STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CARROL D. ROBERSON, )

)

Petitioner, )

)

vs. ) CASE NO. 89-5299S

)

DEPARTMENT OF STATE, )

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, James E. Bradwell held a public hearing in this case on January 18, 1990 in Tampa, Florida.

APPEARANCES

For Petitioner: Carrol D. Roberson, pro se

1714 Old Village Way Oldsmar, Florida 34677

For Respondent: Henry C. Cawthorn, Esquire

Assistant General Counsel Department of State

The Capitol, Mail Station #4 Tallahassee, Florida 32399-0250

STATEMENT OF THE ISSUE

Whether or not Petitioner satisfies the "experience or training" requirement to obtain a Class "C" private investigator's license.

PRELIMINARY STATEMENT

By letter dated August 4, 1989, Petitioner, Carrol D. Roberson, was advised by Respondent that his application for a Class "C" private investigator's license was administratively denied based on Respondent's investigation which revealed that Petitioner's experience was not in compliance with Texas state regulations during the period for which Petitioner claimed investigative experience, citing subsections 493.3119(1)(p) and 493.306(4), Florida Statutes. Petitioner was advised of his right to contest the denial and file a request for a formal hearing. Petitioner timely requested a formal hearing and on September 28, 1989, the matter was forwarded to the Division of Administrative Hearings for the assignment of a hearing officer to conduct a formal hearing. On November 13, 1989, the matter was noticed for formal hearing for January 18, 1990 and was heard as scheduled.

On February 1, 1990, Respondent filed a memorandum of law which was considered in preparation of this recommended order.

At the hearing, Petitioner testified on his behalf and Respondent introduced exhibits 1 through 5. Official notice was taken of Chapters 493, Florida Statutes, Section 35 of Texas Article 3418(29 bb) and pages 5 through 7 of the Rules of the Texas Board of Private Investigators.

FINDINGS OF FACT

1. On May 22, 1989, Petitioner filed an application for a Class "C" private investigator's license. Included in that application, Petitioner related that he was employed by Austin Private Security Specialists of Austin, Texas as a security officer-undercover investigator during the period from September, 1985 until July, 1987.

   
   

2. During his employment with Austin private Security Specialists (Austin), approximately 60% of Petitioner's job duties included investigative work and the remaining 40% was in security related work.

   
   

3. Respondent did not credit Petitioner's investigative experience which he claims based on his employment at Austin; however, he was credited with nine months security experience based on his employment at Austin.

   
   

4. Respondent' denied Petitioner's claim for investigative experience in Texas based on its determination that Petitioner was not in compliance with Texas regulations while he was employed at Austin.

   
   

5. Petitioner also claimed experience for employment with Wackenhut Company of Tampa during the period February 28, 1989 through July 28, 1989. At Wackenhut, Respondent was employed as a private investigator intern.

   
   

6. At Wackenhut, Petitioner worked under the sponsorship of Robert Crane, private investigator and successfully completed his work for Wackenhut during Crane's sponsorship. Petitioner was credited with five months investigative experience for his employment at Wackenhut.

   
   

7. A review of Petitioner's relevant personnel records from Texas indicates that Petitioner was registered as a commissioned security guard from October 29, 1985 until September 4, 1986. Petitioner was registered as being employed in security sales from September 4, 1986 until September 30, 1987.

   
   

8. Petitioner was never registered as an investigator with Austin or any other Texas company. In Texas, to properly perform investigative work, an applicant, as Petitioner, must either hold a private investigator's license or be registered under a qualifying company's license as doing investigative work for the company to be in compliance with state regulations. Section 35 of Texas article 4413(29 dd) and Sections 35 and 36A, Rules and Regulations of the Texas Board of Private Investigators. Petitioner was not otherwise exempt from licensure in Texas as he failed to demonstrate that he was employed exclusively as an undercover agent during the period for which he claims experience based on his Texas employment. Respondent has a written policy of not crediting experience or training without required licensure or registration as it is difficult to verify such experience without licensure and it is practically impossible to determine whether the applicant has complied with applicable law.

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction over the subject matter of and the parties to this action pursuant to subsection 120.57(1), Florida Statutes.

   
   

10. The parties were duly noticed pursuant to Chapter 120, Florida Statutes.

    
    

11. The authority of the Respondent is derived from Chapter 493, Florida Statutes.

    
    

12. Pursuant to subsection 493.306(4), Florida Statutes, "an applicant for a Class "C" license must have two years experience." Petitioner failed to demonstrate that he possessed the required two years experience or training to be eligible for licensure as a class "C" investigator when he submitted his application. The evidence reveals that based on the experience and training documentation submitted by Petitioner, he was properly credited with a total of fourteen (14) months experience, thereby making him short of the experience/training reguirements by ten (10) months.

RECOMMENDATION

Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that:

Respondent enter a final order denying Petitioner's application for a class "C" private investigator's license.

DONE and ENTERED this 2nd day of March, 1990, in Tallahassee, Leon County, Florida.

JAMES E. BRADWELL

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 2nd day of March, 1990.

COPIES FURNISHED:

Carrol D. Roberson 1714 Old Village Way Oldsmar, FL 34677

Henry D. Cawthon, Esquire Assistant General Counsel Department of State

The Capitol, Mailstation #4 Tallahassee, FL 32399-0250

Jim Smith Secretary of State The Capitol

Tallahassee, Florida 32399-0250

Ken Rouse, Esquire General Counsel Department of State The Capitol, LL-10

Tallahassee, Florida 32399

Docket for Case No: 89-005299

Orders for Case No: 89-005299