STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

VICTORIA WEDEMEYER, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2866

)

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF ACCOUNTANCY,)

)

Respondent. )

)

RECOMMENDED ORDER

This case is a dispute between the parties over Petitioner's eligibility to take the Board of Accountancy license examination in Spanish. The following appearances of counsel have been entered:

APPEARANCES

For Petitioner: Jesus Sanchelima, Esquire

Francis X. Santana, Esquire

2138 Biscayne Boulevard, Suite 204

Miami, Florida 33137

For Respondent: John J. Rimes, III, Esquire

Assistant Attorney General Department of Legal Affairs The Capitol, Room 1601 Tallahassee, Florida 32301

STATEMENT OF THE ISSUE

Is Petitioner eligible, pursuant to Section 455.11, Florida Statutes (1981), to take the accountancy examination in Spanish?

FINDINGS OF FACT 1/

1. Petitioner, Victoria Wedemayer, applied to the Board of Accountancy for permission to take the accountancy licensure examination in the Spanish language.

   
   

2. By a "Final" Order entered October 1, 1982, the Florida Board of Accountancy denied her request because she failed to:

   
   

   . . . complete the special one-year continuing education program as specified in Chapter 455.015(1)(a), Florida Statutes, in effect when foreign licensure examination was instituted.

3. On October 12, 1982, Petitioner requested a hearing, pursuant to Section 120.57, Florida Statutes, to "review" the Board's decision.

   
   

4. Petitioner is fully qualified to take the Florida accountancy examination in English.

   
   

5. Petitioner, as a licensed accountant in Cuba prior to July 1, 1974, met all of the requirements for entry into a special continuing education program for foreign language applicants, established pursuant to Chapter 74-105, Laws of Florida (1974); but Petitioner never applied for the foreign licensure program when it was available.

   
   

6. Petitioner graduated from Biscayne College in Dade County, Florida, with a Bachelor's Degree in accounting. Her course of instruction there is more comprehensive than the special continuing education program offered by the Board of Accountancy and Department of Education, pursuant to Chapter 74-105, Laws of Florida (1974).

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Section 120.57(1), Florida Statutes (1981).

   
   

8. The legislative history of the foreign licensure program is convoluted. Fortunately, it is well explained in Attorney General Opinion 080-54 (Florida, May 30, 1980). The elements of that history, which are relevant here, follow. In 1974, the Legislature recognized that many Cuban exiles, then residing in Florida, had been licensed professionals in their homeland. In order to encourage them to continue their professions in Florida, Chapter 74-105, Laws of Florida (1974), was enacted to establish special continuing education programs.

   
   

9. The Boards and Commissions under the Department of Professional and Occupational Regulation (the forerunner of Respondent) were required, in conjunction with the Department of Education, to implement continuing education programs for those foreign language professionals licensed in their professions prior to July 1, 1974 in some country other than the United States. The law further provided that the licensure examination administered by the Boards and Commissions to the applicants who had successfully completed the continuing education program would be in a foreign language if five or more applicants so requested. The course of study in the continuing education program, which could be taught in a foreign language, was to be for a minimum of one year. The law became effective on October 1, 1974.

   
   

10. In 1975, the law was changed to provide that the minimum number of applicants to request either a foreign language examination or a foreign language course was raised to 15. Chapter 75-177, Laws of Florida (1975).

    
    

11. In 1977, the foreign licensure program was abolished, but applicants, who were still enrolled in one of the continuing education programs, or who had completed one, could still take the licensure examination in a foreign language if there were at least 15 similarly-situated applicants who agreed to bear the cost of preparing and administering the examination. Chapter 77-255, Laws of Florida (1977). This is the present state of the law, as codified in Section 455.11(2), Florida Statutes, which provides:

    Any person who has successfully completed, or is currently enrolled in, an approved course of study created pursuant to chapters 74-105 and 75-177, Laws of Florida, shall be deemed qualified for examination and re- examinations for professional or occupational licensure, which shall be administered in English language unless 15 or more such applicants request that said reexamination

    be administered in their native tongue. In the event that such reexamination is administered in a foreign language, the full cost to the board or commission of preparing and administering same shall be borne by said applicants.

    
    

    The history of Section 455.11(2), Florida Statutes, shows that upon abolishing the special foreign language program, the Legislature intended to protect those applicants who had begun special courses of continuing education believing that they would later be allowed to take the licensure examination in a foreign language. The option of taking a foreign language examination is clearly limited to them alone.

    
    

12. Petitioner argues that since her course of instruction at Biscayne College is more comprehensive than the one-year course given as part of the foreign language licensure program, she ought to be allowed to take the accountancy examination in Spanish. While her argument might have some facial appeal, 2/ her facts do not come within the intent of Section 455.11(2), Florida Statutes. There is no evidence that the State of Florida induced her to begin her course of education at Biscayne College by a promise that she would later be allowed to take the accountancy examination in her native language.

For this reason, she is not entitled to the same consideration which is specifically given to those foreign language applicants who successfully completed the special continuing education program established under the authority of Chapter 74-105, Laws of Florida.

RECOMMENDATION

Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida State Board of Accountancy enter a Final Order

denying Petitioner's request to take the accountancy written examination in Spanish.

DONE and ENTERED this 8th day of April, 1983, in Tallahassee, Florida.

MICHAEL PEARCE DODSON

Hearing Officer

Division of Administrative Hearings 2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 8th day of April, 1983.

ENDNOTES

1/ By agreement of the parties, a final hearing was not held. These findings are from the facts stipulated to in correspondence between the parties.

2/ The record does not reflect that there are 14 other Spanish-speaking applicants qualified under Section 455.11(2), Florida Statutes, who are willing to share the cost of preparing and administering a Spanish examination with Petitioner.

COPIES FURNISHED:

John J. Rimes, Esquire Assistant Attorney General Department of Legal Affairs The Capitol, Room 1601 Tallahassee, FL 32301

Jesus Sanchilema, Esquire Francis X. Santana, Esquire Suite 204

2138 Biscayne Boulevard

Miami, FL 33137

Cleve Nolte, Executive Director Florida Board of Accountancy 4001 Northwest 43rd St., Ste. 16

Gainesville, FL 32606

Fred Roche, Secretary

Department of Professional Regulation

130 North Monroe Street Tallahassee, FL 32301

Docket for Case No: 82-002866

Orders for Case No: 82-002866