STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GARY J. McDANIEL, )

)

Petitioner, )

)

vs. ) CASE NO. 78-725S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, G. Steven Pfeiffer, held a public hearing in this case on May 19, 1978, in Miami, Florida.

The following appearances were entered: Gary J. McDaniel, who appeared on his own behalf; and Gerald Curington, Tallahassee, Florida, for the Respondent, Division of Licensing.

The Petitioner filed an application for a private investigative agency license. The Respondent denied the application and the Petitioner requested a hearing. In accordance with the provisions of 120.57(1)(b)(3), Florida Statutes, the Division of Licensing requested that a Hearing Officer from the Division of Administrative Hearings be assigned to conduct the hearing. The final hearing was scheduled by notice dated May 2, 1978.

FINDINGS OF FACT

1. The only issue raised as to whether the Petitioner's application for a private investigative agency license should be granted, is whether or not he has the experience required by law.

   
   

2. The Petitioner has received an Associate of Arts degree from Palm Beach Community College. His primary area of study was law enforcement, including courses in search and seizure and investigations. In 1974 the Petitioner received a Bachelor's degree in Criminology from the Florida State University. At Florida State he took courses in criminal investigations, constitutional law, government, psychology, and sociology. While the Petitioner's course work does not constitute experience in the area of private investigations, it is relevant to his qualifications to serve in that capacity. Prior to his attending college, and during the time that he attended college, the Petitioner worked as a security officer for several department stores. He worked approximately four months for Fountain's Department Store in Palm Beach County, and approximately twelve months at Gayfer's Department Store in Tallahassee, Florida, At Gayfer's his employment was part-time, however, he worked thirty to forty hours per week. After graduation from college the Petitioner worked approximately five months at a Sears Department Store in Palm Beach County on a full-time basis. Four months of that experience was as a security officer. As a security officer at the department stores, the Petitioner was present at the stores and observed

   customers. He apprehended shoplifters, took statements from them, and testified against them in court. He also investigated cash register shortages and other indications of employee dishonesty. An investigator for the Division of Licensing testified that in his opinion the department store experience would not constitute experience in the area of investigations, but rather should be considered security work. The agent did testify, however, that a policeman who worked on a "beat" would be considered to have investigative experience. The work that the Petitioner performed at the department stores is directly analogous to the work that a policeman would perform, and his experience is directly related to the field of private investigations, and should be included in his experience.

   
   

3. From March, 1976 through February, 1977 the Petitioner was employed by the Wackenhut Corporation. Since March, 1977 the Petitioner has been employed by Damron Investigative Agency. The work that the Petitioner has performed with these two employers is directly related to the field of investigations. At the time of the hearing the Petitioner had a total of 26 months of experience working for these two employers.

   
   

   CONCLUSIONS OF LAW

   
   

4. Florida Statutes 493.04 provides that persons applying for private investigative agency licenses should have at least three years experience in the area of private investigations, with one year of that experience being within the State of Florida. Section 493.01(6) provides in pertinent part as follows:

   
   

   1. "Private Investigation" means and includes investigation by a person or persons for the purposes of obtaining information with reference to any of the following matters:

      1. The identity, habits, conduct, movements, affiliations, associations, transactions, reputation or character of any person, group

         of persons, association, organization, society, other group of persons or partnership or corporations;

      2. The credibility of witnesses or other persons;

(f) The causes and origin of, or responsibility for fires, or liables, or slanders, or losses, or accidents, or damage, or injury to real or personal property;

1. With reference to the conduct, honesty, efficiency, loyalty, or activities of employees, agents, contractors and subcontractors;

2. The business of securing evidence to be used before investigating committees, boards of award, cases and the preparation therefor;

3. The conducting of studies or surveys to determine methods and means of providing security for the persons requesting the studies or surveys. . .

The work that the Petitioner has performed for the Wackenhut Corporation, and the Damron Investigative Agency constitutes "private investigation" in each of the areas specified in the above paragraphs. The work that the Petitioner

performed for various department stores with which he was employed as a security officer constitutes "private investigation" as set out in subparagraphs (b), (c), (i), (j), and (k). When the Petitioner's work with the various department stores is considered, it is apparent that he has considerably more than the three years of experience specified in Section 493.04(1), and all of it is within the State of Florida.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby,

RECOMMENDED:

That the Petitioner's application for a private investigative agency license be granted.

RECOMMENDED this 26 day of May, 1978, in Tallahassee, Florida.

G. STEVEN PFEIFFER Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 26 day of May, 1978.

COPIES FURNISHED:

Gary J. McDaniel

4005 Tanglewood Drive

Apartment #395

Palm Beach Gardens, Florida and

Gary J. McDaniel Post Office Box 9581

Riviera Beach, Florida 33404

Gerald Curington, Esquire General Counsel Department of State

Plaza Level The Capitol

Tallahassee, Florida

Mr. Marvin Sirotowitz Bureau Chief

Division of Licensing The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-000725

Orders for Case No: 78-000725