The Issue Whether Petitioner's application for a Class "CC" (private investigator intern) license should be denied on the grounds set forth in the Department of State, Division of Licensing's (Department's) May 4, 1992, denial letter to Petitioner?
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: Petitioner is 31 years of age and has resided in Palm Beach County his entire life. He is now, and has been for the last few years, self-employed as certified process server in Palm Beach County. After receiving his certification, he applied for and obtained a State of Florida license to carry a concealed firearm. Petitioner has been married to his present wife for approximately a year. He and his wife have an infant daughter and are expecting another child. This is Petitioner's second marriage. His first marriage ended in a bitter divorce. Petitioner has had several brushes with the law in the past, all of which occurred prior to the termination of his first marriage. In 1980, Petitioner was arrested for, and subsequently charged in Palm Beach County Circuit Court Case No. 80-5141CF with, carrying a concealed firearm, resisting arrest with violence and battery on a police officer. Pursuant to the terms of a plea bargain agreement, Petitioner pled guilty to the charge of resisting arrest with violence and the remaining charges against him were dropped. Adjudication of guilt on the resisting arrest charge was withheld and Petitioner was placed on three years probation. In 1984, while still on probation, Petitioner was arrested for, and charged in Palm Beach County Circuit Court Case No. 84-4810MM with, possession of under 20 grams of marijuana, a misdemeanor. He was adjudicated guilty of this offense after entering a guilty plea to the charge and sentenced to time served. Petitioner's commission of this misdemeanor marijuana possession offense also resulted in a finding that he had violated the conditions of his probation in Case No. 80-5141CF. Based upon this finding, Petitioner's probation was extended an additional two years. In accordance with the recommendation of his probation officer, Petitioner was discharged from his probation on January 9, 1986, more than five months prior to the date it was due to expire. In 1989, Petitioner was separated, but not yet divorced, from his first wife, Theresa. Theresa was living in the home she and Petitioner had shared prior to their separation. Petitioner was living in a trailer on his parent's property. Theresa had changed the locks on the doors in an effort to prevent Petitioner from entering the marital home. She had also obtained a court order enjoining Petitioner from harassing her. In late June or early July of 1989, Petitioner and Theresa reconciled. Theresa gave Petitioner a key to the marital home and invited him to move back in and live with her again. Petitioner accepted the invitation. The couple lived together peaceably and without incident for approximately a week. On the morning of July 8, 1992, however, Petitioner and Theresa had an altercation that abruptly put an end to their reconciliation. The altercation began when, using the key Theresa had given him the week before, Petitioner opened the front door to their home and went inside. Petitioner was tired inasmuch as he had spent a sleepless night in the hospital room of his ill grandmother. He intended to go directly to his bedroom to try to get some sleep. Theresa was home, but she was not alone. She was with another man. As Petitioner walked through the doorway and into the home, Theresa confronted him. She had a firearm in her hand. The gun was pointed in Petitioner's direction and was very close to his face. Petitioner pushed the firearm aside and headed upstairs to his bedroom. Theresa followed close behind Petitioner, threatening to shoot him. In the bedroom was a jewelry box that contained a wedding ring that Petitioner had given Theresa to wear. 1/ Petitioner took the box. He then exited the bedroom, walked downstairs and went out the front door with the jewelry box still in his possession. Theresa unsuccessfully attempted to prevent Petitioner from getting into his car by pulling his hair and trying to choke him. As Petitioner drove off, Theresa shot at his car. Based upon erroneous information provided by Theresa about this incident, Petitioner was arrested for strong armed robbery, breaking and entering by forced entry, battery on a spouse and violating the terms of the injunction that Theresa had obtained against him. 2/ No formal charges, however, were filed against Petitioner as a result of the incident. The aforementioned injunction was subsequently vacated retroactive to the day before the incident. It appears that, although he may have run afoul of the law when he was younger, Petitioner has since matured and transformed himself into a responsible, honest and law-abiding citizen.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order finding that Petitioner should not be denied licensure as a private investigator intern on the grounds cited in the Department's May 4, 1992, denial letter, as amended at hearing. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 12th day of October, 1992. 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, 1992.
The Issue Case No. 97-3049 Did Respondent conduct business as a private investigative agency during the period of January 1, 1997, through April 7, 1997, without a Class “A” Private Investigative Agency License in violation of Section 493.6118(1)(g), Florida Statutes? Did Respondent perform the services of a private investigator during the period of January 1, 1997 through April 7, 1997, without a Class “C” Private Investigator License in violation of Section 493.6118(1)(g), Florida Statutes? Case No. 97-3096 Did Respondent conduct business as a private investigative agency during the period of January 1, 1997, through April 7, 1997, without a Class “A” Private Investigative Agency License in violation of Section 493.6118(1)(g), Florida Statutes? Did Respondent perform the services of a private investigator during the period of January 1, 1997, through April 7, 1997, without a Class “C” Private Investigator License in violation of Section 493.6118(1)(g), Florida Statutes?
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: The Department is the agency of the State of Florida charged with the responsibility of investigating and enforcing the provisions of Chapter 493, Florida Statutes. Case Number 97-3049 Respondent Dormal Cavilee was not licensed as a private investigator in the State of Florida and did not possess a State of Florida Class “C” Private Investigator license at any time material to this proceeding. Respondent Dormal Cavilee was not licensed as a private investigative agency in the State of Florida and did not possess a State of Florida Class “A” Private Investigative Agency license at any time material to this proceeding. During the period of January 1, 1997, to April 7, 1997, Respondent Dormal Cavilee performed private investigations, as defined in Section 493.6101(17), Florida Statutes, for Geoffrey A. Foster, attorney-at-law and for Dwight M. Wells or Deborah Wells (Wells), attorneys at law. While performing private investigations for Foster and Wells during the period of January 1, 1997 to April 7, 1997, Respondent Dormal Cavilee was under contract and was not solely and exclusively employed by Foster or by Wells. Additionally, an employer-employee relationship did not exist between Foster or Wells and Respondent Dormal Cavilee in that neither Foster nor Wells deducted federal income tax or social security tax, or furnished any health or retirement benefits to Respondent Dormal Cavilee. Case Number 97-3096 Respondent Mary Cavilee was not licensed as a private investigator in the State of Florida and did not possess a State of Florida Class “C” Private Investigator license at any time material to this proceeding. Respondent Mary Cavilee was not licensed as a private investigative agency in the State of Florida and did not possess a State of Florida Class “A” Private Investigative Agency license at any time material to this proceeding. During the period of January 1, 1997, to April 7, 1997, Respondent Mary Cavilee performed private investigations, as defined in Section 493.6101(17), Florida Statutes, for Dwight M. Wells or Deborah Wells (Wells), attorneys at law. While performing private investigations for Wells during the period January 1, 1997, to April 7, 1997, Respondent Mary Cavilee was under contract and was not solely and exclusively employed by Wells. Additionally, an employer-employee relationship did not exist between Wells and Respondent Mary Cavilee in that Wells did not deduct federal income tax or social security tax, or furnish any health or retirement benefits to Respondent Mary Cavilee. Case Numbers 97-3049 and 97-3096 A billing statement from Respondent Dormal Cavilee and Respondent Mary Cavilee dated March 1, 1997, to Dwight M. Wells, shows the date of investigation, the person performing the investigation (either Dormal Cavilee or Mary Cavilee), the amount of time involved in performing the investigation, the hourly rate and the total amount charged. The billing statement shows that the investigations are related to the defense of Grady Wilson in Case Number CF93-5094-A1XX, a criminal case in Polk County, Florida. Nothing on the billing statement indicates that it is a statement for private investigations furnished by a private investigative agency referred to as Criminal Defense Investigations. The Motion for Payment of Costs filed by Dwight M. Bell in Case Number CF93-5094-A1XX provides in pertinent part: That the following expense was incurred during the investigation, discovery process, pre-trial preparation and trial of this cause: Criminal Defense Investigations $2,500.00 Both the Order Approving Additional Funds for Investigation Costs dated March 3, 1997, and the Order Approving Motion for Payment of Costs refer to the payments as payment for investigations performed by criminal defense investigations. Neither Respondent Dormal Cavilee nor Respondent Mary Cavilee advertised as providing, or engaged in the business of furnishing private investigations, notwithstanding language in the motion and orders referred to above which was apparently referring to the type of services being performed rather than private investigations being furnished by a private investigative agency. On April 7, 1997, a Cease and Desist Order was issued to both Respondent Dormal Cavilee and Respondent Mary Cavilee. The record indicates that both Respondent Dormal Cavilee and Respondent Mary Cavilee honored the Cease and Desist Order and cease performing any private investigations other than in an employer-employee relationship with Wells. Chapter 493, Florida Statutes, did not apply to such activity. See Section 493.6102, Florida Statutes. Neither Respondent Dormal Cavilee nor Respondent Mary Cavilee attempted to “cover-up” any of their activities when questioned by the investigator for the Department. Respondents knew or should have known that their activity in regards to investigations for Foster and Wells required that they be licensed under Chapter 493, Florida Statutes. However, there appeared to be some confusion on the part of the Respondents as to whether their relationship with the defense attorneys required that they be licensed under Chapter 493, Florida Statutes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law and review of Rule 1C-3.113, Florida Administrative Code, concerning disciplinary guidelines, range of penalties, and aggravating and mitigating circumstances, it is recommended that the Department in Case Number 97-3049 enter a final order: (a) dismissing Counts I, II, and IV of the Administrative Complaint; (b) finding Respondent Dormal Cavilee guilty of the violations charged in Count III and V of the Administrative Complaint, assess an administrative fine in the amount of $300.00 for each count for a total of $600.00. It is further recommended that the Department in Case Number 97-3096 enter a final order dismissing Counts I and III of the Administrative Complaint; and finding Respondent Mary Cavilee guilty of the violations charged in Count II of the Administrative Complaint, assess an administrative fine in the amount of $300.00. DONE AND ENTERED this 2nd day of January, 1998, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6947 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of January, 1998. COPIES FURNISHED: Hon. Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel The Capitol, Plaza Level-02 Tallahassee, Florida 32399-0250 Kristi Reid Bronson, Esquire Department of State, Division of Licensing The Capital, Mail Station Four Tallahassee, Florida 32399-0250 Dormal Dean Cavilee 1900 Queens Terrace Southwest Winter Haven, Florida 33880 Mary Louise Cavilee 2768 Janie Trail Auburndale, Florida 33823
Findings Of Fact Respondent, Mark P. Stanish, during times material held a Class "C" private investigator license issued pursuant to Chapter 493, Florida Statutes. During the period January, 1993 through April, 1993, Respondent advertised in local newspapers in and around Pasco County for "private investigators wanted". At least nine individuals responded to the advertisement placed by Respondent and appeared at meetings and seminars in Pasco County and were told by Respondent that, for a fee, his agency would train and license them and refer investigative cases to them subject to an independent contractor's agreement. At least three individuals paid Respondent $2,000 for training and the promise of being set up in a branch office with enough investigative work to earn $40,000 annually. After paying Respondent $3,000, Michael Straniere was given office space in Spring Hill, Florida and told to recruit as many investigators as possible. Straniere never received any investigative cases from Respondent or as a result of advertising in the local newspaper. Straniere received no training other than the sales pitch by Respondent to recruit as many investigators as possible, and that was the manner in which he could earn the salary that he was promised ($40,000 per annum). Ted Nizza was also made a similar solicitation by Respondent; however upon reflection, Nizza declined the solicitation when Respondent became defensive when Nizza suggested that it sounded like a pyramid scheme. Nizza, a former law enforcement officer in New York, did some background checks on Respondent's operations and learned that Respondent had no investigative work available, and that the manner in which monies would be earned, in the main, consisted of bringing in recruits and receiving a fee for each recruit selected, which recruits would pay a substantial fee ($1,000 or more) to be trained and licensed. In soliciting recruits, Respondent sought $1,995 for training or $3,000 for a management position. Respondent had no contracts for private investigative work during times material. At least four individuals gave Respondent down payments and deposits toward training, licensing and sponsorship for private investigative intern licenses. These deposits were in varying amounts from upwards of $200 to $1,000. Although seven recruits paid Respondent a fee to receive training to become licensed, only Straniere's license application was submitted to Petitioner for processing. In soliciting branch managers, Respondent told Nizza that the over- recruitment of private investigators and interns would not be problematic as there was a high turnover in the private investigation industry. During times material, neither Michael Straniere, Ted Steven Triola, Harry H. Orta, Robby L. Keen, Dorcas L. Stafford, Curtis J. Huff, or Joel Smith received any private investigative work from Respondent or through advertisements nor were they refunded any of the monies paid to Respondent. (proffered testimony) /2
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Petitioner enter a final order revoking Respondent's Class "C" private investigator license. RECOMMENDED in Tallahassee, Leon County, Florida, this 2nd day of May, 1994. 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 2nd day of May, 1994.
Findings Of Fact The parties stipulated that the Petitioner had applied for a Class D, Private Guard license, and that the Petitioner meets all the criteria for such licensure with the exception of one year of experience in the security field within the State of Florida. Petitioner admits that he lacks one year of experience within the State of Florida, but the record reflects that the Petitioner has the requisite knowledge and a clean record.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer must recommend that the Department of State give effect to the statutory language and deny the application of the Petitioner for licensure as a Class D, Private Guard. DONE and ORDERED this 14th day of May, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Carlton Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of May, 1979. COPIES FURNISHED: Joseph W. Fixel, Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 Mr. Roy C. Hinze 1450 Sixth Avenue Vero Beach, Florida 32960
Findings Of Fact During the period January 26, 1994, to September 28, 1994, in Broward County, Florida, Respondent performed the services of a private investigator without a valid Class "C" Private Investigator License. 1/ Petitioner is the agency of the State of Florida responsible for the licensure of persons providing private investigative, private security, and private repossession services in Florida pursuant to Chapter 493, Florida Statutes. Respondent first applied to Petitioner for licensure as a private investigator on October 4, 1994. At no time prior to that application was the Respondent licensed as a private investigator by the Petitioner. At all times pertinent to this proceeding, Respondent was employed by American Recovery Specialist of Fort Lauderdale, Florida (American Recovery). On January 1994, American Recovery was employed by Riverside National Bank (Riverside) to locate Ms. Chaan S. Capps and her 1993 Nissan Maxima that she had financed through Riverside. Respondent performed investigative services pertaining to this account with Riverside in January and February 1994. Matthew Ross is the boyfriend of Ms. Capps. Mike Levine and Matthew Ross are friends. On January 26, 1994, Respondent called Mike Levine pertaining to this investigation. During this telephone conversation, Respondent identified himself to Mr. Levine as a detective from the Metro-Dade Police Department and asked him questions about Ms. Capps. Frances Ross is the mother of Matthew Ross. On February 9, 1994, Matthew Ross found one of the Respondent's business cards in the gate of his mother's residence. The business card contained Respondent's name, the name of his employer, and his telephone number. The card also contained the handwritten notation "call ASAP." Mr. Ross called from his mother's house the telephone number listed on the business card and he spoke with the Respondent. Respondent told Mr. Ross during this telephone conversation on February 9, 1995, that he was an investigator with the Metro-Dade Police investigating the Chaan Capps case. The conversation between Respondent and Mr. Ross terminated when Mr. Ross became upset, handed the telephone to his mother, and walked out of the house. Respondent thereafter told Frances Ross that Ms. Capps was wanted by Metro-Dade Police and that he was investigating the case for Metro-Dade Police.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner enter a final order that adopts the findings of fact and conclusions of law contained herein and imposes administrative fines against the Respondent as follows: An administrative fine in the amount of $100 for the violation of Section 493.6118(1)(g), Florida Statutes, as alleged in Count I of the Amended Administrative Complaint. An administrative fine in the amount of $500 for the violation of Section 493.6118(1)(i), Florida Statutes, as alleged in Count II of the Amended Administrative Complaint. An administrative fine in the amount of $500 for the violation of Section 493.6118(1)(i), Florida Statutes, as alleged in Count III of the Amended Administrative Complaint. DONE AND ENTERED this 14th day of November, 1995, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of November, 1995.
The Issue Whether Petitioner has sufficient experience in private investigative work to qualify her for licensure as a Class "C" private investigator under Section 493,306(4), Florida Statutes (Supp. 1980).
Findings Of Fact In July, 1980, Applicant applied for a Class "C" license as a private detective. By letter dated April 9, 1981, the Department denied the requested license solely on the ground that she failed to meet the minimum "2 years experience and/or training" requirement of Section 493.306(4), Florida Statutes (Supp. 1980. 2/ The Department concedes that, except for her alleged lack of investigative experience, she is qualified for the requested license. (Stipulation of counsel; R-1, R-2) Since 1973, Applicant has engaged in the business of furnishing for- hire private investigative services under the name of ABC Locating Service, a business located in Orange Park, Florida. She started the business as a modest venture; she was unaware that a private investigator's license was required and was also unsure of her ability to conduct private investigations. (Testimony of Applicant.) Over the years, her small and tentative investigation agency has grown into a substantial business. Since January, 1978, she has conducted more than 200 private investigations; from 1979 to 1980, her investigations consumed over 5,000 hours. The gross receipts from her investigative work exceeded $8,400 during 1978 and $12,100 during 1979. If issued a license by the Department, she plans to expand her activities and relocate her business to a commercial office building. 3/ (Testimony of Applicant; P-3) In the operation of her business, Applicant has conducted numerous private investigations for the purpose of obtaining information with reference to: (a) the identify, habits, conduct, movements, whereabouts, and character of persons; (b) the credibility of witnesses and other persons; (c) the whereabouts of missing persons; (d) the location of lost or stolen property; and (e) the preparation and trial of civil or criminal cases. 4/ Several typical investigations are described below: February, 1977; Criminal Investigation (four weeks): A mother hired Applicant to investigate son's arrest on shoplifting charges. Applicant questioned merchant about incident and investigated behavior and past records of son's accomplices; investigation revealed that client's son had a peripheral role in crime and resulted in his receiving a probationary sentence rather than imprisonment. December, 1979; Criminal Investigation (nine months): A teenager hired Applicant to investigate the circumstances surrounding his conviction on drug-related charges and placement in the Lancaster Correctional Institution for a six-year term. She investigated witnesses and police officers, examined court records, and identified conflicting accounts of the incident. The evidence she gathered was presented to a court, and resulted in her client's release and placement on five years' probation. August, 1977 Surveillance Investigation (two weeks): A wife hired Applicant to investigate the conduct and movements of her husband who was neglecting his family responsibilities. Applicant visited subject's place of employment, questioned his coworkers and placed under surveillance the bar which he commonly frequented. Eventually, the subject visited the bar and left in the company of a female with whom he spent the night. This information, with photographs, was presented to Applicant's client and led to a dissolution of the marriage. November, 1980; Surveillance Investigation (four weeks): A wife hired Applicant to investigate the conduct and movements of her husband. After questioning the subject's friends and placing him under surveillance, Applicant gathered evidence indicating that he was having an illicit relation- ship with another woman and using heavy drugs. August, 1977; Missing Person Investigation (approximately ten days): A mother hired Applicant to locate her missing daughter. Applicant inter- viewed subject's friends, checked popular gathering places for teenagers, and eventually located her daughter at a local movie theater. February, 1979; Surveillance Investigation (three days): A wife hired Applicant to investigate conduct, habits, and movements of her husband who was neglecting his family responsibilities. Applicant placed him under surveillance and discovered that he was suffering from a serious drinking problem. February, 1979; Missing Person Investigation (three days): A mother hired Applicant to locate her missing 12-year-old son. Applicant found the subject by visiting his school and interrogating his friends and classmates. February, 1979; Surveillance Investigation (two weeks): A mother hired Applicant to locate and identify an individual who was selling illicit drugs to her son. With the assistance of the Orange Park Police Department, Applicant conducted a joint undercover investigation; she made a "buy" using marked money which resulted in the drug dealer's arrest and conviction. (Testimony of Harvey, Kosobud, Franasiak, Rose; P-3.) On several occasions, Applicant worked closely with and assisted Sergeant Mike Probst, Orange Park Police Department, in recovering stolen property and locating missing persons. Information which she gave to Sergeant Probst resulted in several drug arrests and convictions. (Testimony of Applicant; P-2.) Prior to opening ABC Locating Service, Applicant applied for and obtained a Clay County occupational license to engage in business as a clairvoyant. (She testified that she has unique psychic abilities which have sometimes proven helpful in locating missing persons.) Although she still has a clairvoyant license, she has little time available to practice that occupation; almost all of her energies are devoted to her investigation service. The two occupations are unrelated in that when she occasionally practices as a clairvoyant, she operates out of a separate building and keeps a separate set of business records. (Testimony of Applicant.) As part of her second application for a private investigator's license, Applicant executed an Affidavit of Experience (on a one-page Department form) attesting that she had conducted over 400 private investigations in the last three years; that those investigations involved locating missing persons, checking the background of employees and in-laws, recovering stolen property, investigating thefts, and aiding in the defense of accused persons. In an effort to supply additional specific information, she attached a 4 1/2 page, single-spaced description of 17 separate private investigations she had conducted from 1977 to 1980. In spite of this seemingly ample description and substantiation of her investigative experience, the Department concluded that "according to [its] . . . investigative report, you [Applicant] do not meet the [experience] requirements" for licensure. (R-1, R-2.) Yet, at hearing, the Department presented no investigator, no investigative report, no witnesses, and no evidence to rebut or controvert the testimony of Applicant. The only affirmative position taken by the Department was that the burden was on Applicant to demonstrate investigative experience sufficient for licensure under Chapter 493, Part 1, Florida Statutes (Supp. 1980).
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED: That the Department issue Applicant a private investigator's Class "C" license. DONE AND RECOMMENDED this 29th day of September, 1981, in Tallahassee, Florida. R. L. CALEEN, JR. Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 Telephone: (904) 488-9675 FILED with the clerk of the Division of Administrative Hearings this 29th day of September, 1981.
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.
The Issue The issue in this case is whether Petitioner Gilbert Hevia's application for a Class "C" private investigator's license should be granted.
Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following findings of fact are made: On November 18, 1993, Petitioner submitted an application dated October 18, 1993, to the Department for a Class "C" private investigator's license. Paragraph 8 of the application directed the applicant to list the sponsor and time period for any internship he had completed. Petitioner listed an internship under the sponsorship of Carlos A. Fernandez for the period from March 15, 1991 through September 17, 1993. In a letter dated February 24, 1994, Cindi Merritt, a Service Representative for the Department's Bureau of License Issuance, advised Petitioner that the Department was investigating his experience for the Class "C" license. The letter confirmed that the Petitioner was entitled to two months credit for investigative experience under the sponsorship of Mr. Rolando Baldomero of Tri-Star Security Systems, Inc. ("Tri-Star") from June 10, 1991 through August 1991. The record in this proceeding does not reveal how the Department became aware of Petitioner's experience with Mr. Baldomero since that internship is not listed on Petitioner's application. Apparently, Petitioner presented some supplemental information to the Department to be considered. However, it is not clear when or how such information was presented. At the hearing, the Department agreed that Petitioner was entitled to two months credit for his internship with Tri-Star. The February 24, 1994 letter states that the Department's service representative "asked Mr. Carlos A. Fernandez (who sponsored you after Mr. Baldomero) to complete the completion/termination of Sponsorship Form. Mr. Fernandez sent the completed form back on February 22, 1994. He indicated that he could not supply your dates of employment because he no longer had your records. He also stated 90 percent of your job duties entailed office work and that you did not successfully complete your internship with him." As set forth in the Preliminary Statement above, counsel for the parties apparently discussed and agreed prior to the commencement of the hearing in this matter that the sole issue to be resolved in this case was whether Petitioner's employment with Mr. Fernandez's company, CAF Associates, Inc. ("CAF"), qualified as lawfully gained investigative experience for purposes of Section 493.6203, Florida Statutes. Mr. Fernandez testified at the hearing and claimed that Petitioner's job duties with his company were mainly clerical and only 10 percent of Petitioner's work was investigative in nature. This contention is rejected as not credible. Mr. Fernandez has apparently decided to try to thwart Petitioner's effort to obtain his own license. The more persuasive evidence established that, from at least March of 1992 through September of 1993, Petitioner was intricately involved in all aspects of the operations of CAF, which is a private investigative agency. At some point during this time period, Petitioner was made President of the company. Respondent worked 45-60 hours a week for CAF. He did field work on his own and with subcontractors of the company. He was also actively involved in the administration of the business, but he only spent 5-15 hours per week on administrative duties. In sum, the evidence conclusively established that Petitioner had qualifying experience under Mr. Fernandez for at least eighteen (18) months from March of 1992 through September of 1993. It appears that Petitioner actually began working for Mr. Fernandez prior to March of 1992, but the exact date his employment began has not been established in this proceeding. Furthermore, it is not clear that Petitioner's job duties prior to March of 1992 would qualify as experience for purposes of Section 493.6203, Florida Statutes. As noted above, there is no dispute that Petitioner obtained two (2) months of qualifying experience with Tri-Star Security from June of 1991 through August of 1991. The evidence also conclusively established that Petitioner obtained qualifying experience with CAF from March, 1992 through September 1993. The evidence was not conclusive as to Petitioner's activities from August 1991 through March 1992. Thus, the evidence presented only established that Petitioner had twenty (20) months of qualifying experience. At the hearing, Petitioner claimed that he had several other forms of experience that qualified for credit under Section 493.6023(4), Florida Statutes. Specifically, Petitioner contended that he had successfully completed some college coursework in criminal justice and had also completed some law enforcement training. These items are not listed on his application. Petitioner testified that he completed two semesters of college work in "pre-law." No evidence was presented as to the specific courses taken, how many hours were completed or how such coursework should be translated into credit for purposes of the experience requirement of the statute. Subsequent to the hearing, Petitioner submitted certain additional information which he contends supports his claim to experience arising from matters not previously considered by the Department. As discussed in more detail below, the evidence presented was not sufficient to reach a conclusion as to the amount of credit, if any, which should be afforded to Petitioner for these matters. However, in view of the confusion arising from the stipulation as to the scope of the hearing, these matters should be reviewed and considered by the Department prior to the entry of a Final Order in this case. With his post-hearing submittal, Petitioner filed a Certificate of Completion awarded to him by the Southeast Florida Institute of Criminal Justice/Miami-Dade Community College. This information was apparently not provided to the Department when it initially reviewed Petitioner's application. The certificate indicates that Petitioner completed a course for "State Certified Security Training for "D" License" on September 13, 1990. Petitioner contends that this certificate evidences completion by Petitioner of "college coursework related to criminal justice, criminology, or law enforcement administration" or "law enforcement-related training received from any federal, state, county, or municipal agency" as described in Section 493.6203(4), Florida Statutes. The Department has not commented on whether this program can qualify under the statute. The evidence presented in this case was insufficient to conclude how much, if any, credit should be given to Petitioner for the completion of the training for the class "D" license. During the hearing, Petitioner claimed that his work experience while a member of the United States Marine Corps should also be considered towards the experience necessary for licensing. The evidence established that Petitioner was stationed in the Persian Gulf from approximately November 1990, through April 1991. During that period, he was assigned to an intelligence officer who was responsible for investigations and hearings in a wide variety of matters. Petitioner claims his job duties included investigation and quasi-law enforcement duties. Petitioner did not list his military experience on his application. Section VI of the Class "C" license application states that "if military experience is to be used towards satisfaction of the experience requirement . . ., a copy of [the Respondent's] DD 214 must be provided with the application." The required form has not been provided so Petitioner's military experience has not been verified. The Department contends that Petitioner deliberately submitted a misleading application that claimed he was employed by CAF from March 1991 through September 1993. The evidence presented in this case is insufficient to reach such a conclusion. There is obviously some confusion as to when Petitioner actually began working for CAF. This confusion has been exacerbated by Mr. Fernandez's claim that Petitioner's employment records have been lost. The more persuasive evidence in this case established that Mr. Fernandez has sought to keep Petitioner from obtaining a license. Petitioner apparently thought there was little doubt that he met the experience requirement. His application failed to list several matters that could potentially be credited towards the total experience needed for licensure. The evidence in this case, however, is insufficient to conclude that the twenty- four (24) month total has been met.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Petitioner has gained eighteen (18) months of verifiable full-time experience or training as a result of his employment with CAF and two (2) months as a result of his employment with Tri-Star. Petitioner should be afforded an opportunity to produce additional evidence within sixty (60) days to establish that he has met the remaining four (4) months experience requirement. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 7th day of December 1994. J. STEPHEN MENTON 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 7th day of December 1994. APPENDIX TO RECOMMENDED ORDER Both parties have submitted Proposed Recommended Orders. The following constitutes my rulings on the proposed findings of fact submitted by the parties. Petitioner's Proposed Findings of Fact. Addressed in the preliminary statement and in Findings of fact five (5). Rejected as unnecessary. The evidence did not establish that Mr. Fernandez was a formal sponsor pursuant to Section 493.6116. Rejected as argumentative. Adopted in substance in Findings of Fact five (5), six (6) and seven (7). (7). Adopted in substance in Findings of Fact five (5), six (6) and seven Rejected as unnecessary. Adopted in substance in Findings of Fact seven (7). Addressed in the Preliminary Statement and in Findings of Fact eleven (11). Subordinate to Findings of Fact twelve (12). Subordinate to Findings of Fact thirteen (13). Respondent's Proposed Findings of Fact. 1-2. Adopted in substance in the Preliminary Statement. Adopted in substance in the Preliminary Statement. Adopted in substance in Findings of Fact one (1) and two (2). Subordinate to Findings of Fact two (2) and fourteen (14). Adopted in substance in Findings of Fact thirteen (13). Subordinate to Findings of Fact five (5), six (6), and seven (7). Adopted in substance in Findings of Fact three (3) and seven (7). COPIES FURNISHED: Richard R. Whidden, Jr., Esquire Assistant General Counsel Department of State/Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 J. James Donnellan, III, Esquire 1900 Brickell Avenue Miami, Florida 33129 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
Findings Of Fact In 1993, Respondent Carl Clausen, along with some acquaintences, was interested in opening a private investigative business or becoming associated with a private investigative agency. Mr. Clausen had an extensive background in police investigative and security work and was well qualified to be licensed as a private investigator. In pursuit of getting into the business of private investigations, Mr. Clausen attended a business recruiting meeting held by a private investigative company on March 19, 1993. Ms. Bronson, owner of Prosearch International, then the holder of a valid Class A Private Investigative Agency license, also attended the meeting where she met Respondent. After the meeting, Ms. Bronson and Respondent discussed various ways he might became associated with her investigative agency in order to expand the services Prosearch could offer potential clients. These discussions included buying part or all of Prosearch. At some point after the recruiting meeting, Ms. Gentry, a local attorney in Tallahassee, Florida, was appointed to represent a man accused of murder in Quincy, Gadsden County, Florida. Ms. Gentry felt the defense team needed an experienced investigator who could effectively work within a predominately minority community in Quincy. Ms. Gentry contacted Ed Rawls about possibly working the case. However, Mr. Rawls was a reserve Gadsden County Sheriff's Deputy, and had an obvious conflict in investigating the case for Ms. Gentry. Mr. Rawls recommended Mr. Clausen as a potential investigator. Ms. Gentry called Mr. Clausen on March 24, 1993, and requested that he come the next day for an interview. On March 25, 1993, Mr. Clausen asked Ms. Bronson to meet him for lunch to discuss her employing him as an intern private investigator. An intern private investigator holds a Class "CC" license once the sponsorship becomes effective. Eventually, the intern can obtain a Class "C" investigative license. Mr. Clausen and Ms. Bronson met for lunch and Ms. Bronson agreed to sponsor Mr. Clausen. Mr. Clausen also told Ms. Bronson about his scheduled meeting with Ms. Gentry. Soon after the meeting, Ms. Bronson left town to take care of some personal matters. After lunch, Mr. Clausen went directly to Ms. Gentry's office for the meeting she had scheduled. Ms. Gentry interviewed Respondent to determine whether he had the experience and ability to perform the investigation she felt was necessary to prepare for her client's murder trial. Ms. Gentry discussed some general details of the case with Respondent in order to more fully assess Respondent's abilities to investigate her case should the Respondent become licensed as an investigator. Respondent did not receive the case file from Ms. Gentry, nor did Respondent receive information such as addresses which would have enabled him to begin an investigation. Ms. Gentry felt that Mr. Clausen was very well qualified. At the initial meeting Respondent made it very clear to Ms. Gentry that he would not begin any investigation until he was properly licensed or could conduct the investigation under one of the exemption categories in Chapter 493, Florida Statutes, such as an employee for an attorney. Mr. Clausen also told Ms. Gentry he was not at present in business as a private investigator, but that he wanted to be and was working on the prospect. However, Ms. Gentry did not want to deal with the paperwork or potential liability of an employment relationship with Mr. Clausen. Therefore, Mr. Clausen needed to become licensed as quickly as possible so that the investigation could begin. Respondent and Ms. Gentry met again on March 30, 1993. However, the meeting contered on the quickest way Respondent could become licensed as an investigator. Mr. Clausen also told Ms. Gentry that his license would most likely be in order April 2, 1993, when Ms. Bronson, through Prosearch, would return to formalize his application at the Department of State for the internship. In short, Mr. Clausen would have a Class "CC" license. Prior to licensure as a Class "C" or "CC" licensee, Respondent did not advertise or solicit any investigative business on his behalf. Respondent only participated in an employment interview for future employment after he was licensed and discussed various methods of becoming legally able to pursue Ms. Gentry's case. Likewise no investigation was begun prior to his licensure. On April 2, 1993, Ms. Bronson filed Respondent's sponsorship papers and Respondent filed an application for a Class "CC" Private Investigator Intern license issued under Chapter 493, Florida Statutes. Because of the sponsorship, Respondent was employed by Prosearch International, a Class "A" private investigative agency, under Chapter 493, Florida Statutes. Ms. Bronson furnished Mr. Clausen with letters of introduction and appointment as her investigator. These letters were given to Ms. Gentry and a contract for services was entered into. On April 6, 1993, Ms. Gentry met with Mr. Clausen at her office where he was furnished with names, addresses, physical evidence and access to Ms. Gentry's case file. The case file contained police reports and probable cause affidavits on the case. Ms. Gentry requested Mr. Clausen to proceed immediately with the investigation. Mr. Clausen began the investigation on the morning of April 7, 1993, by interviewing the defendant in jail. Around April 21, 1993, Prosearch presented its first invoice for services to Ms. Gentry. The invoice contained charges for Mr. Clausen's meetings on March 25 and 30, 1993. However, the charges were not for investigative services. Ms. Gentry felt it was appropriate for Prosearch to bill for those hours even though she was aware no investigative work had begun and she had no contract with Respondent or Prosearch until April 6, 1993. Thereafter, Gadsden County paid the first invoice to ProSearch. Aroung May 7, 1993, ProSearch submitted a second invoice to Ms. Gentry. The investigation and report were completed and delivered by Ms. Bronson to Ms. Gentry's office around June 22, 1993. Both Ms. Gentry and Ms. Bronson praised Mr. Clausen's investigation and report as excellent. From March 25, 1993, to July 3 or 4, 1993, discussions between Mr. Clausen and Ms. Bronson regarding the future organization and market strategy for ProSearch or another business occurred almost daily. At the July meeting it became clear that Ms. Bronson had decided to associate with two others and gave Mr. Clausen a ProSearch check for his commission on the first invoice. On July 6, 1993, Ms. Bronson sent letters firing Mr. Clausen and notifying the Division that she would no longer sponsor Mr. Clausen. However, there was still billable time for investigative services outstanding for the investigation for Ms. Gentry. Additionally, Mr. Clausen was due his commission for those hours. Ms. Bronson said she had no money to pay wages or workman's compensation and therefore did not have funds to pay Mr. Clausen's his commission or expenses. Anxious to resolve the situation and not having contact with Ms. Bronson, Mr. Clausen submitted a final invoice on Specialty Security Services, Inc., letterhead to Gadsden County. The invoice referenced the first and second ProSearch invoices, showing the first invoice as paid and the second invoice as unpaid. The Gadsden County Commission approved and paid the invoice. Mr. Clausen used Special Security Services, Inc., letterhead because his word processor is programmed to always include the "Special Security Services, Inc." (SSS) letterhead. Otherwise, Special Security Services, had no role in this matter and should be dismissed as a party. Further, none of Mr. Clausen's activities violates Chapter 493, Florida Statutes. Therefore, the administrative complaint against Respondent should be dismissed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is accordingly, RECOMMENDED: That the Department of State, Division of Licensing, enter a Final Order finding that Respondent has not violated Chapter 493, Florida Statutes, or Chapter 1C-3.122(2), Florida Administrative Code, and that the petition be dismissed. DONE and ENTERED this 30th day of December, 1994, in Tallahassee, Florida. DIANE CLEAVINGER 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 30th day of December, 1994. APPENDIX TO CASE NO. 94-0853 The facts contained in paragraphs 4 and 6 of Petitioner's Findings of Fact are adopted in substance, insofar as material. The statements contained in paragraphs 1, 5 and 7 of Petitioner's Proposed Findings of Fact were subordinate. The statement contained in paragraph 3, of Petitioner's Proposed Findings of Fact were not shown by the evidence. The facts contained in paragraphs 3, and 4 of Respondent's Proposed Findings of Fact are subordinate. The facts contained in paragraphs 1, 2, 5, 6, 7, 8, 9, 10, 11 and 12 of Respondent's Proposed Findings of Fact are either introductory or conclusions of law. COPIES FURNISHED: Kristi Reid Bronson Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 John Wardlow Attorney at Law Post Office Box 84 Tallahassee, Florida 32302 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399 Phyllis Slater General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399
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 =================================================================
