The Issue The issue presented for decision herein is whether or not the Respondent's private investigator licenses should be revoked based on conduct, set forth hereinafter in detail contained in an Amended Administrative Complaint filed herein mailed October 11, 1985. Preliminary Statement The Petitioner, Department of State, Division of Licensing, issued an Administrative Complaint to assess an Administrative fine against Respondent Arthur Letourneau, on November 9, 1984. The complaint was amended on March 5, 1985. A second amended complaint was issued on October 11, 1985 seeking revocation of Respondent's license. That complaint is the charging document which is the focus of this hearing. That document alleges as follows: Count I: The Respondent operated a private investigative agency for hire utilizing unlicensed investigators and process servers prior to becoming licensed as a Class "A" agency in violation of Sections 493.319(1)(g) and 493.304(1), Florida Statutes. Count II: The Respondent performed the services of a Private Investigator for hire without a Class "C" license in violation of Section 493.319(1)(g); Count III: Respondent has incurred and has failed to satisfy two judgments for outstanding fees for private investigations which constitute misconduct under Section 493.319(1)(f). The investigations were performed by David Tracy and Anthony Luizzi and judgments and fees are outstanding in the amount of $5,314.44 (Tracy) and $1,731.00 (Luizzi). At the hearing, Respondent's Counsel filed an ore tenus Motion for Continuance of the hearing based on a claimed lack of timely notice to prepare for the hearing. Respondent's Motion was tentatively denied. 1/ Additionally, Respondent's Counsel challenged the constitutionality of Chapter 493, Florida Statutes, alleging, inter alia that the referenced statute violated Respondent's due process in that the statute was overbroad, ambiguous and may involve the prohibition of innocuous activities. Counsel also alleged that the statutes as enacted violated Respondent's First Amendment Right to freedom of speech. Finally, Respondent's counsel averred that conduct proscribed by Section 493.301, F.S. involved conduct which although improper to be engaged in by an unlicensed investigator, is the type conduct considered permissible by attorneys utilizing the services of investigators. The undersigned lacks authority to render determinations of the alleged unconstitutionality of statutes and therefore denied Respondent's Motion to Dismiss based on the alleged unconstitutionality of Chapter 493, Florida Statutes.
Findings Of Fact During times material, the Petitioner, Division of Licensing is the state agency having authority and jurisdiction to license and regulate private investigators and private investigative agencies pursuant to Chapter 493, Florida Statutes. Respondent, Arthur Leteurneau, applied for a Class "C" private investigator's license and a Class "A" private investigative agency's license on April 9, 1984. (Petitioner's Exhibit 2). The applied for licenses were issued to Respondent on September 21, 1984. Respondent holds Class "A" private investigative agency's license No. GA8400007 and Class "C" private investigation's license No. GC0400013, both effective September 21, 1984. Prior to his licensure in Florida, Respondent worked (in Florida) for various attorneys and law offices in Dade and Broward counties. (TR 211-225; Petitioner's Exhibit 1. Respondent performed a variety of services for said attorneys including the photographing of accident scenes, taking sworn witness statements, locating the whereabouts of witnesses and other persons and service of legal process. Additionally, while working for attorney Richard Auerbach, Respondent recruited two other individuals, Anthony Liuzzi and David Tracy to assist him in the performance of investigative work. David Tracy worked with Respondent from January thru September, 1983. (TR 91-95). Respondent gave Tracy specific work assignments such as the taking of witness statements, photographing accident scenes and completing client's interview sheets. At the time Tracy performed the services, he was not licensed as a investigator or as an intern. Tracy worked without a surety bond or insurance. A dispute arose between Respondent and Tracy concerning the payment of fees for Tracy's services. Tracy filed a claim against Respondent in Circuit Court, Broward County, regarding the payment for services and on September 18, 1984, a judgment was entered in his behalf in the amount of $5,314.44 for services rendered. (Petitioner's Exhibit 4, TR 100-103). That judgment was outstanding at the time of this hearing. (TR 107). Anthony Liuzzi began working with Respondent in July, 1883 and continued through September, 1983. At the time Liuzzi was a licensed investigator intern and was working under the sponsorship and insurance of the Intercounty Investigative Agency. (TR 133). Liuzzi, like Tracy, also assisted Respondent in completing work assignments including taking pictures of accident scenes, researching property ownership, interviewing clients and taking witness statements relating to personal injury claims. Like Tracy, Liuzzi also had a dispute with Respondent over fees for his services and filed a claim in Circuit Court for unpaid wages in the amount $1,731.00. Liuzzi received a judgment against Respondent in the amount climbed which was unsatisfied at the time of the hearing herein. (Petitioner's Exhibit 4; TR 138- 139). Prior to his licensure, Respondent spoke to several employees employed by Petitioner concerning the requirements for and his need to obtain an investigator's license in circumstances similar to the arrangements he had with the several lawyers for whom he performed investigative work. Excluding employee Pam Pingree, Respondent was advised (by Petitioner's staff) that he was not required to be licensed by Petitioner. Ms. Pingree advised Respondent that although it was not required that he be licensed, inasmuch as he was eligible for licensure and to remove any cloud concerning the need for him to be licensed, he should apply for and obtain a license. Respondent first spoke to Petitioner's employee Seymour Klosky on August 20, 1980. During the meeting with Klosky, Respondent also net with John Bianco, an investigator employed by Petitioner. Respondent later met with Harvey Matthews, also an employee of Petitioner, who related that what he was doing was permissible based on Respondent's detailed description of the manner in which he conducted assignments for the various attorneys. Respondent met with Matthews on October 8, 1983 and on February 9, 1984. TR 207-208. During the February 9, 1984 meeting with Matthews, Respondent requested a meeting with Pam Pingree who advised him of Petitioner's policy with respect to the need for licensure to engage in the type work that he was performing for attorneys. Ms. Pingree related that it "wasn't the policy of the Department to prosecute people if they have the qualification [Respondent] had, why don't he [Respondent] get a license." (TR 208). Respondent agreed to, and in fact applied for licenses, as indicated, on April 9, 1984. Respondent's application for licensure was investigated by Petitioner's employee Richard Chauncy. Respondent was investigated by investigator Chauncy on April 10, 1984. During the investigation, Respondent offered his experiences with law firms in Dade and Broward Counties as examples of the investigative experience he had. Additionally, Respondent listed his experience as a Deputy Sheriff with the Cook County Sheriff's office in Chicago, Illinois. Respondent was employed by the Cook County Sheriff's office from December 1970 thru July, 1979 as a Deputy Sheriff. Respondent also served as a private investigator in Chicago from the period June, 1970 to October, 1981 as a self employed private investigator on a part time basis. Petitioner was well aware of the fact that Respondent conducted private investigative work for various law firms in the Miami area during a period in which he was not licensed as a private investigator or licensed to conduct a private investigative agency. (Petitioner's Exhibit 1) Additionally, Petitioner was aware that Anthony Liuzzi and David Tracy had filed complaints against Respondent based on the dispute for unpaid wages which is the subject of the amended administrative complaint filed herein. (Petitioner's Exhibit 1, Page 3, Section v.) Additionally, Liuzzi had filed with Respondent at least three complaint letters which were the subject of investigation by Petitioner, prior to the time Respondent filed his application for licensure. (Respondent's Exhibits 1, 3 and 4). The judgments, which are the subject of the amended administrative complaint, were entered shortly (three days) prior to Respondent's licensure. The operative facts forming the basis for the issuance of the judgments involve the disputed wage claims of Anthony Liuzzi and David Tracy. Respondent was qualified to hold a private investigative and private investigator's agency license based on the experience requirements set forth in Section 493.306(4), Florida Statutes (1985). Petitioner's policy is to "take disciplinary action against an applicant who performs investigative services without a license, generally in the form of an administrative fine, and at the same time grant an otherwise qualified person a license." (TR 26-28, Testimony of Petitioner's Division Director, Shelley Bradshaw). All of the work performed by Respondent, which is the basis of the complaint filed herein, was work performed prior to Respondent's licensure either as a private investigator or a private investigative agency.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Amended Administrative Complaint filed herein be DISMISSED with prejudice. RECOMMENDED this 15th day of December, 1986, in Tallahassee Florida. JAMES E. BRADWELL 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 15th day of December, 1986.
Findings Of Fact At all times material hereto, respondent, Wenceslao Manuel Lora (Lora), was the chief executive officer of, as well as a director of, respondent, ABA Professional Association, Inc. (ABA), a business located in Miami, Florida. On November 6, 1990, the Florida District Court of Appeal, Third District, affirmed the decision of the Department of State, Division of Licensing, to revoke the licensure of Lora, a private investigator and repossessor, based on his 1985 conviction for burglary, unlawful interception of oral and wire communication, and criminal conspiracy. Since such time, neither Lora nor ABA have been licensed to provide private investigative services in the State of Florida. In April 1991, Lora met with a salesperson for Bellsouth Advertising & Publishing Corporation (Southern Bell) to renew the advertisements ABA had run in the Southern Bell yellow page directory for Dade County, Florida, the previous year. As ultimately approved by Lora in June 1992, the display advertisement for the 1991-92 yellow page directory was substantially the same as that run the prior year, and ABA secured listings under the yellow page headings of "Detective Agencies," "Investigators," "Lie Detection Services," and "Polygraph Examiners & Service." As published in the September 1991 Southern Bell yellow page directory the display advertisement appearing under the yellow page heading of "Detective Agencies" stated that ABA was available to provide the following services: . MISSING PERSONS-SPECIALTY WITH CHILDREN . SURVEILLANCE-VIDEO-PHOTOGRAPHY . INTELLECTUAL ELECTRONIC COUNTERMEASURES . BACKGROUND INVESTIGATIONS (CRIMINAL & CIVIL) . REPORTS WITHIN MINUTES . MULTI LINGUAL STAFF . INTELLIGENCE DATA AVAILABLE & FINANCIAL REPORTS . POLYGRAPH TEST The display advertisement further represented that most major credit cards were acceptable forms of payment, and that ABA was licensed, bonded and insured. In addition to the display advertisement that appeared under the heading "Detective Agencies," the 1991-92 Southern Bell yellow page directory also carried at Lora's request, a similar, although smaller, display advertisement for ABA under the heading of "Investigators," and under the headings of "Lie Detection Services" carried ABA's name and telephone number and under the heading "Polygraph Examiners & Service" directed the reader to "See Our Ad At Detective Agencies." As a consequence of the appearance of the foregoing advertisements in the 1991-92 Southern Bell yellow page directory, petitioner filed the administrative complaint at issue in this proceeding, which charges respondents with violating the provisions of Section 493.6118(1)(g), Florida Statutes, by conducting or advertising the business of a private investigative agency after revocation of licensure. However, apart from demonstrating that respondents advertised as providing, for consideration, private investigations, there was no compelling proof that, as a consequence of such advertisements or otherwise, the respondents actually engaged in the business of furnishing private investigations. 1/
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that a final order be rendered finding the respondents guilty of violating Section 493.6118(1)(g), Florida Statutes, and imposing an administrative fine in the sum of $1,000.00 against respondents, jointly and severally. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 6th day of November 1992. 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 6th day of November 1992.
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
The Issue The issues in this case are whether the Respondent, the Department of State, Division of Licensing, should grant the Petitioner’s application for a Class “C” Private Investigator license and the application he filed as President on behalf of Info, Inc., for a Class “A” Private Investigative Agency license.
Findings Of Fact The Petitioner’s Class “C” Application The Petitioner applied for his Class “C” Private Investigator license on April 29, 1996. The application included the Petitioner’s Affidavit of Experience, which represented the following qualifying experience: employment with Telephonic Collections, Inc., from 3/91 to 9/93, during which employment the Petitioner devoted himself full-time to: “credit and asset investigations for recovery of debts; did skip-tracing full-time to locate subjects for debt recovery; utilized collection network and data base information.” Joseph Apter, President of Telephonic Collections, Inc., was listed as the individual who could verify this employment. employment with Telephonic Info, Inc., from 9/93 to 2/96, during which employment the Petitioner devoted himself full-time to: “administrative processing of investigation files; computer data base research and information recovery; computer preparing or reports; administrative dutys [sic] in investigation agency.” Joseph Apter, President of Telephonic Info, Inc., was listed as the individual who could verify this employment. employment as an auxiliary policeman with the City of West Haven, Connecticut, from 1965 to 1967, during which employment the Petitioner devoted himself part-time as follows: “received police training and performed assignments as required.” The Petitioner did not specify how much time was devoted to those duties. Captain Stephen D. Rubelman was listed as the individual who could verify this employment. Processing of the Petitioner’s Applications The Respondent began the process of verifying the information in the Petitioner’s Class “C” application on May 8, 1996, when it had referred the Petitioner’s fingerprint card to the Florida Department of Law Enforcement (FDLE) for a criminal history. The Respondent subsequently began its own verification of the information in the application by telephoning Apter. On June 26, 1996, the Respondent telephoned Apter, who verified the representations in the Petitioner’s application as to his experience with Telephonic Collections. Specifically, Apter stated that Telephonic Collections was a collection agency and that, for two years and five months, “100% of the applicant’s job was skiptracing [sic] individuals with delinquent accounts for the purpose of collecting the money owed to creditor.” Since this experience exceeded minimum requirements, no further verification was considered necessary, and the Respondent awaited the criminal history report from the FDLE. While the Respondent was awaiting the criminal history report from the FDLE, the Petitioner telephoned the Respondent to inquire as to the status of his application. On August 2, 1996, after being told the status, the Petitioner filed an application as president on behalf of Info, Inc., for a Class “A” Private Investigative Agency license. Eventually, on August 27, 1996, the Respondent received the Petitioner’s criminal history report from the FLDE, and it showed no reason not to grant the Petitioner’s applications. But earlier in August, Garry Floyd, an investigator in the Respondent’s Tampa office, learned that the Petitioner had filed applications for licensure. From prior dealings with the Petitioner and Apter, Investigator Floyd was unaware that the Petitioner had any qualifying experience. To the contrary, during a June 1994, investigation Floyd was conducting into unlicensed activities by employees of Telephonic Info, a licensed private investigation agency, the Petitioner emphatically denied that he was conducting investigations for the company. The Petitioner told Floyd that the Petitioner did not know how to conduct an investigation and did not want to know how; he said his role in the company was strictly administrative. Investigator Floyd obtained a copy of the Petitioner’s applications and saw the Petitioner’s representations as to his experience with Telephonic Info as well as Telephonic Collections. Since those representations did not comport with statements the Petitioner made to Floyd in June 1994, and did not comport with Floyd’s understanding as to the nature of the Petitioner’s experience, Floyd recommended on August 13, 1997, that the Respondent allow him to investigate further before approving the Petitioner’s applications and issuing any licenses. During his investigation, Floyd obtained statements from three individuals thought to be former employees of Telephonic Collections to the effect that they had no knowledge of any skip- tracing or other investigative work being conducted by the Petitioner. All three—C.J. Bronstrup, Jason Gillard, and Duncan Tate—thought that the Petitioner’s role was strictly administrative. Investigator Floyd also was aware that Apter’s applications for renewal of his Class “C” and Class “A” licenses had been denied due to what Floyd understood to be a felony conviction. (Although Apter’s testimony on the criminal charges against him was confusing, it would appear that he entered a plea on the felony charge, and adjudication was withheld. There apparently also were unconnected charges of perjury against him, but the disposition of those charges is not clear from Apter’s testimony.) Finally, Investigator Floyd also recalled that Apter once told Floyd that Apter thought he might have the beginnings of Alzheimer’s disease. For these reasons, Investigator Floyd recommended that the Respondent not credit the Petitioner with any qualifying experience from his employment with Telephonic Collections and also recommended that the representations on the application regarding that employment experience be considered fraudulent misrepresentations. When the Petitioner’s experience with Telephonic Collections was called into question, the Respondent attempted to verify the Petitioner’s experience with the City of West Haven Police Department but was unable to contact Stephen Rubelman at the telephone number given in the application. (According to the Respondent’s witness, “the phone rang off the hook.”) Then, on September 26, 1996, the Respondent telephoned the City of West Haven Police Department but was informed that the Respondent’s employment there between 1965 and 1967 was too old to verify. For these reasons, on September 27, 1996, Investigator Floyd recommended that the Respondent deny the Petitioner’s applications. On October 7, 1996, the Respondent mailed the Petitioner a letter giving notice of intent to deny the Petitioner’s applications. The letter was addressed to the Petitioner as president of INFO, Inc., at “13575 - 58 Street North, Clearwater, Florida 34620.” This mailing was returned undelivered on October 14, 1996, and the letter was returned undelivered. On October 15, 1996, the letter was re-sent in another envelope to “Post Office Box 1241, Largo, Florida 34649,” the mailing address on the Class “A” application. But apparently this time the mailing was returned for postage. The envelope was meter-stamped on October 26, and was received by the Petitioner on October 29, 1996. Verification of Petitioner’s Qualifying Experience The Petitioner did not directly dispute the testimony of Investigator Floyd as to what the Petitioner told him during Floyd’s June 1994, investigation. See Finding 5, supra. Instead, the Petitioner testified essentially that he in fact knew how to do skip-tracing and conduct investigations, having been taught and trained by Apter, and that the Petitioner had extensive experience doing skip-tracing and conducting investigations working for Telephonic Collections, which was a debt collection agency. While not directly disputing Floyd’s testimony as to what the Petitioner said to Floyd, the Petitioner alleged that Floyd may have been biased against him (due to his association with Apter) and suggested that Floyd knew or should have known that the Petitioner knew how to do investigation work because Floyd once asked the Petitioner to get some information for him and watched as the Petitioner placed a pretext call. Regardless of Floyd’s alleged bias or pertinent knowledge, it is found that Floyd accurately related what the Petitioner said to him and that the Petitioner’s purpose in making those statements was to avoid any further investigation into whether the Petitioner also was participating in unlicensed investigative activities during his employment by Telephonic Info. Even assuming that the Petitioner did skip-tracing and investigations for Telephonic Collections, it is clear from the testimony that the Petitioner did not do skip-tracing and investigations full-time, 100 percent of the time, as represented in the Class “C” application and as verified by Apter upon telephone inquiry. At final hearing, Apter testified that, when he verified the Petitioner’s experience for the Respondent on June 26, 1996, he did not mean that the Petitioner had no other duties but rather that the Petitioner did no collection work— i.e., the collection employees would take the information the Petitioner developed from his skip-tracing and asset location efforts and telephone the debtors to try to get satisfaction of the debt. Apter conceded that the Petitioner also had administrative duties. It is the Respondent’s policy, when an applicant has employment experience in a full-time job that involves some investigative work or training in addition to other duties, to credit the applicant for a pro rata amount of qualifying experience based on the quantifiable percentage of time devoted to the investigative work or training. It could not be determined from the evidence what percentage of the Petitioner’s work at Telephonic Collections was devoted to skip-tracing and investigation work and how much was administrative. The Petitioner and Apter testified that Apter trained the Petitioner in skip-tracing and investigation work and that the Petitioner did a substantial amount of skip-tracing and investigation work from March 1991, through September 1993; but both conceded that the Petitioner also had administrative duties. Apter did not break down the Petitioner’s time spent between the two. The Petitioner made a rough approximation that 25 percent of his time was spent on administrative matters. Sharon Jones, who worked for both Telephone Collections and Telephone Info, testified that the Petitioner did some skip-tracing work, as well as other duties, between June through September 1993, but she also could not estimate the percentage of time spent between the two. Other witnesses, including Bronstrup and Tate, were not aware that the Petitioner was doing any skip-tracing at all during the times they were working for Telephonic Collections. (Bronstrup worked there for approximately ten weeks between March and June 1993; Tate worked there from February 1993, through the time it became Telephonic Info in September 1993.) In partial response to the testimony of Bronstrup and Tate, the Petitioner suggested that it was not surprising for them not to be aware of the Petitioner’s skip-tracing and other investigative work because much of it was done at the Petitioner’s home after hours and because most of the employees were treated on a “need to know” basis. (The Petitioner also contended that Bronstrup did not spend much time at work for Telephonic Collections, as he also had another part-time job and did some personal investigation work on the side.) But even if it is true that the Petitioner did much of his skip-tracing and other investigative work at home after hours, only the Petitioner and Apter even knew about it, and the amount of time the Petitioner spent doing investigative work at home clearly was not verified. The Petitioner continues to maintain that he stopped doing any skip-tracing or investigative work after Telephonic Collections, the debt collection agency, ceased doing business and became Telephonic Info, the private investigation agency. As for the Petitioner’s experience as a part-time auxiliary policeman with the City of West Haven police department, the application does not give any indication as to how much time, if any, the Petitioner spent doing investigation work or being trained in that work. The Rubelman affidavit introduced in evidence to verify his experience likewise does not give that kind of information. It only states generally that the Petitioner received training in and assisted in police work. It does not indicate that any of the training or work was in investigations. It also indicates that no records of the Petitioner’s employment exist and that Rubelman cannot reconstruct even the months the Petitioner worked, much less what the work consisted of. Although it is not clear, at final hearing it appeared that the Petitioner may have been claiming credit for work he did collecting Telephonic Info’s accounts receivable. However, the amount of any such work was not quantified. It also appeared at final hearing that the Petitioner also was claiming credit for doing background investigations on prospective employees of Telephonic Info. However, the Petitioner also did not quantify the amount of any of this work. Alleged Fraud or Willful Misrepresentation The Petitioner stated in the Affidavit of Experience in his Class “C” application that the “approximate percentage of time devoted to” the qualifying skip-tracing and investigation duties listed for his employment with Telephonic Collections from March 1991 to September 1993 was “full time.” This statement clearly was false. All of the witnesses confirmed that the Petitioner spent at least some time doing administrative work; several thought that was all the Petitioner was doing. The Petitioner conceded in his testimony at final hearing that at least 25 percent of his time was devoted to administrative work, and it is found that the actual percentage probably was much higher. Unlike Apter, the Petitioner made no attempt to explain his false representation, and it is found to be a fraudulent or willful misrepresentation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of State, Division of Licensing, enter a final order denying both the Petitioner’s Class “C” license application and his Class “A” license application. RECOMMENDED this 22nd day of July, 1997, at Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of July, 1997. COPIES FURNISHED: Harry P. Schlenther 12155 Meadowbrook Lane Largo, Florida 33774 Kristi Reid Bronson, Esquire Department of State Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Sandra B. Mortham, Secretary Department of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact Richard K. Black submitted his application for a Class "A" Private Investigative Agency license and a Class "C" Private Investigator license to the Department of State on November 11, 1982, together with all the fees. By letter dated November 19, 1982, the Department advised Mr. Black of the approval of the issuance of the Class "A" license subject to certain qualifications, which were not challenged by Mr. Black and are not at issue. By letter dated November 18, 1982, the Department advised Mr. Black that it had denied his application for licensure as a Class "C" Private Investigator because Mr. Black failed to meet the experience requirements of Section 493.306(4), Florida Statutes. Mr. Black made a timely request for a formal hearing pursuant to Section 120.57, Florida Statutes. The parties have stipulated that Mr. Black is qualified to hold a Class "C" Private Investigator license except for his lack of experience. Investigative activities of a private investigator include, but are not limited to, searching records, interviewing witnesses, making personal observations of physical evidence, conducting surveillances, and reporting the results and conclusions of these activities. While a student at Broward Community College during 1974 and 1975, Mr. Black served as a member of the "504 Committee," a volunteer organization whose purpose is to assist persons protected by Section 504 of the Federal Rehabilitation Act of 1973. Mr. Black's primary duties with said committee consisted of receiving complaints of alleged violations of the Rehabilitation Act concerning lack of physical access to public facilities, taking physical measurements of said facilities, performing library research to determine the applicability of the Act to said facility, and attempting to obtain compliance of the owner of the facility when a violation was found. Of these duties, the interviewing process and taking physical measurements would be qualified experience. No evidence was presented by Mr. Black regarding the specific amount of time which he devoted to these functions. While a student at Broward Community College during 1976 and 1977, Mr. Black engaged in a volunteer voter registration project for the handicapped. Mr. Black's primary duties in this regard consisted of obtaining voter registration data from public records, identifying areas in which registration of the handicapped was low, conducting house-to-house registration drives in said areas, writing letters, and arranging car pools. None of these activities qualify as experience for licensure as a private investigator. Mr. Black served as a volunteer firefighter for the North Andrews Volunteer Fire Department from 1972 to 1976. During this time, he attended a bomb and arson investigation seminar and assisted in a few arson investigations. Mr. Black did not document the specific number of investigations which he conducted or the amount of time spent in said investigations. During 1979 and 1980, during the tenure in office of Sheriff Ken Katsaris, Mr. Black served as a volunteer "special deputy" in Leon County. Mr. Black's primary duties consisted of inspecting polling places in the county to determine if proper access existed for the physically handicapped and reporting non-complying conditions to the Sheriff. While not all of Mr. Black's activities were qualified experience, he spent approximately 120 total hours on all activities in this project in 1980. For approximately three months, from August until October 1981, Mr. Black served as a nonpaid intern with the Florida Parole and Probation Services. Approximately 50 percent of this time was devoted to the qualified activities of locating probationers and parolees and assisting in investigations. Mr. Black assisted in processing service-connected or related disability claims for disabled veterans on a volunteer basis in the Leon County area. He assisted on five or six cased during the last several years. No evidence was submitted to document the specific amount of time Mr. Black devoted to the investigation of these claims. Mr. Black assisted the Alburquerque, New Mexico, police in locating the whereabouts of a fugitive from justice. This assistance was as a volunteer, and Mr. Black testified that he spent 20 to 25 hours a week for three months on this project. While attending Florida State University, Mr. Black participated in various programs to assist handicapped students. These activities are similar to the activities in which Mr. Black engaged as described in Paragraph 6 above. No evidence was presented as to the amount of time spent in qualified investigative activities during this time period. Mr. Black completed a four-day course in crisis intervention in 1981. Mr. Black obtained a Bachelor of Science degree in psychology from Florida State University. Although some of his course work in general subjects would be the same as the general course work required for a degree in criminology and some of the psychology courses which Mr. Black took would be helpful to an investigator, none of the course work which Mr. Black took is directly related to training as a private investigator. In evaluating the experience requirement for a Class "C" Private Investigator experience which is substantially identical and equal in force, power, effect and import as the experience gained in actually performing the services of a private investigator as a Class "CC" intern investigator. In evaluating the amount of time spent in investigative activities, the Department applies a standard 40-hour work week to the hours submitted by the applicant. The Department does not count volunteer experience in evaluating whether an applicant has met the time requirement unless the number of hours worked and the supervision exercise can be fully documented. Mr. Black has never been licensed as a Class "CC" intern investigator.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the application of Richard K. Black for licensure as a Class "C" Private Investigator be denied. DONE and RECOMMENDED this 20th day of May, 1983, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, 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 20th day of May, 1983. COPIES FURNISHED: Mr. Richard K. Black 249 Oakview Drive Tallahassee, Florida 32304 Stephen Nall, Esquire Office of General Counsel Department of State The Capitol Tallahassee, Florida 32301 The Honorable George Firestone Department of State The Capitol Tallahassee, Florida 32301
The Issue Whether Respondent, Carswell Investigations, Dexter B. Carswell, owner, committed the violations alleged in the administrative complaint dated September 20, 1995; and, if so, what penalty should be imposed.
Findings Of Fact At all times material to the allegations of this case, Respondent held a class "A" private investigative agency license, number A94-00095; a class "C" private investigator license, number C93-00488; and a class "G" statewide firearm license, number G94-02105. Petitioner is the state agency charged with the responsibility of regulating such licenses. On August 22, 1994, Respondent, Dexter B. Carswell, was in Bibb County, Georgia. On that date, Respondent was riding in an automobile which went onto the school grounds of the Northeast High School, a Bibb County school property where Richard Harned was employed as a campus police officer. Posted conspicuously on those grounds were signs which notified the public that persons, vehicles, and personal belongings on school property were subject to search and that state law prohibited the possession of a deadly weapon on school property. While on school property on that date, Respondent was in possession of a handgun which is described as a 40 caliber Glock. On August 22, 1994, in Bibb County, Georgia, Respondent did not have a license to carry a concealed weapon in Georgia. Respondent knew a license was needed to carry a concealed weapon in Georgia. On August 22, 1994, in Bibb County, Georgia, Respondent did not have a license to conduct private investigations in Georgia. Respondent knew a license was required to conduct private investigations in Georgia. On August 22, 1994, in Bibb County, Georgia, Respondent carried a badge with the words "Investigator Detective" at the top, and "State of Florida, Broward County, FLA" along with an official-looking outline of the state of Florida. This badge did not denote Respondent was a licensed private investigator but could easily be misread as an official police badge. On or about January 5, 1995, by the grand jury for the December, 1994 term of the Bibb Superior Court, Respondent was indicted for the offenses of possession of a weapon on school property and carrying a concealed weapon in violation of Georgia law. As a result, Respondent pled guilty to the charges and, as a first time offender, adjudication was withheld, and he received time served (seven days), paid fines, and was placed on three years probation. Respondent is currently serving that probation. When Respondent filed his application for the class "A" investigative agency license he represented himself as the sole proprietor of Carswell Investigations. This application (Petitioner's exhibit 8) was submitted on March 18, 1994. Respondent subsequently incorporated Carswell Investigations and filed articles of incorporation with the office of the Secretary of State. Those articles represent that the corporate officers of the company are: Dexter Carswell, President; Jimmy Carswell, Vice President; Ethel Carswell, Secretary; and Alvaro Valdez, Treasurer. Respondent remained the sole owner of the corporation. Despite the incorporation of the business, Respondent did not update the licensing information with the Division of Licensing. Alvaro Valdez, who is also known as Alvara Valdel or Alvara Valdez, is a convicted felon. On August 22, 1994, Alvaro Valdez had in his possession a business card in the name of Carswell Investigations, Inc. No. A-94-00095, which certified Mr. Valdez as an employee of the company.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Department of State, Division of Licensing, enter a final order imposing an administrative fine in the amount of $1,350.00; suspending Respondent's class "C" license for a period of time to coincide with his probation from the Georgia criminal proceeding; and revoking Respondent's class "G" license. DONE AND ENTERED this 27th day of September, 1996, in Tallahassee, Leon County, Florida. JOYOUS D. 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 27th day of September, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 96-0324 Rulings on the proposed findings of fact submitted by the Petitioner: Paragraphs 1, and 3 through 12 are accepted. Paragraph 2 is rejected as contrary to the weight of the credible evidence. Rulings on the proposed findings of fact submitted by the Respondent: 1. None submitted. COPIES FURNISHED: Sandra B. Mortham, Secretary Department of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250 Michele Guy, Esquire Department of State Division of Licensing The Capitol, Mail Station Number 4 Tallahassee, Florida 32399-0250 Dexter B. Carswell Carswell Investigations 3101 Northwest 47 Terrace, Number 119 Lauderdale Lakes, Florida 33319
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
The Issue Whether or not Petitioner satisfies the "experience or training" requirement to obtain a Class "C" private investigator's license.
Findings Of Fact On May 22, 1989, Petitioner filed an application for a Class "C" private investigator's license. Included in that application, Petitioner related that he was employed by Austin Private Security Specialists of Austin, Texas as a security officer-undercover investigator during the period from September, 1985 until July, 1987. During his employment with Austin private Security Specialists (Austin), approximately 60% of Petitioner's job duties included investigative work and the remaining 40% was in security related work. Respondent did not credit Petitioner's investigative experience which he claims based on his employment at Austin; however, he was credited with nine months security experience based on his employment at Austin. Respondent' denied Petitioner's claim for investigative experience in Texas based on its determination that Petitioner was not in compliance with Texas regulations while he was employed at Austin. Petitioner also claimed experience for employment with Wackenhut Company of Tampa during the period February 28, 1989 through July 28, 1989. At Wackenhut, Respondent was employed as a private investigator intern. At Wackenhut, Petitioner worked under the sponsorship of Robert Crane, private investigator and successfully completed his work for Wackenhut during Crane's sponsorship. Petitioner was credited with five months investigative experience for his employment at Wackenhut. A review of Petitioner's relevant personnel records from Texas indicates that Petitioner was registered as a commissioned security guard from October 29, 1985 until September 4, 1986. Petitioner was registered as being employed in security sales from September 4, 1986 until September 30, 1987. Petitioner was never registered as an investigator with Austin or any other Texas company. In Texas, to properly perform investigative work, an applicant, as Petitioner, must either hold a private investigator's license or be registered under a qualifying company's license as doing investigative work for the company to be in compliance with state regulations. Section 35 of Texas article 4413(29 dd) and Sections 35 and 36A, Rules and Regulations of the Texas Board of Private Investigators. Petitioner was not otherwise exempt from licensure in Texas as he failed to demonstrate that he was employed exclusively as an undercover agent during the period for which he claims experience based on his Texas employment. Respondent has a written policy of not crediting experience or training without required licensure or registration as it is difficult to verify such experience without licensure and it is practically impossible to determine whether the applicant has complied with applicable law.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Respondent enter a final order denying Petitioner's application for a class "C" private investigator's license. DONE and ENTERED this 2nd day of March, 1990, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of March, 1990. COPIES FURNISHED: Carrol D. Roberson 1714 Old Village Way Oldsmar, FL 34677 Henry D. Cawthon, Esquire Assistant General Counsel Department of State The Capitol, Mailstation #4 Tallahassee, FL 32399-0250 Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse, Esquire General Counsel Department of State The Capitol, LL-10 Tallahassee, Florida 32399
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 =================================================================
