Judges: STEPHEN F. DEAN
Agency: Department of Agriculture and Consumer Services
Latest Update: May 20, 1983
Summary: Deny Petitioner licensure as class "C" private investigator because he lacks necessary experience.
82-3439.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
RICHARD K. BLACK, )
)
Petitioner, )
)
vs. ) CASE NO. 82-3439S
)
DEPARTMENT OF STATE, )
DIVISION OF LICENSING, )
)
Respondent. )
)
RECOMMENDED ORDER
The final hearing in this matter was held pursuant to notice on April 13, 1983, in Tallahassee, Florida, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose upon the denial by the Respondent of the application of the Petitioner, Richard K. Black, for licensure as a Class "C" Private Investigator. Pursuant to the stipulation of the parties that Mr. Black was qualified for licensure as a Class "C" Private Investigator except for his experience, the sole factual issue was the amount of experience, or training, that Mr. Black had had.
APPEARANCES
For Petitioner: Richard K. Black, pro se
294 Oakview Drive Tallahassee, Florida 32304
For Respondent: Stephen Nall, Esquire
Office of General Counsel Department of State
The Capitol
Tallahassee, Florida 32301
Mr. Black was advised of his right to counsel and desired to represent himself. Contrary to the assertions in his proposed findings that he was not given time to prepare, Mr. Black had requested an expedited hearing and was given an expedited date. That hearing date was continued on the Department's motion because of the expected duration of the hearing (it was originally scheduled for four hours and eventually lasted over six hours). At the commencement of the hearing, Mr. Black indicated his desire to have the hearing completed on that date rather than to have the proceeding continued.
At the conclusion of the hearing, it was determined that Mr. Black had not submitted transcripts of college courses which he claimed met the training requirements of Section 493.306(4), Florida Statutes, and that the Department had not credited him with any training based upon said course work. Therefore, Mr. Black was given ten days in which to submit to the Department any transcripts which he desired to have evaluate said course work, notifying Mr.
Black and the Hearing Officer of the results of said evaluation. Both parties
complied, and the evaluation by the Department was submitted to the Division of Administrative Hearings, whereupon the record in this cause was closed.
Both parties submitted post hearing proposed findings of fact in the form of a proposed recommended order. To the extent the proposed findings of fact have not been included in the factual findings in this order, they are specifically rejected as being irrelevant, not being based upon the most credible evidence, or not being a finding of fact.
FINDINGS OF FACT
Richard K. Black submitted his application for a Class "A" Private Investigative Agency license and a Class "C" Private Investigator license to the Department of State on November 11, 1982, together with all the fees.
By letter dated November 19, 1982, the Department advised Mr. Black of the approval of the issuance of the Class "A" license subject to certain qualifications, which were not challenged by Mr. Black and are not at issue.
By letter dated November 18, 1982, the Department advised Mr. Black that it had denied his application for licensure as a Class "C" Private Investigator because Mr. Black failed to meet the experience requirements of Section 493.306(4), Florida Statutes.
Mr. Black made a timely request for a formal hearing pursuant to Section 120.57, Florida Statutes.
The parties have stipulated that Mr. Black is qualified to hold a Class "C" Private Investigator license except for his lack of experience.
Investigative activities of a private investigator include, but are not limited to, searching records, interviewing witnesses, making personal observations of physical evidence, conducting surveillances, and reporting the results and conclusions of these activities.
While a student at Broward Community College during 1974 and 1975, Mr. Black served as a member of the "504 Committee," a volunteer organization whose purpose is to assist persons protected by Section 504 of the Federal Rehabilitation Act of 1973. Mr. Black's primary duties with said committee consisted of receiving complaints of alleged violations of the Rehabilitation Act concerning lack of physical access to public facilities, taking physical measurements of said facilities, performing library research to determine the applicability of the Act to said facility, and attempting to obtain compliance of the owner of the facility when a violation was found. Of these duties, the interviewing process and taking physical measurements would be qualified experience. No evidence was presented by Mr. Black regarding the specific amount of time which he devoted to these functions.
While a student at Broward Community College during 1976 and 1977, Mr. Black engaged in a volunteer voter registration project for the handicapped. Mr. Black's primary duties in this regard consisted of obtaining voter registration data from public records, identifying areas in which registration of the handicapped was low, conducting house-to-house registration drives in said areas, writing letters, and arranging car pools. None of these activities qualify as experience for licensure as a private investigator.
Mr. Black served as a volunteer firefighter for the North Andrews Volunteer Fire Department from 1972 to 1976. During this time, he attended a bomb and arson investigation seminar and assisted in a few arson investigations. Mr. Black did not document the specific number of investigations which he conducted or the amount of time spent in said investigations.
During 1979 and 1980, during the tenure in office of Sheriff Ken Katsaris, Mr. Black served as a volunteer "special deputy" in Leon County. Mr. Black's primary duties consisted of inspecting polling places in the county to determine if proper access existed for the physically handicapped and reporting non-complying conditions to the Sheriff. While not all of Mr. Black's activities were qualified experience, he spent approximately 120 total hours on all activities in this project in 1980.
For approximately three months, from August until October 1981, Mr. Black served as a nonpaid intern with the Florida Parole and Probation Services. Approximately 50 percent of this time was devoted to the qualified activities of locating probationers and parolees and assisting in investigations.
Mr. Black assisted in processing service-connected or related disability claims for disabled veterans on a volunteer basis in the Leon County area. He assisted on five or six cased during the last several years. No evidence was submitted to document the specific amount of time Mr. Black devoted to the investigation of these claims.
Mr. Black assisted the Alburquerque, New Mexico, police in locating the whereabouts of a fugitive from justice. This assistance was as a volunteer, and Mr. Black testified that he spent 20 to 25 hours a week for three months on this project.
While attending Florida State University, Mr. Black participated in various programs to assist handicapped students. These activities are similar to the activities in which Mr. Black engaged as described in Paragraph 6 above. No evidence was presented as to the amount of time spent in qualified investigative activities during this time period.
Mr. Black completed a four-day course in crisis intervention in 1981.
Mr. Black obtained a Bachelor of Science degree in psychology from Florida State University. Although some of his course work in general subjects would be the same as the general course work required for a degree in criminology and some of the psychology courses which Mr. Black took would be helpful to an investigator, none of the course work which Mr. Black took is directly related to training as a private investigator.
In evaluating the experience requirement for a Class "C" Private Investigator experience which is substantially identical and equal in force, power, effect and import as the experience gained in actually performing the services of a private investigator as a Class "CC" intern investigator. In evaluating the amount of time spent in investigative activities, the Department applies a standard 40-hour work week to the hours submitted by the applicant. The Department does not count volunteer experience in evaluating whether an applicant has met the time requirement unless the number of hours worked and the supervision exercise can be fully documented.
Mr. Black has never been licensed as a Class "CC" intern investigator.
CONCLUSIONS OF LAW
The Department of State has authority to license private investigators pursuant to the provisions of Chapter 493, Florida Statutes. The Division of Administrative Hearings has authority to enter this Recommended Order pursuant to the provisions of Section 120.57(1), Florida Statutes.
Section 493.306(4), Florida Statutes, provides that an applicant for Class "C" licensure must demonstrate that he has at least two years experience or training in one or a combination of more than one of:
Private investigative work or related fields of work that provide equivalent experience or training;
College course work and seminars related to private investigation, except that no more than one year may be used from this category; or
Work as a Class "CC" - licensed intern.
Testimony was received concerning the manner in which the Department evaluates the nature of the experience and the amount of time which an applicant has had. The Department's policies are consistent with the plain language of the statute and are not arbitrary or capricious.
Considering the facts under the most liberal application of the Department's policies and in a manner most favorable to Mr. Black, the following is a summary of Mr. Black's experience:
Activity with "504 Committee" taking complaints and physical measurements of facilities--time not substantiated.
Voter registration project-- duties not qualifying and time not substantiated.
Bomb and arson investigation as a volunteer fireman, to including training-- time not substantiated.
Leon County volunteer and "special deputy"-- three weeks.
Intern with Florida Parole and probation Services--six weeks.
Processing claims for disabled veterans--time not substantiated.
Assisting Alburquerque, New Mexico, police department--six weeks.
Activities while at Florida State University--time not substantiated.
Attendance at crisis intervention seminar--four days.
Course work at Florida State University--no qualifying course work.
Of the two years required credit, Mr. Black has only 14 weeks and 4 days experience under the most liberal application of the statutory language regarding his experience and education. Mr. Black has not demonstrated the two years of experience required by Section 493.306(4), Florida Statutes.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the application of Richard K. Black for licensure as a Class "C" Private Investigator be denied.
DONE and RECOMMENDED this 20th day of May, 1983, in Tallahassee, Leon County, Florida.
STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 20th day of May, 1983.
COPIES FURNISHED:
Mr. Richard K. Black
249 Oakview Drive Tallahassee, Florida 32304
Stephen Nall, Esquire Office of General Counsel Department of State
The Capitol
Tallahassee, Florida 32301
The Honorable George Firestone Department of State
The Capitol
Tallahassee, Florida 32301
Docket for Case No: 82-003439
Orders for Case No: 82-003439
| Issue Date |
Document |
Summary |
|
May 20, 1983 |
Recommended Order
|
Deny Petitioner licensure as class "C" private investigator because he lacks necessary experience.
|
