STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOBBY E. DURDEN, )

)

Petitioner, )

)

vs. ) CASE NO. 78-724S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on May 19, 1978, in Miami, Florida.

The following appearances were entered: Michael H. Weisser, Miami Beach, Florida, for the Petitioner, Bobby E. Durden; and Gerald Curington, Tallahassee, Florida, for the Respondent, Division of Licensing.

The Petitioner filed an application for a private investigative agency license. The Respondent denied the application, and the Petitioner requested a hearing. The Division of Licensing requested that a Hearing Officer from the Division of Administrative Hearings be assigned to conduct the hearing. The final hearing was scheduled by notice dated May 2, 1978.

FINDINGS OF FACT

1. The primary issue presented at the hearing in this case is whether the Petitioner has the requisite experience as an investigator. From 1973 through January, 1977, the Petitioner was employed on a full-time basis with the Dade County Department of Human Resources. Although a small portion of his work with Dade County was investigative in nature, his role was primarily as a counselor or social worker. During the same time the Petitioner worked on a part-time basis with the Minorities Contractors Association. In this capacity he did credit checks and background checks on individuals who were seeking loans from the corporation. During this same period the Petitioner worked on a part-time basis with attorneys. He worked as an investigator, observing accident scenes, taking photographs, getting statements from potential witnesses, and other general investigative work. The Petitioner has worked in these part-time capacities for more than three years. The investigative work would amount to approximately 18 months of full-time experience as an investigator.

   
   

2. The Petitioner has been arrested approximately 7 or 8 times. The most serious arrest was in 1963 for Contributing to the Delinquency of a Minor. This conviction was not reflected on the Petitioner's application. It does not appear that the Petitioner's civil rights have been taken from him, and it does appear that he has not been arrested for a period of in excess of five years.

3. It appears that, except for his lack of experience, the Petitioner is qualified for licensure as a private investigative agency.

   
   

   CONCLUSIONS OF LAW

   
   

4. Florida Statutes 493.04(1) provides that applicants for positions as private investigative agencies should have at least three years experience performing that type of work. The Petitioner has worked in fields which have provided the proper sort of experience for a period of in excess of three years; however, the work has been on a part-time basis. It is concluded that the three years provided in the statutes is intended to mean three years of full-time experience.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby

RECOMMENDED:

That the Petitioner's application for licensure as a private investigative agency be denied.

RECOMMENDED this 30 day of May, 1978, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 30 day of May, 1978.

COPIES FURNISHED:

Michael H. Weisser, Esquire Skylake State Bank Building 1550 Miami Gardens Drive

North Miami Beach, Florida 33179

Gerald Curington, Esquire General Counsel Department of State Plaza Level

New Capitol Building Tallahassee, Florida 32304

Mr. Marvin Sirotowitz Bureau Chief

Division of Licensing The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000724

Orders for Case No: 78-000724