Judges: ROBERT E. MEALE
Agency: Department of Agriculture and Consumer Services
Latest Update: May 06, 1988
Summary: $250 fine for guard's impersonation of law enforcement officer.
88-0794.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF STATE, )
DIVISION OF LICENSING, )
)
Petitioner, )
)
vs. ) CASE NO. 88-0794
)
ANTHONY ZARELLI, JR., )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, final hearing in the above-styled case was held on April 12, 1988, in Orlando, Florida, before Robert E. Meale, Hearing Officer of the Division of Administrative Hearings.
The representatives of the parties were as follows: For Petitioner: R. Timothy Jansen
Assistant General Counsel
Department of State
The Capitol, Mail Station #4 Tallahassee, Florida 32399-0250
For Respondent: Anthony Zarelli, Jr.
3000 Willow Bend Boulevard Orlando, Florida 32808
RECOMMENDED ORDER
By Administrative Complaint dated January 6, 1988, Petitioner alleged that Respondent identified himself as a "State Investigator" while conducting a private investigation. By letter dated January 11, 1988, Respondent denied the material allegations and requested a formal hearing.
Petitioner presented four witnesses. Respondent presented one witness, himself. Petitioner offered into evidence four exhibits. Respondent offered into evidence one exhibit. All exhibits were admitted into evidence.
Petitioner filed a proposed recommended order. Treatment accorded Petitioner's proposed findings of fact is detailed in the Appendix. The only proposed finding of fact in Respondent's post-hearing filing has been substantially adopted.
FINDINGS OF FACT
Respondent currently holds a Class "CC" private investigator intern license, #CC85-00162.
On the morning of May 27, 1987, Respondent visited Tropical Men's Wear to pick up some clothes. The store's owner, John Menegat, told Respondent that Donald Scheib owned Mr. Menegat some money. Mr. Menegat did not hire Respondent to collect this alleged debt.
On or before the above-described conversation, Respondent presented Mr. Menegat with a business card. In very large print the card read, "FLORIDA STATE INVESTIGATOR." It bore one outline of two badges resembling badges used by law enforcement officers throughout the state. It also bore Respondent's name and telephone numbers.
Later the same day, Respondent identified himself to Pauline E. Kemp, who was the receptionist at an office building in Maitland, Florida, where he believed Mr. Scheib maintained an office. The purpose of the visit was to attempt to collect the alleged debt owed by Mr. Scheib to Mr. Menegat.
When Ms. Kemp explained to Respondent that Mr. Scheib was unavailable, Respondent identified himself as an "investigator" and displayed to her his badge and identification card which he carried in a dark leather wallet.
The card and badge are highly misleading. The badge, which is secured to the inside of the wallet, resembles the badge used by law enforcement officers throughout the state. In the center of the badge is a close facsimile of the state seal. The outer circle of the badge carries the words, "INVESTIGATOR" and "FLORIDA." The inner circle of the badge carries the slightly smaller words, "STATE OF FLORIDA."
The card bears Respondent's photograph. Stamped diagonally across the card in large letters is the word, "INVESTIGATOR". At the top of the card in slightly smaller letters are the words, "STATE OF FLORIDA." In very small print beneath these words are the words "private investigative agency." In the background behind Respondent's name, address, state agency id number," and signature is the outline of a badge resembling the badge used by law enforcement officers throughout the state.
Respondent used this badge for "results" -- that is, to intimidate uncooperative persons.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties. Section 120.57(1), Florida Statutes.
Petitioner has jurisdiction over the disciplining of licenses of private investigator interns. Section 493.319(2), Florida Statutes.
Discipline against a license may be imposed if an intern is guilty of "impersonating . . . a law enforcement officer or an employee of this state . .
., or any political subdivision thereof." Section 493.319(1)(i), Florida Statutes.
Petitioner must prove the allegations of the Administrative Complaint by clear and convincing evidence. Ferris v. Turlington, 510 So. 2d 292 (Flab 1987).
Petitioner has proven clearly and convincingly that Respondent impersonated a law enforcement officer of Florida or a political subdivision of Florida.
RECOMMENDATION
Based on the foregoing, it is hereby
RECOMMENDED that a Final Order be entered finding Respondent guilty of violating Section 493.319(1)(i), Florida Statutes, and imposing upon him an administrative fine of $250.
DONE and RECOMMENDED this 6th day of May, 1988, in Tallahassee, Florida.
ROBERT E. MEALE
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1988.
APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-0794
Treatment Accorded Petitioner's Proposed Findings
Adopted in substance, except that references to Respondent's other licenses are irrelevant. The only license subject to discipline in the above-styled proceeding is CC85-00162.
and 7. Rejected as unsupported by the greater weight of the evidence.
3-5, 8. Rejected as unnecessary.
6. Rejected as unsupported by the greater weight of the evidence and unnecessary, except that the second sentence is adopted.
9-13. Adopted.
COPIES FURNISHED:
R. Timothy Jansen, Esquire Assistant General Counsel Department of State
The Capitol, MS 4
Tallahassee, Florida 32399-0250
Anthony Zarelli, Jr.
3000 Willow Bend Boulevard Orlando, Florida 32808
Jim Smith Secretary of State The Capitol
Tallahassee, Florida 32399-0250
Ken Rouse General Counsel
Department of State 1801 The Capitol
Tallahassee, Florida 32399-0250
Docket for Case No: 88-000794
Orders for Case No: 88-000794
