STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT B CURTIS, )

)

Petitioner, )

)

vs. ) Case No. 96-4694

) BOARD OF PROFESSIONAL SURVEYORS ) AND MAPPERS, )

)

Respondent. )

)

RECOMMENDED ORDER

A FORMAL HEARING was heard before the Division of Administrative Hearings by Daniel M. Kilbride, Administrative Law Judge, on February 7, 1997, in Orlando, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Robert B. Curtis, pro se

940 Gorham Street

Mount Dora, Florida 32757

For Respondent: Lealand L. McCharen, Esquire

Assistant Attorney

General Office of the Attorney General The Capitol, Plaza 01

Tallahassee, Florida 32399-1050 STATEMENT OF THE ISSUE

Whether the Petitioner is entitled to be licensed as a Professional Surveyor and Mapper, under Subsections 472.013, 472.015, or 472.041, Florida Statutes (Supp. 1994).

PRELIMINARY STATEMENT

This proceeding is the result of Petitioner's request for automatic licensure as surveyor and mapper which was denied by the Board of Professional Surveyors and Mappers by Notice of Intent to Deny, dated March 2, 1995. Thereafter, Petitioner requested an informal hearing. It was subsequently determined that there were disputed issues of material fact and this case as

forwarded to the Division for a formal hearing on October 2, 1996. This matter was set for hearing.

At the hearing, Petitioner appeared pro se. Petitioner offered two exhibits in evidence, a letter which he designated as a petition, and the addendum, a composite exhibit. Petitioner declined to testify in his own behalf and presented no other evidence. Respondent presented no evidence.

The transcript of the hearing was prepared and filed on March 3, 1997. Petitioner filed proposed findings of fact and conclusions of law on March 25, 1997. Respondent filed its proposals on March 17, 1997. Each of the parties' proposals have been given careful consideration and has been adopted, if relevant, when supported by a preponderance of evidence.

Based upon all of the evidence, the following findings of fact are determined:

FINDINGS OF FACT

1. Petitioner has provided to the Board of Professional Surveyors and Mappers numerous letters and other documents, and a check for the sum of $100 dollars as an application fee for temporary registration as a professional surveyor and mapper. Petitioner has attempted to apply for licensure, under the revised Chapter 472, Florida Statutes , individually and has sought the issuance of a Certificate of Authorization for his business concern: "Mt. Dora Mapping."

   
   

2. Petitioner failed to complete an application for licensure on a form provided by the Respondent.

   
   

3. Petitioner has failed to provide the correct information necessary for an application to be evaluated under any of the subsections appearing in Chapter 472, Florida Statutes.

   
   

4. Petitioner chose not to testify at the formal hearing or otherwise provide any new evidence to be considered by this tribunal, other than documents previously submitted to the Board.

   
   

   CONCLUSIONS OF LAW

   
   

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

   
   

6. An applicant for licensure under any of the regulatory boards governed by Chapter 455, Florida Statutes, must apply for

   licensure on an application form provided by the Department of Business and Professional Regulation. Section 455.213, Florida Statutes.

   
   

7. Chapter 472, Florida Statutes, governs the profession of surveying and mapping, both for individuals and for businesses who wish to offer surveying and mapping services to the public. Section 472.001, Florida Statutes.

   
   

8. Chapter 472, Florida Statutes, sets out the specific requirements necessary for personal and business licensure, including both qualifying standards and the submission of certain information. Sections 472.013, 015 and 021, Florida Statutes.

   
   

9. The burden of proving entitlement to a license rests with the person or entity seeking the licensure. In order to prove entitlement to licensure, an applicant must conform to the requirements set out in the law.

   
   

10. The Petitioner did not testify on his own behalf; therefore, the only evidence of record is the two exhibits submitted by Petitioner.

    
    

11. Because Petitioner has not submitted an application on a form provided by the Department of Business and Professional Regulation, there is no application for the Board to consider. Hence, Petitioner cannot be licensed.

    
    

12. Further, Petitioner did not provide the information required in the application for licensure to the Board, thereby giving the Board no avenue to assess his qualifications for licensure. This prevents the Board from carrying out its primary duty which is the protection of the public. The Board would be remiss in its duty if it granted any license to Petitioner under these circumstances. Section 472.015(2), Florida Statutes.

    
    

13. Petitioner's forwarding of a fee and providing information which he believes is relevant is not sufficient. Petitioner is not applying for an occupational license from a municipal corporation (see Section 125.581, Florida Statutes) but is seeking a professional license which is regulated by the Board of Professional Surveyors and Mappers. (Chapters 455 and 472, Florida Statutes). The Board may impose reasonable conditions as a prerequisite to the issuance of a license to engage in the profession. Such a license is a special privilege, and not a right. See Astral Liquors, Inc. v. Department of Business Regulation, 463 So. 2d 1130, 1132 (Flat 1985). The fowarding of an application fee, and the cashing of the check, does not create a contract between the Board and the Applicant. See Wilson v. Pest Control Com. 199 So. 2d 777 (Flat 4th DCA 1967).

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is

RECOMMENDED that Petitioner's application for licensure as a professional surveyor and mapper be DENIED, without prejudice to reapply.

DONE AND ENTERED this 1st day of April, 1997, in Tallahassee, Leon County, Florida.

DANIEL M. KILBRIDE

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 1st day of April, 1997.

COPIES FURNISHED:

Robert B. Curtis 940 Gorham Street

Mount Dora, Florida 32757

Lealand L. McCharen, Esquire Assistant Attorney General Office of the Attorney General The Capitol, Plaza 01 Tallahassee, Florida 32399-1050

Lynda L. Goodgame General Counsel

Department of Business and Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-0792

Angel Gonzalez Executive Director

Department of Business and Professional Regulation

1940 North Monroe Street Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within 15 days from the date of 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: 96-004694

Orders for Case No: 96-004694