The Issue The issue presented is whether Petitioner's application for licensure should be granted.
Findings Of Fact l. Petitioner became a certified law enforcement officer and was employed by the Metro-Dade Police Department in 1981. He worked for that agency through 1994, and his employment was terminated in 1996. During his employment with the Metro-Dade Police Department, he was trained as an investigator and was specifically trained in traffic accident investigation and reconstruction. He subsequently became an instructor for the Department and trained other police officers. During his employment with that agency, he received 12 commendations for good deeds and heroism. Initially, he received above-satisfactory evaluations. During his last seven years, he was rated as an outstanding employee. Although no longer employed by the Police Department, he continues to be used by the Metro-Dade Police Department, by the County Attorney's Office, and by the State Attorney's Office as a consultant on a regular basis and testifies on behalf of those agencies as an expert in traffic accident reconstruction. In 1994 he was charged with several felonies in Broward County. The jury found him not guilty of those charges, but he was convicted of lewd and lascivious behavior on June 10, 1995. The convictions were for five misdemeanors. Petitioner has engaged in no criminal activity either before or after his conviction and continues to maintain his innocence regarding the activity for which he was convicted. Petitioner was given six months' probation and has completed all conditions of that probation. None of the conditions of probation involved contact with people or restrictions on the employment in which he can engage. For the past three years, Petitioner has been employed in an administrative capacity by an investigative and security agency licensed by the Department. For a while he worked there under temporary licensing by the Department without incident. The agency which employs Petitioner performs a substantial amount of investigation and traffic accident reconstruction for insurance carriers. If licensed, Petitioner would perform that work in the field. Petitioner's ability to perform the duties of that employment is enhanced by his extensive educational background and experience. Petitioner even has a degree in photography, which further enhances his ability to perform surveillance, investigations, and traffic accident reconstruction. Petitioner's employers, who are both certified law enforcement officers, rely on Petitioner's "outstanding" investigative abilities and guidance. He is considered very knowledgeable in the requirements of Chapter 493, Florida Statutes, the framework for investigative and security services administered by the Department. His skills are considered superior, and he is respectful to all with whom he comes in contact. He conducts himself with the utmost professionalism. Petitioner respects the law and asserts that he has never knowingly broken it. He further respects the rights of others as evidenced by his testimony, the testimony of other law enforcement officers, and the many awards, letters of praise from citizens, and commendations from his superiors admitted in evidence. There is no relationship between the misdemeanors for which Petitioner was convicted and the licenses for which he has made application.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED THAT a Final Order be entered granting Petitioner's application and issuing to him a Class "C" Private Investigator license, a Class "D" Security Officer license, and a Class "G" Statewide Firearm license. DONE AND ENTERED this 31st day of July, 1997, at Tallahassee, Leon County, Florida. LINDA M. RIGOT Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 31st day of July, 1997. COPIES FURNISHED: C. Michael Cornely, Esquire Hartman and Cornely, P.A. 10680 Northwest 25 Street, Suite 200 Miami, Florida 33172 Kristi Reid Bronson, Esquire Department of State Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol, Plaza 2 Tallahassee, Florida 32399-0250
The Issue Whether petitioner's application for a concealed weapon or firearm license should be approved.
Findings Of Fact On May 22, 1989, petitioner, Angel Cordero (Cordero) filed an application with respondent, Florida Department of State, Division of Licensing (Department), for a concealed weapon or firearm license. Accompanying such application was Cordero's fingerprint card and a certificate of completion of the required safety course for a concealed weapon permit. By letter dated July 19, 1989, the Department informed Cordero that it had received criminal justice information which indicated that he had been convicted of a felony, and that before processing his application further he would have to submit proof he had not been convicted of a felony or that his civil rights and firearm rights had been restored. The letter further advised Cordero that failure to submit the necessary documentation within thirty days would result in the denial of his application. Following receipt of the Department's letter, Cordero wrote to the Federal Bureau of Investigation (FBI), the agency from which the Department had received the adverse criminal justice information. In his letter, Cordero denied ever having been convicted of a felony, and requested that the FBI provide him with the proof or documentation necessary to reflect such fact. In response to Cordero's letter, the FBI sent a letter to the State of New York on August 16, 1989, which stated: Enclosed herewith is a copy of a communication questioning arrest data previously submitted by your agency, together with a copy of the subject's identification record, as it currently appears in our files. You are requested to verify or correct the challenged entry/entries submitted by your agency.... To date there has been no resolution of this request. 1/ On August 21, 1989, the Department, having failed to receive the information from Cordero requested in its letter of July 19, 1989, wrote Cordero and informed him that his application for a concealed weapon license had been denied. Included with the letter was an election of rights form which advised Cordero of his right to a hearing pursuant to Section 120.57, Florida Statutes. On September 20, 1989, Cordero filed a timely request for formal hearing with the Department, and denied that he had ever been convicted of a felony. The matter was referred to the Division of Administrative Hearings for the assignment of a hearing officer to conduct a formal hearing pursuant to Section 120.57(1), Florida Statutes. At hearing, Cordero, whose testimony is credited, adamantly denied that he had ever been convicted of a felony. Cordero did, however, candidly divulge that in 1968 he was convicted, as a minor, of misdemeanor possession of drugs, sentenced to one year of confinement, and was released from custody after having served 8 months of his sentence. Following his release, Cordero moved to Puerto Rico where he remained until 1973 when he returned to the United States. On December 20, 1971, while living in Puerto Rico, Cordero was married. To support its position that Cordero had been convicted of a felony, the Department introduced the criminal justice information it had received from the FBI. That document provided: Use of the following FBI record ... is REGULATED BY LAW. It is furnished FOR OFFICIAL USE ONLY and should ONLY BE USED FOR CONTRIBUTOR OF NAME AND ARRESTED OR CHARGE
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Cordero `s application for a concealed weapon or firearm license be approved. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 28th day of February 1990. WILLIAM J. KENDRICK 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 28th day of February 1990.
The Issue An amended administrative complaint alleges that Respondent violated Section 475.25(1)(m), Florida Statutes, when he failed to reveal two pleas of nolo contendere on his application for licensure. The issues for disposition are whether that offense occurred, and if so, what discipline is appropriate.
Findings Of Fact Respondent, Daniel P. Shannon, signed by affidavit a real estate saleperson's licensure application on August 29, 1995, and after passing the examination, became licensed on or about October 20, 1995. He continues to be so licensed and his current license is active (license no. 0630417.) The licensure application signed by Mr. Shannon includes this question no. 9: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld? This question applies to any violation of the laws of any municipality, county, state or nation, including traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled, or pardoned. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." If you answered "Yes," attach the details including dates and outcome, including any sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consult with an attorney or the Division of Real Estate. The application form also includes this affidavit statement of the applicant: The above named, and undersigned, applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s)(he) is the person so applying, that (s)(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever; that (s)(he) knows of no reason why this application should be denied; and (s)(he) further extends this affidavit to cover all amendments to this application or further statements to the Division or its representatives, by him/her in response to inquiries concerning his/her qualifications. In response to question no. 9. Mr. Shannon disclosed two traffic offenses: a DUI in 1987, and a conviction of reckless driving in 1989. After Mr. Shannon was licensed as a real estate salesperson, the Department of Business and Professional Regulation (DBPR) conducted a routine criminal history check in November 1995. This revealed two pleas by Mr. Shannon: a plea of guilty to trespassing in an unoccupied conveyance in June 1985, and a plea of nolo contendere to loitering or prowling in March 1987. Robert Baird, an investigator with DBPR's Division of Real Estate, was assigned to investigate the discrepancy in August 1997. He reached Mr. Shannon by telephone on September 22, 1997, and explained the basis for the investigation. Mr. Shannon told Mr. Baird that he didn't remember the offenses when he filled out his application and the oversight was unintentional. He cooperated with the investigation. Mr. Shannon lives in Kissimmee, Florida, with his wife and wife's children. He moved to Florida 18 years ago and has "tried to make a go of it" ever since. His real estate license is active but he doesn't make enough money so he works 6 days a week driving a cab, approximately 90 hours a week. When he filled out his application for real estate licensure in 1995, Mr. Shannon reviewed and answered the questions carefully. He understood he was supposed to disclose criminal convictions. He was worried about the driving offenses and disclosed them. He committed those offenses and went to jail. He simply forgot the other two offenses as they were really "stupid things." The trespass occurred when he had split-up with a girlfriend and moved down the street. He had taken most of his belongings, but still had her car key and was looking in the glove compartment. The girlfriend had him charged with burglary. He pled guilty to the lesser charge of trespass, paid a fine of $150, plus $7.50 costs, agreed to no further contact with the girlfriend, and received a suspended jail sentence of 30 days. He completed the terms of the sentence and did not spend time in jail. The "loitering" offense occurred when he was looking for a place to live. There was a rental sign on an apartment complex being constructed and there were no doors on the units so he went inside to look around. The security guard called the deputies and they arrested him. His public defender advised him to plead nolo contendere and he did not have to go to court. Adjudication was withheld and he performed some community service. At the time Mr. Shannon filled out his real estate license application he had no paperwork on the forgotten offenses and was reminded of the underlying circumstances only when he talked with the investigator and actually saw the court records that the agency had obtained.
Recommendation Based on the foregoing it is hereby RECOMMENDED: That the Florida Real Estate Commission enter its final order dismissing the administrative complaint. DONE AND ENTERED this 10th day of December, 1998, in Tallahassee, Leon County, Florida. MARY CLARK Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 10th day of December, 1998. COPIES FURNISHED: Steven W. Johnson, Esquire Department of Business and Professional Regulation Division of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Frederick Wilsen, Jr., Esquire Gillis & Wilsen 1999 West Colonial Driver, Suite 211 Orlando, Florida 32804 James Kimbler, Acting Division Director Division of Real Estate Department of Business and Professional Regulation 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802-1900 Lynda L. Goodgame, General Counsel Department of Business and Professional Regulation Northwood Centre 1940 North Monroe Street Tallahassee, Florida 32399
The Issue The issue in this case is whether the Petitioner's application for a Class "D" Security Officer License should be granted or denied.
Findings Of Fact On or about January 4, 1994, the Petitioner filed an application for a Class "D" Security Officer License pursuant to Chapter 493, Florida Statutes. On April 20, 1994, the Respondent sent a letter to the Petitioner advising him of its intention to deny his application. The sole stated ground for denial was described as "[f]ailure to qualify under Section 493.6118(1)(j). You committed an act of violence or used force on another person which was not for the lawful protection of yourself or another." The denial letter also made specific reference to the date of February 21, 1993, and specifically referred to criminal charges allegedly brought against the Petitioner on that date for battery and aggravated battery. With regard to the Respondent's basis for denial, the proof demonstrates that during the early afternoon of February 21, 1993, the Petitioner became involved in an argument with Jessica Favata, an adult female with whom he was acquainted. The intensity of the argument escalated and at one point the Petitioner physically pushed Ms. Favata. At that point a male friend of Ms. Favata, one Bradley Watson, injected himself into the argument. As the intensity of the argument between the Petitioner and Mr. Watson continued to increase, the Petitioner retrieved an aluminum baseball bat from his motor vehicle and began swinging the bat in the general direction of Mr. Watson. During the course of one of the swings of the bat, the Petitioner struck Ms. Favata on the hand with the bat. As a result of being struck by the bat, Ms. Favata's hand was visibly injured. During the course of the events described in the preceding paragraph neither Ms. Favata nor Mr. Watson were armed with any type of weapon. Similarly, neither Ms. Favata nor Mr. Watson were causing or attempting to cause physical harm to the Petitioner.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that a Final Order be issued in this case denying the Petitioner's application for a Class "D" Security Officer License. DONE AND ENTERED this 31st day of October, 1994, at Tallahassee, Leon County, Florida. MICHAEL M. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of October, 1994.
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 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 (license number D94-13786). He has been licensed since November 16, 1994. From April 3, 1996, through and including November 24, 1996, Respondent was employed as security guard by Delta Force Security (Delta), a business which provides security services. Ermelindo Onativia is now, and was at all times material to the instant case, the owner and manager of Delta. Among Delta's clients during the period of Respondent's employment was Motor World, an automobile dealership in Plantation, Florida. On the weekend of November 23 and 24, 1996, Respondent's assignment was to provide security services at Motor World. His shift was to begin at 7:00 p.m. on Saturday, November 23, 1996, and end at 5:00 a.m. on Sunday, November 24, 1996. Onativia met Respondent at Motor World at the beginning of Respondent's shift on November 23, 1996, and reminded Respondent to "punch the time clock" when he made his rounds at the dealership. After conversing with Respondent, Onativia left the dealership. Onativia returned to Motor World at 2:00 a.m. on November 24, 1996, to check on Respondent. Respondent, however, was not there. He had left his assigned post without obtaining Onativia's permission to do so. Onativia remained at the dealership until 5:00 a.m. At no time during the period that he was at the dealership did he see or hear from Respondent.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department enter a final order finding Respondent guilty of the violation of Section 493.6118(1)(f), Florida Statutes, alleged in the Administrative Complaint and disciplining him therefor by fining him in the amount of $1,000.00 and placing him on probation for a period of one year, subject to such conditions as the Department may specify. DONE AND ENTERED this 18th day of February, 1998, in Tallahassee, Leon County, Florida. STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 18th day of February, 1998.
Findings Of Fact Based on the documentary evidence received, the demeanor of the witnesses while testifying and the entire record compiled herein, the following relevant facts are found. By letter dated October 18, 1982, Mr. General G. Foreman, Petitioner herein, was advised that his application for Class "D" and "G" unarmed/armed security guard licenses had been denied based on "fraud or willful misrepresentation in application for or in obtaining a license." Chapter 493.319(1)(a), Florida Statutes. Petitioner timely applied for a formal administrative hearing pursuant to Chapter 120.57(1), Florida Statutes, concerning the denial of his application for Class "D" and "G" unarmed/armed security guard licenses by the Division of Licensing. 1/ Documentary evidence herein reveals that the Petitioner has been arrested ten times during the period April, 1950 through May, 1982. On Petitioner's application filed during approximately July, 1982, he listed two arrests during the period March, 1955 through approximately November, 1970. Petitioner listed (on the subject application) a trespassing charge which occurred during April, 1950, the outcome of which resulted in a conviction, and during November, 1969 or 1970, a rape charge which was "thrown out, dismissed." In the processing of applications for guard licenses, the Respondent conducts background investigations through fingerprint checks with the Federal Bureau of Investigation, the Florida Department of Law Enforcement and other local law enforcement agencies. The Respondent reviewed a "rap" sheet from the Florida Department of Law Enforcement (FDLE) and based on a consideration of the ten (10) occasions which the Petitioner had been arrested, an administrative determination was made that the Petitioner failed to fully disclose arrests. For that reason, Petitioner's application for the above-referred guard licenses was denied. (Testimony of Debbie Richards, Respondent's guard license application investigator). The Petitioner listed the tow charges which "bears" on his mind and the other arrests were not listed since they had no "bearing on his mind." Petitioner contends that he made no effort to "hide" anything. Further, Petitioner related that he, to this date, is unable to recall, with any specificity, the exact number of times that he has been arrested.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Respondent, Department of State, Division of Licensing, enter a Final Order denying Petitioner's application for statewide Class "D" and "G" security guard licenses. 2/ RECOMMENDED this 3rd day of February, 1983, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of February, 1983.
