The Issue The issues in the case are whether the Respondent’s application for a Class G Firearms license should be approved and whether his existing Concealed Weapons license should be revoked.
Findings Of Fact The Petitioner is the agency charged with regulating the licensure and sale of weapons in the State of Florida. By letter dated November 5, 1998, the Department of State, Division of Licensing, notified Kenneth Dunning that his application for a Class “G” license had been denied. The grounds for the proposed denial are as follows: Failure to qualify under Section 493.6118(4), Florida Statutes, in that you were convicted of a felony and your civil rights, including the specific right to possess firearms, have not been restored by the State of Michigan. For information, please contact the state (sic) of Michigan. In 1960, Mr. Dunning was convicted of attempted armed robbery, a felony, in the State of Michigan. On December 23, 1998, the Department filed an Administrative Complaint against Mr. Dunning, seeking to revoke his Concealed Weapons license, number W98-00504. As grounds for the proposed revocation, the Complaint states as follows: On or about June 17, 1960, in the State of Michigan, Respondent was convicted of attempted armed robbery, a felony, and has not had the right to own or possess firearms restored in the State of Michigan. Respondent is ineligible for licensure pursuant to Sections 790.06(2)(d) and 790,23, Florida Statutes. There is no evidence that Mr. Dunning’s civil rights were lost as a result of his 1960 conviction. The evidence, including Mr. Dunning’s uncontradicted testimony and available documents, establishes that Mr. Dunning’s civil rights, if impacted at all by his 1960 conviction, have been restored without reservation. By Order dated May 23, 1997, from the Office of Executive Clemency, Mr. Dunning was granted a restoration of civil rights “except the specific authority to possess or own a firearm” by the Governor of the State of Florida with the concurrence of the requisite members of the State Cabinet. The Certificate of Restoration indicates it is valid “in the State of Florida for any and all felony convictions in the state other than Florida, or in any United States court or military court. . . .” By Executive Order dated September 10, 1998, and signed by the Governor of the State of Florida, Mr. Dunning was granted “the right to own, possess or use firearms.” Department Exhibit numbered 1 is a letter dated September 28, 1998, from “Anthony P. Gledhill” who is identified as “Division Counsel, Detroit” for the Federal Bureau of Alcohol, Tobacco and Firearms to John P. Booth, Assistant General Counsel, Florida Department of Law Enforcement (FDLE). The letter is a legal analysis of case law related to restoration of an individual’s civil rights after conviction. The exhibit does not establish that Mr. Dunning’s conviction resulted in a loss of his civil rights. The letter does not establish that his civil rights, if impacted by the conviction, were not completely restored. Department Exhibit numbered 2 is a letter dated September 24, 1998, to Mr. Dunhill from Mr. Booth. The letter identifies as the reason for FDLE’s nonapproval of Mr. Dunning's attempt to purchase a firearm under Section 790.065, Florida Statutes, “the determination by the Bureau of Alcohol, Tobacco, and Firearms that your civil rights have not been fully restored by Michigan. . . .” The exhibit does not establish that Mr. Dunning’s conviction resulted in a loss of his civil rights. The letter does not establish that his civil rights, if impacted by the conviction, were not completely restored.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of Business and Professional Regulation enter a final order granting the application of Kenneth Dunning for a Class “G” firearms license and dismissing the Administrative Complaint addressed herein. DONE AND ENTERED this 29th day of April, 1999, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of April, 1999. COPIES FURNISHED: Steve Bensko, Esquire Division of Licensing Department of State The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Kenneth Dunning 806 Walker Drive Tampa, Florida 33613 Honorable Katherine Harris Secretary of State Department of State The Capitol, Plaza Lever 01 Tallahassee, Florida 32399-0250 Deborah K. Kearney, General Counsel Department of State The Capitol, Lower Level 10 Tallahassee, Florida 32399-0250
Findings Of Fact At all times relevant hereto David L. Jordan was certified in firearms instruction (Stipulation by the parties). On July 20, 1990, while conducting a firearms training class for probation and parole officer candidates, Respondent, while demonstrating use of a shotgun, pointed a shotgun at a female student at close range and pulled the trigger. Respondent was attempting to demonstrate the intimidating nature of a shotgun to the students. Prior to pointing the shotgun at the student, Respondent had checked the magazine and chamber of the gun to insure the gun was unloaded and showed this check to most of the students in the class. He then, with his back to the female student, operated the slide on the pump shotgun by pulling the rack back and then forward, turned toward the student with the shotgun muzzle within a foot of the student's face and pulled the trigger. This incident was extremely disturbing to the student at whom the gun had been pointed and to most of the rest of the class as well. During the morning session of the firearms training class, the senior instructor in the class, Sergeant Oates, had pointed a revolver at members of the class, and both Respondent and Oates had allowed students to point revolvers at other students to practice squeezing the trigger while dry firing. It is a cardinal safety rule when handling firearms to never point a firearm at another person unless compatible with the right to use deadly force. (Exhibits 1 and 2) The Florida Firearms Training Manual (Exhibit 1) expresses the rule as "Never point a firearm at anyone unless compatible with deadly force departmental policy and Chapter 776, Florida Statutes." It is gross negligence for an instructor in firearms training to point a weapon at another person or allow students to point firearms at other persons. The training of the class which Respondent was instructing on July 20, 1990, was conducted with functional weapons.
Recommendation It is recommended that the certification of David L. Jordan as a firearms instructor be revoked. This recommendation is in accordance with Rule 11B- 20.0012(1), Florida Administrative Code. RECOMMENDED this 20th day of June, 1991, in Tallahassee, Florida. K. N. AYERS 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 20th day of June, 1991. COPIES FURNISHED: Michael R. Ramage, Esquire Post Office Box 1489 Tallahassee, FL 32302 David L. Jordan 6213 Watermark Drive Apartment 206 Riverview, FL 33659 Jeffrey Long, Director Criminal Justice Standards Training Commission Post Office Box 1489 Tallahassee, FL 32302 James T. Moore Commissioner Department of Law Enforcement Post Office Box 1489 Tallahassee, FL 32302
The Issue The issue for consideration in these cases is whether the licenses held by Respondents should be disciplined in some manner because of the matters alleged in the Administrative Complaints filed herein by the Department of State's Division of Licensing.
Findings Of Fact At all times pertinent to the issues herein, Unlimited Crime Prevention, Inc., was licensed in Florida as a "Class B" Security Agency holding license number B98-00127. Respondent William Larue Scott, was the President/Manager of UCP and held a "Class D' security officer license number D93- 19846, a "Class G" statewide firearms license number G94- 03199, and a "Class ZB" organizational officer position license number ZB98-00179. William Shane Scott, son of William Larue Scott and an employee of UCP, held a "Class D" security officer license number D96-07113, a "Class ZB" organizational officer position license number ZB98-00180, and a "Class G" statewide firearms license number G97-01150. The Department of State, Division of Licensing, was then and is the state agency responsible for the licensing of non- certified security personnel and agencies and for the regulation of the non-governmental security industry in Florida. On June 7, 2000, Garry Floyd, an investigator with the Division since 1981, received a complaint that two security officers from UCP had been observed by security officers from another security firm working at a site while carrying unauthorized weapons. Security officers are authorized to carry certain weapons but not nine-millimeter semi-automatic pistols. Upon receipt of the complaint, Mr. Floyd sent a telefax message to UCP's President/Manager, Mr. William L. Scott, asking for an explanation. The following day, an individual who identified himself as Mr. William L. Scott, called and said he had received Mr. Floyd's message and was looking into the matter. At this point, Mr. Scott said he was one of the two security officers involved but that he and his associate were carrying revolvers, not semi-automatic weapons. Thereafter, on June 11, 2000, Mr. Scott sent Mr. Floyd a telefaxed memorandum in which he reiterated his denial of the allegations as to the weapons carried, explained that the allegations occurred because of animosity toward his firm, and requested the investigation be terminated because of a lack of evidence. On June 27, 2000, Mr. Floyd met with Robert Shank, the other security officer alleged to have been carrying the unauthorized weapon and questioned him about the allegations. Shank vehemently denied the allegations and continued to do so even after Floyd said he did not believe him. On July 3, 2000, Mr. Floyd went to Mr. Scott's home where Scott maintained UCP's home office. Though Floyd went there with the intention of speaking with Mr. Scott, he was unable to do so and spoke, instead, with Mrs. Scott, whom he asked to have Mr. Scott call him. Mr. Scott did not call as requested, however. Thereafter, on July 17, 2000, Mr. Floyd went to UCP's new office, but because so many other people were there, so as not to embarrass Mr. Scott, he made an appointment to come back on August 2, 2000. When Mr. Floyd spoke with Mr. Scott on August 2, 2000, he gave Mr. Scott a list of questions he had written down. Scott said he was not ready to admit anything and would not answer any questions, orally or in writing. As of the hearing, Mr. Scott had not answered any of the questions posed by Mr. Floyd. The questions are simple. They ask, primarily, about the ownership of the company and the positions held therein by both Scott and his son, as well as whether he has ever allowed any employee to carry semi-automatic weapons. Mr. Floyd also met with Eric Hege, an employee of UCP, and provided him with a list of eight questions, two of which concerned the type of firearms carried by Mr. Scott. However, Mr. Hege refused to answer the questionnaire. This stymied Mr. Floyd's investigation, and he could proceed no further with it. However, sometime during the first week of July, 2000, Mr. Floyd received a complaint from a local police department that UCP was using an unlawful scheme of colored lights on its vehicles. When he went to various places where ICP's vehicles were located, he saw that they did have unlawfully colored lights which could give the impression they were official police vehicles. One vehicle had a green light on the seat, and another had a blue light. Blue lights are not allowed on civilian vehicles. Only amber-colored emergency lights are allowed on civilian vehicles. Mr. Shank previously held a license to carry a semi- automatic weapon, but not during the period he was employed performing security duties for Respondent. He surrendered that license after he, too, was charged with carrying an unauthorized weapon. Though he was not licensed to do so, while he was on duty with UCP, he carried a semi-automatic weapon or, in the alternative, a revolver. He started carrying the revolver so that he would not violate the law. Mr. Shank is certain that William L. Scott knew he was carrying an unauthorized weapon because Scott purchased revolvers for himself and the others in July 2000, so they would not be in violation of the law. When Shank had pointed out that the semi-automatic weapons were against state law, William L. Scott replied, "Fuck the State. The statutes don't mean anything." On June 2, 2000, Mr. Shank, with William L. Scott's son and several other employees of UCP, was working as a security officer at The Harbor Club in Pinellas County. At that time he was carrying a semi-automatic weapon, as was Mr. Scott's son. He was of the opinion at the time that William L. Scott's approach was to violate the law regarding weapons and deny it if caught. In late July or early August 2000, William L. Scott held a meeting of his employees at which time he instructed them, among other things, that if Mr. Floyd were to contact them about the incident at The Harbor Club, they were not to give him any information. He also provided each security officer with a letter which instructed them, in the event they were contacted by any personnel from the Division of Licensing, to immediately notify their supervisor and to advise the state personnel that they could not be distracted from their duties. Employees were not to speak with a state employee until a supervisor had relieved him, nor were they ever to hand over their firearms to an inspector unless properly relieved. Investigators were to be referred to the company's attorney, and if the investigator refused to leave, the police were to be called. Mr. Shank has also performed services for UCP using a vehicle with green and red flashing lights on the roof. So have both Scotts and Mr. Hege. Mr. Shank was subsequently charged with driving a vehicle with improper lights as well as carrying a semi-automatic weapon. William L. Scott and Mr. Shank had a falling out over money in early September 2000. Shank then called Mr. Floyd to tell him what he knew of the allegations because he felt it was the right thing to do. When Boin Upton, at the time an employee of Excelsior Defense, also a security firm, came to work at The Harbor Club on June 2, 2000, he found representatives of UCP already were there. He thought this was unusual because he understood that his company had the contract to provide security for the club. He called his supervisor who came to the club and resolved the issue. A the time, however, he noticed that both Mr. Shank and William L. Scott, the two representatives of UCP, were carrying nine-millimeter semi- automatic weapons. When Mr. Upton asked about this, he was told by Mr. Shank that he had a "CC" waiver. A "CC" license is one which is issued to an apprentice private investigator and does not authorize the carrying of a semi-automatic weapon. Joshua Wilson also was a security guard who worked for UCP from July 7 through the end of August 2000, and whose duty stations were at the Lutz Apartment complex and at The Harbor Club. His job was to observe and report and to keep the peace, and he was not armed. However, he observed William S. Scott, William L. Scott's son carrying a nine- millimeter semi-automatic weapon at The Harbor Club during this period. Mr. Wilson recalls a staff meeting held by Mr. Scott during this period at which Mr. Scott discussed the investigation being conducted by the Division. At this meeting, he gave each employee a copy of the memorandum which advised employees not to talk with anyone from the Division but to refer them to a UCP supervisor. Scott indicated his opinion that Mr. Floyd had declared war on UCP and him, and he would not help him. Another former employee of UCP, Mr. Phelps, also recalls being told directly by Mr. Scott that if an investigator from the Division contacted him with questions about the company, he was not to answer them. In mid-June 2000, Officer Jim Routzahn of the Indian Shore Police Department conducted a routine traffic stop of William L. Scott. Mr. Scott got out of his vehicle wearing a uniform and badge and carrying a semi-automatic weapon. Scott's badge was in the form of a shield and not a star. Mr. Scott advised Officer Routzhan that he was the owner of a security company and was on official duty dropping off and picking up security officers. At the time, because Officer Routzahn received a high-priority call to go elsewhere, he gave Mr. Scott a warning and let him go. According to Mr. Floyd, a search of the records of the Division of Licensing fails to show any prior complaints against either UCP or either Mr. Scott. However, the records reflect William L. Scott was previously denied a license based on a conviction in Indiana. Mr. Floyd has known William L. Scott from when he, Mr. Floyd, was an investigator for another agency. During that former investigation, he found Mr. Scott to be very personable, helpful, and cooperative. Mr. Floyd, a retired Captain of Police from Tampa, considers this case to be serious because it involves the impersonation of a policeman. Based on his experience, "wanna-be's" constitute one of the biggest problems facing law enforcement, and even if the only issue here were related to the inappropriate use of colored lights on UCP's vehicles, he would still have filed an Administrative Complaint in this case.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of State, Division of Licensing, enter a Final Order revoking the Class "B" Security Agency License number B98-00127, the Class "D" Security Officer License number D93-19846, the Class "G" Statewide Firearms License number G94-03199, and the Class "ZB" Organization Officer Position, number ZB98-00179, all licenses held by William Larue Scott as President/Manager of Unlimited Crime Prevention, Inc., be revoked. It is further recommended that the Class "G" Statewide Firearms License number G97-01150, held by William Shane Scott be placed on probation for a period of one year under such terms and conditions as the Department may specify. DONE AND ENTERED this 24th day of May, 2001, 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of May, 2001. COPIES FURNISHED: Steve Bensko, Esquire Department of State The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Louis Kwall, Esquire Kwall, Showers & Coleman, P.A. 133 North Fort Harrison Avenue Clearwater, Florida 33755 Honorable Katherine Harris Secretary of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250 Deborah K. Kearney, General Counsel Department of State The Capitol, Lower Level 10 Tallahassee, Florida 32399-0250
The Issue Whether Petitioner's application for a license to carry concealed weapons or firearms should be granted by the Department of State, Division of Licensing (hereinafter referred to as the "Department")?
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: In November of 1988, following his entry of a guilty plea to the charge, Petitioner was convicted in the United States District Court for the Southern District of Florida of making a "false statement in obtaining a U.S. Passport, [in violation of] Title 18 USC 1542." He was "committed to the custody of the Attorney General of the United States or his authorized representative for confinement for a period of five (5) years and [given] a fine of $1,000.00." The "execution of said sentence of confinement," however, was suspended and Petitioner was "placed on probation for a period of two (2) years." Dave Todd was Petitioner's probation officer. Petitioner successfully completed his probation. On September 17, 1993, Petitioner submitted to the Department an application for a license to carry concealed weapons or firearms.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order denying Petitioner's application for a license to carry concealed weapons or firearms. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 20th day of April, 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 20th day of April, 1994.
The Issue Does Petitioner, Captain Ronald G. Beermunder, have standing to bring this action? Does the Division of Administrative Hearings (DOAH) have jurisdiction over this matter? Do the 2008 Firearms Instructor's Training Manual and the 2011 Certificate of Firearms Proficiency for Statewide Firearm License constitute agency statements that amount to a rule as defined in section 120.52(16), Florida Statutes (2014)?1/ If so, has the Division adopted the statements through the chapter 120 rulemaking procedure?
Findings Of Fact The Parties The Division licenses and regulates private investigative, security, and repossession services in Florida. §§ 493.6100 and 493.6101, Fla. Stat. Some Division licensees may bear firearms in the course of regulated activities. § 493.6115(2), Fla. Stat. A licensee who bears a firearm must also possess a Class "G" license. § 493.6115(2), Fla. Stat. An applicant for a Class "G" license must satisfy minimum training criteria for firearms established by statute and rule of the Department. The criteria include 28 hours of range and classroom training taught and administered by a Class "K" licensee. § 493.6105(5), Fla. Stat. Additionally, each Class "G" licensee must submit proof annually that he or she has received a minimum of four hours of firearms recertification training, also taught by a Class "K" licensee during each year of the license period. § 493.6113(3)(b), Fla. Stat. Captain Beermunder has been a licensed Class "K" firearms instructor since 2009. A Brief History of the Manual, the Certificate, and Rules Over the years, the Division has prepared various versions of a Firearms Instructor's Training Manual for Class "K" instructors to use when teaching Class "G" students. The Division has also prepared various versions of a Certificate of Firearms Proficiency for Statewide Firearm License for use by Class "K" instructors to certify a Class "G" student's completion of training. In 1996, the Division, housed, at the time, at the Secretary of State, incorporated the existing versions of the manual and the certificate in Florida Administrative Code Rule 1C-3.1000(6), now rule 5N-1.100. Over the following years, the Division prepared and relied upon various updated versions of the manual and the certificate, including the 2008 version of the Manual and the 2011 Certificate. It did not adopt these versions by reference in a rule. In the euphemistic words of Mr. Wilkinson, the assistant director of the Division, who took that position in 20113/: "Well, I have to acknowledge that my predecessors were not observant in their duties to update manuals and go through the proper rulemaking process." In 2014, after Captain Beermunder began his challenges to use of the 2008 Manual and the 2011 Certificate, the Department amended rule 5N-1.134. The amendment incorporated revised versions of the manual and the certificate as permitted by section 120.54(1)(h). The rule, as amended, became effective May 21, 2014. The Division stopped relying on the 2008 Manual on May 21, 2014, upon adoption of the 2014 version. On May 20, 2014, the Division sent all Class "K" instructors an "Important Notice," along with a compact disc (CD) containing an electronic version of the 2014 Firearms Instructor's Training Manual. The notice informed instructors of the changes to the 2008 Manual and that a supply of revised 2011 Certificates would be forwarded in June 2014. On June 25, 2014, the Division issued another "Important Notice" to Class "K" instructors, along with a supply of the newly adopted 2014 Certificates. It sent a second CD because the one sent in May contained typographical errors. The "Important Notice" informed Class "K" instructors that they could continue using the 2011 Certificate until their stock of certificates ran out. If an applicant submitted the 2011 Certificate, the Division would accept it. New Criminal Statute in 2013 and Investigation of Beermunder The Legislature amended section 493.6120, Florida Statutes (2012), in 2013 to make it a third-degree felony to knowingly possess, issue, sell, submit, or offer "a fraudulent training certificate, proficiency form, or other official document that declares an applicant to have successfully completed any course of training required for licensure under this chapter." § 493.6120(5), Fla. Stat.; Ch. 2013-251, § 6, Laws of Fla. The Division began investigating several Class "K" instructors, including Captain Beermunder, for violation of the new statute. The Division turned the investigation of Captain Beermunder over to the Department of Agriculture Law Enforcement unit. Investigator Padgett issued a probable cause statement that led to the State Attorney of Santa Rosa County charging Captain Beermunder with multiple felony violations. During the Department's investigation and determination of probable cause, the Division relied upon the 2008 Manual and the 2011 Certificate, neither of which were ever adopted as rules. Before this rule challenge hearing, Captain Beermunder entered a no contest plea to nine felony counts of issuing fraudulent certificates, reserving the right to appeal the ruling on a motion in limine raising an issue of whether charges relied upon an unpromulgated rule. The Division is acting against Captain Beermunder's license on the basis of his no contest plea. The nine counts of amended information that Captain Beermunder pled no contest to in criminal case no. 13001343CFMXAX charged him, using identical language except for the differing names of the applicants and different dates in 2013, with issuing a Certificate of Proficiency for the Security Officer G-License applicants when he "knew or reasonably should have known that the certificate, form, or document was fraudulent in violation of Sections 493.6120(7) and 493.6105(5), Florida Statutes." Section 493.6105(5) states among other things: In addition to the requirements outlined in subsection (3), an applicant for a Class "G" license must satisfy minimum training criteria for firearms established by rule of the department, which training criteria includes, but is not limited to, 28 hours of range and classroom training taught and administered by a Class "K" licensee; however, no more than 8 hours of such training shall consist of range training. Every one of the charges to which Captain Beermunder pled no contest were based upon issuing certificates of firearms proficiency fraudulently stating that the applicant had completed 28 hours of training. The Legislature established the requirement for 28 hours of training in 1997 when chapter 97-248, section 3, Laws of Florida, amended section 493.6105, Florida Statutes (1996), to raise the hours of training requirement to 28. The requirement has been in effect ever since. It was in effect when Captain Beermunder was first licensed in 2009.
The Issue This is a license discipline proceeding in which the Petitioner seeks to take disciplinary action against the Respondent on the basis of allegations set forth in a two-count Administrative Complaint in which the Respondent is charged with violations of Sections 493.6118(1)(j), 493.6106(1)(b), 493.6118(1)(t), and 493.6101(7), Florida Statutes.
Findings Of Fact The Respondent is a licensed security officer holding a Class "D" Security Officer License and a Class "G" Statewide Firearm License.1 On May 25, 1996, the Respondent was driving himself and his wife, Tracee Kinlock, to the home of the latter's brother. During the course of that drive an argument began on the subject of whether the Respondent had been seeing another woman. During the course of the argument, Ms. Kinlock became angry about the Respondent's refusal to discuss the subject and began hitting him on the arm and side. The argument continued to escalate, and eventually Ms. Kinlock became so upset that she insisted that the Respondent stop the car and let her get out. The Respondent refused to do so. Eventually, Ms. Kinlock took matters in her own hands and grabbed the gear shift lever and pushed it into the neutral or park position.2 The Respondent told Ms. Kinlock to take her hands off of the gear shift lever and made several efforts to pull her hands off of the lever, but Ms. Kinlock refused to move her hands and refused to release the gear shift lever. The Respondent became so angry or frustrated that he leaned over and bit Ms. Kinlock on the hand. He bit her hard enough to make her cry and release the gear shift. The bite did not draw blood, but it was sufficiently severe to leave visible marks and to cause the hand to swell. After biting Ms. Kinlock, the Respondent was able to put the car in gear and resume driving. When they arrived at the home of Ms. Kinlock's brother, Ms. Kinlock threw her wedding rings at the Respondent, got out of the car, and began walking rapidly towards her brother's home in an effort to get away from the Respondent. The Respondent chased after her, grabbed her from behind, and then swung his foot in a sweeping motion in such a way as to intentionally trip Ms. Kinlock and cause her to fall down. Ms. Kinlock fell to the ground, and the Respondent fell on top of her. Ms. Kinlock's brother immediately pulled the Respondent away from Ms. Kinlock and then restrained the Respondent while Ms. Kinlock went into the house. The police were called and shortly thereafter the Respondent was arrested and charged with the battery of Ms. Kinlock. The Respondent ultimately entered a plea of "no contest" to the charge of battery. Adjudication was withheld on the charge of battery.
Recommendation Pursuant to Rule 1C-3.113(2)(n), Florida Administrative Code, it is RECOMMENDED that Respondent's Class "D" Security Officer License and Class "G" Statewide Firearm License be revoked pursuant to Section 493.6118(2)(e), Florida Statutes. DONE AND ENTERED this 10th day of November, 1997, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH 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 10th day of November, 1997.
Findings Of Fact Ozell Barnes applied for a license as an armed and unarmed guard. He was granted an unarmed guard license. Barnes is employed as a caretaker/gardener at a nursing home for the elderly. Barnes' employer has no requirement for an armed guard, and Barnes' duties do not require him to be armed. Barnes is a remarkable man who, as a black deaf-mute, supports himself and his family in a regular competitive job. Because of his deafness, his written communication is often initially unclear to those not familiar with it; however, having met Mr. Barnes and having observed him during the hearing, the Hearing Officer finds that he is intelligent, well-oriented, and perceptive. Barnes qualified with a pistol; however, his instructor was not approved by the Department of State, Division of Licensing, as required by the statutes and rules. Barnes suffers from hypertension.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Petitioner's application for licensure as an armed guard be denied. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 21st day of December, 1979. 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 21st day of December, 1979. COPIES FURNISHED: W.J. Gladwin, Jr., Esq. Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Ozell Barnes 3009 Carver Street Fort Pierce, Florida 33450
Findings Of Fact The Department of State hereby adopts and incorporates herein by reference- the Findings of Fact in the Recommended Order.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department Of State, Division Of Licensing, enter a Final Order imposing a fine of $1,000. DONE and RECOMMENDED this 31st day of August, 1993 in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of August, 1993. APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-6780 To comply with the requirements of Section 120.59(2), Florida Statutes, the following constitute rulings on proposed findings of facts submitted by the parties. Petitioner The Petitioner's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows: Rejected. The evidence fails to establish that the certificate was signed by Moore, who did not testify at the hearing. Rejected. Not supported by the evidence. Neither Meyer nor Wiese testified at the hearing. (This ruling is related to the second proposed finding identified as "4".) Rejected. Not supported by the evidence. Neither Meyer nor Wiese testified at the hearing. Respondent The Respondent filed a letter containing unnumbered paragraphs which is treated herein as a proposed recommended order. The paragraph beginning "I TAKE EXCEPTION" is regarded as paragraph #1. The Respondent's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows: 1, 2. Rejected. The proposed finding is applicable to the weight of the testimony which clearly established that the witness received an inadequate level of instruction. 3. Rejected. The Respondent stipulated to the fact that Dale and Moore were in the same class. The stipulation was placed on the record. The Petitioner released Moore from testifying based on the stipulation. 4, 6-12. Rejected, irrelevant. COPIES FURNISHED: 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 Henri C. Cawthon, Esquire Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 DV's Security Guard School Stephen Paul DeVillo 10871 Ruden Road Fort Myers, Florida 33917-5513
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 In 1958 the Petitioner was arrested for illegally exporting arms from the United States. He was found guilty, fined, and placed on probation for a period of one year. The Petitioner failed to reflect this arrest and conviction in his application. The Petitioner is a Cuban. In 1958 he was working against the Batista government in Cuba, and it was in connection with that work that he was arrested and convicted. In 1961 the was involved in the Bay of Pigs invasion against the Castro government in Cuba. The Petitioner remains a citizen of Cuba, and he opposes all form of totalitarianism in his native country. It does not appear that the Petitioner's failure to reflect his 1958 arrest and conviction was an intentional act to mislead the Division of Licensing. The Petitioner has been working for approximately one year as an unarmed guard under a temporary permit. His employer believes him to be the best guard that he has in his employment.
