Legal Question in Administrative Law in Florida

professional discrimination

I was recently denied an opportunity to sit for a Professional Surveyor and Mappers exam in the State of Florida for unclear reasons other than the fact that I am a non-resident of Florida. I have been told by many that the State of Florida is intentionally tying to keep non-residents out and that this is just another area that is being targeted. In my preliminary conversations with the Surveyor and Mappers Board representative, I was told that I meet the criteria to sit for the exam under a certain venue. The Board continually came up with reasons for denial that appeared to be contrived at best. I addressed all these reasons one by one and found many misinterpretations and inconstancies with the Board in this process. Basically, I answered the questions to the Boards satisfaction, but they always had another one waiting that I was not made aware of in their official response to my application. So, I am looking for affordable options or suggestions about how to pursue this. Furthermore, I was licensed as a Professional Land Surveyor in four southeastern states prior to this application. At present I am licensed in five southeastern states. Florida to date, is the only State that has given me this kind of response.


Asked on 7/13/04, 10:11 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: professional discrimination

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney�s individualized advice for you. By reading the �Response� to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

RESPONSE: Obviously I would need to review all the complaints, disputes, or disatisfaction that they had against your license; however Article IV, Section 2 of the The United States Constitution, generally known as the insterstate privileges and immunities clause provides that "The citizens of each State shall be entitled to all Privileges and Immunities of Citizens of several states." The general rule is that the clause prohibts state discrimination against noncitizens (nonresidents) of the state with respect to "essential activities" or "basic rights" unless the discrimination is substantially related to a substnatial purpose Hicklin v. Orbeck, 437 US 518 (1978). One example of invalid discrimination was in Toomer v. Witsell, 334 US 385 (1948) where a statute required $2,500.00 license fees from nonresident commercial fisherman/shrimpers while residents paid $25.00. This was held invalid because the activity of "pursuing a livelihod" was an "essential activity" and was without substantial justification related to State costs or enforcement.

Should you need further assistance you may contact the undersigned. Good Luck!

Randall Gilbert

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Answered on 7/14/04, 10:32 am


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