STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GEORGE A. JENKINS, )

)

Petitioner, )

)

vs. ) CASE NO. 79-1988S

) SECRETARY OF STATE, DIVISION ) OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice on February 5, 1980, in Tampa, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose on the Petitioner's request for a hearing on the denial of his application for licensure as a Class "A" private investigation agency on the grounds that the applicant lacked the requisite number of years experience, particularly one year's experience in the State of Florida.

APPEARANCES

For Petitioner: Jonnie M. Hutchison, Esquire

145 East Haines Boulevard Post Office Box AL

Lake Alfred, Florida 33850

For Respondent: W. J. Gladwin, Jr., Esquire

Assistant General Counsel Department of State

The Capitol

Tallahassee, Florida 32301 ISSUES

Prior to commencement of the hearing, the parties stipulated that the applicant had filed an application for a Class "A" private investigative agency license, and the application was offered and received as Exhibit 1. Further, the parties stipulated that the sole grounds for denial is that Jenkins lacks three years of experience performing the type service permitted under the license applied for or the equivalent in related fields, one year of such experience being within the State of Florida.

The sole issue is whether Jenkins has three years total experience performing the type service permitted under the Class "A" license or the equivalent thereof in related fields, one your of which is in Florida.

FINDINGS OF FACT

1. George Jenkins filed an application for licensure with the Department of State for a Class "A" private investigative agency license. Jenkins is qualified in every respect with the exception of his experience, which is at issue and concerning which further findings are made below.

   
   

2. Jenkins served in the Air Police of the United States Air Force from 1953 until 1957. He performed those duties generally performed by military policemen from November 17, 1953, until February of 1957. These duties are generally patrol and guard functions as opposed to criminal investigation.

   
   

3. Jenkins worked for Montgomery Ward in Lakeland, Florida, for 1.5 weeks; Wooco in Lakeland, Florida, for 11 weeks; and Imperial Bank in Lakeland, Florida, for 12 weeks. His duties were those of a security guard.

   
   

4. Jenkins worked in Florida for Wheeler and Associates from June 30, 1975, until June 30, 1976, repossessing cars. He then worked for Frontier International Investigations in Florida from July 1, 1977, until December 15, 1977, repossessing automobiles.

   
   

5. Jenkins also repossessed cars for American Bank of Lakeland from 1973 to January of 1980; Barnett Bank of Lakeland from 1975 until 1979; Mid-Florida Schools Federal Credit Union from 1975 until February of 1980; First District DOT Employees Credit Union from February, 1975, until February, 1980; and Publix Employees Credit Federal Credit Union from July, 1974, until January of 1980. All these businesses are located in Florida.

   
   

6. Jenkins seeks to obtain the Class "A" license to continue his business repossessing cars. The record reflects that he has been self-employed and employed by other Class "A" licensees to perform the business since 1973. While Jenkins is a full-time employee of the United State Post Office, there is no question that this has been a major part-time occupation.

   
   

7. Jenkins' service with the United State Air Force together with his approximately six months' experience as a security guard and his part-time self- employment and employment with others repossessing cars would meet the total experience requirement of three years, and clearly well over one year of that experience has been in Florida.

   
   

   CONCLUSIONS OF LAW

   
   

8. Section 493.04, Florida Statutes, provides that an applicant must have three years experience performing the type service performed under the license applied for or the equivalent thereof in related fields, and that one year of this experience must be in Florida.

   
   

9. Section 493.01(1) defines a private investigative agency as any person.

   . .engaged in the business of furnishing for hire private investigations. Section 493.01(6)(e) includes within the definition of private investigations the business of repossessing. Therefore, anyone who is experienced in repossessing has experience as a private investigator.

   
   

10. The facts reveal that the applicant has been engaged in this business either self-employed or working for a private investigative agency since 1973, or seven years. The seven years of part-time work done by the applicant easily satisfied the requirement for one year's experience in Florida. The applicant

has an additional six months of experience as a security guard and several years' experience as a military or air policeman. This type of experience is equivalent experience in related fields which may be considered in determining the applicant's qualifications. The applicant has at least two years of equivalent experience.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer recommends that the Department of State grant the application of George Jenkins for licensure as a class "A" private investigative agency.

DONE and ORDERED this 13th day of February, 1980, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

COPIES FURNISHED:

W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State

The Capitol

Tallahassee, Florida 32301

Jonnie M. Hutchison, Esquire

145 East Haines Boulevard Post Office Box AL

Lake Alfred, Florida 33850

Docket for Case No: 79-001988

Orders for Case No: 79-001988