The Issue Case No. 97-3049 Did Respondent conduct business as a private investigative agency during the period of January 1, 1997, through April 7, 1997, without a Class “A” Private Investigative Agency License in violation of Section 493.6118(1)(g), Florida Statutes? Did Respondent perform the services of a private investigator during the period of January 1, 1997 through April 7, 1997, without a Class “C” Private Investigator License in violation of Section 493.6118(1)(g), Florida Statutes? Case No. 97-3096 Did Respondent conduct business as a private investigative agency during the period of January 1, 1997, through April 7, 1997, without a Class “A” Private Investigative Agency License in violation of Section 493.6118(1)(g), Florida Statutes? Did Respondent perform the services of a private investigator during the period of January 1, 1997, through April 7, 1997, without a Class “C” Private Investigator License in violation of Section 493.6118(1)(g), Florida Statutes?
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: The Department is the agency of the State of Florida charged with the responsibility of investigating and enforcing the provisions of Chapter 493, Florida Statutes. Case Number 97-3049 Respondent Dormal Cavilee was not licensed as a private investigator in the State of Florida and did not possess a State of Florida Class “C” Private Investigator license at any time material to this proceeding. Respondent Dormal Cavilee was not licensed as a private investigative agency in the State of Florida and did not possess a State of Florida Class “A” Private Investigative Agency license at any time material to this proceeding. During the period of January 1, 1997, to April 7, 1997, Respondent Dormal Cavilee performed private investigations, as defined in Section 493.6101(17), Florida Statutes, for Geoffrey A. Foster, attorney-at-law and for Dwight M. Wells or Deborah Wells (Wells), attorneys at law. While performing private investigations for Foster and Wells during the period of January 1, 1997 to April 7, 1997, Respondent Dormal Cavilee was under contract and was not solely and exclusively employed by Foster or by Wells. Additionally, an employer-employee relationship did not exist between Foster or Wells and Respondent Dormal Cavilee in that neither Foster nor Wells deducted federal income tax or social security tax, or furnished any health or retirement benefits to Respondent Dormal Cavilee. Case Number 97-3096 Respondent Mary Cavilee was not licensed as a private investigator in the State of Florida and did not possess a State of Florida Class “C” Private Investigator license at any time material to this proceeding. Respondent Mary Cavilee was not licensed as a private investigative agency in the State of Florida and did not possess a State of Florida Class “A” Private Investigative Agency license at any time material to this proceeding. During the period of January 1, 1997, to April 7, 1997, Respondent Mary Cavilee performed private investigations, as defined in Section 493.6101(17), Florida Statutes, for Dwight M. Wells or Deborah Wells (Wells), attorneys at law. While performing private investigations for Wells during the period January 1, 1997, to April 7, 1997, Respondent Mary Cavilee was under contract and was not solely and exclusively employed by Wells. Additionally, an employer-employee relationship did not exist between Wells and Respondent Mary Cavilee in that Wells did not deduct federal income tax or social security tax, or furnish any health or retirement benefits to Respondent Mary Cavilee. Case Numbers 97-3049 and 97-3096 A billing statement from Respondent Dormal Cavilee and Respondent Mary Cavilee dated March 1, 1997, to Dwight M. Wells, shows the date of investigation, the person performing the investigation (either Dormal Cavilee or Mary Cavilee), the amount of time involved in performing the investigation, the hourly rate and the total amount charged. The billing statement shows that the investigations are related to the defense of Grady Wilson in Case Number CF93-5094-A1XX, a criminal case in Polk County, Florida. Nothing on the billing statement indicates that it is a statement for private investigations furnished by a private investigative agency referred to as Criminal Defense Investigations. The Motion for Payment of Costs filed by Dwight M. Bell in Case Number CF93-5094-A1XX provides in pertinent part: That the following expense was incurred during the investigation, discovery process, pre-trial preparation and trial of this cause: Criminal Defense Investigations $2,500.00 Both the Order Approving Additional Funds for Investigation Costs dated March 3, 1997, and the Order Approving Motion for Payment of Costs refer to the payments as payment for investigations performed by criminal defense investigations. Neither Respondent Dormal Cavilee nor Respondent Mary Cavilee advertised as providing, or engaged in the business of furnishing private investigations, notwithstanding language in the motion and orders referred to above which was apparently referring to the type of services being performed rather than private investigations being furnished by a private investigative agency. On April 7, 1997, a Cease and Desist Order was issued to both Respondent Dormal Cavilee and Respondent Mary Cavilee. The record indicates that both Respondent Dormal Cavilee and Respondent Mary Cavilee honored the Cease and Desist Order and cease performing any private investigations other than in an employer-employee relationship with Wells. Chapter 493, Florida Statutes, did not apply to such activity. See Section 493.6102, Florida Statutes. Neither Respondent Dormal Cavilee nor Respondent Mary Cavilee attempted to “cover-up” any of their activities when questioned by the investigator for the Department. Respondents knew or should have known that their activity in regards to investigations for Foster and Wells required that they be licensed under Chapter 493, Florida Statutes. However, there appeared to be some confusion on the part of the Respondents as to whether their relationship with the defense attorneys required that they be licensed under Chapter 493, Florida Statutes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law and review of Rule 1C-3.113, Florida Administrative Code, concerning disciplinary guidelines, range of penalties, and aggravating and mitigating circumstances, it is recommended that the Department in Case Number 97-3049 enter a final order: (a) dismissing Counts I, II, and IV of the Administrative Complaint; (b) finding Respondent Dormal Cavilee guilty of the violations charged in Count III and V of the Administrative Complaint, assess an administrative fine in the amount of $300.00 for each count for a total of $600.00. It is further recommended that the Department in Case Number 97-3096 enter a final order dismissing Counts I and III of the Administrative Complaint; and finding Respondent Mary Cavilee guilty of the violations charged in Count II of the Administrative Complaint, assess an administrative fine in the amount of $300.00. DONE AND ENTERED this 2nd day of January, 1998, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6947 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of January, 1998. COPIES FURNISHED: Hon. Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel The Capitol, Plaza Level-02 Tallahassee, Florida 32399-0250 Kristi Reid Bronson, Esquire Department of State, Division of Licensing The Capital, Mail Station Four Tallahassee, Florida 32399-0250 Dormal Dean Cavilee 1900 Queens Terrace Southwest Winter Haven, Florida 33880 Mary Louise Cavilee 2768 Janie Trail Auburndale, Florida 33823
Findings Of Fact At all times material to this proceeding, Respondent held a Class "A" Private Investigative Agency License, Number A00-01205, and a Class "C" Private Investigator Licence, Number C00-01229. Respondent has been licensed as a private investigator since 1962. During that time, there has been no disciplinary action against his licenses. On or about May 26, 1994, Leslie Dillingham hired Respondent to obtain proof of her husband's homosexuality for use in a divorce and custody proceeding. During the initial meeting between Respondent and Ms. Dillingham, she requested that Respondent conduct a surveillance of her husband, Mr. Dillingham, and his alleged boyfriend. She also requested that Respondent send someone who could pass as being gay to attend a meeting of an alleged support organization for homosexual men at a branch of the public library on May 28, 1994. Ms. Dillingham wanted to find out the names and addresses of the gay men who were members of the support group. Respondent represented to Ms. Dillingham that he would conduct the surveillance and that he had employees that could assist him in performing these services. He told Ms. Dillingham that he had an employee who could pass as being gay and infiltrate the organization of gay men. However, that employee was out of town. Respondent said he would contact this employee and have him attend the meeting at the library. During the initial meeting between Respondent and Ms. Dillingham, she expressly informed Respondent of the time constraints involved in the investigation. She needed all available information before June 7, 1994, which was the trial date for her divorce and child custody proceeding. Ms. Dillingham specifically requested an oral daily report, an itemized statement of the work done, and a written report of the outcome of Respondent's investigation. Respondent was to make his daily reports by telephone to Ms. Dillingham's home or office. Ms. Dillingham gave Respondent some pictures of her husband and his alleged boyfriend along with the tag numbers for their automobiles. She also gave Respondent a retainer in the amount of $1,500. She agreed to pay Respondent and/or his employees $40 per hour. Respondent immediately began his surveillance of Mr. Dillingham's residence on May 26, 1994. At all times relevant to this proceeding, Respondent worked alone and did not engage any employee or other investigator to assist him with the investigation. On May 27, 1994, Respondent continued his surveillance of Mr. Dillingham's apartment and made spot checks at the home of the alleged boyfriend who lived in a different part of town. The surveillance revealed no contact between the two subjects. Respondent did not attempt to make his daily report to Ms. Dillingham. On May 28, 1994, Respondent conducted surveillance of the subjects' residences, first one and then the other, until 4:00 p.m. At that time, Respondent went to the library branch where the support group was scheduled to meet. He had been unable to arrange for his employee to infiltrate the meeting. Instead, Respondent sat outside the door of the meeting where he could hear the group planning a Memorial Day picnic. He was able to record the tag numbers of some of the men attending the meeting. Neither of the subjects attended the support group meeting. After the meeting, Respondent resumed his surveillance at the residences of Mr. Dillingham and the alleged boyfriend. They did not have any contact with each other. Again, Respondent did not attempt to contact his client to make his daily report. The next day was Sunday, May 29, 1994. Once again Respondent's surveillance of the subjects' residences was not fruitful. Respondent contacted his client, Ms. Dillingham, who directed him not to begin surveillance of the husband until after noon the next day. Ms. Dillingham did not want Respondent to conduct surveillance on the morning of May 30, 1994, because her husband would have visitation with their son during that time. Monday, May 30, 1994, was Memorial Day. Respondent's surveillance from 1:30 p.m. to 11:30 p.m. did not reveal any contact between the subjects. However, Respondent made his daily report to his client. Ms. Dillingham informed Respondent that she was attempting to serve her husband's male friends with subpoenas for deposition. She told Respondent that once "the cat was out of the bag," continued surveillance probably would not be useful. On May 31, 1994, Respondent was unable to locate the vehicle of the client's husband at home or at work. Spot checks throughout the day revealed no activity between the subjects. When Respondent made his daily report, Ms. Dillingham told him that depositions of her husband's friends would take place on June 2, 1994, and mediation on June 3, 1994. After this conversation, Respondent understood that the surveillance part of the investigation was complete. Ms. Dillingham's husband had visitation with their son on Wednesday evening, June 2, 1994, and on the weekend from Friday, June 3, 1994, through Sunday, June 5, 1994. Ms. Dillingham did not want surveillance conducted during visitation periods. Ms. Dillingham and her sister, Karlene Goller, tried to reach Respondent by phone several times everyday from June 1, 1994, through June 4, 1994. They were not successful. On Sunday, June 5, 1994, Respondent returned one of Ms. Dillingham's calls and agreed to meet her at her office. During the meeting, Respondent returned the photographs of Ms. Dillingham's husband and his alleged boyfriend. He also gave her the tag numbers of some of the men who attended the support group meeting at the public library. Ms. Dillingham was dissatisfied with the results of Respondent's investigation because it had not produced any evidence of her husband's homosexuality. Respondent informed Ms. Dillingham that he had worked for 60 hours on the case. Ms. Dillingham was so upset that Respondent agreed to continue the investigation without charging her for his time in excess of the $1,500 retainer. Respondent said he would visit some gay bars to determine whether anyone knew Mr. Dillingham. Respondent told Ms. Dillingham that he might have to pay someone at the gay bars to contact him if they saw Mr. Dillingham at a bar. On Monday, June 6, 1994, Respondent went to some gay bars. At a bar known as the Metro, Respondent made contact with a bartender/security man, Bruce Long, who knew most of the gay men in town. However, Mr. Long did not know Mr. Dillingham by name and verbal description. Respondent gave $50 dollars to Mr. Long and promised to furnish him with a photograph of Mr. Dillingham. In exchange for the money, Mr. Long agreed to call Respondent if he saw Mr. Dillingham. Around 11:00 p.m. on June 6, 1994, Respondent met with Ms. Dillingham and her sister at a Waffle House on Roosevelt Boulevard. She gave a photograph of Mr. Dillingham to Respondent to show to Mr. Long at the Metro. Later that night, Respondent returned to the Metro. He gave the photograph of Mr. Dillingham to Mr. Long who agreed to show it around to friends and bartenders at other gay clubs. June 7, 1994, was the date of the final hearing in Ms. Dillingham's divorce and custody proceeding. After checking with Mr. Long to find out if any of his gay friends knew Mr. Dillingham, Respondent beeped Ms. Dillingham indicating that he had no new information. Ms. Dillingham never saw Respondent's investigative report marked as Petitioner's Exhibit One (1) until an investigator from Petitioner's office showed it to her. She never received an itemized statement or bill indicating how Respondent spent her retainer.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, hereby, RECOMMENDED that Petitioner issue a final order reprimanding Respondent, imposing an administrative fine in the amount of $250 and placing the licensee on probation for a period of time and subject to such conditions as the department may specify. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 21st day of February 1996. SUZANNE HOOD, HEARING OFFICER 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 21st day of February, 1996. APPENDIX The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. Petitioner's Proposed Findings of Fact Accepted in Findings of Fact 1. Accepted in Findings of Fact 2. Accepted in Findings of Fact 3 except for last sentence in 3(a) of the Proposed Facts which is rejected. No persuasive evidence that Respondent and his client discussed the need to make inquiries at gay bars during the initial meeting. Accepted in Findings of Fact 4. Accepted in Findings of Fact 4. Accepted in Findings of Fact 5. Accepted in Findings of Fact 7. Rejected as contrary to greater weight of evidence. Rejected as contrary to greater weight of evidence. Accepted in Findings of Fact 15 and 16. Accepted in Findings of Fact 16. Accepted as restated in Findings of Fact 10 and 16-17. Accept in Findings of Fact 17 that Respondent agreed to visit some gay bars but reject that Respondent offered to buy testimony. Accepted in Findings of Fact 18. Accepted in Findings of Fact 18-20. Accepted in Findings of Fact 21. Accepted but subordinate to Findings of Fact 21. Respondent's Proposed Findings of Fact Respondent did not file Proposed Findings of Fact. COPIES FURNISHED: Henry H. Wells Attorney at Law 8015 Tara Lane Jacksonville, Florida 32216 Kristi Reid Bronson Assistant General Counsel Department of State Division of Licensing The Capitol, Mail Station Number 4 Tallahassee, Florida 32399-0250 Honorable Sandra B. Mortham Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact At all times pertinent to the allegations herein, Respondent, Lawrence E. Singleton, held a Class "A" Private Investigative Agency license issued by the State of Florida under license number A 0001058, issued on October 12, 1987, to expire June 30, 1989. From 1969 through 1976, he also held a Class "C" Private Investigator license No. 227-C, and on July 7, 1988, applied again for a Class "C" license. From late 1976, however, to the date of application for a new "C" license in 1988, he did not hold a valid "C" license in Florida. In 1986, Respondent agreed to sponsor Paul E. Hartigan for a Class "CC" Investigator Intern license utilizing his, Respondent's, license, Number GK 0001058 or 000007271. Neither was a bona fide Class "C" license, however. The sponsor form signed by the Respondent indicated he held a class "C" license. This was incorrect. As of June 23, 1988, Respondent was notified by the Department, by certified mail, that he did not possess a valid Class "C" or "A" license. That letter was correct as to the Class "C" license, but it was incorrect as to the Class "A" license. Janet R. Yonts, a well to do, eccentric, elderly woman who is active in animal rights causes in Florida and elsewhere, first met Respondent in 1986 through Mr. Bert Wahl, Jr., also active in those causes. In March 1988, she again contacted Respondent to do some work for her. She was looking for a private investigator to secure evidence of animal abuse against a Mr. Curtis, operator of the King Kong Zoo in Brooksville, Florida, who was suspected of abusing his animals. A corollary effort of Ms. Yonts, and one which she gave to Respondent, was to secure help for a friend, Ms. Bates, in her efforts to remove her trailer home from Mr. Curtis' property. Ms. Yonts was, for the most part, satisfied with Respondent's performance in their 1986 dealings. At that time, she paid him between $3,000 and $4,000 without receiving either an itemized statement or a report. Mr. Singleton attempted to get the evidence that Ms. Yonts desired concerning Mr. Curtis but denies he was in any way employed to move Ms. Bates' trailer. Ms. Bates was occupying her own trailer in a rental space on Mr. Curtis' property and had fallen behind in her rent payments when Mr. Curtis raised the rental payments considerably. Though Respondent denies any substantial effort to achieve the release of Ms. Bates' unit, and though he claims that what efforts he made did not constitute private investigation, the evidence indicates that on at least one occasion, in March or April 1988, he met with Ms. Bates and Mr. Curtis' stepson to discuss the possibility of getting the trailer off the property. Respondent contends that this meeting dealt primarily with an effort to get Mr. Curtis' stepson to provide evidence against his stepfather regarding the animal abuse allegations. In addition, he made at least one reconnaissance trip to the site, a trip on which he made a video tape which he played at the hearing. On that visit, he was unable to find the trailer in question because it had already been moved by someone else at Ms. Bates' direction As a result of the arrangement between Ms. Yonts and Mr. Singleton, however, she paid him $1,400.00 of which $500.00 was to be and was paid to Ms. Bates far back rent payments. The balance was to be used by Respondent both in his efforts to secure release of the trailer and to gather evidence against Mr. Curtis on the animal abuse allegations. There is substantial question in Ms. Yonts' mind as to how and where the remaining $900.00 was actually used. She made many phone calls to Respondent in an effort to get him to give her an accounting of the money spent and a report of his actions along with a bill for his services. He either ignored her requests or refused to provide such an accounting. Ms. Yonts also tried to get an accounting through her friend, Ms. Grabau, who was familiar with Mr. Singleton and what he was to do, and her efforts were also to no avail. Ultimately Ms. Yonts requested her Maine attorney, Mr. Strong, to contact Mr. Singleton and request an accounting and statement. When this was done, Respondent initially agreed to provide it, but immediately thereafter refused. Because Mr. Strong did not show a written authorization from Ms. Yonts, Respondent took the position that the confidentiality of his relationship with his client precluded him from releasing any information. He took the same position with Ms. Yonts' Florida attorney, Mr. Horan, who requested, both telephonically and in writing, an accounting and statement from the Respondent. At no time was either furnished. Respondent denies having received any request from Ms. Yonts and indicates he would have provided such requested information if he had been asked. By the same token, he also states that if either attorney or anyone purporting to represent Ms. Yonts had shown him a written authorization from her to release the information, he would have done so at that time. His testimony in that regard lacks credibility. Granted his reluctance to release the information to Ms. Grabau, both attorneys communicated with him on their professional letterhead, indicating their representative status, and he neither provided them with the information nor indicated what he would accept as authorization. Neither did he call Ms. Yonts to verify the authorization. It is clear Mr. Singleton had no intention of providing any statement or accounting to Ms. Yonts or her representatives for the $900.00 she gave him. At the hearing, however, he testified he spent well in excess of $1,000.00 worth of time in pursuit of her interests and that he earned every bit of the $900.00 fee she paid. Even at the hearing, however, he did not itemize and it is not at all unreasonable that Ms. Yonts should request an itemization. Having requested one, it is also not unreasonable that she should receive it. There was substantial issue raised by Respondent as to Ms. Yonts' competence to testify and to recall with any degree of accuracy the substance of her dealings with him. He made much of her inability to recall the actual address of her daughter whom she has not seen for several years. She related, however, that her daughter, from whom she is estranged, a not unusual situation, had recently moved. He alleged she rides around in a limousine with a basset hound who is not house broken, but she denied that, requesting to keep her animals out of the discussion. When his counsel asked her when she last combed her hair, she stated that she didn't comb it, but then quickly pointed out that she recently had a permanent and brushes it instead. While Respondent claims that Ms. Yonts, in her automobile outside of Ms. Grabau's house when she retained him to represent her in the matters in issue here, invited him to go to Australia with her, claiming they could have a good time, she unequivocally denies that happened. She admits to having been hospitalized for mental problems at one time in the past but claims she voluntarily admitted herself and was released when she recovered. She also admits that sometime around 1974, her not insubstantial property was placed into a conservancy but she has since been restored to full control over it and the conservancy has been cancelled. It is clear from the testimony given at the hearing and from personal observation of all parties, that while Ms. Yonts may be eccentric and unusual, while her syntax in speech may be unusual, and while she may be somewhat unsure as to the exquisite details of occurrences (times and dates), her testimony as a whole makes it clear she is competent to testify and her credibility is good. She is past seventy years of age. Though she may be reluctant to discuss her pets, this does not mean her recollection of past facts is faulty and when she claims to have repeatedly requested a statement and accounting of her fee from the Respondent, she is believable. Her eccentricities and idiosyncrasies in no way detract from the weight of her testimony in regard to the fundamentals of her story. Respondent's innuendo that she was coached as to what to say in her testimony by the Department's investigator is unsubstantiated and without merit. Ms. Yonts paid Respondent a substantial sum for the work he did for her on the prior occasion and at that time also got no itemization. Apparently, none was requested then. In the instant case, however, after she decided she could no longer work with him, while in the course of a conversation with someone about her dissatisfaction, it was suggested to her that she should get an itemization from Respondent as to the disposition of the money she had given him. When she entered the agreement with him, no set fee was agreed upon. She took it for granted Respondent would do what was necessary and would thereafter charge her a reasonable fee for his services. There was no request then for an itemized report. However, after the termination of their relationship, and after she spoke with another detective agency where she again was advised to get an accounting, she then requested one from Respondent. It was only when her repeated efforts to contact Respondent failed that she requested Horan and Ms. Grabau to speak with Respondent, and admittedly, she did not advise him that either was her representative. Respondent was first licensed in Florida as a private investigator in 1969 and, to the best of his knowledge, was licensed as such continuously ever since. As was seen before, however, his licensing history shows otherwise. In 1976 his "C" license was changed to an "A" license and he has maintained his "A" license throughout. Respondent changed from a "C" license to an "A" license because of the large number of investigator interns who wanted to work for him. He claims he called the Secretary of State's licensing office in Tallahassee at the time and was told by whomever answered the phone that to use interns in his work, he needed an "A" license. He also claims he was told he would have to change the "C" license to an "A" license when, in reality, he could have maintained both. In order to act as an investigator, one must hold a "C" license, but one may own and operate an investigative agency with merely an "A" license if one does not perform investigative work himself. Each year, after the change over, Respondent's "A" license was renewed. He relied completely on these automatic renewals as well as the fact he did what was advised by Department personnel to indicate he was properly licensed. Even in the case of Mr. Hartigan, the intern, who had been denied licensure because the Department claimed no record of Respondent, his "master," having a "C" license, when Respondent sent in evidence of his license status, Hartigan was licensed. He felt this was additional evidence of the propriety of his licensure status. Respondent is aware of the requirement in Chapter 493, Florida Statutes, that interns holding a "CC" license work under the supervision of the holder of a "C" license. Since Hartigan was licensed with a "CC" license while working for Respondent, who in reality held only an "A" license at the time, Respondent now claims that the Department is estopped from denying he was properly licensed as the holder of a "C" license at the time. All of this relates to the period of time during which Respondent was performing investigative services for Ms. Yonts. The issue of estoppel is a legal issue which will be discussed and resolved in the Conclusions of Law, infra. While Mr. Singleton admits to having done work for Ms. Yonts in 1986, his employment was arranged by Mr. Wahl and he did not meet her until about a year and a half later when Ms. Grabau advised him Mr. Curtis was suing Ms. Yonts because of the surveillance he had done. He met with Ms. Yonts at Grabau's house where they talked both inside the house and outside in her car. It was at this time Ms. Yonts allegedly suggested he accompany her to Australia as her bodyguard, a suggestion he interpreted as a pass. As was noted previously, Ms. Yonts denies this and her story is the more credible. It was also at this time that Ms. Yonts asked Respondent to continue the investigation into Mr. Curtis' activities. He claims that at this time he advised Ms. Yonts, and she agreed, that nothing would be committed to paper, reports or bills. He claims Ms. Yonts never told him that either Mr. Strong, in Maine, or Mr. Horan, in Florida, were her attorneys nor did she give him any authorization then to release the information he discovered to anyone other than her, and he was unable to reach her directly since he had no phone number for her. This may well be true because Ms. Yonts is, if nothing else, mobile. Respondent denies ever being hired by Ms. Yonts to move Ms. Bates' trailer. This may be true, however, he was retained by her to assist Ms. Bates in extricating herself from the situation in which she found herself regarding her trailer. He was sent money by Ms. Yonts with instructions to deliver $500.00 to Ms. Bates, which he did. Nonetheless, somewhat later, when it became obvious to him there would be some trouble over the trailer and Ms. Yonts' relationship with Curtis, he decided to look further into the matter. It was at this point he drove out to the park to find the trailer but discovered it had, by that time, been moved. In his opinion, his activities regarding the trailer had nothing to do with private investigations, however, either in practice or under the definition outlined in Section 493.30, Florida Statutes. There came a time in their relationship when Respondent "fired" Ms. Yonts as his client by long distance phone call because the evidence she was looking for regarding Curtis' abuse of animals simply was not there. When he told her that, she got quite upset, he claims, but soon calmed down: He claims great compassion for Ms. Yonts and believes she is being used by many people. From their day-to-day relationship he concluded she did not possess all her faculties and was not living a realistic existence. He kept the $900.00 remaining from the $1,400.00 he received from Ms. Yonts because he believed he earned it as a result of his continuing investigation on her behalf. Though he claims to have kept a rough calculation of hours and mileage spent in this investigation in his records, he has never produced them to Ms. Yonts or her agents, or at the hearing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that the Respondent, Lawrence E. Singleton, as to his current licenses as a Private Investigator and Private Investigative Agency, be placed on probation for a period of six months under such terms and conditions as the Department may specify; that he be reprimanded; and that he pay an administrative fine of $500.00. RECOMMENDED this 11th day of July, 1989 at Tallahassee, Florida. ARNOLD H. POLLOCK, 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 11th day of July, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-0117 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on a;; of the Proposed Findings of Fact submitted by the parties to this case. By the Petitioner: Accepted and incorporated herein. Accepted and incorporated herein except that the signature block indicating Respondent held a "C" license was pre-printed on the form. Accepted and incorporated herein. Accepted and incorporated herein. Respondent received $1,400 from Ms. Yonts as a fee to both assist Ms. Bates and look into the alleged animal abuse by Mr. Curtis. Rejected as inconsistent with the evidence and law. Accepted and incorporated herein. 8-11. Accepted and incorporated herein. 12. Accepted and incorporated herein. By the Respondent: Last sentence accepted and incorporated herein. Balance rejected as argument and comment on the evidence. First, second and last sentences rejected as argument and comment on the evidence. Balance accepted and incorporated herein. 3 & 4. Accepted and incorporated herein. 5 & 6. Accepted. Not a Finding of Fact but a statement of pertinent law and a comment on the allegations. Accepted. Accepted. Rejected as inconsistent with the evidence. Accepted. 12 & 13. Accepted and incorporated herein. Rejected as to 1st and 2nd sentences. Third and fourth sentences irrelevant. Fifth sentence accepted. First and Second sentences rejected as argument. Third sentence rejected. Petitioner offered evidence to this effect which was objected to by Respondent. Balance accepted. Rejected as conclusive in Findings of Fact. Last sentence rejected as not a pertinent finding of fact. First sentence a recitation of evidence. Balance irrelevant. COPIES FURNISHED: Henri C. Cawthon, Esquire Asst. Attorney General Department of State The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Douglas M. Wycoff, Esquire 705 East Kennedy Blvd. Tampa, Florida 33602 Hon. Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse, Esquire General Counsel The Capitol, LL-10 Tallahassee, Florida 32399-0250 =================================================================
Findings Of Fact The applicant, Eugene Harold Givens, worked 30 hours per week from January of 1974 until June, 1976, for I. H. Givens, a Class "A" private investigator. The applicant surveilled and investigated prostitution and drug trafficking for a total of 3900 hours during this two-and-a-half-year period at the San Carlos Hotel in Pensacola, Florida. The applicant worked 200 hours for I. H. Givens in interviewing witnesses, locating witnesses and taking statements from witnesses for attorney James A Johnston. The applicant worked 10 hours per week for two years, 1977 and 1978, for Ronald McNesbitt attempting to gain information concerning illegal drug trafficking and stolen property in Escambia County, Florida. This constituted a total of 1040 hours. The applicant worked on various cases for I. H. Givens between 1976 and 1978 for a total of 780 hours as indicated: 20 hours investigation of stolen tax checks; 40 hours investigation and surveillance in a child custody case; 80 hours investigation into the cause of death of the son of Charles Walker; and 640 hours of surveillance and general private detective work with various attorneys and individual clients of I. H. Givens. The applicant worked 20 hours per week for four months for I. H. Givens in investigation of stolen property for a total of 320 hours. This investigation was conducted in conjunction with the offices of the sheriffs of Escambia and Santa Rosa Counties. The total number of hours worked by the applicant was 6240 hours. Applying the Department of State's procedure of dividing the number of hours worked by an applicant by 40 hours, the work hours in a full-time week, the applicant worked a total of 156 weeks, or three years.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Department of State approve the application for licensure of Eugene Harold Givens as a Class "A" private investigative agency. DONE and ORDERED this 9th day of July, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 James A. Johnston, Esquire Number 1 North Palafox Street Pensacola, Florida 32501
Findings Of Fact At all times relevant hereto, Respondent held a Class "C" Private Investigator's License Number C90-00727 and a Class "G" Statewide Firearms License, Number G90-02226. In April 1991 Respondent taught a Saturday morning class, the third or fourth week of that month, in which Beatrice Price and Ryan Martin were trainees. At the conclusion of the lecture Respondent took the two trainees on a "real" investigation. The subject of the investigation was a dentist, Dr. Kathleen Gerreaux, under surveillance on either a worker's compensation claim or a liability claim (conflict in the testimony and the type of surveillance is not relevant). Respondent placed a microphone under the blouse of Beatrice Price a/k/a Beatrix Herrera and had her go to the office of Dr. Gerreaux to try and learn in what activities she was engaging. The conversation was recorded in Respondent's van parked some distance away. When Herrera returned to the van the tape was replayed in her presence and the words of the investigator and Dr. Gerreaux could be clearly understood. Shortly thereafter Dr. Gerreaux left her office and returned to her home. Respondent took the van to the vicinity of the residence, parked several houses away and rigged Ryan Martin with a microphone under his shirt and had him go to Dr. Gerreaux's home to attempt to get her to go jogging or perform some other exercise which could be videotaped. Herrera overheard the conversation between Martin and Dr. Gerreaux while waiting in the van. This incident was not reported to Petitioner until several months later after Herrera had contacted plaintiff's investigator to complain about an incident which she was told she had been taped without her knowledge or consent. When told that her evidence was insufficient to support her claim Herrera told the investigator about the taping of the conversation with Dr. Gerreaux. This initiated the investigation which led to the Administrative Complaint filed herein. After talking to Herrera and Martin the investigator also interviewed Respondent regarding the taping incident. Respondent admitted to the investigator that he had used Herrera and Martin to intercept the conversations with Dr. Gerreaux, but said the tapes were unintelligible. Respondent's version of this incident was similar to the testimony given at the hearing by Herrera except for the clarity of the taped conversation.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That a final order be entered finding David J. Berry guilty of violating section 493.6118(1)(f), F.S. and that an Administrative fine of $1000 be imposed. DONE AND RECOMMENDED this 2nd day of November, 1993, in Tallahassee, Leon County, Florida. K. N. AYERS 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 2nd day of November, 1993. COPIES FURNISHED: Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250 Henri C. Cawthon Assistant General Counsel Department of State Division of Licensing The Capitol, Mail Station #4 Tallahassee, Florida 32399-0250 Ronald L. Jones, Esquire 1020 East Lafayette Street, Suite 108 Tallahassee, Florida 32301
Findings Of Fact 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. 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. 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. 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. 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. 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.
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 Adopted in Finding of Fact 6. Adopted in Findings of Fact 1, 4. 3-4. Adopted in Findings of Fact 1, 2. 5-6. Adopted in Finding of Fact 4. Adopted in Finding of Fact 3. 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
Findings Of Fact During the period January 26, 1994, to September 28, 1994, in Broward County, Florida, Respondent performed the services of a private investigator without a valid Class "C" Private Investigator License. 1/ Petitioner is the agency of the State of Florida responsible for the licensure of persons providing private investigative, private security, and private repossession services in Florida pursuant to Chapter 493, Florida Statutes. Respondent first applied to Petitioner for licensure as a private investigator on October 4, 1994. At no time prior to that application was the Respondent licensed as a private investigator by the Petitioner. At all times pertinent to this proceeding, Respondent was employed by American Recovery Specialist of Fort Lauderdale, Florida (American Recovery). On January 1994, American Recovery was employed by Riverside National Bank (Riverside) to locate Ms. Chaan S. Capps and her 1993 Nissan Maxima that she had financed through Riverside. Respondent performed investigative services pertaining to this account with Riverside in January and February 1994. Matthew Ross is the boyfriend of Ms. Capps. Mike Levine and Matthew Ross are friends. On January 26, 1994, Respondent called Mike Levine pertaining to this investigation. During this telephone conversation, Respondent identified himself to Mr. Levine as a detective from the Metro-Dade Police Department and asked him questions about Ms. Capps. Frances Ross is the mother of Matthew Ross. On February 9, 1994, Matthew Ross found one of the Respondent's business cards in the gate of his mother's residence. The business card contained Respondent's name, the name of his employer, and his telephone number. The card also contained the handwritten notation "call ASAP." Mr. Ross called from his mother's house the telephone number listed on the business card and he spoke with the Respondent. Respondent told Mr. Ross during this telephone conversation on February 9, 1995, that he was an investigator with the Metro-Dade Police investigating the Chaan Capps case. The conversation between Respondent and Mr. Ross terminated when Mr. Ross became upset, handed the telephone to his mother, and walked out of the house. Respondent thereafter told Frances Ross that Ms. Capps was wanted by Metro-Dade Police and that he was investigating the case for Metro-Dade Police.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner enter a final order that adopts the findings of fact and conclusions of law contained herein and imposes administrative fines against the Respondent as follows: An administrative fine in the amount of $100 for the violation of Section 493.6118(1)(g), Florida Statutes, as alleged in Count I of the Amended Administrative Complaint. An administrative fine in the amount of $500 for the violation of Section 493.6118(1)(i), Florida Statutes, as alleged in Count II of the Amended Administrative Complaint. An administrative fine in the amount of $500 for the violation of Section 493.6118(1)(i), Florida Statutes, as alleged in Count III of the Amended Administrative Complaint. DONE AND ENTERED this 14th day of November, 1995, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON 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 November, 1995.
Findings Of Fact On June 22, 1987, Petitioner submitted to Respondent an application for a Class "C" private investigator license. After review of the application and verification of the previous work experience listed in it, Respondent determined the work experience did not meet the statutory requirement of section 493.306 (4), Florida Statutes, that an applicant for the Class "C" license have two years training or experience in private investigative work or related work areas providing equivalent experience. The Respondent denied Petitioner's application on October 5, 1987. The Petitioner is presently employed as a process server. He was employed for varying periods of time between July, 1984, and May of 1987, by four law firms. In the course of this employment, Petitioner sometimes assisted lawyers and witnesses prepare for trial by retrieval of information from records within the particular firm where he was working, or from public records at various public institutions. Among the public records he is accustomed to reviewing are those of Respondent's Division of Corporations. On one occasion, he did, pursuant to instructions from his employer, search through a garage in Tampa, Florida, for certain records. In the course of his work experience, Petitioner has never conducted any kind of surveillance, located a missing person, or investigated a homicide or arson case. He has never testified at a trial or conducted an electronic "debugging" or "bugging" exercise. The Petitioner completed a short prescribed program at the Miami-Dade Community College in August of 1979, and was awarded a "planned certificate" as a legal assistant. To obtain this certificate, he completed various courses at the college during the period stretching from January, 1976, until July, 1979. Among those courses completed by the Petitioner were three hour courses in legal research, business law, legal writing, domestic relations and criminal law, and legal writing. Alan Rollins, assistant director for Respondent's licensing division, testified that Respondent's policy has been to define the statutorily required licensing prerequisite of "[p]rivate investigative work or related fields of work" as a requirement that an applicant for a Class "C" license possess field investigatory experience beyond the mere review of public records. Rollins noted that even law enforcement officers could not be licensed under this policy, unless equipped with investigatory experience. He further stated that the policy is the result of Respondent's desire to be consistent with the perceived legislative intent of the statute to protect the public welfare. Harvey Morse, owner of several private investigator agencies, holder of a law degree and a practicing private investigator, testified as an expert witness for the Respondent. The testimony of Morse establishes that surveillance experience is essential to the conduct of investigations by private investigators. Since the purpose of licensing private investigators is to protect the interest of the public in obtaining competent services from persons holding themselves out as private investigators, the legal research experience and education of the Respondent is not, standing alone, an adequate substitute for the statutory requirement of experience in the areas of "[p]rivate investigative work or related fields of work". Morse, who also serves as chairman of the advisory council which advises the Respondent on licensing of this profession, opined that the Petitioner was qualified only to obtain information from public records. Experience in a related field of work should involve surveillance. Such experience could be obtained by the Petitioner through first obtaining a Class "CC" license and working as an intern to a licensed investigator.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered denying the Petitioner's application for licensure. DONE AND RECOMMENDED this 21st day of June, 1988, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 21st day of June, 1988. APPENDIX The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on findings of fact submitted by the parties. RESPONDENT'S PROPOSED FINDINGS: Included in finding 1. Included in finding 2. Unnecessary to result reached. Included in finding 1. 5.-14. Unnecessary to result reached. 15. Included in finding 5. 16.-19. Included in finding 6. Included in finding 3. Unnecessary to result reached. Included in finding 2. COPIES FURNISHED: R. Timothy Jansen, Esquire Department of State The Capitol, Mail Station #4 Tallahassee, FL, 32399-0250 Mr. Martin Broyles 985 N.E. 149th Street Miami, Florida 33161 Ken Rouse, Esquire General Counsel Department of State 1801 The Capitol Tallahassee, Florida 32399-0250 Hon. Jim Smith Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact On or about January 25, 1983, Petitioner, Bruce Hahn, submitted an application for licensure as a Class A Private Investigative Agency to the State of Florida, Department of State, Division of Hearing. Thereafter, on April 5, 1983, he submitted an amendment to the application applying as well for a Class C Private Investigator's License. The Class A License was granted. On his application Petitioner indicated he had been arrested for disorderly conduct and assault but had not been convicted of either. Records of the Circuit/County Court for Broward County, Florida, reflect that he was arrested for armed robbery, a felony, in Pompano Beach, Florida, on or about February 15, 1981, but was tried on a lesser offense of assault, a misdemeanor. Adjudication of guilt was withheld, but Petitioner was sentenced to six (6) months report probation. Based on this, Respondent, on June 17, 1983, denied Petitioner's application for a Class C License. Grounds for denial cited the time were that Petitioner has been found guilty of the commission of a crime which directly relates to the business for which the license was to be held, regardless of adjudication, and the commission of an assault except in self-defense or the defense of a client, both of which related to his February 14, 1981 arrest. According to Pan Pingree, Respondent considered the court ruling on the assault a determination of Petitioner's guilt of a criminal charge relating to the business of private investigation because in that job, he would have to be involved with the public. Respondent considers the statutory grounds for denial, as above, as a legislative fiat to consider crimes of violence in determining whether an applicant is fit to hold a license. Petitioner's offense was considered to be a crime of violence based on the assault which is specifically listed in the statutes. In addition, it was considered that the job of private investigation involves stress situations and the licensing agency must be satisfied licensees can be depended upon to react properly. In making the decision to deny, Respondent carefully considered the arresting officer's report, the court charge, and the form on which the court listed its action withholding adjudication of guilt, and sentence. Petitioner contends he tried to submit his explanatory information to Respondent by phone, but admits he did not do so in writing. He contends he was interviewed by two (2) investigators to whom he told his story, who indicated to him there was no problem. Notwithstanding Petitioner's phone call to a secretary at the Division of Licensing and his attorney's phone call to Ms. Pingree (which she does not recall), there is no evidence that Respondent considered anything other than the documents referred to above in making its decision to deny him the Class C License. In authorizing the Class A, Agency License, Respondent concluded that since Petitioner would have to have a manager who had a Class C License for the agency, this would insulate the owner (Petitioner) from the public, providing a degree of protection to the public. At the time of the offense on which the denial was based, Petitioner was working for the Broward County (Florida) Building and Zoning office. At the time of the hearing, he was employed as an investigator for the Broward County Coroner. According to the Affidavit of Experience submitted with his application, Petitioner had previously been licensed as a Private investigator under State license #1052-A, doing business as Hahn Investigative Services, in Hollywood, Florida, during 1975 through 1977. On the night of the offense, Petitioner, who had just undergone a divorce and was feeling sorry for himself, contends he was called to meet a friend of his at the lounge outside of which he was arrested. Unfortunately, he had too many drinks without eating and, on the way to his car to go home, he got sick to his stomach. He went behind a dumpster to vomit. While he was doing this, he heard steps behind him and, knowing he was in an unsavory area, he became concerned. When he turned around, he saw two (2) men behind him and said to them, "I don't want to get my ass kicked and I'm drunk. Leave me alone." At this point, he raised his hands. On cross examination, Petitioner admitted he was so drunk on the night in question he does not remember what time he went to the dumpster. He could not even find his car. Based on this admission, it is most likely he could not remember his words with such clarity and it is so found. The arresting officer's report shows that when he arrived at the scene he observed an individual who matched the Petitioner's description, standing in the parking lot with his hands raised consistent with Petitioner's story. However, based on the report of another individual present, and not upon his own observation, he arrested the petitioner, not as the victim, but as the perpetrator of the offense. Petitioner contends that at the time he owned an $85,000.00 home and drove a Cadillac Seville to indicate he had no reason to steal, and he categorically denies he had a weapon or tried to assault or rob anyone. Though no weapon was found on the Petitioner, he does own one which, at the time in question, was in his nightstand at home. He does not now nor did he then have a permit to carry it. He was not carrying his wallet at the time of his arrest because, he contends, during the evening, he knocked over a chair in the bar and broke it and the bartender kept his wallet as security for the damage. Petitioner claims he has no drinking problem now. He also contends, and there was no evidence to show otherwise, that he has no other arrest record nor was any disciplinary action taken against him at work because of this. At the time of his plea of Nolo Contendere, the court case had been set for hearing on three different occasions all of which had been cancelled. The suspense, he states, was eating him up because in his mind he had done nothing wrong. It is his testimony that when he explained all this to the judge, he said he understood and it was Hahn's attorney who advised him to enter that plea. Though he was sentenced in July to six (6) months probation, he did so well, he was released from probation the day before Thanksgiving--somewhat early. If he is granted his Class C License it is his intention to form a partnership to perform star escort service and do missing children work.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED THAT Respondent deny Petitioner's application for a Class C Private Investigator's License. RECOMMENDED This 28th day of August, 1984, in Tallahassee, Leon County, Florida. ARNOLD H. POLLOCK 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 28th day of August, 1984. COPIES FURNISHED: The Honorable George Firestone Secretary of State Department of State The Capitol Tallahassee, Florida 32301 James V. Antista, Esquire Office of the General Counsel Department of State The Capitol Tallahassee, Florida 32301 Pam Pingree, Chief Bureau of Regulation and Enforcement Division of Licensing Department of State The Capitol Tallahassee, Florida 32301 Norman D. Zimmerman, Esquire 737 East Atlantic Boulevard Pompano Beach, Florida 33060
The Issue The issue for consideration was whether the Respondent, Frank R. Kuiken, Jr., should be disciplined because of the misconduct alleged in the Administrative Complaint filed herein.
Findings Of Fact At approximately 3:00 PM on August 30, 1989, Manatee County Sheriff's Deputy Michael Kenyon saw Respondent's wife, Michelle, driving their automobile in the city of Bradenton with a blue flasher posted on the dash board inside the windshield. Because the unauthorized use of such a light is prohibited by law, Deputy Kenyon stopped Ms. Kuiken and when he approached the car, noticed she had moved the light from the dashboard to the floor. When he asked her why she had such a light in the car, she replied that her husband, a private investigator, used it in the course of his business in emergency situations. Deputy Kenyon requested Respondent be contacted and come to the scene. When he arrived, Kuiken advised Kenyon that he was a private investigator and used the light only in cases of extreme emergency in the performance of those duties. He further related he had not yet had the opportunity to use it. Mr. Kuiken also indicated that in addition to being a private investigator, he was a process server appointed by two local judges, and a court officer. Deputy Kenyon attempted to verify Respondent's claim to being a court officer but was unable to do so. Upon request, Respondent refused to show a private investigator's license, but indicated he had a permit to carry a concealed weapon. Several days later, Mr. Eugene Blitch, an investigator with the Department of State's Division of Licensing, was contacted by the Bradenton Police Department regarding Mr. Kuiken's claim to being a private investigator, and requested to confirm the licensing status. Blitch's inquiry and search of official state records revealed that Kuiken was the holder of a concealed weapon permit but did not hold, does not now hold, and never has held a license as either a private investigator or a private investigative agency. There was no evidence presented with reference to the occupational license. Respondent's business card, which he gave to the Deputy Sheriff indicates he holds himself out, without qualification, as an "investigator" offering surety recovery, missing persons searches, and service of process services. He claims this card was not given out to the general public but only to attorneys and finance companies for whom he worked on a contract basis. On September 7, 1989, Mr. Blitch, in the company of a Manatee County detective, went to the Respondent's home in Bradenton where upon inquiry from Blitch, Respondent admitted he did not hold a license to do private investigative work. He also indicated he carried no liability insurance but claimed, however, that he did not work for the public and did not advertise or hold himself out to the general public as a private investigator. He indicated he worked for attorneys, as a process server, and as an employee of ITT Financial Services. Inquiry of the manager of this concern revealed Respondent was not an employee of the company but did security and investigative work for it on a contract basis from time to time. During his interview with Blitch, Respondent denied having admitted to the deputy that he was a private investigator, but the other evidence contradicts this and is found to be more credible. The evidence of record clearly indicates that Respondent held himself out as an investigator, and the hearsay statement of the ITT manager confirms this. Respondent asserted to Mr. Blitch that since he did no work for the general public and limited his activity solely to process serving, work for attorneys, and for ITT, he was not required to be licensed. When advised that his understanding was incorrect, he quickly agreed to do whatever was necessary to "get legal".
Recommendation Based on the foregoing Findings of Fact and conclusions of Law, it is, therefore: RECOMMENDED that the Respondent, Frank Robert Kuiken, Jr., be assessed an administrative fine of $250.00. RECOMMENDED this 11th day of April, 1990, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 11th day of April, 1990. COPIES FURNISHED: Henri C. Cawthon, Esquire Department of State Division of Licensing The Capitol, Mail Station #4 Tallahassee, Florida 32399-0250 Frank Robert Kuiken, Jr. 5655 Tousley Drive Eau Claire, Michigan 49111 Hon. Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse General Counsel Department of State The Capitol, LL-10 Tallahassee, Florida 32399-0250
