STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA DEPARTMENT OF STATE, ) DIVISION OF LICENSING, )

)

Petitioner, )

)

vs. ) CASE No. 88-4313

)

JACK WARREN and RECOVERY ) INTERNATIONAL DETECTIVE AGENCY, )

)

Respondents. )

)

RECOMMENDED ORDER

The final hearing in this case was held on February 15, 1989, in Tampa, Florida, before Donald D. Conn, Hearing Officer, Division of Administrative Hearings. The parties were represented as follows:

For Petitioner: R. Timothy Jansen, Esquire

Department of State The Capitol

Tallahassee, Florida 32399-0250

For Respondents: Jack Warren, pro se

1502 East Trampnell Road Plant City, Florida 33566

The issue in this case is whether the Florida Department of State (Petitioner) should take license disciplinary action, or impose an administrative fine on Jack Warren (Respondent) and/or Recovery international Detective Agency (Recovery) based on matters alleged in the Administrative Complaint. At the hearing, the Petitioner called Susan Thurman and Dee Howeth, employees at two credit unions, and Daniel Cabrera, special investigator.

Petitioner introduced ten exhibits. Respondent testified on his own behalf and also called Steven Cox and Theresa Stimpson, former employees at Recovery.

Respondent introduced seven exhibits.

No transcript of the hearing was filed. The parties requested, and were allowed, to file post hearing memoranda and proposed recommended orders within fourteen days following the hearing. The Appendix to the Recommended Order contains a ruling on each timely filed proposed finding of fact.

FINDINGS OF FACT

1. During April or May 1988, Respondent solicited business as a private investigator from two credit unions in Hillsborough County, Florida. He approached employees of the credit unions and held himself out as a private investigator by discussing repossession services he could provide. He distributed a brochure and introductory materials describing the fees charged and services provided by Recovery, which included missing persons, child

   custody, investigations, escorts, surveillance, as well as repossessions. According to two former employees of Recovery, these solicitations continued through the Summer of 1988.

   
   

2. The materials distributed to these credit unions by Respondent included a purported license number A-8700255 for Recovery issued by Petitioner on February 26, 1988. In fact, this license was a forgery, and had never been issued to Recovery. The license number shown on this forgery is that of another private investigative agency, the Boucher Agency located in Lutz, Florida. Respondent employed Janice Boucher during April and May 1988, for the specific purpose of using her license to operate Recovery.

   
   

3. During an investigation into these matters in May 1988, Respondent gave to Petitioner's special investigator, Daniel Cabrera, a business card showing the name of Recovery with Boucher's license number. The card states that Recovery is "licensed," and includes the name of Respondent, as chairman. Finally, Respondent's business card represents that Recovery is specializing in collateral recovery.

   
   

4. Respondent was responsible for, and ordered another employee of Recovery to prepare a forged license for Recovery using Boucher's license. Respondent was the owner of Recovery, at all times material hereto. Boucher did not authorize or participate in this forgery.

   
   

5. In May 1988, Respondent obtained a Hillsborough County occupational license for Recovery which states it is for a "private investigative agency, Lic. A-8700255." The private investigative agency number shown on this occupational license is for the Boucher Agency, not Recovery.

   
   

6. Neither Respondent nor Recovery have ever been licensed by Petitioner to engage in the business of a private investigative agency, and have never possessed either a "Class A" private investigative agency license, or a "Class C" private investigator license.

   
   

   CONCLUSIONS OF LAW

   
   

7. The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this case. Section 120.57(1), Florida Statutes. Since this is an action affecting Respondent's livelihood, Petitioner has the burden of proving the alleged violations of Chapter 493, Florida Statutes, by clear and convincing evidence. Ferris v. Turlington, 510 So.2d 292 (Fla. 1987).

   
   

8. In pertinent part, Section 493.319, Florida Statutes, provides:

   
   

   493.319 Grounds for disciplinary action.--

   The following constitute grounds for which disciplinary action specified in subsection (2) may be taken:

   (g) Conducting business without a license or with a revoked or suspended license;

   (n) Transferring or attempting to transfer a license issued pursuant to this chapter;

   * * *

   (2) When the department finds any violation of subsection (1), it may do one or more of the following:

   (c) Impose an administrative fine not to exceed $1,000 for every count or separate offense.

   
   

   Additionally, Sections 493.304(l) and 493.311(3) (c) require a "Class A" private-Investigative agency license In order to solicit and engage In the business of private investigations, and in order to obtain a local occupational

   license for such purpose. See also Sections 493.30(1) and (4), Florida Statutes.

   
   

9. The evidence presented in this case clearly and convincingly establishes that Respondent has committed the alleged violations by operating, soliciting and advertising for business as a private investigative agency without a "Class A" license, forging the license of another agency and attempting to transfer it for the use of Recovery, and then using that forgery to obtain an occupational license.

RECOMMENDATION

Based upon the foregoing, it is recommended that Petitioner enter a Final Order imposing an administrative fine in the amount of $2,000 on Respondent, Jack Warren.

DONE and ENTERED this 14th day of March, 1989, in Tallahassee, Leon County, Florida.

DONALD D. CONN

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550 904/488-9675

Filed with the Clerk of the Division of Administrative Hearings this 14th day of March, 1989.

APPENDIX

(DOAH CASE No. 88-4313)

Rulings on Petitioner's Proposed Findings of Fact

1. Adopted in Finding of Fact 6.

2. Adopted in Findings of Fact 1, 4.

3-4. Adopted in Findings of Fact 1, 2. 5-6. Adopted in Finding of Fact 4.

1. Adopted in Finding of Fact 3.

2. Adopted in Findings of Fact 3,5.

9-10. Adopted in Findings of Fact 1, 4, but otherwise rejected as irrelevant.

COPIES FURNISHED:

R. Timothy Jansen, Esquire Department of State

The Capitol

Tallahassee, Florida 32399-0250

Jack Warren

1502 East Trampnell Road Plant City, Florida 33566

Ken Rouse, Esquire General Counsel Department of State The Capitol, LL-10

Tallahassee, Florida 32399-0250

The Honorable Jim Smith Secretary of State

The Capitol

Tallahassee, Florida 32399-0250

Docket for Case No: 88-004313

Orders for Case No: 88-004313