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
The Issue The issue presented is whether Petitioner's application for a Class "C" private investigator license should be granted.
Findings Of Fact Petitioner applied for a Class "C" private investigator license. The Department denied that application by letter dated November 24, 1993, for the reason that Petitioner had not shown that he had the two years of full-time experience or training required for licensure. As evidence of his two years of full-time experience or training, Petitioner had submitted to the Department an affidavit from attorney Mark M. Spatz of the law firm Simons and Spatz and an affidavit from attorney Lawrence S. Ben of the law firm Chikovsky and Ben. Both of those affidavits had been altered. Although Petitioner did perform some services for attorney Spatz' law firm by assisting in the investigation and preparation of some cases for trial from September of 1990 to June of 1992, he did so as an independent contractor and not as an employee. That law firm provided Petitioner with no training or equipment and exercised no control over him. Petitioner was simply given an assignment and told to complete it for a flat rate. Petitioner was not held out by the law firm to be an employee, he was not carried on any of the firm's insurance policies, no taxes were withheld from his pay check when he carried out an assignment, and Petitioner did not receive a weekly paycheck. Petitioner's contacts with that law firm were minimal and numbered less than ten. Petitioner worked as an employee at the law firm of Chikovsky and Ben. He performed both janitorial work and investigative work. The amount of his time spent working as a janitor versus the time spent working as an investigator while employed by that law firm is unknown as is the length of time he was employed there.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered denying Petitioner's application for licensure as a Class "C" private investigator. DONE and ENTERED this 28th day of March, 1994, at Tallahassee, Florida. LINDA M. RIGOT 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 28th day of March, 1994. APPENDIX TO RECOMMENDED ORDER DOAH CASE NO. 94-0086S Petitioner's proposed findings of fact delineated by letters A-I have been rejected as not constituting findings of fact but rather as constituting argument, conclusions of law, or recitation of the testimony. Respondent's proposed findings of fact numbered 1-3 and 5-10 have been adopted either verbatim or in substance in this Recommended Order. Respondent's proposed finding of fact numbered 4 has been rejected as not being supported by the weight of the competent evidence in this cause. COPIES FURNISHED: Fenel Antoine 1019 Northwest 5th Avenue, #2 Fort Lauderdale, Florida 33311 Richard R. Whidden, Jr., Esquire Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Honorable Jim Smith Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250
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 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 The issue for determination is whether Respondent committed violations of provision of Chapter 493, Florida Statutes, sufficient to justify the imposition of disciplinary action against Respondent's Class "A" Private Investigative Agency License; his Class "C" Private Investigator License; his Class "D" Security Officer License; his Class "G" Statewide Firearm License; and his Class "M" Private Investigative/Security Agency Manager License.
Findings Of Fact The Department of State hereby adopts and incorporates herein by reference the Findings of Fact and Conclusions of Law in the Recommended Order. WHEREFORE, based upon the foregoing, it is ORDERED that Respondent's Class "A" Private Investigative Agency License, Number A93-00352, effective October 11, 1993; his Class "C" Private Investigator License, Number C93-00189, effective March 8, 1993; his Class "D" Security Officer License, Number D93- 10584, effective July 15, 1993; his Class "G" Statewide Firearm License, Number G93-01 133; effective May 24,1993, and his Class "M" Private Investigative/Security Agency Manager License, Number M93-00074, effective July 15, 1993, are hereby REVOKED. It is further ORDERED based on a complete review of the record and in accordance with the Hearing Officer's Conclusion of Law Number 27 and the Hearing Officer's finding of aggravating circumstances pursuant to Rule 1 C-3. 113(5), Florida Administrative Code, that as to Count III of the Administrative Complaint, Respondent be and is hereby FINED $700.00 pursuant to Rule 1C-3.113(2)(q), Florida Administrative Code. Payment of the administrative fine shall be by cashier's check or money order payable to the Department of Stated Division of Licensing within thirty (30) days.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered finding Respondent guilty of allegations contained in Counts I, II and III of the Amended Administrative Complaint, and it is FURTHER RECOMMENDED that such final order revoke Respondent's Class "A" Private Investigative Agency License, Number A93-00352, effective October 11, 1993; his Class "C" Private Investigator License, Number C93-00189, effective March 8, 1993; his Class "D" Security Officer License, Number D93-10584, effective July 15, 1993; his Class "G" Statewide Firearm License, Number G93- 01133; and his Class "M" Private Investigative/Security Agency Manager License, Number M93-00074, effective July 15, 1993. DONE and ENTERED this 26th day of April, 1996, in Tallahassee, Leon County, Florida. DON W. DAVIS 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 26th day of April, 1996. APPENDIX The following constitutes my ruling pursuant to Section 120.59, Florida Statutes, on proposed findings of fact submitted by the parties. Petitioner's Proposed Findings 1.-12. Accepted in substance, though not verbatim. 13. Incorporated by reference. 14.-17. Accepted in substance. 18.-19. Incorporated by reference. 20.-23. Rejected, unnecessary to result. 24.-38. Accepted in substance, though not verbatim. 39. Rejected, unnecessary to result. 40.-42. Incorporated by reference. Respondent's Proposed Findings 1. Accepted in substance. 2.-4. Rejected, argument. 5. Rejected, Class C license was effective in March. 6.-10. Rejected, unnecessary to result reached. 11. Incorporated by reference. 12.-15. Unnecessary to result, rejected. Rejected, hearsay. Rejected, not supported by the weight of the evidence. Accepted. Accepted. 20.-26. Rejected, subordinate to HO findings. 27. Rejected, credibility. 28.-29. Accepted. 30.-31. Rejected, credibility, not supported by weight of the evidence. 32.-38. Rejected, relevance. 39. Accepted in substance. 40.-41. Rejected, credibility. 42. Accepted in substance. 43.-46. Rejected, subordinate to HO findings. 47.-48. Accepted in substance. Rejected, subordinate, credibility. Rejected, credibility. 51.-52. Rejected, subordinate. 53.-54. Rejected, relevance, credibility. Rejected, subordinate, credibility. Rejected, subordinate to HO findings. Rejected, subordinate, relevance, credibility. 58.-59. Rejected, credibility, weight of the evidence. 60.-62. Rejected, relevance, subordinate to HO findings. Rejected, credibility. Rejected, weight of the evidence. Incorporated by reference. 66.-68. Rejected, subordinate to HO findings. 70.-77. Rejected, subordinate, argumentative, legal conclusions. COPIES FURNISHED: Douglas D. Sunshine, Esquire Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Theodore E. Mack, Esquire Cobb, Cole and Bell 131 North Gadsden Street Tallahassee, Florida 32301 Sandra B. Mortham Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel Department of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250
The Issue Whether or not Petitioner satisfies the "experience or training" requirement to obtain a Class "C" private investigator's license.
Findings Of Fact On May 22, 1989, Petitioner filed an application for a Class "C" private investigator's license. Included in that application, Petitioner related that he was employed by Austin Private Security Specialists of Austin, Texas as a security officer-undercover investigator during the period from September, 1985 until July, 1987. During his employment with Austin private Security Specialists (Austin), approximately 60% of Petitioner's job duties included investigative work and the remaining 40% was in security related work. Respondent did not credit Petitioner's investigative experience which he claims based on his employment at Austin; however, he was credited with nine months security experience based on his employment at Austin. Respondent' denied Petitioner's claim for investigative experience in Texas based on its determination that Petitioner was not in compliance with Texas regulations while he was employed at Austin. Petitioner also claimed experience for employment with Wackenhut Company of Tampa during the period February 28, 1989 through July 28, 1989. At Wackenhut, Respondent was employed as a private investigator intern. At Wackenhut, Petitioner worked under the sponsorship of Robert Crane, private investigator and successfully completed his work for Wackenhut during Crane's sponsorship. Petitioner was credited with five months investigative experience for his employment at Wackenhut. A review of Petitioner's relevant personnel records from Texas indicates that Petitioner was registered as a commissioned security guard from October 29, 1985 until September 4, 1986. Petitioner was registered as being employed in security sales from September 4, 1986 until September 30, 1987. Petitioner was never registered as an investigator with Austin or any other Texas company. In Texas, to properly perform investigative work, an applicant, as Petitioner, must either hold a private investigator's license or be registered under a qualifying company's license as doing investigative work for the company to be in compliance with state regulations. Section 35 of Texas article 4413(29 dd) and Sections 35 and 36A, Rules and Regulations of the Texas Board of Private Investigators. Petitioner was not otherwise exempt from licensure in Texas as he failed to demonstrate that he was employed exclusively as an undercover agent during the period for which he claims experience based on his Texas employment. Respondent has a written policy of not crediting experience or training without required licensure or registration as it is difficult to verify such experience without licensure and it is practically impossible to determine whether the applicant has complied with applicable law.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Respondent enter a final order denying Petitioner's application for a class "C" private investigator's license. DONE and ENTERED this 2nd day of March, 1990, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 this 2nd day of March, 1990. COPIES FURNISHED: Carrol D. Roberson 1714 Old Village Way Oldsmar, FL 34677 Henry D. Cawthon, Esquire Assistant General Counsel Department of State The Capitol, Mailstation #4 Tallahassee, FL 32399-0250 Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse, Esquire General Counsel Department of State The Capitol, LL-10 Tallahassee, Florida 32399
The Issue The ultimate issue for determination at final hearing was whether Respondents committed the offenses set forth in the administrative complaints, and if so, what disciplinary action should be taken against Respondents' licenses.
Findings Of Fact Frank Wallberg was going through a divorce and wanted a background investigation on his wife's attorney. On June 19, 1992, he went to the office of South Florida Detective Bureau, Inc. (Respondent Bureau) and specifically requested the services of William Polero (Respondent W. Polero) who he had met a few years prior to this. Respondent Bureau's secretary contacted Respondent W. Polero by telephone, and Wallberg explained to him what he wanted. Respondent W. Polero agreed to perform the background investigation on the attorney, requiring Wallberg to first pay a $1,500 retainer which he was to bring to Respondent W. Polero's home, approximately two blocks from Respondent Bureau's office. As agreed, Wallberg met Respondent W. Polero at his home and gave him a check for $1,500 as a retainer, made payable to Respondent Bureau. For the $1,500 Respondent W. Polero indicated that a complete written report on the attorney could be performed. Wallberg provided Respondent W. Polero with the attorney's complete name, address and telephone number. Respondent W. Polero made several telephone calls while Wallberg was at his home, attempting to obtain information on the attorney but all were unsuccessful. Approximately two days later, Wallberg contacted Respondent W. Polero inquiring about the progress of the investigation. Respondent W. Polero indicated that he was waiting for responses from inquiries and to contact him again that following Friday. Wallberg called back as directed. Respondent W. Polero indicated that after searching public records and court records and contacting The Florida Bar and other attorneys, the attorney had nothing irregular in his background. Feeling that he had not gotten his money worth, Wallberg questioned the cost of the investigation. Respondent W. Polero responded that there was nothing else to report, so there was nothing to report in writing and that the cost of the investigation was $1,500. By that time, the $1,500 check had been cashed. Being very disappointed, on or about July 11, 1992, Wallberg contacted another investigative agency, the Wackenhut Corporation, and obtained their services. He provided Wackenhut's investigator, John Rose, with the same information that he had provided Respondent W. Polero, i.e., the attorney's name, address and telephone number. On July 13, 1992, Rose began his investigation. By July 15, 1992, Rose had completed his investigation and prepared an 18 page written report with numerous exhibits attached. His report reflected the numerous sources he utilized, which included researching public records at the Dade County Courthouse, records maintained by the State of Florida, Department of Highway Safety and Motor Vehicles, including vehicle and driver license information, criminal records maintained by Dade County Corrections and Rehabilitation Department and public records of The Florida Bar. Through these sources, Rose was able to obtain a plethora of information on the attorney, including a history of federal and state tax liens having been filed against the attorney's property, criminal arrests and convictions, and disciplinary action against the attorney by The Florida Bar, with the specifics thereon. With his written report, Rose submitted an itemized invoice dated July 15, 1992, for his services, totaling $650.30. The invoice reflected that he had expended 10 hours on the investigation (generally outlining what was done), at a charge of $60 an hour, equalling $600 for the time, and that there were $50.30 in additional costs ($27 document copies, $2 for parking and $21.30 for mileage). By letter dated September 23, 1992, which was mailed and faxed, Wallberg informed Respondents that he had obtained the services of Wackenhut Corporation and requested that they provide Wackenhut with all the information in their file when requested by Wackenhut. By fax transmission on that same date, Jamie Polero (Respondent J. Polero), President of Respondent Bureau and the son of Respondent W. Polero, responded indicating, among other things, that there was no new or different information from what Respondent W. Polero had provided him and that since Wallberg had not contacted them for almost three months, he had assumed that Wallberg did not wish to continue the investigation. This was the first time that Wallberg had had any contact with Respondent J. Polero. By letter dated September 24, 1992, which was mailed and faxed, Wallberg informed Respondent J. Polero of his dissatisfaction with the investigation performed by Respondent Bureau and requested a $1,350 refund of the $1,500 within 24 hours. Wallberg never received any refund. Several communications between Wallberg and Respondent J. Polero failed to resolve the dispute. Finally, Wallberg contacted State of Florida, Department of State, Division of Licensing (Petitioner) and filed a complaint. Respondent Bureau's investigative file for Wallberg consisted of nine pages, most of which were communications back and forth with Wallberg. Approximately eight hours were expended on Wallberg's case. Even though little investigative work was done, Respondent J. Polero admitted that most of it was performed by Respondent W. Polero, and not by himself. The investigative work performed by Respondents failed to meet industry standards in that the minimum investigation was not conducted, public records were not properly researched and false information was provided to Wallberg, their client. At all times material hereto, Respondent W. Polero was unlicensed. At all times material hereto, Respondent J. Polero was a licensed private investigator (Class "C" license) and a licensed recovery agent (repossessor) (Class "E" license). Also, at all times material hereto, Respondent Bureau was a licensed private investigative agency (Class "A" license) and a licensed recovery (repossession) agency (Class "R" license). No prior disciplinary action has been taken against Respondent J. Polero. Both Respondent Bureau and Respondent W. Polero have prior disciplinary history. In 1989, Petitioner filed administrative complaints against both Respondents for, among other things, unlicensed activity which resulted in the parties stipulating to a penalty of an administrative fine totalling $1,800, 2/ which was paid on or about August 30, 1989. 3/ Additionally, in 1989, Petitioner filed an administrative complaint against Respondent Bureau and in 1990 against Respondent W. Polero for unlicensed activity which resulted in the parties stipulating to an administrative fine of $2,000 4/ which was paid by Respondent Bureau on or about May 25, 1990. 5/ As a related issue to the 1990 complaint, on April 27, 1990, Petitioner issued a Notice to Cease and Desist to Respondent W. Polero's unlicensed activity-- performing private investigative work without a license and managing a private investigative agency without a license--and served him on May 8, 1990.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of State, Division of Licensing enter a Final Order: Suspending South Florida Detective Bureau, Inc.'s Class "A" private investigative agency license and Class "R" recovery (repossession) agency license for one year and imposing an administrative fine of $2,000. Suspending Jamie J. Polero's Class "C" private investigator license and Class "E" recovery agent (repossessor) license for one year 6/ and imposing an administrative fine of $2,000. Imposing an administrative fine of $2,000 against William Polero. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 21st day of March 1994. ERROL H. POWELL 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 March 1994.
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
The Issue At issue is whether Respondent committed the violations set forth in the Third Amended Administrative Complaint dated August 28, 2002, and if so, what penalty should be imposed.
Findings Of Fact At all times material to this case Respondent held a Class "C" Private Investigator License, number C87-00343, as well as a Class "E" Recovery Agent License, number E87-00046. By Final Order dated January 22, 2002 (Final Order) Petitioner determined that Respondent had conducted or advertised the business of a private investigative agency without a valid Class A license, and had performed the services of a private investigator after his Class C private investigator license had been suspended. Baro was fined for this conduct, and ordered to cease and desist from such activities until such time as he was properly licensed. Baro did not appeal the Final Order. Baro subsequently violated the Final Order by advertising his availability to serve as a private investigator in Palm Beach County, Florida, without first obtaining the requisite licensure. On or about January 14, 2002, in Palm Beach County, Florida, Respondent subcontracted investigative work to CTC International Group, a licensed Florida investigative agency. At that time, Baro did not have a Florida private investigative agency license. In July, 2001, in Palm Beach County, Florida, Baro was working for Mrs. William LeNeve, who was embroiled in a contentious divorce. Baro's services to Mrs. LeNeve included concealing her whereabouts from her husband. Desperate for money, Baro approached Mr. LeNeve and offered to switch sides and help locate Mr. LeNeve’s wife and children for a price to be agreed upon. By way of defense, Baro contends that Petitioner is conducting a "vendetta" because, "[O]pposing Counsel did not appreciate my telling him years ago that I thought what they did to me then amounted to nothing short of extortion." See Baro's letter to the Division of Administrative Hearings, dated April 8, 2003. In a letter to the Division of Administrative Hearings, dated March 14, 2002, Baro asserted, "I know that we can clearly show that the states(sic)case is unjust and that Mr. Bensko's only motivation is a personal vendetta. I would very much like the opportunity to prove that." Baro made no attempt to back up the claim of improper motivation. To be clear, the record--both before and after Baro was represented by counsel--is completely devoid of any evidence that the Petitioner has acted improperly, or is improperly motivated with respect to Baro.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Class "C" Private Investigator License and the Class "E" Recovery Agent License, held by Respondent be revoked and that he be fined $1,500. DONE AND ENTERED this 6th day of May, 2003, in Tallahassee, Leon County, Florida. FLORENCE SNYDER RIVAS 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 6th day of May, 2003.
The Issue Whether the Petitioner's application for a private employment agency license should be denied on the grounds stated by the Department in its letter dated August 7, 1978. The Department of State presented evidence that the applicant had been guilty of a crime against laws of the State of Florida; to wit, procuring for prostitution and conspiracy to commit prostitution. The applicant presented evidence that he had not operated an employment agency without benefit of a state license. The issue presented is whether conviction of conspiracy to commit prostitution and procuring for prostitution constitutes a crime of moral turpitude such that the license applied for should be denied.
Findings Of Fact The Petitioner-Applicant, Robert T. Sharkey, testified in his own behalf and identified his application for licensure, Exhibit 1, and a notice of violation issued by Robert P. Murphy, Exhibit 3. Sharkey explained that he had been arrested and convicted for the crimes of procuring for prostitution and conspiracy to commit prostitution, a crime which he characterized as a misdemeanor of the the second degree for which the court sentenced him to a two-year probation. Sharkey has successfully completed all the terms of that probation period. Sharkey testified that before January, 1978, his exwife had operated a licensed modeling agency under a license issued to his former wife; that he had been a photographer who worked with his wife in this modeling agency but who took no active part in management of the modeling agency. Sharkey further testified that after 1978, that he had operated a service business in which he was employed by persons seeking part-time help and he in turn employed individuals to provide the services to the individual who had employed him. Under these arrangements, he was paid by his principle and he in turn paid his employee taking out his profit, social security and federal withholding tax for the employee. Sharkey testified that his business was inspected by Robert P. Murphey on April 7, 1978 and he was issued a notice of violation of Section 449.021, Florida Statutes, which was received as Exhibit 3. The nature of Sharkey's business is to provide services to his principles through his employees. He provides secretarial, modeling, and other services. In addition, he operates a commercial photography business, which provides still and motion picture photography to various businesses in South Florida. Sharkey held a real estate broker's license and at the time of his conviction mentioned above was a real estate broker. As a result of his conviction, his license as a real estate broker was suspended for a period of one year and should be reissued on or about October 12, 1978.
Recommendation Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the application of Robert T. Sharkey for a private employment agency license (theatrical) be DENIED. DONE and ORDERED this 17th day of October, 1978, Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of October, 1978. COPIES FURNISHED: John A. Friedman, Esquire 727 Northeast 3rd Avenue Fort Lauderdale, Florida 33304 Gerald Curington, Esquire Secretary of State's Office The Capitol Tallahassee, Florida 32304
