The Issue At issue in Case No. 94-5463S is whether the Petitioner's application for a Class 'G' Statewide Firearm License should be granted or denied. At issue in Case No. 94-6872 is whether the Respondent's Class 'D' Security Officer License should be revoked or otherwise disciplined based upon the violations of Chapter 493, Florida Statutes, alleged in the Amended Administrative Complaint filed by the Department.
Findings Of Fact On or about March 15, 1994, Jean-Baptiste submitted to the Department an application for a Class 'G' Statewide Firearm License pursuant to Chapter 493, Florida Statutes. At all times material to this case, Jean-Baptiste held Class 'D' Security Officer License Number D91-05252, issued by the Department pursuant to Chapter 493, Florida Statutes. On February 29, 1992, Jean-Baptiste was the driver of an automobile involved in a minor traffic accident in Homestead, Florida. The accident was investigated by Trooper Talton B. Dunn of the Florida Highway Patrol. When, in the course of his investigation, Trooper Dunn asked Jean- Baptiste for his driver's license, Jean-Baptiste replied that he did not have a license in his possession. Trooper Dunn asked his name, and Jean-Baptiste gave the name 'Joseph Jean Pierre.' Trooper Dunn was unable to obtain confirmation that a Florida driver's license had been issued to anyone by that name. Trooper Dunn then asked one of the small children who were passengers in the car driven by Jean-Baptiste if she knew the driver's name. The child, who identified herself as the driver's daughter, stated that his name was 'Jimmy Baptiste,' and Jean-Baptiste agreed that this was his name when asked by Trooper Dunn. Trooper Dunn was unable to obtain confirmation that a Florida driver's license had been issued to anyone by the name of 'Jimmy Baptiste.' When Trooper Dunn again asked for his name, Jean-Baptiste stated that his correct name was the first name he had given, 'Joseph Jean Pierre.' At some point in the discussion, Jean-Baptiste told Trooper Dunn that his license had been suspended. Trooper Dunn arrested Jean-Baptiste for, among other infractions, giving false information on an accident report and obstructing justice. Jean- Baptiste gave his correct name to the authorities at the jail when he was being fingerprinted.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that: In Case Number 94-5463S, the Department of State, Division of Licensing, enter a Final Order finding that the evidence is insufficient to establish that Petitioner lacks good moral character and granting his application for a Class 'G' Statewide Firearm License; and, In Case Number 94-6872, the Department of State, Division of Licensing, enter a Final Order finding that the evidence is insufficient to establish that Respondent lacks good moral character and dismissing the Amended Administrative Complaint. DONE AND ENTERED this 17th day of March 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 17th day of March 1995. APPENDIX The proposed findings of fact included in the Department's Proposed Recommended Orders submitted in Case Nos. 94-5463S and 94-6872 are virtually identical, differing only in paragraph one to reflect the different licenses at issue. The following are my specific rulings on these proposed findings of fact: Paragraphs 1 through 9: Accepted as true and incorporated in substance though not repeated verbatim. COPIES FURNISHED: Kristi Reid Bronson Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Frantz Olivier The Causeway Professional Bldg. 777 Northeast 79 St., Causeway Suite 104 Miami, Florida 33138 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 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 Whether the Petitioner, Juan Ramon Leal, is entitled to be licensed as resident legal expense sales representative.
Findings Of Fact At all times material to the allegations of this case, the Respondent is the state agency charged with the responsibility of regulating persons seeking licenses to become resident legal expense sales representatives. As such the Respondent appropriately received and considered the application for licensure submitted by the Petitioner on or about April 3, 2002. On June 27, 2002, the Respondent issued its decision regarding the Petitioner's application for licensure. Such decision denied Petitioner's request based upon his criminal history and the short amount of time that had elapsed between the alleged criminal activity and the application for licensure. On July 6, 2000, when he was 20 years of age, the Petitioner was arrested for possession of a controlled substance, unauthorized possession of a driver's license, and carrying a concealed weapon. As to the controlled substance charge, at the time of the arrest, the Petitioner was delivering to an individual, who was a confidential informant for the police, 400 tablets of a drug commonly known as ecstasy. The Petitioner knew that the package contained an illegal substance and that he was committing an illegal act. As to the charge of possessing an unauthorized driver's license, the Petitioner held fake identification so that when carded at dance clubs he could enter with his older girlfriend. There is no evidence that the fake license was used for any other purpose. As to the charge of possession of a concealed weapon, the Petitioner was arrested and his vehicle was thoroughly searched. The "concealed weapon" was a hunting knife under the seat or in the crack of the seats. The knife was not presented in the course of any of the activities cited by the police. In fact, the arresting officer described the Petitioner as "sincerely remorseful" and "cooperative." Subsequent to his arrest the Petitioner attempted to assist the police but proved unsuccessful. On May 10, 2001, the Petitioner pled nolo contendere to the possession charges. As he had no prior criminal record, adjudication of guilt was withheld and he was placed on probation. The Petitioner successfully completed all requirements of his probation. Thereafter, on March 14, 2002, the probation was terminated. On April 3, 2002, within the month of his probation being completed, Petitioner applied for the license at issue in this proceeding. Because the Department denied the license, the Petitioner sought the instant administrative review of the denial and sought relief from the criminal court having jurisdiction over his probation and record. To that end, Petitioner obtained an Order to Seal his criminal records. This order was entered on August 15, 2002. Had the Petitioner waited until after that date to apply for licensure, the pertinent criminal records would have been under seal and therefore unavailable for review. It is the Department's position that the Petitioner lacks fitness and trustworthiness to hold the license based upon the nature of the criminal activity and the recentness in time to the application for licensure. The Petitioner's employer, Nicolo Bonanno, testified that the Petitioner is a trustworthy employee, that he has had business dealings with the Petitioner for approximately 3 years, and that he has no hesitation in supporting his licensure. Mr. Bonanno is himself a licensee through the Department. The arresting officer expressed complimentary statements regarding the Petitioner including his demeanor during and subsequent to the arrest.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of Insurance enter a final order granting the license sought by the Petitioner. DONE AND ENTERED this 23rd day of January, 2003, in Tallahassee, Leon County, Florida. ___________________________________ J. D. PARRISH 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 23rd day of January, 2003 COPIES FURNISHED: Honorable Tom Gallagher Chief Financial Officer Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Mark Casteel, General Counsel Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300 Eugene J. LaNeve, Esquire 717 Ponce de Leon Boulevard Suite 215 Coral Gables, Florida 33134 Ladasiah Jackson, Esquire Department of Financial Services 200 East Gaines Street Tallahassee, Florida 32399-0333
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
Findings Of Fact Petitioner made application for Class "A" and "B," Private Investigator and Security Guard or Patrol Licenses. Petitioner was denied these licenses on the grounds that he lacked the requisite one year's experience in the State of Florida in the field for which he wished licensure. Petitioner was born in 1942, graduated from high school in 1960, and began to train dogs professionally in 1961. Gradually, through training guard dogs, patrol dogs and other specially trained dogs, the Petitioner entered the security business. He was granted a private investigator license by Pennsylvania in 1971, and later was licensed by Pennsylvania to provide security services. His company, which recently changed its name from K-9 Training School to Associated Security Specialists of Pennsylvania, (Associated), grew until it now employs 90 to 100 employees. Petitioner is now the President of this Pennsylvania corporation and was Chief of Security for the company until moving to Florida. Petitioner is still an active officer of this corporation, traveling to Pennsylvania frequently to participate in management of the company. Employees of Associated are engaged in foot and' mobile security patrols at businesses, apartments and industrial sites; surveillance of operations; personnel security; riot training; and security and crowd control at sporting and entertainment events for private and public employers. Petitioner has personally been licensed as a private investigator in Pennsylvania since 1971, and holds a Pennsylvania firearms license and firearms qualification certificate. Petitioner moved to Florida in December of 1978, and purchased a home in Citra, Florida, in approximately June of 1979. Prior to June, 1979, he lived with his mother in Ocala, Florida. Petitioner has attempted to obtain employment as a security guard at several licensed guard services. He has been denied employment because of his potential competitive position if he acquires in-state experience. Some agencies have even offered to hire him if he would pay them for letting him get the experience. Petitioner meets all of the criteria for licensure except one year's experience in the State of Florida.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the agency head deny the applications for Class "A" and "B" Licenses of the Petitioner. DONE and ORDERED this 5th day of October, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of October, 1979. COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Morris S. Finkel, Esquire 3352 North East 34th Street Fort Lauderdale, Florida 33308
The Issue Whether, under the facts, Respondent did or did not sell a controlled substance or possess a controlled substance pursuant to a prescription.
Findings Of Fact The Respondent is a licensed or registered pharmacist holding a license issued by the Florida State Board of Pharmacy. Detective Lawrence Troha of the Volusia County Narcotics Task Force was advised by Jack Bullock, who Troha had arrested on August 25, 1977, that James W. Swan was supplying him with drugs illegally. Bullock arranged a drug purchase from Swan to take place in Room 618 of the Holiday Inn of Daytona Beach on August 26, 1977. On August 26, 1977, Detective Troha's partner, Detective William Bergquist, was in Room 619 with a receiver/recorder to transcribe the events in Room 618 as broadcast a small transmitter worn by Detective Troha. The original magnetic tape recording of this meeting was identified by Detectives Troha and Bergquist and was played at the hearing being transcribed into the record. The tape recording was inaudible in some instances, but gave a good overall representation of the events which occurred on the evening of August 26, 1977, in Room 618 of the Holiday Inn in Daytona Beach. The events as recorded on the tape recording were consistent with Detective Troha's testimony concerning the events. James Swan arrived at Room 618 and was introduced to Troha by Bullock. Troha and Swan then discussed the drug purchase and negotiated a price for the drugs. Swan also indicated to Troha that he could supply Troha in the future with 100 to 150 capsules of Dilaudid (hydromorphone) every ten (10) days. A price of $2,000 for 90 4 mg Dilaudid capsules was negotiated. Troha received the drug from Swan and began to count out the money for Swan. This was the signal for the other police officers to enter the room and arrest Swan which they did. At that time, Swan was searched for concealed weapons and another envelope was discovered inside his sock on his leg. Detectives Troha and Bergquist identified one envelope (Q1, Exhibit 1) and its contents as the drug Troha had purchased from Swan. They also identified a second envelope (Q2, Exhibit 1) and its contents as the drugs discovered on Swan when he was searched incident to his arrest. These drugs and envelopes (Exhibits 1 and 2) together with the evidence containers in which they were placed by Detectives Troha and Bergquist, were identified by Terry Hall, a chemist with a PhD in chemistry who was employed in August of 1977 for the Sanford Crime Lab. Hall also identified the drugs contained in the envelopes which he had tested. His testing revealed that the drugs which Swan had sold or attempted to sell to Troha was hydromorphone or Dilaudid. The drug discovered on Swan was also tested by Hall and was determined to be phenmetrazine. Troha denied that the purchase was made pursuant to a prescription. It was clear from the magnetic tape of the events occurring in Room 618 as well as Troha's testimony that the transaction was an illegal sale of the drug Dilaudid and was not a sale pursuant to an authorized prescription.
Recommendation Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the Florida State Board of Pharmacy revoke the license of James Swan as a registered pharmacist; and further, that this revocation be reported to any other state in which Swan may be licensed. DONE and ORDERED this 9th day of March, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Arthur G. Leonhardt, Jr., Esquire 39 West Pine Street Orlando, Florida 32801 Michael Schwartz, Esquire Suite 201, Ellis Building 1311 Executive Center Drive Tallahassee, Florida 32301
Findings Of Fact At all times pertinent hereto, Respondent held a valid Class "W" Concealed Weapon or Firearm License issued by the Petitioner. Petitioner alleges that Respondent was convicted of Assault with Intent to Murder on June 8, 1960 in the State of Georgia and his civil rights have not been restored. A person by the name of John P. Piner was sentenced by the Superior Court of Richmond County, Georgia, on June 8, 1960, to serve a term of imprisonment at hard labor for a period of not less than three (3) years and not more that four (4) years for the crime of Assault with Intent to Murder. The sentence was suspended and the Defendant was placed on probation and fined. Respondent, John P. Piner, during all relevant times was on active duty with the United States Army and remained so until his honorable separation from the service on June 23, 1969, after more than twenty years of service. The evidence failed to show that the person named in the Sentencing document found in the records of Richmond County, Georgia was the same person as the Respondent named in the Administrative Complaint. The evidence failed to show that the Respondent, John P. Piner, was adjudicated guilty of the felony of Assault with Intent to Murder in the State of Georgia by a court of competent jurisdiction.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the Administrative Complaint filed against Respondent be DISMISSED and that Petitioner's application for renewal of his concealed weapon or firearm license be GRANTED. DONE and ENTERED this 30th day of November, 1994, in Tallahassee, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of November, 1994. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on proposed findings of fact submitted by the parties. Proposed findings of fact submitted by Petitioner. Accepted in substance: paragraphs 1 Rejected as against the greater weight of evidence: paragraphs 2, 3, 4. Proposed findings of fact submitted by Respondent. Accepted in substance: Section 1. COPIES FURNISHED: Richard R. Whidden, Jr. Assistant General Counsel Department of State Division of Licensing The Capitol, MS-4 Tallahassee, Florida 32399-0250 Donald R. Henderson, Esquire Mateer Harbert & Bates Post Office Box 2854 Orlando, Florida 32802-2854 Honorable Jim Smith, Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250
The Issue This is a license discipline case in which the Respondent has been charged by Administrative Complaint with violations of numerous provisions of Chapter 493, Florida Statutes, regarding the several licenses held by the Respondent.
Findings Of Fact During October of 1990, Respondent's Class "B" Security Agency License was in a suspended status due to his failure to pay an administrative fine imposed by the Department of State. His Class "B" license expired July 10, 1991, and has not been renewed. At all times pertinent hereto, Respondent held a valid Class "D" Security Officer License and a Class "G" Statewide Firearm License issued pursuant to Chapter 493, Florida Statutes. Respondent's Class "M" Manager License was issued in July of 1985 and expired in July of 1987. He did not possess a valid Class "M" license in October of 1990. On approximately October 1, 1990, Respondent changed his business location from 2950 Northwest 214 Street, Opa Locka, Florida, to 4623 Forest Hill Boulevard, West Palm Beach, Florida. Respondent did not notify the Department of his address change within ten days of moving. The Department was notified of the address change sometime in May of 1991. On October 18, 1990, May Weiser, an employee of Respondent, appeared at the Department of State, Division of Licensing, West Palm Beach Regional Office to obtain applications for licensure. Ms. Weiser was wearing a security officer badge depicting a replica or facsimile of the Great Seal of the State of Florida. The badge was issued to her by Respondent. On October 19, 1990, Investigator Frank Bedingfield of the Division of Licensing inspected Respondent's business address at 4623 Forest Hill Boulevard in West Palm Beach, Florida. At that time it was determined that Respondent did not possess or have on display a valid Class "B" Security Agency License, an agency disclosure notice, a manager's license, or the required city and county occupational licenses. On that occasion, Respondent was dressed in a security guard uniform and was wearing a .357 caliber model 686 Smith & Wesson revolver loaded with three rounds of .357 caliber steel jacket ammunition and three rounds of .38 special hollow point ammunition. Respondent was also wearing a badge that depicted a facsimile of the Great Seal of the State of Florida. On October 19, 1990, Respondent was unable to provide Mr. Bedingfield with a current list of security agency employees or any business records including hiring and termination notices, and informed the investigator that records were not available due to his recent move. However, he agreed to meet with Mr. Bedingfield again on October 22, 1990, to provide the records. On October 19, 1990, Respondent was providing security guard services to four Miami churches. At the same time he was soliciting business and mailing advertisements in West Palm Beach. Respondent's Class "B" Security Agency License was issued February 23, 1990, was suspended for nonpayment of a fine on September 13, 1990, and was due for renewal on July 10, 1991. Respondent informed Mr. Bedingfield that the fine would be paid by October 22, 1990, in the Miami Regional Office of the Division of Licensing. On October 24, 1990, Mr. Bedingfield returned to Respondent's business location at 4623 Forest Hill Boulevard in West Palm Beach, Florida. Respondent was again wearing a .357 revolver even though he had been notified of the violation during Mr. Bedingfield's previous visit on October 19, 1990. Respondent told Mr. Bedingfield that he had requested a waiver from the Division of Licensing to carry other than a .38 revolver, but could not produce a copy of his request or an approval of such request. The Division of Licensing never received a waiver request from Respondent. Mr. Bedingfield's return visit also revealed that Respondent was again wearing a security badge with the Great Seal of the State of Florida. Respondent did not have a Palm Beach County occupational license and could not provide any evidence that he had notified the Division of Licensing of his change of business address. He could not provide Mr. Bedingfield with a current list of employees, copies of his agency security guard contracts, personnel files for the previous two years, or records of all terminations and new employments. Nor could Respondent produce evidence of current general comprehensive liability insurance. He did provide Mr. Bedingfield with approximately 73 employment applications of current and previous employees. Using these records Mr. Bedingfield compiled a list of guards and produced computer printouts of each current and previous employee. As of October 24, 1990, Respondent had failed to notify the agency of the hiring or termination of 43 employees. Respondent's insurance had been cancelled for non- payment of the premium in August of 1990. At the time of the events described in the foregoing findings of fact, Respondent had overlooked, or was not aware of, a number of the statutory requirements such as the requirements that he notify the Department when he changed business locations, that he display an agency disclosure notice, and that he not use the Great Seal of the State of Florida on his badges. He has since painted over the Great Seal on the badges. For reasons not clarified on the record in this case, Respondent's manager's license states that it is "non-expiring," notwithstanding the statutory provision that all licenses issued under Chapter 493, Florida Statutes, shall be valid for two years.
Recommendation Based on all of the foregoing, it is RECOMMENDED that the Department of State issue a Final Order in this case to the following effect: (a) Concluding that Count V of the Administrative Complaint should be dismissed for insufficient proof; (b) Concluding that the Respondent committed all of the other violations alleged in the Administrative Complaint; and (c) Imposing the following administrative penalties: A suspension of the Respondent's Class "D" Security Officer License for a period of one year; A suspension of the Respondent's Class "G" Statewide Firearm License for a period of one year; and An administrative fine in the total amount of one thousand ($1,000.00) dollars. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 22nd day of May 1992. MICHAEL M. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SC 278-9675 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of May 1992. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 91-1015 The following are my specific rulings on all proposed findings of fact submitted by all parties in this case. Findings submitted by the Petitioner: All of the findings of fact proposed by the Petitioner have been accepted in substance. Findings submitted by the Respondent: The Respondent's proposed recommended order consists of nine unnumbered paragraphs, none of which are specifically identified as proposed findings of act, but most of which contain factual assertions. All of the factual assertions in the Respondent's proposed recommended order have been treated as if they were proposed findings of fact and are specifically addressed below. First paragraph: The first sentence of this paragraph is rejected as contrary to the greater weight of the evidence. The second sentence is rejected as irrelevant or as constituting subordinate and unnecessary details. The last sentence is rejected as constituting argument, rather than proposed facts. Second Paragraph: First two sentences accepted in substance. Last sentence rejected as irrelevant to the issues in this case. Third Paragraph: Accepted. Fourth Paragraph: First two sentences rejected as not supported by persuasive competent substantial evidence and as, in any event, irrelevant. Last sentence accepted. Fifth Paragraph: First paragraph rejected as contrary to the greater weight of the evidence; there were other reasons the licenses were not on display. Second sentence is accepted. The last two sentences are rejected as irrelevant or as constituting subordinate and unnecessary details. Sixth Paragraph: First sentence accepted in substance. The remainder of this paragraph is rejected as subordinate and unnecessary details. Seventh Paragraph: Rejected as subordinate and unnecessary details because other evidence establishes that at the time in question the Respondent was conducting and advertising the business of a security agency. Eighth Paragraph: Rejected as constituting comment on a subordinate matter, rather than a proposed finding of fact. Ninth Paragraph: This paragraph consists of a suggested disposition of the case, rather than proposed findings of fact. COPIES FURNISHED: Henri C. Cawthon, Esquire Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Mr. Dave Burgess, Jr. Post Office Box 552590 Miami, Florida 33055 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250
