STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JACK JORDAN, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1464S

)

DIVISION OF LICENSING, )

DEPARTMENT OF STATE, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice in Room 103, Collins Building, Tallahassee, Florida, on September 19, 1978, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This Recommended Order has been delayed by the late submission of additional data substantiating the Petitioner's assertion of additional work experience.

This case arose upon the denial of the Petitioner's application for a license as a Deception Detection Examiner. The Petitioner's application was denied because it was determined he had only 38 months of experience as an Investigator or Detective with a municipality, county, state or federal agency instead of the 60 months (5 years) required by subsection 4 of Section 493.43 to waive the requirement established in said subsection for the applicant to hold a bachelor's degree from a four year university or college recognized as such by the Department.

The applicant and the Division of Licensing, Department of State, stipulated that the basic facts existing as of the date of Jordan's application were set forth in the case report which was tendered as a stipulation of the facts existing as of the date of the a applicant's application. The applicant presented additional evidence of his qualifications as a Deception Detection Examiner and his work experience. This additional experience included operating a detective agency which was employed to provide security in an Orlando high school at sports events and at rock concerts in the Orlando area.

The issue presented is whether this added experience can satisfy the requirements for waiver in Section 493.43, Florida Statutes?

APPEARANCES

For Petitioner: Jack Jordan, pro se

2428 Locke Avenue

Orlando, Florida 32808

For Respondent: Robert Vossler, Esquire

General Counsel

Department of State, The Capitol Tallahassee, Florida 32304

FINDINGS OF FACT

1. Jack Jordan is an applicant for licensure as a Detection of Deception Examiner. Jordan is over 18 years of age, has an excellent reputation for honesty, truthfulness, integrity, moral fitness, fair dealing, and professionalism in his work. Jordan has never been arrested or convicted of a misdemeanor involving moral turpitude or a felony. Jordan served honorably in the armed forces of the United States.

   
   

2. Jordan has approximately one semester left to complete his four year degree, a law enforcement related subject.

   
   

3. Jordan has 38 months' experience as an investigator or detective with the Flagstaff, Arizona, Police Department and Casselberry, Florida, Police Department.

   
   

4. Jordan operated a detective agency, licensed by the State of Florida in the Orlando-Casselberry area. Jordan and his agency provided security at high school athletic events from 1972 through 1974. Jordan also provided security for eight (8) large rock concerts held in the Orlando area. In both capacities, Jordan was authorized to wear a weapon, supported local police agencies, and was authorized to and did make arrests. Because of their fine reputation, Jordan's agency was recommended by local police agencies.

   
   

5. Jordan was required by his duties in providing security and crowd control at the events mentioned above to plan and execute security provisions at these functions. His work in this regard went beyond merely providing manpower at these events. His preparations often began three to four weeks before a major event, such as a rock concert.

   
   

   CONCLUSIONS OF LAW

   
   

6. Section 493.43, Florida Statutes, provides that a Deception Detective Examiner have a bachelor's degree from a four year college or university recognized as such by the Department, which requirement may be waived for persons who have a high school diploma and five years' experience as an investigator or detective with a municipality, county, state or federal agency. This specific relationship with the governmental agency is not set forth in the statute nor is the nature of the required experience with the governmental agency apparent as the requirement relates to the license sought. The statutes does not state what type of degree must be obtained from the four year university, what criteria the Department must apply in approving four year colleges and universities, or what criteria must apply to grant the waiver to high school graduates with five years' experience as an investigator or detective.

   
   

7. This applicant has completed three and one half years towards a four year degree in law enforcement related area, has thirty-eight months of experience as a police officer, and has operated a respected detective agency, licensed by the State, since 1969. Jordan graduated from a respected school of deception detection as the honor graduate and was employed by the parent corporation of the school, Munford, Inc., as a polygraph operator in the States of Alabama and Mississippi. Jordan is a licensed polygraph examiner in Alabama and Mississippi and has served as a supervisor in Alabama for a licensed Florida polygraph operator interning in that state.

8. When one considers the applicant's background, and specifically the fact that for over three years he was granted the powers of arrest by police departments of two Florida municipalities in providing security and crowd control at rock concerts and high school athletic events, it appears that Jordan meets the legislative intent that this license only be granted to responsible individuals with substantial backgrounds in police type work.

   
   

9. In drawing these conclusions, it is necessary to note the case of Wasserman v. Florida State Board of Architecture, 361 So.2d 792, and the cases cited therein with regard to statutes similar to Section 493.43, Florida Statutes. Because of the problems inherent in such statutes, it is imperative that the broadest possible interpretation be given such statutes and where necessary specific rules adopted by the agency to so define and limit the statute's scope that nothing is left to the unbridled discretion or whim of the agency charged with enforcing the statute.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the agency grant Jack Jordan a license as a Deception Detective Examiner in the State of Florida.

DONE and ORDERED this 30th day of October, 1978, in Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 30th day of October, 1978.

COPIES FURNISHED:

Robert Vossler, Esquire General Counsel Department of State

The Capitol

Tallahassee, Florida 32304

Jack Jordan

2428 Locke Avenue

Orlando, Florida 32808

Marvin Sirotowitz Bureau Chief of Records

Examination Secretary of State Division of Licensing The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-001464

Orders for Case No: 78-001464