Findings Of Fact The charges Respondent, Gary W. Ciani Private Investigations, Gary Wayne Ciani, Owner (Ciani), holds a Class "A" private investigative agency license, number A88-00273, effective October 31, 1990, and a Class "C" private investigator license, number C87-00530, effected August 6, 1989. Both licenses were issued pursuant to Chapter 493, Florida Statutes. On September 14, 1990, in the United States District Court, Southern District of Florida, Case No. 87-6021-CR-Gonzalez, Ciani, based on a plea of guilty, was convicted of a felony, to wit: violation of Title 28, USC Section 5861(d) and 5871-- possession of a firearm (one silencer) that was not registered to him in the National Firearms Registration and Transfer Record. The court withheld the imposition of a period of confinement, and placed Ciani on probation for a period of 24 months. As a special condition, the court directed that, without regard to any existing policies of the U.S. Probation Office, Ciani be permitted to maintain his employment as a private investigator so long as he was so licensed by the State of Florida. The person Ciani has been a resident of Fort Lauderdale, Florida, since 1954. He is married, the father of three daughters, and was, until being charged with the offense leading to his conviction discussed supra, a career officer with the Fort Lauderdale Police Department. In all, Ciani dedicated 17 years and 8 months of his life as a police officer to the City of Fort Lauderdale, the last 8 years of which were served with the Homicide Division. During such period, Ciani earned a reputation, which he continues to enjoy, as a very competent officer and investigator, as well as an excellent reputation for honesty and truthfulness. The firearms violation, which ultimately resulted in Ciani's guilty plea and conviction, had its genesis when Ciani sought to sell an automatic weapon he had previously acquired for use in his employment. Regarding such firearms, the proof demonstrates that other officers owned similar weapons, used such weapons in the course of their employment, and that no officer had ever been prosecuted for possessing such a weapon. The proof is, however, silent as to whether such other officers had registered their firearms as required by law. Notwithstanding, Ciani was, more likely than not, targeted for prosecution by Federal authorities in retribution for his refusal to curtail an investigation he had undertaken of a Federal confidential informant (CI) who he suspected of murder. In this regard, the proof demonstrates that shortly after securing an indictment against the CI, Ciani was approached out-of-the-blue by a licensed gun dealer, who inquired as to whether Ciani was interested in selling his weapon. Ciani, having no further use for the weapon, and believing a sale to a licensed dealer would be permissible, subsequently met with the dealer at his premises to make the sale, and was shortly thereafter arrested and charged with the subject offense. Recognizing that federal law made no provision for withholding an adjudication of guilt, Ciani, upon advice of his counsel, entered into a plea agreement with the federal prosecutor which, if consummated, would have allowed him to plead guilty to a State weapons charge in exchange for a sentence of five years probation with adjudication of guilt withheld. Additionally, Ciani agreed to resign from his position as a law enforcement officer for the Fort Lauderdale Police Department, and not seek any law enforcement employment during his period of probation. In return, the United States agreed to dismiss the federal indictment. In reliance upon the plea agreement, Ciani resigned from the Fort Lauderdale Police Department, and forfeited the eighteen years he had accrued toward his pension. Thereafter, he opened a new business for the support of his family as a private investigator, and has been so employed since August 1987. During that period, he has acquired twelve of the largest civil law firms in Dade and Broward Counties as clients, and has earned a reputation as a responsible private investigator, whose conduct conforms to the highest of moral and ethical standards. While Ciani had complied with those terms of the plea agreement within his control, his counsel and the U.S. Attorney were unsuccessful in convincing the State Attorney to file the requisite State charges that would consummate the agreement. Accordingly, in August or September 1990, more than three years after the plea agreement had been executed, Ciani was informed that such agreement was, by its terms, void, and that he would have to plead guilty to the charge or stand trial. Recognizing the uncertainties of criminal prosecution, Ciani elected to plead guilty to count two of the indictment, and the remaining four counts were dismissed. Petitioner, at least since November 23, 1987, has been aware of the criminal charges pending against Ciani, as well as the plea agreement that had been entered into between Ciani and the United States Attorney, and continually renewed his licenses until the subject conviction was rendered and these revocation proceedings were commenced. Additionally, the Florida Department of Law Enforcement, Criminal Justice Standards and Training Commission (Commission), was aware of the criminal charges pending against Ciani. In apparent recognition that Ciani's actions did not demonstrate that he failed to possess the requisite good moral character demanded of law enforcement officers, the Commission limited the disciplinary action it took against Ciani to a suspension of his certification for the period of January 31, 1988 through January 31, 1990. Overall, the proof offered in this proceeding demonstrates that Ciani is a person of good moral character, who ascribes to the highest of ethical standards, and a responsible investigator. It further demonstrates that, were Ciani afforded the opportunity to continue as a private investigator, the public would not be adversely affected.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be entered revoking the Class "A" private investigative agency license and Class "C" private investigator license of Respondent, Gary W. Ciani Private Investigations, Gary Wayne Ciani, Owner. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 21st day of June 1991. WILLIAM J. KENDRICK 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 June 1991. APPENDIX Petitioner's proposed findings of fact are addressed as follows: Addressed in paragraph 1. Addressed in paragraph 2. Respondent's proposed findings of fact are addressed as follows: Addressed in paragraph 2. Addressed in paragraphs 4 and 5. Addressed in paragraphs 6-8. 4 & 5. Addressed in paragraph 9. 6. Addressed in paragraphs 3, 7, and 10. Copies furnished: Henri C. Cawthon, Esquire Assistant General Counsel Department of State Division of Licensing The Capitol, MS 4 Tallahassee, Florida 32399-0250 Michael G. Widoff, Esquire 2929 East Commercial Boulevard Suite 501 Fort Lauderdale, Florida 33308 The Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 488-3680 Phyllis Slater General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact The Petitioner, Alex Marrero, age 27, has never been convicted of a crime. He became a Dade County police officer in 1975. During his work as a police officer he received numerous commendations and citations from the Kiwanis Club and his supervisors for outstanding service. One year he was Officer of the Month once, and runner-up for Officer of the Year. During the course of his employment as a police officer, however, the Petitioner became one of the subjects of an investigation by the Internal Security Bureau of the Dade County Public Safety Department, which related to the arrest and beating of Arthur McDuffie on the night of December 17, 1979. As a result of this investigation, the Petitioner was discharged as a police officer on February 1, 1980, by the Director of Public Safety. The Petitioner's termination from employment was reviewed by a hearing examiner for Dade County at hearings held on April 29 and May 15, 1981, which resulted in the issuance of a recommendation dated June 19, 1981, that the discharge of the Petitioner be upheld. Thereupon, on July 16, 1981, the County notified the Petitioner that his dismissal from service was confirmed. The Petitioner admitted the fact that the recommendation of the hearing examiner was based upon findings that he used unnecessary force in the arrest of Arthur McDuffie which contributed to his death. He also admitted that the hearing officer found that he had tampered with evidence to make the death of McDuffie appear to have been accidental. No administrative or judicial review of the Petitioner's discharge as a police officer has been undertaken. Previously, in 1979, the Petitioner was charged with second degree murder and manslaughter and brought to trial in Circuit Court. The Petitioner pleaded self-defense, and he was found not guilty on all counts by a jury. There have been no other incidents in his life questioning his honesty or good moral character, according to the Petitioner. Prior to his employment as a police officer the Petitioner worked for Preventative Security Service and Investigation, Inc. Since his termination as a police officer he has resumed investigative work with this employer, and he has also worked for a jewelry company in Miami as a security consultant. The Petitioner contends that the same facts were before both the jury and the hearing officer relative to the arrest and beating of Arthur McDuffie, and that his acquittal by the jury after a trial wherein over ten witnesses were heard, is entitled to more weight than an administrative proceeding where only two witnesses testified. However, the jury verdict of not guilty after a self- defense plea, without more, is not subject to only a single interpretation. There is not sufficient evidence to support a finding that the death of Arthur McDuffie was justifiable or excusable. The only import of the jury's acquittal of the Petitioner is that he is not guilty of the crimes charged. Acts which might not be criminal offenses, or which may not have been proven sufficiently so as to warrant a conviction, may nevertheless be the basis for administrative proceedings and receive different treatment. Further, the Petitioner presented no evidence to corroborate his own assertions relative to his character, past record, etc. In view of the circumstances surrounding the termination of the Petitioner's employment as a police officer by Dade County, there is not sufficient evidence to support a finding that the Petitioner meets the good character requirement for a private investigative agency license.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Alex Marrero for a Class A Private Investigative Agency license, be denied. THIS RECOMMENDED ORDER entered on this 17th day of November, 1981, in Tallahassee, Florida. WILLIAM B. THOMAS, 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 17th day of November, 1981. COPIES FURNISHED: Edward J. O'Donnell, Esquire Suite 300 1125 N.E. 125th Street North Miami, Florida 33161 James V. Antista, Esquire Room 106, R.A. Gray Building Tallahassee, Florida 32301
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. =================================================================
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 Respondent currently holds a Class "CC" private investigator intern license, #CC85-00162. On the morning of May 27, 1987, Respondent visited Tropical Men's Wear to pick up some clothes. The store's owner, John Menegat, told Respondent that Donald Scheib owned Mr. Menegat some money. Mr. Menegat did not hire Respondent to collect this alleged debt. On or before the above-described conversation, Respondent presented Mr. Menegat with a business card. In very large print the card read, "FLORIDA STATE INVESTIGATOR." It bore one outline of two badges resembling badges used by law enforcement officers throughout the state. It also bore Respondent's name and telephone numbers. Later the same day, Respondent identified himself to Pauline E. Kemp, who was the receptionist at an office building in Maitland, Florida, where he believed Mr. Scheib maintained an office. The purpose of the visit was to attempt to collect the alleged debt owed by Mr. Scheib to Mr. Menegat. When Ms. Kemp explained to Respondent that Mr. Scheib was unavailable, Respondent identified himself as an "investigator" and displayed to her his badge and identification card which he carried in a dark leather wallet. The card and badge are highly misleading. The badge, which is secured to the inside of the wallet, resembles the badge used by law enforcement officers throughout the state. In the center of the badge is a close facsimile of the state seal. The outer circle of the badge carries the words, "INVESTIGATOR" and "FLORIDA." The inner circle of the badge carries the slightly smaller words, "STATE OF FLORIDA." The card bears Respondent's photograph. Stamped diagonally across the card in large letters is the word, "INVESTIGATOR". At the top of the card in slightly smaller letters are the words, "STATE OF FLORIDA." In very small print beneath these words are the words "private investigative agency." In the background behind Respondent's name, address, state agency id number," and signature is the outline of a badge resembling the badge used by law enforcement officers throughout the state. Respondent used this badge for "results" -- that is, to intimidate uncooperative persons.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered finding Respondent guilty of violating Section 493.319(1)(i), Florida Statutes, and imposing upon him an administrative fine of $250. DONE and RECOMMENDED this 6th day of May, 1988, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-0794 Treatment Accorded Petitioner's Proposed Findings Adopted in substance, except that references to Respondent's other licenses are irrelevant. The only license subject to discipline in the above-styled proceeding is CC85-00162. and 7. Rejected as unsupported by the greater weight of the evidence. 3-5, 8. Rejected as unnecessary. 6. Rejected as unsupported by the greater weight of the evidence and unnecessary, except that the second sentence is adopted. 9-13. Adopted. COPIES FURNISHED: R. Timothy Jansen, Esquire Assistant General Counsel Department of State The Capitol, MS 4 Tallahassee, Florida 32399-0250 Anthony Zarelli, Jr. 3000 Willow Bend Boulevard Orlando, Florida 32808 Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse General Counsel Department of State 1801 The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact At all times material hereto, Respondent has been licensed as a Class "C" private investigator and Class "MA" agency manager, having been issued licenses numbered C-0002856 and NA-8600240, respectively. On or about November 10, 1988, Respondent was engaged in an investigation and surveillance involving Joseph King to determine if King was disabled for purposes of a worker's compensation claim which was being disputed by the insurance carrier. As a result of Respondent's investigation, King was eventually denied certain benefits which he would otherwise have received. Respondent was performing this work through the Hillsborough County branch office of TRACE, Inc., a licensed private investigative agency which he managed. He was accompanied in this investigation and surveillance of King by two other licensed private investigators. During the course of this investigation,and surveillance, King became aware of Respondent and the other two investigators who were following him. He confronted one of the investigators named Tony Hobbs, and after it became apparent that King was preventing Hobbs from leaving, Respondent came to his aid and attempted to calm down the situation. King continued to refuse to allow the investigators to leave, and eventually Deputy Sheriffs arrived and secured Hobbs' release. At hearing, Mr. and Mrs. King both testified that Respondent and the other investigator, Hobbs, falsely identified themselves as federal agents who were allegedly involved in an undercover drug investigation. Respondent denies that he ever made such a representation to the Kings. Hobbs was not present to testify, but in a statement given to the Petitioner's investigator, John Matlack, in the regular course of his investigation of this incident Hobbs stated that he had been told by one of the Deputy Sheriffs that Respondent had made this statement. However, Hobbs was fired from TRACE, Inc., a couple of weeks after this incident, and therefore, has a motive for placing Respondent's license in jeopardy. Based upon the demeanor and testimony of Respondent and the Kings at hearing, as well as the motive which existed for the Kings to try to get back at Respondent for their loss of certain benefits resulting from his investigation, it is found that Respondent did not falsely identify himself as a federal agent at any time during the course of this investigation. Respondent was calm, orderly, logical, coherent and professional in his recollection of events, while Mr. King was aggressive and hostile towards Respondent. It was King who provoked the confrontation with Hobbs by restraining and preventing him from leaving. It was King who was angry with the investigators, including Respondent, and who allowed them to leave only after Deputy Sheriffs arrived. At hearing, it was King who was unclear in his recollection of specific details about the events of November 10, 1988, and he was clearly still angry with Respondent. The Petitioner also alleges that Respondent falsely identified himself as a federal agent to a neighbor of King, but that neighbor was not present to testify and his absence was not explained. Therefore, there is no competent substantial evidence in the record to support this allegation concerning a statement allegedly made by Respondent to King's neighbor. It is against the policy of Respondent's company, TRACE, Inc., for any agent to represent himself to be a federal agent, and such misrepresentation is a basis for termination. Respondent is well aware of this policy, and credibly testified that he did not violate it in his investigation of King.
Recommendation Based upon the foregoing, it is recommended that the Petitioner enter a Final Order dismissing the charge that Respondent violated Section 493.319(1)(i) Florida Statutes, as set forth in the Administrative Complaint. DONE AND ENTERED this 5th day of March, 1990 in Tallahassee, Florida. DONALD D. CONN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Filed with the Clerk of the Division of Administrative Hearings this 5th day of March, 1990. APPENDIX Rulings on the Petitioner's Proposed Findings of Fact: Adopted in Finding of Fact 1. Adopted and Rejected in part in Findings of Fact 2-5. Rejected in Finding of Fact 6. Rulings cannot be made on the narrative statement filed by the Respondent on March 1, 1990, since it does not contain separately numbered proposed findings of fact and does not evidence that Respondent has provided a copy to counsel for the Petitioner. COPIES FURNISHED: Henri C. Cawthon, Esquire Department of State The Capitol, Mail Station 4 Tallahassee, FL 32399-0250 Michael R. Heiland P. O. Box 152143 Tampa, FL 33614 Ken Rouse, Esguire General Counsel The Capitol, LL-10 Tallahassee, FL 32399-0250 The Honorable Jim Smith Secretary of State The Captol Tallahassee, FL 32399-0250
Findings Of Fact Albert Spain is an applicant otherwise qualified for licensure as a private employment agency/agent except for the lack of three years continuous experience immediately preceding his application, the question which is at issue in this case. Spain was employed with a trade association as a vice president for 15 years until December 31, 1976. His experience in this position meets the requirements of equivalent experience as an employment clerk and is accepted as such by the Division. Spain was employed from February 28, 1977, until March 31, 1978, with Life of Georgia in Orlando, Florida. Thereafter, Spain was employed as manager of an employment agency which experience is accepted by the Division as equivalent experience as an employment clerk. The head of the Life of Georgia agency and Spain's immediate superior, William Richardson, testified concerning Spain's employment. Richardson needed an agent supervisor for his agency to assist him in recruiting, training and supervising agents for the company's Orlando operation. Richardson met Spain and was impressed with his background, feeling that Spain could fill this position as agent supervisor. However, in order to fill this position, the incumbent must be a licensed insurance salesman and have experience in insurance sales. Richardson offered Spain a position as a salesman with the understanding that if Spain gained experience in sales and was licensed he would have the opportunity to become the agent supervisor if his performance was otherwise satisfactory. Spain accepted the employment, obtained his insurance license and worked as an insurance salesman for approximately one year. Richardson was satisfied with Spain's progress and would have considered Spain for the supervisor's job had Spain not left the agency. Although Spain's duties primarily related to sales, he also recruited salesmen, worked in training other sales people, and did other work as was assigned by Richardson. Certain of these duties involved work which would be the equivalent of that of an employment clerk; however, Spain spent only approximately 50 percent of his time in such duties.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the application of Albert Spain for licensure as a private employment agent/agency be granted. DONE and ORDERED this 20th day of February, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of February, 1979. COPIES FURNISHED: Gerald Curington Division of Licensing The Capitol Tallahassee, Florida 32304 Albert L. Spain 4264C Lake Underhill Drive Orlando, Florida
Findings Of Fact On January 15, 1987, the Division received Petitioner's application for a Class "CC" Private Investigator Intern License. The Division issued Petitioner's "CC" Intern's License on March 19, 1987. On October 12, 1987, the Division received Petitioner's application for an upgrade to a Class "C" Private Investigator's License. Included with the application was a Completion of Sponsorship Letter reflecting a total internship of twenty-three months, and a letter from Troopers International Security Corp. reflecting investigative and bodyguard experience from May 1976 to June 1979. The Division issued the Class "C" license on December 14, 1987. On February 13, 1989, the Division filed an Administrative Complaint seeking to revoke Petitioner's Class "C" license based on two violations of Section 493.319(1)(c), Florida Statutes (1989), conviction of crimes directly related to the business for which the license is held. On April 13, 1989, prior to final disposition of the Administrative Complaint seeking to revoke Petitioner's Class "C" license, he applied for a Class "A" Private Investigative Agency License. A Final Order revoking Petitioner's Class "C" license for the criminal violations was entered on June 29, 1989. On July 10, 1989, eleven days after revocation of the Class "C" license, the Division issued Petitioner's Class "A" agency license. Petitioner subsequently filed a Notice of Appeal of the Final Order revoking his Class "C" license. On February 27, 1990, the parties entered into a Stipulation and Agreement wherein Petitioner would withdraw his appeal and be allowed to apply for a Class "C" Private Investigator's License. The Division stipulated that it would not take disciplinary action against Petitioner's Class "A" agency license based solely upon the criminal convictions, and Petitioner would be placed on probation for a period of one year. The parties stipulated that Petitioner would also be allowed to apply for a Class "G" Statewide Gun Permit on September 1, 1990. The agreement also provided that the Division would not deny Petitioner's Class "C" license application based solely upon his 1988 misdemeanor convictions. On April 3, 1990, Petitioner applied for a Class "C" Private Investigator License. The Division of Licensing investigated Petitioner's experience background and concluded that Petitioner did not have the required experience. By letter dated July 13, 1990, the Division informed Petitioner he did not have the required two years experience and gave him thirty days to respond with additional information. Petitioner did not respond in writing within the thirty day period. By letter dated August 30, 1990, the Division informed Petitioner his Class "C" application was denied based on his failure to respond to the letter of July 13, 1990, and because he did not have two years of verifiable experience as required by Section 493.306(4), Florida Statutes. Petitioner obtained the Class "A" license mentioned above in order to be better able to pursue a full time career as a private investigator. Petitioner also abandoned his furniture refinishing business in order to operate the private investigation agency. The abandonment of the furniture refinishing business was sometime prior to the revocation of Petitioner's Class "C" license in 1989. Much of the same experience that was listed on Petitioner's 1987 application was also listed on his 1990 application. The July 13, 1990, letter from the Division of Licensing proposing to deny Petitioner's application states that the basis for denial is Petitioner's failure to demonstrate the required experience. The denial letter also states that much of the experience listed by Petitioner cannot be credited as qualifying experience because it was obtained under circumstances which required the Petitioner to have certain licenses that he did not have.
Recommendation On the basis of all of the foregoing, it is RECOMMENDED that the Division of Licensing issue a Final Order in this case denying the Petitioner's application for a Class "C" license. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 4th day of March 1991. MICHAEL M. PARRISH 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 4th day of March 1991.
Findings Of Fact Petitioner, Department of State, Division of Licensing, is the licensing authority which has statutory jurisdiction over private investigative and security guard licensees. During times material, Respondent, John L. Troutner held a Class C private investigator's license and a Class "A" private investigative agency license. Respondent John Troutner is the owner of Atlas Private Investigating Agency located at 5466 Springhill Drive, Springhill, Florida. Respondent Pamela L. Troutner, during times material, held a Class "CC" private investigator's intern license and worked for her husband, Respondent John L. Troutner. Neither Respondent held Class "B" or "D" security guard licenses. During October 1988, Michael Friedman hired Atlas Private Investigating Agency (Atlas) to investigate his wife Vickie Friedman, pending their divorce proceeding. As part of their duties, Respondents provided Friedman with home security and guard services. Pam Troutner was posted at the Friedman residence and was told by Mr. Friedman to deny entrance to house guests, specifically Ms. Friedman, without his permission. John Troutner checked in at the Friedman residence on a regular basis and at times, stayed overnight. Between October 25 and November 25, 1988, Respondent employed James McCullough, an unlicensed person, to perform the services of a private investigator without a Class "C" private investigator'S license. McCullough was paid with checks drawn on the account of Atlas which referenced investigative case numbers and he was accompanied by an Atlas investigator, Tommy House, who was engaged to surveil Vickie Friedman on November 23, 1988. During times material, Vickie Friedman and her stepfather, Gerald Townsend, were employed by a local newspaper, the Sun Journal. During November 1988, John Troutner and employees of Atlas harassed Vickie Friedman while they were surveilling Ms. Friedman, by attempting to and successfully getting Mr. Townsend fired from his employment with the Sun Journal and threatened to file suit against the Sun Journal if Ms. Friedman and Mr. Townsend were not fired. Vickie Friedman had a friend who lived across the street from Respondent John Troutner, a Ms. Mary Marconi. Respondent John Troutner instigated Ms. Marconi's eviction as a means of harassment and based on her friendship with Vickie Friedman. Vickie Friedman utilized Ms. Marconi's home, which was near Respondent Troutner's residence, to store property at the Marconi home when she and her husband separated. On May 7, 1987, and May 5, 1988, Respondent John Troutner submitted to Petitioner signed applications for Class A, B, C, E and M licenses without disclosing his previous ownership of the Scuba Den and without divulging his use of an alias, John Delaney. During early 1988 and between October 25 and December 31, 1988, Respondents electronically recorded telephone conversations without the knowledge of or consent of the parties being recorded. Specifically, Respondent, John Troutner, engaged in conversations with Rick Guyette, Don West and several other unidentified people, and their conversations were electronically recorded without their knowledge or consent. Respondent Pamela Troutner engaged in a conversation with Vickie Friedman and this conversation was also recorded without Ms. Friedman's authorization or knowledge. As the owner of Atlas, John Troutner engaged his wife, Pamela Troutner to surveil the Friedman residence. Respondent knew, or should have known that his wife, Pamela Troutner was illegally recording telephone conversations without the knowledge of and consent of such persons.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondents John L. Troutner, Pamela L. Troutner and Atlas Private Investigating Agency, Inc., licenses be suspended for a period of one (1) year. DONE and ENTERED this 31st day of January, 1990, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL 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 31st day of January, 1990. COPIES FURNISHED: Henri C. Cawthon, Esquire Assistant General Counsel Department of State, Div. of Licensing The Capitol, Mailstation 4 Tallahassee, Florida 32399-0250 Daniel P. Rock, Esquire One East Main Street New Port Richey, Florida 34652 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 32399-0250 =================================================================
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
