duty. On November 18, 1996, Randy Robinson, a supervisor (captain) employed by Navarro Security, was dispatched to Star Motors because Respondent had missed a radio check at 11:00 p.m. Mr. Robinson arrived at Star Motors at approximately 11:40 p.m. and observed Respondent to be asleep in his own vehicle at a location adjacent to, but off the premises of, Star Motors. Mr. Robinson photographed Respondent using flash bulbs and shined a flashlight on his face. Respondent did not awaken until Mr. Robinson knocked on the windshield of Respondent's vehicle. On November 19, 1996, shortly before 2:54 a.m., Respondent missed another radio check. Mike Crutcher, a supervisor (lieutenant) employed by Navarro Security was dispatched to Star Motors. Mr. Crutcher arrived at Star Motors at 2:54 a.m. and observed Respondent asleep in his vehicle. The vehicle was parked in the circular drive on the premises of Star Motors. Mr. Crutcher photographed Respondent using a flash bulb. Respondent did not awaken until Mr. Crutcher knocked on the vehicle.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent's Class "D" Security Licensed be revoked. It is further RECOMMENDED that no action be taken against Respondent's Class "G" Statewide Firearms License. DONE AND ENTERED this 31st day of March, 1998, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 31st day of March, 1998. COPIES FURNISHED: Michele Guy, Esquire Department of State Division of Licensing The Capitol, Mail Station No. 4 Tallahassee, Florida 32399-0250 Arthur W. Francis, pro se 506 Northwest 3rd Street Apartment 2 Dania, Florida 33004 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 32399-0450
Findings Of Fact Petitioner made application for Class "A" and "B," Private Investigator and Security Guard or Patrol Licenses. Petitioner was denied these licenses on the grounds that he lacked the requisite one year's experience in the State of Florida in the field for which he wished licensure. Petitioner was born in 1942, graduated from high school in 1960, and began to train dogs professionally in 1961. Gradually, through training guard dogs, patrol dogs and other specially trained dogs, the Petitioner entered the security business. He was granted a private investigator license by Pennsylvania in 1971, and later was licensed by Pennsylvania to provide security services. His company, which recently changed its name from K-9 Training School to Associated Security Specialists of Pennsylvania, (Associated), grew until it now employs 90 to 100 employees. Petitioner is now the President of this Pennsylvania corporation and was Chief of Security for the company until moving to Florida. Petitioner is still an active officer of this corporation, traveling to Pennsylvania frequently to participate in management of the company. Employees of Associated are engaged in foot and' mobile security patrols at businesses, apartments and industrial sites; surveillance of operations; personnel security; riot training; and security and crowd control at sporting and entertainment events for private and public employers. Petitioner has personally been licensed as a private investigator in Pennsylvania since 1971, and holds a Pennsylvania firearms license and firearms qualification certificate. Petitioner moved to Florida in December of 1978, and purchased a home in Citra, Florida, in approximately June of 1979. Prior to June, 1979, he lived with his mother in Ocala, Florida. Petitioner has attempted to obtain employment as a security guard at several licensed guard services. He has been denied employment because of his potential competitive position if he acquires in-state experience. Some agencies have even offered to hire him if he would pay them for letting him get the experience. Petitioner meets all of the criteria for licensure except one year's experience in the State of Florida.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the agency head deny the applications for Class "A" and "B" Licenses of the Petitioner. 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 Morris S. Finkel, Esquire 3352 North East 34th Street Fort Lauderdale, Florida 33308
The Issue The issue in this case is whether Respondent, Ricardo Cabrera, committed the offenses alleged in an Administrative Complaint issued by Petitioner, the Department of Financial Services, on March 9, 2005, and, if so, what penalty should be imposed.
Findings Of Fact The Parties. Petitioner, the Department of Financial Services (hereinafter referred to as the "Department"), is the agency of the State of Florida charged with the responsibility for, among other things, the licensure of individuals who wish to install and maintain fire suppression equipment and the investigation and prosecution of complaints against individuals who have been licensed in Florida. See Ch. 633, Fla. Stat. Respondent, Ricardo Cabrera, is and has been at all times material hereto a licensed Fire Equipment Dealer, Class C, in the State of Florida. Mr. Cabrera, who first applied for licensure as a Fire Equipment Dealer, Class C, on or about October 10, 1989, was issued license number 70219300011990 on January 17, 1990. The Department has jurisdiction over Mr. Cabrera’s licenses. Criminal Case. On or about October 20, 1989, after Mr. Cabrera had first applied for licensure by the Department, a criminal Information was filed in case number 89-38498, in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, charging that on September 30, 1989, Mr. Cabrera, unlawfully and feloniously had in his actual or constructive possession cocaine, a controlled substance. On or about December 12, 1989, Mr. Cabrera pled nolo contendere to possession of cocaine, a third degree felony, in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida. Adjudication was withheld on the charge, and Mr. Cabrera was sentenced to probation for a period of one year and was ordered to successfully complete the T.A.S.C. drug program, a narcotics treatment program. As a result of the fact that the court withheld adjudication of guilt, Mr. Cabrera did not lose any civil rights. Mr. Cabrera's 1998 License Renewal Application; Count I. Mr. Cabrera applied for renewal of his license as a Fire Equipment Dealer, Class C, on or about December 5, 1998. Mr. Cabrera was asked and answered in the negative the following question on the application for renewal he filed with the Department: “Have you ever been convicted or pled nolo contendere to a felony?” The question, "[h]ave you ever been convicted or pled nolo contendere to a felony” is clear and understandable. Given Mr. Cabrera's plea of nolo contendere to the felony of possession of cocaine on December 12, 1989, the only reasonable response to this question Mr. Cabrera should have given was "yes." Mr. Cabrera has given no explanation as to why he failed to answer the question truthfully. Mr. Cabrera's license renewal application was received by the Department on or about December 21, 1998, and the renewal of his Fire Equipment Dealer, Class C, license was granted on June 14, 1999. Mr. Cabrera's 1999 License Renewal Application; Count II. Mr. Cabrera again applied for renewal of his license as a Fire Equipment Dealer, Class C, on or about December 6, 1999. Mr. Cabrera was asked and answered in the negative the following question on the application for renewal he filed with the Department: “Have you ever been convicted or pled nolo contendere to a felony?” The question, "[h]ave you ever been convicted or pled nolo contendere to a felony” is clear and understandable. Given Mr. Cabrera's plea of nolo contendere to the felony of possession of cocaine on December 12, 1989, the only reasonable response to this question Mr. Cabrera should have given was "yes." Mr. Cabrera has given no explanation as to why he failed to answer the question truthfully. Mr. Cabrera's license renewal application was received by the Department on or about December 13, 1999, and the renewal of his Fire Equipment Dealer, Class C, license was granted on December 15, 1999. Mitigating/Aggravating Factors. An Administrative Complaint was filed against Mr. Cabrera on or about December 30, 1994, as Qualifier for BC & ABC Fire Extinguisher Maintenance, alleging that he maintained two places of business without separate Fire Equipment Dealer licenses and qualifiers for each, and that he allowed an unlicensed person to conduct the business of a Fire Equipment Dealer. On or about August 8, 1995, Mr. Cabrera was placed on probation for two years and ordered to pay a fine of $1,000.00. An Administrative Complaint was filed against Mr. Cabrera on or about June 29, 2004, as Qualifier for BC & ABC Fire Extinguisher Maintenance, alleging that he allowed the insurance required to be carried by Section 633.061, Florida Statutes, for the business to lapse. On or about February 11, 2005, Mr. Cabrera was placed on probation for one year and ordered to pay a fine of $1,000.00.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Department: Finding that Mr. Cabrera, did not violate Section 633.162(4)(f), Florida Statutes, as alleged in Counts I & II of the Administrative Complaint; Finding that Mr. Cabrera, violated Section 633.162(4)(g), Florida Statutes, as alleged in Counts I & II of the Administrative Complaint; and Revoking Mr. Cabrera's license for a period of four years from the date of the final order. DONE AND ENTERED this 21st day of July, 2005, in Tallahassee, Leon County, Florida. S LARRY J. SARTIN 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 21st day of July, 2005.
Findings Of Fact At all times material to this proceeding, Respondent, Irving Weissbrod (Weissbrod) held a Class "K" Firearms Instructor Licence Number K87-00026 /1 , which allowed him to provide classroom and range instruction to applicants for a Class "G" license. Weissbrod has been teaching the firearms qualification course since 1987. Weissbrod was required by Rule 1C-3.128, Florida Administrative Code, to use the Department of State, Division of Licensing's Firearms Instructor's Training Manual (Training Manual) in teaching the course for a Class "G" license. In early March, 1995, Richard Thomas Railton (Railton), an investigator for the Respondent, Department of State, Division of Licensing (Department), was given the assignment to attend a Class "G" training course which was being given by Weissbrod through his business, Florida Firearms Corp. The purpose of the assignment was to determine whether the training being given met the minimum hours required by statute. Railton called Weissbrod to arrange for the class. Weissbrod told Railton that the cost of the course was $144.00. Railton obtained the money from the Department and converted the funds to a money order payable to Florida Firearms for $144.00. Railton identified himself to Weissbrod as Richard Thomas. On March 14, 1995, Railton went to Florida Firearms, where the class was to be conducted. He arrived around 6:45 p.m. There were two other students in the class, Paul Stephenson and an unidentified male. When Railton arrived at the class, he advised Weissbrod that he had extensive experience with firearms, that he had been a policeman for seven or eight years, and that he was currently a private investigator. Stephenson advised Weissbrod that he had been a private investigator for about ten years and that he had a lot of firearm training. The third student had no training in firearms. The Training Manual requires that an instructor provide 13 hours of instruction on the legal aspects of the use of firearms; fours hours of instruction on operational firearms safety; three hours of firearms mechanical training; and eight hours of firearms range qualification. The class started at 7:05 p.m. During the first fifteen minutes of class, Weissbrod processed the students' paperwork, collected fees, and gave receipts. When Railton paid his fees, Weissbrod charged him only $134.00 because Railton did not need to have a photograph taken for his license application. Weissbrod told the class that he taught an accelerated class and that he could teach the required information in less time than the state requirement of 28 hours. From 7:20 to 7:40 p.m., Weissbrod explained the definitions of misdemeanors and felonies and discussed firearm violations in the two categories. He also discussed the meaning of reasonable and deadly force. From 7:40 to 8:10 p.m., Weissbrod passed out copies of an examination and reviewed the questions and answers with the students. While they were reviewing the examination, Weissbrod remarked, "I'll be out of here real early tonight." At 8:10 p.m. Weissbrod passed out an examination for the students to complete. By 8:35, the students had completed the examination. Both Railton and Stephenson passed the written test. Weissbrod told them to meet at Big Al's Gun Range the next evening at 7:30 p.m. for range qualification. Weissbrod told one student that they would be finished with the range qualification by 8:00 p.m. On March 15, 1995, Railton and Stephenson met Weissbrod at the firing range at 7:30 p.m. The third student did not participate in the range qualifications on that evening. Railton and Stephenson fired their guns and their targets were scored. Both men passed the range qualifications. Weissbrod issued certifications to Railton and Stephenson, stating that they had received 28 hours of training. Weissbrod admitted that Railton and Stephenson received less than the 28 hours required by Section 493.6115(8), Florida Statutes; however, he submits that it was an isolated incident, and no evidence was presented to the contrary. Notwithstanding, his violations were flagrant and, whether isolated or not, were knowingly committed. On March 22, 1995, the Department issued an Emergency Suspension Order, alleging that Weissbrod committed fraud, deceit, negligence or misconduct in the practice of regulated activities under Chapter 493, Florida Statutes, based on essentially the same facts that are alleged in Counts I through VI of the Amended Administrative Complaint. On April 13, 1995, an Order was issued vacating the Emergency Suspension Order. Thus, Weissbrod had been effectively suspended by the Department from March 22, 1995 to April 13, 1995, a period of 22 days.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order finding that Irving Weissbrod violated Section 493.6118(1)(f), Florida Statutes as set forth in Counts I through VI of the Amended Administrative Complaint and imposing an administrative fine of $300 for each Count (a total of $1800) and suspending his license for one month. DONE AND ENTERED this 25th day of March, 1996, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND, 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 25th day of March, 1996.
The Issue Does Petitioner, Captain Ronald G. Beermunder, have standing to bring this action? Does the Division of Administrative Hearings (DOAH) have jurisdiction over this matter? Do the 2008 Firearms Instructor's Training Manual and the 2011 Certificate of Firearms Proficiency for Statewide Firearm License constitute agency statements that amount to a rule as defined in section 120.52(16), Florida Statutes (2014)?1/ If so, has the Division adopted the statements through the chapter 120 rulemaking procedure?
Findings Of Fact The Parties The Division licenses and regulates private investigative, security, and repossession services in Florida. §§ 493.6100 and 493.6101, Fla. Stat. Some Division licensees may bear firearms in the course of regulated activities. § 493.6115(2), Fla. Stat. A licensee who bears a firearm must also possess a Class "G" license. § 493.6115(2), Fla. Stat. An applicant for a Class "G" license must satisfy minimum training criteria for firearms established by statute and rule of the Department. The criteria include 28 hours of range and classroom training taught and administered by a Class "K" licensee. § 493.6105(5), Fla. Stat. Additionally, each Class "G" licensee must submit proof annually that he or she has received a minimum of four hours of firearms recertification training, also taught by a Class "K" licensee during each year of the license period. § 493.6113(3)(b), Fla. Stat. Captain Beermunder has been a licensed Class "K" firearms instructor since 2009. A Brief History of the Manual, the Certificate, and Rules Over the years, the Division has prepared various versions of a Firearms Instructor's Training Manual for Class "K" instructors to use when teaching Class "G" students. The Division has also prepared various versions of a Certificate of Firearms Proficiency for Statewide Firearm License for use by Class "K" instructors to certify a Class "G" student's completion of training. In 1996, the Division, housed, at the time, at the Secretary of State, incorporated the existing versions of the manual and the certificate in Florida Administrative Code Rule 1C-3.1000(6), now rule 5N-1.100. Over the following years, the Division prepared and relied upon various updated versions of the manual and the certificate, including the 2008 version of the Manual and the 2011 Certificate. It did not adopt these versions by reference in a rule. In the euphemistic words of Mr. Wilkinson, the assistant director of the Division, who took that position in 20113/: "Well, I have to acknowledge that my predecessors were not observant in their duties to update manuals and go through the proper rulemaking process." In 2014, after Captain Beermunder began his challenges to use of the 2008 Manual and the 2011 Certificate, the Department amended rule 5N-1.134. The amendment incorporated revised versions of the manual and the certificate as permitted by section 120.54(1)(h). The rule, as amended, became effective May 21, 2014. The Division stopped relying on the 2008 Manual on May 21, 2014, upon adoption of the 2014 version. On May 20, 2014, the Division sent all Class "K" instructors an "Important Notice," along with a compact disc (CD) containing an electronic version of the 2014 Firearms Instructor's Training Manual. The notice informed instructors of the changes to the 2008 Manual and that a supply of revised 2011 Certificates would be forwarded in June 2014. On June 25, 2014, the Division issued another "Important Notice" to Class "K" instructors, along with a supply of the newly adopted 2014 Certificates. It sent a second CD because the one sent in May contained typographical errors. The "Important Notice" informed Class "K" instructors that they could continue using the 2011 Certificate until their stock of certificates ran out. If an applicant submitted the 2011 Certificate, the Division would accept it. New Criminal Statute in 2013 and Investigation of Beermunder The Legislature amended section 493.6120, Florida Statutes (2012), in 2013 to make it a third-degree felony to knowingly possess, issue, sell, submit, or offer "a fraudulent training certificate, proficiency form, or other official document that declares an applicant to have successfully completed any course of training required for licensure under this chapter." § 493.6120(5), Fla. Stat.; Ch. 2013-251, § 6, Laws of Fla. The Division began investigating several Class "K" instructors, including Captain Beermunder, for violation of the new statute. The Division turned the investigation of Captain Beermunder over to the Department of Agriculture Law Enforcement unit. Investigator Padgett issued a probable cause statement that led to the State Attorney of Santa Rosa County charging Captain Beermunder with multiple felony violations. During the Department's investigation and determination of probable cause, the Division relied upon the 2008 Manual and the 2011 Certificate, neither of which were ever adopted as rules. Before this rule challenge hearing, Captain Beermunder entered a no contest plea to nine felony counts of issuing fraudulent certificates, reserving the right to appeal the ruling on a motion in limine raising an issue of whether charges relied upon an unpromulgated rule. The Division is acting against Captain Beermunder's license on the basis of his no contest plea. The nine counts of amended information that Captain Beermunder pled no contest to in criminal case no. 13001343CFMXAX charged him, using identical language except for the differing names of the applicants and different dates in 2013, with issuing a Certificate of Proficiency for the Security Officer G-License applicants when he "knew or reasonably should have known that the certificate, form, or document was fraudulent in violation of Sections 493.6120(7) and 493.6105(5), Florida Statutes." Section 493.6105(5) states among other things: In addition to the requirements outlined in subsection (3), an applicant for a Class "G" license must satisfy minimum training criteria for firearms established by rule of the department, which training criteria includes, but is not limited to, 28 hours of range and classroom training taught and administered by a Class "K" licensee; however, no more than 8 hours of such training shall consist of range training. Every one of the charges to which Captain Beermunder pled no contest were based upon issuing certificates of firearms proficiency fraudulently stating that the applicant had completed 28 hours of training. The Legislature established the requirement for 28 hours of training in 1997 when chapter 97-248, section 3, Laws of Florida, amended section 493.6105, Florida Statutes (1996), to raise the hours of training requirement to 28. The requirement has been in effect ever since. It was in effect when Captain Beermunder was first licensed in 2009.
The Issue The issues in the case are whether the Respondent’s application for a Class G Firearms license should be approved and whether his existing Concealed Weapons license should be revoked.
Findings Of Fact The Petitioner is the agency charged with regulating the licensure and sale of weapons in the State of Florida. By letter dated November 5, 1998, the Department of State, Division of Licensing, notified Kenneth Dunning that his application for a Class “G” license had been denied. The grounds for the proposed denial are as follows: Failure to qualify under Section 493.6118(4), Florida Statutes, in that you were convicted of a felony and your civil rights, including the specific right to possess firearms, have not been restored by the State of Michigan. For information, please contact the state (sic) of Michigan. In 1960, Mr. Dunning was convicted of attempted armed robbery, a felony, in the State of Michigan. On December 23, 1998, the Department filed an Administrative Complaint against Mr. Dunning, seeking to revoke his Concealed Weapons license, number W98-00504. As grounds for the proposed revocation, the Complaint states as follows: On or about June 17, 1960, in the State of Michigan, Respondent was convicted of attempted armed robbery, a felony, and has not had the right to own or possess firearms restored in the State of Michigan. Respondent is ineligible for licensure pursuant to Sections 790.06(2)(d) and 790,23, Florida Statutes. There is no evidence that Mr. Dunning’s civil rights were lost as a result of his 1960 conviction. The evidence, including Mr. Dunning’s uncontradicted testimony and available documents, establishes that Mr. Dunning’s civil rights, if impacted at all by his 1960 conviction, have been restored without reservation. By Order dated May 23, 1997, from the Office of Executive Clemency, Mr. Dunning was granted a restoration of civil rights “except the specific authority to possess or own a firearm” by the Governor of the State of Florida with the concurrence of the requisite members of the State Cabinet. The Certificate of Restoration indicates it is valid “in the State of Florida for any and all felony convictions in the state other than Florida, or in any United States court or military court. . . .” By Executive Order dated September 10, 1998, and signed by the Governor of the State of Florida, Mr. Dunning was granted “the right to own, possess or use firearms.” Department Exhibit numbered 1 is a letter dated September 28, 1998, from “Anthony P. Gledhill” who is identified as “Division Counsel, Detroit” for the Federal Bureau of Alcohol, Tobacco and Firearms to John P. Booth, Assistant General Counsel, Florida Department of Law Enforcement (FDLE). The letter is a legal analysis of case law related to restoration of an individual’s civil rights after conviction. The exhibit does not establish that Mr. Dunning’s conviction resulted in a loss of his civil rights. The letter does not establish that his civil rights, if impacted by the conviction, were not completely restored. Department Exhibit numbered 2 is a letter dated September 24, 1998, to Mr. Dunhill from Mr. Booth. The letter identifies as the reason for FDLE’s nonapproval of Mr. Dunning's attempt to purchase a firearm under Section 790.065, Florida Statutes, “the determination by the Bureau of Alcohol, Tobacco, and Firearms that your civil rights have not been fully restored by Michigan. . . .” The exhibit does not establish that Mr. Dunning’s conviction resulted in a loss of his civil rights. The letter does not establish that his civil rights, if impacted by the conviction, were not completely restored.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Business and Professional Regulation enter a final order granting the application of Kenneth Dunning for a Class “G” firearms license and dismissing the Administrative Complaint addressed herein. DONE AND ENTERED this 29th day of April, 1999, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM 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 29th day of April, 1999. COPIES FURNISHED: Steve Bensko, Esquire Division of Licensing Department of State The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Kenneth Dunning 806 Walker Drive Tampa, Florida 33613 Honorable Katherine Harris Secretary of State Department of State The Capitol, Plaza Lever 01 Tallahassee, Florida 32399-0250 Deborah K. Kearney, General Counsel Department of State The Capitol, Lower Level 10 Tallahassee, Florida 32399-0250
Findings Of Fact Ozell Barnes applied for a license as an armed and unarmed guard. He was granted an unarmed guard license. Barnes is employed as a caretaker/gardener at a nursing home for the elderly. Barnes' employer has no requirement for an armed guard, and Barnes' duties do not require him to be armed. Barnes is a remarkable man who, as a black deaf-mute, supports himself and his family in a regular competitive job. Because of his deafness, his written communication is often initially unclear to those not familiar with it; however, having met Mr. Barnes and having observed him during the hearing, the Hearing Officer finds that he is intelligent, well-oriented, and perceptive. Barnes qualified with a pistol; however, his instructor was not approved by the Department of State, Division of Licensing, as required by the statutes and rules. Barnes suffers from hypertension.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Petitioner's application for licensure as an armed guard be denied. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 21st day of December, 1979. 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 21st day of December, 1979. COPIES FURNISHED: W.J. Gladwin, Jr., Esq. Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Ozell Barnes 3009 Carver Street Fort Pierce, Florida 33450
The Issue The issue for consideration in these cases is whether the licenses held by Respondents should be disciplined in some manner because of the matters alleged in the Administrative Complaints filed herein by the Department of State's Division of Licensing.
Findings Of Fact At all times pertinent to the issues herein, Unlimited Crime Prevention, Inc., was licensed in Florida as a "Class B" Security Agency holding license number B98-00127. Respondent William Larue Scott, was the President/Manager of UCP and held a "Class D' security officer license number D93- 19846, a "Class G" statewide firearms license number G94- 03199, and a "Class ZB" organizational officer position license number ZB98-00179. William Shane Scott, son of William Larue Scott and an employee of UCP, held a "Class D" security officer license number D96-07113, a "Class ZB" organizational officer position license number ZB98-00180, and a "Class G" statewide firearms license number G97-01150. The Department of State, Division of Licensing, was then and is the state agency responsible for the licensing of non- certified security personnel and agencies and for the regulation of the non-governmental security industry in Florida. On June 7, 2000, Garry Floyd, an investigator with the Division since 1981, received a complaint that two security officers from UCP had been observed by security officers from another security firm working at a site while carrying unauthorized weapons. Security officers are authorized to carry certain weapons but not nine-millimeter semi-automatic pistols. Upon receipt of the complaint, Mr. Floyd sent a telefax message to UCP's President/Manager, Mr. William L. Scott, asking for an explanation. The following day, an individual who identified himself as Mr. William L. Scott, called and said he had received Mr. Floyd's message and was looking into the matter. At this point, Mr. Scott said he was one of the two security officers involved but that he and his associate were carrying revolvers, not semi-automatic weapons. Thereafter, on June 11, 2000, Mr. Scott sent Mr. Floyd a telefaxed memorandum in which he reiterated his denial of the allegations as to the weapons carried, explained that the allegations occurred because of animosity toward his firm, and requested the investigation be terminated because of a lack of evidence. On June 27, 2000, Mr. Floyd met with Robert Shank, the other security officer alleged to have been carrying the unauthorized weapon and questioned him about the allegations. Shank vehemently denied the allegations and continued to do so even after Floyd said he did not believe him. On July 3, 2000, Mr. Floyd went to Mr. Scott's home where Scott maintained UCP's home office. Though Floyd went there with the intention of speaking with Mr. Scott, he was unable to do so and spoke, instead, with Mrs. Scott, whom he asked to have Mr. Scott call him. Mr. Scott did not call as requested, however. Thereafter, on July 17, 2000, Mr. Floyd went to UCP's new office, but because so many other people were there, so as not to embarrass Mr. Scott, he made an appointment to come back on August 2, 2000. When Mr. Floyd spoke with Mr. Scott on August 2, 2000, he gave Mr. Scott a list of questions he had written down. Scott said he was not ready to admit anything and would not answer any questions, orally or in writing. As of the hearing, Mr. Scott had not answered any of the questions posed by Mr. Floyd. The questions are simple. They ask, primarily, about the ownership of the company and the positions held therein by both Scott and his son, as well as whether he has ever allowed any employee to carry semi-automatic weapons. Mr. Floyd also met with Eric Hege, an employee of UCP, and provided him with a list of eight questions, two of which concerned the type of firearms carried by Mr. Scott. However, Mr. Hege refused to answer the questionnaire. This stymied Mr. Floyd's investigation, and he could proceed no further with it. However, sometime during the first week of July, 2000, Mr. Floyd received a complaint from a local police department that UCP was using an unlawful scheme of colored lights on its vehicles. When he went to various places where ICP's vehicles were located, he saw that they did have unlawfully colored lights which could give the impression they were official police vehicles. One vehicle had a green light on the seat, and another had a blue light. Blue lights are not allowed on civilian vehicles. Only amber-colored emergency lights are allowed on civilian vehicles. Mr. Shank previously held a license to carry a semi- automatic weapon, but not during the period he was employed performing security duties for Respondent. He surrendered that license after he, too, was charged with carrying an unauthorized weapon. Though he was not licensed to do so, while he was on duty with UCP, he carried a semi-automatic weapon or, in the alternative, a revolver. He started carrying the revolver so that he would not violate the law. Mr. Shank is certain that William L. Scott knew he was carrying an unauthorized weapon because Scott purchased revolvers for himself and the others in July 2000, so they would not be in violation of the law. When Shank had pointed out that the semi-automatic weapons were against state law, William L. Scott replied, "Fuck the State. The statutes don't mean anything." On June 2, 2000, Mr. Shank, with William L. Scott's son and several other employees of UCP, was working as a security officer at The Harbor Club in Pinellas County. At that time he was carrying a semi-automatic weapon, as was Mr. Scott's son. He was of the opinion at the time that William L. Scott's approach was to violate the law regarding weapons and deny it if caught. In late July or early August 2000, William L. Scott held a meeting of his employees at which time he instructed them, among other things, that if Mr. Floyd were to contact them about the incident at The Harbor Club, they were not to give him any information. He also provided each security officer with a letter which instructed them, in the event they were contacted by any personnel from the Division of Licensing, to immediately notify their supervisor and to advise the state personnel that they could not be distracted from their duties. Employees were not to speak with a state employee until a supervisor had relieved him, nor were they ever to hand over their firearms to an inspector unless properly relieved. Investigators were to be referred to the company's attorney, and if the investigator refused to leave, the police were to be called. Mr. Shank has also performed services for UCP using a vehicle with green and red flashing lights on the roof. So have both Scotts and Mr. Hege. Mr. Shank was subsequently charged with driving a vehicle with improper lights as well as carrying a semi-automatic weapon. William L. Scott and Mr. Shank had a falling out over money in early September 2000. Shank then called Mr. Floyd to tell him what he knew of the allegations because he felt it was the right thing to do. When Boin Upton, at the time an employee of Excelsior Defense, also a security firm, came to work at The Harbor Club on June 2, 2000, he found representatives of UCP already were there. He thought this was unusual because he understood that his company had the contract to provide security for the club. He called his supervisor who came to the club and resolved the issue. A the time, however, he noticed that both Mr. Shank and William L. Scott, the two representatives of UCP, were carrying nine-millimeter semi- automatic weapons. When Mr. Upton asked about this, he was told by Mr. Shank that he had a "CC" waiver. A "CC" license is one which is issued to an apprentice private investigator and does not authorize the carrying of a semi-automatic weapon. Joshua Wilson also was a security guard who worked for UCP from July 7 through the end of August 2000, and whose duty stations were at the Lutz Apartment complex and at The Harbor Club. His job was to observe and report and to keep the peace, and he was not armed. However, he observed William S. Scott, William L. Scott's son carrying a nine- millimeter semi-automatic weapon at The Harbor Club during this period. Mr. Wilson recalls a staff meeting held by Mr. Scott during this period at which Mr. Scott discussed the investigation being conducted by the Division. At this meeting, he gave each employee a copy of the memorandum which advised employees not to talk with anyone from the Division but to refer them to a UCP supervisor. Scott indicated his opinion that Mr. Floyd had declared war on UCP and him, and he would not help him. Another former employee of UCP, Mr. Phelps, also recalls being told directly by Mr. Scott that if an investigator from the Division contacted him with questions about the company, he was not to answer them. In mid-June 2000, Officer Jim Routzahn of the Indian Shore Police Department conducted a routine traffic stop of William L. Scott. Mr. Scott got out of his vehicle wearing a uniform and badge and carrying a semi-automatic weapon. Scott's badge was in the form of a shield and not a star. Mr. Scott advised Officer Routzhan that he was the owner of a security company and was on official duty dropping off and picking up security officers. At the time, because Officer Routzahn received a high-priority call to go elsewhere, he gave Mr. Scott a warning and let him go. According to Mr. Floyd, a search of the records of the Division of Licensing fails to show any prior complaints against either UCP or either Mr. Scott. However, the records reflect William L. Scott was previously denied a license based on a conviction in Indiana. Mr. Floyd has known William L. Scott from when he, Mr. Floyd, was an investigator for another agency. During that former investigation, he found Mr. Scott to be very personable, helpful, and cooperative. Mr. Floyd, a retired Captain of Police from Tampa, considers this case to be serious because it involves the impersonation of a policeman. Based on his experience, "wanna-be's" constitute one of the biggest problems facing law enforcement, and even if the only issue here were related to the inappropriate use of colored lights on UCP's vehicles, he would still have filed an Administrative Complaint in this case.
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 revoking the Class "B" Security Agency License number B98-00127, the Class "D" Security Officer License number D93-19846, the Class "G" Statewide Firearms License number G94-03199, and the Class "ZB" Organization Officer Position, number ZB98-00179, all licenses held by William Larue Scott as President/Manager of Unlimited Crime Prevention, Inc., be revoked. It is further recommended that the Class "G" Statewide Firearms License number G97-01150, held by William Shane Scott be placed on probation for a period of one year under such terms and conditions as the Department may specify. DONE AND ENTERED this 24th day of May, 2001, 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 2001. COPIES FURNISHED: Steve Bensko, Esquire Department of State The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Louis Kwall, Esquire Kwall, Showers & Coleman, P.A. 133 North Fort Harrison Avenue Clearwater, Florida 33755 Honorable Katherine Harris Secretary of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250 Deborah K. Kearney, General Counsel Department of State The Capitol, Lower Level 10 Tallahassee, Florida 32399-0250
