STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROY C. HINZE, )

)

Petitioner, )

)

vs. ) CASE NO. 79-0390S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was held pursuant to notice in Fort Pierce, Florida, on May 9, 1979, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This case arose upon the denial of the Petitioner's application for a Class D, Private Guard license, by the Department of State and a request by the Petitioner for a formal hearing concerning the grounds for his disqualification. The grounds stated for disqualification by the Department of State were that the Petitioner lacked one year of experience in the type of service permitted under the license within the State of Florida.

The issue is whether the Petitioner has the requisite experience.

APPEARANCES

For Petitioner: Roy C. Hinze, pro se

1450 Sixth Avenue

Vero Beach, Florida 32960

For Respondent: Joseph W. Fixel, Esquire

Assistant General Counsel Department of State, The Capitol Tallahassee, Florida 32301

FINDINGS OF FACT

1. The parties stipulated that the Petitioner had applied for a Class D, Private Guard license, and that the Petitioner meets all the criteria for such licensure with the exception of one year of experience in the security field within the State of Florida.

   
   

2. Petitioner admits that he lacks one year of experience within the State of Florida, but the record reflects that the Petitioner has the requisite knowledge and a clean record.

   CONCLUSIONS OF LAW

   
   

3. Section 493.04, Florida Statutes, requires that every applicant for a license must have three years of experience in the field in which he seeks licensure. In addition, this section requires that at least one year of this experience be within the State of Florida.

   
   

4. This statute works a hardship on an applicant, such as the Petitioner, who has the requisite knowledge and good character to be licensed and is prevented from engaging in a lawful occupation for which he is otherwise qualified. Provisions calling for experience within a particular state are not favored, and a similar provision in Section 449.023, Florida Statutes, requiring three years' experience within the state, has been stricken by the federal courts. However, until this specific provision, Section 493.04, supra, is interpreted by a court of competent jurisdiction, it must be applied as written.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer must recommend that the Department of State give effect to the statutory language and deny the application of the Petitioner for licensure as a Class D, Private Guard.

DONE and ORDERED this 14th day of May, 1979, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 101, Carlton Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 14th day of May, 1979.

COPIES FURNISHED:

Joseph W. Fixel, Esquire Assistant General Counsel Department of State

The Capitol

Tallahassee, Florida 32301

Mr. Roy C. Hinze 1450 Sixth Avenue

Vero Beach, Florida 32960

Docket for Case No: 79-000390

Orders for Case No: 79-000390