STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MARCUS BROWN, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2863S

)

DEPARTMENT OF STATE, )

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, a formal hearing was held before the Division of Administrative Hearings by its duly designated Hearing Officer, DONALD R. ALEXANDER on November 16, 1982 in Miami, Florida,

APPEARANCES

For Petitioner: Marcus J, Brown, Pro se

1000 West Avenue, No.512 Miami Beach, Florida 33139

For Respondent: R. Steven Nall, Esquire

Department of State The Capitol

Tallahassee, Florida 32301 BACKGROUND

By application dated Apr11 8, 1982, Petitioner, Marcus J. Brown, sought the issuance of a Class C license from Respondent, Department of State, Division of Licensing on June 28, 1982. Respondent denied the application on the ground Petitioner had fa11ed to meet the requirements of Subsection 493.306(4), Florida Statutes, which prescribes the prerequisite experience for entitlement to a Class C license.

On July 15, 1982 Petitioner requested a formal hearing pursuant to Subsection 120.57(1), Florida Statutes to contest the denial. The matter was forwarded by Respondent to the Division of Administrative Hearings on October 13, 1982 with a request that a hearing officer be assigned to conduct a hearing. Thereafter the case was scheduled for final hearing on November 16, 1982 in Miami, Florida.

At the final hearing Petitioner testified on his own behalf. Respondent Presented the testimony of Harvey Matthews, Division inspector-investigator and offered Respondent's Exhibits 1-3; all were received in evidence.

There was no transcript of hearing, Petitioner f11ed a Proposed order on November 29, 1982 which has been considered by the undersigned in the preparation of this order.

The issue herein is whether Petitioner is entitled to be issued a Class "C" license by Respondent.

Based upon the entire record, the following findings of fact are determined:

FINDINGS OF FACT

1. Petitioner, Marcus J. Brown f11ed an application for the issuance of a Class "C" license on Apr11 8, 1982 with Respondent, Department of State, Division of Licensing. That license authorizes a licensee to Perform private investigative work.

   
   

2. After reviewing the application, Respondent denied the same on June 26, 1982 on the ground Petitioner did not possess the requisite experience required by Subsection 493.306(4), Florida Statutes, The denial Precipitated the instant proceeding.

   
   

3. Petitioner is a licensed real estate salesman, He supports himself through his activities as a real estate salesman and "Personal business activities." Between 1979 and Apr11, 1982, Petitioner performed investigative work on three cases involving real estate transactions. The work wad performed on a Part-time basis on behalf of two attorneys and a real estate broker in the Miami area. One of the cases is st11l pending. The work involved, inter alia, interviewing witnesses, researching corporate records, and securing documents for use at trial. Petitioner had a personal interest in the outcome of all three cases, and at least one involved an effort by him to secure an unpaid real estate commission due him. He has received no compensation for his services as an investigator to date. Petitioner has no college course work related to private investigation nor has he worked as a licensed intern.

   
   

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction of the subject matter and the parties thereto pursuant to Subsection 120.57(1), Florida Statutes.

   
   

5. Subsection 493.306(4), Florida Statutes, requires that an applicant for a Class C license have two years experience or training in one, or a combination of more than one, of the following:

   
   

   1. Private investigative work or related fields of work that Provide equivalent experience or training;

   2. College course work and seminars related to private investigation, except that no more than 1 year may be used from this category; or

   3. Work as a Class "CC' - licensed intern.

      
      

6. The evidence discloses that Petitioner has worked on a part-time basis for three years as an investigator for two attorneys and his former real estate

   broker. Each of the three cases on which he worked dealt with real estate litigation.

   
   

7. Although Petitioner worked on only a small number of real estate cases, this in itself could not foreclose his right to licensure. Subsection 493.30(4)(g), Florida Statutes, specifically authorizes investigative work performed in "civ11. . . cases" to be counted as experience; therefore, litigation fall within this broad category. By the same token, the statute makes no reference to the number of cases required for licensure, but only to a specified number of years of experience. Subsection 493.306(4) supra, requires that a licensee have two years of "Private investigative work or related fields of work." Because Petitioner has the burden of showing entitlement to the requested license and having fa11ed to demonstrate that his total experience equal led or exceeded the required two years experience, the application must be denied.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it RECOMMENDED that the application of Marcus J., Brown for licensure as a

private investigator be DENIED.

DONE and ENTERED this 6th day of December, 1982, in Tallahassee, Florida.

DONALD R. ALEXANDER

Hearing Officer

Division of Administrative Hearings The Oakland Bu11ding

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

F11ed with the Clerk of the Division of Administrative Hearings this 6th day of December,1982.

ENDNOTE

1/ In view of the above result, it is not necessary to reach the question of whether the work experience is valid, given Petitioner's personal interest in the litigation, Parenthetically, it is noted that the statutes and rules do not appear to disqualify this type of work as long as it meets the other statutory criteria.

COPIES FURNISHED:

Marcus J. Brown

1000 West Avenue, No. 512 Miami Beach, Florida 33139

R. Steven Nall, Esquire Department of State The Capitol

Tallahassee, Florida 32301

Docket for Case No: 82-002863

Orders for Case No: 82-002863