The Issue Whether the Department of State, Division of Licensing, should revoke Respondent's license to carry concealed weapons or firearms for the reason set forth in the Administrative Complaint, to wit: that "Respondent is ineligible for licensure pursuant to Sections 790.06(2)(d) and 790.23, Florida Statutes."
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: Respondent currently holds a concealed weapons or firearms license (license number W96-09874, effective June 14, 1996). On September 21, 1981, in the Superior Court of Cochise County, Arizona, Respondent was adjudicated guilty (based upon a guilty plea that he had previously entered) of two counts of forgery, a class 4 felony under the laws of the State of Arizona, and placed on probation for a period of three years under the supervision of the Cochise County Adult Probation Department. He had no prior criminal record at the time of his convictions. As a condition of his probation, Respondent was required to "pay restitution through the Adult Probation Department in the amount of $1,617.19, less the $350.00 payment he ha[d] already made, such amount payable in monthly installments of $100.00, beginning with the month of October 1981." On September 11, 1984, Respondent's probation was "extended for three (3) years to provide additional time for full payment of restitution." Respondent made such "full payment of restitution" on or about September 8, 1987. By court order issued September 24, 1987, Respondent was "discharged absolutely" from his probation. The order contained the following advisement: The defendant is advised that rights may be restored as provided in the following statutes: 13-912 Restoration of civil rights; automatic for first offenders. 2/ 13-905 Restoration of civil rights; persons completing probation 13-907 Setting aside judgment of convicted person upon discharge; making of application; release from disabilities; exceptions. 13-908 Restoration of civil rights in the discretion of the Superior Court Judge. Because he was a "first offender," Respondent was under the impression that, following his discharge from probation, he enjoyed the same rights that he had enjoyed prior to his convictions.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order revoking Respondent's concealed weapons or firearms license. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 3rd day of February, 1997. STUART M. LERNER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 3rd day of February, 1997.
The Issue The issues in this case are whether the allegations in the Administrative Complaint are correct, and, if so, what penalty should be imposed.
Findings Of Fact At all times material to this case, the Respondent was certified as a law enforcement officer by the Petitioner. On the evening of July 13, 2010, the Respondent was observed driving erratically by Deputy Mark Buswell, an officer of the Hillsborough County Sheriff's Office. After observing the Respondent driving for a distance, Deputy Buswell executed a traffic stop, at which time he smelled the odor of alcohol on the Respondent. In response to Deputy Buswell's inquiry, the Respondent denied having consumed alcohol. Deputy Buswell asked the Respondent to step out of the truck and observed that the Respondent was unsteady on his feet and swaying. Deputy Buswell then administered a series of sobriety tests to the Respondent. Based on his observations, and his training and experience as a law enforcement officer, Deputy Buswell believed that the Respondent had been driving under the influence of alcohol. Deputy Buswell arrested the Respondent for DUI, a violation of section 316.193, Florida Statutes (2010).1/ After the arrest, Deputy Buswell twice asked the Respondent to submit to a breath alcohol test, and, on both occasions, the Respondent declined to take the test. The Respondent had previously been arrested for DUI.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that that the Criminal Justice Standards and Training Commission enter a final order permanently revoking the certification of Derek C. Floyd as a law enforcement officer. DONE AND ENTERED this 2nd day of November, 2012, in Tallahassee, Leon County, Florida. S WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 2nd day of November, 2012.
Findings Of Fact Respondent's Class "D" Security Guard license expired on September 10, 1993. On or about October 29, 1993, Respondent was employed by Thoney Georges Investigations. During the period October 29 through November 2, 1993, Respondent performed the duties of a security officer after expiration of his Class "D" license. On November 3, 1993, Respondent renewed his Class "D" Security Guard license.
Recommendation Upon consideration of all of the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a Final Order be issued in this case concluding that the Respondent is guilty of having violated Section 493.6118(1)(g), Florida Statutes, and imposing the following penalty: issuance of a reprimand and imposition of an administrative fine in the amount of one hundred dollars ($100.00). DONE AND ENTERED in Tallahassee, Leon County, Florida, this 16th day of November 1994. 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 16th day of November 1994. COPIES FURNISHED: Kristi Reid Bronson, Esquire Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Mr. Letroy Altidor 12300 N.E. 4th Avenue, #323 Miami, Florida 33161 The 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
The Issue The question presented was whether the application of Julian L. Toler for a guard license should be granted or denied.
Findings Of Fact The record in this case reveals that the Division of Licensing, Department of State had indicated that it would deny Toler's application for a license on the basis that he had deliberately failed to reveal his arrest. Julian L. Toler is an applicant for a guard license issued by the Division of Licensing, Department of State. Toler filed his application, Exhibit 2, with the Division of Licensing, Department of State. Question 13 on that application asked "Have you ever been arrested?" with a box indicating yes and a box indicating no. Toler testified that he had checked the box no in response to question 13. The Department of State introduced evidence showing that Toler was arrested for unlawfully conspiring to violate the Internal Revenue Laws of the United States in 1939. Toler subsequently entered a plea of guilty to the charge and was placed on three months probation. Toler stated that he had not remembered the arrest and the entering of the plea when he filled out the application. The Department of State asked Toler to explain what appeared to be an arrest record in Ft. Pierce, Florida for passing a worthless bank check approximately 11 years ago. Toler explained that at that time he was the captain of a shrimp boat which was based in Carolina, and subsequent to the fishing season there he had moved the shrimp boat to Ft. Pierce, Florida where he continued fishing for shrimp. While there, the shrimp boat developed engine problems which he had repaired. The boat was owned by a company which employed Toler as captain of the boat. Toler had been given a blank check by the owner of the boat to use to cover any expenses. Toler used this check to pay for the repairs on the boat. Subsequently, he was contacted by a deputy sheriff and advised that the check was not good. Toler advised the deputy that he could not do anything about it at that time but that he would contact the owner of the boat and bring the money to the sheriff's department on the following Monday. On the Monday in question, Toler paid the money at the sheriff's office where he was photographed and fingerprinted. Toler stated that he did not feel that he had ever been arrested. The Department offered no evidence of arrest in Ft. Pierce. In his own behalf Toler introduced a letter from Marvin R. Self indicating that Toler had been employed with Self's company from 1973 until 1976 during which time he was a reliable and responsible employee. Mr. Self further states within his letter that he would not hesitate to vouch for Toler's honesty or character.
Recommendation Based upon the foregoing findings of fact and conclusions of law the Hearing Officer recommends that the Division of Licensing, Department of State issue a class F license to Julian Toler as an unarmed watchman, guard, or patrolman employee. DONE AND ORDERED this 21st day of July, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of July, 1978. COPIES FURNISHED: Julian Lloyd Toler 3041 South West 60th Avenue Ft. Lauderdale, Florida 33314 Gerald Curington, Esquire Assistant General Counsel Department of State New Capitol Building Tallahassee, Florida 32304 Marvin Sirotowitz, Bureau Chief Division of Licensing The Capitol Tallahassee, Florida 32304
