STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

A CLEANING CREW, )

)

Petitioner, )

)

vs. ) CASE NO. 92-4287

)

STATE OF FLORIDA, )

DEPARTMENT OF MANAGEMENT SERVICES, )

)

Respondent, )

)

RECOMMENDED ORDER

Pursuant to notice, Don W. Davis, a duly designated Hearing Officer of the Division of Administrative Hearings, held a formal hearing in the above-styled case on September 25, 1992, in Jacksonville, Florida.

APPEARANCES

For Petitioner: Alfredo Ramos, pro se

d/b/a A Cleaning Crew

P.O. Box 10293 Jacksonville, Florida 32207

For Respondent: Augustus D. Aikens, Jr., Esq.

Department of Management Services Suite 309, Knight Building

2737 Centerview Drive

Tallahassee, Florida 32399-0950

STATEMENT OF THE ISSUES

The primary issue for determination is whether Petitioner should be granted certification as a Minority Business Enterprise (MBE). Determination of this issue requires resolution of other issues: Namely, whether Respondent's business qualifies as a Minority Business Enterprise (MBE) as defined by provisions of Section 288.703(2), Florida Statutes; and whether Respondent is a minority person as defined by provisions of Section 288.703 (3)(b), Florida Statutes.

PRELIMINARY STATEMENT

By letter dated June 5, 1992, Respondent's representative advised Petitioner that Petitioner's application for certification as a MBE had been denied. Petitioner requested a formal administrative hearing regarding the certification denial. Subsequently, the matter was transferred to the Division Of Administrative Hearings for conduct of a formal administrative hearing pursuant to Section 120.57(1), Florida Statutes.

At the final hearing, Petitioner presented the testimony of one witness, himself. Testimony of two witnesses was presented by Respondent. Both parties jointly submitted four evidentiary exhibits.

No transcript of the final hearing was provided by the parties. Proposed findings of fact were submitted by Respondent and are addressed in the appendix to this recommended order. Petitioner did not submit any proposed findings of facts and none had been received on his behalf at the time of the preparation of this recommended order.

FINDINGS OF FACT

1. Alfredo Ramos is the sole owner of the janitorial business known as "A Cleaning Crew."

   
   

2. Ramos was born in Rio Hondo, Texas, on August 9, 1938, to Martin and Ada Salazor Ramos. Ramos' birth certificate, issued at that time denoting his race as white, was amended on May 21, 1992, to reflect that his color or race was Hispanic.

   
   

3. Ramos' father was born in Texas. Ramos' mother was born in Oklahoma.

   
   

4. There is no independent or verifiable knowledge of where any of Ramos' grandparents were born. All are now deceased.

   
   

5. By letter dated June 5, 1992, Respondent denied Ramos' application seeking to have "A Cleaning Crew" certified as a MBE. The basis for denial recited in the letter was that the business did not meet the requirements of Section 288.703(2), Florida Statutes, in that Ramos, as sole proprietor, was unable to establish his status as a minority person within the definitional requirements of applicable Florida Statutes and administrative rules.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter. Section 120.57(1), Florida Statutes.

   
   

7. Section 288.703(2), Florida Statutes, in pertinent part defines a minority business enterprise eligible for MBE certification as a small business concern of which at least 51% is owned by minority persons who control the management and daily operations of the business.

   
   

8. The determinative issue in this proceeding is whether Ramos is a minority person within the meaning of the Florida Small and Minority Business Assistance Act of 1985.

   
   

9. The definition of minority person set forth in Section 288.703(3)(b), Florida Statutes, includes any lawful, permanent resident of the State of Florida who is a Hispanic American of Spanish or Portuguese culture "with origins in Mexico, South America, Central America, or the Caribbean, regardless of race."

10. Respondent has promulgated Rule 13A-2.001(8), Florida Administrative Code, which reads as follows:

    
    

    "Origins" means the minority owner's racial or cultural and geographical derivations, as substantiated by at least one grandparent's birth.

    
    

11. Ramos has been unable to substantiate his assertion by direct admissible evidence that at least one of his grandparents was a product of Spanish or Portuguese culture and was born in Mexico, South America, Central America or the Caribbean.

    
    

12. Accordingly, Petitioner has not met its burden of establishing entitlement to the relief sought in this proceeding. Florida Department of Transportation v. J. W. C. Company, Inc., 396 So.2d 778 (Fla. 1st DCA 1981).

RECOMMENDATION

Based on the foregoing, it is hereby

RECOMMENDED that a Final Order be entered denying Petitioner's application for certification as a Minority Business Enterprise.

DONE AND ENTERED this 14th day of October, 1992, in Tallahassee, Leon County, Florida.

DON W.DAVIS

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Fl 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 14th day of October, 1992.

APPENDIX

The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on findings of fact submitted by the parties.

Petitioner's Proposed Findings. No findings were submitted.

Respondent's Proposed Findings. 1.-5. Accepted.

COPIES FURNISHED:

Alfredo Ramos

d/b/a A Cleaning Crew

P.O. Box 10293 Jacksonville, Florida 32207

Augustus D. Aikens, Esquire Deputy General Counsel

Department of Management Services Suite 309, Knight Building

Koger Executive Center 2737 Centerview Drive

Tallahassee, Florida 32399-0950

Larry Strong, Acting Secretary

Department of Management Services Suite 307, Knight Building

Koger Executive Center 2737 Centerview Drive

Tallahassee, Florida 32399-0950

Susan Kirkland, Esquire General Counsel

Department of Management Services Suite 110, Knight Building

Koger Executive Center 2737 Centerview Drive

Tallahassee, Florida 32399-0950

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions to this recommended order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should consult with the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 92-004287

Orders for Case No: 92-004287