Hernandez v. State, Department of State, Division of Licensing

Hernandez challenges the constitutionality of a statute which commands a state agency to revoke a license for conduct which was not disqualifying when the license was issued.

In 1981 Hernandez was convicted of a felony — the killing of another with a firearm — and sentenced to a term of imprisonment. Shortly after his release from prison, Hernandez applied for and was granted a private investigator’s license. In 1991 the legislature tightened the qualifications for a private investigator’s license by amending chapter 493. The controlling provision is section 493.6118(4), Florida Statutes,…