The Issue Whether Respondent committed the violation alleged in the Administrative Complaint. If so, what disciplinary action should be taken against him.
Findings Of Fact Based upon the evidence adduced at hearing and the record as a whole, the following findings of fact are made: The Department is a state government licensing and regulatory agency. Respondent is now, and has been at all times material to the instant case, the holder of a Class "D" security guard license (license number D94-13786). He has been licensed since November 16, 1994. From April 3, 1996, through and including November 24, 1996, Respondent was employed as security guard by Delta Force Security (Delta), a business which provides security services. Ermelindo Onativia is now, and was at all times material to the instant case, the owner and manager of Delta. Among Delta's clients during the period of Respondent's employment was Motor World, an automobile dealership in Plantation, Florida. On the weekend of November 23 and 24, 1996, Respondent's assignment was to provide security services at Motor World. His shift was to begin at 7:00 p.m. on Saturday, November 23, 1996, and end at 5:00 a.m. on Sunday, November 24, 1996. Onativia met Respondent at Motor World at the beginning of Respondent's shift on November 23, 1996, and reminded Respondent to "punch the time clock" when he made his rounds at the dealership. After conversing with Respondent, Onativia left the dealership. Onativia returned to Motor World at 2:00 a.m. on November 24, 1996, to check on Respondent. Respondent, however, was not there. He had left his assigned post without obtaining Onativia's permission to do so. Onativia remained at the dealership until 5:00 a.m. At no time during the period that he was at the dealership did he see or hear from Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter a final order finding Respondent guilty of the violation of Section 493.6118(1)(f), Florida Statutes, alleged in the Administrative Complaint and disciplining him therefor by fining him in the amount of $1,000.00 and placing him on probation for a period of one year, subject to such conditions as the Department may specify. DONE AND ENTERED this 18th day of February, 1998, in Tallahassee, Leon County, Florida. STUART M. LERNER 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 18th day of February, 1998.
The Issue Whether the Respondent committed the offenses set forth in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact The Respondent, Charles E. Nelson, was certified as a law enforcement officer by the Criminal Justice Standards and Training Commission on February 23, 1990, and issued certificate number 99509. Based on what Officer Nelson told a fellow officer, he had previously worked in law enforcement for 20 years in Toledo, Ohio. On December 12, 1992, Sergeant Charles Anthony Wall of the Jacksonville Sheriff's Office and Dale Wayne Vermillion, a reserve police officer, responded to a call, reporting that a man and a woman were fighting near a convenience store. Officer John Michael McKim also responded to the call, in a separate vehicle, to serve as Sergeant Wall's backup. Tommy Goode and Teresa Pickens were found in a wooded area near the convenience store and were arrested for disorderly intoxication. Because Goode and Pickens were arguing with each other, they were placed in separate police cars. Goode was handcuffed and locked in the back of Sergeant Wall's caged police car, while Pickens was placed in Officer McKim's car. While Sergeant Wall was sitting in the driver's seat of his vehicle completing certain paperwork, including an arrest docket, Officer Nelson arrived in a third vehicle. From the back of Sergeant Wall's car, Goode was yelling offensive comments to all of the officers. After Officer Nelson, who is Black, approached the car, Goode included racial epithets, including the word "nigger," in his continuing offensive comments. Officer Nelson responded to Goode's taunting by saying words to the effect: "I'm not like the rest of these people, I don't need my job. I'll come back and get you." Officer Nelson unlocked the back door of Sergeant Wall's car, leaned in, grabbed, choked, and shook Goode. The reserve officer who could see Goode's face during the attack described it as follows: And when Officer Nelson went into the vehicle, I was standing looking in through the window, and Officer Nelson grabbed Mr. Goode around the neck with his hand and was choking him to a point that I had not seen a human's eyes extend out of their eye sockets so far, so he was choking him pretty hard and kind of shaking him back and forth. Transcript p. 24 Because of Officer Nelson's size and strength, Sergeant Wall needed the assistance of Officer McKim to pull him off Goode and out of the car. In the following excerpt of his testimony, Sergeant Wall described his response to Officer Nelson's actions: So I told him, you know, hey, "What are you doing, get off of him," something to that effect. And that didn't work, so I began to try to pull him off, me and Officer McKim. And it took great effort to get him off, and I don't know if I actually -- he let go, or the effort that it took to pull him off that got him off, I just remember that when he came out of the backseat, that he was like a wild man. I mean, I thought at one point he was going to jump on us. Transcript p. 10 Goode had red marks on his neck when Sergeant Wall transported him to jail. The Sheriff's Department initiated both criminal and administrative investigations of Officer Nelson's attack on Goode. Officer Nelson was first reassigned to a desk job and, ultimately, left the department. Officer Sandra M. Pike participated in the internal investigation of the incident by the Sheriff's Office. When she interviewed Officer Nelson, he told Officer Pike that he lost control and that he intended to shut Goode up. The force used by Officer Nelson was unnecessary. Goode was not posing a threat or trying to escape. The conduct of Officer Nelson constitutes a criminal offense and demonstrates a failure to maintain good moral character.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Criminal Justice Standards and Training Commission of the Florida Department of Law Enforcement, revoke certificate number 99509, issued on February 23, 1990, to Charles E. Nelson. DONE AND ENTERED this 23rd day of September, 1997, in Tallahassee, Leon County, Florida. ELEANOR M. HUNTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of September, 1997. COPIES FURNISHED: A. Leon Lowry, II, Director Division of Criminal Justice Standards and Training Post Office Box 1489 Tallahassee, Florida 32302-1489 Michael Ramage, General Counsel Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Amy J. Bardill, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489 Kenneth Vickers, Esquire 214 Washington Street Jacksonville, Florida 32202
Findings Of Fact Gus B. Patterson is an applicant for a guard license for which he has filed an application with the Division of Licensing, Department of State. On his application, Patterson reveals that he has been arrested several times for various offenses. Patterson also showed that he had been employed as an armed guard for Pat Lane from 1972 to 1974. During this period he had been promoted to a supervisor. He was subsequently employed by Bradley, and held that position for three years until a new licensing requirement was enacted. He thereafter applied and his application was denied. The primary areas of concern to the Division of Licensing, Department of State were the allegations that Patterson had been arrested for breaking and entering in 1968. In 1975 Patterson was arrested for striking another car and sentenced to ten days for driving while intoxicated in lieu of paying $150 fine. He was also arrested and paid a fine for receiving stollen property, specifically an inspection certificate for his automobile which his daughter had obtained when she was suppose to get the car inspected. Patterson explained that he had had a series of brushes with the law rising out of his marriage in New York State. This culminated in his pleading guilty to a reduced charge of assault and burglary in 1968. In addition to the facts presented at the hearing, the Hearing Officer had an opportunity to observe and consider Mr. Patterson's testimony. Mr. Patterson is a mature black male who has a dry sense of humor and can, at this point in his life, laugh about the problems which he had with his ex-wife and the problems which this created for him. Since 1968, Patterson has obtained custody of one of his children from that marriage who resides with Patterson in his home in Miami. Patterson explained that he entered his plea of guilty because he had been in pretrial confinement for approximately one year and had used all of his money to pay an attorney from Georgia to represent him who the judge would not permit to appear in his behalf because he was not a member of the bar of New York.
Recommendation Based on the findings of fact, conclusions of law and factors in mitigation, the Hearing Officer would recommend that the Division of Licensing, Department of State grant Gus B. Patterson a class F license as an unarmed watchman, guard or patrolman employee. DONE AND ORDERED this 21st day of July 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of July, 1978. COPIES FURNISHED: Arlyne Warshall, Esquire Legal Services of Greater Miami, Inc. Post Office Box 47000N Miami, Florida 33147 Gus B. Patterson 2500 North West 173rd Terrace Opa Locka, Florida Gerald B. Curington, Esquire Department of State The Capitol Tallahassee, Florida 32304 Marvin Sirotowitz Bureau Chief Division of Licensing The Capitol Tallahassee, Florida 32304
Findings Of Fact The Petitioner seeks licensure as both an armed and an unarmed security guard ("F" and "G" licenses). In support of his applications he submitted the required health certificate for a "Statewide Gun Permit" as well as his "Certificate of Firearms Proficiency" and the required affidavit attesting to his character and to his experience as a security guard. A "Temporary Gun License," No. 18279, was issued to the Petitioner on August 25, 1980. On October 27, 1980, the Respondent ultimately, by letter of that date, denied his application for licensure and informed him of his right to an administrative hearing pursuant to Chapter 120, Florida Statutes. The Petitioner timely elected to exercise that right and to adduce evidence supportive of his petition. The grounds for the denial were respectively that there was a substantial connection between an alleged lack of good moral character on the part of the Petitioner and the business for which he sought the license and that he fraudulently or willfully misrepresented his status in answering questions on the applications specifically the question regarding his prior arrest record. Additionally, the application was denied on the grounds that the Petitioner had in the past been found guilty of a crime which directly related to the business for which he seeks the license. The Petitioner, in answering the question regarding past arrests, admitted that he had been arrested for armed robbery in 1959. The Petitioner did not complete the answer regarding the disposition of that arrest, but candidly admitted at the hearing that he was confined in the state prison at Raiford, Florida for five years after being convicted of armed robbery and also candidly admitted a record for various other petty offenses in 1941, 1945 and 1946, none of which three incidents involved a sentence of longer than three months. On December 23, 1947, in Bartow, Polk County, Florida he was sentenced to three years in the state prison at Raiford for grand larceny. He was discharged from confinement on May 4, 1950. The uncontroverted testimony of the Petitioner at the hearing established that, although he was convicted and sentenced for grand larceny, the articles which he was convicted of stealing were: a watermelon, a cinnamon roll and a can of sardines. The Petitioner's only other conviction and confinement occurred in 1959 when he was convicted for armed robbery. The Petitioner served out this sentence and was discharged and has had no altercations with the law since that time. Give the basis upon which the application was denied, some elaboration of the circumstances surrounding that armed robbery conviction are appropriate. The Petitioner's stepson was employed by a trucking company as a driver and periodically made collections of large amounts of cash from freight customers of the truck line. Due to their dire financial circumstances at the time the Petitioner, his stepson, and the Petitioner's wife apparently entered into an arrangement whereby the stepson would alert them of the day and time on which he would be making collections of large amounts of cash so that the trio could convert the company receipts to their own use. According to the Petitioner's uncontroverted testimony, the Petitioner, armed with a lead pipe instead of a gun, as the charge had indicated, in conspiracy with his stepson and wife staged an apparent robbery to cover the actual theft of the company's funds. In any event, the trio were apprehended and in the subsequent negotiations or the trial, the Petitioner elected to assume sole responsibility for the "robbery" in order to protect the freedom and record of his wife and stepson. Consequently, the Petitioner was sentenced to five years for armed robbery and served out his sentence. The Petitioner thus established with credible, uncontroverted testimony that this armed robbery conviction actually did not stem from the forceable taking of the property of another with a firearm, but rather was a staged, "phony" robbery to cover a simple theft of the funds in question. The Hearing Officer is impressed with the obvious candor and forthrightness of the Petitioner in describing the events surrounding this and his other miscreant conduct in his distant past and with his continued remorse at its having occurred. Since his release from the state penitentiary in 1962, Mr. Walker has had no legal difficulties whatever. Per the last fifteen years or so he has been employed as a security guard for various security agencies in the Dade County area, primarily as an unarmed security guard, but serving at least one stint for an agency as an armed security guard, apparently by local authority. The Petitioner presented evidence at the hearing of a previously valid unarmed security guard license he has held, as well as the temporary gun license issued August 28, 1980. He also presented evidence in the form of identification cards and a badge establishing his employment as a security guard in the past, pursuant to Chapter 493, by a number of private security firms in the Dade County area. He has worked in a number of large department stores and warehouses wherein valuable merchandise was stored or kept and has never been involved in any incident involving theft of such goods. Escambia County recently saw fit to employ him temporarily as a security guard at Pensacola High School. He has had good working relationships with law enforcement authorities in his capacity as a security guard both in Dade and Escambia Counties and offered to bring to the hearing members of law enforcement agencies and the clergy in both counties to attest to his good conduct since his release from prison, nineteen years ago. The Petitioner freely acknowledged at the hearing that his answer to Question 13 on his applications did not disclose his entire arrest record, however, he states that he does not write well and had the secretary at the security firm where he was working at the time, in Dade County, fill out the applications for him. He maintains that he told the secretary all information about his criminal record and assumed that she had put it down, but signed the application hurriedly because he had to report for work and signed it as he was leaving the firm's office. He repeatedly demonstrated at the hearing that he had nothing to hide regarding his criminal record and was genuinely remorseful for its existence. He described in detail the various convictions and stipulated to the evidence of his criminal record which the Respondent offered. The Petitioner also demonstrated that during those times when he has worked as an armed security guard, primarily in Dade County, he has never had to use or display his gun to anyone and only wishes the use of a gun now for his own protection, since in his experience at his last job with the Ford Detective Agency in Dade County, the position became too dangerous for a security guard to occupy without having a firearm for protection. The Petitioner is now in his sixties and due to a slight heart condition is living entirely on Social Security disability income. He expressed the desire to go hack into security guard work in order to provide enough income to support himself, his wife and his young grandson whom he is helping to rear and who accompanied him to the hearing. He obviously has a keen desire to be able to support himself and his family without, as he put it, having to "live on the County" or the public treasury. He feels that security guard work is a duty he can readily fulfill despite his age since lie is of otherwise robust health, has substantial experience as a security guard, and the job is not a strenuous one. He has job offers with the St. Regis Paper Company and the Exxon Oil Company as well as the local newspaper. He is now working part-time collecting money for the local newspaper which is a dangerous job in his view in that he sometimes carries large amounts of cash in "high crime areas" of the county. He feels that he needs the right to possess a firearm for his own protection. Since his release from prison Mr. Walker has obviously undergone a profound change in his way of life away from repetitive confrontations with the law. He has become an exemplary family man, a church man and a Mason. He does not use alcohol or drugs whatever. He demonstrates significant independence and responsibility of character at his rather advanced age in wanting to obtain another job to support is family, rather than relying on relatives or the public treasury for subsistence.
Recommendation In consideration of the foregoing Findings of Fact and Conclusions of Law, the candor and demeanor of the witness and the arguments of the parties it is, therefore RECOMMENDED: That a final order be entered by the Department of State, Division of Licensing, granting the Petitioner's application for licensure, both as an armed and an unarmed security guard. RECOMMENDED this 7th day of August, 1981, in Tallahassee, Leon County, Florida. P. MICHAEL RUFF, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 7th day of August, 1981. COPIES FURNISHED: James V. Antista, Esquire Assistant General Counsel Department of State Room 1801, the Capitol Tallahassee, Florida 32301 Mr. Curley Walker Post Office Box 619 Century, Florida 32535
Findings Of Fact At all material times, respondent has held a registered Class "B" Security Agency License, No. B86-00092, a Class "DS" Security Officer School/or Training Facility License, No. DS90-00069, a Class "D" Security Officer License, No. D85-2333, a Class "DI" Security Officer Instructor License, No. DI88-00012, and a Class "MB" Manager Security Agency License, No. MB86-00105. At all pertinent times, respondent provided security services to various non-governmental clients in Bay County, Florida, and also furnished security services to its only governmental client, the Federal Correctional Institution in Tallahassee, more than 100 miles from respondent's offices. From January 21, 1991, to June 30, 1991, respondent employed J. C. Barnwell, Terrell Barnwell, Larry Burks, Michael Dicks, Robert Pompey and Darrell L. Smith, none of whom held security officer licenses. They all worked as security officers at the Federal Correctional Institution in Leon County, and did no other work for respondent.
Recommendation It is, accordingly, RECOMMENDED: That petitioner dismiss the administrative complaint. DONE and ENTERED this 1st day of July, 1992, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 1st day of July, 1992. COPIES FURNISHED: Henri C. Cawthon, Esquire The Capitol, MS #4 Tallahassee, FL 32399-0250 Charles S. Isler, III, Esquire Isler & Banks, P.A. P.O. Drawer 430 Panama City, FL 32402 Honorable Jim Smith, Secretary Department of State The Capitol Tallahassee, FL 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-2 Tallahassee, FL 32399-0250
Findings Of Fact The facts as set forth in the Stipulation above are incorporated within the Findings of Fact in this hearing. The applicant is now employed by Central Security Patrol. His supervisor in his employment as an unarmed guard has known Croft for 15 months. His supervisor's primary association and knowledge of Croft is job-related. Croft's supervisor considers Croft dependable, a good worker, and well liked by those who come in contact with him. Croft has had no problems with absenteeism from his job. Croft's further advancement within the company with which he is now employed is dependent upon acquisition of a Class G, armed guard license. Croft's reputation in the community was testified to by two of his neighbors who had known Croft for three to four years. Croft's reputation in the neighborhood is good. The neighbors, who observed Croft daily, testified to Croft's habits. Croft does not drink and lives quietly with his wife of four years. Croft works in his yard and at his job. Croft testified in his own behalf. Croft had a series of arrests and convictions arising out of his heavy drinking between 1963 and 1969. Croft was then arrested for driving under the influence and a moving traffic violation in May of 1975. In October of 1975, he was arrested for homicide, assault to commit murder, and discharge of a firearm. These charges were dropped. Croft stated that these charges were an outgrowth of his heavy drinking. Croft was married approximately four years ago and has not drunk alcoholic beverages for the past two years. Although Croft does not admit to alcoholism, he recognizes that his drinking was the cause of his problems and has ceased drinking. Concerning the gap in his arrest record between 1969 and 1975, Croft stated that he had drunk heavily during that period but had not been arrested. Croft's supervisor testified concerning the company's policy concerning issuance and control of firearms. The company which employs Croft owns and controls all employee weapons to the extent that the company purchases any private weapon owned by an employee which the employee wishes to use on the job. Only weapons originally owned by an employee may be retained in the employee's possession and removed off a security post. All other weapons owned by the company must be retained on a security post and transferred from one guard shift to the next.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the applicant, James Robert Croft, be issued a Class G, armed guard license. DONE and ORDERED this 6th day of February, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. James R. Croft 3545 Marlboro Avenue Jacksonville, Florida
The Issue The issue is whether Respondent Joseph M. Conover committed the acts alleged in the Administrative Complaint, and, if so, what discipline should be imposed.
Findings Of Fact Mr. Conover is a licensed security officer. He holds Class D, DI, G, and MB licenses from the Department. His license numbers are D9817475, DI2000134, G2003451, and MB9900202. Mr. Conover's Class G license allows him to carry a firearm, subject to the provisions of Section 493.6115, Florida Statutes. Mr. Conover has been licensed by the Department since 1998, and he has been an armed security officer since 2000 or 2001. Mr. Conover is the president and chief operating officer of Nova, which has its principle office in Brevard County. Mr. Conover resides in Brevard County. Nova's principle office is located within his home. Mr. Conover has managerial and supervisory duties in his position as president and chief operating officer of Nova. The duties include scheduling armed security guards for clients, ensuring the guards' compliance with applicable regulations, soliciting new clients, and maintaining contact with clients and the guards that are on duty. At the time of the events giving rise to the Administrative Complaints, Nova provided armed security guard services for ten apartment complexes and residential communities in Orlando. Nova did not provide security services for any location in Brevard County. On April 29, 2006, while in route to an armed security post in Orlando, Mr. Conover stopped to render aid at a motor vehicle accident in Brevard County. He rendered emergency medical care2/ to one of the individuals involved in the accident, and he also directed traffic at the scene. He was wearing his security guard uniform and carrying his firearm in plain view at the time. On May 1, 2006, while in route to an armed security post in Orlando, Mr. Conover stopped at a Starbucks in Brevard County. He got out of his car and went into the store to purchase a cup of coffee. He was wearing his uniform and carrying his firearm in plain view at the time. Mr. Conover testified that he was "on duty" at the time of each incident because he was performing managerial and supervisory duties while in route to Orlando. He testified that immediately prior to the accident on April 29, 2006, he was fielding calls on his two-way radio from the armed security guards who were on duty in Orlando, and he can be seen talking on his radio or cell phone on the videotape of the May 1, 2006, incident. However, there is no credible evidence that Mr. Conover was providing any managerial or supervisory duties to the security guards during the time that he was rendering emergency medical care and directing traffic at the accident scene. The managerial and supervisory duties that Mr. Conover was performing at the time of the incidents did not require him to be armed. First, as Mr. Conover acknowledged, there is a difference between managerial and supervisory duties and armed security guard duties. A Class G license is not required in order to perform managerial and supervisory duties for armed security guards, particularly where such duties are being performed off-site. Second, Mr. Conover was nowhere near the sites that Nova was providing armed security services at the time of the incidents. He was approximately 40 miles, and at least 25 to 30 minutes, away from the sites. Criminal charges were brought against Mr. Conover for impersonating a police officer and carrying a weapon in plain view based upon his activities at the accident scene on April 29, 2006. The charges were nol prossed by the State. The Department began its investigation of Mr. Conover in May 2006 based upon information received from the Indialantic Police Department in Brevard County concerning the incidents described above. In July 2006, Mr. Conover's attorney sent a letter to the Department requesting the Department's "official interpretation of Florida Statutes § 493.6115 regarding carrying of weapons and firearms." The letter included the following summary of a conversation between Mr. Conover's attorney and Art Varnadore, who the letter represented to be the Chief of Regulation and Enforcement for the Department: ccording to Florida Statutes Chapter 493, a security officer can only carry a firearm while on duty at an armed post. A security agency manager can only carry a firearm while on duty at an armed post. A security agency manager or security officer traveling between armed posts may keep his firearm on him in the car. However, he cannot leave the vehicle with a firearm unless at an armed post. The Department did not respond to this letter or a follow-up letter sent by Mr. Conover's attorney in August 2006. The letters were sent after the Department began its investigation into the incidents giving rise to the Administrative Complaint. There is no evidence that Mr. Conover ever sought guidance from the Department prior to the incidents. Mr. Conover has been complying with the procedures quoted above since July 2006. The Department publishes a "Security Officer Handbook," as required by Section 493.6123(2), Florida Statutes, in order to provide guidance to licensees regarding "the legal authority, rights, and obligations of his or her specific license." A copy of the handbook is supposed to be provided to each licensee. The handbook includes the following provisions pertinent to this case: e. Class "D" Security Officers who also possess a Class "G" license may carry a firearm only when the duty assignment requires armed security and only while on the post of duty. Section 493.6115(3), F.S. Example: A Class "D" Security Officer who also has a Class "G" license and is normally assigned to an armed post is assigned, temporarily, to an unarmed post. He may not carry his firearm on the temporary assignment. Example: The same security officer, while serving on his usual armed post, may not wear his firearm when he leaves his assigned post for other than duty purposes, such as for lunch, or when traveling to or from home. During such non-duty periods, the firearm must be removed and secured. * * * g. While the licensee is on duty, his firearm must be carried in a holster and in plain view. It may only be carried concealed under those conditions addressed in VIII.c. Section 493.6115(3), F.S.[3/] The handbook does not include a specific example addressing the conduct of licensees responsible for managing and supervising armed security guards. The examples in the handbook focus on licensees with assigned "posts of duties." Mr. Conover did not rely on any of the guidance in the handbook; he testified that he did not recall ever receiving a copy of the handbook. Mr. Conover has no disciplinary history with the Department. There is no credible evidence that the Department investigated or prosecuted this case for an "improper purpose," as alleged by Respondents.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department issue a final order that: Finds Mr. Conover guilty of carrying a firearm in violation of Section 493.6115(3), Florida Statutes, on April 29, 2006, and on May 1, 2006, as charged in Administrative Complaint No. CD2006-1316; and Imposes an administrative fine of $100 on Mr. Conover; Issues a formal reprimand to Mr. Conover. DONE AND ENTERED this 20th day of March, 2008, in Tallahassee, Leon County, Florida. S T. KENT WETHERELL, II 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 20th day of March, 2008.
Findings Of Fact The Petitioner, Judge L. Williams, age 58, has been a resident of Florida for approximately 40 years, except for employment related intervals. He has a high school education, received an honorable discharge from the U.S. Navy after more than three years of service, was employed in the merchant marine service for approximately 11 years, and retired from Exxon Company, U.S.A., after almost 20 years. Since the Petitioner retired in 1975, he has held various jobs in Jacksonville. Some of his employers have been Southland Corporation (7-11 Stores), Oxford Security, and Pinkertons of Florida. The Petitioner admits having an arrest record going back to the year 1949, and continuing to June of 1979, for various charges, but he has never been convicted of a felony. He has never been arrested for an offense involving the use of a firearm, or for a crime relating to property such as burglary or larceny, and he has never lost his civil rights. However, the Petitioner has had a sexual problem. In 1951 be was arrested in Los Angeles, California, for sex perversion involving a minor, and convicted on his guilty plea. He served 30 days, after which his mother convinced him to be hospitalized to treat his sexual problem. Nevertheless, in 1954 the Petitioner was arrested in Las Vegas, Nevada, on a charge of sodomy, and paid a fine. Again, in 1956, the Petitioner was arrested in Jacksonville, Florida, on a charge of molesting minors, and convicted. He served 30 days. Finally the Petitioner's record of sex related offenses concluded in Norfolk, Virginia, in 1971 when he was arrested on a charge of soliciting for immoral purposes. He posted bond which was forfeited when he failed to appear for trial. The Petitioner also has had a problem with alcohol, stemming back to 1949 when he was arrested for driving while intoxicated in San Francisco, California. Other alcohol related offenses occurred in 1956 in Las Vegas, and in Jacksonville, Florida, in 1958, 1962, 1968, and as recently as 1979 when he was arrested on a driving while intoxicated charge. The Petitioner admits to having been affected by a social problem which he describes as drinking too much. However, he asserts that this problem, as well as his former sexual problem, are not present in his life now. The Division of Licensing has issued a Class D Unarmed Security Guard License to the Petitioner, which permits him to secure employment as an unarmed guard. The Petitioner, however, contends that even with the problems be has had in the past, and in spite of his arrest record, there is nothing in his background to demonstrate violence, and he is completely rehabilitated now from both sexual and alcohol problems. Without a gun permit, he contends that employment as a security guard is difficult to find, hard to keep, and pays less than an armed guard., The only evidence presented by the Petitioner was his own self-serving testimony, and two letters relating to his character. This is insufficient and unconvincing proof of rehabilitation from his admitted problems related to sex and alcohol, in view of the recentness of the recurrence of these problems. The charge in 1971 in Norfolk is 10 years old, but some 15 years elapsed between the sex related arrest in 1956 and the 1971 occurrence. The 1979 arrest for driving while intoxicated is only 2 years old. The totality of the evidence does not support the Petitioner's uncorroborated assertion that he is now fully rehabilitated, and does not support a finding that the Petitioner is of good moral character, or that he is fit to be licensed to carry a firearm.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Judge L. Williams for a Class G security Guard License, be denied. THIS RECOMMENDED ORDER entered on this 13th day of August, 1981, in Tallahassee, Florida. WILLIAM B. THOMAS Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 13th day of August, 1981. COPIES FURNISHED: Stephen O. Parker, Esquire 607 Florida Theatre Building 129 East Forsyth Street Jacksonville, Florida 32202 James V. Antista, Esquire Room 1501 The Capitol Tallahassee, Florida 32301
The Issue The issue for consideration in this case is whether Respondents' Class B, Class D, Class G and Class MB security licenses should be disciplined because of the matters alleged in the Administrative Complaint.
Findings Of Fact At all times pertinent to the issues herein, the Department of State, Division of Licensing, was the state agency responsible for the licensing and regulation of private security guards and guard agencies in Florida. Respondent held a Class B Security Agency license, a Class D Security Officer license, a Class G Statewide Firearm license, and a Class MB Security Agency Manager license, all issued pursuant to and under the restrictions contained within the provisions of Chapter 493, Florida Statutes. Though the Class B Security Agency license was issued in the name of Alert Security Services, in reality, Respondent Maraia was the proprietor and operator of the agency under the license. Peter F. Walker was employed as the assistant manager of the 7 - 11 convenience store in Indian Shores, Florida on July 21, 1993. About 11:30 PM, that evening, he observed Respondent in the store about 8 to 20 feet away, wearing his security guard uniform shirt with khaki shorts. A patch on the shoulder of the shirt bore the logo, "Alert Security." As another customer was checking out, Mr. Walker heard a gunshot and then something hitting the floor. At this point, only Mr. Walker, his customer, and the Respondent were in the store. When Walker asked the Respondent about it, Respondent replied that a customer had come up behind him and was trying to take Respondent's weapon from the holster he had stuck in the waistband in the back of his shorts. Respondent claimed that when this happened, the clip from the weapon fell to the floor and one round in the clip went off. Later on, however, Respondent claimed the weapon had dropped and fired when it hit the floor. As Mr. Walker remembers it, however, he heard the shot before anything hit the floor. Patrolman Angela Cole had just pulled into the 7 - 11 parking lot late on the evening of July 21, 1993 when she heard a pop - as if someone had run over a bottle. She checked around the area and seeing nothing unusual, went into the store where she saw the clerk and the Respondent, whom she knew. Respondent was wearing a security badge and carrying a 9 mm weapon in plain view. When Cole spoke with Respondent and asked him why he wasn't in proper security guard uniform, because his dress that evening was not consistent with his usual security uniform, he indicated he was not feeling well. In response to her inquiry regarding the noise she had heard, and why he had the weapon in plain view, Respondent claimed he had dropped his weapon and he and the clerk were joking about it. At this point, however, Respondent seemed nervous and didn't want to discuss the matter further. Also about the same time, Patrolman Vance Nussbaum, of the Indian Shores Police Department entered the store to see Respondent, who had his 9 mm weapon in plain view and was wearing a security badge, engaged in conversation with the store clerk. The pistol was in a holster tucked into Respondent's pants in the back. Nussbaum took hold of the gun and shook it and then chastened Respondent for poor gun safety. At that point, Respondent indicated someone had just hit the magazine release on the weapon and the magazine fell to the floor. That individual was no longer in the area, however. Taken together, it is clear that on the evening in question, Respondent's 9 mm pistol, which was in his possession at the time, was somehow discharged. No report of this weapon discharge was ever filed with the Division, however. On May 23, 1993, Officer Nussbaum responded to a call to the Holiday Villas II in Indian Shores. Upon his arrival at the scene, he saw June Hawks, who he knew to be a part-time security guard employed by Respondent, on duty in the resort's parking lot after a fire alarm had been sounded. This same activity was also observed, the following day, by E. D. Williams, Chief of the Indian Shores Police Department who presumed Ms. Hawks was working for Respondent. Chief Williams drew this conclusion because he had seen Respondent doing this work at the resort the night before and assumed the same firm was still in charge. On August 2, 1993, Officer Nussbaum responded to a call to a Pick-Kwick in Madiera Beach based on a call about a drunk individual which call had come in to the Pinellas County Sheriff's Office from an individual who described himself as Chris "Myers", a reserve police officer with the Indian Shores Police Department. It is found that Chris "Myers" is, in actuality, the Respondent, Christopher Maraia, who had represented himself as a reserve police officer. This call was sent out to street units for response, thereby impacting on police operations in the area. When Nussbaum arrived at the scene, he observed Respondent, fully dressed in the uniform of a security guard, with patches, badge and weapon, in the company of a Madiera Beach Police Officer. At one time, Respondent had been a reserve officer with the Indian Shores Police Department but that status had terminated in December 1992. Keith Stillwagen had been employed by Mr. Maraia, off and on, for several years, but worked for him primarily as a security guard at the 34th Street Food Lion market in St. Petersburg between January and March, 1993. He was hired by Mr. Maraia personally, and the identification card Maraia issued to him bore Maraia's signature and license number. This employment was not reported to the Division as required. These allegations were investigated by Gary Floyd, an investigator with the Department of State, who initially interviewed Respondent regarding the alleged hiring of Ms. Hawks and Mr. Stillwagen. In a sworn statement to the investigator, Respondent indicated Alert Security Services had hired Stillwagen on weekends from January to March, 1993, and had also employed Hawks on holidays between April and June, 1993. He admitted that the firm did not notify the Department of State about the hirings and could give "no good reason" for failing to do so as required. In another sworn statement given to Investigator Floyd, Respondent indicated he had worked at Holiday Villas II on July 21, 1993 and had, while out of uniform but wearing a badge on his belt, visited a nearby 7 - 11 store. He admitted that at the time he had a 9 mm pistol with him and it had accidentally discharged when he dropped it. Respondent denied anyone had grabbed for the weapon. He did not report the discharge. On August 9, 1993, Floyd took a third statement from Respondent in which he admitted making the call about the drunk and initially indicating he was a reserve police officer with the Indian Shores Police Department. He acknowledged this was not a true statement in that he had not held that status for a year and a half at the time. The following day, August 10, 1993, Respondent reiterated his statement to Floyd that he had been at the 7 - 11 when leaving a duty station and claimed he was not in uniform at the time. While he may not have been in full uniform, other credible evidence of record indicates he was dressed in a uniform shirt which bore the patch of his security guard; was displaying a security officer's badge; and was armed. It is so found.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be issued in this case, dismissing Counts II and IV of the Administrative Complaint, but finding Respondent, Maraia, guilty of Counts III, V and VI thereof and Respondent, Alert Security Services, guilty of Count I. It is also recommended that the Class "D", "G", and "MB" security licenses held by Respondents, Christopher J. Maraia, Sr. be revoked; that the C lass "B" license held by Respondent, Alert Security Services, be suspended for one year; and that Respondents jointly and severally pay an administrative fine of $500.00. RECOMMENDED this 31st day of March, 1994, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1994. COPIES FURNISHED: Richard R. Whidden, Jr., Esquire Assistant General Counsel Department of State Division of Licensing The Capitol, Mail Stop 4 Tallahassee, Florida 32399-0250 Christopher J. Maraia, Sr. Alert Security Services 15518 Redington Drive, Redington Beach, Florida 33708 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater General Counsel Department of State The Capitol Plaza Level 02 Tallahassee, Florida 32399-0250
