The Issue At issue in this proceeding is whether Respondent committed the offenses set forth in the Administrative Complaint, as amended,1 and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, Department of State, Division of Licensing (Department), is a state agency charged, inter alia, with the duty and responsibility to license and regulate private security, investigative, and repossession services pursuant to Chapter 493, Florida Statutes. Respondent, Jonas Mercier, is now, and was at all times material to this case, licensed by the Department as a Class "D" Security Officer, having been issued license number D97-00533. From January 9, 1997, until March 3, 1997, Respondent was employed as a security officer by Borg-Warner Protective Services (Borg-Warner), a business which provides security services. Among Borg-Warner's clients during the period of Respondent's employment were Hertz Rent-A-Car (Hertz) and Shaw Trucking. On February 1, 1997, Respondent's assignment was to provide security services at the Hertz maintenance facility in Broward County, Florida. At 7:30 a.m., during the course of his shift, Respondent was found sleeping on duty by the client's director of security. For this offense, Respondent received an "official reprimand" from his employer. On Sunday, March 2, 1997, Respondent's assignment was to provide security services at Shaw Trucking in Broward County, Florida. His shift was to begin at 9:00 p.m. Respondent telephoned the Borg-Warner dispatcher, and reported for duty at the appointed time. During the course of that conversation, the dispatcher apprised Respondent that the road supervisor, Moses Osgood (Osgood), would not arrive until approximately 11:00 p.m. to open the padlocks. Osgood arrived at Shaw Trucking at 10:28 p.m. on March 2, 1997, and found that Respondent had left his assigned post without notice to, or permission from, Borg-Warner. Osgood remained at the post until Respondent returned at 11:08 p.m., and resumed his post. Respondent's explanation for his absence was that, since Osgood was not scheduled to arrive until 11:00 p.m., he had gone to get something to eat. In his absence, however, the client's premises were without security. Respondent was discharged by his employer on March 3, 1997, for having left his post without notice or authorization.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding Respondent guilty of Counts I and II of the Administrative Complaint and that, as a penalty for such offenses, Respondent's Class "D" Security Officer License be revoked. DONE AND ENTERED this 23rd day of March, 1998, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK 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 23rd day of March, 1998.
Findings Of Fact Respondent, Donald C. Whalen, is president of Somerset Security & Investigation, Inc. of Manatee County, Florida. Respondent holds several licenses issued by Petitioner, including a Class "A" Private Investigative Agency license number 86-00242, effective October 24, 1988; a Class "B" Watchman, Guard or Patrol Agency license number B86-00153, effective October 24, 1988; a Class "C" Private Investigator license number 86-00233, effective August 4, 1988; a Class "E" Repossesser license number E87-00027, effective March 20, 1989; and a Class "M" Manager license number M86-00046, effective August 4, 1988. Vaughn Yeager was employed by Respondent as a security guard for three months in 1988 without first obtaining licensure. Tom French was employed by Respondent as a security guard for three months in 1988 without first obtaining licensure. Ralph Chaffin was employed by Respondent as a security guard in May 1988, and worked for 27 hours without being licensed. Mr. Chaffin's application for licensure was not submitted because he quit within a few days of being hired. Judith L. Chester was employed by Respondent as a security guard between May 5, 1988 and September 24, 1988, before becoming licensed by the Division. George Clifton was employed as a security guard by Respondent between August 31 and September 5, 1988. An application for licensure was never submitted because of Mr. Clifton's termination. Roger Lee Curtis was employed by Respondent as a security guard from March 4 through August 1, 1988, before his application for 1icensure was received by the Division. James DeCoff was employed as a security guard by Respondent between June 17, 1988 and June 21, 1988, when he was terminated for improperly using a client's phone. His application for licensure was never submitted. Michael Durbin was employed as a security guard by Respondent in May 1988. He quit after working one day and an application was not submitted. Anthony R. Edwards was employed as a security guard by Respondent in May 1988. He quit after working one day and his application was not submitted. Albert F. Ferrell was employed as a security guard by Respondent between May 6, 1988 and November 20, 1988, before his application was submitted. Drenda Giambra was employed as a security guard for Respondent from September 16, 1988 to September 26, 1988, before becoming licensed by the Division. Dean Harris was employed as a security guard by Respondent from July 19, 1988 to November 20, 1988, before he was licensed by the Division. Dietrich Hogrefe was employed as a security guard by Respondent between November 30, 1988 and January 28, 1989, before becoming licensed by the Division. Daniel Hunt, Jr., was employed as a security guard by Respondent on April 10, 1989, before he was licensed on April 18, 1989. David Laplante was employed as a security guard by Respondent on January 15, 1989. He worked six hours and quit. An application was not submitted. Victor Lesso was employed as a security guard by Respondent from June 16 through July 7, 1988, without submitting an application for licensure. He was terminated after being arrested for arson. Ray Linderman was employed as a security guard by Respondent between April 8 and April 30, 1988, without being licensed. His application was submitted late. Todd Persinger was employed as a security guard by Respondent in January 1989, and worked one weekend before quitting. An application for licensure was never submitted. Arthur Samson was employed as a security guard by Respondent on September 30, 1988. His application was submitted by Respondent on October 2, 1988. He was terminated when the application was denied. Russell W. Schmidt was employed as a security guard by Respondent from March 4, 1988 thru April 1, 1988. He quit before his application for licensure was submitted. Jennifer Slaton was employed as a security guard by Respondent in November 1988. She worked part-time for three days and quit before her application was submitted. Randall Springer was employed as a security guard by Respondent for two weeks in September 1988. His application was never submitted because he quit. Tracy Tamburin worked as a security guard for Respondent for one weekend in December 1988. Her application was never submitted because she quit. James Wooten was employed as a security guard by Respondent from October 2, 1988 through March 25, 1989, before becoming licensed. Brian Frenn was employed as a security guard by Respondent for three shifts in January 1989. An application for licensure was not submitted. Gina Spaniak was employed as a security guard by Respondent for two weeks in March 1988. An application for licensure was never submitted. Tom Hunt was employed as a security guard by Respondent for two weeks in May 1989. An application was not submitted. Earl Watson was employed as a security guard by Respondent for a short period of time in April 1989. An application was not submitted. Todd Moudy was employed as a security guard by Respondent for a short period of time in April 1989. An application was not submitted. John Mullins was employed as a security guard by Respondent for a short period of time in May 1989. An application was not submitted. Walker Mobley was employed as a security guard by Respondent for a short period of time in May 1989. An application for 1icensure was not submitted. Richard Yelvington was employed as a security guard by Respondent from January 17, 1989, to February 28, 1989, before being licensed by the Division. Terry Harrison was employed as a security guard by Respondent from January 10, 1989 to February 10, 1989, before submitting an application for licensure. Cynthia K. Burdell was employed as a security guard by Respondent from July 18, 1988 through November 20, 1988, before being licensed by the Division. Flynn C. Gregory was employed as a security guard by Respondent from January 30, 1989 through April 4, 1989, before being licensed by the Division. David Morico was employed as a security guard by Respondent from March 30, 1989 to May 15, 1989, before being licensed by the Division. Daniel F. Hunt, Sr., was employed as a security guard by Respondent from March 18, 1989 to May 15, 1989, before submitting an application for licensure. Robert F. Hunt was employed as a security guard by Respondent for two weeks in March 1989, before submitting an application for licensure. John Moffat was employed as a security guard by Respondent from May 18, 1989 to June 1, 1989, with an expired Class "D" license. Jeff Clarkson was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Jay Abram was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Shedrick Bates was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Joseph Likes was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Dawn Dodson was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Woodrow Roberts was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. Robert Anderson was employed as a security guard by Respondent for a period of less than two weeks between April 1, 1988 and July 15, 1989, without proper licensure. In July 1989, twenty of Respondent's employees performed security guard services without identification cards. In July 1989, Respondent issued to six employees security guard badges which depicted a facsimile reproduction or pictorial portion of the Great Seal of the State of Florida without authorization. On or about June 30, 1988, Respondent repossessed a 38 ft. Wellcraft St. Tropez boat for Barnett Bank of Manatee County, Florida. The bank authorized Respondent to store the boat near Joe Ungarelli's house at 2409 69th Avenue West, Bradenton, Florida. Mr. Ungarelli expressed an interest in purchasing the boat from the Bank, and on July 2 or 3, 1988, Respondent, Ungarelli and two Barnett Bank employees, Doug Kramer and Tom French took the boat on a five to six hour trip so that Ungarelli could inspect the boat. The next day Respondent attended a Fourth of July party at Ungarelli's house. The boat was moved from Trailer Estates Marina to Ungarelli's dock and parked there. Respondent was also aboard for the second moving. Respondent solicited his friend Ungarelli to accompany him on the trip to repossess the St. Tropez boat from Englewood, Florida, a distance of over 40 miles south of Bradenton. Lee Bissette drove Respondent, Ungarelli and French to Englewood. Additionally, French worked part-time for Respondent as a security guard. After the boat was repossessed and brought from Englewood to Bradenton, Ungarelli again indicated to Respondent and Tom French that he was interested in purchasing the boat. Ungarelli requested that Barnett Bank allow him to take the boat out so that he could show his wife the boat and hopefully get her approval to purchase it. Barnett Bank thereafter contacted Respondent and authorized him to show the boat to Ungarelli and his wife. For doing so, Respondent was paid for his services. On Sunday, July 3, 1989, Respondent, acting on behalf of Barnett Bank, took the Ungarellis, Tom French and Doug Kramer out on the boat for approximately five hours. Karen Erikson, a friend and former employee of Respondent was picked up at a local seafood establishment earlier in the day. Immediately upon boarding the boat, Karen Erikson retired to the berth for at least three hours during the boat trip as she had consumed approximately ten beers and was somewhat intoxicated. On July 4, Joe Ungarelli had a Fourth of July party at his house. Respondent and other employees of Somerset Security were invited to Ungarelli's party. Ungarelli's house is located on a canal where the 38 ft. St. Tropez was docked along with four other boats, including a 40 ft. Scarub and a 32 ft. Sports Fisherman. Ungarelli dug the 25 ft. canal behind his home and it is, on the most favorable day, at best "tricky" to maneuver a large boat such as the repossessed 38 ft. St. Tropez into the canal. Respondent did not move the repossessed boat from Ungarelli's home on July 4th, nor did any other party, as Respondent, Ungarelli and several of his employees were busy barbecuing a pig for the party which was held that day. On each occasion that Respondent moved the repossessed boat, it was with the owner's (Barnett Bank of Bradenton) permission and was not used for any personal benefit of Respondent. Ungarelli submitted a bid to purchase the repossessed St. Tropez, however, he was out-bid by another party.
Recommendation Based on the foregoing Findings of Fact, Conclusions of Law and Stipulation of the parties, it is RECOMMENDED: Petitioner enter a Final Order imposing an administrative fine against Respondent in the amount of $4,000.00 and place his Class "A", "B", "C" and "M" licenses on probation for a term of six (6) months. 1/ DONE and ENTERED this 3rd day of July, 1990, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 3rd day of July, 1990.
The Issue At issue is whether the respondent violated section 493.6118(1)(n), Florida Statutes, as alleged in the 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: During the period of time specified in the Administrative Complaint, May 19, 1994, through October 10, 1994, 24-Hour Security held a Class "B" Security Agency License, number B91-00117. From May 19, 1994, through October 10, 1994, Richard R. Cullen was president of 24-Hour Security and held, among other licenses, a Class "M" Manager License, number M86-00152. 24-Hour Security, whose only office is located at 1515 South Federal Highway, Boca Raton, Florida, is in the business of providing security guards to businesses and condominiums. It employs licensed security guards and trains and supervises them to ensure that they adequately perform their duties and carry out the instructions of 24-Hour Security's clients. From May 19, 1994, through October 10, 1994, Michelle T. Reilly was employed by 24-Hour Security and worked as assistant to Mr. Cullen. She began working for 24-Hour Security in September 1992 and has always been highly regarded as an employee by Mr. Cullen. He has trained her in all aspects of the private security service business in order for her to get the experience necessary to qualify for a chapter 493 manager's license. Prior to February 16, 1995, she had never held any type of license authorized by chapter 493 of the Florida Statutes. Mr. Cullen was aware that she was not licensed. Since the agency's inception, Mr. Cullen has designated himself manager of 24-Hour Security and has considered himself ultimately responsible for the operation of the agency. During the period of time at issue in this proceeding, Ms. Reilly's business cards identified her as "Branch Manager," and she was identified as such by licensed employees of 24-Hour Security. On one occasion during the Department's investigation, Ms. Reilly expressly identified herself to an investigator of the Department as manager of 24-Hour Security. During the period of time at issue in this proceeding, in addition to performing secretarial and bookkeeping duties, Ms. Reilly assisted Mr. Cullen in (1) hiring and training licensed security guards; (2) preparing daily work schedules for the guards; (3) preparing post orders outlining the duties a guard is to carry out at a particular post, including the client's special instructions or requirements; (4) supervising the operation of the agency's dispatch center; (5) addressing clients' problems; (6) consulting with clients regarding proper security precautions; (7) conducting post inspections to ensure that the guards are at their posts, properly uniformed and carrying out their responsibilities; and (8) writing security proposals for clients and in developing new accounts. In assisting Mr. Cullen with these duties, Ms. Reilly at times was allowed by Mr. Cullen to direct and control the activities of licensed security officers and to operate the agency. When Mr. Cullen was advised by the Department that Ms. Reilly could not function as or be designated as "manager" of 24-Hour Security, he immediately removed her business cards from the office. Ms. Reilly applied for a Class "MB" manager's license on November 9, 1994. Her application was denied by the Department by letter dated January 17, 1995, because she had "not demonstrated the lawfully gained experience or appropriate training" required for licensure. Ms. Reilly was issued a Class "D" Security Officer license on February 16, 1995.
Recommendation Based upon 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 24-Hour Security, Incorporated, and Richard R. Cullen guilty of the violation alleged in the Administrative Complaint and imposing a fine of $500 for this violation. DONE AND ENTERED this 25th day of April 1995, 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 25th day of April 1995. APPENDIX The following are my specific rulings on petitioner_s Proposed Findings of Fact. Paragraphs 1 through 9: Adopted in substance in Findings of Fact numbered 1 through 8. The following are my specific rulings on respondent_s Proposed Findings of Fact. Paragraph 1: Adopted in substance in Findings of Fact numbered 2 and 5. Paragraph 2: The proposed finding of fact in the first portion of the first sentence is rejected as not supported by the evidence. The proposed findings of fact set out in the second portion of the first sentence and in the second, third, fourth, and fifth sentences are rejected as merely summaries of testimony. The proposed finding of fact in the final sentence is rejected as not supported by the evidence. Paragraph 3: The proposed finding of fact in the first sentence was adopted in substance in Finding of Fact numbered 6. The remaining proposed findings of fact are rejected as argument. Paragraph 4: The proposed finding of fact in the first portion of the sentence is rejected as merely a summary of testimony; the proposed finding of fact in the second portion of the sentence is rejected as argument. Paragraph 5: Rejected as unnecessary. Paragraph 6: Rejected as unnecessary. Paragraph 7: The proposed finding of fact in the first portion of the sentence is rejected as unnecessary; the proposed finding of fact in the second portion of the sentence is rejected as not supported by the evidence. Paragraph 8: The proposed findings of fact in the first two sentences are rejected as legal argument. The proposed finding of fact in the last sentence is adopted in substance in Finding of Fact numbered 5. Paragraph 9: The proposed finding of fact in the first two sentences are rejected as unnecessary. The proposed findings of fact in the last two sentences are rejected as argument. Paragraph 10: Rejected as argument. Paragraph 11: Rejected as argument. Paragraph 12: Rejected as argument. COPIES FURNISHED: Kristi Reid Bronson Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Richard R. Cullen, President 24-Hour Security, Incorporated 1515 South Federal Highway Suite 109 Boca Raton, Florida 33432 Don Bell General Counsel Department of State The Capitol Tallahassee, Florida 32300-0250 The Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250
The Issue Whether Respondent, Christopher Hargraves, committed the offenses alleged in the Amended Administrative Complaint and, if so, what penalty should be imposed on his Class "B" Security Agency License, Class "G" Statewide Firearm Permit, and Class "MB" Manager of Security Agency License.
Findings Of Fact At all timed pertinent to this proceeding, Respondent, Christopher W. Hargraves (Respondent/Mr.Hargraves), was the holder of Class "B" Security Agency License No. B87-00007, Class "MB" Security Agency Manager License No. MB 90-000019, and Class "G" Statewide Firearms License No. G91-00245. At all times pertinent to this proceeding, Mr. Hargraves was president of Protection Unlimited Crime Prevention Associated, Inc. (Protection Unlimited), a company which provided security services in the Tampa Bay area. The address of record for Protection Unlimited is 1511 Clement Road, Lutz, Florida 33549. Mack Cummings began his employment as a security officer with Protection Unlimited in early 1996 and worked there until late 1996. At the time Mr. Cummings was employed to work as a security guard for Protection Unlimited, he was also employed by Providence Security. As a security officer for Providence Security, Mr. Cummings' assigned posts were three Checkers Restaurants located in Tampa, Florida. Mr. Cummings' shift at Checkers began at 8:00 p.m. and ended between 1:00 a.m. and 2:30 a.m. The variation in the time Mr. Cummings' shift ended was due to and coincided with the time the particular Checkers' manager completed the restaurant's closing. When Mr. Cummings was employed by Protection Unlimited, he was assigned to work at Channel 13, a television facility located in Tampa, Florida. When he was being considered for the position of security officer, Mr. Cummings told Respondent about his assignment with Providence Security and advised Respondent that he would be unable to report to Channel 13 until after midnight. Nonetheless, Mr. Cummings was scheduled to begin his shift at Channel 13 at midnight. As a result of his employment at Providence Security, Mr. Cummings usually did not report for duty at Channel 13 until after midnight. Respondent was aware that on many nights Mr. Cummings was not reporting to Channel 13 until much later than midnight. Steven Cox worked for Protection Unlimited as a security officer during most of 1995. As a security guard for Protection Unlimited, Mr. Cox' assigned posts were Channel 13 and a yacht, the Claire T. While working at Channel 13, Mr. Cox performed security duties in plain clothes. At the time Mr. Cox was employed by Protection Unlimited, no uniforms were issued to him. Mr. Hargraves issued uniforms to Mr. Cox approximately two months after Mr. Cox began working for Protection Unlimited. David Gilbert was hired as a security officer with Protection Unlimited on or about July 10, 1995. Mr. Gilbert often worked with Steven Cox while both were employed with Protection Unlimited. During this time, Mr. Cox often observed Gilbert performing security duties in civilian clothes, rather than in a uniform. Michael Munger began his employment as a security officer with Protection Unlimited in late 1994 and worked for that agency for approximately nine months. As an employee of Protection Unlimited, Mr. Munger was assigned to Channel 13. Although Mr. Munger performed security duties at Channel 13, he was never provided with a uniform and thus, performed these duties in plain clothes. Willie Lee began his employment as a security officer with Protection Unlimited in June 1995 and worked for the agency until January 1996. Mr. Lee's assigned post was Channel 13. When Mr. Lee was initially employed by Protection Unlimited, he was not issued an agency identification card. A month or two after Mr. Lee was employed by Protection Unlimited, Respondent gave him a card which Respondent referred to as an agency identification card. The only information contained on the card was "Protection Unlimited Crime Prevention, Inc.," the typewritten name "Willie Lee," and Mr. Lee's signature. Also, the "agency card" had spaces designated "photo" and "agency representative," although the card contained neither a photo of Mr. Lee nor the signature or name of the agency representative. Barbara Norman was employed as a security officer with Protection Unlimited for several weeks in 1995. Respondent never provided Ms. Norman with uniforms to wear while she was performing security duties. Moreover, Ms. Norman had only a Class "D" license and therefore was not authorized to work as an "armed guard." Consistent with this Class "D" license, Protection Unlimited did not provide Ms. Norman with a firearm while she worked at Channel 13. However, she was told to wear an empty holster. Glen Davis was employed as a security officer with Protection Unlimited in 1996. Mr. Davis was assigned to the Claire T yacht. Mr. Davis was not issued uniforms to wear while conducting security duties for Protection Unlimited. On April 8, 1996, Gary Floyd and Gene Blicth, investigator for the Department, performed a proactive inspection of the Claire T while Mr. Davis was on duty and observed that Mr. Davis was not wearing a uniform. William Scott was employed with Protection Unlimited in February 1996 and continued working for the agency until July 1996. While employed with Protection Unlimited, Mr. Scott worked as a both a security guard and as acting supervisor for the agency. During the time that Mr. Scott worked for Protection Unlimited, he usually relieved by Mack Cummings or Steve Pritchard, also employees of Protection Unlimited. One night Mr. Pritchard did not report to work and no guard was or came on duty when Mr. Scott's assigned shift ended. Several times during his employment with Protection Unlimited, Mr. Scott needed to leave Channel 13 before the end of his shift. In these instances, and before leaving his post early, Mr. Scott gave prior notice to Respondent. Upon being so informed, Respondent told Mr. Scott that he should not indicate on the log that he had left his post early. As acting supervisor with Protection Unlimited, Mr. Scott was aware that Respondent routinely generated scheduling documents, time sheets, and payment schedules related to the operations of Protection Unlimited. Mr. Scott observed Respondent throw away many of these documents. The documents that Respondent discarded were less than two years old. On or about March 8, 1996, Investigator Floyd performed a proactive inspection of the yacht, the Claire T. At the site, he spoke with a man who identified himself as Rocky Cocozza. Mr. Cocozza was working as a security guard on the vessel and produced an agency identification card from Protection Unlimited. During this inspection, Mr. Cocozza was wearing black trousers and a black jacket. Under the jacket, Mr. Cocozza was wearing a blue short-sleeve shirt which contained an emblem identifying the employing agency; the emblem was on the left side of the shirt, just above the pocket. However, the emblem on the shirt could not necessarily be seen when Mr. Cocozza was wearing the black jacket. On March 18, 1996, Investigator Floyd was on the premises of Channel 13. As he was leaving that facility, Investigator Floyd observed Respondent performing security duties in the reception area. Investigator Floyd then approached Respondent and asked to see his agency identification card. Respondent did not produce a current agency identification card. On or about May 3, 1996, Investigator Floyd went to Respondent's address of record to inquire about matters related to Protection Unlimited. After determining that no one was on the premises, Investigator Floyd left one of his business cards on the door of Respondent's address of record. On the card, Investigator Floyd wrote, "Chris, please call." The note on the card was directed to Respondent, whose first name is Christopher. Later that same day, Investigator Floyd went to Respondent's residence. After Respondent's wife told Investigator Floyd that Respondent was not at home, Investigator Floyd gave one of his business cards to Respondent's wife and requested that she give it to Respondent. On the card given to Respondent's wife, Investigator Floyd also wrote a note requesting that Respondent call him. After waiting two months and receiving no response from Respondent, Investigator Floyd left several telephone messages for Respondent between July 10 and July 29, 1996. The telephone messages were left with Respondent's answering service and requested that Respondent return Investigator Floyd's calls. Although Respondent's answering service confirmed to Investigator Floyd that all of his messages had been conveyed to Respondent, Respondent never returned Investigator Floyd's telephone calls. On August 20, 1996, Investigator Floyd reached Respondent by telephone and scheduled a meeting with Respondent for August 22, 1996. On the day of the scheduled meeting, Respondent called Investigator Floyd and canceled the meeting. The following day, August 23, 1996, Investigator Floyd called Respondent at the Channel 13 security desk and, again, attempted to schedule a meeting with Respondent. Respondent indicated that he would call Investigator Floyd the following Monday, August 26, 1996, to schedule a meeting. After he had not heard from Respondent by 4:00 p.m. on August 26, 1996, Investigator Floyd called Respondent to schedule a meeting. During the August 26, 1996 telephone conversation, Respondent refused to set a date to meet with Investigator Floyd, indicating that he was too busy. However, Respondent told Investigator Floyd that he would call him the next week to schedule a meeting. Because he previously had been unsuccessful in scheduling a meeting with Respondent, after speaking with Respondent by telephone on August 26, 1998, Investigator Floyd went to Channel 13 and served Respondent with a subpoena duces tecum. The subpoena required Respondent to produce and provide the Department with various records maintained and related to the business operations of Protection Unlimited. The documents requested by the subpoena included the following: weekly assignment schedules; daily guard logs; time sheets; payroll records; personnel records of specified employees; and Employee Action Reports from January 1995 through March 1995, December 1995 through February 1996, and January 1996 through August 1996. Respondent failed to provide all of the documents requested in the subpoena. Respondent provided several of the requested documents but many of them appeared to have some of the information on them obliterated with "white out." With regard to several of the requested documents, Mr. Hargraves noted on the subpoena that the records could not be located. On or about September 3, 1996, after receiving some of the documents Respondent had provided pursuant to the subpoena, Investigator Floyd went to Channel 13 to speak with Respondent about the documents that had been requested. Upon arrival at Channel 13, Investigator Floyd told Respondent that he had a tape recorder and was recording the conversation. Respondent then refused to speak with Investigator Floyd and ejected him from the Channel 13 premises. Once Respondent ejected Investigator Floyd, Respondent went inside the Channel 13 building and locked the door. Investigator Floyd met with Respondent and his attorney on September 6, 1996, at the address of record for Protection Unlimited. During the meeting, Investigator Floyd discussed several areas of concern with Protection Unlimited, including the following: (1) general record keeping and record retention procedures; (2) filing of hiring and termination notices with Petitioner; (3) occupational license; (4) branch offices; and (5) general liability insurance. During the September 6, 1996, meeting, with regard to record keeping, Respondent acknowledged that he was a poor record keeper and that he routinely threw away records that he believed were no longer of use to him. Moreover, during this meeting, Respondent stated that he did not always file hiring and termination notices with Petitioner. During the course of his investigation, Investigator Floyd determined that Channel 13 permitted Respondent to bill for security guard services two weeks in advance. Based on a review of invoices from mid-December 1995 to August 1996, to Channel 13 from Respondent, Investigator Floyd found that Respondent had billed Channel 13 for his agency's services two weeks in advance. However, Respondent failed to make adjustments on subsequent invoices, to reflect a reduction in the actual number of hours worked by some security officers. For example, in July 1996, Respondent's invoices do not reflect the approximately nineteen hours that Mark Cummings was not actually at Channel 13. An investigation by Petitioner substantiated Respondent's admission that he did not always file hiring and termination notices. Among employees hired by Protection Unlimited, but for whom notices of hiring were not filed, were Barbara Norman, Steven Cox, William Scott, and Willie Lee. Furthermore, the Department's investigation found that Respondent failed to file termination notices for several of his employees, including William Scott, Barbara Norman, Steven Cox, and Willie Lee. During the September 6, 1996, meeting, Respondent showed Investigator Floyd a Hillsborough County occupational license for Protection Unlimited. The license was dated September 5, 1996, and indicated that it was an initial issue, although Protection Unlimited had been in business since at least 1994. During the course of that meeting, Respondent acknowledged that his agency did not have an occupational license prior to the one dated September 5, 1996. Investigator Floyd discussed the issue of branch offices with Respondent during the September 6, 1996 meeting. At that time, Respondent acknowledged that he had no branch office license. This admission by Respondent is confirmed by Petitioner's records which revealed that Respondent had no branch office license for any location, including 3213 West Kennedy, Tampa, Florida, the location of Channel 13. Despite not having a branch office license which authorized him to carry on business activities such as interviewing potential employees at a location other than his address of record, Respondent routinely conducted such activities at Channel 13, located 3213 West Kennedy Boulevard, Tampa, Florida. Newspaper advertisements by Protection Unlimited, included a Channel 13 telephone number. When individuals called that number to inquire about available security officer positions, prospective job applicants were directed to come to Channel 13 for their job interview. During the time relevant to this proceeding, numerous job interviews to fill security officer positions for Protection Unlimited were routinely conducted at Channel 13. During the September 6, 1996, meeting with Respondent, Investigator Floyd asked Respondent whether he issued agency identification cards to each of his employees when they were hired. Respondent answered affirmatively and indicated that he issued agency identification cards to each of his employees before "they ever set foot" on their assigned post. The statement by Respondent that he always provided agency identification cards to employees upon hiring them is false in light of the credible testimony of Willie Lee that he performed his security duties for Protection Unlimited for at least a month before receiving his agency identification card. During the September 6, 1996, meeting between Investigator Floyd and Respondent, Investigator Floyd asked Respondent whether he either permitted or had knowledge of his employees working in plain clothes while performing security duties. In response to this inquiry, Respondent told Investigator Floyd that he neither permitted nor had knowledge that employees wore plain clothes while performing security duties for his company. The statement made by Respondent to Investigator Floyd was a false statement. The credible testimony of Barbara Norman and Glenn Davis, both employees of Protection Unlimited, was that Respondent never issued them uniforms in which to perform their security duties and, as a result thereof, they performed their duties in plain clothes. Furthermore, the credible testimony of Michael Munger and Steve Cox was that as employees of Protection Unlimited, they performed security duties in plain clothes. Despite his testimony to the contrary, Respondent was at the Channel 13 and observed that many times these employees were performing security duties while not in uniforms. Another issue addressed by Investigator Floyd during the September 6, 1996, meeting with Respondent concerned the required reporting of individuals who had been employed by Protection Unlimited. When asked by Investigator Floyd whether he had ever employed Barbara Norman and Michael Munger as security guards for Protection Unlimited, Respondent answered in the negative. This statement by Respondent is false in light of the credible testimony of Barabara Norman and Michael Munger. Ms. Norman and Mr. Munger were employed by and worked for Protection Unlimited in 1995. During the September 6, 1996, meeting, Investigator Floyd asked Respondent to provide proof of the required general liability insurance for Respondent's agency. Respondent implied that he had the required insurance coverage, but at that time had no proof of such coverage. However, Mr. Hargraves told Investigator Floyd that he would have his insurance company fax documentary evidence that Protection Unlimited had the required insurance. Although Mr. Hargraves indicated that he would request that the insurance company fax the information to Investigator Floyd that same day, no such proof of insurance was ever provided to Investigator Floyd. Respondent routinely performed duties as a security officer at Channel 13 during the period between March 1996 and August 1996, inclusive, although he did not have a Class "D" Security Officer License. Respondent routinely carried a concealed firearm while on duty as a security officer during the time period April 1995 to July 1996. Respondent told Glenn Davis that if investigators from the Department came to the Claire T, Mr. Davis was not to allow them on the post. Respondent indicated to Mr. Davis that he would be fired if he cooperated with the Department. Respondent also told Mr. Scott that he was not to speak with Department investigators and that if the investigators came to his assigned post, Mr. Scott was to have the police remove the investigators from the premises. Respondent told Mr. Pritchard not to speak with any investigators from the Department and to call the police if they came to Channel 13. Mr. Pritchard was told that he would be terminated if he spoke to any Department investigators. On July 13, 1996, at about 8:30 p.m. and while on duty at Channel 13, Mr. Scott locked his master key to the facility in an office he had just checked. Immediately thereafter Mr. Scott attempted to call Respondent. When Mr. Scott could not reach Respondent directly, he left several messages with Respondent's answering service. Respondent never turned the calls. When Mr. Scott left at midnight, he still had not heard from Respondent. The next day when Mr. Scott spoke with Respondent, about the "key" incident that has occurred on July 13, 1996. Respondent then directed Mr. Scott to indicate on the log that Respondent had returned Mr. Scott's call on July 13, 1998, shortly after 8:30 p.m., the time Mr. Scott had initially placed the call to Respondent. Mr. Scott told Respondent that he would not falsify the log. Later Mr. Scott observed that Mr. Hargraves had added an addendum to the daily log that falsely indicated that Respondent had responded to Mr. Scott's call the previous night.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order (1) finding that Respondent committed the violations alleged in Counts IV through XXIV and Counts XXVI through XXVIII; (2) dismissing Counts I, II, III, and XXV; and (3) revoking Respondent's Class "B" license, Class "G" license, and Class "MB" license. DONE AND ENTERED this 29th day of May, 1998, in Tallahassee, Leon County, Florida. CAROLYN S. HOLIFIELD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUMCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 29th day of May, 1998. COPIES FURNISHED: Michele L. Guy, Esquire Department of State Division of Licensing The Capitol, Mail Station Four Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250 Christopher Hargraves 12515 Mondragon Tampa, Florida 33625 Laura Vaughn, Esquire 401 East Jackson Suite 2525 Tampa, Florida 33602
The Issue Whether Respondent committed the violation alleged in the Administrative Complaint? If so, what disciplinary action should be taken against him?
Findings Of Fact Based upon the evidence adduced at hearing, the parties' stipulations, and the record as a whole, the following Findings of Fact are made: The Department is a state government licensing and regulatory agency. Respondent is now, and has been at all times material to the instant case, the holder of a Class "D" security guard license and a Class "G" statewide firearms license. He has held the former license since May of 1990 and the latter license since September of that year. He has never before been disciplined by the Department. From October of 1991, until June 23, 1993, Respondent was employed by Certified Security Services, Incorporated (hereinafter referred to as "Certified"), a business which provides armed and unarmed security services. Among Certified's clients during the period of Respondent's employment was Winn-Dixie Store No. 343 (hereinafter referred to as "Store 343"), located at 14900 Northwest 6th Avenue in Miami, Florida. Respondent was assigned by Certified to work as a uniformed security guard at Store 343. He regularly drove a cashier at the store named Maria home from work in his car. On the afternoon of June 23, 1993, at around 1:00 or 2:00 p.m., Respondent was standing in the store parking lot conversing with a patron of the store, Sylvia Malgarejo, when he was approached by Maria, who was carrying a package containing a box of Pampers and a bottle of cooking oil. Respondent had no reason to, nor did he, believe that Maria had misappropriated these items from the store. Maria asked Respondent to put the package in his car. Respondent complied with Maria's request. He then continued his conversation with Malgarejo. The conversation did not last long. Olga Campos-Campbell, the store's general merchandise manager, had reported to the store manager that Respondent had shoplifted merchandise from the store. Campos-Campbell and Respondent had an ongoing feud concerning the scope of Respondent's job responsibilities. Campos-Campbell frequently asked Respondent to do things that he believed were outside the scope of his duties as a security guard, and an argument between the two invariably ensued. Based upon Campos-Campbell's erroneous report, the store manager had Respondent detained. Kent Jurney, who assisted the owner of Certified, his wife, in running the business, was contacted and advised of the situation. Jurney responded by going to the store with Certified's general manager, Bill Banco, and confronting Respondent. Respondent's native language is Spanish. Jurney, on the other hand, does not speak or understand Spanish. He communicates in English. Respondent's ability to communicate in English, however, is limited. Respondent tried to explain to Jurney in English how he had come into possession of the Pampers and cooking oil, but Jurney misunderstood him and mistakenly thought that Respondent was admitting that he had stolen the items from the store. Accordingly, he advised Respondent that Respondent's employment with Certified was being terminated effective immediately. The police were also contacted. The police officer who responded to the scene cited Respondent for shoplifting.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Department enter a final order finding the evidence insufficient to establish that Respondent committed the violation of Section 493.6118(1)(f), Florida Statutes, alleged in the instant Administrative Complaint and dismissing the instant Administrative Complaint in its entirety. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 14th day of March, 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 14th day of March, 1994. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 93-6941 The following are the Hearing Officer's specific rulings on the "findings of facts" proposed by Respondent in his post-hearing submittal: 1. Accepted as true and incorporated in substance, although not necessarily repeated verbatim, in this Recommended Order. 2-5. Rejected as findings of fact because they are more in the nature of summaries of testimony elicited at hearing than findings of fact based upon such testimony. COPIES FURNISHED: Henri C. Cawthon, Esquire Department of State, Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 C. Ernest Rennella, Esquire 2524 Northwest 7th Street Miami, Florida 33125 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, Esquire General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250
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 Respondent, the holder of a Class "D" Security Officer License and a Class "G" Statewide Firearm License, committed the offenses alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact Respondent holds Class "D" Security Officer License Number D94-10889, which was issued pursuant to Chapter 493, Florida Statutes, effective July 6, 1996, to July 6, 1998. Respondent also holds Class "G" Statewide Firearm License Number G94-02779, effective September 29, 1996, to September 29, 1998. At the times pertinent to this proceeding, Respondent was employed by Navarro Security. On November 18 and 19, Respondent was on duty at a security post during the evening and early morning hours. The assigned post was Star Motors, a Mercedes-Benz car dealership located on Federal Highway (U.S. 1) in Fort Lauderdale, Florida. Respondent had the responsibility of providing security for the vehicles and other property located at the dealership. Respondent had been instructed to park his vehicle at the front part of the dealership property so he could observe at all times the inventory that was parked on an open lot. Respondent was to carry a two-way radio with him while on he was on duty and he was required to respond to hourly radio checks from his supervisors. Respondent was not permitted to sleep while on duty. On November 18, 1996, Randy Robinson, a supervisor (captain) employed by Navarro Security, was dispatched to Star Motors because Respondent had missed a radio check at 11:00 p.m. Mr. Robinson arrived at Star Motors at approximately 11:40 p.m. and observed Respondent to be asleep in his own vehicle at a location adjacent to, but off the premises of, Star Motors. Mr. Robinson photographed Respondent using flash bulbs and shined a flashlight on his face. Respondent did not awaken until Mr. Robinson knocked on the windshield of Respondent's vehicle. On November 19, 1996, shortly before 2:54 a.m., Respondent missed another radio check. Mike Crutcher, a supervisor (lieutenant) employed by Navarro Security was dispatched to Star Motors. Mr. Crutcher arrived at Star Motors at 2:54 a.m. and observed Respondent asleep in his vehicle. The vehicle was parked in the circular drive on the premises of Star Motors. Mr. Crutcher photographed Respondent using a flash bulb. Respondent did not awaken until Mr. Crutcher knocked on the vehicle.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent's Class "D" Security Licensed be revoked. It is further RECOMMENDED that no action be taken against Respondent's Class "G" Statewide Firearms License. DONE AND ENTERED this 31st day of March, 1998, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1998. COPIES FURNISHED: Michele Guy, Esquire Department of State Division of Licensing The Capitol, Mail Station No. 4 Tallahassee, Florida 32399-0250 Arthur W. Francis, pro se 506 Northwest 3rd Street Apartment 2 Dania, Florida 33004 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0450
Findings Of Fact 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. On March 20, 1991, Ella Verdell Green, Earl H. Hamilton, Sr., Paul Hudson Morris, and Joe Garcia, Jr. took a course from respondent's William Dysvik, a licenced instructor (T.55), and received certificates of completion "as part of the requirements for a Class 'D' license." Petitioner's Exhibit No. The course lasted eight hours, (T.17, 19, 41) 50 minutes of each hour being devoted to instruction. T.56. It began with Mr. Dysvik's talking to the class about security, (T.22), after which he passed out pamphlets which he and the class "went through." Id. After about 30 minutes, he told the students to study the pamphlets and invited questions. Ms. Green and others asked him several. T.32. That afternoon, a test was administered and discussed. The instructor "seemed just like a school teacher." T.35. He took his responsibilities seriously, and taught the approved curriculum in its entirety. T.42. Every 15 or 30 minutes, he left the classroom for five minutes. T.47. Part of the time he was out of the classroom he was preparing handouts. T.45, 47. As the day progressed, he and the class discussed each chapter of the materials. T.46.
Recommendation It is, accordingly, RECOMMENDED: That petitioner dismiss the administrative complaint it filed against respondent in this matter. DONE and ENTERED this 26th day of June, 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 26th day of June, 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
The Issue The issue is whether Respondent Joseph M. Conover committed the acts alleged in the Administrative Complaint, and, if so, what discipline should be imposed.
Findings Of Fact Mr. Conover is a licensed security officer. He holds Class D, DI, G, and MB licenses from the Department. His license numbers are D9817475, DI2000134, G2003451, and MB9900202. Mr. Conover's Class G license allows him to carry a firearm, subject to the provisions of Section 493.6115, Florida Statutes. Mr. Conover has been licensed by the Department since 1998, and he has been an armed security officer since 2000 or 2001. Mr. Conover is the president and chief operating officer of Nova, which has its principle office in Brevard County. Mr. Conover resides in Brevard County. Nova's principle office is located within his home. Mr. Conover has managerial and supervisory duties in his position as president and chief operating officer of Nova. The duties include scheduling armed security guards for clients, ensuring the guards' compliance with applicable regulations, soliciting new clients, and maintaining contact with clients and the guards that are on duty. At the time of the events giving rise to the Administrative Complaints, Nova provided armed security guard services for ten apartment complexes and residential communities in Orlando. Nova did not provide security services for any location in Brevard County. On April 29, 2006, while in route to an armed security post in Orlando, Mr. Conover stopped to render aid at a motor vehicle accident in Brevard County. He rendered emergency medical care2/ to one of the individuals involved in the accident, and he also directed traffic at the scene. He was wearing his security guard uniform and carrying his firearm in plain view at the time. On May 1, 2006, while in route to an armed security post in Orlando, Mr. Conover stopped at a Starbucks in Brevard County. He got out of his car and went into the store to purchase a cup of coffee. He was wearing his uniform and carrying his firearm in plain view at the time. Mr. Conover testified that he was "on duty" at the time of each incident because he was performing managerial and supervisory duties while in route to Orlando. He testified that immediately prior to the accident on April 29, 2006, he was fielding calls on his two-way radio from the armed security guards who were on duty in Orlando, and he can be seen talking on his radio or cell phone on the videotape of the May 1, 2006, incident. However, there is no credible evidence that Mr. Conover was providing any managerial or supervisory duties to the security guards during the time that he was rendering emergency medical care and directing traffic at the accident scene. The managerial and supervisory duties that Mr. Conover was performing at the time of the incidents did not require him to be armed. First, as Mr. Conover acknowledged, there is a difference between managerial and supervisory duties and armed security guard duties. A Class G license is not required in order to perform managerial and supervisory duties for armed security guards, particularly where such duties are being performed off-site. Second, Mr. Conover was nowhere near the sites that Nova was providing armed security services at the time of the incidents. He was approximately 40 miles, and at least 25 to 30 minutes, away from the sites. Criminal charges were brought against Mr. Conover for impersonating a police officer and carrying a weapon in plain view based upon his activities at the accident scene on April 29, 2006. The charges were nol prossed by the State. The Department began its investigation of Mr. Conover in May 2006 based upon information received from the Indialantic Police Department in Brevard County concerning the incidents described above. In July 2006, Mr. Conover's attorney sent a letter to the Department requesting the Department's "official interpretation of Florida Statutes § 493.6115 regarding carrying of weapons and firearms." The letter included the following summary of a conversation between Mr. Conover's attorney and Art Varnadore, who the letter represented to be the Chief of Regulation and Enforcement for the Department: ccording to Florida Statutes Chapter 493, a security officer can only carry a firearm while on duty at an armed post. A security agency manager can only carry a firearm while on duty at an armed post. A security agency manager or security officer traveling between armed posts may keep his firearm on him in the car. However, he cannot leave the vehicle with a firearm unless at an armed post. The Department did not respond to this letter or a follow-up letter sent by Mr. Conover's attorney in August 2006. The letters were sent after the Department began its investigation into the incidents giving rise to the Administrative Complaint. There is no evidence that Mr. Conover ever sought guidance from the Department prior to the incidents. Mr. Conover has been complying with the procedures quoted above since July 2006. The Department publishes a "Security Officer Handbook," as required by Section 493.6123(2), Florida Statutes, in order to provide guidance to licensees regarding "the legal authority, rights, and obligations of his or her specific license." A copy of the handbook is supposed to be provided to each licensee. The handbook includes the following provisions pertinent to this case: e. Class "D" Security Officers who also possess a Class "G" license may carry a firearm only when the duty assignment requires armed security and only while on the post of duty. Section 493.6115(3), F.S. Example: A Class "D" Security Officer who also has a Class "G" license and is normally assigned to an armed post is assigned, temporarily, to an unarmed post. He may not carry his firearm on the temporary assignment. Example: The same security officer, while serving on his usual armed post, may not wear his firearm when he leaves his assigned post for other than duty purposes, such as for lunch, or when traveling to or from home. During such non-duty periods, the firearm must be removed and secured. * * * g. While the licensee is on duty, his firearm must be carried in a holster and in plain view. It may only be carried concealed under those conditions addressed in VIII.c. Section 493.6115(3), F.S.[3/] The handbook does not include a specific example addressing the conduct of licensees responsible for managing and supervising armed security guards. The examples in the handbook focus on licensees with assigned "posts of duties." Mr. Conover did not rely on any of the guidance in the handbook; he testified that he did not recall ever receiving a copy of the handbook. Mr. Conover has no disciplinary history with the Department. There is no credible evidence that the Department investigated or prosecuted this case for an "improper purpose," as alleged by Respondents.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department issue a final order that: Finds Mr. Conover guilty of carrying a firearm in violation of Section 493.6115(3), Florida Statutes, on April 29, 2006, and on May 1, 2006, as charged in Administrative Complaint No. CD2006-1316; and Imposes an administrative fine of $100 on Mr. Conover; Issues a formal reprimand to Mr. Conover. DONE AND ENTERED this 20th day of March, 2008, in Tallahassee, Leon County, Florida. S T. KENT WETHERELL, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of March, 2008.
