The Issue Whether the Respondent committed the violation alleged in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact The Petitioner is the state agency charged with the responsibility of regulating persons engaged in the business of private investigation. At all times material to the allegations of this case, Respondent was licensed as a class "CC" private investigator intern, license number CC97-00449. Respondent also holds a class "G" statewide firearms license, license number G97-01406. During some period prior to September 3, 1997, Respondent was employed by J.R. Investigative Agency. Mr. Onativia owns and operates J.R. Investigative Agency. In August 1997, Mr. Onativia filed a complaint with the Department that Respondent was conducting private investigations without a license. Ms. Robinson, an investigator for the Division of Licensing, was assigned to review the complaint. Ms. Robinson contacted Respondent and advised him that the agency had received a complaint that he was conducting investigations on his own without an agency license. Respondent admitted he was doing investigations but claimed Mr. Onativia knew of his activities. He further admitted to Ms. Robinson that he was doing investigations on his own for attorneys in order to support his family. Respondent had also admitted to the investigation activities to John Esposito. After Ms. Robinson confirmed the information with Mr. Esposito as to the admissions made by Respondent, investigation of the complaint stopped.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of State, Division of Licensing, enter a Final Order revoking Respondent's class "CC" license. DONE AND ENTERED this 1st day of April, 1999, in Tallahassee, Leon County, Florida. J. D. PARRISH 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) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 1st day of April, 1999. COPIES FURNISHED: Honorable Katherine Harris, Secretary of State Department of State The Capitol, Plaza 02 Tallahassee, Florida 32399-0250 Deborah K. Kearney, General Counsel Department of State The Capitol, Lower Level 10 Tallahassee, Florida 32399-0250 Steve Bensko, Esquire Department of State Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 David C. Rash, Esquire Law Offices of Johnson and Rash 1509 Northeast Fourth Avenue Fort Lauderdale, Florida 33304
The Issue Whether the Respondent's real estate license #0067819 should be suspended, or whether he should be otherwise disciplined.
Findings Of Fact The Respondent, Jeffry G. Pearl, is a registered real estate salesman and was so registered at all times pertinent to this hearing. An Administrative Complaint was issued against him on June 27, 1979. An answer was filed on July 30, 1979, together with a Motion to Quash and a request for an administrative hearing. The Petitioner Commission forwarded the request to the Division of Administrative Hearings on August 7, 1979. The Motion to Quash was denied September 13, 1979, after review of the Memorandum of Law submitted. Prior to the beginning of the formal hearing, the Respondent re-argued the Motion to Quash, challenging inter alia the constitutionality of the statute under which the complaint was issued. The Motion was again denied. Count II of the previously filed Administrative Complaint was dropped upon an oral motion to amend by the petitioner Commission. On September 15, 1978, Respondent Pearl was arrested and charged with possession of controlled drugs, driving under the influence, and possession with intent to distribute, contrary to Sections 893.13 and 316.193, Florida Statutes. Respondent pleaded guilty on February 9, 1979, to possession of controlled substances [three (3) counts] and was convicted of the offenses on that date. The imposition of sentence was stayed and withheld, and he was placed on probation and released into the custody of the Department of Offender Rehabilitation for a term of five (5) years. The condition of probation was that he pay a fine of $5,000.00. The Respondent is now and has been on probation since February 9, 1979, and is subject to terms and conditions "to be set forth by further order of the court." Respondent Pearl admitted that on September 15, 1978, he was driving in Miami, Florida, and was arrested while under the influence of drugs. A large amount of cash and drugs was found in his automobile. The Respondent admitted that he had been addicted to drugs of all types, including marijuana and cocaine. After his arrest Respondent was imprisoned, but before his case came to trial he entered a hospital in Miami, Florida, and thereafter went to the Palm Beach Institute, a treatment center aligned with Alcoholics Anonymous and Narcotics Anonymous. He was discharged from the Palm Beach Institute in January of 1979, and has continued treatment on an outpatient basis. The Respondent stated that he has been drug-free since January of 1979, and that he started back to work with Miami Beach Realty on a full-time basis in April of 1979. Respondent Pearl presented as a witness Dr. Jose Almedia, a physician specializing in psychiatry. Dr. Almedia stated that the Respondent had not taken drugs of any kind to his knowledge from October of 1978, to September of 1979. He said that the Respondent is at present mentally clear, pleased with himself and his family, and that he is a completely different person from the time he first saw him in 1978. Dr. Almedia said that he believes the Respondent has turned his life around, and that since he has a job and goals the Respondent now has something for which to look forward. A second witness for Respondent Pearl was Melvin Black, an attorney specializing in criminal law. Mr. Black stated that the Respondent had originally been incarcerated for about a week, and that after he, as Respondent's attorney, had obtained a bond for the Respondent he became concerned not only with the criminal charges against the Respondent but also with his well-being. Black advised the presiding judge that Respondent Pearl was undergoing treatment, that he had voluntarily admitted himself for treatment, and the circuit judge had postponed the proceedings pending the completion of the treatment. Thereafter, about five (5) months later, a plea of guilty to the three (3) counts of possession of drugs was entered. Charges as to driving under the influence and possession with intent to distribute were not pressed. The probationary sentence and fine were the results of Respondent Pearl's conviction on the charges to which he had pleaded guilty. Certified copies of said conviction were entered into evidence. Respondent submitted a memorandum of law on December 7, 1979. The memorandum has been considered in the writing of this order. No memorandum was submitted by the Petitioner Board.
Recommendation Inasmuch as the Respondent, Jeffry G. Pearl, has embarked on a strenuous period of rehabilitation and appears to be successful at this point in time, it is recommended that his license be suspended for a period of sixty (60) days from the date of this order, and that after the expiration of said suspension an investigation be made by the Petitioner Commission to determine whether such suspension should be extended. DONE and ORDERED this 19th day of December, 1979, in Tallahassee, Leon County, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 19th day of December, 1979. COPIES FURNISHED: Mark A. Grimes, Esquire Board of Real Estate 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 Scott T. Eber, Esquire 151 South East 14th Terrace Miami, Florida 33131
Findings Of Fact Since 1972, petitioner Dennis F. Darnell has been in the tow truck business. He owns and operates one such truck. In addition to towing disabled cars to garages, petitioner has had five years' experience in locating and repossessing all types of vehicles. Typically, a financial institution would engage him to retrieve an automobile from a borrower in default, after telephoning the borrower that a tow truck was coming. In such cases, the lender furnished petitioner a "route sheet" with the name and address of the borrower and a description of the car. At one time or another, petitioner has worked in this way for every bank in Marion County. Petitioner has also been hired by private investigators to tow away vehicles the investigators had already tracked down. Occasionally, petitioner himself has used information obtained from utility companies, the courthouse and the post office to locate vehicles for repossession. In the winter of 1979, Mr. Reister, an employee of the respondent, told petitioner that petitioner needed a license in order to continue to do the work he had been doing for the banks. This was the first petitioner had heard of any such requirement. He agreed to stop working for the banks until he obtained a license and asked Mr. Reister to send him application forms. One week after he received the forms, petitioner submitted the completed forms to respondent. From the time he spoke to Mr. Reister until the time of the hearing, petitioner did not tow any repossessed cars for banks. On receiving respondent's letter of disapproval, petitioner retained counsel who requested a formal administrative hearing. Respondent referred petitioner's counsel's request for an administrative hearing to the Division of Administrative Hearings.
Recommendation Upon consideration of the foregoing, it is RECOMMENDED: That respondent grant petitioner's application for private investigative agency license, DONE and ENTERED this 4th day of February, 1980, in Tallahassee, Florida. ROBERT T. BENTON, II Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of February, 1980. COPIES FURNISHED: Daniel L. Hightower, Esquire 116 South East Fort King Street Ocala, Florida 32670 William J. Gladwin, Jr., Esquire Department of State Room 1801, The Capitol Tallahassee, Florida 32301
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the Division of Licensing issue Patricia T. Uyaan a Class "C" Private Detective License. DONE and ORDERED this 24th day of August, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 24th day of August, 1979. COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mrs. Patricia T. Uyaan 316 Linden Lane Orange Park, Florida 32073 =================================================================
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing the following facts were found: At all times material to this proceeding, Respondent held a Class "A", private investigative agency license Number GA 0002275 and a Class "C", private investigator license number GC 0001218. Respondent has been actively engaged as a private investigator in the Daytona Beach/Volusia County area of the State of Florida for over 25 years. A substantial portion of Respondent's activities as a investigator, are performed for attorneys representing both Plaintiffs and Defendants who employ the Respondent to investigate accidents, locate and question witnesses, photograph vehicles and sites, serve subpoenas for trial and deposition, and on occasion to perform surveillance. Records of the Circuit Court for Volusia County, Florida, reflect that Respondent was arrested on September 9, 1982 by the Ormond Beach, Florida, Police Department and charged with Attempted Murder. The State Attorney For The Seventh Judicial Circuit, by Information dated September 22, 1982, charged the Respondent with Attempted First Degree Murder and Aggravated Battery. By Order of August 10, 1982, the Circuit Court of Volusia County, Florida, accepted the Respondent's plea of nolo contendere to the charge of Aggravated Battery, a Second Degree Felony. The Court withheld adjudication of guilt and placed the Respondent on probation for a period of 5 years. Respondent has no previous criminal record, although once arrested in 1974 on a complaint that was Nolle Prosequi by the State of Florida as a case of mistaken identity. Respondent's testimony that he was aware of only 1 complaint to the Department against him as a private investigator and that that complaint was disposed of as "unfound" went unrebutted. The circumstances that led up to Respondent's arrest on September 9, 1982 were domestic in nature: The Respondent objected to a relationship that had developed between his 12-year-old daughter, Vicky, an eighth grade student, and Thomas Parker (Parker) a 17-year-old boy about a year before the shooting incident on September 9, 1982. The Respondent came to disapprove of Parker because of Respondent's view that Parker was too old for his daughter, did not go to work or school, had no parental supervision or discipline, and was of dubious character and reputation. Respondent's efforts to terminate the relationship were frustrated. Respondent became convinced that Parker had introduced his daughter to sex, alcohol and the use of marijuana and other drugs. Respondent forbade his daughter from seeing Parker but the relationship continued and caused friction and tension within the family. Within a year, Vicky went from an "A" student to a "drop-out". Respondent sought advice and assistance from friends and public officials in regard to terminating this relationship but to no avail. Vicky was sent to live with Respondent's son in another part of the state but was brought back home when Parker began to pose a threat to the tranquility of the son's home. During the evening of September 8, 1982, Respondent and his wife, Louise Kinney, discovered that Vicky was missing from her bedroom. Respondent proceeded to search for Vicky but to no avail. Respondent reported this to the Ormond Beach Police Department because he thought Vicky had run away and was in the accompany of Parker. Sometime between 3:00 a.m. and 3:30 a.m on September 9, 1982, Respondent heard someone at Vicky's bedroom window and went outside to "check it out" with a .357 magnum pistol, a metal baseball bat and a flashlight. Respondent found Parker and a friend helping Vicky into her bedroom window. When Parker and his friend saw Respondent they ran and Respondent gave chase. While chasing Parker, Respondent tripped over a vent pipe to a storage tank and the pistol discharged hitting Parker in the lower back. Respondent's testimony that he did not intend to shoot Parker and that the shooting was accidental went unrebutted. These comments are consistent with Respondent's explanation to the police officers called to the scene of the shooting and consistent with his comments to Dr. Barnard, a psychiatrist. Respondent's testimony that it was his intent to only hold Parker at the scene for the police so that Respondent could charge Parker with trespassing and possibly relieve a bad situation at home went unrebutted. Neither Parker nor his friend were armed. While Dr. Barnard's report indicates that Respondent was legally sane and competent at the time of the shooting, the testimony of Dr. Maximo Hancock, a psychiatrist and Dr. Barnard's initial and supplemental reports indicate that Respondent was under a tremendous emotional strain that could have resulted in Respondent reacting without knowing what he was doing at the time. Parker has brought a civil suit against Respondent for damages predicated in the part upon allegations that Respondent's action constituted negligence in a deliberate assault or battery. Respondent homeowner's insurance carrier which insured Respondent for negligence but not for deliberate and willful acts, has "accepted the risk" and is furnishing Respondent with legal defense in this civil litigation. Of the 10 witnesses to testify for Respondent, 8 of them were attorneys that had known Respondent for a period of time and had employed Respondent before and after the shooting incident to perform those services listed in paragraph 2 above. The general consensus of these witnesses was that the Respondent enjoyed an excellent reputation as an investigator for skill and competency, trustworthiness and high ethical standards, and for pursuit of his investigative duties without breach of the peace. None of these witnesses expressed any reservation or hesitancy about continuing to use Respondent's services because of any propensity toward violence. These witnesses viewed the shooting incident of which all were aware, as an isolated personal matter unrelated to and outside the scope of his activities as an investigator.
Recommendation Based upon the findings of facts and conclusions of law recited herein, it is RECOMMENDED that the Department of State issue a final order finding the Respondent not guilty of the violations as charged in the Administrative Complaint and that the Administrative Complaint be DISMISSED. Respectfully submitted and entered this 22nd day of July, 1985, in Tallahassee, Leon County, Florida. COPIES FURNISHED: H. James V. Antista, Esquire Department of State LL 10, The Capitol Tallahassee, Florida 32301 Henry P. Duffett 120 E. Granada Boulevard Post Office Box 2633 Ormond Beach, Florida 32075 Honorable George Firestone Secretary of State The Capitol Tallahassee, Florida 32301 WILLIAM R. CAVE Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 FILED with the Clerk of the Division of Administrative Hearings this 22nd day of July, 1985. =================================================================
The Issue As to each case, whether the Respondents committed the offenses alleged in the respective administrative complaints and the penalties, if any, that should be imposed.
Findings Of Fact At all times pertinent to this proceeding, Respondent, Robert C. Seitz, held a valid Class "C" Private Investigator License, Number C88-00643 and Respondent, Investigative Services International, Incorporated (ISI), held a valid Class "A" Investigative License. Mr. Seitz is the president of ISI. All acts described in this Recommended Order committed by Mr. Seitz were in his capacity as an employee and officer of ISI. CASE NO. 95-3553 On December 30, 1994, Mr. Seitz executed a contract on behalf of ISI by which he agreed that his agency would perform investigative services for Jacqueline Alfaro. The nature of the investigation was the surveillance, videotaping, and documentation of the activities of Ms. Alfaro's sister-in-law. Ms. Alfaro suspected that her sister-in-law was engaged in an extramarital affair and wanted proof of her suspicions to give to her brother, who was incarcerated on federal drug charges. Ms. Alfaro gave to Mr. Seitz a retainer of $1,000 in cash, as requested by Mr. Seitz. The contract for services executed by Ms. Alfaro authorized ISI to bill for the expenses of computer research. Petitioner asserts that Ms. Alfaro provided Mr. Seitz with all pertinent information that was required for the investigation and that additional computer research was not necessary. Mr. Seitz testified, credibly, that some computer research was appropriate to assist him in preparing for his surveillance of Ms. Alfaro's sister-in-law by identifying suspects and possible locations of meetings. Consequently, it is concluded that some of the computer research done by Mr. Seitz was appropriate. In addition to the computer research that was in furtherance of the investigation, Mr. Seitz conducted computer research on his own client. The computer research on Jacqueline Alfaro was inappropriate and was not in furtherance of the investigation of the sister-in-law. The records of ISI for the Alfaro investigation consists of a bookkeeping entry that merely reflects that expenses in the lump-sum amount of $100.00 were incurred for computer research. This record is insufficient to substantiate what was being billed. 1/ Mr. Seitz testified that his company's records of the expenses for the computer research excluded the time he spent researching his own client. This testimony is accepted and, consequently, it is concluded that Petitioner failed to establish by clear and convincing evidence that the bill to Ms. Alfaro 2/ included expenses for inappropriate computer research. The contract authorizes charges for mileage incurred outside of Dade County at the rate of 45 per mile. Ms. Alfaro was told by Mr. Seitz that she would not be charged mileage because the investigation would be exclusively within Dade County. The bill submitted to Ms. Alfaro included a charge for mileage of $33.75 incurred on January 5, 1995. This mileage was purportedly incurred for 75 miles driven by Mr. Seitz in Broward County. There was also a billing of $32.50 for one-half hour driving time on the same date. Respondent's testified that he was spending time on a weekend with his family in Broward County when he was summoned by Ms. Alfaro back to Dade County. He further testified that he billed for only the mileage he incurred while in Broward County traveling to Dade County. This explanation is rejected as lacking credibility for two reasons. First, January 5, 1995, fell on a Thursday, not on a weekend. Second, it is doubtful that Mr. Seitz would have traveled 75 miles going from Broward County to Dade County. It is concluded that Ms. Alfaro was inappropriately billed for the 75 miles that Mr. Seitz allegedly drove in Broward County on January 5, 1995. Petitioner did not establish that the billing of $32.50 for driving time on January 5, 1995, was inappropriate since that was for time spent driving within Dade County, Florida. Ms. Alfaro frequently spoke with Mr. Seitz about the investigation, requesting details. She came to believe that Mr. Seitz was not performing his investigation and sent her nephew to check on him. On different occasions, the nephew went to the locations where Mr. Seitz had told Ms. Alfaro he would be conducting a surveillance of the sister-in-law. The nephew reported to Ms. Alfaro that Mr. Seitz was not at those locations. On or about January 9, 1995, Ms. Alfaro instructed Mr. Seitz to terminate the investigation because her nephew caught his stepmother with another man. There was a dispute as to whether Ms. Alfaro requested a written report of the investigation and copies of video tapes taken during the investigation. Ms. Alfaro testified that she wanted a written report and copies of videotapes because she did not believe that Mr. Seitz had conducted an investigation. Mr. Seitz testified that she did not ask for a written report because she did not want her brother to know that she had been investigating his wife. This conflict is resolved by finding that Ms. Alfaro did ask for a written report of the investigation and that she wanted copies of any video tapes. This finding is reached, in part, because Ms. Alfaro clearly did not believe that Mr. Seitz had performed an investigation as he had verbally reported to her. A request for a written report would be consistent with that belief. The finding is also based on an evaluation of the credibility of the witnesses offering the conflicting testimony. On or about January 12, 1995, Mr. Seitz left Ms. Alfaro a handwritten note and $170.00 cash under the door of her business. The note reflected that the total of time and mileage for the investigation was $830.00. The $170.00 purported to represent the difference between the amounts incurred by Ms. Alfaro pursuant to the contract and the amount of the retainer. Ms. Alfaro requested an itemized statement to substantiate this billing. She never received a written report, any videotape, or an itemized billing. Mr. Seitz and ISI failed to maintain investigative notes of the surveillance activities on behalf of Ms. Alfaro. Mr. Seitz produced to Petitioner's investigator what purports to be a computer record of the charges incurred by Ms. Alfaro. The hourly rate specified by the contract was $65.00. The charges reflected by the computer record are as follows: A. 1-4-95 Computer Research $100.00 B. 1-5-95 Surveillance 130.00 C. 1-5-95 Travel Time 32.50 D. 1-5-95 Mileage (75 @ 45 ) 33.75 E. 1-6-95 Surveillance 325.00 F. 1-6-95 Travel Time 65.00 G. 1-7-95 Standby Time 65.00 $751.25 The computer records also reflected that the agency agreed to absorb taxes in the amount of $48.83. Mr. Seitz rounded these figures and determined that Ms. Alfaro was entitled to a refund of $250.00. Mr. Seitz testified that he actually returned to Ms. Alfaro the sum of $250.00 in the note he left for her on January 12, 1995. He testified that his note reflecting that the sum of $170.00 was being returned to her was an error on his part. Ms. Alfaro's testimony was that she was returned only $170.00. Since Ms. Alfaro's testimony is consistent with Mr. Seitz's handwritten note, the conflicting evidence is resolved by finding that Mr. Seitz returned to Ms. Alfaro the sum of $170.00. His testimony that he simply made a mistake as to the amounts due to be refunded is found to be credible and is, consequently, accepted. CASE 95-4775 At the times pertinent to this proceeding, Robin Bloodworth held a Class "CC" Private Investigator Intern license issued by Petitioner. Prior to January 17, 1995, Ms. Bloodworth was told by a friend of hers that he knew someone who might be interested in employing her. This friend asked her to fax to him a copy of her resume. On January 17, 1995, Ms. Bloodworth was contacted by telephone twice by Mr. Seitz. She faxed to him her resume in response to the request he made during the first conversation. He thereafter called a second time, at approximately 10:15 p.m. and asked whether she could be available for a surveillance the following Sunday (January 22, 1995). In response, Ms. Bloodworth told him that she could be available for that assignment on Sunday. On January 18, 1995, Ms. Bloodworth received another telephone call from Mr. Seitz. He asked if she could be on a surveillance by 11:00 a.m. that day in Hollywood, Florida. Ms. Bloodworth accepted that assignment after Mr. Seitz told her what he wanted her to do, thereby beginning her employment with ISI. Ms. Bloodworth did not meet Mr. Seitz in person until 6:30 p.m. on January 18, 1995. During that first meeting, Ms. Bloodworth gave to Mr. Seitz a copy of her Class "CC" Private Investigator Intern license and was told by him that he was going to fill out her sponsor forms and send them to the Petitioner. Mr. Seitz knew that Ms. Bloodworth was a novice investigator with little field experience, other than process serving. Ms. Bloodworth never actually saw any documentation from Mr. Seitz or ISI regarding forms pertaining to her employment that were required to be submitted to the Petitioner. She never received a copy of a letter notifying Petitioner that either Mr. Seitz or ISI intended to sponsor her. Prior to being employed by ISI, Ms. Bloodworth had held her Class "CC" Private Investigator Intern license for approximately six months and had conducted only two or three surveillances. Ms. Bloodworth received no formal training from ISI. During the course of her employment with ISI, which lasted approximately three months, she conducted approximately 35 investigations. Ms. Bloodworth was not directly supervised by Mr. Seitz or by anyone else while she was in the field conducting her investigations. Prior to undertaking an assignment, Mr. Seitz would explain to her the assignment and generally instruct her as to what she would need to do. He frequently told her to use her "judgment" as she was a "big girl". He told her that he did not have time to "baby-sit" her. Ms. Bloodworth had a cellular telephone at her disposal and she knew Mr. Seitz' pertinent telephone numbers at all times. She was instructed to only call him in the event of an emergency. The only time Mr. Seitz visited Ms. Bloodworth in the field was on one assignment for approximately an hour. That visit was prompted by her needing batteries for a camcorder. During the latter part of her employment with ISI, Ms. Bloodworth was told to contact Michael Graff, the lead investigator for ISI, and not Mr. Seitz. During her employment with ISI, Ms. Bloodworth was assigned to conduct an investigation in Haiti. Prior to being sent to Haiti, Ms. Bloodworth was briefed as to the assignment, which included instructions as to where to go, who to meet, and what to do. Ms. Bloodworth was able to contact ISI personnel by telephone. Petitioner does not regulate investigations outside of the United States. Ms. Bloodworth's official Class "CC" Private Investigator Intern application file as maintained by the Department of State, Division of Licensing, does not contain a notification that ISI or Mr. Seitz intended to sponsor her. This file does not contain any documentation relating to Ms. Bloodworth's hiring by ISI, her termination, or an intern biannual report. Mr. Seitz testified that he submitted to Petitioner a form notifying it that ISI intended to sponsor Ms. Bloodworth. He displayed to Petitioner's investigator a form that he represented was a file copy of the notification form. That form was dated January 13, 1995, which was four days before he first talked to Ms. Bloodworth and five days before he met her in person and received a copy of her license. He was unable to produce any other documentation as to this notification. Mr. Seitz's testimony as to this issue is rejected as lacking credibility. Mr. Seitz admits that ISI did not submit any documentation relating to the termination of Ms. Bloodworth's employment and it did not submit an intern biannual report that would have been due as a result of her employment having been terminated. Mr. Seitz testified that he did not file these reports when Ms. Bloodworth's employment was terminated because she threatened him and he was awaiting the results of a police investigation before filing the reports. 3/
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner enter a final order containing the findings of fact and conclusions of law contained herein. It is further recommended that Respondents, Investigative Services International, Inc., and Robert C. Seitz, be fined in the total amount of $1,600.00. DONE AND ENTERED this 22nd day of August, 1996, 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 22nd day of August, 1996.
Findings Of Fact Based upon the evidence adduced at hearing, and the record as a whole, the following Findings of Fact are made: The Department is a state government licensing and regulatory agency. Respondent Agency is a Florida-licensed (Class "A" license number A88- 00297 private investigative agency. Respondent Foreman is the owner of the Agency. He is a Florida-licensed (Class "C" license number C00-02486) private investigator. He has been licensed for approximately the past 20 years. At no time during the period of his licensure has the Department taken any disciplinary action against him. At around 10:00 a.m. on the morning of September 30, 1994, Foreman interrupted his work schedule to drive a male tenant living in an apartment that he owned (hereinafter referred to as the "Tenant") to the Henderson Mental Health Clinic, an outpatient mental health facility located in Broward County, Florida. The Tenant needed to receive treatment at the clinic. After parking his vehicle, Foreman escorted the Tenant to the reception area of the facility. Foreman was wearing a gun belt and a holster. A loaded firearm was encased in the holster. It was a warm day and Foreman did not have on a jacket. 2/ Consequently, the holstered firearm was in plain view. At the time, Foreman had a Department-issued Class "W" Concealed Weapon or Firearm License, but he did not have a Class "G" Statewide Firearm Permit. 3/ Detective Joel Maney of the Fort Lauderdale Police Department was working a uniformed off-duty security detail at Henderson Mental Health Clinic that morning. From his position behind the reception counter, Detective Maney observed Foreman enter the reception area with the Tenant and noticed that Foreman was carrying a firearm. Not wanting to cause a disturbance inside the facility, Detective Maney did not immediately confront Foreman. He did, however, monitor Foreman's activity. After informing the receptionist that the Tenant had arrived and was waiting to be seen, Foreman left the facility. Detective Maney followed Foreman outside. As Foreman was walking on the sidewalk toward his vehicle, Detective Maney approached him and asked for identification. Foreman responded to the request by stating that he was a detective/investigator and that he did not have time to talk inasmuch as he was in the middle of an investigation. Eventually, Foreman produced his Florida driver license, his Class "C" Private Investigator License, and his Class "W" Concealed Weapon or Firearm License for Detective Maney. He also showed Detective Maney a five-pointed, star-shaped badge. In the center of the badge was a replica of the Great Seal of the State of Florida. The words, "Special Investigator Foreman Investigative," were inscribed around the seal. When Detective Maney first saw the badge, he thought it was a Broward County deputy sheriff's badge because of its shape and because it bore the Great Seal of the State of Florida. Unlike a Broward County deputy sheriff's badge, however, Foreman's badge did not have a map of Florida superimposed on the seal. Moreover, the written inscription on the badge was different than that found on a Broward County deputy sheriff's badge. Throughout the period that he has been licensed, Foreman has used this badge as a means of identifying himself in connection with the performance of his duties as a private investigator.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order (1) finding the evidence sufficient to establish that Respondent Foreman committed the violations alleged in Counts II and II of the Amended Administrative Complaint, disciplining Respondent Foreman him for having committed these violations by imposing an administrative fine in the amount of $500.00, and (3) dismissing the remaining counts of the Amended Administrative Complaint. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 12th day of October, 1995. STUART M. LERNER 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 12th day of October, 1995.
Findings Of Fact Respondent holds a Class "A" Private Investigative Agency license Number A88-00071, in the name of Orlando Detective Bureau, effective March 21, 1988. Respondent holds a Class "A" Private Investigative Agency license Number A86-00182, in the name of Tampa Bay Detective Bureau, effective August 1, 1988. Respondent holds a Class "AA" Private Investigative Branch Agency license Number AA88-00026, in the name of Highlander Detective Agency, effective August 18, 1988. Respondent holds a Class "C" Private Investigator license Number COO- 01501, effective October 20, 1987. Respondent holds a Class "E" Repossessor license Number EOQ-00103, effective August 1, 1988. Respondent holds a Class "MA" Private Investigative Agency Manager license Number MA86-00215, effective August 1, 1988. In May 1989, during an investigation of Respondent for suspected violations of Chapter 493, Florida Statutes, Respondent failed to submit information concerning his business practices or methods regarding the repossession of a 1986 Amberjack Sea Ray boat, after proper demand by the Petitioner. In May 1989, during an investigation of Respondent for suspected violations of Chapter 493, Florida Statutes, Respondent failed to submit information concerning his business practices or methods regarding the repossession and sale of a 1982 Chrysler New Yorker automobile, after proper demand by the Petitioner. On February 15, 1988, Respondent, his agents or employees, repossessed a 1982 Chrysler Newyorker automobile in Indian Rocks Beach, Florida, on behalf of Chrysler Credit Corporation. Subsequently, Chrysler Credit Corporation authorized Respondent to sell the automobile and turn the proceeds over to them. Respondent failed to account to Chrysler Credit Corporation as to the disposition of the vehicle or the proceeds of the sale thereof.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty on Counts I and II of the Administrative Complaint, and that all licenses of the Respondent be suspended for a period of one year and that he pay an administrative fine of $250 for each count; that Respondent be found guilty of misconduct on Count III, and that all licenses of the Respondent be suspended for a period of five years and that he pay an administrative fine of $1,000. DONE AND ENTERED this 29th day of December, 1989, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE 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 29th day of December, 1989. COPIES FURNISHED: Henri C. Cawthon, Esquire Assistant General Counsel Department of State The Capital, Mail Station #4 Tallahassee, FL 32399-0250 Harold W. Charlton, c/o Tampa Bay Detective Agency 8430 40th Street North Tampa, FL 33604 Honorable Jim Smith Secretary of State The Capitol Tallahassee, FL 32399-0250 Ken Rouse General Counsel Department of State The Capitol, LL-10 Tallahassee, FL 32399-0250
The Issue Whether the Respondent committed the offenses set forth in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact At all times pertinent to this proceeding, Respondent held a Class "C" Private Investigator License, number C93-00868, and a Class "E" Recovery Agent License, number E93-00065. Respondent conducted a repossession of a Jaguar automobile at 565 Northwest 120 Street, Miami, Florida, on January 23, 1995. There was one other man with Respondent when he went to the subject premises to repossess the vehicle. This other man was not called as a witness in this proceeding. Wedlyne Horenstein is a twenty year old female and the stepdaughter of the owner of the Jaguar that was being repossessed. She is a resident of the household located at 565 Northwest 120 Street, Miami, Florida, and was present at that address when the repossession occurred. Ms. Horenstein testified that she was inside the house watching television when she saw two men in the driveway of the property. She testified that she went to the driveway and asked the two men what they were doing. She also testified that she asked one of the two men to provide proof that they were authorized to repossess the automobile. She testified that this man showed her a badge that was in a wallet and said, "Don't worry, I'm with Miami Police." When Ms. Horenstein saw the Respondent at the formal hearing, she could not identify him as being present when the car was repossessed. On July 27, 1995, some seven months after the repossession, Ms. Horenstein was shown two photographs. One of the two photographs, taken from the file Petitioner maintained on the Respondent, was of the Respondent. There was no description of the second photograph. Ms. Horenstein identified the photograph of the Respondent as being the person with whom she talked when the car was repossessed and as being the man who allegedly showed her a badge and represented himself to be with the Miami Police Department. 1/ Respondent admitted that he repossessed the automobile on January 23, 1995, and that he talked to Ms. Horenstein. Respondent denied that he showed Ms. Horenstein a badge or that he said he was with the Miami Police. 2/ According to Respondent, he told Ms. Horenstein that he was there to repossess the automobile for a bank and gave her a copy of the repossession order when asked for proof that they were authorized to repossess the automobile. Ms. Horenstein admitted that she was given a copy of the repossession order. Based on their demeanor and their entire testimony, it is found that Ms. Horenstein's testimony that Respondent showed her a badge and told her he was with the Miami Police Department is entitled to no more credibility than Respondent's denial of those acts.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner adopt the findings of fact and conclusions of law contained herein and DISMISSES the administrative complaint brought against Respondent. DONE AND ENTERED this 11th day of September, 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 11th day of September, 1995.
The Issue The issue in this case is whether Respondent is guilty of fraud or deceit in the practice of activities regulated under Chapter 493 and knowingly violating a statutory prohibition against carrying a concealed firearm in the course of business regulated by Chapter 493.
Findings Of Fact At all material times, Respondent has held a Class "A" Private Investigative Agency License, a Class "C" Private Investigator License, and a Class "PD" Proprietary Security Officer License. By final order entered December 8, 1992, Petitioner suspended Respondent's Class "A" and "C" licenses for one year for unlawfully intercepting oral communications. The final order also imposes an administrative fine of $1000 for this violation. In August, 1991, Respondent was retained by a client to perform an asset check of another person. Respondent did not perform the work to the client's satisfaction, so the client filed a complaint with Petitioner. On September 17, 1991, Petitioner's investigator visited Respondent at his office to conduct an interview. When the investigator asked to see Respondent's file on the case, he went to his filing cabinet, pulled out a drawer, and exclaimed that the file was missing. The investigator asked what happened, and Respondent said that someone must have stolen the file. The investigator advised Respondent that, if so, he should report the theft to the police. Respondent did report the theft to the police. In so doing, he made a false report to the police. The file was not missing or stolen; Respondent was trying to obstruct the investigation into the complaint that the client had made against him. When requested to visit the police station for an interview in November, 1991, Respondent wore his handgun in a shoulder holster under his jacket. The evidence is unclear as to the status of Respondent's Class "C" license at the time of the interview at the police department. There is some evidence that it had expired due to nonrenewal, but Respondent also testified that he had already mailed a check and the paperwork necessary for the renewal. However, Respondent may be presumed to be aware that even a current Class "C" license does not authorize the licensee to carry a concealed firearm into a police station.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department of State, Division of Licensing, enter a final order dismissing Count II, finding Respondent guilty of violating Section 493.6118(1)(f), issuing a reprimand, and imposing an administrative fine of $1000. ENTERED on September 24, 1993, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings on September 24, 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 Attorney Henri C. Cawthon Department of State Division of Licensing The Capitol, Mail Station #4 Tallahassee, Florida 32399-0250 Frank J. Lanzillo 520 - 12 Street West, #203 Bradenton, Florida 32405
