STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

VICTORIA RENNA, )

)

Petitioner, )

)

vs. ) DOAH Case No. 87-2022

) BOARD OF LANDSCAPE ARCHITECT'S, ) DEPARTMENT OF PROFESSIONAL )

REGULATION, )

)

Respondent. )

)

RECOMMENDED ORDER

This matter came on for hearing in Tallahassee, Florida before Robert T. Benton, II, Hearing Officer of the Division of Administrative Hearings, on July 30, 1987.

Petitioner did not appear in person or through counsel. Respondent was represented by counsel:

Chester G. Senf, Esquire Deputy General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

After petitioner wrote respondent a letter dated March 18, 1987, referring to her "wish to appeal the decision made by the examiners, pursuant to the Florida State Statutes rule 21-11.12," respondent referred the matter to the Division of Administrative Hearings, in apparent conformity with Section 120.57(1)(b)3., Florida Statutes (1986 Supp.), evidently on the assumption of a dispute of material fact.

FINDINGS OF FACT

1. Neither petitioner, who made no appearance, nor respondent adduced any evidence.

   
   

   CONCLUSIONS OF LAW

   
   

2. As an applicant for a professional license, petitioner Renna has the burden to show entitlement by demonstrating the invalidity of grounds proposed for denial. See Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778, (Fla. 1st DCA 1981); Zemour, Inc. v. State Division of Beverage, 347 So.2d 1102 (Fla. 1st DCA 1977)(lack of moral character found "from evidence submitted by the applicant"). See generally Balino v. Department of Health and Rehabilitative Services, 348 So.2d 349 (Fla. 1st DCA 1977). It is "fundamental that an applicant for a license or permit carries 'the ultimate burden of

   persuasion' of entitlement through all proceedings ... until ... final action has been taken by the agency." Department of Transportation v. J.W.C. Co., Inc., 396 So.2d 778, 787 (Fla. 1st DCA 1981).

   
   

3. By failing to put on any evidence whatsoever at the time and place appointed for the final hearing in these formal administrative proceedings, petitioner failed to carry the burden of establishing entitlement to licensure as an architect.

RECOMMENDATION

It is, accordingly, RECOMMENDED:

That respondent deny petitioner's application for licensure.

DONE AND ENTERED this 4th day of August, 1987, in Tallahassee, Leon County, Florida.

ROBERT T. BENTON, II

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 4th day of August, 1987.

COPIES FURNISHED:

Chester G. Senf, Esquire Deputy General Counsel Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Victoria Renna

6069 #2 Forest View Square

Memphis, Tennessee 38115

Ms. Pat Ard Executive Director

Board of Landscape Architects

130 North Monroe Street Tallahassee, Florida 32399-0750

Honorable Van B. Poole Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Joseph A. Sole, Esquire General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 87-002022

Orders for Case No: 87-002022