STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PATRICIA T. UYAAN, )

)

Petitioner, )

)

vs. ) CASE NO. 79-874S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard pursuant to notice by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings, in Jacksonville, Florida, on August 10, 1979.

This case arose upon the denial of the application of Patricia T. Uyaan for a Class "C," Private Detective License by the Division of Licensing. The grounds stated by the Division for denial was the lack of three years' experience by the applicant. The issue presented is whether the Respondent meets the qualifications of Section 493.04, Florida Statutes.

APPEARANCES

For Petitioner: W. J. Gladwin, Jr., Esquire

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

For Respondent: Patricia T. Uyaan, pro se

316 Linden Lane

Orange Park, Florida 32073 FINDINGS OF FACT

1. Patricia T. Uyaan made application for a Class "C" Private Detective License to the Division of Licensing, Department of State. This application was denied by the Division of Licensing on the grounds that Ms. Uyaan lacked the three years' experience required for licensure.

   
   

2. Ms. Uyaan testified in her own behalf. She stated that for four years she had operated ABC Locating Service under a local license as a clairvoyant. The activities in which Ms. Uyaan had engaged included conducting investigations and searches to locate runaway children and investigations into the activities of spouses. Ms. Uyaan's work with children has been commended by those for whom she has worked and by public officials. Ms. Uyaan stated she recognized that the work in which she had engaged overlapped the activities of a private detective, but Ms. Uyaan felt she was entitled to perform these activities because she did not hold herself out as a private detective. Ms. Uyaan stated that she sought the license as a private detective because she did not feel she

   could expand her activities further without violating the provisions of Chapter 493, Florida Statutes.

   
   

3. The Department of State presented no evidence that controverted Ms. Uyaan's testimony or was adverse to her qualifications for licensure.

   
   

   CONCLUSIONS OF LAW

   
   

4. Section 493.04, Florida Statutes, provides that each person shall have had at least three years' experience performing the type of service permitted under the license applied for or the equivalent thereof in related fields.

   
   

5. The experience required as a private detective is outlined in Section 493.01(6), Florida Statutes. This experience includes investigation of the habits, identity, conduct, and whereabouts of individuals. Ms. Uyaan has engaged in investigations of this nature for four years. Ms. Uyaan is possessed of the necessary experience required by Section 493.04, Florida Statutes.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the Division of Licensing issue Patricia T. Uyaan a Class "C" Private Detective License.

DONE and ORDERED this 24th day of August, 1979, in Tallahassee, Leon County, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 24th day of August, 1979.

COPIES FURNISHED:

W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State

The Capitol

Tallahassee, Florida 32301

Mrs. Patricia T. Uyaan

316 Linden Lane

Orange Park, Florida 32073

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AGENCY FINAL ORDER

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STATE OF FLORIDA DEPARTMENT OF STATE

DIVISION OF LICENSING, DEPARTMENT OF STATE,

Petitioner,

vs. CASE NO. 79-874

PATRICIA T. UYAAN,

Respondent.

/

FINAL ORDER

This case having come before the Department on the appeal of Patricia T. Uyaan of the denial of her application for a Class C, Private Detective license by the Division of Licensing on the ground that the applicant lacked the three years experience required by Section 493.04, Florida Statutes, the Department having reviewed the complete file, the transcript, the Recommended Order of the hearing officer, Stephen F. Dean, and the exceptions to the Recommended Order filed by counsel for the Division, the Department finds:

As To The Exceptions To The Findings Of Fact In The Recommended Order

Section 493.04, Florida Statutes, provides that each person shall have at least three years experience in the type service permitted under the license applied for or the equivalent thereof in related fields. The applicant applied for a Class C, Private Detective license. Section 493.01,(3), F.S., defines "Private Detective" as any person engaged in the business of private investigations --", and Section 493.01(6), F.S., defines "private investigation" as including investigation by a person or persons, for the purpose, inter alia, of obtaining information with reference to any of the following matters: the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputations or character of any person, group of persons, association, organization, society other group persons or partnership or corporation; and, the whereabouts of missing persons.

The transcript of the hearing reflects ample testimony that Mrs. Uyaan was engaged to some extent in one or more of these activities for at least three years prior to the date of her application. See pages 5, 6, 7, 8 and 10, of the transcript. The Department presented no testimony or evidence to the effect that she did not perform these services. The hearing officer, therefore, did not err in this regard.

The hearing examiner did not err in failing to include a finding of fact that the Department of State presented evidence adverse to Mrs. Uyaans,

qualifications for licensing. The only evidence presented by the Department was by way of cross-examination, which could have been interpreted as being supportive of the application as easily as adverse to it.

Exceptions 3, 4 and 5 all allege that the hearing officer erred in omitting a finding of fact that testimony was presented which adversely and determinately controverted Mrs. Uyaans, allegations of being qualified for licensure. The hearing officer was correct in omitting such findings of fact, as there was no such testimony.

Additional Findings of Fact

The Department finds, however, that the hearing officer did commit error by failing to include a finding that the testimony presented by the applicant did not show any specifics as to dates of service, number of cases, and the specific manner in which investigations were carried, out. Therefore, upon consideration, the Findings of Fact as stated in the Recommended Order which is attached hereto and by reference incorporated herein, are adopted and made the Findings of Fact of the Department, with the addition of another finding as follows:

4. The applicant did not produce any testimony as to the specific dates that she performed the services relied upon to establish her experience under the statute, nor did she present any testimony as to the number and types of cases handled monthly, yearly or cumulatively during the three year period, nor did she provide competent, substantial testimony as to the manner in which she conducted the investigations upon which she relied to establish her experience.

As To The Exceptions To The Conclusions Of Law In The Recommended Order

The Hearing officer was correct in his adoption of a conclusion stating that the experience required as a private detective is outlined in Section 493.01(6), Florida Statutes. Section 493.04(1), F.S., merely imposes the three year requirement for such experience, and Sections 1C-3.01(2) and (3) Florida Administrative Code, expand upon, but do not limit the manner in which such experience can be obtained. As a matter of fact, Section 1C-3.01(2), F.A.C., in the last sentence thereof specifically states that, "equivalent experience is not limited to these examples."

The hearing officer did not err in omitting a conclusion of law that restricts the manner in which a person may receive the required experience to those examples cited in Section 1C-3.01(2)(3), F.A.C., for the same reason as stated in the preceding paragraph.

The Department's Conclusions of Law

Based upon the Findings of Fact in the Recommended Order and the additional finding of the Department, the Department adopts and reaffirms the conclusion contained in the first paragraph of the pertinent section of the Recommended Order and the first two sentences of the second paragraph thereof. The Conclusions of Law of the hearing examiner are thereafter modified by the deletion of the remainder of the second paragraph and the insertion of the following additional paragraph:

Chapter 493, Florida Statutes, imposes a minimum experience requirement on applicants for a private detective license; the statute then further defines the

activities which constitute "private investigation" within the embrace of the law. As the burden of establishing the right to receive a license is upon the applicant, in order for the Department to carry out its statutory duty of determining whether an applicant has, in fact, three years of experience in performing one or more of the functions of a private detective, it is necessary that the applicant present specific information as to the dates of service, quantity of service, and manner of providing the service for which the experience equivalent is claimed. Failing this, the Department has no basis on which to grant a license.

Order

Based upon the foregoing Findings of Fact and Conclusions of Law, the Department orders that, the applicant having failed to furnish sufficient information to demonstrate that she has complied with the experience requirements of Chapter 493, Florida Statutes, her application for a Class C, Private Detective license is hereby denied.

Done and ordered this 13th day of November 1979, in Tallahassee, Leon County, Florida.

George Firestone Secretary of State

CERTIFICATE OF SERVICE

I certify that I have this 13th day of November, 1979 served a copy of the foregoing order with the State of Florida, Division of Administrative Hearings, Tallahassee, Florida; and on Patricia T. Uyaan, 316 Linden Lane, Orange Park, Florida, 32073, by U.S. mail.

William J. Gladwin, Jr. Assistant General Counsel Department of State Office of General Counsel Room 1801 - Capitol

Tallahassee, Florida 32304

(904) 488-7220 or 488-7222

Docket for Case No: 79-000874

Orders for Case No: 79-000874