5D05-1078 Scherer v.Dept. of Business

SUPREME COURT CASES

Laws-info.com » Cases » Florida » Florida Fifth District Court » 2006 » 5D05-1078 Scherer v.Dept. of Business

State: Florida

Court: Florida Fifth District Court

Docket No: 5D05-1078

Case Date: 01/23/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

DANIEL SCHERER, Appellant, v. DEPARTMENT OF BUSINESS AND PROFESSIONAL, ETC., Appellee. __________________________________________/ Opinion filed January 27, 2006 Administrative Appeal from the Department of Business and Professional Regulation. Dennis F. Fountain, Winter Springs, for Appellant. Charles J. Crist, Jr., Attorney General, and Diane L. Guillemette, Assistant Attorney General, Tallahassee, for Appellee. Case No. 5D05-1078

GRIFFIN, J. Daniel Scherer ["Scherer"] appeals an order of the Construction Industry Licensing Board ["the Board"] denying his application for a general contractor's license. We reverse. On March 15, 2004, Scherer submitted an application to the Department of Business and Professional Regulation [the "Department"] for licensing as a certified general contractor. In the application, Scherer admitted he had been convicted of the crimes of possession and conspiracy to possess marijuana with the intent to distribute,

for which he had been sentenced to sixty months in the Department of Corrections and for which he was currently on supervised release. The Department's April 7, 2004, response informed Scherer that his application was incomplete because of his failure to complete certain financial responsibility questions and to provide proof of the reinstatement of his civil rights. Scherer, through counsel, replied that these requirements did not apply. The Department then wrote Scherer, stating that the application had been revised, requiring Scherer to submit proof of the reinstatement of his civil rights as part of his application if he had previously been convicted of a felony. Scherer was unable to comply with the Department's directive, as his civil rights had not been restored. At a meeting held in September 2004, the Board voted to deny Scherer's application, stating as grounds: You failed to submit proof of having your civil rights restored subsequent to a previous felony conviction in accordance with section 112.011(1)(b), Florida Statutes. Upon receipt of the Notice of Intent to Deny, Scherer asked for an informal hearing before the Board, at which he asserted that he could not be denied a license solely on the basis that he had been convicted of a crime. Nevertheless, the Board issued a final order denying Scherer's application because: Applicant has failed to submit proof of having his civil rights restored subsequent to a previous felony conviction in accordance with Scetion [sic] 112.011(1)(b), F.S. We begin by observing that Florida's construction licensing statutes do not prohibit the licensure of applicants who have previously been convicted of a felony. They make an applicant eligible if the person is of "good moral character."

2

Download 5D05-1078 Scherer v.Dept. of Business.pdf