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 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 A-1 Security and Detective Agency’s Class B security agency license, and Mr. Rozzi’s Class MB security agency manager license should be disciplined because of the matters set out in the Administrative Complaint filed herein.
Findings Of Fact At all times pertinent to the issues herein, between May 5 and August 4, 1997, the Petitioner, Department of State, Division of Licensing (Division) was the state agency responsible for the licensing of security agencies and security agency managers in Florida. Respondent, A-1 Security and Detective Agency, Incorporated (A-1) held a Class “B” security agency license number B89-0115; and Respondent, Stephen V. Rozzi, held a Class “MB” security agency manager’s license number MB89-00186. Respondent Rozzi was President and operating manager of A-1. At some point during the period in issue, Gary Q. Floyd, an investigator with the Division, received a call from the owner of another security agency who reported a potential problem. At the time, Mr. Floyd was nearby and responded immediately to the apartment complex which belonged to a client of the individual who had called in. His review of the security logs revealed abnormal entries. Returning to the Division office, Floyd checked on the license status of the guard in question who had made the questionable entries and found that this guard was not licensed. The guard, Carmen Santiago, had applied for a class “D” license as a security guard, but because of a prior disciplinary problem out-of-state, the Division had indicated its intent to deny the license. Santiago was employed by Respondent, A-1. Coincidentally, the following morning, Respondent Rozzi came to the Division office on another matter and Floyd showed him the questioned logs. Respondent agreed that the entry was unusual, but said he had terminated Santiago from employment with A-1 as a guard on July 30, 1997, before the date of the questioned entry. Floyd asked Rozzi which guard had worked on the site on Wednesday, July 30, 1997, and on Thursday, July 31, 1997, after Santiago had been terminated. Respondent indicated the replacement guard was a Mr. Michelin. The log entries in question, which got the interest of Floyd, indicated that Santiago, who was not properly licensed as a Class “D” security guard, had served as such at the Whisper Woods Apartments. By pre-hearing stipulation dated June 10, 1998, Rozzi agreed that he had employed Santiago at Whisper Woods Apartments during the period July 30 to July 31, 1997, and that Santiago did not have the proper license at the time. Rozzi indicated at hearing that he received notice from the Division to the effect that Santiago’s application for licensure as a security guard was being denied, but claims he did not receive the notice until he picked up his mail at about 9:00 p.m., on July 31, 1997. As soon as he got that word, Rozzi claims, he called Santiago at home but was unable to reach him. Nonetheless, he left word on Santiago’s answering machine for him not to report for work that evening. In his report to the Division made previously, he indicated he had fired Santiago on July 30, 1997. At hearing Rozzi claimed he back-dated the firing to the date he received the information on the denial, which would have been July 30, not July 31, 1997. However, Rozzi had already indicated he had notified Mr. Michelin, who was scheduled to work on July 30 and 31 at Fletcher Woods Apartments, to go instead to Whisper Wood Apartments to relieve Santiago. Mr. Carter, another employee, was to take Michelin’s place at Fletcher Wood Apartments. When asked to asked to explain the inconsistencies, he could not do so. Carter, when interviewed by Floyd on August 5, 1997, as a part of the investigation, stated he did not work at Fletcher Woods Apartments that night nor has he ever worked there. Carter also indicated that when he was contacted by Rozzi shortly before August 5, 1997, Rozzi told Carter, to say, if he were asked, that he had worked at Fletcher Woods on the night of July 31, 1997. When Floyd advised Rozzi of Carter’s story, Rozzi still declined to change his version. Santiago is disqualified from licensure as a security guard in Florida because of his conviction of a felony in another state. Nonetheless, he applied for a security guard license in Florida in April or May 1997. At the time he applied, he received a temporary Class “D” license which allowed him to work pending action on the permanent license application, and he started work at A-1 as a security guard at different locations wherever he was posted. From time to time, including on July 30 and 31, 1997, he worked at Whisper Woods Apartments. On July 30, 1997, Santiago went to work at 4:00 p.m., intending to stay until relieved at the end of his shift, at 1:00 a.m., on July 31, 1997. At the time he went to work, he did not know that his application for licensure had been denied, nor did he know of the denial when he went to work on July 31, 1997. He claims he did not go home after work on either July 31 or early on August 1, 1997. Santiago claims he first learned of the denial when he got home later in the day on Friday, August 1, 1997, to find Floyd at his door. During the conversation he had with Floyd which followed, Floyd advised him that his license had been denied. This was the first he had heard of the denial, he claims. Santiago indicates that as soon as Floyd told him that, he left Floyd in his apartment and immediately went to his mailbox where he found the denial letter from the Division. There is some evidence to indicate that Santiago told Floyd in another interview prior to the hearing, that he had received the letter informing him of the denial on either July 30 or July 31, 1997. At hearing he claims that he was referring to a letter from the Division soliciting more information. This contention is rejected, however, since it is considered unlikely the Division would seek additional information and reject the application almost concurrently with the request. After Floyd left Santiago on August 1, 1997, Santiago immediately called Rozzi to tell him he could no longer work. Santiago claims Rozzi was upset with him when he called, claiming that he, Rozzi had tried to call Santiago a few days earlier to tell him not to go to work, but Santiago had not received the message or called him back. However, Santiago was at work at Whisper Woods Apartments from 4:00 p.m., on July 30, 1997, until 1:00 a.m., on July 31, 1997, and again that evening, and no one came to the job site either evening to talk with him about his status. This was, he claims, even after he told Rozzi that he, Rozzi, was going to get a letter indicating Santiago’s license was denied. Santiago claims that at no time after that notice did Rozzi terminate him or advise him he would be terminated when the letter came in. Rozzi contended at hearing that the first time he heard anything about the problem with Santiago working was on August 1, 1997, when he was in the Division office on a probation matter. It was at that time that Floyd showed him the logs from Whisper Woods Apartments and asked him about what appeared to be differences in the handwriting on them. Floyd also asked him at that time if he knew Santiago’s license was going to be denied. Rozzi said then that he had first learned of the problem on July 31, 1997. That same day, Rozzi claims, he made arrangements for someone else to cover that post so that Santiago would not be on duty, and Rozzi insists he did not know that this had not happened until the next day. Analysis of and comparison of the varied stories told by Rozzi regarding when he found out that Santiago’s license was being denied results in the conclusion that Rozzi found out on July 30, 1997. Had he not known, he would have had no reason to contact Michelin and tell him to switch duty assignments or to call Santiago and leave the message not to go to work any more. However, Michelin did not testify at the hearing, and the evidence of what he told Floyd regarding this is hearsay evidence. Even if Rozzi received the notice on July 30, 1997, as it appears, by his own admission he did not receive it until mid- evening, at a time when Santiago would have already been at work on the 4:00 p.m. to 1:00 a.m. shift. There is no way he could have reached Santiago that evening. Knowing this, Rozzi still did not make any effort to contact Santiago by going to the work site and relieving him by taking a relief guard with him. Consequently, it is found that regardless of which day Rozzi found out about Santiago’s disqualification, he did nothing to ensure that Santiago did not serve as a security guard without a license. Merely calling Santiago and leaving a message on the answering machine is not enough. At the least, he should have gone to the site to insure Santiago was not on duty. At this initial interview, Floyd also showed Rozzi a copy of one of A-1’s invoice forms which reflected at the bottom that the firm was available to perform certain tasks which were limited to a licensed detective agency and not permitted to a security agency. Rozzi indicated that he had copied the information from an advertisement of another agency, but assured Floyd that A-1 was not doing the unauthorized work. No evidence was introduced to indicate it was, and it is so found. Rozzi agreed to remove the inappropriate language from any form or communication used by the firm immediately. He did so. On December 31, 1996, the Director of the Division of Licensing entered a Final Order in Case No. C96-00855 relating to the two Respondents herein, adopting and incorporating the terms of a Stipulation and Settlement entered into between the division and the Respondents in that case. None of the documentation submitted in connection with that case indicates what offenses were alleged to have been committed by either Respondent. The terms of the Stipulation and Settlement called for the Respondents’ licenses to be placed on probation for a period of two years, and for Respondents to pay an administrative fine of four thousand dollars.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of State, Division of Licensing, enter a Final Order finding Respondents guilty of employing an unlicensed employee to perform services which require the possession of a license; of advertising the business of a private investigative agency without possessing the proper license; of failing to respond truthfully to questions asked by an authorized investigator during an official investigation; and of violating the terms of probation by committing violations of Chapter 493, Florida Statutes. It is further recommended that Respondents’ class “B” and Class “ MB” licenses as a security agency and security agency manager respectively, be revoked. DONE AND ENTERED this 25th day of August, 1998, in Tallahassee, Leon County, Florida. ARNOLD H. POLLOCK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6947 Filed with the Clerk of the Division of Administrative Hearings this 25th day of August, 1998. COPIES FURNISHED: Douglas D. Sunshine, Esquire Department of State Division of Licensing The Capitol Mail Station 4 Tallahassee, Florida 32399-0250 Rayford H. Taylor, Esquire Stiles, Taylor, Grace & Smith, P.A. Post office Box 1140 Tallahassee, Florida 32302 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol Plaza Level 02 Tallahassee, Florida 32399-0250
The Issue The issue in the case is whether the allegations of the Administrative Complaint are correct, and if so, what penalty should be imposed.
Findings Of Fact At all times material to this case, the Respondent held a Class "MB" Security Agency Manager License, numbered MB95- 00125, and a Class "D" Security Officer License, numbered D07- 09924. At all times material to this case, the Respondent was the manager of a licensed Class "B" Security Agency, identified as "Florida Protection Officer." In December 1996, a potential employee of the Respondent’s agency sought to obtain from the Department a Temporary Class "G" Statewide Firearms License to permit him to carry a firearm during the course of his employment. On or about December 13, 1996, the Respondent filed an "Agency Character Certification" on behalf of the employee’s application for a Temporary Class "G" Statewide Firearms License. The Agency Character Certification requires the employer to certify that the "employee has been determined to be mentally and emotionally stable" and requires the employer to identify the method used to determine the employee’s mental condition. In response to the inquiry, the Respondent indicated that the employee’s mental condition was determined through a "[v]alidated written psychological test or evaluation by a psychologist or psychiatrist." The Respondent indicated that the evaluation had been completed by McKinley’s Florida Security Academy, Inc. Review of the evaluation indicates that the evaluator did not determine that the employee was mentally and emotionally stable. To the contrary, the report indicated that the employee distorted his answers to questions and should be retested. The evaluation also noted that the employee acknowledged having previously committed four crimes and admitted that he had illegally carried a concealed firearm seven times in the preceding 24-month period. The Department relies on Security Agency Managers to provide accurate information on the Agency Character Certification forms. The Department apparently has no other method of validating the mental and emotional condition of licensed individuals. Falsification of an "Agency Character Certification" poses a danger to the public safety and welfare by permitting a person with a potentially unstable mental and emotional condition to be employed as an armed security guard. Prior to submitting the Certification, the Respondent contacted an investigator for the Department to ascertain whether the Department would receive a copy of the evaluation. After being informed that the Department did not normally receive a copy of the evaluation, the Respondent submitted his Certification. The Respondent was aware of the statements contained within the evaluation at the time he submitted the false "Agency Character Certification." The Respondent was aware that his certification was false.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of State, Division of Licensing, enter a final order revoking the Class "MB" Security Agency Manager License, numbered MB95-00125, and the Class "D" Security Officer License, numbered D07-09924, held by Anthony Thomas Appel. DONE AND ENTERED this 5th day of May, 2000, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of May, 2000. COPIES FURNISHED: Steve Bensko, Esquire Department of State The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 R. Michael Robinson, Esquire 701 49th Street North St. Petersburg, Florida 33701 Honorable Katherine Harris Secretary of State The Capitol, Plaza Lever 02 Tallahassee, Florida 32399-0250 Deborah K. Kearney, General Counsel Department of State The Capitol, Lower Level 10 Tallahassee, Florida 32399-0250
The Issue Whether Respondent committed the unlawful employment practice alleged in the Charge of Discrimination filed with the Florida Commission on Human Relations (FCHR) and, if so, what relief should Petitioner be granted.
Findings Of Fact Based on the evidence adduced at hearing, and the record as a whole, the following findings of fact are made: Respondent (ACG) is a provider of contract security guard services. Its clients include FedEx and other shipping companies. A critical responsibility of the ACG Security Guards stationed at these shipping companies' sites is "verifying all seal numbers & trailer numbers, against [the] manifest" in order "to make sure the correct shipment goes out with the correct trailer." When a trailer leaves the site with the wrong shipment (which ACG refers to as a "mispull"), ACG is obligated to compensate the client for monetary damages the client suffers as a result of the "mispull." Site Supervisors are responsible for the performance of the Security Guards working at their site. It is ACG policy, where there are repeated incidents of Security Guard nonfeasance at a site, to take disciplinary action against the Site Supervisor. Site Supervisors, in addition to having supervisory obligations, also must perform security guard functions at their assigned sites. Petitioner is a black Haitian. He was employed by ACG as a Site Supervisor from August 13, 2006, until December 2009. He supervised two sites during his employment with ACG: the FedEx Freight site in Medley, Florida (until September 3, 2008), and the FedEx National site in Orlando, Florida (thereafter). Petitioner worked under the supervision of three successive Operations Managers: Sheila Doyle (who was fired in October 2008), then Clarence Dorm, and finally Alex Potempa. Mr. Potempa, who was Petitioner's supervisor at the time Petitioner left ACG's employ, has supervisory authority over Site Supervisors and Security Guards in ten east coast states, including Florida. In addition to the FedEx Freight site in Medley and the FedEx National site in Orlando, there are two other sites in the central and southeast part of the state at which ACG is providing contract security guard services (under Mr. Potempa's supervision) to shipping company clients: the SouthEast Freight site in West Palm Beach, and the FedEx National site in Delray Beach. As of April 5, 2010, working at these four sites was a total of 15 ACG employees, of which all but one were black. Six of the black employees were of Haitian national origin, and one of these six employees was a Site Supervisor (of the SouthEast Freight site). Over approximately a three-month period from October 2009, to December 2009, there were four separate incidents where a Security Guard under Petitioner's supervision at the FedEx National site was, in the opinion of Mr. Potempa, guilty of dereliction of duty. These incidents were: a "mispull" in late October; another "mispull" in late December; a Security Guard not being at his post, in late December, when a FedEx representative sought to access the site; and a Security Guard being involved, in late December, in an "at fault" accident while riding on an ACG golf cart on the site. In accordance with the ACG policy described in Finding of Fact 3, Petitioner was removed from his Site Supervisor position because of these incidents. This disciplinary action was recommended by Mr. Potempa and approved by ACG's Regional Vice President, Jeff Darley. Petitioner was offered the opportunity to remain with ACG in a non-supervisory, Security Guard position, but he declined the offer.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations issue a final order finding American Citadel Guard not guilty of the unlawful employment practice alleged by Petitioner and dismissing Petitioner's Charge of Discrimination. DONE AND ENTERED this 13th day of December, 2010, in Tallahassee, Leon County, Florida. S 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 13th day of December, 2010.
The Issue The issue for determination is whether Respondent committed violations of provisions of Chapter 493, Florida Statutes, sufficient to justify the imposition of disciplinary action against Respondent's Class "D" Security Officer License and Respondent's Class "G" Statewide Firearm License.
Findings Of Fact Respondent is Ronald W. Cone. Respondent holds Class "D" Security Officer License No. D89-03534 which expired on February 21, 1993. Subsequently, Respondent applied for renewal of the Class "D" Security Officer License in August, 1993. The renewal was granted by Petitioner. As stipulated by the parties at the final hearing, Respondent has, at all times pertinent to these proceedings, held a Class "G" Statewide Firearm License. From February 21, 1993, to April 12, 1993, Respondent performed his duties as an armed security officer at the Independent Life Insurance Building in Jacksonville, Florida. The building was open to the public at the time. On April 9, 1993, at approximately 2:30 p.m., Respondent arrived for work at his guard station in the center of the 80 foot vaulted ceiling lobby to the building. The acoustics of the lobby are such that a dime can be heard hitting the floor all the way across the area on a quiet day when there are few people in the facility, as was the case on April 9, 1993, at about 4:00 p.m. when Respondent decided to delve into his brown bag lunch. Leaving his subordinate, an unarmed security guard named William C. Piersky, on duty at the guard station, Respondent went to a restaurant area located in the lobby of the building approximately 125 feet from the guard station to eat his late lunch. The restaurant, operated by Morrison's Cafeteria, Inc., was closed at the time. The area was separated from the rest of the lobby by small partitions that stood three to four feet tall. Piersky was unable to see Respondent. A short time later, Piersky heard a loud report which he presumed was the discharge of a firearm. Although Piersky concluded the discharge he heard came from a firearm, his testimony is not credited on this point in view of his admitted unfamiliarity with bullets containing "birdshot", his admitted lack of involvement with firearms in previous security employment, and his present employment in the position previously held by Respondent. Respondent's testimony at final hearing was candid, worthy of belief and establishes that what Piersky really heard was not a firearm discharge. Rather, the loud report resulted from Respondent's action of blowing up and popping his paper lunch bag in an area with extreme acoustical sensitivity. Respondent admits that he was having fun at Piersky's expense and that when he returned to the guard station in the center of the lobby he remarked "can't believe I missed that bird." The reference to a bird was the sparrow that had found its way into the building. The bird had eluded capture by building maintenance personnel. Respondent's candid testimony establishes that he did not discharge his service revolver at the bird and that he did not load the weapon with a form of nonstandard ammunition known as birdshot on the day in question. In furtherance of his claim that a firearm had discharged, Piersky did an incident report on the matter. Three days later Respondent was fired. Piersky, previously an unarmed contract guard, now works as an armed security guard supervisor directly for Independent Life Insurance Company, as did Respondent prior to his termination. During the period of February 14, 1993 through April 12, 1993, Respondent performed duties as a security officer and armed security officer while his Class "D" license was expired. Upon receipt of a renewal notice and during his employment with Independent Life, Respondent's practice was to give that notice to the building manager's secretary to handle administratively. This had been a normal practice for licensed security guards during Respondent's employment with Independent Life. He followed this practice in the present instance and thought at the time that his license was renewed. Following his termination of employment and discovery of his license expiration, Respondent proceeded to obtain license renewal.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered finding Respondent not guilty of allegations contained in Counts III, IV and V of the Amended Administrative Complaint, and it is FURTHER RECOMMENDED that such final order find Respondent guilty of allegations contained in Count I and Count II of the Amended Administrative Complaint and impose an administrative fine of $100 for each violation. DONE AND ENTERED this 21st day of February, 1994, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 21st day of February, 1994. APPENDIX TO CASE NO. 93-4981 The following constitutes my ruling pursuant to Section 120.59, Florida Statutes, on proposed findings of fact submitted by the parties. Petitioner's Proposed Findings 1.-5. Accepted, though not verbatim. 6.-7. Rejected, weight of the evidence. Adopted by reference. Rejected, weight of the evidence. Adopted by reference. 11.-12. Rejected, relevance. Adopted, though not verbatim. Rejected, weight of the evidence. Respondent's Proposed Findings In Respondent's posthearing submission, he basically pleads guilty to the allegations contained in Count I and Count II of the Amended Administrative Complaint and not guilty to the remaining counts. Accordingly, further comment is not required. COPIES FURNISHED: Richard R. Whidden, Jr. Attorney at Law Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Ronald W. Cone Post Office Box 447 Crawfordville, Florida 32326 Honorable Jim Smith Secretary of State The Capitol Tallahassee, FL 32399-0250 Phyllis Slater General Counsel The Capitol, PL-02 Tallahassee, FL 323999-0250
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
Findings Of Fact Based on the documentary evidence received, the demeanor of the witnesses while testifying and the entire record compiled herein, the following relevant facts are found. By letter dated October 18, 1982, Mr. General G. Foreman, Petitioner herein, was advised that his application for Class "D" and "G" unarmed/armed security guard licenses had been denied based on "fraud or willful misrepresentation in application for or in obtaining a license." Chapter 493.319(1)(a), Florida Statutes. Petitioner timely applied for a formal administrative hearing pursuant to Chapter 120.57(1), Florida Statutes, concerning the denial of his application for Class "D" and "G" unarmed/armed security guard licenses by the Division of Licensing. 1/ Documentary evidence herein reveals that the Petitioner has been arrested ten times during the period April, 1950 through May, 1982. On Petitioner's application filed during approximately July, 1982, he listed two arrests during the period March, 1955 through approximately November, 1970. Petitioner listed (on the subject application) a trespassing charge which occurred during April, 1950, the outcome of which resulted in a conviction, and during November, 1969 or 1970, a rape charge which was "thrown out, dismissed." In the processing of applications for guard licenses, the Respondent conducts background investigations through fingerprint checks with the Federal Bureau of Investigation, the Florida Department of Law Enforcement and other local law enforcement agencies. The Respondent reviewed a "rap" sheet from the Florida Department of Law Enforcement (FDLE) and based on a consideration of the ten (10) occasions which the Petitioner had been arrested, an administrative determination was made that the Petitioner failed to fully disclose arrests. For that reason, Petitioner's application for the above-referred guard licenses was denied. (Testimony of Debbie Richards, Respondent's guard license application investigator). The Petitioner listed the tow charges which "bears" on his mind and the other arrests were not listed since they had no "bearing on his mind." Petitioner contends that he made no effort to "hide" anything. Further, Petitioner related that he, to this date, is unable to recall, with any specificity, the exact number of times that he has been arrested.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent, Department of State, Division of Licensing, enter a Final Order denying Petitioner's application for statewide Class "D" and "G" security guard licenses. 2/ RECOMMENDED this 3rd day of February, 1983, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of February, 1983.
