STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JAMES E. DALRYMPLE, )

)

Petitioner, )

)

vs. ) CASE NO. 92-2150

)

DEPARTMENT OF INSURANCE AND )

TREASURER, )

)

Respondent. )

)

RECOMMENDED ORDER

On June 3, 1992, a formal administrative hearing was held in this case in Clearwater, Florida, before J. Lawrence Johnston, Hearing Officer, Division of Administrative Hearings.

APPEARANCES

For Petitioner: James E. Dalrymple, pro se

2816 Weston Terrace

Palm Harbor, Florida 34685

For Respondent: Elizabeth J. Gregovits, Esquire

Department of Insurance and Treasurer Office of Legal Services

412 Larson Building Tallahassee, Florida 32399-0300

STATEMENT OF THE ISSUE

The issue in this case is whether the bachelor's degree curriculum by which the Petitioner, James E. Dalrymple, earned his degree "includes a major study concentration area readily identifiable and applicable to fire-related subjects," as set out in Section 633.382(2)(a)2., Fla. Stat. (1991), so as to entitle him to the firefighter supplemental compensation for which he has applied.

PRELIMINARY STATEMENT

On or about January 23, 1992, the Petitioner, James E. Dalrymple, applied for firefighter supplemental compensation under Section 633.382, Fla. Stat. (1991). By letter dated March 2, 1992, the Respondent, the Department of Insurance and Treasurer, Division of State Fire Marshal, denied the Petitioner's application. On or about March 24, 1992, the Petitioner requested a formal administrative proceeding under Section 120.57(1), Fla. Stat. (1991). On or about April 7, 1992, the Department referred the matter to the Division of Administrative Hearings, and a final formal administrative hearing was scheduled for June 3, 1992, in Clearwater, Florida.

At the final hearing, the Petitioner testified in his own behalf and had Petitioner's Exhibits 1 through 4 admitted in evidence. The Department called one witness--the Bureau Chief of its Bureau of Fire Standards and Training--and had the Petitioner's entire application file admitted in evidence as Respondent's Exhibit 1.

Neither party ordered the preparation of a transcript of the final hearing, and the parties were given ten days in which to file proposed recommended orders. Only the Department of Insurance and Treasurer filed a proposed recommended order, and explicit rulings on the proposed findings of fact contained in it may be found in the attached Appendix to Recommended Order, Case No. 92-2150.

FINDINGS OF FACT

1. The Petitioner has a bachelor's degree in Communication Arts awarded by Judson College in Illinois on or about June 11, 1978. Judson College is accredited.

   
   

2. The Petitioner's official sealed transcript from Judson College reveals that the Petitioner took no "fire-related" courses to get his degree. He did take courses in language arts and communication arts, such as: "English Language: Uses and Resources"; "Oral Interpretation and Mass Media"; "Language and Society"; "Man and Women"; "Analysis of Literature"; and "Mass Media in Contemporary America." Courses such as these are certainly compatible with and useful for work in the field of firefighting. But they, along with his other general study courses, do not reflect a "major study concentration area readily identifiable and applicable to fire-related subjects."

   
   

   CONCLUSIONS OF LAW

   
   

3. Section 633.382(2), Fla. Stat. (1991), sets out the pertinent statutory provisions governing qualification for firefighters supplemental compensation:

   
   

   1. In addition to the compensation now paid by an employing agency to any firefighter, every firefighter shall be paid supplemental compensation by the employing agency when such firefighter has complied with one of the follo- wing criteria:

      * * *

      2. Any firefighter, regardless of whether or not he earned an associate degree earlier, who receives from an accredited college or univer-

      sity a bachelor's degree, which bachelor's degree curriculum includes a major study concentration area readily identifiable and applicable to fire- related subjects, as outlined in policy guidelines of the division, shall receive compensation as outlined in paragraph (3)(b).

      
      

      Paragraph (3)(b) provides for the payment of $110 a month.

      
      

4. As used in Section 633.382, "division" means the Department of Insurance and Treasurer, Division of State Fire Marshal. To implement Section 633.382, Fla. Stat. (1991), the "division" has promulgated the following definitions as part of F.A.C. Rule 4A-37.084:

   (5) "Major Study Concentration Area" means, identified on official sealed transcripts, a major in fire science, fire science technology, fire science administration, fire protection engineer, municipal management, public adminis- tration, emergency medical technology, paramedic technology, and fire science voca- tional education. Applicants who possess a degree with a major study concentration area which is not specified above may petition the Division for entry into the program if they feel that the major is fire-related. The burden of proof shall be on the applicant.

   
   

5. The Petitioner's bachelor's degree is in "Communication Arts." From a review of the Petitioner's official transcript from Judson College, the Petitioner's bachelor's degree curriculum did not "include a major study concentration area readily identifiable and applicable to fire-related subjects."

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Florida Insurance Commissioner, in his capacity as State Fire Marshal, and agency head of the Department of Insurance and Treasurer, Division of State Fire Marshal, enter a final order denying the application of the Petitioner, James E. Dalrymple, for firefighters supplemental compensation.

RECOMMENDED this 22nd day of June, 1992, in Tallahassee, Florida.

J. LAWRENCE JOHNSTON 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 22nd day of June, 1992.

APPENDIX TO RECOMMENDED ORDER, CASE NO. 92-2150

To comply with the requirements of Section 120.59(2), Fla. Stat. (1991), the following rulings are made on the Department of Insurance and Treasurer's proposed findings of fact:

1.-5. Accepted but subordinate and unnecessary. 6.-7. Accepted and incorporated.

8. Accepted but conclusion of law. 9.-12. Accepted but unnecessary.

COPIES FURNISHED:

James E. Dalrymple 2816 Weston Terrace

Palm Harbor, Florida 34685

Elizabeth J. Gregovits, Esquire Department of Insurance and Treasurer Office of Legal Services

412 Larson Building Tallahassee, Florida 32399-0300

Tom Gallagher

State Treasurer and Insurance Commissioner

The Capitol, Plaza Level Tallahassee, Florida 32399-0300

Bill O'Neil, Esquire General Counsel

Department of Insurance and Treasurer

The Capitol, PL-11

Tallahassee, Florida 32399-0300

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

ALL PARTIES HAVE THE RIGHT TO SUBMIT TO THE DEPARTMENT OF INSURANCE, DIVISION OF STATE FIRE MARSHAL, WRITTEN EXCEPTIONS TO THIS RECOMMENDED ORDER. ALL AGENCIES ALLOW EACH PARTY AT LEAST TEN DAYS IN WHICH TO SUBMIT WRITTEN EXCEPTIONS. SOME AGENCIES ALLOW A LARGER PERIOD WITHIN WHICH TO SUBMIT WRITTEN EXCEPTIONS. YOU SHOULD CONSULT WITH THE DEPARTMENT OF INSURANCE, DIVISION OF STATE FIRE MARSHAL CONCERNING ITS RULES ON THE DEADLINE FOR FILING EXCEPTIONS TO THIS RECOMMENDED ORDER.

Docket for Case No: 92-002150

Orders for Case No: 92-002150