CHARLES H. BRONSON, Commissioner The Capitol ¢ Tallahassee, FL 32399-0800 7g GUL 2u A I 38 Diaionst d. tore Divisione ieee f rabies a . 3168 Phone No.: (850) 245-5506 Fax No.: (850) 245-5505 July 23, 2008 William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 RE: Ameer Ali; W 2709511 Dear Judge Quattlebaum, Attached for your records, please find the Final Order entered by the Department of Agriculture and Consumer Services in the above referenced matter. Sincerely, Magpane 7 Cahill Suzanne V. Estrella Assistant General Counsel Enclosure cn BE ncn a neem nrame Florida Agriculture and Forest Products $97 Billion for Florida’s Economy STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER VICES Boe JUL 2y A | I: 3 8 AMEER ALI, oF yr PETITIONER, NEAR INGS JUL 22 2008 v. Clerk Division of Licensing Department of Agriculture and Consumer Services DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, CASE NO.: W 2709511 RESPONDENT. / FINAL ORDER This cause came before the Department of Agriculture and Consumer Services, Division of Licensing, for consideration and final agency action. A formal administrative hearing was scheduled pursuant to Sections 120.569 and 120.57(2), Florida Statutes. However prior to the hearing the Respondent filed a Motion to Relinquish Jurisdiction based upon the enactment of Senate Bill 948 on June 10, 2008. The legislation requires an applicant for a concealed weapons permit to be a resident of the United States and a citizen of the United States or a permanent resident alien of the United States. On June 24, 2008, Administrative Law Judge, William F. Quattlebaum entered an order granting the motion filed by the Division asserting that the legislation codifies the position of the Division. The Order also reiterates that the Petitioner is a “foreign national”, not a United States citizen or a permanent resident alien. The Division of Administrative Hearings closed its file and remanded the case back to the Department. A copy of the Order Closing file is attached. The Division hereby adopts and incorporates by reference the Order Closing File and finds there are no disputed issues of material fact. As a-matter of law, the Petitioner does not qualify for licensure. WHEREFORE, based on the foregoing, and a complete review of the record, it is ORDERED that Petitioner's application for Class "W" License is DENIED. DONE AND ORDERED at Tallahassee, Florida, this 22" day of July 2008. Constance N. Crawford, Director Division of Licensing NOTICE OF RIGHTS This Order constitutes final agency action. Any party who is adversely affected by the Order may seek judicial review under Section 120.68, Florida Statutes. Such proceedings are commenced by filing a Notice of Appeal, pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Deputy Clerk of the Department of Agriculture and Consumer Services, Division of Licensing, P.O. Box 3168, Tallahassee, Florida 32315-3168; and by filing a copy of the Notice of Appeal, accompanied by the applicable filing fees, with the First District Court of Appeal, or with the District Court of Appeal in the appellate district where the party resides. The Notice of Appeal must be filed within 30 days of the date this Order is filed with the Deputy Clerk of the Division. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing Final Order was sent by U.S. Mail this 22"4 day of July 2008 to Mr. Addison E. Walker, Esquire, 4313 Neptune Road, St. Cloud, Suzanne V. Estrella Assistant General Counsel Department of Agriculture and Consumer Services, Division of Licensing Post Office Box 3168 Tallahassee, FL 32315-3168 Florida 34769. (850) 245-5506 Filed with Agency Clerk STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS AMBER ALI, Petitioner, vs. Case No. 08-2027 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, Respondent. ORDER CLOSING FILE On June 11, 2008, the Department of Agriculture and Consumer Services, Division of Licensing (Department), filed a Motion to Relinquish Jurisdiction (Motion) on the basis of the legislature's adoption of Senate Bill 9348, which was signed into law by the Governor on June 10, 2008. . .The Petitioner, Ameer Ali, is seeking a concealed weapons permit from the Department. The Department denied the application based on the Petitioner's failure to confirm his "legal status as a citizen or a permanent resident alien." The referenced legislation requires in material part that an applicant for. a concealed weapons permit be a resident of the United States (U.S.) and.a U.S. citizen or permanent resident alien. The legislation appears to have codified the position taken by the Department in denying the Petitioner's application. Senate Bill 948, Section 2, provides that the law is applicable to all concealed weapons permit licensing applications "pending on the date that this act becomes law." . : On June 20, 2008, the Petitioner filed a response in opposition to the Motion. In the response, the Petitioner asserts that his application is not pending, because the Department has already denied the application. Review of the Department's denial notice indicates that the denial has not been the subject of final agency action because the Petitioner has challenged the denial; accordingly, the application is deemed to be pending. ; The Petitioner's response further asserts that the referenced legislation is unconstitutional. Issues regarding the constitutionality of the legislation are outside the jurisdiction of the Administrative Law Judge (ALJ). Finally, the Petitioner's response asserts that the Motion should be denied because the Department "has not acknowledged the fact that the Petitioner is a resident of the State of Florida and that he otherwise met the valid qualifications to entitle him to receive (and have issued to him) a concealed weapons permit." The burden in this proceeding is on the Petitioner to establish entitlement to the licensure sought. The Department's denial notice in relevant part states that the denial was based on the Petitioner's failure to confirm his "legal status as a citizen or a permanent resident alien." In the Petitioner's challenge to the denial and request for hearing, the Petitioner is identified as a "foreign national." Previously,’ the Petitioner filed a Motion to Vacate Orders seeking to vacate dispositive orders related to various motions filed with the Department by the Petitioner prior to the case ‘being forwarded to the Division of Administrative Hearings. The ALJ is without authority to vacate the Department's previous orders. Based on ‘the foregoing, it is hereby ORDERED that: ‘1. The Petitioner's Motion to Vacate Orders is DENIED. 2. The Department's Motion to Relinquish Jurisdiction is GRANTED for such further proceedings’ as are appropriate, and the file of the Division of Administrative Hearings is closed. DONE AND.ORDERED this 24th day of June, 2008, in Tallahassee, Leon County, COPIES FURNISHED: Suzanne V. Estrella, Esquire Florida. S WILLIAM F. QUATTLEBAUM Administrative Law Judge .- Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 24th day of June, 2008. Department of Agriculture and Consumer Services’: Post Office Box 3168 Tallahassee, Florida Addison E. Walker, Esquire 4313 Neptune Road St. Cloud, Florida 32315-3168

Docket for Case No: 08-002027