OIG Report On FLL

BROWARD OFFICE OFTII E INSPECTOR GENERAL
MEMORANDUM
To: tevcn Cernak, Chief Execut ive and Port Director, Port Everglades Department
Kent George, Aviati on Director, Broward County Offi ce Aviation Department
From: John W. coil, Inspector General 1/tj.S
Date: July3 1,2012
ubj ect: OIG Final Report Re: Vendor Knowingly Permitted Unlicensed Managers to
Oversee Security Services at Port Everglades and tlte Fort Lauderdale-Hollywood
Intemational Airport, Ref. 0/G 12-008
Attached please find the final report of the Broward Offi ce of the Inspector General (OIG)
regarding the above-captioned matter. The OIG investi gati on found that AlliedBarton ecurity
ervices LLC (AIIi edBarton), ), a vendor that provides security services at both Port Everglades
(the Seaport) and the Fort Lauderdal e- Holl ywood Internati onal Airport (the Airport), fail ed to
ensure that its top offi cials at the eaport and the Airport obtained lega ll y required li censes from
the Florida Department of Agri culture and Consumer ervices, Division of Licensing (DOL).
pecificall y, we determined that Alli edBartons Di stri ct Manager, Anne Mari e Cummings, and
Proj ect Manager, David Macedo, managed day-to-day security operations of li censed security
personnel at both the eaport and the Airport without possessing the proper li censes as required
by Fl orida law. The investi gati on also determined that AlliedBarton knew that Ms. Cummings
and Mr. Macedo were not li censed when they assigned them to manage security functi ons and to
direct the acti vities of li censed empl oyees at the eaport and the Airport.
The OIG stresses that the investi gati on found no fault with the day-to-day security efforts
provided by AlliedBarton at the Seaport and the Airport. ince Mr. Macedo is now
appropriately li censed, and Ms. Cummings is no longer with AlliedBarton, we do not
recommend any further acti on, and consider thi s matter closed.
Attachment
cc: Honorable John E. Rodstrom. Jr., Mayor, Broward County
and Members. Broward Board of County Commi ssioners
Bertha Henry. County Admini strator
Indi viduals previously provided a Preli minary Report (under separate cover)
John W. Scott. /11\pector General
One North Uni,crsit) Drive. Suite Ill Plantation. I- lorida 3332..J (95--1)357-7873 I a:-. 954-357-7857
'' \\ '' bro\\ ardig.org 954-357- II P

BROWARD OFFICE
OF THE INSPECTOR GENERAL

FINAL REPORT

===========================================================

OIG 12-008
JULY 31, 2012

Vendor Knowingly Permitted Unlicensed Managers to Oversee Security Services
at Port Everglades and the Fort Lauderdale-Hollywood International Airport

BROWARD OFFICE OF THE INSPECTOR GENERAL

OIG 12-008
July 31, 2012
Page 1 of 17
FINAL REPORT RE: VENDOR KNOWINGLY PERMITTED UNLICENSED MANAGERS TO
OVERSEE SECURITY SERVICES AT PORT EVERGLADES AND THE
FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT

SUMMARY
In May 2012, the Broward Office of the Inspector General (OIG) began an investigation into
allegations that AlliedBarton Security Services LLC (AlliedBarton), a vendor that provides security
services at both Port Everglades (the Seaport) and the Fort Lauderdale-Hollywood International
Airport (the Airport)including checkpoint security, patrol duty, opening of gates, checking
credentials and traffic controlfailed to ensure that its top officials at the Seaport and the Airport
obtained legally required licenses from the Florida Department of Agriculture and Consumer Services,
Division of Licensing (DOL).

The OIG investigation substantiated the allegations. We determined that AlliedBartons District
Manager, Anne Marie Cummings, and Project Manager, David Macedo, managed day-to-day security
operations of licensed security personnel at both the Seaport and the Airport without possessing the
proper licenses as required by Florida Statutes Chapter 493 (F.S. 493), which regulates the licensing of
private security agencies. The failure of AlliedBarton to ensure that Ms. Cummings and Mr. Macedo
were properly licensed represents not only misconduct, but a public safety concerna concern
summarized by the Florida Legislature as follows: unlicensed person[s] engaged in the private
security industr[y] are a threat to the welfare of the public if placed in a position of trust.

The investigation determined that AlliedBarton knew that Ms. Cummings and Mr. Macedo were not
licensed when they assigned them to manage security functions and to direct the activities of licensed
employees at the Seaport and the Airport. Richard Mullan, Vice President/General Manager for
AlliedBarton, and the companys top executive in Florida, told the OIG that he knew Ms. Cummings
and Mr. Macedo were not licensed when he assigned them their responsibilities, and he did so
becausein his opinionthe statute did not require either of them to be licensed. However, when
interviewed by OIG Special Agents, officials at the DOL stated that any individual scheduling security
guards or otherwise directing their day-to-day activities must be a licensed manager. In fact, Ms.
Cummings had applied for a Class D and Class MB license on three separate occasions, and each
time the DOL denied her application, in part because it concluded that she did not have the security
experience required to qualify for the licenses.

The OIG was also informed that AlliedBarton did not train its supervisory personnel in the
requirements of F.S. 493. Further, the DOL officials revealed that the company did not seek guidance
about the licensure requirements for managers until after it learned of the OIGs investigation.
1
The

1
On May 16, 2012, while the OIG investigation was underway, AlliedBarton terminated Ms. Cummings employment and
Mr. Macedo applied for his MB license, which he recently obtained.
FINAL REPORT RE: VENDOR KNOWINGLY PERMITTED UNLICENSED MANAGERS TO OVERSEE SECURITY SERVICES
AT PORT EVERGLADES AND THE FORT LAUDERDALE-HOLLYWOOD INTERNATIONAL AIRPORT

OIG 12-008
July 31, 2012
Page 2 of 17
DOL officials also advised that security agencies have a responsibility to be knowledgeable of the
statutes, but do not have the latitude to interpret the statutes unilaterally.

The OIG stresses that the investigation found no fault with the day-to-day security efforts provided by
AlliedBarton at the Seaport and the Airport. Nevertheless, when AlliedBarton failed to ensure that
Ms. Cummings and Mr. Macedo were properly qualified and licensed, it violated Florida law, and also
violated the terms of its $19.5 million contract (Contract) with the County, while unnecessarily
creating the potential for both a public safety risk and possible legal liability.
2

OIG CHARTER AUTHORITY

Section 12.01 of the Charter of Broward County empowers the Broward Office of the Inspector
General to investigate misconduct and gross mismanagement within the Charter Government of
Broward County and all of its municipalities. This authority extends to all elected and appointed
officials, employees and all providers of goods and services to the County and the municipalities.
On his own initiative, or based on a signed complaint, the Inspector General shall commence an
investigation upon a finding of good cause. As part of any investigation, the Inspector General shall
have the power to subpoena witnesses, administer oaths, require the production of documents and
records, and audit any program, contract, and the operations of any division of the County, its
municipalities and any providers.

The Broward Office of the Inspector General is also empowered to issue reports, including
recommendations, and to require officials to provide reports regarding the implementation of those
recommendations.

ENTITIES AND INDIVIDUALS COVERED IN THIS REPORT

AlliedBarton Security Services, LLC Inc.

AlliedBarton provides security services at various installations nationwide. AlliedBarton has more
than 55,000 employees and 120 regional/district offices located across the United States. In December
2010, Broward County awarded the five-year, $19.5 million Contract to AlliedBarton to provide
security at the Seaport and the Airport. The services AlliedBarton provides pursuant to the Contract
include providing security services at checkpoints, patrol duty, opening of gates, checking credentials
and traffic control, and providing security services for the buildings in which County offices are
located.

2
In the preliminary version of this report, the OIG noted that the DOL had requested that we forward it the final report so
that it could consider imposing sanctions against AlliedBarton. Because Ms. Cummings is no longer employed by
AlliedBarton and Mr. Macedo has now obtained his MB license, it appears that any basis for sanctions no longer exists.
Accordingly, the OIG will not be referring this matter for any further evaluation.

OIG 12-008
July 31, 2012
Page 3 of 17
Richard Mullan

Mr. Mullan is a Vice President/General Manager for AlliedBarton. Mr. Mullan is responsible for
directing all of AlliedBartons operational, financial and administrative functions in the state of
Florida. His office is located at AlliedBartons Deerfield Beach Branch Office.

Ann Marie Cummings

Ms. Cummings is a former District Manager for AlliedBarton
3
. She was District Manager from 2007
until AlliedBarton terminated her employment on May 16, 2012. As AlliedBartons District Manager,
she was responsible for all security operational services for the Seaport and the Airport. Ms.
Cummings reported directly to Mr. Mullan.

David Macedo

Mr. Macedo is the Project Manager for AlliedBarton. As AlliedBartons Project Manager, he is in
charge of AlliedBartons security operations at the Seaport and the Airport. Mr. Macedo manages
approximately 145 employees and is responsible for the day-to-day management activities that include
scheduling, performance evaluations, security quality assurance checks, and security post spot checks.
Until May 16, 2012, he reported to Ms. Cummings.

RELEVANT GOVERNING AUTHORITIES AND BACKGROUND

Port Everglades

The Seaport is one of South Floridas most important economic sites. It is the gateway for
international trade, cruise ships, and South Floridas main seaport for receiving refined petroleum
products that include gasoline, jet fuel and other forms of alternative fuels. It is also one of Florida's
leading container ports, with more than 4,200 ship calls annually. In 2011 it reported operating
revenues of approximately $139 million.

The Fort Lauderdale-Hollywood International Airport

The Airport is an international commercial airport located in unincorporated Broward County. The
airport is ranked 21st in the United States and serves more than 23 million passengers annually. It
offers approximately 268 daily flights to the US, Canada, Caribbean, and Latin America.

3
Ms. Cummings employment with AlliedBarton was terminated on May 16, 2012. She was terminated by Mr. Mullan
less than an hour after the OIG completed its interview of him. During that interview, Mr. Mullan had nothing but praise
for Ms. Cummings, describing her as an excellent employee who had received numerous awards for her outstanding work.
He further advised that once Ms. Cummings was able to obtain her manager license from the DOL, he would be able to
shift more accountability for the Deerfield Beach Branch Office to her.

OIG 12-008
July 31, 2012
Page 4 of 17
Chapter 493, Florida Statutes

F.S. 493 regulates the licensure of private security, investigative, and recovery industries. Sec.
493.6100 states:

The Legislature recognizes that untrained persons, unlicensed persons or businesses, or persons
who are not of good moral character engaged in the private security, investigative, and
recovery industries are a threat to the welfare of the public if placed in positions of trust.
Regulation of licensed and unlicensed persons and businesses engaged in these fields is
therefore deemed necessary.

F.S. 493.6101 Definitions:

(3) Licensee means any person licensed under this chapter.

(13) Manager means any licensee who directs the activities of licensees at any agency or
branch office

F.S. 493.6301 Classes of licenses:

(1) Any person, firm, company, partnership, or corporation which engages in business as a
security agency shall have a Class B license. A Class B license is valid for only one
location.

(3) Any individual who performs the services of a manager for a:

(a) Class B security agencyshall have a Class MB license. A Class M
licensee, or a Class D licensee who has been licensed for a minimum of 2 years,
may be designated as the manager, in which case the Class MB license is not
required.

F.S. 493.6303 License requirements:

(1) Each agency or branch office shall designate a minimum of one appropriately licensed
individual to act as a manger, directing the activities of the Class D employees [security
officers].

(2) An applicant for a Class MB license shall have 2 years of lawfully gained, verifiable,
full-time experience, or training in

(a) Security work or related fields of work that provided equivalent experience or
training;
(b) Experience described in paragraph (a) for 1 year and experience described in
paragraph (c) for 1 year;
(c) No more than 1 year using:

OIG 12-008
July 31, 2012
Page 5 of 17
1. Either college coursework related to criminal justice, criminology, or law
enforcement administration; or
2. Successfully completed law enforcement-related training received from any
federal, state, county, or municipal agency

(d) Experience described in paragraph (a) for 1 year and work in a managerial or
supervisory capacity for 1 year

The Contract: Security Guard Services for Fort Lauderdale/Hollywood International Airport and Port
Everglades RLI #R0821419R1

On December 7, 2010, the Broward County Commission awarded AlliedBarton the Contract to provide
security services at the Seaport and the Airport. The Contract calls for AlliedBarton to be paid a maximum
of $3,900,000 annually until September 20, 2013, at which time the County can opt to renew it for two one-
year periods, not to exceed five-years or $19,500,000. The Contract contains provisions requiring
AlliedBarton to ensure that all its personnel are properly licensed:

Article 3.4: Throughout the term of this Agreement, ALLIEDBARTON shall keep fully informed
of and comply with all federal, state, County and local lawsALLIEDBARTON, its
subcontractors, and their officers, agents and employees shall at all times observe and comply with
all such laws (Exhibit 1)

Article 5.1: Licenses. Prior to commencement of operations pursuant to this Agreement and
throughout the initial Term and any Renewal Term, ALLIEDBARTON shall secure and maintain
any and all permits and licenses; ensure that such permits and licenses list ALLIEDBARTON as the
permittee and/or licensee. (Exhibit 2)

Article 8.1: The performance of the services required under this Agreement shall at all times be
under the supervision and direction of an active, qualified competent local Project Manager, and
such other staff as may be necessary to act in the absence of the Project Manager, who shall at all
times be subject to the direction and control of ALLIEDBARTON. A Project Manager shall be
assigned to the Airport and Port and shall be available during normal business hours or other hours
as designated by the Aviation Department and Port Department. (Exhibit 3)

Florida Department of Agriculture and Consumer Affairs, Division of Licensing

The DOL is responsible for the issuance and denial of licenses. The DOL receives and examines
licensing applications for statutory compliance and verifies the applicant's eligibility for licensing
through former employers, educational facilities and the examination of criminal history records.

INVESTIGATION

This investigation is predicated on information alleging that AlliedBarton assigned two top security
management officials to direct activities of security officers and to provide project oversight at the Seaport
and the Airport, knowing that those managers did not have the security licenses required by F.S. 493. The
OIG investigation substantiated the allegation.

OIG 12-008
July 31, 2012
Page 6 of 17
The investigation involved the review of substantial documentation by OIG Special Agents including, but
not limited to, F.S. 493; the Contract; Request for Letters of Intent No. R0821419R1; contract bid records,
licensure application instructions, and a licensing database maintained by the DOL; DOL Case Information
reports that applied F.S. 493; and business and personnel records of AlliedBarton. OIG Special Agents also
conducted interviews of witnesses including Mr. Mullan, Ms. Cummings, Mr. Macedo, DOL officials, and
County officials responsible for overseeing security at the Seaport and the Airport.

OIG Review of the Licensing Process and AlliedBartons Failure to Comply with F.S. 493 and the
Contract

The OIG determined that AlliedBarton possessed a Class B license and was therefore permitted to provide
security services at the Seaport and the Airport. However, neither Ms. Cummings nor Mr. Macedo, the two
managers AlliedBarton assigned to handle security matters at the Seaport and the Airport, possessed an
MB license. In fact, they did not even possess a Class D license, which is required for security guards.
4

1. AlliedBarton was Required by Florida Law and the Contract to Ensure that its Security
Managers were Properly Licensed

The OIG substantiated that Ms. Cummings and Mr. Macedo were perform[ing] the services of a
manager for a Class B agency at the Seaport and the Airport and were therefore required to have
specific licenses pursuant to F.S. 493. In addition, Mr. Mullan, Ms. Cummings and Mr. Macedo
were required to annually execute employee ethics forms wherein they acknowledged
AlliedBartons commitment to compliance with all laws, regulations, and guidelines, and that they
were subject to discipline for failing to detect non-compliance with legal requirements. (See
samples attached as Exhibit 7).

a. Anne Marie Cummings

A review of information provided by AlliedBarton indicates that Ms. Cummings job duties
included overseeing and managing all administrative and operational functions.
Operational functions include scheduling, recruiting and training for the district.
5
During
her interview with OIG Special Agents, Ms. Cummings stated that in 2007 she became a

4
As part of the investigation, OIG Special Agents consulted at length with Fred Speaker, Investigator Supervisor (IS), and
George Mamak, Field Investigator (FI), of the DOLs West Palm Beach Regional Office (which includes oversight of
Broward County), both of whom stated that all individuals involved in security operations are required to be properly
licensed. See emails attached as Exhibit 4 and Exhibit 5, the latter of which was directed to AlliedBarton, but forwarded to
the OIG. (We have included these exhibits, and identified the DOL officials by name, in response to AlliedBartons
suggestion in its discretionary response that the OIG merely conducted informal discussions with unnamed DOL
officials. The OIG interviews of the IS and the FI are summarized below, as they were in the preliminary version of this
report). The OIG also reviewed several DOL Case Information reports, one of which is attached as Exhibit 6. In that
report, the DOL found that a manager and his supervisor at a nuclear power plant, two-levels removed from the security
guards, were both required to maintain manager licenses.
5
Ms. Cummingss brief biographical information that was posted on AlliedBartons website described her as District
Manager Broward and Ft. Lauderdale with responsibilities including operational oversight and delivery of services to
her clients in the Broward/Ft. Lauderdale area. The website further stated that as part of her area of responsibility, she
oversees the Port Everglades/Ft. Lauderdale Airport. (Exhibit 8)

OIG 12-008
July 31, 2012
Page 7 of 17
District Manager at AlliedBartons Deerfield Beach Branch Office and took over security
responsibilities that included overseeing security operations. She added that her primary
role was to supervise field managers who managed the day-to-day security operations of
their designated locations and to meet with clients to ensure that AlliedBarton was meeting
all their security service needs. The Broward County Deputy Port Director (DPD) advised
OIG Special Agents that if Mr. Macedo was unavailable, he would contact Ms. Cummings.
He added that he recently contacted Ms. Cummings to get additional security guards to
address a fire alarm issue that had arisen in a secured area.

Ms. Cummings attempted without success to get a security license from the DOL on at
least three occasions between 2007 and 2011. (See DOL summary letter, attached as
Exhibit 9). First, Ms. Cummings applied for a Class D license on or about January 11,
2007 and was denied licensure because she failed to provide a legible set of fingerprints in
a timely manner after being notified by the DOL. Second, Ms. Cummings applied for a
Class MB license on or about May 6, 2010 and was denied licensure because she did not
hold a Class D license, and because the DOL determined that she did not have the
requisite security experience. (See June 22, 2010 DOL letter, attached as Exhibit 10).
Third, Ms. Cummings again applied for a Class MB license on or about September 1,
2011 and was again denied licensure because she did not hold a Class D license, and the
DOL was unable to verify her security experience.

Ms. Cummingss supervisor, Mr. Mullan, stated that Ms. Cummings was an excellent long-
term employee who had won numerous awards and was formerly a vice-president, but had
been demoted due to company downsizing after the loss of a state contract. He stated that
Ms. Cummings was kept on as a manager in order to keep her with the company.

b. David Macedo

Mr. Macedo had no licensure pursuant to F.S. 493 and had not submitted an application
with the DOL as of the issuance of the preliminary report. Mr. Macedo disclosed to
AlliedBarton on his employment application that he did not have a security guard license
(Exhibit 11), but was hired and assigned as the Project Manager for the Seaport and the
Airport projects in Broward County. During an interview with Special Agents of the OIG,
Mr. Macedo stated he was the Project Manager for the security projects at the Seaport and
the Airport. Mr. Macedos job description also indicates that he manages security officers
on-location. He stated that he manages approximately 145 AlliedBarton employees at the
Seaport and the Airport, and the OIG determined most of those employees are licensees. Mr.
Macedo also stated that as Project Manager, he is accountable for the day-to-day operations of
an assigned account, including hiring, training, disciplining and terminating staff.

Although Article 8.1 of the Contract plainly states the requirement that the Project Manager be
competent and qualified, AlliedBarton placed Mr. Macedo onsite at the Seaport knowing he was
not licensed to manage regulated activities of AlliedBarton licensees. Additionally, the Seaport
and the Airport components of AlliedBartons scope of work were responsibilities of Mr.
Macedo, who only visited the Airport about once every two months.

OIG 12-008
July 31, 2012
Page 8 of 17
2. AlliedBarton Knowingly Permitted Unlicensed Managers to Supervise Security
Operations

According to AlliedBarton, Ms. Cummings and Mr. Macedo were in positions subordinate to
Mr. Mullan, who holds an active M license which expires in June 2013. Mr. Mullan informed
OIG Special Agents that he is the sole manager in charge of oversight for all AlliedBarton
security services operations at the Seaport and the Airport. He also admitted that he knew that Ms.
Cummings and Mr. Macedo did not possess security licensesand in the case of Ms.
Cummings, that her requests to obtain them had been repeatedly deniedbut stated his belief
that they did not need to be licensed because they worked at his direction and under the authority of
his M license, and had no security duties themselves.

F.S. 493 requires that at least one properly licensed individual direct the activities of the security
officers. However, Mr. Mullan admitted to OIG Special Agents that he does not direct the activities
of the Class D security officers at the Seaport or the Airport, and he stated that he has infrequent
contact or interaction with the daily activities on that project.

AlliedBartons Area Human Resource Manager stated during an interview with the OIG that
she was aware that Ms. Cummings and Mr. Macedo did not have security officer or security
manager licenses. She also advised that she was aware that Ms. Cummings had been denied
licensure on several occasions because of illegible fingerprints and the fact that Ms. Cummings
lacked the required security experience.

3. AlliedBarton did not Undertake Reasonable Due Diligence to Comply with Licensing
Requirements

a. Failure to provide training

During their interview with OIG Special Agents, Ms. Cummings and Mr. Macedo both
stated that they had not been trained or provided any information about the requirements of
F.S. 493. Specifically, Ms. Cummings stated that she was not knowledgeable of the
requirements of F.S. 493 and only heard about the statute during her interview with the
OIG. Mr. Macedo stated that since being employed as a Project Manager, no one from
AlliedBarton or the County advised him that he needed a security license to manage the
regulated activities of licensees.

The OIG also determined that in 2011, there were licensing issues regarding some of
AlliedBartons D licensees. (See DOL case information summary finding that seven
AlliedBarton security officers performed security services while their D licenses were
suspended, attached as Exhibit 12). In addition, DOL personnel also confirmed to OIG Special
Agents that another investigation, identified in a DOL filing (Exhibit 13), has found that
AlliedBarton security officers had failed to comply with DOL training requirements, although a

OIG 12-008
July 31, 2012
Page 9 of 17
final report has not yet been issued.
6
All of the security officers identified in both investigations
are employed by AlliedBartons Deerfield Beach Branch Office.

When questioned about the DOL investigation referenced in Exhibit 13, Ms. Cummings
stated that Mr. Mullan had been aware of that investigation since as early as March 2012,
and had cited the existence of it as a reason for her termination.
7
In addition, Ms.
Cummings stated that it was her understanding that as a result of the investigation,
AlliedBarton was fined $750 for failure to submit proof that several of is security officers
had completed the training needed to maintain their Class D licenses.

Failure to maintain awareness of statutory license requirements

The Contract requires that AlliedBarton remain fully informed of statutory license
requirements. Nonetheless, it appears thatprior to the OIG investigationAlliedBarton
made no attempt to inquire about the managerial licensure requirements. Mr. Mullan stated
that he interpreted the word manager, as used in F.S. 493, to mean an employee who
performed a security function. In Mr. Mullens opinion, if a manager did not act as a
security guard, as in the case of Ms. Cummings and Mr. Macedo, there was no need for
them to obtain a security license, despite the fact that they were directing security officers.

As a part of the investigation, OIG Special Agents interviewed DOL officials who
unequivocally stated that any personnel involved in the day-to-day operations of security
services, from corporate directors down to the security officers, are required to possess the
appropriate licensure per F.S. 493. The DOL officials also stated that a security agency
such as AlliedBarton is required to be aware of, and comply with, all the components of
F.S. 493.

4. The DOL Director Has Stated that the Activities of Security Personnel Must be Overseen
by Licensed Individuals

Before it submitted its discretionary response to the preliminary version of this report to the
OIG, the County sought an opinion from the DOL Director (Director) that an AlliedBarton
project manager need not be licensed because AlliedBartons office space at the Seaport and
the Airport does not constitute a branch office. (See County Administrators July 9, 2012
letter to the Director, attached to the Countys discretionary response at Appendix A) We note
that the County framed its query in a manner that conditioned the application of F.S. 493 upon
a determination of whether the AlliedBarton offices at the Seaport and the Airport were branch
offices, despite the fact that the OIG has never maintained that they were. Instead, we have
made clear that our concern is that Ms. Cummings and Mr. Macedo had to be licensed because
they were overseeing the regulated daily activities of AlliedBarton onsite security personnel
and Mr. Mullanby his own admissionwas not.

6
The July 2, 2012 letter from DOL that AlliedBarton attached to its discretionary response also notes that [a]dministrative
action is currently pending against the B license held by the Deerfield Beach Branch Office.
7
In his interview, Mr. Mullan denied any knowledge of the DOL investigation.

OIG 12-008
July 31, 2012
Page 10 of 17
In his response letter (also attached at Appendix A), the Director agreed that the Allied Barton
office space did not constitute a branch office, so that it does not need to be separately
licensedas is the AlliedBarton Deerfield Beach Branch Officeand did not require the
designation of a licensed individual to act as a manager. However, the Director then
confirmed the OIGs finding that under F.S. 493, if an individuals responsibilities include the
oversight of security activities, that individual must be licensed. The Director stated that:

While AlliedBarton may not have to designate a manager to oversee a branch office in
this particular instance, the agency cannot relinquish its responsibility to provide
adequate direction and control to the armed personnel providing security services to the
Fort Lauderdale-Hollywood International Airport and Port Everglades, two high-profile
critical infrastructure facilities. A site supervisor responsible for overseeing the day-to-
day activities of security personnel must still be licensed in accordance with the
requirements of the law. (Emphasis added)

My immediate concern, therefore, is for AlliedBarton to have a properly licensed site
manager providing proper command and control to personnel carrying out the security
functions at the airport and seaport. To that end, I have expedited the processing of Mr.
David Macedos Class MB Security Agency Manager License.

INTERVIEW SUMMARIES

As a part of the investigation, OIG Special Agents conducted numerous witness interviews. Significant
interviews are summarized below:

1. Interviews of DOL Officials

The DOL Investigative Supervisor (IS) and Field Investigator (FI) both stated that any
personnel involved in the business of providing security services, from the officers and
directors on down to the security officers, are required to possess the appropriate licensure per
F.S. 493. The IS further stated that if employees of a security company manned a post,
supervised regulated activities, scheduled regulated activities, screened applicants, were
involved in hiring or firing decisions or evaluated licensees performing regulated activities,
they would definitely be required to have the proper licensing. The IS stated that the intent of
the statute is clear in that corporate officers, who may never stand a post or even visit a site, are
required to go through a background check and have proper licensing. The FI stated that
security companies sometimes attempt to circumvent the requirement to ensure proper
licensure of managers, and that AlliedBarton would definitely have known that their managers
required M or MB licenses. The IS opined that it is illogical for a company to conclude
that an on-site or district manager would be excluded from the requirements of the law.

The IS verified that the last audit of AlliedBartons Deerfield Beach Branch Office occurred in
2005. The IS stated that recentlyafter the onset of the OIG investigationrepresentatives of
AlliedBarton asked the DOL about the requirements for managers to be licensed.


OIG 12-008
July 31, 2012
Page 11 of 17
2. Interview of Richard Mullan

Mr. Mullan stated that he was aware that Ms. Cummings had submitted applications for
manager licenses on several occasions and was rejected. Mr. Mullan also stated that he sets
goals for all of his managers and one of the goals he set for Ms. Cummings was to obtain her
licenses in accordance with F.S. 493. He further stated that he wanted her to get her licenses
because he wanted her to be the manager of the Deerfield Beach Branch Office. Mr. Mullan
stated that Ms. Cummings was an excellent long-term employee who had received numerous
awards for her outstanding work and that when she was able to obtain her manager license, he
would be able to shift the accountability for the Deerfield Beach Branch Office from himself to
her.

Mr. Mullan stated that Mr. Macedo, whom he personally recruited, is a qualified and capable
person for the duties he is assigned. Mr. Mullan described the position of Project Manager as
an overhead position, and that Mr. Macedo was not required to be on site at the Port, but that
AlliedBarton provided a Project Manager on-site because it was a more efficient way to deliver
services. Mr. Mullan also admitted that he had always been aware that Mr. Macedo did not
possess a license pursuant to F.S. 493, but stated that Mr. Macedos previous tenure as an
officer with the U.S. Coast Guard provided sufficient qualifying experience.

Mr. Mullan stated that he interpreted the word manager as used in F.S 493 to be limited to an
employee who served a security function. He further stated that a manager would only be
required to be licensed if he had security-related duties, and that in his opinion, F.S. 493 did
not require every agency manager or overhead official to be licensed. Mr. Mullan also stated
that DOL officials concurred with his opinion, although he later admitted that they had never
rendered such an opinion to AlliedBarton or personally to himself. Instead, Mr. Mullan stated,
he concluded such concurrence from the fact that prior DOL audits had not flagged the issue.
8

Regarding AlliedBarton managers obtaining M, MB, D or G licenses, Mr. Mullan
stated that it would be problematic for AlliedBarton to have multiple managers, as those with
manager level licenses, per F.S. 493, would have signing power, thereby permitting
managers to vouch for persons applying for D licenses. When asked if the issue being
problematic regarding managers had to do with statutory requirements or company-related
issues, Mr. Mullan stated that the State makes the determination of manager requirements.
Mr. Mullan then stated that in his opinion, the AlliedBarton job title of manager was not
associated with the intent of F.S. 493.

Mr. Mullan stated that since AlliedBarton began providing security services at the Seaport and
the Airport in February 2011, he has visited the Port 15 to 20 times to meet with the Security
Manager at the Port (SMP) and Mr. Macedo. When asked if those visits included providing
supervision or direction of AlliedBarton employees, Mr. Mullan replied that he would observe
AlliedBarton security employees at the entry gates while entering the port and in other areas

8
As noted above, the last DOL audit of AlliedBarton was in 2005, at least five years before it entered into the Contract
with the County.

OIG 12-008
July 31, 2012
Page 12 of 17
during his visits. When Mr. Mullan was asked if he had ever visited the Airport security
operations, he stated that I fly out of that airport all the time on business, but thereafter
admitted that he had never performed official business tasks at the airport, such as checking in
on security officers during their work shifts.

3. Interview of Anne Marie Cummings

Ms. Cummings stated that she began employment with AlliedBartons predecessor, Barton
Protective Services (BPS), in 1994 as a human resource manager. At that time, BPS provided
security services and toll plaza station customer service. Before working for BPS, Ms.
Cummings worked for Floridas Department of Transportation Toll Service as an assistant
manager at the Lantana toll plaza station.

Ms. Cummings stated that in 2004, BPS was acquired by Allied Security Inc. and subsequently
became AlliedBarton. She further stated that in 2007 she became District Manager at
AlliedBartons Deerfield Beach Branch Office and took over security responsibilities that
included overseeing security operations. Ms. Cummings stated that she was able to turn
around that office, which had previously encountered administrative problems, because she
was a problem fixer, and had earned several awards for doing so. She stated that Mr. Mullan
was the type of manager who wanted things done quickly, but she was not that type of
manager, she needed to fully understand her assignment before making any decisions.

Ms. Cummings stated that as District Manager she had no direct involvement with security
guards. Her primary role was to supervise the field managers who managed the day-to-day
security operations of their designated locations and to meet with clients to ensure that
AlliedBarton was meeting all their service needs. Ms. Cummings stated she did not have a
security license, but had attempted to obtain one on three separate occasions. Ms. Cummings
stated that on two occasions she was denied a Class MB license because she did not have
twelve months of security experience. She was also denied a Class D license on another
occasion because her fingerprints were unreadable when she submitted them to the DOL. Ms.
Cummings stated when she submitted her fingerprints to DOL last year she took it a step
further and asked the Hallandale Beach Police Department (HBPD) to write a letter along with
her set of fingerprints that confirmed that those were her fingerprints. She added that her
fingerprints were legible when taken by the HBPD.

Ms. Cummings stated that she told the DOL that she was a security district manager who was
responsible for managing security personnel who directly supervised security guards and at
times, when those security managers were unavailable, would direct and deploy security guard
personnel if the client needed immediate help or redeployment of security officers. She added
that DOL still required that she have twelve months of security experience before providing
management of Class D licensees performing regulated activities.

Ms. Cummings stated that Mr. Macedo was a great worker who was passionate about his job,
and that she had plans for his career development, namely, for him to have a mini district
within the Port. She admitted that she knew Mr. Macedo did not have a license.


OIG 12-008
July 31, 2012
Page 13 of 17
Ms. Cummings was asked if she was aware of an investigation conducted by the DOL. She
stated that she was aware of the investigation and that it was initiated approximately two
months earlier. She added that the investigation made her very nervous, as the office had never
been audited or investigated while she was District Manager. Ms. Cummings stated that the
day before the OIGs interview with Mr. Mullan, she was advised Mr. Mullan wanted to meet
with her following his own OIG interview. She stated that she texted his administrative
assistant to inquire about the nature of the meeting and if she should be concerned, and was
surprised when the administrative assistant did not respond to her text message. She described
associating a directive by Mr. Mullan that she not meet with OIG Special Agents, and the
refusal of the administrative assistant to respond to her text, to mean that her pending meeting
with Mr. Mullan was not going to be positive.

Ms. Cummings stated that during the meeting, Mr. Mullan told her she was being terminated as
a result of findings in a recent DOL audit which resulted in AlliedBarton being fined $750 for
its failure to submit proof that several of its employees had completed the training required to
maintain their Class D licenses. She stated that she was terminated mere minutes after OIG
Special Agents completed their interview of Mr. Mullan. She further stated that she felt like
the fall guy. Ms. Cummings stated that she was aware of past internal audits which reviewed
for verification of licenses and certification training hours in which AlliedBarton had failed
miserably.

4. Interview of David Macedo

Mr. Macedo stated that he started working for AlliedBarton in January 2011, and was
AlliedBartons Project Manager for security projects at the Seaport and the Airport. He
described his duties as including managing 145 employeesa number of whom were
responsible for check point security for two gates at the Airportas well as handling payroll,
scheduling, making performance evaluations, conducting security quality assurance checks,
and conducting security post spot checks. He stated that he reported directly to Ms.
Cummings, and indirectly to the SMP. He admitted that he did not have any type of security
license and recalled that he had even documented that on his application, but that no one at
AlliedBarton had said anything about it.

Mr. Macedo stated that in the event of a catastrophic emergency he would direct security
guards in performing any escalated emergency procedures. Mr. Macedo further stated that he
would direct security personnel with the assistance of an AlliedBarton security captain who
works at the Seaport, but that he was the only Project Manager for AlliedBarton at both the
Seaport and the Airport.

5. Interviews of County Officials

The DPD stated that he reviewed the Contract with AlliedBarton and applicable security
agency statutes the night before his interview and that, based on his review, the Project
Manager was not required to have a license, but was required to have adequate experience.
He further stated that he knew Mr. Macedo had the experience to be the Project Manager
because he had interviewed Mr. Macedo for a County security position in 2007. The DPD

OIG 12-008
July 31, 2012
Page 14 of 17
admitted that he knew Mr. Macedo was unlicensed, but reiterated that based on Mr. Macedos
resume and his past experience, he deemed Mr. Macedo to be experienced and qualified.

The SMP stated that his duties included overseeing the Contract and that he reported to the
DPD. He also stated that the Contract calls for security officers to have D and G licenses
in accordance with DOL requirements. The SMP stated that, per a contract requirement,
AlliedBarton must provide at least ten percent of its workforce with a G license. The SMP
further stated that a G license allows for security officers to carry a weapon, if directed by
the Port Director. The SMP added that armed security officers are used when foreign nationals
deliver shipments and cannot enter secured areas without an escort. The SMP also stated that
armed security officers would be placed to monitor critical areas of ship loading and unloading
areas if needed. The SMP stated that he did not know if Ms. Cummings had a license, but
stated that she has a Port and an Airport badge, which reflected that a background check had
been performed.

The SMP stated that he was not very familiar with the content of F.S. 493 regarding the
regulation of private security services. While discussing licensing requirements for
AlliedBarton managers, the SMP stated that information on that issue would need to come from
Port managers above his level or from the County attorney who reviewed the contract. The
SMP stated that it was not his responsibility to know the statutes and whether or not
AlliedBarton managers were properly licensed, as that information was to have been fleshed out
by attorneys and the selection committee prior to award of the contract. He added that
AlliedBarton is a large company and they should be qualified to do this work.

The SMP stated that he was not aware of any provisions which would allow the on-site
manager for AlliedBarton to perform his duties without the licenses required by F.S. 493.
However, he opined, maybe David [Macedo] is able to work under the license of his
supervisor, Ann Marie Cummings. After OIG Special Agents showed the SMP documentation
indicating that Ms. Cummings had applied three times for licenses and those applications had
been denied, he stated that he was unaware that she was unlicensed and pledged to follow-up
on that issue.

The Security Manager at the Airport (SMA) stated that his point of contact at Allied Barton for
any security-related issues is Mr. Macedo. He also stated that in the early stages of the
Contract he typically spoke to Mr. Macedo once a month via telephone, but that they do not
communicate as regularly now. The SMA stated that he rarely communicated with Ms.
Cummings, and has never seen Mr. Mullan at the Airport for business reasons. He also stated
that he attended a May 21, 2012 meeting regarding the Contract, during which AlliedBarton
representatives had requested additional office space, additional vehicles, salary rate changes,
raising the ceiling for the Contract to $4.9 million per year, and other additional needs. The
SMA admitted that he provided no oversight to ensure that AlliedBarton was adhering to the

OIG 12-008
July 31, 2012
Page 15 of 17
requirements of the Contract.
9
The SMA further stated that being in that meeting this week
made me realize that I need to be more involved in this contract.

RESPONSES TO THE PRELIMINARY REPORT AND OIG COMMENT

In accordance with Section 12.01(D)(2)(a) of the Charter of Broward County, a preliminary version of
this report was provided to AlliedBarton, Richard Mullan, Anne Marie Cummings, David Macedo,
and the Broward County Administrator for their discretionary written responses. The OIG received
responses from the County Administrator, AlliedBarton, and Ms. Cummings, which are attached and
incorporated herein as Appendix A through C, respectively. We appreciate receiving the responses.

1. Response of the County Administrator

In her response, the County Administrator stated that the Seaport and the Airport are major
economic engines, the protection of which is one of Broward Countys highest priorities. She
stated that she disagreed that the facilities or the publics security was ever compromised or
placed at risk. She further stated that County officials responsible for overseeing the Contract
provided adequate oversight of AlliedBartons performance.
10

The County Administrator stated that based on competing interpretations of F.S 493, the County
wrote to the Director for guidance. She appended a letter from the Director to her discretionary
response, in which the Director found, in partas previously addressed abovethat because
AlliedBarton was not operating a branch office at the Seaport and the Airport, it did not need to
designate an appropriately licensed individual to act as a manager. She also stated that absent the
OIGs identification of Class D licensing issues regarding AlliedBarton employees at the Seaport
and the Airport, she was unaware of any training deficiencies. Finally, the County Administrator
noted that based on the response from the Director, and since the DOL has now issued an MB
license to Mr. Macedo, she was satisfied with AlliedBartons performance under the contract.

2. Response of AlliedBarton

In its response, AlliedBarton stated that at all times, it has been in compliance with the Contract
and the requirements of F.S. 493 since (1) Ms. Cummings and Mr. Macedo did not have
managerial duties as the statute defines that term, and (2) the statute only required that Mr.
Mullan hold the required manager license, which he did at all times. It also stated that the OIGs
allegation that millions of persons were at risk because of Mr. Macedos role in the security of

9
The preliminary version of this report incorrectly stated that the SMA admitted that the County, rather than he
personally, had provided no oversight. The OIG acknowledges its error.
10
In the preliminary version of this report, the OIG articulated concerns that because the DPD, SMP, and SMA did not
appear to be knowledgeable of the application of F.S. 493, the County was not equipped to fully ensure AlliedBartons
performance under the Contract, although we made no findings of mismanagement. In her discretionary response, the
County Administrator represented that an additional official, the Airport Security Director, is very familiar with the
requirements of F.S. 493. Although he was not identified to the OIG by County officials during the interview process as
having a role in the administration of the Contract, we accept the Countys representation and are thus satisfied that it did
not provide inadequate oversight of AlliedBartons performance.

OIG 12-008
July 31, 2012
Page 16 of 17
the Seaport was irresponsible. It further stated that both Ms. Cummings and Mr. Macedo had
undergone extensive security checks which exceeded the requirements of F.S. 493.

AlliedBarton complained that the OIG made incorrect interpretations of the application of F.S. 493
based on information it received wholly from unnamed DOL officials (whom the OIG has now
identified by name in a previous section of this report). It stated that Ms. Cummings duties did
not include any managerial responsibilities under the statute, and that although Mr. Macedo was
also not a manager as defined by the statute, his position supplemented the required manager
position based on his years of security-related experience. It further stated that although not
required to do so, Mr. Macedo was instructed to obtain a license because AlliedBarton is
committed to acting as a partner with the County in executing the Contract. The discretionary
response also appended a copy of the DOLs 2005 compliance inspection report for AlliedBartons
Deerfield Beach Branch Office, and cited it for the proposition that all of AlliedBartons
employees were properly licensed.

At the outset, we note that both the County and AlliedBarton expressed concern about the OIGs
identification of the licensing issues as a public safety risk. We repeat that the OIG found no
issues with the day-to-day security efforts provided by AlliedBarton. Nonetheless, the Florida
Legislature has unequivocally deemed unlicensed security activity to be a threat to the welfare of
the public. In this instance, the unlicensed security activity occurred at facilities which the County
Administrator referred to as two critical County facilities.

AlliedBarton also joined the County in contending that their offices at the Seaport and the Airport
are not branch offices, thus obviating the need for Ms. Cummings and Mr. Macedo to obtain
managerial licenses. Instead, both AlliedBarton and the County persist in maintaining that only an
individual who directs activities in a branch officeto wit, Mr. Mullanrequires a managerial
license. The OIG disagrees. We need look no further for confirmation of our assessment than the
unambiguous declaration of the Director that a site supervisor responsible for overseeing the day-
to-day activities of security personnel must still be licensed in accordance with the requirements of
the law. Mr. Mullen, Ms. Cummings and Mr. Macedo, as well as several County officials,
confirmed that Ms. Cummings and Mr. Macedo were involved in various oversight functions of
day-to-day security activities. In particular, Mr. Macedo stated that in the event of a catastrophic
emergency he would direct security guards in performing any escalated emergency procedures. In
addition, Mr. Mullan admitted that he did not oversee the day-to-day activity of licensed security
guards, and that he was rarely onsite, so that his managers license would not satisfactorily address
the concerns expressed in the statute, and reiterated by the Director. In light of these facts, it is not
surprising that the Director expedited the processing of Mr. Macedos Class MB license.

The OIG is not familiar with all of the requirements of the background checks referenced by
AlliedBarton, but we presume they were administered for all Seaport and Airport personnel. We
do know, though, that Ms. Cummings applied for an F.S. 493 license on three occasions; that her
application was rejected by the DOL each time; and that on one occasion, the DOL specified that
the rejection was based on the fact that Ms. Cummings did not have the required security

OIG 12-008
July 31, 2012
Page 17 of 17
experience.
11
The evidence shows that AlliedBarton was aware that the DOL had rejected her
applications. In the same vein, the evidence also shows that AlliedBarton has been aware that,
dating back to 2011, the DOL has raised issues with the licensing of numerous AlliedBarton
Deerfield Beach Branch Office employees, and that it is currently contemplating additional
administrative action against AlliedBartons Class B license. For these reasons, as well as the
fact that AlliedBarton was not awarded the Contract until December 2010, the reliance placed by
AlliedBarton attorneys on the DOLs 2005 compliance inspection report is inapt.

3. Response of Ann Marie Cummings

In her response, which was provided in the form of a series of email communications, Ms.
Cummings stated that Mr. Mullan had not actually advised her that she was being terminated due
to the investigation and the $750 fine, but rather that is what I thought was the reason why I was
released. Instead, she stated, Mr. Mullans exact words to her were that he want[ed] to make a
change. She further stated that there was no discussion whatsoever about this investigation or
the fines.

The subsequent change by Ms. Cummings of her recollection of her conversation with Mr. Mullan
does not alter the OIGs findings in this matter.

CONCLUSIONS

The OIG investigation revealed that AlliedBarton engaged in misconduct because it was aware of, but
ignored, statutory and contractual requirements that obligated it to employ only qualified, licensed managers
in sensitive security positions at the Seaport and the Airport. Instead, immediately upon the award of the
Contract, AlliedBarton installed Ms. Cummings and Mr. Macedo in those positions, both of whom they
knew were not licensed.

The OIG is encouraged by the fact that, despite the objections by AlliedBarton and the County, Mr.
Macedos application for a managerial security license was submitted during the pendency of the
investigation and approved by the DOL. Since Mr. Macedo is now appropriately licensed, and Ms.
Cummings is no longer with AlliedBarton, we do not recommend any further action, and consider this
matter closed.

11
The DOLs finding necessarily casts doubt upon AlliedBartons assertion that she was fully qualified, as she had five
years of prior administrative experience with a security company.
OIG 12-008
EXHIBIT l
thereof having a direct contract with ALLI EDBARTON for all or any portion of the
security officer services, but not those who merely furnish equipment or
materials.
2.36 Surge Incidents shall mean a period of heightened security requiring additional
staffing by security personnel exceeding nonnal levels, for indefinite periods of
time.
2.37 Transportation Security Incident shall mean a security incident resulting in a
significant loss of life, environmental damage, transportation system disruption,
or economic disruption.
2.38 TWIG shall mean Transportation Worker Identification Credential.
ARTICLE 3
SCOPE OF SERVICES
3. 1 ALLIEDBARTON shall perform all work identified in this Agreement and Exhibit
"A." The parties agree that the scope of services is a description of
ALLI EDBARTON's obligations and responsibilities and is deemed to include
preliminary considerations and prerequisites, and all labor, materials, equipment,
and tasks which are such an inseparable part of the work described that
exclusion would render performance by ALLI EDBARTON impractical, illogical, or
unconscionable.
3.2 ALLI EDBARTON acknowledges and agrees that the Contract Administrator has
no authority to make changes that would increase, decrease, or otherwise modify
the Scope of Services to be provided under this Agreement.
3.3 ALLI EDBARTON shall pay its subcontractors and suppl iers, including its CBE
subcontractors and suppliers, within thirty (30) days following receipt of payment
from the COUNTY for such subcontracted work or supplies. ALLIEDBARTON
agrees that if it withholds an amount as retainage from such subcontractors or
suppliers, that it will release such retainage and pay same within thirty (30) days
following receipt of payment of retained amounts f rom COUNTY.
3.4 Throughout the term of this Agreement, ALLI EDBARTON shall keep fully
informed of and comply with all federal, state, County and local laws,
ordinances, codes, and regulations, and all orders and decrees of bodies or
tribunals having jurisdi ction or authority which, in any manner, affect services to
be provided under the terms of this Agreement. ALLIEDBARTON, its
subcontractors, and their officers, agents, and employees shall at all times
observe and comply with all such laws, ordinances, codes, rules, regulations,
-7
orders, and decrees in performing its duties, responsibilities, and obligations
related to this Agreement.
ARTICLE 4
TERM AND TIME OF PERFORMANCE
The term of thisAgreement shall begin on the date it is fully executed by both
parties and shal l end on September 30, 2013; provided, however, if the term of
this Agreement extends beyond a single fiscal year of COUNTY, the continuation
of this Agreement beyond the end of any fiscal year shall be subject to both the
appropriation and the availability of funds in accordance with Chapter 129,
Florida Statutes. The COUNTY's Director of Purchasing may renew this
Agreement for up to two (2) one-year periods, upon the same terms and
conditions, by giving notice of the renewal to ALLIEDBARTON at least thirty (30)
calendar days prior to the end of the initial term or any renewal term.
ARTICLE 5
OBLIGATIONS OF ALLIEDBARTON
5.1 ALLIEDBARTON shall provide security officer services at the Airport and Port,
according to the terms and conditions of this Agreement. The hours during which
ALLI EDBARTON is to conduct its operations shall be twenty-four (24) hours a day,
seven (7) days a week, including holidays. ALLI EDBARTON shall provide
adequate personnel at all times, and this requirement shall be reflected in its
Staffing Plan. ALLIEDBARTON shall provide additional or reduced staffing at
such times as may be determined by the Aviation Department and Port
Department. ALLIEDBARTON shall provide all personnel, equipment, uniforms,
and related office equipment and supplies for the uninterrupted and safe
performance of duties, as described in Exhibit "A". ALLIEDBARTON shall
guarantee and provide evidence, that all Security Officers have completed the
MTSA training to comply with 33 CFR 105.210, as referenced in the materials
presented during the RLI evaluation prior to being assigned to Port Everglades.
Vehicles must be cleaned and maintained in accordance with the Airport's ramp
access program. Further, ALLIEDBARTON shall perform in accordance with the
"Annual Staffing Plan," approved by t he Aviation Department and Port
Department as described below.
Licenses. Prior to commencement of operati ons pursuant to this Agreement and
throughout the initial Term and any Renewal Term, ALLIEDBARTON shall secure
and maintain any and all permits and licenses; ensure that such permits and
licenses list ALLIEDBARTON as the permittee and/or licensee. ALLIEDBARTON
shall maintain and provide upon request by COUN1Y satisfactory documentary
evidence of all such requi site licenses, legal permits and notifications as
hereinabove required.
-8
OIG 12-008
EXHIBIT 2
orders, and decrees in perfonning its duties, responsibilities, and obligations
related to this Agreement.
ARTICLE 4
TERM AND TIME OF PERFORMANCE
The tenn of this Agreement shall begin on the date it is fully executed by both
parties and shall end on September 30, 2013; provided, however, if the term of
this Agreement extends beyond a single fiscal year of COUNTY, the continuation
of this Agreement beyond the end of any fiscal year shall be subject to both the
appropriation and the availability of funds in accordance with Chapter 129,
Florida Statutes. The COUNTY's Director of Pu rchasing may renew this
Agreement for up to two (2) one-year periods, upon the same terms and
conditions, by giving notice of the renewal to ALLIED BARTON at least thirty (30)
calendar days prior to the end of the initial tenn or any renewal term.
ARTICLE 5
OBLIGATIONS OF ALLIEDBARTON
5. 1 ALLI EDBARTON shall provide security officer services at the Airport and Port,
according to the terms and conditions of this Agreement. The hours during which
ALLIEDBARTON is to conduct its operations shall be twenty-four (24) hours a day,
seven (7) days a week, including holidays. ALLIEDBARTON shall provide
adequate personnel at all times, and this requirement shall be reflected in its
Staffing Plan. ALLIEDBARTON shall provide additional or reduced staffing at
such times as may be determined by the Aviation Department and Port
Department. ALLIEDBARTON shall provide all personnel, equipment, uniforms,
and related office equipment and supplies for the uninterrupted and safe
performance of duties, as described in Exhibit "A". ALLIEDBARTON shall
guarantee and provide evidence, that all Security Officers have completed the
MTSA training to comply with 33 CFR 105.210, as referenced in the materials
presented during the RLI evaluation prior to being assigned to Port Everglades.
Vehicles must be cleaned and maintained in accordance with the Airport's ramp
access program. Further, ALLIEDBARTON shall perform in accordance with the
"Annual Staffing Plan," approved by the Aviation Department and Port
Department as described below.
Licenses. Prior to commencement of operations pursuant to this Agreement and
throughout the initial Term and any Renewal Term, ALLJEDBARTON shall secure
and maintain any and all pennits and licenses; ensure that such permits and
licenses list ALLIEDBARTON as the permittee and/or licensee. ALLIEDBARTON
shall maintain and provide upon request by COUNTY satisfactory documentary
evidence of all such requisite licenses, legal permits and notifications as
hereinabove required.
-8
OIG 12-008
EXHIBIT 3
Account Name: Allied Barton Securi ty Services
ABA Routing Number 031000053
Account#:8615592272
Beneficiary: Allied Barton Security Services
CTX Format
7.6 The ALLIEDBARTON shall keep f ull and accurate books and records in
accordance with generally accepted accounti ng principles showing all of its
operating expenses. The COUNTY shall have the right through its
representatives, and at all reasonable times, to inspect and audit any and all
books and records. The COUNTY shall have the right to audit the books and
records of related parties of ALLIEDBARTON, if during the review of
ALLIEDBARTON's books and records it is determined that there are related party
financial transactions. Said books and records shall be made available at
ALLIEDBARTON's Broward County offices for a three-year period following the
, . ~ n d o ~ each annual period of this Agreement.
7.7 The services to be provided by ALLI EDBARTON under the terms of this
Agreement shall not be performed by anyone other than ALLIEDBARTON or
ALLIEDBARTON's approved CBE subcontractor unless the prior written approval
from the Aviation Department or the Port Department is given. ALLI EDBARTON
shall require all approved subcontractors to keep such records and accounts as
may be necessary in order to provide correct entries as to personnel hours and
all other amounts charged to ALLIEDBARTON. ALLIEDBARTON shall require the
subcontractors to keep all of their books and records of personnel hours and all
amounts charged to ALLI EDBARTON for a period of three (3) years following the
end of each period covered by thi s Agreement and to make same available at
ALLIEDBARTON's Broward County offices, at all reasonable times, for examina
tion and audit by the COUNTY. The COUNTY shall have the right, through its
representatives, and at all reasonable times, to inspect and audit any and all
books and records.
7.8 ALLIEDBARTON shall receive written notification from the Airport and Port when
required to supply security officers to respond to Surge Related Incidents or
Airport Security Related Incidents that require a level Orange or Red Security
Threat plan change of the AVSEC requirements. Upon receipt of such
notification ALLI EDBARTON shall immediately contact the Contract Administrator
to discuss implementation procedures and staffing requirements.
ARTICLE 8
OPERATIONAL STANDARDS
8. 1 The performance of the services required under this Agreement shall at all times
be under the supervision and direction of an acti ve, qualified competent local
-13
Project Manager, and such other staff as may be necessary to act in the absence
of the Project Manager, who shall at all times be subject to the direction and
control of ALLIEDBARTON. A Project Manager shall be assigned to the Airport
and Port and shall be available during normal business hours or other hours as
designated by the Aviation Department and Port Department.
8.2 ALLIEDBARTON shall at all times retain qualified, competent, and experienced
employees at the Airport and Port to meet the requirement outlined in Exhibit "A."
ALLIEDBARTON's employees shall be clean, courteous, efficient, and neat in
appearance. ALLIEDBARTON shall not employ any person or persons in or about
the premises who shall use improper language, or act in a loud, boisterous or
otherwise improper manner. The Aviation Department and Port Department shall
be the sole judge on the question as to whether the conduct of ALLIEDBARTON's
representatives is objectionable, and if so judged, ALLIEDBARTON shall take all
steps necessary to eliminate the conditions which have occasioned such
judgment.
8.3 agrees that its employees shall be of sufficient number so as to
properly perform t he services requi red under this Agreement. If so directed by
the Aviation Department or Port Department, ALLIEDBARTON shall provide for
addition or reduction of employees, provided however, ALLIEDBARTON shall be
paid only for the costs of the employees actually working at the Airport and Port.
ALLI EDBARTON shall provide its employees with uniforms and credentials which
shall be subject to approval by the Aviation Department and Port Department. All
employees shall be required to wear the appropriate approved uniforms and site
specific credentials provided by ALLI EDBARTON at all times when on duty.
8.4 ALLIEDBARTON shall immediately remove and keep removed from the Airport
and Port premises any employee who participates in illegal acts, who violates
Airport or Port rules and regulations, or the provisions of this Agreement, or who,
in the opinion of ALLIEDBARTON, the Aviation Department or the Port
Department is otherwise detrimental to the public interest at the Airport or Port.
8.5 In the event that a defalcation, theft, fraud or embezzlement or suspicion of same
occurs or violation of 49 CFR 1542, it is ALLIEDBARTON's responsibility to
immediately notify the Aviation Department or Port Department of the incident or
suspected incident. ALLIEDBARTON also agrees to provide full disclosure
including, but not limited to, copies of police reports of investigation, reports to
bonding company, bonding company's findings, claims filed with crimes
insurance carrier, and reports of any action taken against an employee. It must
be ALLIEDBARTON's policy to prosecute any employee found to be involved in
theft, fraud, embezzlement or any similar activity. All employees of
ALLI EDBARTON must sign a pre-employment statement stating they are aware
-14
OIG 12-008
EXHIBIT 4
Morales, Ronald
From: Mamak, Georg e <George.Mamak@freshfromflorida.com>
Sent: Thursday, May 10, 2012 9:24 AM
To: Morales, Ronald
Subj ect: RE: More info, I am stil l digging.
Ronald,
Anyone involved in the day t o day operations of ,1 Security /\gency necu to be li censed. /\t lra-;t a "0" license. This
includes project managers, regional or district managers, even owners. An MB license is what most career security
people get t o be able to manage an agency. If they choose t o not get an MB, they can be designated as a manager by the
agency if they have a " D" license and have two years of verifi able experience. As far as the Division is concerned, all of
the above fall under the requirements of Chapter 493. As I t old you, my agency Investigates cases such as the one you
described to me. It is a routine investigation. Apparently the people in question knew they had to be licensed, but since
they were denied they are trying to justify being in violation of Chapter 493. I spoke to Fred yesterday. I advised him of
what we had spoken about. He will be happy to speak to you when he returns Tomorrow. Please feel free to call him.
He is a little more eloquent in explaining the requirements of Chapter 493. I have worked hundreds of cases and charged
people in the past for doing exactly what you described to me.
George Mamak
From: Morales, Ronald [mailto:ROMORALES@broward.org]
Sent : Thwsday, May 10, 201 2 8:27AM
To: !Vlnnwk, Gcorac
Subj ect: fU: : !"lore inro, 1 am sUII drgyi ng.
George,
Thank you for the information below. If I understood you correctly from our conversat ion yesterday, anyone whose
duties fall under "security" most have at a minimum a class D license. Also, managers operating in the capacity of
directing li censees need to be licensed with a class MB to have any direct or indirect supervision of subordinates who
report to them. Does thi s include regional, district, or project managers? If I misunderstood anything that I've listed or
highlighted below. Pl ease let me know. Can you provide me with any recent case law that fits t he case in question?
Thank you,
Sf\ Morales
From: Mamak, George [ mailto:George.Mamak@freshfromflorida.com]
Sent: Wednesday, May 09, 2012 1:38PM
To: MoriJies, Ronuld
Subject : More inro, I am still digging.
493.6100 Legislative intent. - The Legislature recognizes that the private security, i nvesti gative, and
recovery industri es are rapidly expanding fi el ds that require r egul ation to ensure that the interest s of the
public will be adequately served and protected. The Legislature recognizes that untrained persons,
unlicensed persons or businesses, or persons who are not of good moral character engaged in the private
security, investigative, and recovery industr ies are a threat to the wel fare of t he public if placed in
positions of trust . Regulation of li censed and unlicensed persons and busi nesses engaged in these fields is
therefore deemed necessary.
1
History.-ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 1, ch. 94-172.
493.6101 Definitions.
(1) "Department" means the Department of Agriculture and Consumer Services.
(2) "Person" means any individual, firm, company, agency, organization, partnership, or corporation.
(3) " Li censee" means any person licensed under this chapter.
( 4) The personal pronoun "he" or the personal pronoun "she" implies the impersonal pronoun "it."
(5) "Principal orricer" means an individual who holds the offic.c of president, vice president, secretary, or
treasurer in a corporation.
(6) "Advertising" means the submission of bids, contracting, or making known by any public notice or
solicitation of business, directly or indirectly, that services regulated under this chapter are available for
consideration.
(7) "Good moral character" means a personal history of honesty, fairness, and respect for the ri ghts and
property of others and for the laws of this state and nation.
(8) "Conviction" means an adjudication of guilt by a federa l or state court resulting from plea or tri al,
regardless of whether imposition of sentence was suspended.
(9) "Unarmed" means that no firearm shall be carried by the licensee whi le providing services r egulated
by this chapter.
(10) " lkCJnclt orrtce" ntcans eaclt loe<Jii <J n of un aqcncy wher e l.Jusincss ts aclivcly conducted
which advertises as performing or is engaged in the l>usiness authorized by the license.
(11) "Sponsor" means any Class "C," Class "MA/' or Class "M" li censee who supervises and maintains
under his or her direction and control a Class "CC" intern; or any Cl ass "E" or Class "MR" li censee who
supervi ses and maintains under his or her direction and control a Class "EE" intern.
(12) "Intern" means an individual who studies as a trainee or apprentice under the direction and control
of a designated sponsoring licensee.
(13) "Manager " means any licensee who directs the activities of licensees at any agency or branch office.
The manager shall be assigned to and shall primarily operate f rom the agency or branch office location for
which he or she has been designated as manager.
(14) "Firearm instructor" means any Class "K" licensee who provides classroom or range instruction to
applicants for a Class "G" license.
(15) "Private investigative agency" means any person who, for consideration, advertises as providing or
is engaged in the business of furnishing private investigations.
(16) "Private investigator" means any individual who, for consideration, advertises as providing or
performs private investigation. This does not include an informant who, on a one-time or limited basis, as
a result of a unique expertise, ability, vocation, or special access and who, under the direction and control
of a Class "C" licensee or a Class " MA" licensee, provides information or services that would otherwise be
included in the definition of private investigation.
2
(17) . "Private investigation" means the investigation by a person or persons for the purpose of obtaining
information with reference to any of the following matters:
(a) Crime or wrongs done or thr eatened against the United States or any state or territory of the United
States, when operating under express written authority of the governmental official responsible for
authorizing such investigation.
(b) The identity, habits, conduct, movements, whereabouts, affilialions, associations, transactions,
reputation, or character of any society, person, or group of persons.
(c) The credibility of witnesses or other persons.
(d) The whereabouts of missing persons, owners of unclai r 1ccl properly or eschealcd property, or heirs
to estates.
(e) The location or recovery of lost or stolen property.
(f) The causes and origin of, or responsibili ty for, fires, libels, slanders, losses, accidents, damage, or
injuri es to real or personal property.
(g) The business of securing evidence to be used before investigating committees or boards of award or
arbitration or in the trial of civil or criminal cases and t he preparalion therefor.
(18) "Security agency" means any person who, for consideration, advertises as providing or is engaged
in the business of furni shing security servi ces, armored car servi ces, or t ransporting prisoners. This
includes any person who utilizes dogs and individuals to provide security services.
(19) "Securi ty officer" m0an<> <1ny individuill who, for consicleralion, odvcrlises CIS providing or performs
bodyguard or olllr.rwise guards or proptrly; i.lllcrnpls lo prevenllllefl or unlclwfullCJkrnu
of goods, wares, and merchandise; or allempls to prevent the misuppropnation or concealment of goods,
wares or merchandise, money, bonds, stocks, choses in action, notes, or other documents, papers, and
articles of value or procurement of the return thereof. The term also includes armored car personnel and
those personnel engaged in the t ransportation of pri soners.
(20) "Recovery agency" means any person who, for consideration, advertises as providing or is engaged
in the business of performing repossessions.
(21) " Recovery agent" means any individual who, for consideration, advertises as providing or performs
repossessions.
(22) "Repossession" means the recovery of a motor vehicle as defined under s. 320.01(1), a mobile
home as defined in s. 320.01(2), a motorboat as defined under s. 327.02, an ai rcraft as defined ins.
330.27( 1), a personal watercraft as defined in s. 327.02, an all -terrain vehicle as defined in s. 316.2074,
farm equipment as defined under s. 686.402, or industri al equipment, by an individual who is authorized
by the legal owner, lienholder, or lessor to recover, or to coll ect money payment in lieu of reco'lcry of,
that which has been sold or leased under a security agreement that contains a repossession clause. As
used in thi s subsection, the term " industri al equipment" incl udes, but is not limited to, tractors, road
roll ers, cranes, forklifts, backhoes, and bull dozers. The t erm " industrial equipment" also includes other
vehicles that are propelled by power other than muscular power and t hat are used in the manufacture of
goods or used in the provision of services. A repossessi on is complete when a li censed recovery agent is in
control, custody, and possession of such repossessed property.
(23) "Felony" means a criminal offense that is puni shable under the laws of this state, or that would be
punishable if committed in this state, by death or impri sonment in the state penitentiary; a crime in any
other state or a crime against the United States which is desi gnated as a felony; or an offense in any
other state, territory, or country puni shable by imprisonment for a term exceedi ng 1 year.
3
History.-ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 10, ch. 94-241; s. 5, ch. 96-407; s. 1137, ch. 97
103; s. 1, ch. 97-248; s. 34, ch. 2001-36; s. 4, ch. 2002-295; s. 1, ch. 2005-143.
493.6102 Inapplicabili ty of this chapter .- This chapter shall not apply to:
( 1) Any individual who is an "officer" as defined ins. 943 .10(14) or is a law enforcement officer of the
United States Government, whi l e such local, state, or federal officer is engaged in her or his official duties
or when performing off-duty security activities approved by her or his superiors.
(2) Any insurance investigator or adjuster licensed by a state or federal licensing authority when such
person is providing servi ces or expert advice within the scope of her or hi s license.
( :1 ) Any individual solely, exclusively, and regularly employed us an unantwd investigator in connection
with the business of her or hi s employer, when t here exists an employer-employee relationshi p.
(4) Any unarmed individual engaged in security services who is employed exclusively to work on the
premises of her or his employer, or in connection with the business of her or his employer, when there
exists an employer-employee relationship.
(5) Any person or bureau whose business is excl usively t he furnishi ng of information concerning the
business and financial standing and credit responsibility of persons or the financial habits and financial
responsibi li ty of applicants for insurance, indemnity bonds, or commercial credit.
(6) Any attorney in the regular practice of her or his profession.
(7) Any bank or bank holding company, credit union, or small loan company operating pursuant to
chapters 516 and 520; any consumer credit reporting agency regulated under 15 U.S.C. ss. 1681 et seq.;
or any coll ection ugency not cnqogcd in repossessions or t o any r ermanent employee thereof.
(8) Any person who holds a professional li cense under the laws of' his sl<Jtc when such person is
providing services or expert advice in the profession or occupation in which that person is so licensed.
(9) Any security agency or private investigative agency, and employees thereof, performing contractual
securi ty or investigative services solely and exclusively for any agency of the Uni ted States.
(10) Any person duly authori zed by Lhe laws of this state to operate a central burglar or fire alarm
business. However, such persons are not exempt to the extent they perform services requiring licensure
or registration under this chapter.
(11) Any person or company retained by a food service establi shment to independently evaluate the food
service establi shment including quality of food, servi ce, and faci lity. However, such persons are not
exempt to the extent they investigate or are retai ned to investigate criminal or suspected criminal
behavior on the part of the food service establishment employees.
( 12) Any person who is 0 school c:rosstng gu<J rd employed by a third pc:nty hired by a city or county and
trained in accordance wilh s. 316.75.
( 13) Any individual employed as a security officer by a church or ecclesiasti cal or denominational
organization having an established physical pl ace of worship in this state at which nonprofit religious
services and activities are regularly conducted or by a church cemetery to provide security on the property
of the organization or cemetery, and who does not carry a firearm in the course of her or his duties.
(14) Any person or firm that solely and exclusively conducts genealogical research, or otherwise traces
lineage or ancestry, by primarily utilizing public records and historical information and databases.
4
(15) Any licensed Florida-certified public accountant who is acting wi thin the scope of the practice of
public accounting as defined in chapter 473.
History. -ss. 2, 11, ch. 90-364; s. 16, ch. 91-248; s. 4, ch. 91-429; s. 2, ch. 94-172; s. 6, ch. 96-407; s.
1138, ch. 97-103; s. 69, ch. 97-190; s. 2, ch. 97-248; s. 35, ch. 2001-36; s. 2, ch. 2005- 143; s. 23, ch.
2006-312.
493.6103 Authority to make rules. - The department shall adopt rul es necessary to administer t l1is
chapter. However, no rul e shall be adopted that unreasonably restricts competition or the availability of
services requiring licensure pursuant to this chapter or that unnecessarily increases the cost of such
services without a corresponding or equivalent public benefi t.
llistory. -ss. '2, 11, cl1. 90-36tJ.; s. 4, ch. 91-429.
493.6104 Advisory council.
(1) The department shall designate an advisory council, known as t he Private Investigation, Recovery,
and Security Advisory Counci l, to be composed of 11 members. One member must be an active law
enforcement officer, certified under the Florida Cri mi nal Justice Standards and Training Commission,
representing a statewide law enforcement agency or statewide association of law enforcement agencies.
One member must be the owner or operator of a business that r egularl y contracts with Cl ass "A," Class
"B," or Class "R" agencies. Nine members must be geographical ly di st ri buted, i nsofar as possi bl e, and
must be li censed pursuant to thi s chapter. Two members must be from the security profession, one of
whom represents an agency that employs 20 security guards or fewer; two members must be from the
private investi gative profession, one of whom represents an agency that employs five investigators or
fewer; one member shall be from the repossession professi on; and the remaining four members may be
drawn from any of the professions regulated under this chapter.
(.') Council ,,lwll be <:lppomlecl by the of Agriculture for il tJ year tern1. Jn th...:
event of a11appointment to fill an unexpired term, the appointment shc.1ll be for no longer than tile
remainder of the unexpi red term. No member may serve more t han two full consecutive terms. Members
may be r emoved by t he Commissioner of Agricul ture for cause. Cause shal l include, but is not limited to,
absences from two consecutive meet ings.
(3) Members shall elect a chairperson annually. No member may serve as chairperson more than twice.
(4) The council shall meet at least 4 times yearly upon the call of the chairperson, at the request of a
majority of the membership, or at the request of the department. Notice of counci l meetings and the
agenda shall be published in the Fl orida Administrati ve Weekly at least 14 days prior to such meeting.
(5) The counci l shall advise the department and make recommendations relative to the regulat ion of tile
security, investigative, and recovery industries.
(6) Counci l members shall serve without pay; however, stale per liem and travel allowances may be
claimed for attendance at officially called meetin9s as provided by s. J.12.061.
(7) A quorum of six members shall be necessary for a meeting to convene or continue. All official action
taken by the council shall be by simpl e majority of those members present. Members may not participate
or vote by proxy. Meetings shal l be recorded, and minutes of the meetings shall be maintained by the
department.
(8) The director of the Division of Li censing or the director's designee shall serve, in a nonvoting
capacity, as secretary to the council. The Division of Licensing shall provide all administrative and legal
support required by the council in the conduct of its official business.
5
History.-ss. 2, 11, ch. 90-364; s. 4, ch. 91-429; s. 3, ch. 94-172; s. 526, ch . 97-103; s. 5, ch. 2002
295.
George P. Mamak
Investigator
State of Florida
Bureau of Regulation and Enforcement
Division of Licensing
(561) 640-6144 Telephone
(561) 640-6149 Fax
-------------- --------------
Under Florida law, most e-mail messages to or fron1 Broward County employees or officials are public
records, available to any person upon request, absent an exemption. Therefore, any e-mail message
to or from the County, inclusive of e-mail addresses contained therein. may be subject to public
disclosure.
6
OIG 12-008
EXHIBIT 5
Morales, Ronald
From: Mamak, George <George.Mamak@freshfromflorida.com>
Sent: Tuesday, May 15, 2012 10:13 AM
To: Morales, Ronald
Subject: Info for you from the regional office supeNisor.
Fr om: Speaker, Fred
Sent: Tuesday, May 15, 2012 10:06 AM
To: ' Root, Richard'
Cc: Hallonquist, AI; Mamak, George; Lane, Michael; Robi nson, Keith
Subject: RE: security question
Mr. Root,
All persons, individuals, firms, companies, agencies, organizations, partnerships, corporations, or principal
officers engaged in the pri vate security industry are required to be li censed under Chapter 493, F.S. (see the
legislative intent below)
493.6100 Legislative intent. - The Legislature recognizes t hat the private security, investigative, and recovery
industri es are rapidly expanding fi elds that require regul ation to ensure that the interests of the public will be
adequately served and protected. The legislature recognizes that untrained persons, unl icensed
persons or businesses, or persons who are not of good moral character engaged in the private security,
investigative, and recovery industri es are a threat to the welfare of the public if placed in positions of
t rust. Regulation of licensed and unli censed persons and busi nesses engaged in these fields is t herefore
deemed necessary.
Regards,
Fred Speaker
Investigator Supervisor
West Palm Beach Regional Office
Bureau of Regul ation & Enforcement
Florida Dept. of Agriculture & Consumer Services
From: Root, Richard [mai lto:Richard.Root@alliedbarton.com]
Sent : Monday, May 14, 2012 3: 14PM
To : Speaker, Fred
Subject: RE: securi ty question
Hi Fred,
Could you di rect me t o where in the Statutes it references the license requirements for the D and M license. MY
Regional Direct ion for Human Resources is doing research on this and want to be able to pass this informat ion on to the
other districts in Florida. Thank you again for your assistance in this matter.
R/
1
Rick
Respectfully,
Richard "Rick" Root
Florida Regional Operations Manager
AlliedBarton Security Services
600 W. Hillsboro Blvd
suite 350
Deerfield Beach, FL 33341
Cell: 954.415.3428
richard. root @alliedbarton.com
From : Speaker, Fred [mailto:Fred.Speaker@freshfromflorida.com]
Sent: Monday, May 14, 2012 11:21 AM
To: Root, Richard
Subject: security question
Mr. Root,
I understand that you have a licensing question. I would be happy to answer any questions you may have.
Regards,
Fred Speaker
Investigator Supervisor
West Palm Beach Regional Office
Bureau of Regulation & Enforcement
Florida Dept. of Agriculture & Consumer Services
This e-mail transmission and any documents. files or previous e-ma1l messages attached to 11. may be priv1leged and confidential and is intended only for the use
of the intended rec1pient of this message. If you are not the intended recipient. or a person responsible for delivenng it to the mtended recipient. you are hereby
notified that any review, disclosure. retent1on. copying. dissemination. distribution or use of any of the information contained 111. or attached to this e-mail
transmiSSIOn 1s STRICTLY PROHIBITED. If you have received this transmission in error. please Immediately notify me by return email or by telephone at the
above number and delete the message and its attachments
2
OIG 12-008
EXHIBIT 6
DIVISION OF LICENSING
CASE INFORMATION
TYPE OF INVEST. Division Complaint CASE NO.: 11042 15 SEQ. NO.: I
INVESTIGATION RECEIVED: 09/28/1 1
CASE TITLE: . GOETZ, GENE
RESPONDENT: N/A
ADDRESS: 6501 South Ocean Boulevard
Jensen Beach, FL 34957
TELEPHONE NUMBER:
LICENSE NO(S): EXPIRATION DATE(S):
XMI 100003
RECOMMENDED
Revocation
-----
Div. Compliance Letter
- --
Suspension. _______ R.O. Gui dance Letter (Sent)
Fine X Closed/No Action
----
Probation
Other_________
Letter of Reprimand ___ _
COMMENTS: Additional Respondents: G4S Regulated Securi ty Solutions, Inc.
Smith, Jeremiah J.
PAST ADMINISTRATIVE ACTION AND INVESTIGATION: NO X YES
I
. , s
nvest1gator s Date: 11 / 15/ ll
Reviewed by Supervisor Date:
R
. d B Ch' f
evtewe by ureau 1e

Da te: 12-20- 1 I
GOETZ, GENE- State v.
Page Two
PREDICATION
This invest igation was initiated based on a Compliance fnspection that indicated that Respondents
violated Chapter 493, Florida Statutes.
SYNOPSIS
Respondent, G4S Regulated Security Solutions, Inc.
The investigation shows that Respondent violated Chapter 493, Florida Statutes, by operating a
security agency wi thout designating a licensed manager, by allowing an unlicensed person to manage
employees performing regulated act ivit ies, by employing an unlicensed manager, and by failing to
is.sue an agency iden ti fication card.
Respondent, Jeremi ah J. Smith
The investigation shows that Respondent violated Chapter 493
activities of a manager with an expired license.
Respondent, Gene Goetz
The investigation shows that Respondent violated Chapter 493, Florida Statu tes, by conducting the
act ivi ti es of a manager without a license.
INVESTIGATION
On September 13, 20 I I , I conducted a Compliance Inspection on G4S Regulated Security Sol utions,
Inc., 650 1 South Ocean Boulevard, Jensen Beach, FL 34957. This site is the locat ion of the Florida
Power and Light St. Lucie Nuclear Power Plant. Also present at this inspection were Supervisor,
Fred Speaker, and Investigator Michael Lane. We met with Mr. Gene Goetz who stated that he was
the branch manager for this security branch office of G4S (BB2900033) (Exhibit # 1).
Based on the Department's records, this branch location lists Mr. Robert Theodore Bitner
(MB9800 183) as the designated manager (Exhibit #2). Mr. Goetz stated that he had been transferred
by the agency, and is now the manager for this site. He could not produce a license or an agency
identification card. Mr. Goetz stated that he had completed an application for a license but after
further questioning, it was found that he has never made appli cation for a license. Mr. Goetz alleged
that he was unaware that he needed to have a license since he was a manager, and was not assigned to
a post. Mr. Goetz was advised that hi s duties requi re tha t he be licensed, and that he needs to made
application for a license.
'
Gene Goetz- State v.
Page Three
INVESTIGATION (Continued)
He advised us that his immediate supervisor is Mr. Jeremiah J. Smith (MB2600110). A check of the
Department's records shows that
Mr. Smith's license expired July 5, 2008 (Exhibit #3).
I requested the employee payroll records for the months of February, May, and August 201 1, and
these records w e ~ e supplied to me several days later. I checked the list ofG4S' employees for this
branch location and found all employees had valid licenses. The only two employees in non
compl iance are Jeremiah J. Smith and Gene Goetz, managers. Mr. Gene Goetz has no license, and
Mr. Smith's license (MB2600110) expired July 5, 2008. Based upon G4S' payroll records, Jeremiah
Smith has worked from February 1, 201 1 to August 31,20 11 wi th an expired manager's license
(Exhibi t #4).
On October 24, 201 I , I contacted Ms. Jessamine Castro, Senior Management Assistant, Personnel
Department, G4S Regulated Security Solutions at the St. Lucie Nuclear Plant, (Telephone 772-465
3550 x 3963). Ms. Castro advised me that Mr. Goetz was transferred by GtJS to this branch location
on October 11,2010, and that thei r branch does not handle his payroll at this site location. Ms.
Cast ro sent me written confirmation by email that Mr. Goetz was transferred on October II, 20 I 0
(Exhibit #5). On November 9, 201 1, Ms. Castro emailed Mr. Goetz's timesheets for September and
October 20 II (Exhibit #6) . Based upon the above information sufficient evidence exists that shows
Mr. Gene Goetz is the branch manager for the G4S branch location at the St. Lucie Nuclear Plant,
furthermore, Mr. Goetz admitted to me, Supervisor Speaker, and Investigator Michael Lane, that he is
the manager at this location and did not have a license.
Also, based upon the information obtained during thi s Compliance Inspection, G4S Regulated
Security Solutions is in non-compl iance of Chapter 493, Florida Statutes, under the foll owing
violations:
Operating a branch security agency without designating a licensed manager.
All owing an unli censed person to manage a branch security agency.
By employing unlicensed security officers/managers.
Faili ng to issue an agency identificat ion card to Gene Goetz.
l
: '
GOETZ, GENE.- State v.
Page Four
SUMMARY OF VIOLATIONS
Respondent, G4S Regulated Securi ty Solutions, Inc..
COUNT I (A17a)
On or about September 13, 20 I I , in St. Lucie County, Florida, Respondent conducted the business of
a security agency without designating an appropriately licensed agency manager as requi red by
Section 493.6303, Florida Statutes. Respondent is in violation of Section 493.6 11 8( l)(t), Florida
Statutes.
COUNT II (A19)
On or about September 13,2011, in St. Lucie County, Florida, Respondent allowed an unlicensed
manager, Gene Goetz, to direct the activities of employees performing regulated activities.
Respondent is in violation of Section 493.6 11 8( 1)(n), Florida Statutes.
COUNT III (Allb)
During the period Febmary I, 20 II to August 31, 20 II, in St. Lucie County, Fl orida, Respondent
employed the individuals li sted below to perform unarmed security services without valid licenses
either Class "D" Securi ty Officer or Class "MB" Manager for Security Agency Licenses.
Respondent is in violation of Section 493.61 I 8(I )(n), Florida Statutes.
Jeremiah J. Smith
Gene Goetz
COUNT IV (A31)
On or about September 13, 20 11, in St. Lucie County, Florida, Respondent failed to provide an
agency identification card to employees as required by Section 493.6111(5), Florida Statutes.
Respondent is in violation ofSection 493.6 11 8( I )(t), Florida Statutes.
Respondent, Jeremiah J. Smith
COUNT I (103)
During the period February 1, 20 II to August 31, 20II , in St. Lucie County, Florida, Respondent
performed the services of a manager after expiration of Respondent's Class MB license. Respondent
is in violation ofSection 493.61 I 8( l)(g), Florida Statutes.
GOETZ, GENE - State v.
Page Fi ve
SUMMARY OF VIOLATIONS (Cont'd)
Respondent, Gene Goetz
COUNT I (lOS)
On or about September 13, 20 II , in St. Lucie County, Florida, Respondent conducted the activities of
a manager without a valid manager's license. Respondent is in violation of Section 493.61!8(1)(g),
Florida Statutes.
WITNESSES
Fred Speaker, In vestigator/Supervisor
Michael Lane, Investigator
Division of ~ i c e n s i n g
West Pa lm Beach Regional Office
(56 1) 640-6144
Can attest to Respondent Gene Goel:t. stating that he is the manager of the branch location, ancl does
not have a license.
EXHIBITS
I. Compl iance Inspection.
2. Manager list for G4S.
3. License Summary fo r Jeremiah Smith.
4. Jeremiah Smith's payroll records.
5. Email from Ms. Castro showing Mr. Goetz's transfer date.
6. Ti mesheets for Goetz.
OIG 12-008
EXHIBIT 7
/
Compliance Program
Code of Ethics and Business Conduct Guidelines
Employee Acknowledgement
I acknowledge that:
I understand AlliedBarton' s commitment to compliance with all l aws, regulations,
and guidelines.
I received a copy of the Code of Ethics and Business Conduct
and I am expected to read, understand, and comply with the Code and.
all Company policies and procedures.
I have had the opportunity to ask questions about the Company's compliance
policies and procedures.
I have been informed that strict compliance with the policies and requirements of
the AUiedBarton Code of Ethics and Business Conduct Guidelines is a condition
of my continued employment, except as otherwise req11ired by law.
I understand that I have an obligation to rep01t any potential violation of llic
compliance program, by anyone.
I understand that disciplinary action, up to and including tennination, will result if
I violate these policies and requirements.
The following statements apply to employee3 in supervisory and managerial positions:
I understand that supervisors/managers may be disciplined for.
Failure to adequately instruct subordinates regarding the compliance program.
Failure to detect noncompliance with applicable policies and legal requirements
where reasonable due diligence on my part as a supervisor/manager would have

Employee Signature: v t" r I Date s-1os
1'" \
Employee Name (print):
This form must be completed within 30 calendar days ofhire and
at each annually scheduledperformance review.
Allied.Barton Compliance Program
Code ofEthics I Business Conduct Guidelines
AB 000068
. - ~ ~ 1 t ao.8AR.rc.::Nv"
tiECVIII_rY tiiERfiOI!tJ
Compliance Program
Code of Ethics and BusJnf)S:t; -conduct Guidelines
EmployeeAckoowledgeroont
I acknowledge that
I understand AlliedBarton' s commitment to compliance with all laws, regulations,
and guidelines.
I received a copy of the AlliedBarton Code of Ethics and Business Conduct
Guidelines, and I am expected to read, understand, and comply with the Code and
policies and procedmes.
the Alli.edBarton Code ofEthics and Business Conduct Guidelines is a condition
ofmy continued employment, except as othe.rw:ise required by law.
e I understand 1hat I l!avc rut" obligation In rcp01t any potential v:iolatlon of the
compliance program, by &zyone.
I ut:l<kJ:stand that disciplinary action, up to and including termination, will result if
I violate these policies and .requirements.
Thefollowing statemel1fs apply to employees in supervisory and :nanagerialpositions:
I understand that supervisorslmanagers may be disciplined for:
Failure to adequately instruct subordinates regarding the oompliance program.
Employee Signature D a t e ~ ; I'i /oo 7
Elllploycc Name (print):. &nma_ 0(?, artJrY11rtj.5
Thisform must be completed within 30 calendar days ofhire and
at each-anmJallyscheduled peiformance review.
AlliedBarton Compliance Program
Failure to detect noncompliance with applicable policies and legal requi.remen1s
wher.e reason e due diligence on my part .as a supe.rvisor/mattager would have
led to disco ofany pi{)blem or Jation.
AB 000183 .
..../\ l .l.IEDBA.JuoN-
&l!c u ntrY l'lt: lt VI<Jlit:
Compliance Program
Code of Ethics and Business Conduct Guidelines
Employee Acknowledgement
I acknowledge that:
I understand AlliedBarton's commitment to compliance with all laws, regulations,
and guidelines. .
I received a copy of the AlliedBarton Code of Ethics and Business Conduct
Guidelines, and I am expected to read, understand, and comply with the Code and
policies and procedures.
the AlliedBarton Code of Ethics aJld Business Conduct Guidelines is n condition
ofmy continued employment., except as otherwise required by law.
I understand that I have an obligation 1.o report any potential violation of .c
compliance program, by anyone.
I understand that disciplinary action, up to and including termination, will result if
I violate these policies and requirements.
Thefollowing statements apply to employees in supervisory and managerial positions:
I understand that supervisors/managers may be disciplined for:
Failure to adequately instruct subordinates regarding the compliance program.
Failure to detect noncompliance with applicable policies and legal requirements
where reasonable due diligence on my part as a supervisor/manager would have
pro or violati led to discovery o
Employee Signature. Date /cJ.-;iL:J-7()
Employee Name (print):
This form must be completed within 30 calendar days ofhire and annually.
AlliedBarton Compliance Program
AB 000158
OIG 12-008
EXHIBIT 8
South Floridc. About Us Page 1 of2
Industries Served
About Us

lndusl/1es Sotved
Secu1Cy Services
l.ocol Responso I
Suppat
Seaxity Resclutce
c.mor
S<la.<1ty c..,_,

Events
C<lntact u.
About Us Career Center Security Resource Center AJUedBarton National Search
Connect Wilh Us fJ m
Security Services Local Response 1National Support Find a Security Job
Bios
Richard Mullan
Vice PresldentJGeneral Manager
Richard direas aB operaUonaL financial and admlnisltativo functions for AlHedBarton's Florida rtgion. suppolt!ng over 120. 000 weekly hout>.
Richard has over 30 years of proven experience In lhe security lndusvy, lnduding 1& years in lawenlorcement with combined municipal and
federal agencies. Prior to)oinng AlledBarton, Rlcharo was lho Alea Securily Manager d lheAIIMla Committee for lho Of)'TipiC Games. Richard
also consulled with Lake Oly CommHtoe for the Wlnf8< Olympic Games end directed the Protedlvt1 ser;;c:es for lhe President d lhe
lntemaUonal Olympic Commifloe (IOC). He also served assistant Chief of Police with GWCCAuthority and was a Spacial Agenl US. Almy CIO.
AddiUonaDy. Richard was an Adjunct Instructor for Fulton Coonty Police Academy and mponslblo for lhe Protective Sotvlce for lhe Seaotery o1
Defense. Richard currenUy serves on !he Board ol Ambassadors for Broward Coonty UnHed Wayand is a member lhe Association of Chiefs of
Pollee, Geo<gla Association ol Chiefs of PoiiCO and AOf1da ASsodaUon of Health Cane Securty. He holds a B.A. In Ctiminal Justice from lhe
UniVC<$ity d lhe Stale of New York.
Andrew Daniels
Vice I'residant Business Development
Androw ovoreos and i5 rosponslblo for all buinc dol'e!opmenlln lha slate of Florida. He Is invo'ved In many lndustry'org3nilaUono
lnduding CAl, ASIS and SOMA. whidlled to his 2011 nomiMiion for the ASsociate Member of the Year. Prior lo join ng AlliedS..rtorl, 1\ndrew held
lhe posillon o1 Prclessionel Sales Associate with SchoringPiough Phanmacoullcal. Hi$ abilty to aea:e and maintain deep. on-going relaUonsllips
wtlh current and potenbal new clients lhrough e><Pertise and knowledge of products has led to awarosthroug,out his car68f. He holds a
Bachelor of Am degree from Ithaca College.
Ann Marie Cummings
District Manager - Broward and Fl. Lauderdale
AM Marie Is responsible for operaUonol oversight and deQ'IOI)I olseMee to her cfienls in lllo Broward'FL Lauderdale aroa./u pert ol her oroe of
sho oversees lhe POI1 Everglades/Fl. Lauderdale Airport, whero she Is a member of flo Port Everglades ASsociaUon. AM Marlo has
been with AliedBarton since 1994. starting underlho Transportation DMslon fO< Barton Pro:ective Set\llces. joined the Security DMslon
In April of 2007. where she currently oversees 20.000 HPW. Ann Maria is also HIASS certified at the Serurtty Officer and Supervisor level and
certJOed in Residential community serurity.
Ann Marie Is very actiVe In the House altho Port, which Is a non-profit organluUon supporting lhe mariners olihe Port. She also allends
cornmunty avents wllh !he Unlled Way and lhe American Hoart AssoclaUon.
George Sosa
Dl strlcl Manager - Miami
George Is responsible for operational oversight Md delivOI)' ol setVIco to hts dents In lhe IJ;a:ni.Oa1e area. Alter serving in U10 U.S. Navy, George
joined lho AlliadBarton team in 2008 and has mO<e lllan 18 yt81$ olor:l.flty &J<I)orlence. George hcjc:fs a B.S.In Security Management and
Compu1or Science from tho University ol Maryland.
Jose Ubieta
District Manager- Dade
Jose Is responsiblo for operaUonal oven:lghl and delivery of seMce to GOV9mment SeMce related diems In lhe Miami-Dada area. Born and raised
In lho Miami anoa, Jose has been with AlliodBorton since 2008 and hos more lhan 18 yean; of secuity experionce. Jose holds a B.S. In Criminal
Justice from Aorida lnlemallonal University.
OIG 12-008
EXHIBIT 9
DIVISION OP liCENS ING
Posr OFFICE 1lox 3927
(850) 245:5500.
TALLAHASSEI!, FLORIDA 323f53927
(85o) 24555Q5 FAX
2520 NORTff MOI'lROB STREET
TALLAHASSEE, FLORIDA. 323034052
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER ADAM H. PUTNAM
May 25, 2012
Special Agent Ronald Morales
Broward Office of the Inspector General
1675 Palm Beach Lakes Boulevard
Suite 100
West Palm Beach, Florida 33401
Dear Special Agent Morales:
In response to your public records request, a search of our records indicates that Annmarie
Cummi ngs, date of birth July 6, 1962, applied for Securi ty Officer LicenseD 2701415 and was
denied licensure pursuant to Chapter 493, Florida Statutes, on July 31 , 2007. As you
requested, all files are enclosed.
An additional search indicates that Annmarie Cummings, date of birth July 6, 1962, applied for
Security Agency Manager License MB1 000105 and was denied licensure pursuant to Chapter
493, Florida Statutes, on August 31 , 2010. As you requested, all files are enclosed.
An additional search indicates that Ann marie Cummings, date of birth July 6, 1962, applied for
Security Agency Manager License MB11 00166 and was denied licensure pursuant to Chapter
493, Florida Statutes, on December 19, 201 1. As you requested, all files are enclosed.
Certain information provided to the Division of Licensing is exempt from Section 119.07(1),
Florida Statutes, and Section 24(a), Article 1 of the State Constitution (the Public Records Law)
in accordance with the following: Section 493.6121(5) F.S.; Section 493.6121(7), F.S.; Section
493.6122, F.S. ; Section 394.4615(7), F.S.; Section 397.501(7)(a), F.S.;Section 119.071, F.S.;
Section 119.15, F.S.; and the "Social Security Act", 42 U.S.C. 405 (c)(2)(C)(viii)(l). Accordingly,
any such information contained in this correspondence has been provided for law enforcement
use only.
If you need further assistance, please call me at 850-245-5459.
Sincerely,
Whitney M. Shiver
Government Analyst I
- - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - -
1800HELPFLA
FI6ffia. www.FreshFromFiorida.com
OIG 12-008
EXHIBIT 10
Fl orida Department of Agriculture and Consumer Services
CHARLES H. BRONSON, Commissioner
The Capitol Tall ahassee, FL 32399 -0800
Please Respond to:
Division or Licensing
Bureau or Li cense Issuance
P. 0. Box 9100
Tallahassee, FL 323159100
PH (850) 2455665 Fax (850) 245-5655
June 22, 2010
Cummings, Annmarie
2732 Se Clareton Terrace
Port St. Lucie, FL 34952
REF: MB1 000105
SSN: 068600096
RE: Application for Licensure under Chapter 493, Florida Statutes
Dear Mr. Cummings
As you are aware, Chapter 493 requires this department to verify the experi ence claimed
by an applicant to qual ify for a license. Such related experience is listed in the portion of
the application entitled Affidavit of Experience. Thus far, we have been able to verify
month(s) of related experience. Unfortunately, however, we have not been able to
document the remaining time needed to confirm your eligibility for the following
reason(s):
You can qualify for the MB li cense two different ways:
1. With 1 yr of verifiable "managerial" experience and 1 yr "security" experience.
Or ...
2. With 2 yrs of verifiable "securi ty" experience.
However, you do not hold a "D" license with the State of Florida and since your work
experience is with an agency that we regu late, you would have to have a "D" license to
be credited any "security" experience. If you have additional security-related experience,
please ask someone in a supervisory capacity to submit a notarized statement that
specifies the following information: your dates of employment, the position(s) you held,
your duties and responsibilities, the percentage of time you devoted to security-related
duties, and the average number of hours worked per week.
,,,,,..
~
~
Fresh
__.. - -- Fl($ri(la. -------
Florida Ag r icultur e and Forest Products
Over $ 100 Bill i on f o r F lo r i d a's Economy
http://licgweb.doacs.state.fi .us/
June 22, 2010
Cummings, Annmarie
REF: MB1000105
SSN: 068600096
Page Two
In order to comply with the Florida Administrative Procedures Act, I must request that you
submit any additional information/documentation no later than 7/22/10. If I remain unabl e to
verify your experience, I will have no alternative but to recommend denial of your application.
As an option to denial, you may withdraw your application. Please submit your decision in
writing no later than the aforementioned date. You may fax the requested document(s) to
850/245-5655.
If you have any questions, please write to the address below or call me at 850/245-5665.
Sincerely,
David Hayes, Document Specialist
Verification Section
Bureau of License Issuance
OIG 12-008
EXHIBIT 11
STEP TWO
This entire application is required to fully nsscss your qualifications. Pasting your
resume on the previous page may not provide us with enough information on your
background to det ermine if your qualifications match our requirements. If you choose
not to finish our employment application by filling out all of the required fields below
and clicking submit, you may not be considered a match for this job.
Last Name: First Name:
~ - I . : SUFFIX:
Macedo David
AJ'e there any oiher name(s) which you have been known as (nicknames, maiden uamc,
etc...)?
C YesEl No
If yes, please enter the name(s) below
PLEASE LIST ALL PREVIOUS RESIDENCES FOR THE LAST TEN (10) YEARS
I have lived at my current address since 0111997
EDUCATION AND TRAINING
Do you have a high school diploma or GED?
[J YelJ. No
High School City State
Falmouth High Falmouth MA
School
Nwnber ofyears Type of Degree
College I completed Received City
State
University 4 B.S Albany
NY
Eicelsior
College
Graduate
Please explain any periods of previous unemployment (within ihe last 10 years):
WORK ASSIGNMENT INFORMATION
I am willing to commute to./ from work up to (check one box)
City, State
Coral Springs, :Fl
Do you have reliable transportation to get to work?
E Yes[] No
I am interested in working (check all that apply):
P Part-Timer; On Call e Floater
Desired Salary?
so,oooO Hourlyrn Annually
Shifts available:
R: Any!?: Days0 Night
Days available: .
Mondays
17
TuesdaysRi Wednesdays!? Thursdaysf(l Fridaysp: Saturdays
Sundays
Are you related to any employee of this company?
C YesiS No
If yes- relative's narne(s) and Location (City, State):
CERTIFICATIONS
Do you have a valid state issued guard card or security license?
C Yes(!;) No
Jfyes please complete the fi elds below.
State Issued: Registration#:
Exp. Date (1vfMJYYYY):
Do you have a valid permit, license, or training certification for any of the following
(Baton, Chemical Aerosols such as O.C. Spray or Mace, or Handcuffs)?
(J Yesl'il No
OIG 12-008
EXHIBIT 12
..
CASE INFORMATION
TYPE OF INVESTIGATION: Division Complaint CASE NO. 1103560 SEQ. NO.8
INVESTIGATION RECEIVED: 08116/2011
CASE TITLE: ALLIEDBARTON SECURJTY SERVICES LLC
RESPONDENT: Whitmore, Willi am C., President
ADDRESS: 600 W. Hi llsboro Boulevard, Suite 350
Deerfi eld Beach, FL 33441
TELEPHONE NUMBER:
LICENSE NO.(S) EXPIRATION DATE(S)
B 2400212 11/03/ 13
ZA1000285 ORGANIZATION OFFICER
ZA2100228 ORGANIZATION OFFICER
ZB2100141 ORGANIZATION OFFICER
RECOMMENDED
Revocation Div. Complia nce Letter __
Suspension __ R.O. Guidance Lett er (sent) _
Fi ne XXX_
Closed/No Action ____
Probation
Other ___
Letter of Reprimand __
COMMENTS: Addi t ional Respondents : Benoit, Ken J.
August in, Billy
Bona my, Austin F.
Clarke, Vi nton
Contreras, Cesar D.
Ezq uerra, Edgar
Mar seille, Dona ld
Windle, Justin P.
PAST ADMINISTRATIVE ACTION AND INVESTIGATION NO __YES X
Date: 11/ 101\1
Investi gator's Signature
Date: 11/10/1 1
Reviewed by Bureau Chief c A W ~ . . p Date: 12-07- 11
Reviewed by Supervisor
AlliedBarton Security Services, LLC- State vs.
Page Two
PREDICATION
Thi s investigat ion was initiated based upon infom1atlon received that Ken J. Benoi t has been
working as an am1ed security guard for All iedBarton even though hi s securi ty license had been
suspended.
SYNOPSIS
Respondent, Ken J. Benoit
This investigation shows that the Class D security license of Ken J. Benoi t (D I 026878) was suspended a
of March 28, 20 II. The li cense was re-instated effect ive August 12, 20 I I. Payrol l records obtained fron
AlliedBarton Security Services show that Mr. Benoit was not employed with th is company at any time
during the suspensi.on peri od as alleged; however, upon conducting a review of the payrol l records for
Al li edBarton for the pay period of08/12/l l through 08/18/11 several violations of Chapter 493, Florida
Statutes were di scovered.
Respondent, AlliedBarton Securi ty Services, LLC
The investigation showed that employed seven (7) securit y officers to work wh ile
their I icenses were suspended.
Res pondent, Billv Augustin
Investigation showed that the Respondent perfom1ed the services of an unam1cd securi ty officer
while his Class D li cense was suspended.
Res pondent, Austin F. Bonamy
Investi gation showed that the Respondent perfom1ed the services of an unam1ed security officer
whil e hi s Class D li cense was suspended.
Respondent, Vinton Clarke
Investi gati on showed that the Respondent perfom1ed the services of an unam1ed security officer
while his Class D li cense was suspended.
Res pondent, Cesar D. Contreras
Investigation showed that the Respondent perfom1ed the services of an unam1ed security officer
while hi s Class D license was suspended.
AlliedBarton Security Services, LLC - State vs.
Page Three
SYNOPSIS (Continued)
Respondent, Edgar Ezq uerra
I nvesti gation showed that the Respondent performed the services of an unarmed security officer
whil e hi s Cl ass 0 license was suspended.
Respondent, Donald Marseille
Investi gation showed that the Respondent performed the services of an unarmed securi ty officer
while his Class 0 l i cense was suspended.
Respondent, Justi n P. W indle
Investi gation showed that the Respondent performed the services of an unarmed security officer
while hi s Class 0 l icense was suspended.
INVESTIGATI ON
Recei ved informat i on that K en J. Uenoit (0 1026878) has been working for AlliedDanon Security
as an armed guard even though hi s security l icense had been suspended effecti ve 03/28/20 II for
failure to compl ete required training within 180 days.
Upon review of payroll records for A ll iedBarton from 03/18/11 through 08/18/11, it was
determi ned that Ken J. Benoit was not an empl oyee of AlliedBarton during thi s time peri od.
Upon making contact with Ken Benoit it was learned that he had been acti vated in the Naval
reserves and he was aware that hi s l i cense had been suspended. Since receiving this information
he had hi s security license reinstated. Ken Benoit was not worki ng for A lli edBarton or any other
security agency duri ng the period hi s security li cense was suspended. Based upon this
investigation, the origi nal information received in regard to Ken J. Benoit working as an armed
guard wi th a suspended security l i cense is unfounded.
Payroll records from AlliedBarton were revi ewed for the pay periods of08/12/ ll through
08/ 18/ 1 1, 06/17/ 1 I through 06/23/ 1 I , and 03118/ 1 I through 03/24/11. A review of these payroll
records di d reveal several violations in reference to other employees of All iedDarton.
Ouri ng the pay peri od from 08/ I 2/ I I through 08/ I 8/ I I there were severa 1 guards employed by
AlliedBarton whose securi ty li censes had been suspended.
Page Four
INVESTIGATION (Cont'd)
A review of the payroll records revealed that there were a total of7 (seven) personnel employed by
Al liedBarton whose security licenses had been suspended. The suspensions were for fai lure to
notify the Department of compl etion of the requ ired 16 (sixteen) hours of training within 180 days.
Those suspended are as foll ows:
I) Bonamy, Austin F.: license number D I 032187, Suspended May 24, 20 II for failure to
provide proof of training within 180 days. Letter was sent to both AlliedBarton and
Bonamy advising of the suspension. Bonamy even chose to have an infonnal heari ng,
which was scheduled for August 19, 20 II in the Miami Regional Office. Although hi s
li cense was suspended, Bonamy continued to work as a securit y guard for AlliedBarton
according to the 06/!7 to 06/23, and 08112 to 08/18 payroll records. His license was
reinstated on September 9, 20 II. He had completed his 16 hours of training on
December 9, 20 I 0.
2) Clarke, Vinton D.: license number DI033233, Suspended June 5, 2011 for failure to
provide proof of training within 180 days. Letter wa s mai led to Cla rke advising him of this
suspension. Although his li cense was suspended, Clarke continued to work as a security
guard for Alliec!Barton according to the 06117 to 06/23 and 08/12 to 08/ 18 payroll records.
Hi s license was reinstated on September 15, 20 II. He had completed hi s 16 hours of
training on 02/24/20 II.
3) Contreras, Cesar E.: licen se number D 1025993, Suspended March 16,2011 for fai lure to
provide proof of training within I 80 days. Letter was sent to both Al liedBarton, and
Contreras advising of this suspension. Although Contreras was suspended on March 16,
20 11 , he continued to work as a security guard for All iedBarton according to the 03/18 to
03/24, 06/17 to 06/23, and 08/12 to 08/18 payroll records. His li cense was reinstated on
September 7, 20 II. He had completed his 16 hours of training on January 14, 2011 .
4) Ezquerra, Edgar: license number D I 02 1869, Suspended February 3, 20 11 for failure to
provide proof of training within 180 days. Letter was sent to both AlliedBarton, and
Ezquerra advising of this suspension. Alt hough Ezquerra was suspended on February 3,
20 II , he continued to work as a security guard for All iedBarton according to the 03/18 to
03/24, 06/17 to 06/23, and 08112 to 08118 payroll records. Hi s license was reinstat ed on
September 9, 20 I I. He had completed his 16 hours of training on December 9, 20 I 0
Allied Barton Security Services, LLC - State vs.
Page Five
INVESTIGATION (Cont'd)
5) Windle, Justin P.: license number D I 03251 3, Suspended May 30, 20 II for failure to
provide proof of training within 180 days. Letter sent to both AlliedBarton, and Windle
advising of this suspension. Although Windl e was suspended on May 30,201 1, he
continued to work as a security guard for AlliedBarton according to the 06/17 to 06/23 and
08/ 12 to 08/16 payrol l records. Hi s license was reinstated on September 7, 20 l I . He had
completed his 16 hours of training on Thursday November 12,2010.
6) Marseille, Donald: license number D 1101 379, Suspended July 26,2011 for failure to
provide proofoftraining within 180 days. Letter sent to both AlliedBarton, and Marsei lle
advisi ng ofthis suspension. Although Marseille was suspended on July 26,2011, he
continued to work as a security guard for AlliedBarton according to the 08/12 to 08/ 16
payrolls. His license was reinstated on September 20,2011.
7) Augustin, Bi lly: li cense number D 1100033, Suspended Jul y 7, 20 11 for failure to provide
proof of training within 180 days. Letter was sent to both Allied Barton and Augustin
advising of the suspensi on. Al though Augustin was suspended on July 7, 2011 , he
continu ed to work as a security guard for AlliedBarton according to the 08/12 to 08118
payroll record s. His security license was reinstated on August 29,2011.
Upon meeting with representatives fTom AlliedBarton and reviewing this information, it was
determined that Bonamy, Austin: Clarke, Vinton: Contreras, Cesar, and Ezquerra, Edgar, had
completed their 16 hour training courses through AlliedBarton prior to their suspensions. Windle,
Justin had completed his 16-hour training course through American Securi ty Consultants. Their
ce1iificates of completion had been placed into their respective personnel folders; however, for
whatever reason, this information had not been forwarded to the Division of Licensing in
Tallahassee until this agency brought this to the attention of Allied Barton.
Augustin, Bi lly and Marseille, Donald had thei r security licenses suspended for failure to complete
their 16-hour train ing course and continued to work as security officers until this issue was brought
to the attention of Alli edBarton. Once this was brought to their attention they were removed from
their respective posts until their training was completed and their li censes were brought into
compliance.
SUMMARY OF VIOLATIONS
Respondent, Ken J. Benoit
None.
All iedBarton Security Services, LLC- State vs.
Page Six
SUMMARY OF VIOLATIONS (Cont' d)
Respondent, AlliedBarton Securi tv Services, LLC
COUNT I (Allb)
During the period from March 18, 20 II through August 18, 20 I I, in Broward County, Florida,
Respondent employed seven (7) security officers whose li censes had been suspended. Respondent
is in violation of Section 493.6 11 8( I )(n), Florida Statutes.
Fi ve (5) of the officers had completed the requi red 16 hour traini ng course as out lined in Chapter
493, Florida Statutes, prior to their suspensions. Copies of their training certificates were in their
respect ive personnel folders, yet AlliedBarton failed to forwa rd proof ofcompletion to the
Department causing their licenses to be suspended.
Two (2) of the officers, Augustin, Bi lly (D I 100033) and Marsei ll e, Donald (OJ 10 1379) had their
li censes suspended and continued to work as security officers. Once this was brought to the
attention of Alli edBarton, these officers were immediately removed from the ir posts unt il their
licenses were brought into compli ance.
Clarke, Vinton (0 I 033233) Contreras, Cesar D. (0 I 025993)
Ezqu erra, Edgar (0 I02 I 869) Marsei ll e, Dona ld (0 110 1379)
Windl e, Justin P. (0 I 0325 I 3) Augustin, Billy (0 I 100033)
Bonamy Austin, F. (0 I 032187)
Res po nden t, Bi ll v Augustin
COUNT I (I OI )
During the period 07/07/20 I I through 08/29/20 I I in Broward County, Florida, Respondent
performed the servi ces of a Class 0 securit y guard without a val id Class 0 license. Respondent is
in violation of Section 493.6118( I )(g), Florida Statutes.
Res pondent, Austin F. Bonamy
COUNT I (101)
During the period 05/24120 I I through 09/09/20 I I in Broward County, Florida, Respondent
performed the services of a Class 0 security guard without a valid Class 0 license. ft should be
noted the respondent completed his sixteen hours of additi onal training on 12/08/20 I 0 and
12/09/2010, however, the respondent failed to forward any record oftrai ning to Tallahassee.
Respondent is in violation ofScction 493.6 11 8( 1)(g), Fl orida Statutes.
All iedBarton Securi ty Services, LLC - State vs.
Page Seven
SUMMARY OF VIOLATIONS (Cont ' d)
Respondent, Vinton Cla rke
COUNT I (101 )
During the period 06/05/20 II to 09/15/20 II, in Broward County, Florida, Respondent performed
the services of a Class D security guard without a valid Class D license. It should be noted the
Respondent completed his sixteen hours of addit ional training on 02/23/20 II and 02/24/20 II,
however, the respondent fa il ed to forward any record of training to Tallahassee. Respondent is in
violat ion of Secti on 493.61 18( l)(g), Florida Statutes.
Respondent, Cesar 0. Contreras
COUNT I (101)
During the peri od from 03/16/2011 to 09/07/20 II , in Broward County, Florida, Respondent
performed the services of a Class D security guard wi thout a valid Class D license. It should be
noted the Respondent completed his sixteen hours of additi onal training on 01/ 14/2011 , however,
the respondent failed to forward any record of trai ni ng to Tall ahassee. Respondent is in violati on
of Secti on 493.61 I 8( 1 )(g), Florida Statutes.
Respondent, Edgar Ezg uer ra
COUNT I (101)
During the peri od from 02/03/20 11 to 0910912011, in Broward Coun ty, Florida, Respondent
performed the services of a Class D security guard without a vali d Class D license. lt should be
noted the Respondent compl eted his sixteen hours of additional training on 12/08/20 I 0 and
12/09/20 I 0, however, the Respondent fa iled to forward any record of training to Tallahassee.
Respondent is in violat ion of Section 493.6 11 8( I )(g), Florida Statutes.
Respo ndent. Donald Mar seill e
COUNT I (IOI)
During the period from 07/26/20 11 to 09/20/2011 , in Broward County, Florida, Respondent
performed the services of a Class D securi ty guard without a va lid Class D license. Respondent is
in vi olat ion of Sect ion 493.6 11 8(1 )(g), Florida Statutes.
Page Eight
SUMMARY OF VIOLATIONS (Cont 'd)
Respondent, Justin P. Windle
COUNT I (101)
During the period from 05/30/20 II to 09/07/20 II , in Broward County, Florida, Respondent
performed the services of a Class D security guard without a valid Class D license. It should be
noted the Respondent completed his sixteen hours of additional training on 11/12/20 I 0, however,
the Responden t failed to forward any record of training to Tallahassee. Respondent is in violation
of Section 493.6118( I )(g), Florida Statutes.
WITNESSES
None
EXHIBIT
I. Packet for Ken J. Benoit ; containing 11oti ce of suspension, training ccitificat e, order lifting
suspension.
2. Packet for Augustin, Billy; containing notice of suspension, order lifting suspension, EAR,
public access system, payroll printouts.
3. Packet for Bonamy, Austin F; containing notice of suspension, notice of infonnal heari ng,
copy of security license, copy of training certificate.
4. Packet for Clarke, Vinton D; containing notice of suspension, copy of security license,
copy of traini ng cert ificate, EAR, public access system.
5. Packet for Contreras, Cesar E; containing notice of suspension, copy of securit y license,
copy of training certificate, public access system.
6. Packet fo r Ezquerra, Edgar; containing notice of suspension, copy of securi ty license,
copy of training certi fi cate.
7. Packet for Marsei ll e, Donald; containing notice of suspension, payroll printouts.
8. Packet for Windle, Justin P; containing notice of suspension, copy of security li censes,
copy of mil itary identification, training certificate, public access system.
OIG 12-008
EXHIBIT 13
Di vision of Licensing - AgL__.;y Search, FDACS Page 1 of 1
Public Access System
ALLIEDBARTON SECURITY SERVICES LLC
License Number
8 2400212
Expires
11/03/2013
Physical Address
600 W. HILLSBORO BLVD
SUITE 350
DEERFIELD BEACH FL 33441
(954) 698-5888
Mailing Address
161 WASHINGTON STREET
SUITE 600
CONSHOHOCKEN PA 19428
Principals
WHITMORE, WILLIAM C.
PRESIDENT
BUCKMAN, DAVID I.
SECRETARY
TORZOLINI, WILLIAM A.
TREASURER
Companion License
A 1000222
DS2400029
Status
ADMIN ACTI ON PENDING
[ View Branches I [ New Search I
C 11 A I'"If\ 1 ')
OIG 12-008
APPENDIX A
B ~ ' O M ' A R D
1
' COUNTY
FLORIDA
BERTHA W. HENRY, County Administrator
115 S. Andrews Avenue, Room 409 Fort Lauderdale. Florida 33301 954-357-7362 FAX 954-357-7360
July 20, 2012
John W. Scott, Inspector General
Office of the Inspector General
One North University Drive, Suite 111
Plantation, Florida 33324
Re: OIG Preliminary Report No. OIG 12-008
Dear Mr. Scott:
We are in receipt of the above-referenced report concerning two unlicensed managers Allied Barton Security Services,
LLC, assigned to oversee contractually-required security guard services at Fort Lauderdale-Hollywood International
Airport (FLL or Airport) and Port Everglades (PEV or Port). In accordance with your letter dated June 21, 2012, Broward
County submits this response to the report; however, we reserve the right to make an additional response pending the
issuance of any final report concerning this matter.
As noted in your report, FLL and PEV are major economic engines with direct and indi rect economic impacts in South
Florida, our state, and the nation. As county enterprises, they are key catalysts in Broward County's efforts to increase
tourism, business development, and domestic and international trade. The vital economic role played by these two
facilities cannot be understated. Consequently, the physical security of the facilities, and the protection of our tenants
and traveling public is one of Broward County's highest priorities. Additionally, it is important to note that the security
of both faci lities is subject to a myriad of federal and state laws, administrative regulations, and local ordinances that
are enforced by federal, state and local agencies. With this in mind, our response follows.
Broward County's Response
The report asserts that AlliedBarton's alleged non-compliance with state licensing requirements compromised the
security at FLL and PEV, and created a public safety risk. See report pages 1, 2, 7, and 14. This is an allegation the
County takes seriously. After revi ewing the entire report, however, we disagree that our facilities' or the public's
security was ever compromised or placed at risk.
To start, Broward County has made substantial investments to maximize security at FLL and PEV. The contract with
AlliedBarton is one such investment which has allowed the County to exceed federal security requirements while
producing signi ficant costs savings to taxpayers. Nothing in the report contravenes this reality. Next, the report fails to
identify a single incident where the physical security of either the airport or the port, or more importantly, the lives of
our traveling public, was ever placed at risk because of any actions taken by Allied Barton or county security personnel.
Port Everglades, for example, is subject to announced and unannounced inspections by the U.S. Coast Guard to ensure
PEV remains in compliance with all Coast Guard port safety and security regulations. Pursuant to state law the port
must also adopt and implement a secu rity plan, and periodically revise the plan based on its ongoing assessment of
security risks. Broward County contracts with the Broward Sheriff's Office (BSO) to provide a continuous sworn law
enforcement presence at the port that exceeds federal requirements, as well as to provide a separate Facility Security
Officer and Compliance Staff responsible for ensuring that PEV and its tenants comply with all security requirements.
Broward County Board of County Commissioners
Sue Gunzburger Dale V.C. Holness Knstin Jacobs Ch1p LaMarca Ilene Lieberman Stacy Ritter John E. Rod strom, Jr. Barbara Shariel Lois Wexler
www.broward.org
l'ngc I ofl
Broward County Response- OIG Preliminary Report No. 12-008
June 20, 2012
Similarly, FLL is subject to announced and unannounced security inspections by the Transportation Security
Administration (TSA), and must comply with its adopted Airport Security Plan or possibly face severe civil penalties.
Like the port, the County has a contract with BSO to provide a law enforcement presence throughout all its ai rport
properties. The Aviation Department employs a team of Aviation Security Specialist and Agents t hat provide security
oversight throughout all Aviation properties on a 24-hour/7-day basis. Moreover, securi t y services provided by
Alli edBarton personnel at the airport are subject to review multiple times a day by Aviation Security Specialists and TSA
trained inspectors. The airport has not received any security deficiency reports from the TSA- nor has PEV received
any deficiency reports from the US Coast Guard -to indicate that the performance of Allied Barton security personnel
has not been in full compliance with Federal regulations.
1
Broward County, disagrees with t he OIG's assertion that County officials responsible for overseeing or administering
t he Agreement were unaware of the licensing mandates of Chapter 493, Florida Statut es, until advised by OIG special
agents, and provided inadequate oversight of AlliedBarton's performance under the contract. See report pages 5, 9,
and 14. The report identifies three County staff persons w ho were interviewed by OIG special agents during the
i nvest igation; particularly, an Airport Securi ty Manager {SMA), the Deputy Port Director (DPD), and the Port Securi ty
Manager {SMP). Notwithstanding the information contained i n the report, the County notes the followi ng:
The SMP developed the language establishing the licensing req uirements for cont racted security officers and
site supervisor included in the County's Request for Letters of Interest (RLI). This language was developed
with input from the Florida Department of Agri culture and Consumer Services' Di vision of Licensi ng {DOL).
The SMP also reviewed and verifi ed the licensing information provided by companies responding to t he RLI.
The identical requirements were incorporated into the final Agreement and agreed to by the AlliedBarton's
representative during contract negotiations that were led by the SMP.
Contrary to the report, t he DPD is very familiar with the licensing requirements of Chapter 493, Florida
Statutes.
The SMA interviewed by OIG special agents has no responsibility for the administration of the AlliedBarton
Agreement. Instead, that specific responsibility falls upon the Airport's Securi ty Director, Frank Capello, who
is very familiar with the licensing requirements of Chapter 493, Florida Statutes, but was never contacted or
interviewed by any OIG special agent during the OIG's investigation.
The report also states "[t]he SMA admitted that t here was no oversight by the County to ensure that
AlliedBarton was adhering to the requirements of the contract." In performing our due diligence for this
response, Aviation management spoke to the SMA who indicated he did not make such a statement. In fact,
making t he alleged statement would appear i llogical si nce t he SMA oversees Aviation Security Specialists who
conduct daily inspections of the performance of AlliedBarton's security employees.
In addition, the OIG's assertion that County st aff is unfamiliar wit h the licensing mandates of Chapter 493, Florida
Statutes, appears to be based, in part, upon a differing point of view concerni ng whether Mr. Macedo, as the
contractuall y-designated project manager working from office space provided by PEV, had to be a licensed manager.
Because of t he OIG's and airport, port and County staff's competing interpretations of t he state's securi ty licensing
requirements, on July 9, 2012, we wrote to the DOL for guidance. See, Exhibit A, attached. On July 19, 2012, DOL
Director Grea Bevis responded as f ollows:
1
Both Ms. Cummings and Mr. Macedo successfully completed both Federal and state background checks to receive their
Port Everglades Access Credential and Federal Transportation Worker Identification Credential (TWIC) prior to beginning
work on the County contract. Mr. Macedo also successfully completed the necessary background checks and threat
assessment to be credential ed by FLL. Arguably, these federal and state background checks and t hreat assessments are
more exacting than the checks performed for security licensing under Chapter 439, Florida Statutes.
Page 2 of 4
Broward County Response - OIG Preliminary Report No. 12-008
June 20, 2012
"My response to the second issue you raise in your letter really hinges on whether the office operated by
Allied Barton in connection with its contract with Broward County is a branch office. If it is in fact a branch
office as defined in statute, then AlliedBarton must designate a licensed manager for t hat office i n
accordance with the law. However, it is our view that Allied Barton is NOT operating a branch office in t his
instance. Please allow me to elaborate on this point.
You state in your letter that Broward County provides office space to AlliedBarton in order to facilitate the
delivery of security services under that agency's contract with Broward County. You also state that t his
office space is intended for use only in connection with delivery of security services to the airport or the
seaport and cannot be used to render services to other agency clients.
It has long been our opinion that an operational facility like the one you have described in your
correspondence - a facility that is devoted solely to the delivery of site-specific security services to a
single client and that is not engaged in soliciting business- does not need to be licensed as a branch office
in accordance with the normal requirements of the law cited above. In short, AlliedBarton is simply
maintaining a field command center for the purposes of providing contracted security services to Broward
County. Theref ore, Allied Barton does not need to designate an appropriately licensed individual to act as
a manager.
Acting at my direction, Mr. Fred Speaker, the Supervisor in our West Palm Beach Regional Office,
conducted a site visit to Port Everglades on Tuesday, July 18, and met with Mr. Richard Mullan, the Vice
President/General Manager for AllledBarton. Mr. Speaker was able to confirm that AlliedBarton's office
locations are in f act operating only as operat ional facilities for the security agency."
See, Exhibit B, attached.
2
On page 8, paragraph 3.a., the report states that "[t]he OIG also determined that there were licensing issues regarding
some of AlliedBarton's 'D' licensees, and t hat DOL was investigating those matters." The report, however, does not
ident ify any instances where AlliedBarton Class "D" licensed employees assigned to FLL or PEV were not properly
trained in accordance with the Agreement or applicable federal law. Absent any sanction from the DOL in this area, the
county is unaware of any training deficiency.
In addition to the t raining required by AlliedBarton for their staff to mai ntain state licensure, AlliedBarton security
officers and site supervisors working at the airport must complete a computer-based training regarding security
identification display areas. This training is site-specific to the airport and must be successfully completed before a
security officer or site supervisor can obtain their required credential to work at the airport.
Similarly, AlliedBarton security officers and site supervisors assigned to the Port must complete a training class
regarding federal requirements under the Maritime Transportation Security Act (MTSA) before they can stand a post or
be issued a PEV business purpose credential that authorizes them t o perform a security function. The PEV Security
Manager and a representative from BSO's port compliance staff conduct the training classes. Upon successfully
completing this training requirement the attendee receives a Certificate of Completion which must be presented to
technicians at the Port Credentialing Center in order to obtain the port's busi ness purpose credential. This credential
is dated to expire on the same day as the attendee's " D" Li cense, and the credential must be di splayed at all t imes
when the officer or supervisor is on duty. This procedure ensures that every officer has a valid license and proper
credentials to perform their security functions. In addition, port staff conducts semi-annual, unannounced audits of
2
The letter further advises that DOL expedited the processing of Mr. Macedo's MB Security Manager's License. Mr.
Macedo had apparently submitted an application to DOL for licensure on or about May 16, 2012.
Page 3 of4
Broward County Response- OIG Preliminary Report No. 12-008
June 20, 2012
AlliedBarton training and personnel records to verify that security officers and site supervisors assigned to work at the
port meet all required licensing, experience, and training mandated in the Agreement. See, Exhibit C (Agreement,
Exhibit A, at pages 6-9).
Based on the response from DOL and their issuing an MB license to Mr. Macedo, Broward County is satisfied that our
contract with AlliedBarton has been a success and has provided a tremendous cost savings to the County, while
maintaining an uncompromised level of security at these two cri tical County facil ities.
BH/cml
Attachments
C: Pamela Madison, Deputy County Administrator
Steve Cernak, Chief Executive and Port Director, Port Everglades Department
Kent George, Aviation Director, Broward County Aviation Department
Page 4 of 4
Exhibit A

I& COUNTY
FLORIDA
BERTHA W. HENRY, County Administrator
115 S. Andrews Avenue, Room 409 Fort Lauderdale, Florida 33301 954-357-7362 FAX 954-357-7360
July 9, 2012
Via Electronic Mail Only
Mr. Grea Bevis, Director
Department of Agriculture & Consumer Services
2520 North Monroe Street
Tallahassee, Florida 32399-0800
Re: Broward County Office of Inspector General
Preliminary Report OIG 12-008
Dear Mr. Bevis:
1 am writing to you concerning certain findings contained in the Broward County Inspector General's (OIG)
Preliminary Report that is enclosed for your review.
Broward County owns and operates the Fort Lauderdale-Hollywood International Airport (FLL) and Port
Everglades (PEV), two important economic County enterprises located in Fort Lauderdale, Florida. On
December 7, 2010, Broward County entered into a contract with AlliedBarton Security Services, LLC, to provide
security guard services at FLL and Port Everglades. AlliedBarton provides security services to the County from
its licensed agency (B2400212) in Deerfield Beach, Florida. The agency's Vice-President/General Manager, in
charge of AlliedBarton's Deerfield Beach Office, is Richard Mullan who according to DOL records possesses an
M license (M9700028).
AlliedBa rton's contract with Broward County requires that it designate a "project manager." This designated
project manager serves as AlliedBarton's poi nt of contact with FLL and PEV personnel to ensure proper delivery
of contracted security services. The project manager must be available to FLL and PEV during normal business
hours and at other times required by the airport and seaport. Both FLL and PEV provide AlliedBarton with
office space to facilitate their delivery of security services, but only to the airport or the port. AlliedBarton may
not, however, use this office space to render services to other agency clients.
In its preliminary report, the OIG concludes that AlliedBarton violated state law in assigning two individuals not
licensed as managers to perform services under its contract with Broward County: 1) David J. Macedo, to serve
as the contractually required "project manager;" and 2) Ann Marie Cummings, AlliedBarton's "District
Manager," who allegedly supervised Macedo until May 16, 2012. We note that according to DOL's records
Macedo appears to be a licensed manager (MB1200116), although the date of when this license was received
Broward County Board of County Commissioners
Sue Gunzburger Dale V C Holness Kristn Jacobs Chip LaMarca Ilene Lieberman Stacy Ritter John E Rod strom. Jr. Barbara Shanef Lois Wexler
www.broward.org
P:1gc I of2
Mr. Grea Bevis, Director
OIG Preliminary Report No. 12-008
July 9, 2012
was not available through DOL's public website. In reaching its conclusion, the OIG appears to have depended,
in part, on statements from DOL personnel. See Report, at pages 1-2 and 10.
Based upon the OIG's concl usion, the County seeks DOL's confirmation as to: 1) Whether a violation of any
licensing requirements has occurred absent a full investigation and determination by DOL?; and 2) Whether a
person designated as "project manager" under Broward County's contract, see Report at Exhibit 3 - 8.1, must
be a licensed manager given the office space provided to All iedBarton at FLL and PEV, and from which it
renders services solely t o Broward County, is not a "branch office" as defined i n 493.6101(10), Florida
Statutes? If possible, we would appreciate a response to these questions on or before July 19, 2012.
Thank you for your consideration of t his matter. Should you have any questions, please feel free to contact me
or Deputy County Admi nistrator Pa Ia Madison at (954) 357-7357.
~
ha Henry
BH/cml
Attachment
C: Pamela L. Madison, Deputy County Administrator
Kent George, Director, Broward County Aviation Department
Steve Cernak, Chief Executive and Port Director, Port Everglades Department
Page 2 of 2
Exhibit B
DIVISION OF LICENSING PosT OFFICE Box 3927
(850) 2455500 TA LLAHASSEE, FLORIDA 32315-3927
{S;o) 2455505 FAX
2520 NORTH MONROE STREET
TALI.AIIASSEE, F LORIDA 323034052
FLORIDA D EPARTMENT OF AGRICULTURE AND CONSUMER S ERVICES
COMMfSSIONER ADAM H. PUTNAM
July 19,2012
Ms. Bertha W. Henry, County Administrator
Broward County
115 South Andrews A venue, Room 409
Fort Lauderdale, Florida 3330 I
Dear Ms. Henry:
I am writing in response to your letter of July 9 requesting the Division of Licensing's guidance on
matters concerning All ied Barton's business pract ices in providing security services to Broward County.
In your correspondence, you specifi call y ask for direction on two issues: (I) whether the circumstances
described in your Inspector General's (OIG) Preliminary Report involve a violation of licensing
requirements absent a full investigation and determination by our Division; and (2) whether a person
designated as a "project manager" under the terms of your contract with AlliedBarton must be a li censed
manager in accordance with the provisions of Plorida law.
Let me address the first issue by providing you with a summary of the key provisions in Chapter 493 that
apply to thi s situation. These provisions establ ish the basic licensing requirements for agencies and
branch agencies.
As you are already aware, section 493.610 I (I 0), Florida Statutes, defines the term ''branch office" as
'[E]ach additional location of an agency where business is actively conducted which advertises as
performi ng or is engaged in the business authorized by the license." In additi on, the law requires each
branch office to have a branch agency li cense (section 493.630 I (2), F.S.), and that a minimum of one
appropriately licensed individual be designated to act as a manager for each agency or branch office
location (section 493.6303( 1), F.S. ). Generally speaking, failure to abide by these requirements is a
violation of the law and would result in administrative acti on by our Division.
My response to the second issue you raise in your letter really hinges on whether the office operated by
Allied Barton in connection with its contract with Broward County is a branch office. If it is in fact a
branch offi ce as defined in statute, then All iedBarton must designate a licensed manager for that office in
accordance with the law. However, it is our view that A lliedBa11on is NOT operating a branch office in
this instance. Please all ow me to elaborate on thi s point.
You state in yo ur letter that Broward County provides office space to AlliedBarton in order to faci litate
the delivery of security services under that agency's contract with Broward County. You also state that
thi s office space is intended for use only in connection with delivery of security services to the airport or
the seaport and cannot be used to render servi ces to ot her agency clients .
..... '' ''" ....
~ ~
~
F ~
Fk>r\la.
-----------------------------
1-800-HELPFLA www.FreshFromFiorida.com
Ms. Bertha Henry
Jul y 19, 2012
Page 2
It has long been our opinion that an operational facility like the one you have described in your
correspondence- a facility that is devoted sol ely to the delivery of si te-specifi c security servi ces to a
single client and that is not engaged in soli citing business- does not need to be licensed as a branch office
in accordance with the normal requirements of the law cited above. In short, AlliedBarton is simply
maintaining a field command center for the purposes of providing contracted security servi ces to Broward
County. Therefore, Allied Barton does not need to designate an appropriately licensed individual to act as
a manager.
Acting at my direction, Mr. Fred Speaker, the Supervisor in our West Pal m Beach Regional Office,
conducted a site visit to Port Everglades on Tuesday, July 18, and met with Mr. Richard Mullan, the Vice
President/General Manager for AlliedBarton. Mr. Speaker was able to confi rm that AlliedBarton's offi ce
locations are in fact operating only as operational facilities for the security agency.
While AlliedBarton may not have to designate a manager to oversee a branch office in this particular
instance, the agency cannot relinquish its responsibility to provide adequate direction and control to the
armed personnel providing security services to the Fort Lauderdale-Hollywood International Airport and
Port Everglades, two high-profile critical infrastructure facil iti es. A site supervisor responsible for
overseeing the day-to-day activities ofsecurity personnel must still be licensed in accordance with the
requirements of the law.
My immediate concern, therefore, is for Allied Barton to have a properly licensed site manager providi ng
proper command and control to personnel carrying out the security funct ions at the airport and seaport.
To that end, I have expedited the processing of Mr. David Macedo's Class "MB" Security Agency
Manager License. That license has already been issued and is on its way to him in the mail.
l hope I have addressed the issues raised in your letter to your satisfaction. If you or any other Broward
County offi cial has any questi ons concerni ng this matter, pl ease do not hesitate to call me at your
convenience.
Sincerely,
Grea Bevis
Director, Di vision of Licensing
GB/kw
cc: Ken Wilkinson, Assistant Divi sion Director
John Raymakcr, Supervising Attorney
Ed Warren, Chief- Bureau of Regulation and Enforcement
Fred Speaker, Supervisor - West Palm Beach Regional Office
Exhibit C
7. Ensures that only authorized personnel are permitted access to
secure or restricted facilities or areas by detaining unidentified or
unauthorized individuals.
8. Reports safety hazards, malfunctioning equipment, liquid spills, and
other such matters to appropriate maintenance personnel.
9. Operates a motor vehicle where required.
1 0. Maintains order and uses good judgment and discretion in handling
unruly or trespassing public.
11 . Maintains logs and writes daily reports.
12. Provides escorting services and assists other security personnel as
required .
13. Directs traffic, controls parking, as authorized by this Agreement.
14. Maintains order within areas of assignment.
15. Safeguards and protects all existing structures, utilities, service,
roads, trees, shrubbery, etc. against damage or interrupted service.
Contractor shall be held responsible for any damage to the property
occurring by reason of the negl(gence of Contractor's employees or
agents on the property.
16. If requested, have the training and ability to use particular computer
applications, as required by the job site.
F. SPECIFIC SPECIFICATIONS PER CLASS:
1. CLASS II: Thi s is an intermediate classification of security offi cer.
This classification may be used in sensitive and high visibility areas.
The individual must meet all of the following minimum criteria:
a. Professional appearance and demeanor, with above
average communication skills.
b. At least 21 years of age.
c. Successful Completion of Background Investigation, as set
forth in the Request for Letters of Interest
d. Completion of State Required 40 Hours of Training for "D"
Security Officer License and possession of said license.
e. Have attended the training class to be conducted in
conjunction with the Airport and Port, prior to assignment
and have attended a refresher course each year.
f . In addition. the individual must meet one or more of the
following criteria:
(i) One (1 ) year of law enforcement or military
experience from any branch of the Armed Forces with
an honorable discharge documented on a 00214
form ; or
(ii) At least two (2) years of college experience (60
semester credit hours). resulting in an associate's
-6
degree or higher; or
(iii) One (1) year as a security supervisor or three (3)
years security experience with a meaningful
employment history.
2. CLASS Ill: This is the highest classification of security officer. This
classification shall work at courthouses and shall serve as
dispatchers for Office of Environmental Services and other
specialized locations requiring this type of background. The
individual must meet all the following minimum criteria:
a. Graduate of a certified federal, state, county, or local law
enforcement training program, military police training or
equivalent with appropriate certificate or diploma.
b. Have a minimum of three (3) full years experience in certified
law enforcement in a military or civilian setting (applies to
anned officers only).
c. Professional appearance and demeanor, with above
d. At least 21 years of age.
e. Successful Completion of Background Investigation, as set
forth in the Request for Letters of Interest.
f. Completion of State Required 40 Hours of Training for "D" or
"G" Security Officer Li cense and possession of said license.
g. Have attended the training class to be conducted in
conjunction with the Airport and Port, prior to assignment
and attended a refresher each year.
3. SITE SUPERVISOR: This position may be needed at certain
County sites as detennined by the applicable Using Agency
Representative. The individual must meet all of the following
minimum criteria:
a. Possess verifiable supervisory experience within either
civilian law enforcement, military, or with certified security
firm.
b. Graduate of a certified federal, state, county, or local law
enforcement training program, military police training, or
equivalent with appropriate certificate or diploma.
c. Have a minimum of three (3) full years of experi ence in
certified law enforcement in a military or civilian setting.
d. Professional appearance and demeanor, with above
e. At least 21 years of age.
f. Successful Completion of Background Investigation, as set
-7
forth in the Request for letters of Interest.
g. Completion of State Required 40 Hours of Training for "D" or
"G" Security Officer License and possession of said license.
IV. TRAINING
A. GENERAL:
1. Contractor is required to provide training to all field personnel in
order that the Airport and Port may be assured said personnel are
capable of assuming the responsibilities for their assignments. The
cost for such a training program is to be accommodated within the
overall hourly billing rate of the Contractor i.e., the time spent by
staff in such a program, though required, is not billable. All
Contractor's security personnel must successfully complete and
pass the course prior to assumption of duty under this Agreement.
This training course is to have the components set forth and must
be expressly approved by the Contract Administrator.
2. All employees assigned under this Agreement must already have
completed orientation and basic training by the Contractor including
facility operations before the employee is allowed to perform any
services for the Airport or Port. Evidence of this must be provided
to the Contract Administrator prior to assigning the employee. This
training will be at the Contractors expense.
3. Applicable post orders will be maintained on-site and updated
immediately when changes occur. A copy of all post orders, log
books, and other documentation shall be provided to the Airport or
Port, if requested.
4. Training also to include films, emergency service and procedures,
and traffic control.
B. EVALUATION OF TRAINING
The Contract Administrator shall evaluate the quality and completeness of
training provided to all Contractor personnel. Evaluations will include, but
not be limited to, reviews of techniques and methods of instruction, quality
of instructors, motivation, adequacy of classroom and supportive adjunct
training materials, test content, and individual guards' retentiveness.
C. INSTRUCTORS
All formal training is to be taught and/or presented by persons who are
appropriately certified in one or both of the fol lowing ways: By an
accredited institution of learning or governmental educational certification
body, or by documentation that the individual has sufficient experience
with the subject matter to instruct students in an authoritative, practical ,
current manner. All site training shall be provided by a site supervisor or
an experienced guard meeting the approval of the Contract Administrator.
-8
D. COURSE OF INSTRUCTION
A written copy of the proposed course of instruction shall be provided for
review and approval by the Contractor to the Contract Administrator. A
representative(s) of the Contract Administrator may visit the training
classes without notice, to monitor this course.
E. CERTIFICATION OF TRAINING
All training, with the exception of the follow-up orientation, shall be
completed prior to assignment under this Agreement. A written
certification of each employee's training, including supervisors, shall be
submitted to the Contract Administrator prior to an employee's entrance to
duty, except as specifically waived by the Contract Administrator.
1. Site Orientation Training
Contractor shall provide on-site training for Security Officers for
each shift to be worked in order to familiarize each Officer with the
post. Additional hours may be required at specific posts, and shall
be detailed in the appropriate Post Orders. Said training shall be
conducted by a site shift supervisor or experienced officer who is
fully qualified at the post. The trainee is not to be in an active duty
status and may not be placed on duty at that site until said training
has been completed. This training is to be conducted at each
different j ob site to which the Officer is assigned. The measure of
success for the training shall not be the time invested (e.g. eight (8)
hours) but rather the effectiveness with which the trained employee
is able to perform post duties. The Contract Administrator shall be
the sole assessor of that effectiveness. The Site Orientation
Training will consist of the following:
a. General and specific orders for the Post.
b. Policy and specific procedures for responding to alarms,
bomb threats, incendiary devices etc.
c. Procedures for access control and operation of the security
system within the area.
2. Refresher Training (RT}
Periodic training of each employee is required to be conducted by
Contractor' s Supervisors in order to insure continued understanding
of and familiarity with existing or new post conditions. Refresher
Training is to be conducted at a minimum of one time within the first
14 days of an empl oyee's post assignment, and additionally at the
request of the request of the Contract Administrator. Such training
shall be conducted at the expense of the Contractor and may
include, should circumstances dictate (e.g. repeated violations of a
guard), not only Site Orientation Training but also any or all portions
of Basic Instructional Training.
-9
OIG 12-008
APPENDIXB
HUNTON&
HUNTON & WI LLI AMS LLP
WILLIAMS II II llRICKELL AVI::NUE
SUITE :!500
MIAMI. FLORIL>A 33131
TEL 305 810 2500
FAX 305 810 <!460
BARRY R DAVIDSON
DIRECT DIAL 305
EMAIL bdaVI(h0nl'hunton com
July 23, 20 12 FILE NO:
John W. Scott
Inspector General
Michael Mee
Deputy [nspector General
Broward Office of the Inspector General
One North University Dri ve, Suite L L I
Pl antati on, Florida 33324
Re: Al li edl1nrton/Brownrcl OTG Preliminary Report Response
CONFI DENTlAL
Dear Messrs. Scott and Mee:
As you know, Hunton & Williams has been retained to represent AllicdBarton in
connection with your inquiry into licensing issues at both Port Everglades (the " Port") and f-ort
Lauderdale-Hollywood International Airport (the " Airpoti")(collecti vely the Port and Airport are
the " Ports"). On June 2 1,2012, Alli cdBarton received a copy of the Broward Office of the
Inspector General's ('Q[G") preliminary report regarding thi s matter (t he ' Preliminary Report"),
and was instructed to res pond by Jul y 23,2012. The fo ll owing constitutes AlliedBarton s
response.
The facts show that Allied Barton has an unmatched record of service in the security
industry. At all times, AllicdBarton has been in compliance with its contract with the P01i and
with the li censing requirements of Florida Statute Section 493 et seq. ("F.S. 493") related to the
licensing of managers. The Preliminary Report claims that AllicdBarton should have maintained
certain manager licenses for two Allied8arton employees, Ms. Anne Marie Cummings and Mr.
David Macedo, per F.S. 493 because they were " managers" as that tenn is defined in F.S. 493.
However, these individual s were not required under the statute to obtain managerial licenses for
t\.vo reasons. First, Ms. Cumming and Mr. Macedo did not have managerial duties as that term is
defined within F.S. 493. Second, F.S. 493.6303(1) only requires that there be one manager
I
li cense for a branch office, and for t\ lli edBarton's Deerfield, FL branch office, which manages
the Ports, a manager's license was held by Richard Mullan. Thus, at all times AlliedBarton
maintained. through Richard Mull an, the requi red manager license.
L Alli cdBarton Maintains an Unquestioned Reputation fo r Public Safety at the
Port and Airport.
The Preli minary Report makes no reference to Ms. Cummings' or Mr. Macedo's
significant securi ty credential s nor of the vett ing performed on these two individual s, despite the
fact that Ms. Cummings and Mr. Macedo were thoroughl y quali (iect for thei r positions and
underwent extensive security checks. Both Ms. Cummings and Mr. Macedo passed the TWlC
process which includes an extensive background and vett ing process conducted by the U.S.
Department of Homeland Security and the Trans portation Securi ty Admini stration ("TSA"). Thi s
level of vetting exceeds the vetting conducted by the slate of rlorida's licensing authorities as
required by F.S. 493.
The allegati on that " milli ons of persons" were at ri sk because of Mr. Macedo's role in
Port security is irresponsible. Prior to joining Allied Barton, Mr. Macedo had thirty years of
command and security experience <md training with the United States Coast Guard, which
included the management of major Coast Guard faciliti es. In addition, Mr. Macedo holds a
''Secure [dentifi cation Display Area'' ("SlDA' ') badge. SIDA vetting is a criti cal security layer
that also fall s under the TSA in its efforts to conduct security threat assessments for all
employees prior lo issuing an Airport badge. Likewise, Ms. Cummings was fully qualified, as
she had five years of prior administrative experi ence wi th a security company.
Alli edl3arlon correct ly processes over I 00,000 vehi cles monthly, appropriately
con(i scates approximately 250 Port identifi cations monthly, and processed 3.7 million crui se
shi p passengers in 20 11 alone wi thout incident. There is no fact in the Prel iminary Report that
would suggest that any person was ever at risk as a result of Ms. Cummings' or Mr. Macedo' s
employment.
Although AlliedBarton has been audi ted several times with regards to its security officers
and agency licenses, its managers' li censes or the quali fications or compet encies of
Al liedBruton's managers have never been chall enged.
On December 28, 20 II , the First Security Management Report conducted by Broward
County Security Compl iance Manager Ronald Thomasan, focusing on the quali fi cation of the
officers selected to serve at Port Everglades under the contract between Broward County and
All ieJBarton, concluded:
2
AlliedBarton is demonstrating clue diligence in the
executi on of its process to r the screeni ng, selection, and
hiring of the security offi cers to service the contract
re4uirements at Port Everglades.
First Security Munagemelll Report. December 28, 20 11 . As recently as July 2, 2012, a Second
Securi ty Management Report, once again authored by Security Compliance Manager Thomasan,
came to the same concl usion. Second Security lvfanagement Report , July 2, 2012.
("Al licdBarton continues to demonstrat e an appropria te level of clue diligence in the execution of
its process for the selection ami hi ring of security officers to successfully execute the contracted
sccmi ty responsibilities at Pon Everglades.").
Despite AllicdBarton's stellar security track record, the OlG's Preliminary Report never
expl ains, much less validates, its unsupported allegati on that there is a publ ic safety concern at
the Ports. Upon initial investigation, the OIG was provided with a "Licensing Compliance
Report" by Al liedBarton that disclosed a list of 125 Alli edBarton security officers working at the
Port that included their security licensing and Transportation Worker Identification Credent ial
("TWIC") informati on. This report showed that all Security Offi cers at the Port were. at the time
of the OIG invest igation, and are currently, 100% in compliance wi th F.S. 493's licensing
requirements.
ll. AlliedUar ton At All T imes Fully Compli ed with the Relevant Licen ing
Authori ty's Req uirement Regarding "Managers" Licenses.
l he Prelimi nary Report is rife with errors anc.l contradictions in its citation of the
governing authori!y. In fact. the maj ority or the Prelim mary Report is based on conclusions
drawn from informal discussions with unnamed local offi cials of the Division of Licensing
("DOL") and their understanding of F.S. 493, which contradict how F.S. 493 has previously and
uni formly been applied throughout the state.
A. T he OIG Pr eli mina r-y Report Improperly Defi nes t he Term
" Manager ."
The OIG' s findings are based on an incorrect interpretation of I'.S. 493, casting doubt on
the validity ofthe entire report. F.S. 493.6101( 13) simply and clearly describes a manager as
'any licensee who directs the acti vities of licensees at any agency or branch office. The manager
shall be assigned to and shall primari ly operate from the agency or branch office location for
which he is has been designated as manager. " Here. the purported li censing violation is wholl y
premised by the OIG on unnamed "offici als at the DOL" stating '' that any indi vidual scheduling
security guards or otherwise directing their day to day acti vities must be a licensed manager."
Prelim. Rpt. , I. Such a requirement is not r art of the plai n language of' r.S. 493. Si mply put,
F.S. 493.6 10 l ( 13) does not support the OIG 's central allegation, that Ms. Cummings and Mr.
Macedo were unl awfull y unlicensed managers based on the facts cited in the Preliminary Report.
3
B. Cummings and Macedo Were Not " Managers" Per F.S. 493 and, As
Such, Did Not Need Licenses.
AlliedBarton has met its licensing requirements by havi ng a licensed manager at its
Deerfi eld. FL branch offi ce. The Deerfi eld, FL branch offi ce manages All ieciBarton's operations
at the Ports, and has a licensed manager, Mr. Mull an. Moreover, neither the Port nor the Airport
is a branch office of AllieciBarton. As described in F.S. 493 and acknowledged in the
Preliminary Report, the statute onl y "requires that at least one li censed individual direct the
acti vities of the security offi cers.'' See Prelim. Rpt. , 8. The legality of this arrangement was
confirmed by an April 15,2005 DOL audit of the Deerfield 13ranch (the 2005 DOL Audit'') that
found the branch to be in rull compliance and that all employees were "properly licensed." See
2005 DOL Audit, Ex. l.
Ms. Cummings' positi on did not give rise to any managerial" duties as defi ned by F.S.
493. The OIG misrepresents Ms. Cumming' s position of District Manager for Alli ed13arton
("OM"), referring to it as a ''Top Sectuity Official.'' The Position of OM is that of a business
manager. The reference to "Top Security Oftici al" is not defined or described in All iedBarton' s
DMj ob description and was invented by the OIG Investigator. Additionally. the 010 purports to
cite 'several DOL Case Informat ion reports" that impose a li censure duty on someone in a
position like Ms. Cummings. 5>'ee Prelim. Rpt., 6. However, the OIG only descri bes one such
report by name and the attached report is so vague that it is impossible to compare the
circumstances described therein with that of Ms. Cummings. !d. Therefore. it appears that there
are no Case Information reports that suppoti the find ing that Mr. Cununings acted as a
' manager" under F.S. 493.
Similarl y, Mr. Macedo was not a "manager" as that term is defined in F.S. 493.6 101(1 3).
Due to the unique demands or the Count y, All iedBarton supplemented the statutory required
licensed "managerial" position with the position held by Mr. Macedo, whose credential s,
training, and years of security experience provided an extra layer of protection for the Port that
exceeded all statutory and contractual requirements.
III. AlliedBarton Complied with the Administration of the Contract.
At all times, Alli edBarton has been in compliance wi th the contract between Broward
County and All iedBarton (the "Contract"). having the necessary manager's li cense. The
Preliminary Repoti asserts that All icdBarton breached the Contract by fai ling to comply wi th
F.S. 493 's requi rement for the licensing of"managers." See Prelim. Rpt. , 9. As described
above, the Licensing Compl iance Report found that all individuals requiring licensing under F. S.
493.6 10 l, including a licensed individual managi ng security personnel, were, in fact, licensed at
the time of the OIG investi gation.
Moreover, the Contract itself anticipates a difrerent leve l of qualification for supervisory,
non-manageri al personnel such as Ms. Cummings and Mr. Macedo. Under article 8. 1, the
Contract states that "the perfonnance of the services requi red under this Agreement shall at all
times be under the supervision and direction of an active, qualified competent local Project
4
Manager. " Nowhere does this secti on, nor any other sec tion. state that any employee need be
licensed as a manager if they do not exercise managerial duties as defi ned under F.S. 493.
Therefore. All iedBarton has complied with the Contract' s provisions.
I . In the Spirit of Cooperation AlliedBar1:on Has Exceeded It Obli gations
Under the Licensing Requirements by Obtaining a Manager' s Liccn e for
M r. Macedo.
While it is clear that F.S. 493 does not require Mr. Macedo to hold a manager' s li cense
because he is not a manager as the term is defined in the statue. Allied Barton has always been
committed to acting as a partner wi th the County in its executi on of the Contract. Therefore, Mr.
Macedo was instructed to, and has already received a manager's li cense.'
V. AlliedBarton ndert ook Due Diligence to C omply with All Licensing a nd
Hiring Req uirements.
At all times AlliedBarton took reasonable due dili gence to comply with requirements in
its hiring and screening of personneL including Ms. Cummings and Mr. Macedo. Management
Reports, focusing on the qualifi cation of the officers selected to fill positions at the Port
concluded that All iedBarton has demonstrated due diligence in the execution of its process for
the screening, selection, and hiring of the security personnel to service the Contract requirements
at the Port. See First Security 1\lfanagement Report, December 28, :?.0 11 : Second Security
Management Report, July 2, 201 2. There is no evidence to support the Preliminary Report' s
findings that AlliedBarton engaged in misconduct. In fact, by all ind ications Al lied Barton
exceeded all security requirements for the Port and Airport.
As such, AlliedBarton respectfull y requests that the OIG's Final Report correctl y
determine that there are no facts to support any misconduct by Allied Barton related to licensing
issues at the Pons.
cc: Nancy Peterson
1
Ms. Cummings has not received a manager 's license because she is no longer employed by All iedBarton for
reasons totall y unrelated to the O!G inquiry.
5
DIVISION OF LJCFN)ING Posr OFFICE Box 3927
tSso) 245-5500 TALLAHASSEE, rLORIDA 32315-3927
t3so) 245-5505 P,u
2520 NORTH MONROE STREeT
FLORIDA Jlj0J.J052
FLORIDA D EPARTMENT OF AGRICULTURE AND CONSUMER SERVI CES
ADAM H. PuTNAM
July 2, 2012
Mr. Richard Root
600 West Hillsboro Boulevard
Suite 350
Deerfield Beach, Florida 33341
Dear Mr. Root:
In response to your public records request, a search of our files indicates that AlliedBarton
Security Services was initially issued Security Agency License B 2400212 pursuant to Chapter
493, Florida Statutes, on November 3, 2004. Administrative action is currently pending against
this hcense. This license will expire, unless renewed, on November 3, 2013. As you requested,
copies of the Compliance Inspection documents from case 2502135 are enclosed.
Certain information provided to the Division of Licensing is exempt from Section 119.07(1 ),
Florida Statutes, and Section 24(a). Article 1 of the State Constitution (the Public Records Law)
in accordance with the following: Section 493 6121(5) F.S.; Section 493.6121(7), F.S.; Section
493.6122, F.S.; Section 394.4615(7), F.S.; Secti on 397.501(7)(a), F.S. ; Section 119.071, F.S. ;
Section 119.15, F.S.; and the "Social Security Act", 42 U.S.C. 405 (c)(2)(C)(viii)(l}. Accordingly,
any such information has not been provided in this correspondence.
If you need further assistance. please call me at 850-245-5459.

--------------------------------
1800-HELPFLA FI6iida. www.FreshFromFiorida.com

Post Office Box 6687 Tallahassee, FL 323146687 (850) 487-0486
Internet Address: http://licgweb.doacs.state fl .uslindex.html
Chapter 493. Florida Statutes
CttAALE.S H. DROII:! OH

COMPLIANCE INSPECTION
AGENCY: BARTON PROTECTIVE SERVI CES , L.L.C.
TELEPHONE#:(954 ) 698- 5888
ADDRESS: 600 W. HI LLSBORO BLVD., SUITE 350 , DEERFIELD BEACH, FL 33441
LIC#: T! 2400212 3 2502135
DATE: . :!i/;s/os 9 .' J 0 M SEQ#: CASE#:
PART 1 GENERAL PROVISIONS
Non-Comp. N/ A
1 Bustness address. 493.6106(2)(a) ( J I
2 DACS license posted, 493.61 06(2)(b) [ J I I
3. Discl osure notice posted. 493.6106(2)(c)
I I
[ J
4. Li censed/designated manager. 493.6106(2)(d) ( l I I
5 City and county occupational license. 493.6107(5) [ I
6 General liability insurance, 493.6110
7. Usc of name. 493.6111(4)
I I I I
8. Identification cards. 493.6111 (5) [ l ( l
9. License number In advertisement, 493.6111 (6)
I I
[ 1
10. Corporate officors/partners. 493.6 112 ( I I I
11. Employment/tenmination of employees, 493.6112(2) ( J I I
12. Employees properly licensed I I r I
INVESTIGATIVE SERVI CES - N/A (>( )
13. Intern termination/biannual progress report. 493.6116(5) I I
[ 1
14. Interns properly sponsored. 493.6201 (6) [ l [ l
15. Carrying fi reanms, Yes ( I No I ]
PART 3 SECURITY SERVICES - N/A [
16. Firearm wai ver (returned}. 493.6115(6) l I [ J
17. Wearing of uniform, 493.6305(1) [ l [ J
18. Carrymg firearms, Yes ()() No {
e,ART 4 - RECOVERY SERVI CES NA}XJ
19. lntem termination/biannual progress report. 493.6116(5) I I [ J [ I
20. Int erns properly spor.sored. 493.6401(5) [ I
I I
[ 1
21. Properly Inventory/noti fication letter, 493.6404
22. License number on vehicl e, 493.6404(3) l I I I ! l
COMMENTS: ). 8'/ JlfiJ'l - o:r -:J/ /'Jetpk- 'Lt;:lu{-
. - ./.
.
----
INSPECTION ACKNOWLEDGMENT - The resulls. of lhts inspedion have been fully explamed tom y tho Depart mont of &
Consumer Services Investigator. ' understand that areas of noncompliance musl be corrected an \ administrative adion may occur as
a result of this tnspechon.

Investi gator Signature

Print Name
DACS-16034 1103 formerly LC3E183
Post Office Box 6687 Tallahassee, FL 32314-6687 (850) 487-0486
Internal Address: http://hcgweb.doacs.state.fl. usllndex.html
C
IWU.ES H. BRONSON
COMM SSIONER
AGENCY: BARTON PROTECTIVE SERVICES, L. L. C.
TELEPHONE #: ( 9 54 ) 698- 5888
600 W. HILLSBORO BLVD ., SUI'l'E 350, DEERFI ELD BEACH , l"L 33441
ADDRESS:
DATE: t;)S /osTIME: 9 .' .3 0 _A.A LIC#: B 2400212
SEQ#:
3
CASE#: 2502135
PART 1 - GENERAL PROVISIONS
Non-Comp. N/ A
1. Business address, 493.61 06(2)(a)
I I I I
2. DACS llcP. nse posted, 493.6106(2)(b)
I I I I
3. Disclosure noti ce posted, 493.6106(2)(c)
l I [ I
4. Licensed/designated manager. 493.61 06(2)(d)
I l I I
5. Ci ty and county occupational license, 493.6107(5)
I I
6. Generalliabllltyinsurance, 493.6110
7. Use of name, 493.6111(4)
I I I I
8. Identification cards. 493.6111 (5)
I I f I
9 License number In adverti sement. 493.6111 (6)
I l
[ 1
10. Corporate officers/partners. 493.6112
I J I I
11 EmploymenVterminatlon of employees, 493.6112(2)
I I I I
12. Employees properly licensed
I I l I
PART 2 INVESTIGATIVE SERVICES - N/A K 1
13. h\tern termination/biannual progress report, 493.6 116(5) ( 1 I I
14. Interns properl y sponsored, 493.6201(6) ( 1 ( J
15. Carryrng firearms, Yes { I No [ 1
PART 3 SECURITY SERVI CES - NIA (
16. Firearm wai ver (returned}, 493.6115(6)
I I
17. Wearing of uniform, 493.6305( 1)
f I
18. Carrying firearms, Yes LXI No 1
PART 4 - RECOVERY SERVICES - NApl
19 Intern termination/biannual progress report, 493.6116(5) [ 1
20. Interns property sponsored, 493.6401 (5) l J
21. Property lnvontory/nol ification l etter, 493.6404
22 License number on vehicle, 493.6404{3)
I I l I l I
INSPECnON ACKNOWLEDGMENT The results of thts inspection have been fully explained to by the Department of J\griculturo &
ConS\Jmer SetVices Investigator. I understand that areas of noncompliance must bo conected an
a result of this inspection.
t lrs/a.s
lnvesligator Signature Date

Print Name
DACS- 16034 1/03 formerly LC3E 183
t administrative action may occur as
- --- - - . -
Tt>o resul ts of this rnspectron have been fully 6Xptarned to m

Post Office Box 6687 Tallahassee, FL 32314 6687 {850) 487.0486
lntemetAddress: http://licgweb.doacs.stal e.ll.us/index.html
CKAALES H. ORONWN
COMMISSIONER
AGENCY: BARTON PROTECTIVE SERV I CES , L.L . C.
TELEPHONE#:( 954 ) 698- 5888
ADDRESS: 600 W. HILLSBORO BLVD. , SUITE 350, DEERFIELD BEACH , FL 33441
LIC#: B 240021 2
SEQ#:
3
CASE#:
2502135
PART 1 - QENERAL PROVISIONS
NonComp. N/A
1. Busrness address, 493.6106(2}{a) [ I I I
2. DACS license postod, 493.61 06{2){b)
I I [ J
3. Disclosure notice posted. 493 6106(2)(c)
I I
[ J
4. Li censed/designated manager, 493.6106(2){d)
I I
[ J
5 City and county occupati onal license, 493.6107(5)
I I
6. General liability Insurance, 493 6110
7. Useofname, 493.6111(4) [ I I J
8. Identification cards, 493.6111 (5) [ ) [ J
9 Li cense number in advertisement, 493.6111(6)
I I I I
I I I l
11. EmploymenVtermination of employees, 493.61 12(2)
I I
[ 1
12 Employees properly licensed [ l [ J
PART 2- INVESTIGATIVE SERVICES - NI A !>( l
13. Intern termlnationlbi<mnual progress report, 493.6116(5) ( 1
14. Interns properly sponsored. 493.6201 (6)
I I
15. Canying firearms. Yes [ ] No [ 1
PART 3 SECURITY SERVICES - N/A [
16. Firearm waiver (returned), 493.611 5(6) [ 1 I I
17. Wearing of uni form, 493.6305(1) [ 1 [ I
18. Carrying firearms. Yes[)() No [
PART 4 -RECOVERY SERVICES NA_p<4
19. Intern lorminalion/biannual progress roport, 493.6116(5) [ I [ l
20. Interns properly sponsored. 493.6401 (5) [ I I ]
21. Property Inventory/notification letter. 493.6404
22. Li cense number on vehicle, 493.6404(3) I ) I I [ l
?$";#' (2[)/Jlf11-oS:-
--
r:' a...l.Lu:J cf/- tT

..
INSPECTION ACKNOWLEDGMENT
Consumer Servrces lnvestrgator. I understand Ihat areas of noncompliance must be corrected an
a result or thos inspedlon.
WS/a_S
Investigator Signature Dal e

Print Name
DACS- 16034 1/03 formerly LC3E183

FLORIDA 9EPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Post Office Box 6687 Tallahassee. FL 32314-0687 (850) 487-0486
Internet Address: h ltp://licgweb.doacs.stale. fl. us/index. html
Chapter 493, Florida Statutes
CftAALE$ H. BROIISON
COio'MISSIONER
AGENCY: BARTON PROTECTI VE SERVICES, L. L. C. TELEPHONE #: ( 9Sl ) 698- 5888
600 W. HILLSBORO BLVD . , SUITE 350 , DEERFI ELD BEACH , FL 33441
ADDRES S:
UC#: ll 24002 12
SEQ#:
3
CASE#: 2502135
PART 1 GENERAL PROVISIONS
Non-Comp. N/A
1. Bus1ness address. 493.61 06{2){a) I I l I
2. DACS license postod, 493.6106(2)(b) [ J [ l
3. Disclosure nobce posted, 493.6106(2)(c) [ l I l
4. llcensed/deslonated manager, 493.6106(2)(d) I I I J
( 1 5. City and county occupational license. 493.6107(5)
6 General liability insurance, 493.6 110
[ l l I
6 Identification cards, 493.6111 (5) l I I I
7. Useof name,4936111(4)
9. License number in advertisement, 493.611 I(6) l I l I
[ I
[ )
11. EmploymenUtermlnatlon of employees. 493.6112(2) l I l I
12. Employees properly licensed I I l I
PART 2 INVESTIGATIVE SERVICES- N/Ab( )
13. Intern termination/biannual progress report. 493.6116(5) l J
[ I
14. Interns property sponsored. 493.6201 (6) l I
[ J
15. Carry1ng liroarms, Yes 1 1 No [ I
PART 3 . SECURITY SERVI CES - N/A [
16. Firearm waiver (returned). 493.6115(6) l I I I
17 Wearingotuniform,493.6305{1) l I
[ l
16. Carrying fi rearms, Yes [)(] No [
PART 11 RECOVERY SERVICES NAp<il
19. Intern terminollonlbiannual prooreos report. 493.6116(5) [ I ( I
20. Interns properly sponsored, 493.6401 (5) [ I [ I
21 . Property Inventory/noti fication l etter, 493.6404
22. Li cense numbor on vehicle, 493.6404(3) [ 1 I I l l
COMMENTS: ;2.8/ JlfiJ1 C2U-:J-
--
':' (7
- - --- .
INSPECTION ACKNOWLEDGMENT - Tho resulls of Inspection !'ave been fully explained tom by the QQpartment of Agriculture &
Consumer Services Investigator. I understand that areas of noncornphanco must be corrected an
a result of th1s Inspection

WS/a.S
Investigator Signature Date
4tert0
Pri nt Name
DACS-16034 1103
formerly LC3E183
I admtnistrative action may occur as
OIG 12-008
APPENDIXC
Mee, Michael
From: Mee, Michael
Sent: Thursday, June 21, 2012 1:57 PM
To: 'cummings0706@yahoo.com'
Subject: Prel iminary Report
Attachments: OIG 12-008 Final Report_6_21_2012.pdf
Ms. Cummings: Attached pl ease find a copy of the Office of the Inspect or General's preliminary report regarding
unlicensed managers operating security services at Port Everglades and Fort Lauderdale-Hollywood International
Airport. A cover letter addressed t o you has also been attached. The cover letter advises that should you wish to
provide a response t o the report, we must receive your written response no later than July 21, 2012.
Please respond to this email advising that you have received both the report and cover letter. Thank you.
Michael Mee, Deputy Inspector General
One N. University Drive, Suite 111
Plantation, FL 33324
(954) 357-7873
www.browardi g.org
1
----------
Rhodes, David
From: Rhodes, David
Sent: Tuesday, June 26, 2012 1:24 PM
To: 'Ann Genovese'
Cc: Morales, Ronald; Mee, Michael
Subject: RE: EMail Address Change
Attachments: OIG 12-008 PrelimReport_6_21_2012.pdf
Ms. Cummings: Based upon your request, pl ease find attached a second copy of the Office of the Inspector General's
preliminary report regarding unl icensed managers operating security services at Port Everglades and Fort Lauderdale
Hollywood Int ernational Airport. A cover letter addressed to you has also been attached. The cover letter advises that
should you wish to provide a response to the report, we must receive your written response no later than July 21, 2012.
Please reply to this email advising that you have received the report and cover letter.
Thank you.
From: Ann Genovese [mailto:ann qenovese0706@yahoo.coml
To: Morales, Ronald
Cc: Rhodes, David
Subject: EMail Address Change
Good Afternoon,
Hope you are both well.
Is there anyway that you can send your report to my new email address? I am no longer going to use the other
that I gave you previously. Once I receive, I will confirm with you both that I have received it.
Thank you
Ann Marie
1
Rhodes, David
From: Ann Marie Cummings <ann_genovese0706@yahoo.com >
To: Rhodes, David
Subject: Re: EMail Address Change
On Jun 26, 2012, at 2:24PM, RJ1odes, David wrote:
<OIG 12-008 PrelimReport_6_21_2012.pdf>
Good Afternoon,
I have received and reviewed.
There is one area that needs to be corrected. It states that Mr. Mullan advised me that I was being terminated
due to the investigation and the $750 fine. That is false. That is what I thought was the reason why I was
released.
Mr. Mullans exact words to me was that he "want to make a change". There was no discussion whatsoever
about this investi gation or the fines ..... please correct thi s and resend to me.
Thank you
Respectfully,
Ann Marie
1
Rhodes, David
From: Ann Marie Cummings <ann_genovese0706@yahoo.com>
Sent: Monday, July 09, 2012 12:03 PM
To: Rhodes, David
Good afternoon gentlemen,
I was just following up to see if the changes that I requested to be made have been completed. I did not see the
changes in what was mailed to me, and was wondering if Mr. Mul lan has received the same document.
Please follow up with me as soon as possible.
Thank you,
Ann Marie
On Jun 26,2012, at 2:24PM, Rhodes, David wrote:
Ms. Cummings: Based upon your request, please find attached a seco nd copy of the Office of the Inspector General's
preliminary report regarding unlicensed managers operating security services at Port Everglades and Fort Lauderdale
Hollywood International Airport. A cover letter addressed to you has also been attached .. The cover letter advises that
should you wish to provide a response to the report, we must receive your written response no later than July 21, 2012.
Thank you.
From: Ann Genovese [mailto:ann qenovese0706@yahoo.coml
To: Morales, Ronald
Cc: Rhodes, David
Subject: EMai l Address Change
Good Afternoon,
Is there anyway that you can send your report to my new emai l address? I am no longer going to use the other
Thank you
Ann Marie
1
Under Florida law, most e-mail messages to or from Broward County employees or officials are public
to or from the County, inclusive of e-mail addresses contained therein, may be subject to public
disclosure.
2
Rhodes, David
From: Rhodes, David
Sent: Tuesday, July 17, 2012 5:20PM
To: 'Ann Marie Cummings'
Cc: Moral es, Ronald; Mee, Michael
Subject: RE: EMail Address Change
Ms. Cummings,
We have made repeated efforts to contact you on your cell phone and left messages but have not heard back from you.
Please note that we generally attach the responses of impli cated parties to the final reports. If you wish to submit a
formal response plea se do so, otherwise your e-mail correspondence will represent your official response regarding the
report's findings. Please note that if you have any additional comments, they must be received by July 21, 2012 in order
to be considered for inclusion in the final report.
Thank you again,
From: Ann Marie Cummings [mailto:ann genovese0706@yahoo.coml
Sent: Monday, July 09, 2012 12:03 PM
To: Rhodes, David
Good afternoon gentlemen,
I was just following up to see if the changes that I requested to be made have been completed. I did not see the
changes in what was mailed to me, and was wondering if Mr. Mullan has received the same document.
Please follow up with me as soon as possible.
Thank you,
Ann Marie
On Jun 26, 2012, at 2:24PM, Rhodes, David wrote:
Ms. Cummings: Based upon your request, please fi nd attached a second copy of the Office of the Inspector General' s
preliminary report regarding unli censed managers operating security services at Port Everglades and Fort Lauderdal e
Hollywood International Airport. A cover letter addressed to you has also been attached. The cover letter advises that
should you wish to provide a response to the report, we must receive your written response no later t han July 21, 2012.
Thank you.
From: Ann Genovese [mailto:ann genovese0706@yahoo.coml
To: Morales, Ronald
1
Cc: Rhodes, David
Subject: EMail Address Change
Good Afternoon,
Is there anyway that you can send your report to my new email address? I am no longer going to use the other
Thank you
Ann Marie
Under Florida law, most e-mail messages to or from Broward County employees or officials are public
to or from the County, inclusive of e-mail addresses contained therein, may be subject to public
disclosure.
2

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