Elawyers Elawyers
Ohio| Change
Find Similar Cases by Filters
You can browse Case Laws by Courts, or by your need.
Find 49 similar cases
DEPARTMENT OF STATE, DIVISION OF LICENSING vs ERIQUE ALCINDOR, 99-005359 (1999)
Division of Administrative Hearings, Florida Filed:Miami, Florida Dec. 23, 1999 Number: 99-005359 Latest Update: May 02, 2000

The Issue Whether Respondent violated Subsection 493.6118(1)(f), Florida Statutes, and if so, what penalty should be imposed.

Findings Of Fact Respondent, Erique Alcindor (Alcindor), currently holds a Class "D" Security Officer License Number D93-01789 issued pursuant to Chapter 493, Florida Statutes. The license is effective from March 31, 1999, to February 10, 2001. Alcindor worked as a security officer for Bryant Security Corporation (Bryant) from March 6, 1997, until July 30, 1999. On February 14, 1998, Alcindor was assigned to a security post at Flexible Foam, a client of Bryant. Eugene Warner, a supervisor for Bryant, found Alcindor sleeping in a chair while on duty at Flexible Foam on February 14, 1998. Mr. Warner took a photograph of Alcindor while he was sleeping. On September 4, 1998, Alcindor was again assigned to security post at Flexible Foam. Mr. Warner again found Alcindor sleeping in a chair while he was on duty on September 4, 1998. Mr. Warner took a photograph of Alcindor while he was sleeping. On July 11, 1999, Alcindor was assigned to a security post at a client of Bryant, L.S.G. While at that post, Alcindor was responsible for safeguarding food that would be placed on commercial planes. Mr. Warner found Alcindor alseep in a chair while on duty at L.S.G. on July 11, 1999. Mr. Warner took a photograph of Alcindor while he was sleeping. On July 20, 1999, Alcindor was again assigned to a security post at L.S.G. and again was found sleeping in a chair while on post by Mr. Warner.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Erique Alcindor violated Subsection 493.6118(1)(f), Florida Statutes, and revoking his Class "D" Security Officer License No. D93-01789. DONE AND ENTERED this 5th day of April, 2000, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND 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 5th day of April, 2000. COPIES FURNISHED: Honorable Katherine Harris Secretary of State Department 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 Douglas D. Sunshine, Esquire Department of State Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Erique Alcindor 10428 Northwest Fifth Avenue Miami, Florida 33150

Florida Laws (3) 120.57493.6118493.6121
# 1
HARRY L. HOFFMAN vs DEPARTMENT OF STATE, DIVISION OF LICENSING, 94-003219 (1994)
Division of Administrative Hearings, Florida Filed:Miami, Florida Jun. 08, 1994 Number: 94-003219 Latest Update: Jul. 27, 1995

The Issue The issue in this case is whether the Petitioner's application for a Class "D" Security Officer License should be granted or denied.

Findings Of Fact On or about January 4, 1994, the Petitioner filed an application for a Class "D" Security Officer License pursuant to Chapter 493, Florida Statutes. On April 20, 1994, the Respondent sent a letter to the Petitioner advising him of its intention to deny his application. The sole stated ground for denial was described as "[f]ailure to qualify under Section 493.6118(1)(j). You committed an act of violence or used force on another person which was not for the lawful protection of yourself or another." The denial letter also made specific reference to the date of February 21, 1993, and specifically referred to criminal charges allegedly brought against the Petitioner on that date for battery and aggravated battery. With regard to the Respondent's basis for denial, the proof demonstrates that during the early afternoon of February 21, 1993, the Petitioner became involved in an argument with Jessica Favata, an adult female with whom he was acquainted. The intensity of the argument escalated and at one point the Petitioner physically pushed Ms. Favata. At that point a male friend of Ms. Favata, one Bradley Watson, injected himself into the argument. As the intensity of the argument between the Petitioner and Mr. Watson continued to increase, the Petitioner retrieved an aluminum baseball bat from his motor vehicle and began swinging the bat in the general direction of Mr. Watson. During the course of one of the swings of the bat, the Petitioner struck Ms. Favata on the hand with the bat. As a result of being struck by the bat, Ms. Favata's hand was visibly injured. During the course of the events described in the preceding paragraph neither Ms. Favata nor Mr. Watson were armed with any type of weapon. Similarly, neither Ms. Favata nor Mr. Watson were causing or attempting to cause physical harm to the Petitioner.

Recommendation On the basis of all of the foregoing, it is RECOMMENDED that a Final Order be issued in this case denying the Petitioner's application for a Class "D" Security Officer License. DONE AND ENTERED this 31st day of October, 1994, at Tallahassee, Leon County, Florida. MICHAEL M. PARRISH 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 October, 1994.

Florida Laws (2) 120.57493.6118
# 3
DEPARTMENT OF STATE, DIVISION OF LICENSING vs EDUARDO R. HERNANDEZ, 93-007058 (1993)
Division of Administrative Hearings, Florida Filed:Miami, Florida Dec. 13, 1993 Number: 93-007058 Latest Update: Jul. 27, 1995

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, an employee of Vanguard Security and the holder of a Class "D" security guard license and a Class "G" statewide firearms license. Vanguard Security (hereinafter referred to as "Vanguard") is an agency which provides armed and unarmed security services to its clients. Vanguard has a written policy prohibiting the display and use of firearms by its security officers except where such conduct is reasonably necessary to prevent imminent bodily harm. Vanguard also has a written policy forbidding its security officers from leaving their assigned posts while they are on duty. These written policies are set forth in an employee handbook that all employees of the agency are given. On the evening of October 25, 1993, Respondent was assigned to provide armed security services in a warehouse area in Dade County, Florida. At approximately 10:00 p.m. that evening Andrea Ramsey was walking her friend's unleashed dog, a Doberman pinscher named "Chewy," in the vicinity of the warehouse area Respondent was responsible for guarding (hereinafter referred to as Respondent's "post" or "posted area"). Chewy's owner, Eileen Escardo, was working late in her photography studio which was located across the street from Respondent's post. Respondent saw Ramsey from afar. His suspicions aroused, he walked toward her to investigate. Respondent left his posted area and started to cross the street that separated the posted area from the warehouse in which Escardo's photography studio was located. When he was approximately 20 feet from Ramsey, he asked her if Chewy, who was by a tree to her left, was her dog. Ramsey responded in the affirmative. Chewy then, in a leisurely manner, headed toward Ramsey and Respondent. Although Chewy was moving in Respondent's direction, he did so in a manner that did not reasonably suggest that he was going to attack Respondent. Nonetheless, Respondent panicked. Contrary to his employer's written policies regarding the display and discharge of firearms, he drew his revolver and, when Chewy was approximately three or four feet away from him, fired the weapon, but without any intention of shooting the dog or Ramsey. The bullet hit and shattered the glass door of the business next to Escardo's photography studio. Fortunately, no one was hurt or injured. Ramsey screamed when Respondent fired his revolver. Escardo heard her friend's scream, as well as the shot that preceded it. She rushed out of her studio to see what had happened. Escardo saw Ramsey standing in the middle of the street, with Respondent nearby holding a revolver. After instructing Ramsey to call the police, Escardo walked toward Respondent. Pointing his revolver at Escardo, Respondent warned her to stay away from him. Despite the warning, Escardo, who was unarmed, continued to approach Respondent until she was close enough to push him and the revolver aside. She then turned around and walked toward her studio to wait for the police.

Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Department enter a final order (1) finding the evidence sufficient to establish that Respondent committed the violations of Section 493.6118(1)(f), Florida Statutes, in alleged Counts I and II of the Amended Administrative Complaint, and (2) disciplining him for having committed these violations by revoking his Class "G" statewide firearms license. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 19th day of July, 1994. _ STUART M. LERNER 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 19th day of July, 1994.

Florida Laws (1) 493.6118
# 4
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING vs JERRY M. BONETT, 04-003039PL (2004)
Division of Administrative Hearings, Florida Filed:Largo, Florida Aug. 27, 2004 Number: 04-003039PL Latest Update: Sep. 06, 2005

The Issue The issues in the case are whether the allegations of the Administrative Complaint are correct, and, if so, what penalty should be imposed.

Findings Of Fact Petitioner is the state agency charged with regulation of pari-mutuel wagering pursuant to Chapter 550, Florida Statutes (2003), and is responsible for licensing employees of pari-mutuel facilities. Respondent is a card dealer holding Florida occupational license number 6927724-1012 for employment as a card dealer at the Tampa Bay Downs racetrack. By application filed at the racetrack on December 3, 2003, Respondent applied for the referenced license. Persons unknown apparently conducted the application process for all employees of the facility. Employees completed the applications and submitted them at the racetrack, again to persons unknown. The application includes a section titled "Background Information." Question 1 asks in relevant part the following question: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contender (no contest) to, even if you received a withhold of adjudication? Question 1 further provides as follows: YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT. Respondent answered the question in the affirmative. The question provides that if the applicant responds in the affirmative to the question, "form 0050-1" should be completed to disclose additional information about the convictions. Form 0050-1 includes space to list three criminal convictions. The application instructions related to the form state: "[i]f you have more than seven offenses to document on form 0050-1, attach additional copies . . . as necessary." Respondent completed a form 0050-1. On the form, he stated that he had been convicted of a misdemeanor in 1987. The Respondent identified the offenses as "trespassing," "suspended license," and "cashed check." Respondent stated that the penalty had been probation, which was violated, and that he was required to finish the sentence. Respondent initially identified the location of the conviction as Pasco County, but crossed through the writing and changed it to Hillsborough County. Above Respondent's signature on the application is a statement that in material part provides as follows: I hereby certify that every statement contained herein is true and correct and that I understand that any misstatement or omission in this application may result in denial or revocation of my pari-mutuel license. Other than the information on the application, there was no evidence offered at the hearing that Petitioner was convicted of a misdemeanor in 1987 in Hillsborough County. Petitioner asserts that at the time he filed the application, he completed a second form 0050-1 on which he disclosed additional information related to felony convictions. At the hearing, he testified that an unidentified person allegedly involved in the application process instructed him to make the felony disclosures on a second form. Although there is no evidence contradicting Respondent's account of the events, the application submitted through the racetrack to Petitioner did not include a second form 0050-1. In 1983, Respondent was adjudicated guilty of felony charges, including Forgery and Uttering a Forged Check in Pasco County, Florida (Circuit Court, Sixth Judicial Circuit, Case No. 8101927CFAWS). In 1990, Respondent was adjudicated guilty of a felony charge of Grand Theft, Third Degree in Hillsborough County, Florida (Circuit Court, Thirteenth Judicial Circuit, Case No. 90-279). In 1991, Respondent was adjudicated guilty of a felony charge of Grand Theft in Pasco County, Florida (Circuit Court, Sixth Judicial Circuit, Case No. 8701762CFAWS). A few days after the application was completed, Respondent met with an employee of Petitioner (identified as "Nick") to discuss the felony convictions. "Nick" did not testify at the hearing. As filed with Petitioner, Respondent's application failed to include a second form 0050-1 and did not disclose the felony convictions identified herein. There is no evidence that Respondent has had any involvement in criminal activity since 1991.

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 suspending Respondent's occupational license for a period of three months. DONE AND ENTERED this 17th day of December, 2004, in Tallahassee, Leon County, Florida. S 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 17th day of December, 2004. COPIES FURNISHED: Ralf E. Michels, Esquire Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Stefan Thomas Hoffer Division of Pari-Mutuel Wagering Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-2202 Jerry M. Bonett 7801 Willowbrook Court Hudson, Florida 34667 Leon Biegalski, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-2202 David J. Roberts, Director Division of Pari-Mutuel Wagering Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399-0792

Florida Laws (4) 120.57550.105559.79190.803
# 5
ANGEL E. FIGUEROA vs DEPARTMENT OF STATE, DIVISION OF LICENSING, 94-004066 (1994)
Division of Administrative Hearings, Florida Filed:Lakeland, Florida Jul. 19, 1994 Number: 94-004066 Latest Update: Mar. 07, 1995

The Issue Whether on or about November 28, 1993, Petitioner committed an act of violence or used force on another person which was not for the lawful protection of himself or another and was sufficient grounds for denial of Petitioner's application for a Class "D" Security Officer and Class "G" Statewide Firearm Licenses, pursuant to Sections 493.6118(1)(j) and (2), Florida Statutes.

Findings Of Fact By application dated February 10, 1994, Petitioner applied to Respondent for a Class "D" Security Officer license and a Class "G" Statewide Firearm license. The applications prepared by Petitioner were complete, and included the required photos and copy of a certificate evidencing successful completion of security officer training as required by statute. On November 28, 1993, the Petitioner met his estranged spouse in the Lakeland police station lobby to exchange custody of their baby daughter. This transfer of custody was videotaped, allegedly by the Petitioner's mother-in-law. As the transfer was ending, the Petitioner became agitated at the person holding the camera. Petitioner picked up the baby car seat and moved towards the camera. The Petitioner swung the baby car seat, while the baby was in it, in the direction of the camera. No competent evidence was produced which proved that the car seat, while being swung by Petitioner, struck another person or an object held by another person.

Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered approving Petitioner's application for a Class "D" Security Officers license and a Class "G" Statewide Firearm license as provided for in Section 493.6118, Florida Statutes (1993). DONE AND ENTERED this 11th day of January, 1995, in Tallahassee, Florida. DANIEL M. KILBRIDE 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 11th day of January, 1995. APPENDIX Petitioner is eligible for licensure under either stand Petitioner did not submit proposed findings of fact. Respondent proposed finding of fact: Accepted in substance: paragraph 1, 2, 3, 4, 5, 6 (in part). Rejected as not supported by the greater weight of competent (non-hearsay) evidence: paragraphs 6 (in part), 7. COPIES FURNISHED: Angel E. Figueroa 5331 David Street Lakeland, Florida 33813 Richard R. Whidden, Jr., Esquire Department of State Division of Licensing The Capitol, MS-4 Tallahassee, Florida 32399-0250 Honorable Jim Smith Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, Esquire General Counsel The Capitol Tallahassee, Florida 32399-0250

Florida Laws (3) 120.57120.68493.6118
# 6
GRADY GRIFFIS, JR. vs. DEPARTMENT OF STATE, DIVISION OF LICENSING, 87-003005 (1987)
Division of Administrative Hearings, Florida Number: 87-003005 Latest Update: Dec. 30, 1987

Findings Of Fact Petitioner is 37 years old. In 1985 and 1986, he was employed as a security guard in Cocoa, Florida. On October 17, 1968, he was arrested in Brevard County, Florida, and charged with a felony -- breaking in and entering with an intent to commit the misdemeanor of petit larceny. Petitioner and a friend had broken into a laundromat with the intent to break into a soda machine. Petitioner pled guilty to the felony. He was adjudicated guilty and sentenced to five years imprisonment. Shortly thereafter, the sentence was set aside, and Petitioner was placed on probation. Petitioner was arrested for separate violation of the terms of his probation on November 6, 1969; August 18, 1970; January 3, 1977; and January 17, 1977. He was also arrested on May 29, 1974, in Melbourne, Florida, and charged with disorderly conduct -- prowling. Shortly after the May, 1974, arrest, Petitioner was referred to Brevard County, Division of Mental Health, for treatment. He was committed to the state mental health facility at Chattahoochee, Florida for further treatment at that time. Respondent's civil rights have never been restored after the felony conviction in 1968. On July 17, 1986, Petitioner executed his Application for Unarmed Guard License, the denial of this application resulted in the present hearing. In response to Question No. 13, which requires that the applicant list all arrests, Petitioner listed only "Breakin & Enting" (sic) in December, 1966 (sic).

Recommendation Based on the foregoing, it is hereby RECOMMENDED that Respondent enter a Final Order denying Petitioner's application for a Class "D" license as an unarmed guard under Chapter 493, Florida Statutes. ENTERED this 30th day of December, 1987, in Tallahassee, Florida. ROBERT E. MEALE 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 30th day of December, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-3005S TREATMENT ACCORDED RESPONDENT'S PROPOSED FINDINGS OF FACT Findings 1, 4, 5, 6, 7, 8 and 9 are accepted. Findings 2 and 3 are rejected in part as not supported by the evidence adduced at the hearing. COPIES FURNISHED: Ken Rouse, Esquire General Counsel Department of State 1801 The Capitol Tallahassee, Florida 32399 R. Timothy Jansen, Esquire Department of State Division of Licensing The Capitol, M.S. 4 Tallahassee, Florida 32399 Grady Griffis, Jr. 255 West Lucas Road Apartment No. E-322 Merritt Island, Florida 32952

Florida Laws (1) 120.57
# 7
RICK STEPHEN SEAVER vs DEPARTMENT OF STATE, DIVISION OF LICENSING, 91-000947 (1991)
Division of Administrative Hearings, Florida Filed:Bradenton, Florida Feb. 12, 1991 Number: 91-000947 Latest Update: Apr. 23, 1991

Findings Of Fact At all times pertinent to the allegations contained herein, the Department of State, Division of Licensing, was the state agency responsible for the licensing of security guards in Florida. On September 19, 1990, Petitioner, Rick Stephen Seaver, submitted an application for an unarmed security guard license and statewide gun permit to the Division. In Part V of the application, dealing with criminal history, Petitioner indicated he had not ever been convicted of a crime, and further stated he had not been convicted of any felonies. In reality, however, Respondent had been convicted of possession of marijuana in Johnson City, Tennessee, on February 19, 1981, and on October 23, 1986, was convicted of one charge of simple assault and one charge of carrying a firearm. This latter series of offenses also took place in Johnson City. When this information was made available to the Department, by a letter dated January 24, 1991, an Amended Letter of Denial, the Division denied the Petitioner's application for an unarmed security guard license, alleging that he had been guilty of fraud or willful misrepresentation in applying for or obtaining a license, in violation of Section 493.6118(1)(a), Florida Statutes; had been convicted of crimes which directly relate to the business for which the license was sought, in violation of Section 493.6118(1)((c), Florida Statutes; and failed to have the requisite good moral character called for under the provisions of Section 493.6118(3), Florida Statutes. At the hearing, Respondent withdrew as a basis for denial the allegation of fraud or willful misrepresentation and further stipulated that none of the offenses of which the Petitioner had been found guilty were felonies. It is so found. Petitioner has been married to his wife for five years. Though he did not adopt her son by a previous marriage, he has provided the sole support and guidance to the boy since the marriage, and in Mrs. Seaver's opinion, has been a good father and good husband. For the five months prior to his dismissal from employment with Jewell Security Agency, as a result of the Division's action denying him a license, Mr. Seaver worked as an unarmed security guard in Bradenton. He worked as an outdoor guard at night, unarmed, at various establishments throughout the City of Bradenton, and during his term of employment, only one business where he was on guard, was ever robbed. That one occasion took place before he came on duty the day in question and the police were able to identify the perpetrators. According to James E. Jewell, owner of the agency and Petitioner's employer, Petitioner was an outstanding employee who was always on time, never called in sick, and performed his duties in a manner felt to be a credit to the company. Jewell found Petitioner to be completely honest and trustworthy. Before working with Jewell, Petitioner worked as a baker in Sarasota for 2 1/2 years after his move from Tennessee. He left that job only because of a dispute he had with the manager over some vacation time which previously had been approved, but which was later denied him. He quit and was not discharged. Before coming to Florida he also worked as a baker in Tennessee for about 13 to 14 years without difficulty and without any criminal record other than the offenses forming the basis for the denial here. The assault charge occurred just before he and his wife were married when he used a firecracker to blow out the window of the house of an individual, then under charges for rape, who was harassing and annoying his intended wife. The charge of carrying a weapon arose out of an unloaded gun which was found under the passenger seat of a vehicle in which he was riding as a passenger when he was stopped for the assault. The assault did not involve the use of the weapon, but as a result of his plea, he was convicted and sentenced to 11 months and 29 days in jail, all of which was suspended. Prior to the trial on those offenses, from the time of his arrest, he was free on bond. The possession of marijuana charge took place in 1981 at which time Petitioner was approximately 24 years old. At that time, he was found guilty of possession of less than an ounce of marijuana and was sentenced to pay a fine of $250.00. Mr. Seaver has not had any other infractions and according to his wife, has not been cited with so much as a traffic ticket in the five years they have been married. No evidence to the contrary was presented.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be entered in this case granting Petitioner, Rick Stephen Seaver, a Class "D" Unarmed Security Officer License. RECOMMENDED this 23rd day of April, 1991, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 23rd day of April, 1991. Copies furnished: Henri C. Cauthon, Esquire Assistant General Counsel Department of State Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 Rick Stephen Seaver 4411 21st Avenue West Bradenton, Florida 34209 Hon. Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250

Florida Laws (6) 120.57493.6101493.6105493.6106493.6118493.6121
# 8
DIVISION OF LICENSING vs. STUART PHILLIP COON, 84-000831 (1984)
Division of Administrative Hearings, Florida Number: 84-000831 Latest Update: Apr. 15, 1991

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

Florida Laws (2) 120.57120.60
# 9

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer