Sanitarians' Registration Bd. v. Solomon
| Decision Date | 22 January 1963 |
| Docket Number | No. C-491,C-491 |
| Citation | 148 So.2d 744 |
| Parties | SANITARIANS' REGISTRATION BOARD of the State of Florida, and Lyman A. Schribner, James N. Messer, J. W. Kirkland, C. E. Brettell, B. G. Tennant, constituting the members of the said Sanitraians' Registration Board, Appellants. v. Eugene L. SOLOMON, Appellee. |
| Court | Florida District Court of Appeals |
Richard W. Ervin, Atty. Gen., Robert C. Parker, Asst. Atty. Gen., and Jones & Harrell, for appellants.
Norman F. Solomon and Howard A. Rose, Miami Beach, and Larkin, Lewis & Decker, Jacksonville, for appellee.
On June 7, 1962, this court rendered its decision and judgment in this cause (Fla.App., 142 So.2d 301) reversing an order of the Duval County Circuit Court whereby the appellants (Sanitarians' Registration Board of the State of Florida and the several members of said board, who were respondents below in a mandamus proceeding brought by the appellee, Eugene L. Solomon, relator below) were peremptorily commanded to execute and furnish to relator a certificate of qualification as a sanitarian pursuant to Section 491.07, Florida Statutes, F.S.A. The appellee (relator) then filed in the Supreme Court of Florida a petition for a writ of certiorari to review our said decision on the ground that it conflicted with prior decisions of the Supreme Court on the same point of law.
In an opinion filed November 30, 1962, the Florida Supreme Court, 147 So.2d 132 delineated a problem confronting it in said proceeding, arising from the fact that while the majority of this court concurred in the judgment of reversal, the two members comprising the majority apparently did so for different reasons; and the Supreme Court thereupon temporarily relinquished jurisdiction of the cause to this court, with the request that the majority holding for reversal re-examine the views expressed by their former separate opinions and undertake to adopt a revised opinion eliminating the apparent ambiguities reflected by their said separate views in their former opinions.
Being agreeable to said request, the decision of this court filed June 7, 1962, is hereby recalled and the following is adopted and substituted as the revised decision and judgment of this court in said cause:
REVISED DECISION
On the petition of appellee, Eugene L. Solomon, hereinafter referred to as the relator, an alternative writ of mandamus was issued by the Circuit Court of Duval County commanding the appellants, Sanitarians' Registration Board of the State of Florida and its several members, hereinafter referred to as the respondents, to execute and furnish to appellee a certificate of registration as a sanitarian for the year 1959 and subsequent years, pursuant to the socalled 'Grandfather' provisions of Section 491.07, Florida Statutes 1959, F.S.A., or on a date fixed to show cause for failure so to do. Respondents moved to quash said writ on the grounds, inter alia, that it failed to state a cause of action, that it failed to show facts demonstrating that the relator had a clear legal right to the coercive action sought, and that it does not allege facts showing that respondents owe any legal duty to the relator. Said motion was denied, the respondents answered the writ, testimony was adduced on the issues made, and thereupon a peremptory writ issued, commanding the respondents to execute and furnish to the petitioner a certificate of registration as a sanitarian; hence this appeal.
We have concluded that the trial court was in error in denying respondents' motion to quash the alternative writ of mandamus. It would serve no useful purpose, therefore, to review the evidence adduced pursuant to the denial of said motion.
The alternative writ of mandamus reflects that on September 30, 1959, the relator filed with the respondent board an application for certificate of registration pursuant to Section 491.07, Florida Statutes 1959, F.S.A.; that he submitted therewith the required fee of $10.00 and a photograph; that the statements contained in said application, a copy of which is attached to and made part of the writ, indicate that under the provisions of Sections 491.06-491.07, Florida Statutes 1959, F.S.A., the relator 'has the qualification for registration' and 'is entitled to registration as a sanitarian without examination.' Specifically, the facts upon which such entitlement is predicated are stated to consist of the following:
'A) That he applied for such registration on, or before, October 1, 1959.
'B) That on June 30, 1959, he was employed as a sanitarian, and had the qualifications necessary to comply with Subsection (1) of Section 491.07, F.S.A., 1959, in the following respects:
'(i) That he had more than two years of college, and that he has an excess of 15 units in the study of the basic sciences, and more than one year's experience in environmental sanitation. That he was a graduate of the University of Florida, with a bachelor's degree, that his studies at the University of Florida covered a four-year college curriculum, and that he has been engaged as a sanitarian since January 1950. That he is a high school graduate and he has had post-graduate work at the University of Miami, for two years.
'(ii) That he has taken an examination and has been qualified by the Florida Merit System as a sanitarian since 1950, which qualification would qualify the Petitioner for registration pursuant to Section 491.07(2), F.S.A., 1959. Attached hereto is a letter from the Honorable ANGUS LAIRD, Director of the Florida Merit System, certifying to this registration, a copy of which is attached hereto and marked Exhibit 'C'.'
Under the heading 'REMARKS (other experience)', as contained in the application for registration, the relator stated: 'Took examination and qualified as Sanitarian under Florida Merit System 1950.' And incorporated in the writ is a letter received by relator from the Director of the Florida Merit System reflecting that on August 21, 1950, relator's name was placed on the 'Sanitarian I register' but that no record was found of his 'ever taking the Sanitarian II examination.' The writ does not indicate what significance, if any, is to be given to the fact that the relator took an examination and qualified as a sanitarian under the Florida Merit System, or to the fact that his name was placed on the 'Sanitarian I register', or to the fact that there is no record of his having taken the 'Sanitarian II examination'; and there is no showing that the relator ever engaged in public employment pursuant to any such qualification or registration under the Florida Merit System. These recitations, therefore, lend no force to the issuance of the writ.
In answer to the question in the application form, 'For whom did you first work as a sanitarian?', the relator replied, 'Dade County Anti-Mosquito District, Miami, Dade County, Florida,' without stating the date or the nature of the work performed. The application reflects that from January 1950 to the filing of the application the relator (applicant) was self-employed as a 'Certified P.C.O., Sanitation Advisor, Entomologist', without further elaboration; and further reflects that he is a graduate of Miami Beach Senior High, Miami Beach, Florida, of the University of Florida with degree of B.S.A., and that he had two years of post-graduate work at the University of Miami.
Attached to and made a part of the writ is a letter from the respondent Sanitarians' Registration Board to the relator, dated May 20, 1960, advising that the board in regular session reviewed his application in the light of the applicable law, determined that he did not 'meet the requirements for registration as a Sanitarian under the Grandfater clause of said Act', and further advised him that he appeared to qualify to take an examination for registration as a sanitarian, but that before providing same it would be necessary for him to furnish the board with a transcript of his college credits, whereupon, if the same were found to be in order, he would be notified of the time and place of examination.
Having stated the sum and substance of the showing made by the relator in his application for a certificate of registration as a sanitarian under the so-called 'Grandfather' provisions of F.S. § 491.07, F.S.A., by which one possessing the required qualifications is entitled to become registered without necessity for taking a technical examination, we now take note of the applicable statutes:
Section 491.04(3) provides:
Section 491.07, Florida Statutes, F.S.A., provides:
'491.07 Registration of certain persons prior to October 1, 1959. The board shall register as a sanitarian and shall furnish certificate of registration for the year 1959, to any person who applies for such registration on or before October 1, 1959, and who, on June 30, 1959, is employed as a sanitarian and meets the qualifications for a sanitarian, as set forth by one of the following:
'[d] A bachelor's degree or a master of public health degree in sanitation from an...
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