STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

1. A. RAYFIELD, INC. )

   )

   Petitioner, )

   )

   vs. ) CASE NO. 89-0938

   ) DEPARTMENT OF TRANSPORTATION, )

   )

   Respondent. )

   )

   
   

   RECOMMENDED ORDER

   
   

   Pursuant to notice, final hearing in the above-styled case was held on May 2, 1989, in Orlando, Florida, before Robert E. Meale, Hearing Officer of the Division of Administrative Hearings.

   
   

   APPEARANCES

   The parties were represented at the hearing as follows: For Petitioner: Jeffrey Rayfield

   1032 Hermosa Drive

   Rockledge, Florida 32955-3358

   
   

   For Respondent: Ruth B. Dillard

   Department of Transportation

   Haydon Burns Building, Mail Station 58 605 Suwannee Street

   Tallahassee, Florida 32399-0458 STATEMENT OF THE ISSUES

   The issue is whether Petitioner is entitled to certification as a Disadvantaged Business Enterprise.

   
   

   PRELIMINARY STATEMENT

   
   

   Petitioner applied to Respondent for certification as a Disadvantage Business Enterprise. By letter dated January 26, 1989, Respondent informed Petitioner that its application had been denied because Respondent had determined that the majority owner was not a socially and economically disadvantaged individual.

   
   

   By letter dated February 3, 1989, Petitioner requested a formal hearing.

   
   

   At the hearing, Petitioner called two witnesses, including himself, and offered into evidence no exhibits. Respondent called one witness and offered into evidence two exhibits. Both exhibits were admitted.

   
   

   Neither party ordered a transcript or filed a proposed recommended order.

   FINDINGS OF FACT

   
   

   1. By letter dated January 26, 1989, Respondent denied Petitioner's application for certification as a Disadvantaged Business Enterprise on the grounds that its majority owner does not meet the requirements of a socially and economically disadvantaged individual.

      
      

   2. Jeffrey Rayfie1d is the sole shareholder of Petitioner. He is 29 years old and was born in Tennessee.

      
      

   3. Mr. Rayfield's parents are from different ethnic backgrounds. His father is white and not Hispanic. His mother is Mexican, although she was born in Texas.

      
      

   4. Mrs. Rayfield speaks fluent Spanish and English. While Mr. Rayfield was growing up, the family spoke English in the home. As a result, Mr. Rayfield and his siblings do not speak Spanish.

      
      

   5. Mr. Rayfield has not identified himself with his Hispanic background, apart from annual trips to his maternal grandparents in San Antonio. He speaks English without an accent and does not appear to have any salient characteristics to suggest his Mexican background. He is not involved in any Hispanic social groups.

      
      

      CONCLUSIONS OF LAW

      
      

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

      
      

   7. Rule 14-78.002, Florida Administrative Code, provides that certain individuals, including Hispanic Americans, are presumed to be socially and economically disadvantaged individuals. Hispanic Americans include persons "of Mexican culture or origin, regardless of race." Rule 14-78.002(1)(b).

      
      

   8. As the applicant, the burden of proof is on Petitioner to show that it is entitled to certification as a Disadvantaged Business Enterprise. See e.g., Florida Department of Transportation v. J. W. C. Company, Inc., 396 2d 778 (Fla. 1st DCA 1981).

      
      

   9. Mr. Rayfield is not of Mexican culture. He is from Tennessee, although his family origins can be traced in part to Mexico. In interpreting the term, "origins," as used in the rule, there must be a limit to the inquiry. In this case, although his mother's ties to Mexico are clear, Mr. Rayfield's are not. Mexico is not the source of his language or place of his birth. Under the circumstances, Mr. Rayfield is not entitled to the presumption that he is a socially and economically disadvantaged individual and has presented no evidence to suggest that he in fact is so disadvantaged.

      
      

   10. Petitioner is therefore not entitled to certification because its sole shareholder is not a socially and economically disadvantaged individual.

RECOMMENDATION

Based on the foregoing, it is hereby

RECOMMENDED that the Department of Transportation enter a Final Order denying Petitioner's application for certification as a Disadvantaged Business Enterprise.

DONE and ENTERED this 30th day of June, 1989, in Tallahassee, Florida.

ROBERT E. MEALE

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 30th day of June, 1989.

COPIES FURNISHED:

Jeffrey Rayfield 1032 Hermosa Drive

Rockledge, Florida 32955-3358

Ruth B. Dillard

Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street

Tallahassee, Florida 32399-0458

Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32399-0450

Thomas H. Bateman, III General Counsel

Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32399-0458

Docket for Case No: 89-000938

Orders for Case No: 89-000938