The Issue This is a license discipline case in which the Petitioner seeks to take disciplinary action against the Petitioner on the basis of an alleged violation of Section 493.6118(1)(f), Florida Statutes, by sleeping while on duty.
Findings Of Fact Respondent currently holds a Class "D" Security Officer License, Number D92-08606, issued pursuant to Chapter 493, Florida Statutes, effective June 2, 1994. During September and October of 1994, Motivated Security provided security services to Shurgard Storage, located at 1650 West Oakland Boulevard, Fort Lauderdale, Florida. On September 30, 1994, the Respondent was employed as a security officer by Motivated Security. On that date the Respondent's assigned post with Motivated Security was at the Shurgard Storage premises described above. On that date, the Respondent was assigned to the 6:00 p.m. to 2:00 a.m. shift. At approximately 11:15 p.m. on September 30, 1994, while the Respondent was on duty at the post described above, the Respondent was sound asleep in a golf cart for a period of at least one-half hour.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that a Final Order be issued in this case finding that the Respondent committed the violation charged in the Administrative Complaint and imposing a penalty consisting of a six-month suspension of the Respondent's license. DONE AND ENTERED this 8th day of August 1995 in 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 8th day of August 1995. APPENDIX The following are the specific rulings on all proposed findings of fact submitted by all parties. Findings submitted by Petitioner. Paragraphs 1 through 6: Accepted. Paragraphs 7 through 11: Rejected as subordinate and unnecessary details. (All of these proposed details are essentially correct; it is simply not necessary to repeat them.) Findings submitted by Respondent. (None.) COPIES FURNISHED: Kristi Reid Bronson, Esquire Department of State Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 Gerald Brown 3551 N.W. 41st Street Lauderdale Lakes, Florida 33309 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250
The Issue Whether the respondent committed the violations alleged in the Amended Administrative Complaint, and, if so, the penalty which should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and the entire record of this proceeding, the following findings of fact are made: The Department is the state agency charged with licensing and regulating security officers pursuant to chapter 493, Florida Statutes. Frank Giordano is licensed pursuant to section 493.6105, Florida Statutes, having been issued a Class "D" Security Officer License, number D95- 12548. From August 11, 1995, through September 16, 1995, Mr. Giordano was employed as a security officer by Ace Security in Lake Worth, Florida. During the times relevant to this proceeding, Mark Anthony Padgette was employed by Ace Security as a roving field supervisor. Mr. Padgette's duties included training and checking on security officers at their various posts. At all times relevant to this proceeding, Mr. Padgette was Frank Giordano's supervisor at Ace Security. On August 11, 1995, Mr. Giordano was assigned as a security officer by Ace Security to guard the premises of Integrated Health Services, a health care facility. At approximately 8:00 p.m., Mr. Padgette trained Mr. Giordano for the site by explaining to him his duties, showing him all entrances and exits, and identifying his assigned post. Mr. Padgette told Mr. Giordano that his assigned post was outside the building and that he was to patrol the grounds, especially the parking lot areas and areas where the entrances and exits were located. Mr. Giordano was told that he was to check in every hour at the nurses station and that he could use the bathroom inside the building. He was told specifically not to linger inside the building but to return immediately to his post in the parking lot. At 5:15 a.m. on August 12, 1995, Mr. Padgette went to Integrated Health Services to check on Mr. Giordano. He found Mr. Giordano sitting in the lobby of the facility. Mr. Padgette issued a verbal and written warning. At 4:17 a.m. on August 18, 1995, Mr. Padgette checked on Mr. Giordano at Integrated Health Services. Mr. Padgette located Mr. Giordano asleep in the lobby of the facility. He issued a verbal and written warning. At 5:20 a.m. on August 19, 1995, Mr. Padgette checked on Mr. Giordano at Integrated Health Services. Mr. Padgette found Mr. Giordano reading in the family waiting room inside the facility. At this time, Mr. Padgette emphasized to Mr. Giordano that his assigned post was located outside the building. Mr. Padgette issued a verbal and written warning. At 2:40 a.m. on August 20, 1995, Mr. Padgette checked on Mr. Giordano at Integrated Health Services. Mr. Padgette found Mr. Giordano watching television in the family waiting room inside the facility. Mr. Padgette issued a written warning and explained his post orders to Mr. Giordano. On September 16, 1995, Mr. Giordano was assigned to Bethesda Health City in Boynton Beach. This post was a very large, fenced construction site, and Mr. Giordano's post orders were to be visible on the site and to insure that no equipment or materials were stolen from the site. At 12:50 a.m., Mr. Padgette checked on Mr. Giordano at the Bethesda Health City post. Mr. Padgette found the gate open, but he could not find Mr. Giordano. Mr. Giordano arrived at the site approximately 10 minutes after Mr. Padgette and explained that he had driven to a gas station to go to the bathroom. The gas station was located approximately 3 and 1/2 miles from the construction site; portable toilets were available on the site. Mr. Padgette immediately relieved Mr. Giordano of duty, and Mr. Giordano's employment with Ace Security was terminated on September 16, 1995. The evidence is clear and convincing that, despite numerous warnings and reprimands, Mr. Giordano repeatedly left his assigned post while on duty and that, on at least one occasion, he fell asleep while on duty. Mr. Giordano's actions jeopardized the security of the premises he was assigned to guard and constitute negligence in carrying out his responsibilities as a security officer.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of State enter a final order finding Frank Giordano guilty of negligence in the practice of regulated activities as charged in Counts I through V of the Amended Administrative Complaint and revoking Mr. Giordano's Class "D" Security Officer license. DONE AND ENTERED this 30th day of May 1996 in Tallahassee, Leon County, Florida. PATRICIA HART MALONO, 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 30th day of May 1996.
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
The Issue Should Petitioner impose discipline on Respondent in association with his auxiliary law enforcement certificate, correctional certificate, and law enforcement certificate?
Findings Of Fact In consideration of the election of rights form, in which Respondent did not dispute the allegations within paragraph 1 to the Administrative Complaint, it is found that Respondent was certified by the Criminal Justice Standards and Training Commission on September 18, 1980, and was issued Auxiliary Law Enforcement Certificate No. 75688, and on April 12, 1983, Correctional Certificate No. 75687, and on December 29, 1983, was issued Law Enforcement Certificate No. 75686. As an off-duty officer for the Jacksonville Sheriff's Office (JSO), Respondent was employed by Kings Ridge Apartment Complex (the apartment complex). In that capacity Respondent over-billed the apartment complex in the amount of $1,134.00 for work he did not perform. In this connection, Respondent submitted paperwork claiming payment from the apartment complex that he was not entitled to receive. Respondent had maintained activity logs indicating that he was engaged in his duties at the apartment complex during times that he was not located on that property. An internal investigation was performed by the integrity unit of the JSO concerning Respondent's conduct. As part of the investigation Respondent was interviewed. After being advised of his constitutional rights, Respondent acknowledged his false claims for payment for work that was not done at the apartment complex. On March 19, 2001, Respondent retired from his position with the JSO. In response to action taken by the State Attorney for the Fourth Judicial Circuit, State of Florida, Respondent participated in a Pre-trial Intervention Program through a Deferred Prosecution Agreement which was approved by the State Attorney and Court, and signed by Respondent and his counsel. Pertinent to that agreement, Respondent was required to make restitution for the $1,134.00 received as compensation not earned. According to the investigative report by the JSO, that money was repaid to the apartment complex. In addition, in accordance with the Deferred Prosecution Agreement, Respondent by executing that agreement on May 8, 2001, had agreed to resign from the JSO and to not seek further employment by the JSO for five years. The period of deferred prosecution was one year, read to mean one year from May 23, 2001, when the presiding judge signed the agreement. The record does not reveal that Respondent failed in any manner to meet the requirements of the Pre-trial Intervention Program through the Deferred Prosecution Agreement.
Recommendation Upon consideration of the facts found and Conclusions of Law reached, it is RECOMMENDED: That a Final Order be entered which revokes the auxiliary law enforcement certificate, correctional officer certificate and law enforcement officer certificate of Respondent. DONE AND ENTERED this 11th day of December, 2003, in Tallahassee, Leon County, Florida. S CHARLES C. ADAMS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 11th day of December, 2003. COPIES FURNISHED: Linton B. Eason, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Wesley Rolack 12439 Teal Run Court Jacksonville, Florida 32258 Rod Caswell, Program Director Criminal Justice Standards and Training Commission Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 Michael Ramage, General Counsel Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302
The Issue Whether Respondent committed the offenses alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact On June 11, 1991, Respondent filed an employment application with Florida Patrol and Security Guard Service, Inc., d/b/a Sunstate Security Patrol. Respondent submitted to Maria Vilma Gonzalez, the secretary for Sunstate Security Patrol, photocopies of two documents. Respondent represented that one photocopy was of his Class D Security Officer License and that the other was a photocopy of his Class G Statewide Firearms Permit. The photocopy of the Class D license depicted a valid license with an expiration date of April 1, 1992. The photocopy of the Class G license depicted a valid license with an expiration date of March 4, 1992. Respondent began working for Sunstate Security Patrol as an armed guard on June 11, 1991, and continued that work for approximately six weeks. He left that employ to take employment with Ventura Security Services. Respondent submitted the same documents to Ventura Security Services to show his licensure that he had submitted to Sunstate Security Patrol. Respondent did not hold a valid Class D license or a Class G license on June 11, 1991, when he applied for employment with Sunstate Security Patrol, at any other time while he was employed by Sunstate Security Patrol, or when he applied for employment with Ventura Security Services. Respondent had been issued a Class D license that expired March 4, 1988. Respondent had been issued a Class G license that expired April 1, 1988. The document that Respondent gave to Sunstate Security Patrol and to Ventura Security Services with his employment application purporting to depict a photocopy of a valid Class D license had been altered to reflect an erroneous expiration date. There was no competent evidence submitted at the formal hearing as to who altered the document, but it is clear that Respondent misrepresented his licensure status by submitting this altered document. The document that Respondent gave to Sunstate Security Patrol and to Ventura Security Services with his employment application purporting to depict a photocopy of a valid Class G license had been altered to reflect an erroneous expiration date. There was no competent evidence submitted at the formal hearing as to who altered the document, but it is clear that Respondent misrepresented his licensure status by submitting this altered document. 1/ At the time of the formal hearing, Respondent held a "D" license and a "G" license. The "D" license has an issuance date of October 1, 1991, and an expiration date of July 31, 1993. The "G" license has an issuance date of October 1, 1991, and an expiration date of October 1, 1993.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered which adopts the findings of fact contained herein and which revokes all licenses issued by Petitioner to Respondent. DONE AND ORDERED this 18th day of August, 1992, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 18th day of August, 1992.
The Issue Whether Petitioner's application for licensure as a Class "D" Security Officer should be denied on the grounds set forth in the Department of State, Division of Licensing's (Department's) March 26, 1992, letter to Petitioner?
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: Petitioner is 56 years of age. He has had numerous brushes with the law, many of them alcohol-related, dating back to 1956, but he has never been convicted of a felony. In June of 1956, Petitioner attempted to purchase a beer in Sacramento, California. He was 19 years old at the time and, although in the military, under the legal drinking age. Petitioner was arrested and charged with a misdemeanor violation of California's alcoholic beverage control law. He received a ten-day suspended sentence. In November of 1956, when Petitioner was stationed on a military base in Amarillo, Texas, he and friend, without authorization, went into a room on the base where weapons were stored. They took possession of a .38 calibre firearm and started "playing with it." Petitioner was arrested and charged with the misdemeanor offenses of unlawful entry and wrongful appropriation. He received a bad conduct discharge, which was suspended. After attending a rehabilitation training program, he returned to active military service. In May of 1962, Petitioner was arrested for operating a motor vehicle under the influence of alcohol, a misdemeanor. He was subsequently convicted of the offense. His license was suspended for ten days and he was ordered to pay $25 in court costs. In the early part of 1964, Petitioner, along with several others, charged $700 worth of merchandise in a department store in Indianapolis, Indiana using credit card slips they had forged. Petitioner was arrested and charged with the felony offense of uttering a forged instrument. Adjudication of guilt on this charge was withheld and Petitioner was placed on three years probation. In October of 1968, while in Anderson Indiana, Petitioner was arrested and charged with theft by deception for having written checks in amounts that exceeded the balance of his checking account. The checks were actually written by Petitioner's estranged wife without his knowledge. The charge against Petitioner was dropped after restitution was made. In January of 1969, Petitioner was again arrested in Anderson, Indiana and charged with theft by deception for having written bad checks. These checks were written by Petitioner, but he did not realize at the time he wrote them that, because of his wife's check writing, he had insufficient funds in his account. Adjudication of guilt on this charge was withheld and Petitioner was placed on probation for a year. In February of 1970, Petitioner stayed in a Naples, Florida hotel for approximately three or four days. When he checked out, he did not have enough money to pay his bill. Petitioner was arrested and charged with the misdemeanor offense of defrauding an innkeeper. Less than a week later, Petitioner made restitution and the charge against him was dropped. The following month, while in Miami Beach, Florida, Petitioner was again unable to pay a hotel bill and, as a result, arrested and charged with defrauding an innkeeper. This charge was also dropped after Petitioner made restitution. In May of 1970, Petitioner was arrested and charged with breaking and entering a Naples, Florida restaurant with intent to commit grand larceny. The charge was unfounded and it was subsequently dropped. In January of 1971, Petitioner was driving a motor vehicle in Fort Myers, Florida that had an expired inspection sticker affixed to it. He was stopped by the police and a firearm belonging to a passenger was discovered in the vehicle. Petitioner was arrested and charged with unlawful possession of a firearm and driving a vehicle with an expired inspection sticker. The former charge was dropped. With respect to the latter charge, Petitioner was fined $30 or $35. In October of 1971, Petitioner was arrested in Naples, Florida and charged with writing a worthless check. The check was in the amount of $20 or $25. At the time he wrote the check, Petitioner was unaware that he did not have enough money in his account to cover the check. Petitioner subsequently made restitution and the charge was dropped. In February of 1976, in Lauderhill, Florida, Petitioner was arrested and again charged with writing a worthless check. The amount of this check was less than $50. Petitioner pled guilty to this misdemeanor offense and was fined $10. In addition to paying the fine, Petitioner made restitution. That same month, Petitioner was arrested in Sunrise, Florida and charged with battery on his wife. The charge was unfounded and it was subsequently dropped. In July of 1976, in Fort Lauderdale, Florida, Petitioner was arrested and charged with aggravated assault, assault and battery and petty larceny. All of these charges were unfounded; however, as a matter of convenience and pursuant to a plea agreement, Petitioner pled no contest to the assault and battery charge. Adjudication of guilt on this charge was withheld. Petitioner received a 90-day suspended sentence and a $352 fine, which was also suspended. The remaining charges against Petitioner were dropped. In December of 1977, Petitioner was again arrested in Fort Lauderdale, Florida. On this occasion, he was charged with two counts of writing worthless checks under $50. Petitioner subsequently made restitution and the charges were dropped. In February of 1980, in Jasper, Florida, Petitioner was arrested and charged with driving while intoxicated, speeding, driving without a valid drivers license and refusing to sign a summons. The latter charge was dropped. Petitioner pled guilty to the remaining charges and was adjudicated guilty on these charges by the trial court. For speeding and driving without a valid drivers license, he was fined. For driving while intoxicated, he was also fined and, in addition, his drivers license was suspended and he was ordered to attend DWI school. In May of 1985, in West Palm Beach, Florida, Petitioner was arrested on a Dade County, Florida warrant that had been issued in 1980, when he had been charged with two felony counts of writing worthless checks. The checks had actually been written by Petitioner's daughter. After his arrest, Petitioner made restitution and the charges against him were dropped. In November of 1985, Petitioner was arrested in West Palm Beach, Florida and charged with driving while intoxicated. He pled guilty to this misdemeanor charge. The trial court adjudicated Petitioner guilty and suspended his license for six months and ordered him to attend DWI school. Petitioner has not been in trouble with the law since. He is now a law-abiding citizen, who is better able to control is intake of alcohol. In filling out Section 5 of his application for licensure, which addressed the subject of criminal history, Petitioner did not intentionally make any misrepresentations or omit any required information. It was his understanding that he was required to disclose information relating only to felony convictions in this section of the application.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order finding that Petitioner should not be denied licensure as a Class "D" Security Officer on the grounds cited in the Department's March 26, 1992, denial letter. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 18th day of August, 1992. 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 18th day of August, 1992.
The Issue The issue presented is whether Respondent is guilty of the allegations contained in the Administrative Complaint filed against him, and, if so, what disciplinary action should be taken, if any.
Findings Of Fact On June 24, 1996, Petitioner revoked Respondent's Class "D" security officer license number D95-12548 and ordered Respondent to cease and desist from engaging in security services and to return to Petitioner Respondent's license. That Final Order certifies that a copy was mailed to Respondent that day. Respondent did not return his license to Petitioner. On November 1, 1996, Fred Speaker, the investigator supervisor in Petitioner's West Palm Beach office, went to Respondent's home to retrieve Respondent's license. Respondent asserted that he did not know where his license was. Respondent did not produce his license. On November 12 Speaker returned to Respondent's home to retrieve Respondent's license. Respondent was not there, and Respondent's wife did not produce Respondent's license. On April 17, 1997, while Speaker and investigator Jack D'Ambrosio were checking security posts and licenses, they encountered Respondent who was on duty at the gate house of a private community. They asked Respondent for his company identification and his guard license. Respondent produced both documents for their inspection. Petitioner's employees did not take Respondent's license that evening since they wished first to verify if the license were still revoked before taking Respondent's license from him. Sometime subsequent to that date, D'Ambrosio saw Respondent in Petitioner's office and again asked Respondent for his license. Respondent refused to give his license to D'Ambrosio.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding Respondent guilty of the allegations contained in the Administrative Complaint and imposing an administrative fine in the amount of $3,000 to be paid by a date certain. DONE AND ENTERED this 21st day of January, 1998, in Tallahassee, Leon County, Florida. LINDA M. RIGOT Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 21st day of January, 1998. COPIES FURNISHED: Kristi Reid Bronson, Esquire Department of State Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Frank Giordano, pro se 3655 Coelebs Avenue Boynton Beach, Florida 33436 Don Bell, General Counsel Department of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250 Honorable Sandra B. Mortham Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250
The Issue The issues are whether Tunstall has ever been convicted of a felony, whether Tunstall has ever been convicted of a crime involving moral turpitude, and whether Tunstall falsified his application.
Findings Of Fact Leonard P. Tunstall made application for licensure as an unarmed and armed security guard to the Department of State. His application was received by the Department in February of 1981. The application indicates it was signed by Tunstall on October 29, 1980. Question #13 on the application was answered "no," as indicated by a check mark. When he originally received the application, Tunstall filled it out up to Question #13. He had not completed that question because he lacked all the data. Subsequently, Albert Simmons, his supervisor, stopped by Tunstall's residence and picked up the application, which Simmons completed with assistance from Tunstall's girlfriend. Neither Simmons nor Tunstall's girl friend had knowledge of Tunstall's record. Subsequently, Tunstall advised Simmons about his arrests, and Simmons told him that his arrests would not disqualify him. Tunstall signed the application with the understanding that his arrests would be disclosed. However, Simmons was subsequently fired, and Tunstall's application was found by Simmons' successor who submitted it with the arrests undisclosed. Tunstall's application, Respondent's Exhibit 1, indicates that answers to Questions #1 through #12 were hand-written, Question #13 was answered by placing a check mark in the "no" block, and answers to Questions #14 through #17 were type-written. Simmons was the notary who authenticated Tunstall's signature. Tunstall further testified that he began work for Florida Merchant Police in June of 1979, as a uniformed rail crossing guard. In approximately January of 1980, he was assigned to work at an unarmed security guard post. It was after this that he was given an application for licensure by the company. Tunstall's FBI records reveal the following arrests and convictions: 1939 - Disorderly conduct, NJ (Fined) 1940 - Disorderly conduct, NJ (Fined) 1947 - Burglary and attempted larceny, NJ (Felony conviction, sentenced to 1 to 2 years - served 8 months) 1958 - Assault and battery, NJ (Fined) 1958 - Disorderly conduct, NJ (Fined) 1960 - Burglary, NJ (Felony conviction, sentenced to 2 to 3 years) 1975 - Keeping a house of ill fame, FL (Dismissed) Tunstall testified that his civil rights had been restored in New Jersey, but he could not introduce any documentation to support his testimony.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, and considering the factors in mitigation, the Hearing Officer recommends that Leonard Tunstall's application for licensure as an armed guard be denied, and recommends that Tunstall's application for licensure as an unarmed guard be granted. DONE and ORDERED this 24th day of July, 1981, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN 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 24th day of July, 1981. COPIES FURNISHED: Mr. Leonard P. Tunstall Suite 996 12555 Biscayne Boulevard North Miami, Florida 33181 George Firestone, Secretary Department of State The Capitol Tallahassee, Florida 32301 James V. Antista, Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301
The Issue An Administrative Complaint dated February 8, 1999, alleges that Respondent committed violations of Section 493.6118, Florida Statutes, when he performed armed security officer services without a proper license and when he failed to cooperate with an official investigation and gave false information regarding his identity and address. The issues in this proceeding are whether the alleged violations occurred and, if so, what penalty is appropriate.
Findings Of Fact Respondent, Vance H. Britto, was licensed by the Florida Department of State as a security officer some time prior to 1993. His license expired and he was deemed ineligible for re- licensure because of an unpaid disciplinary fine. On August 27, 1998, at approximately 11:30 p.m., Richard Yates, an investigator with the Florida Department of State, conducted a pro-active investigation at Windhover Apartments in Orlando, Orange County, Florida. Investigator Yates was accompanied by his colleague, Ed Sundberg. The investigators approached an individual wearing a security officer's uniform and badge and carrying a 38-caliber revolver. They identified themselves and asked the individual for his name and security officer's license. The individual gave his name as David Wilson but said that his license was at his employer's office being laminated. Although he was in a white Ford sedan with security markings, the individual denied having his driver's license or social security card with him. He gave his address as 2203 Page Street in Orlando. He gave his supervisor's name as Ricky Heath and his employer as Security Enforcement Services, Inc. After a brief exchange with the investigators, the individual sped away in his vehicle. Investigator Yates made a note of the license plate and made further notes on an inspection checklist. When he returned to his office and described the individual and the encounter to his supervisor, and with the aid of a file photograph, Investigator Yates was able to identify the individual as Vance Britto, a former licensee. In 1998 and to the present time, Mr. Britto has not been licensed with either a "Class G" or "Class D" license. No one knew Mr. Britto at the Page Street address he gave the investigators and when they checked his address in the computer file they learned that he had not lived there in over two years.
Recommendation Based on the foregoing, it is RECOMMENDED: that the agency enter its formal order finding Respondent guilty of violating Sections 493.6118(1)(g) and (o), Florida Statutes, and assessing an administrative fine of $1,000. DONE AND ENTERED this 8th day of November, 1999, in Tallahassee, Leon County, Florida. MARY CLARK 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 8th day of November, 1999. COPIES FURNISHED: Douglas D. Sunshine, Esquire Department of State Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Vance H. Britto 6525 Pompeii Drive Orlando, Florida 32822 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
