Findings Of Fact At all times relevant hereto, Respondent held a Class "C" Private Investigator's License Number C90-00727 and a Class "G" Statewide Firearms License, Number G90-02226. In April 1991 Respondent taught a Saturday morning class, the third or fourth week of that month, in which Beatrice Price and Ryan Martin were trainees. At the conclusion of the lecture Respondent took the two trainees on a "real" investigation. The subject of the investigation was a dentist, Dr. Kathleen Gerreaux, under surveillance on either a worker's compensation claim or a liability claim (conflict in the testimony and the type of surveillance is not relevant). Respondent placed a microphone under the blouse of Beatrice Price a/k/a Beatrix Herrera and had her go to the office of Dr. Gerreaux to try and learn in what activities she was engaging. The conversation was recorded in Respondent's van parked some distance away. When Herrera returned to the van the tape was replayed in her presence and the words of the investigator and Dr. Gerreaux could be clearly understood. Shortly thereafter Dr. Gerreaux left her office and returned to her home. Respondent took the van to the vicinity of the residence, parked several houses away and rigged Ryan Martin with a microphone under his shirt and had him go to Dr. Gerreaux's home to attempt to get her to go jogging or perform some other exercise which could be videotaped. Herrera overheard the conversation between Martin and Dr. Gerreaux while waiting in the van. This incident was not reported to Petitioner until several months later after Herrera had contacted plaintiff's investigator to complain about an incident which she was told she had been taped without her knowledge or consent. When told that her evidence was insufficient to support her claim Herrera told the investigator about the taping of the conversation with Dr. Gerreaux. This initiated the investigation which led to the Administrative Complaint filed herein. After talking to Herrera and Martin the investigator also interviewed Respondent regarding the taping incident. Respondent admitted to the investigator that he had used Herrera and Martin to intercept the conversations with Dr. Gerreaux, but said the tapes were unintelligible. Respondent's version of this incident was similar to the testimony given at the hearing by Herrera except for the clarity of the taped conversation.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That a final order be entered finding David J. Berry guilty of violating section 493.6118(1)(f), F.S. and that an Administrative fine of $1000 be imposed. DONE AND RECOMMENDED this 2nd day of November, 1993, in Tallahassee, Leon County, Florida. K. N. AYERS 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 November, 1993. COPIES FURNISHED: Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250 Henri C. Cawthon Assistant General Counsel Department of State Division of Licensing The Capitol, Mail Station #4 Tallahassee, Florida 32399-0250 Ronald L. Jones, Esquire 1020 East Lafayette Street, Suite 108 Tallahassee, Florida 32301
The Issue This is a license discipline proceeding in which the Petitioner seeks to take disciplinary action against the Respondents on the basis of allegations of misconduct set forth in an Administrative Complaint. The essence of the alleged misconduct is that the Respondents have conducted or advertised the business of a recovery agent without a valid Class "R" Recovery Agency license.
Findings Of Fact Rhonda L. Peroutka has a Class "CC" Private Investigator Intern license, Number CC99-00699, issued by the Petitioner agency. Rhonda L. Peroutka, in her capacity as President of A People Finder, Inc., holds a Class "A" Private Investigative Agency license, Number A97-00289, and a Class "ZA" Organizational Officer Position license, Number ZA97-00405, both issued by the Petitioner agency. Beginning on January 8, 1999, and continuing to the date of the final hearing in this case, the Respondents have been engaged in business activities in the State of Florida that involve the performance of repossessions for consideration. During the period of time mentioned above, the Respondents regularly and frequently entered into contracts with the Superior Bank in New Jersey to repossess motor vehicles in the State of Florida on which the Superior Bank had a lien. Pursuant to those contracts, the Respondents acted in the capacity of an independent contractor of the bank for the purpose of repossessing specific motor vehicles identified by the bank. The contracts between Superior Bank and the Respondents specifically authorized and directed the Respondent, A People Finder, Inc., to repossess a specifically described motor vehicle. Such contracts did not authorize the Respondents to forward or to subcontract the repossession authorization. Nevertheless, the regular practice of the Respondents is to subcontract the repossession work to licensed recovery agencies throughout the State of Florida. The subcontracting licensed recovery agencies perform the actual repossessions of the motor vehicles the Superior Bank seeks to have repossessed. Following a successful recovery of a motor vehicle, the subcontracting licensed recovery agencies bill the Respondents for their services. Thereupon, the Respondents advise Superior Bank of the successful recovery, and the Respondents submit a bill to Superior Bank for repossessing the motor vehicle. The Respondents do not advise Superior Bank that the actual repossession was performed by a subcontractor. The bills submitted by the Respondents to Superior Bank typically list as separate items a repossession fee, an administrative fee, and any miscellaneous costs associated with the repossession, such as the cost of making keys. Superior Bank pays the entire amount of the bill to the Respondents. When Superior Bank pays for a repossession, the entire amount of the payment is deposited into an escrow account controlled by the Respondents. Thereafter, the Respondents pay from the escrow account the amount due to the subcontracting licensed recovery agency, and they pay to A People Finder, Inc., the administrative fee that was charged to Superior Bank. The Respondents agree with the licensed recovery agencies with whom they contract to hold them "harmless from and against any and all claims, damages, losses, and actions including reasonable attorney's fees, resulting from and arising out of your efforts to collect and/or repossess. . . ." However, the Respondents do not carry insurance for the actions of a recovery agency during the course of a repossession. Neither of the Respondents has a recovery agency license.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be issued in this case concluding that the Respondents are guilty of the violations charged and imposing the following penalties: (a) a one-year suspension of all licenses held by the Respondents; (b) an administrative fine in the amount of $1,000.00 against Respondent, A People Finder, Inc.; and (c) an administrative fine in the amount of $1,000.00 against Respondent, Rhonda L. Peroutka. DONE AND ENTERED this 16th day of December, 1999, in Tallahassee, Leon County, Florida. MICHAEL M. PARRISH Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 16th day of December, 1999.
Findings Of Fact The Department of State hereby adopts and incorporates herein by reference the Findings of Fact and Conclusions of Law in the Recommended Order. WHEREFORE, based upon the foregoing, it is ORDERED that the Administrative Complaint dated November 8, 1995, is hereby DISMISSED.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Department of State, Division of Licensing, enter a final order dismissing the Administrative Complaint filed against the Respondent herein, James C. Schade. DONE and ENTERED this 25th day of April, 1996, in Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of April, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-5925 To comply with the requirements of Section 120.59(2), Florida Statutes (1993), the following rulings are made on the parties' proposed findings of fact: Petitioner's Proposed Findings of Fact. & 2. Accepted and incorporated herein. Accepted and incorporated herein except for the allegation that Respondent said he worked for the state, which is rejected. - 6. Accepted and incorporated herein. COPIES FURNISHED: Kristi Reid Bronson, Esquire Department of State Division of Licensing The Capitol, Mail Station Number 4 Tallahassee, Florida 32399-0250 Jeffrey A. Haynes, Esquire 600 Bypass Drive, Suite 215 Clearwater, Florida 34624 Honorable Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250
The Issue Whether Respondent violated Section 493.6118(1)(n), Florida Statutes, as alleged in Counts I, II, IV and V of the Administrative Complaint by subcontracting with individuals named therein to provide private investigative services at a time when they were not licensed as a Class "A" investigative agency. Whether Respondent violated Section 493.6118(1)(n), Florida Statutes, as alleged in Count III of the Administrative Complaint, by allowing an improperly licensed person, John Polk, to direct the activities of licensees, or exercise operational control over the regulated activities of Morse Security Group, Incorporated. Whether Respondent violated Section 493.6118(1)(s), Florida Statutes, as alleged in Count VI in the Administrative Complaint, by failing to report to the Department the termination of persons listed in that count. Whether Respondent violated Section 493.6118(1)(s), Florida Statutes, as alleged in the Administrative Complaint, by directing the activities of licensees, thereby acting as a manager, subsequent to the voluntary deactivation of his Class "C" private investigator's license and Class "M" private investigative/security agency manager's license. Whether Respondent violated Section 493.6118(1)(f), Florida Statutes, as alleged in the Administrative Complaint, by misrepresenting his agency by advertising in the Martindale-Hubbell Law Directory 1993, that his agency is "Florida's largest and oldest private investigative agency", when it is not. Whether Respondent violated Section 493.6118(1)(r), Florida Statutes, as alleged in the Administrative Complaint, by failing to certify the completion or termination of the internship of William J. Smithberger when he had the duty as a sponsor to do so.
Findings Of Fact Morse Security Group holds a Class "A" Private Investigative Agency License, Number AOO-00919, effective June 30, 1993, which was originally issued in 1976, and is currently active. Harvey Morse, the principal of Respondent, holds a Class "C" private investigator license, number COO-008861, effective November 24, 1992, which was originally issued in 1975, and was placed on inactive status by the Department on January 21, 1993. Harvey Morse also was issued a Class "DI" Security Officer Instructor License, No. DI89-00348, effective January 8, 1993, a Class "G" Statewide Firearms License, No. GOO-11067, effective December 6, 1991, which was placed on inactive status with the Department on January 21, 1993, and a Class "M" Private Investigative/Security Agency Manager license No. M85-00112, effective August 7, 1992, which was placed on inactive status with the Department on January 21, 1993. Craig Hull became employed with Respondent in February of 1993, as a part-time investigator. Hull worked under the direct supervision and control of Respondent, and held himself out to the public as an employee. When Hull entered into his contractual employment agreement with Respondent, he was given a vacation/sick day policy document noting his status as a full-time employee of Respondent. Hull executed an Employment Agreement which referred to him as the "employee" and also referred to him as an "independent subcontractor" for the purpose of withholdings. At the time of Hull's employment with Respondent, he held a Class "C" private investigator license. In all aspects of Hull's employment with Respondent, he conducted himself, and was treated as an employee. Hull did business for Respondent under the Respondent's corporate name; held himself out to the public as being Respondent's employee; signed contracts on behalf of Respondent; received letters and correspondence as an employee; was directed when and were to show up for work; how to answer to the telephone; when to answer the telephone; and in all other respects was under the direct control and supervision of Respondent. During the course of employment with Morse Security Group, Hull possessed no occupational license, business cards, stationery, telephone listing, brochures or printed material that identified him as having any relationship with Respondent other than employee and filed no fictitious name with the Department of State. In dealing with clients and the general public, Hull held himself out as an employee of Respondent and his business cards indicated that he was an employee of Respondent. Of the five cases that Hull handled on behalf of Respondent, he at no time attempted to limit the Respondent's liability to any of those clients by asserting that he was an independent contractor, or had any other relationship with Respondent other than employee. Respondent never identified Hull to others an anything other than an employee. At no time did Respondent attempt to limit its general liability to the public as to Hull's employment by the use of the term subcontractor. Respondent never attempted to perpetrate a fraud on the public by the use of the term subcontractor as to Hull's employment. Respondent's liability insurance in effect from 1991 through 1994, specifically covered Hull as an employee of Respondent. John K. Polk was employed by Respondent from February 5, 1992 through March 27, 1993. At the inception of Polk's employment, he entered into an employment contract with Respondent. The agreement for employment was entitled "Employment Agreement", and consisted of twelve paragraphs. Throughout the employment agreement Polk is referred to as employee and Respondent is referred to as employer except in paragraph 10. Paragraph 10 informed Polk that as employee he would be regarded as a subcontractor or independent contractor for the purposes of taxes, workers' compensation, licenses, permits, and insurance. During the course of Polk's employment his relationship with Respondent was governed by the employment agreement. In addition to the employment agreement signed by Polk, he received a separate document entitled, "Employee Vacation/Sick Leave Policy". The vacation/sick leave document further identified and regulated Polk as an employee. During the course of Polk's employment with Respondent Polk did not maintain a separate general liability policy. At no time during the course of Polk's employment with Respondent did Respondent attempt to limit its liability to its clients by treating Polk as anything other than as an employee. Polk never attempted to use the fact that the term "subcontractor" had been used in paragraph 10 of the employment agreement in order to limit Respondent's liabilities to clients. Polk's employee fidelity bond questionnaire for State Farm Fire and Casualty Company Insurance was submitted by Respondent listing Polk as an employee, and Polk was covered under the policy for any acts of negligence of omissions. During the period of Polk's employment with Respondent he held no separate occupational license. Polk's business cards and stationery was provided by Respondent, and identified Polk as an employee of Respondent. The business telephone employed by Polk during his employment with Respondent was identified as Respondent. Polk worked under the direct supervision and control of Respondent. At all times Polk held himself out as an employee to Respondent's clients. During the course of his employment with Respondent, Polk was covered under Respondent's general liability policy for any acts of negligence or omission committed by Polk. Randy Morgan was employed with Respondent as an investigator from January 1, 1991, to approximately December, 1992. Morgan did not have a written contract for employment with the Respondent. Morgan was compensated by the case on an hourly basis by Respondent. Morgan was responsible for withholding his own Social Security and federal income taxes. Morgan considered himself as an employee of Respondent, and was under the supervision and control of Respondent. At all times during the course of his employment Morgan held himself out as an employee of Respondent, not as a subcontractor. Robert O. Sutley was employed by Respondent from November of 1992, until approximately March, 1993. During his employment with Respondent, Sutley held "DD", "B", and "G" licenses from the Department. Sutley entered into an employment agreement with Respondent which consisted of twelve paragraphs entitled "Employment Agreement". Within the employment agreement, the term "independent contractor" was a term used in relation to the workers' compensation and the withholding of taxes. Respondent did not attempt to limit its liability to the general public in regard to Sutley. Throughout the course of his employment with Respondent, Sutley held himself out as an investigator employee of Respondent. During his employment with Respondent, Sutley was under the supervision and control of Respondent. Respondent was contacted on a cold call by Martindale-Hubbell Law Directory for the purposes of advertising. After negotiations, Respondent caused to be issued an advertisement in the Martindale-Hubbell directory. Respondent initially instructed Martindale-Hubbell to advertise that Respondent was "one of the oldest and largest investigative agencies in Florida". The basis for the requested advertisement that Respondent was one of the oldest and largest was Respondent's purchase of a statewide detective agency, which had been in business in Florida since the 1950's, and that Respondent has an affiliate office in Europe and other parts of the United States. Pinkerton's of Florida has been licensed in Florida as an investigative agency since 1968. Pinkerton's has employed over 25 investigator employees on an annual basis over the last five years. Prior to its publication in Martindale-Hubbell, Respondent was not aware of the contents of the advertisement. The ad, as published, stated that the Respondent was the oldest and largest investigative agency in Florida. Respondent became aware of the contents of the advertisement upon receipt of the complaint filed against him by the State. Respondent then sent a letter to Martindale-Hubbell, inquiring why the advertisement read "Florida's oldest and largest private investigative agency", as opposed to "one of Florida's largest and oldest private investigative agencies" as previously instructed by Respondent. Martindale-Hubbell acknowledged that the final draft of the advertisement had been done without Respondent's approval and that an error had been made by Martindale-Hubbell in the advertisement, as it appeared in their publication. Respondent instructed Martindale-Hubbell to cease further advertisement. Respondent reported on his letterhead stationery to the Department the termination of the following persons: Colard, Crews, Fitzgerald, Martin, Morgan, Polk, and Stebbins within the statutory time limit. When Respondent was advised by Mr. Matlack that the computer printout from the Department showed that the above named people were still on a list indicating that they were associated with Respondent, Respondent sent another letter dated April 27, 1993 to the Department advising them of the termination of those listed individuals. As of October 15, 1993, the above named persons were still listed as in Respondent's employ. During the period from January 1, 1993 to April 1993, Harvey E. Morse voluntarily deactivated Class "C" Private Investigator's License and Private Investigative Security Agency Manager's License. Morse voluntarily deactivated licenses upon his graduation from the police academy and his association with the Florida Highway Patrol as a full time auxiliary trooper. Upon voluntary deactivation of Morse's licenses, Morse notified each of the company's employees that Morse would not be involved in any more investigations, and that the employees were to receive their direction from either Dwayne Rutledge or Maria Morse. Morse continued to engage in non-regulated functions such as marketing, sales, computer functions, bookkeeping, and payroll and teaching, training and instruction. During the periods of voluntary deactivation of his license, Morse would run a driver's license record on the computer, receive a printout, and hand it to an employee. Morse refrained, however, from being involved in an investigation based upon that printout. Morse has refrained from involvement in any regulated activities from the time that he voluntarily deactivated his license. Once Morse voluntarily deactivated his license, the primary person responsible for investigations and management of employees was Dwayne Rutledge. During the period from September 1992 to January 1993, Harvey E. Morse supervised and trained John Polk. Morse was always available by way of pager or cellular phone, and in constant contact with John Polk during that time period. Further, Respondent installed a two-way radio system so that Morse could talk with and supervise John Polk on a constant basis. Morse was never more than 60 miles from John Polk during his internship from September 1992 till January 1993, and Morse was in daily contact with John Polk in regard to pending investigations, new matters, old matters, and the general business of the Respondent's office. On several occasions during the above stated time period, Polk would communicate with Morse while he was on patrol in a Florida Highway Patrol vehicle, and ask questions of Morse concerning how investigative matters should be handled. Polk was afforded certain latitude by Morse to make administrative decisions on a day-to-day basis as his training progressed, and Morse placed more confidence in Polk's abilities in certain areas. However, Morse still oversaw those decisions. At all times, Polk's supervision of Respondent's employees was under the direct supervision and control of Morse or other licensed managers in Respondent's employ. The purpose of the Respondent's purchase of a two way radio system was twofold: One, to communicate with other investigators during the course of an investigation; and the other was to afford constant communication among Morse, the office managers, Dwayne Rutledge and Maria Morse, and the investigators, in case of a question would arise in the performance of their duties. Rutledge, as well as Maria Morse, became employed as office manager(s) shortly after 1990, and both he and Mrs. Morse were continuously available to the employees and oversaw, in conjunction with the Morse, the performance of their regulated duties.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is WHEREFORE, it is RECOMMENDED: Petitioner having failed to prove by clear and convincing evidence that Respondent violated those sections as alleged in Counts I through IX of the Administrative Complaint, it is hereby recommended that said Counts be DISMISSED. DONE and ENTERED this 31st day of January, 1994, in Tallahassee, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of January, 1994. APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-3890 The following constitutes my specific rulings, in accordance with section 120.59, Florida Statutes, on proposed findings of fact submitted by the parties. Proposed findings of fact submitted by Petitioner. Petitioner waived the filing of proposed findings of fact. Proposed findings of fact submitted by Respondent. Accepted in substance: Count I, unnumbered paragraphs 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18; Count II, paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 20, 22; Count IV, unnumbered paragraphs 1, 2, 3, 4, 6, 7, 8; Count V, unnumbered paragraphs 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18; Count VIII, unnumbered paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9; Count VI, unnumbered paragraphs 1, 2 (in part), 3, 5, 6, 7, 8, 9; Count VII, unnumbered paragraphs 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12; Count III, unnumbered paragraphs 1, 2, 3, 5, 6, 7, 8, 10, 11, 12. Rejected as argument or conclusory: Count I, unnumbered paragraphs 2, 21; Count IV, paragraphs 9; Count V, paragraph 2(in part); Count VII, paragraphs 4; Count III paragraphs 4, 9. Rejected as redundant or surplusage, or irrelevant and immaterial: Count II, unnumbered paragraphs 13, 18, 19; Count IV, paragraph 5; Count VI, paragraph 4. COPIES FURNISHED: Henri C. Cawthon, Esquire Department of State Division of Licensing The Capitol Mail Station-4 Tallahassee, Florida 32399-0250 William J. Sheaffer, Esquire William J. Sheaffer, PA. 609 East Central Boulevard Orlando, Florida 32801 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, Esquire General Counsel The Capitol, PL-02 Tallahassee, Florida 32399-0250
The Issue Whether the Respondent committed the offenses set forth in the Administrative Complaint and the penalties, if any, that should be imposed.
Findings Of Fact At all times pertinent to this proceeding, Respondent held a Class "C" Private Investigator License, number C93-00868, and a Class "E" Recovery Agent License, number E93-00065. Respondent conducted a repossession of a Jaguar automobile at 565 Northwest 120 Street, Miami, Florida, on January 23, 1995. There was one other man with Respondent when he went to the subject premises to repossess the vehicle. This other man was not called as a witness in this proceeding. Wedlyne Horenstein is a twenty year old female and the stepdaughter of the owner of the Jaguar that was being repossessed. She is a resident of the household located at 565 Northwest 120 Street, Miami, Florida, and was present at that address when the repossession occurred. Ms. Horenstein testified that she was inside the house watching television when she saw two men in the driveway of the property. She testified that she went to the driveway and asked the two men what they were doing. She also testified that she asked one of the two men to provide proof that they were authorized to repossess the automobile. She testified that this man showed her a badge that was in a wallet and said, "Don't worry, I'm with Miami Police." When Ms. Horenstein saw the Respondent at the formal hearing, she could not identify him as being present when the car was repossessed. On July 27, 1995, some seven months after the repossession, Ms. Horenstein was shown two photographs. One of the two photographs, taken from the file Petitioner maintained on the Respondent, was of the Respondent. There was no description of the second photograph. Ms. Horenstein identified the photograph of the Respondent as being the person with whom she talked when the car was repossessed and as being the man who allegedly showed her a badge and represented himself to be with the Miami Police Department. 1/ Respondent admitted that he repossessed the automobile on January 23, 1995, and that he talked to Ms. Horenstein. Respondent denied that he showed Ms. Horenstein a badge or that he said he was with the Miami Police. 2/ According to Respondent, he told Ms. Horenstein that he was there to repossess the automobile for a bank and gave her a copy of the repossession order when asked for proof that they were authorized to repossess the automobile. Ms. Horenstein admitted that she was given a copy of the repossession order. Based on their demeanor and their entire testimony, it is found that Ms. Horenstein's testimony that Respondent showed her a badge and told her he was with the Miami Police Department is entitled to no more credibility than Respondent's denial of those acts.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner adopt the findings of fact and conclusions of law contained herein and DISMISSES the administrative complaint brought against Respondent. DONE AND ENTERED this 11th day of September, 1995, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of September, 1995.
Findings Of Fact Respondent holds a Class "A" Private Investigative Agency license Number A88-00071, in the name of Orlando Detective Bureau, effective March 21, 1988. Respondent holds a Class "A" Private Investigative Agency license Number A86-00182, in the name of Tampa Bay Detective Bureau, effective August 1, 1988. Respondent holds a Class "AA" Private Investigative Branch Agency license Number AA88-00026, in the name of Highlander Detective Agency, effective August 18, 1988. Respondent holds a Class "C" Private Investigator license Number COO- 01501, effective October 20, 1987. Respondent holds a Class "E" Repossessor license Number EOQ-00103, effective August 1, 1988. Respondent holds a Class "MA" Private Investigative Agency Manager license Number MA86-00215, effective August 1, 1988. In May 1989, during an investigation of Respondent for suspected violations of Chapter 493, Florida Statutes, Respondent failed to submit information concerning his business practices or methods regarding the repossession of a 1986 Amberjack Sea Ray boat, after proper demand by the Petitioner. In May 1989, during an investigation of Respondent for suspected violations of Chapter 493, Florida Statutes, Respondent failed to submit information concerning his business practices or methods regarding the repossession and sale of a 1982 Chrysler New Yorker automobile, after proper demand by the Petitioner. On February 15, 1988, Respondent, his agents or employees, repossessed a 1982 Chrysler Newyorker automobile in Indian Rocks Beach, Florida, on behalf of Chrysler Credit Corporation. Subsequently, Chrysler Credit Corporation authorized Respondent to sell the automobile and turn the proceeds over to them. Respondent failed to account to Chrysler Credit Corporation as to the disposition of the vehicle or the proceeds of the sale thereof.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that Respondent be found guilty on Counts I and II of the Administrative Complaint, and that all licenses of the Respondent be suspended for a period of one year and that he pay an administrative fine of $250 for each count; that Respondent be found guilty of misconduct on Count III, and that all licenses of the Respondent be suspended for a period of five years and that he pay an administrative fine of $1,000. DONE AND ENTERED this 29th day of December, 1989, in Tallahassee, Leon County, Florida. DANIEL M. KILBRIDE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 29th day of December, 1989. COPIES FURNISHED: Henri C. Cawthon, Esquire Assistant General Counsel Department of State The Capital, Mail Station #4 Tallahassee, FL 32399-0250 Harold W. Charlton, c/o Tampa Bay Detective Agency 8430 40th Street North Tampa, FL 33604 Honorable Jim Smith Secretary of State The Capitol Tallahassee, FL 32399-0250 Ken Rouse General Counsel Department of State The Capitol, LL-10 Tallahassee, FL 32399-0250
The Issue The issue in this case is whether Respondent is guilty of violating the law regulating private investigators and, if so, what penalty should be imposed.
Findings Of Fact Respondent holds a Class "C" Private Investigator License bearing license number is C91-00006. Petitioner's files indicate that this license was issued January 10, 1991. Respondent testified that he has been licensed since December 1990. Despite records indicating that the Class "C" license was issued January 10, 1991, Petitioner, by letter dated May 24, 1991, informed Respondent that his Class "C" license "has been issued and is forthcoming." The May 24 letter adds: File review indicates that you are not currently employed. Chapter 493, Florida Statutes, requires you to either own or be employed by a licensed Class "A" Private Investigative Agency. To work as a private investigator without meeting one of the foregoing conditions is a violation of law and subjects you to administrative action up to and including revocation of your Class "C" license. During 1991, Respondent was employed by A & W Investigations, which holds a Class "A" agency license. However, by July 7, 1991, he had completed his duties for A & W Investigations and was not employed by a Class "A" agency after that date. During the period between the termination of his employment with A & W Investigations and the meeting described below with Petitioner's investigator in October 1991, Respondent performed investigations related to workers' compensation for a company known as FEISCO. Serving as an independent contractor, Respondent also hired and paid James Coady for investigative work that he performed on Respondent's behalf for FEISCO. In August 1991, a new attorney in the area, Darren Young, received a letter from Respondent announcing his availability to serve as a consultant in criminal cases involving allegations of driving under the influence (DUI). Respondent had been employed for a couple of years by the Collier County Sheriff's Office and drew upon his experience in local law enforcement in providing DUI consultation services. Respondent and Mr. Young later met and began a business/social relationship. In October or November, Mr. Young hired Respondent as a DUI consultant in a pending case. Respondent served as an independent contractor, not an employee of Mr. Young. Although Mr. Young did not need Respondent to testify, he paid Respondent for his services. By letter dated September 23, 1991, Petitioner advised Respondent that it had learned that he was no longer employed by A & W Investigations as a Class "C" Private Investigator licensee. The letter contains the same warning as that quoted in the last two sentences of the above-cited May 24 letter. In early October 1991, an investigator of Petitioner met Respondent to discuss informal complaints made by two or three Naples private investigators that Respondent was conducting private investigations without a license. Respondent told the investigator that he was working for a tile company association doing investigations of its members and serving as an expert witness for attorneys in DUI cases. Petitioner's investigator explained that if Respondent intended to do any private investigations, he needed a Class "A" agency license with which to place his Class "C" private investigator's license. At the urging of Petitioner's investigator, Respondent agreed to begin the process of obtaining a Class "A" license, and, on October 3, 1991, Petitioner received Respondent's application for a Class "A" license. On December 26, 1991, Respondent obtained the general liability coverage required for the Class "A" license. By letter dated December 27, 1991, and received by Petitioner on January 6, 1992, Respondent submitted to Petitioner a money order in the amount of $300 in payment of the application fee, proof of liability insurance, and a copy of the fictitious name registration form. The letter states in part: I have contacted your office several times and have been informed that my fingerprints have not returned from FDLE. This is the only thing that I am waiting for before my license can be issued. The 90 days will be up in January and I was wondering if there is some provision that would allow me to start operations before they return. I would appreciate your advice on this matter. Prior to receiving the December 27 letter from Respondent, on January 3, 1992, Petitioner mailed Respondent a letter "to notify you that your application for a Class "A" license had been approved." The letter states that Respondent needed to provide several items "so your license can be issued " The required items were a license fee of $300, certificate of insurance, and proof of filing a fictitious name. On January 8, 1992, Respondent mailed two letters. One was to Petitioner's investigator, stating that Respondent had "received the notice of approval for the issuance of my Agency license" and advising that he had "forwarded all of the required documentation to Tallahassee." The other letter of January 8, 1992, was to Petitioner and accompanies the certificate of liability insurance. The letter states that, on December 30, 1991, Respondent had sent Petitioner the application fee, copy of the fictitious name registration, and copy of the insurance binder. Petitioner received the certificate of liability insurance on January Noting that the certificate was not properly notarized, Petitioner mailed Respondent a letter, on January 15, 1992, advising that the certificate of liability insurance was missing. By letter dated January 16, 1992, Respondent forwarded the certificate of liability insurance with proper notarization. Receiving the letter on January 22, 1992, Petitioner mailed a letter on January 24, 1992, advising Respondent that he had been issued on that date a Class "A" license, which was good from January 24, 1992, through January 24, 1994. Respondent engaged in at least two investigations during December 1991, at which time he clearly knew that he did not have a Class "A" license and needed one for the work in which he was engaged. In one case, he performed two days' surveillance on Kelly Trotta for Ray Trotta on December 6 and 7, 1991. By letter dated December 9, 1991, to Mr. Trotta, Respondent described the investigatory services that he provided and suggested future spot checks in order to avoid "running up the costs of the investigation." In another case, Mr. Young was retained on the day after Thanksgiving 1991 by Lawrence Harrison to provide legal services in connection with pending federal and state litigation. Mr. Young introduced Respondent to Mr. Harrison, who agreed to retain Respondent or allow Mr. Young to retain Respondent, in either case as an independent contractor. According to Respondent's invoice, Mr. Young hired him on December 16, 1991. The following day, Respondent checked corporate records as part of his investigative work and conveyed the information to Mr. Young. In the following days, Respondent researched Chapter 493, Florida Statutes, concerning the state litigation, which involved a legal action brought by Frank Coto against Mr. Harrison for unpaid private investigative services. Respondent drafted a complaint against Mr. Coto to be sent to Petitioner. Still in December, Respondent obtained character information on Mr. Coto and directly communicated it to the client. The complaint against Mr. Coto included allegations that he attempted to extort from Mr. Harrison the balance allegedly owed by Mr. Harrison to Mr. Coto for investigative services rendered. Mr. Harrison sent the complaint, under his signature, to Petitioner, which eventually elected not to prosecute. On January 9 and 10, 1992, according to Respondent's invoice of January 13, 1993, Respondent met with Mr. Harrison. By separate invoice, Respondent requested $1200 for the costs of a trip to Oklahoma in connection with investigative services related to the federal litigation. This sum was paid prior to January 24, 1992, which was when Respondent was to depart. On or about January 18, 1992, Mr. Young terminated his employment with Mr. Harrison. On January 23, 1992, Respondent contacted the FBI and informed them that Mr. Young had proposed a criminal conspiracy with Respondent to kill one or more persons involved with the Harrison matter. Subsequent investigations revealed no basis for criminal prosecution, nor professional discipline, against Mr. Young. The record is insufficient to determine if Respondent's charges were made in good faith. Instead of going himself, Respondent sent Mr. Coady and Mr. Trotta to perform investigative services for Respondent on behalf of Mr. Harrison. They departed either January 24 or 25, 1991, and performed the investigative services. There is no competent evidence as to whether Mr. Coady had a Class "C" license and, if so, when he obtained it. The evidence is unclear as to when Mr. Trotta obtained his Class "C: license, but he obtained or renewed a Class "C" license, possibly as early as January 23, 1994. Respondent allowed Mr. Coady and Mr. Trotta to place their Class "C" licenses, or the Class "C" licenses for which they were applying. The record establishes the date of sponsorship only as to Mr. Trotta. Respondent signed the form on January 5 and it was notarized on January 7, 1992. Respondent used his Class "A" license number, which he obtained by telephone from one of Petitioner's representatives prior to the official issuance of Respondent's Class "A" license. On March 4, 1992, Respondent sent a letter to Petitioner advising that his firm was no longer sponsoring Mr. Trotta, Mr. Coady, or a third person, Heidi Trotta. Except for this letter, there is no evidence that Respondent ever employed Ms. Trotta, and Petitioner has failed to prove that anyone by that name was ever so employed by Respondent. The letter states that, as of January 30, 1992, Respondent's firm would no longer be responsible for their actions. The record does not indicate when Mr. Trotta and Mr. Coady were terminated. On August 11, 1992, Petitioner's investigator visited Respondent's office and demanded his files for the Harrison and Trotta investigation, as well as a third investigation known as Sparkman/Hayes. Respondent offered to drive home and get the Trotta and Sparkman/Hayes files, but declined to provide the Harrison file until he received approval from Mr. Harrison's attorney, through whom he claimed to work. Petitioner's investigator told Respondent not to go home and get the two files, but to provide them to the investigator later. Respondent agreed to mail them, but did not. Petitioner's investigator never gave Respondent a deadline, nor did he ever again demand that Respondent give him the files. The failure to produce the Harrison file is not the subject of any allegations in the present case. During the course of the August 11 interview, Petitioner's investigator asked Respondent about Mr. Coto and the complaint that had been filed with Petitioner against him. Respondent initially lied, denying knowing anything about Mr. Coto or the complaint. But Petitioner's investigator showed Respondent a letter that Respondent had sent to Mr. Young, which effectively contradicted these denials. Respondent then admitted to Petitioner's investigator that he had drafted the complaint against Mr. Coto and that it had been intended to "muddy the waters." The intent of Respondent was to undermine Mr. Coto's civil action against Mr. Harrison.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department of State enter a final order ordering Respondent to pay an administrative fine of $3550. ENTERED on June 24, 1994, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings on June 24, 1994. COPIES FURNISHED: Hon. Jim Smith Secretary of State The Capitol Tallahassee, FL 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-02 Tallahassee, FL 32399-0250 Henri C. Cawthon Assistant General Counsel Department of State Division of Licensing The Capitol, MS #4 Tallahassee, FL 32399-0250 Attorney Ken Muszynski 850 Fifth Ave. South Naples, FL 33940
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.
Findings Of Fact At all times pertinent to the issues herein, the Department of State, Division of Licensing, (Division), was the state agency responsible for the licensing of private investigators in Florida. On or about February 26, 1992, Petitioner herein, Lyman S. Bradford submitted to the Division an application for a Class "A" Private Investigative Agency license. On the same day, he also submitted an application for a Class "C" Private Investigator's license. In Section 12(a) of the former application and Section 7(a) of the latter, Petitioner indicated he had been convicted of attempted possession of cocaine, a misdemeanor, in 1988. He further indicated probation had been completed. On the basis of her analysis of Petitioner's applications, on March 12, 1992, Joni Rozur, the Division's reporting representative, recommended both applications be approved based on Petitioner's previous licensure as a Class "C" licensee, and noted that his experience met or exceeded the statutory requirements. She also noted, however, that approval was pending receipt of a criminal history report. When that record was received by the Division, it reflected that Petitioner had been arrested in September, 1988 for failure to appear for trial on the attempted possession charge and when brought before the court on October 20, 1988, pleaded not guilty. In November, 1988, however, Petitioner changed his plea of not guilty to nolo contendere and as a result, adjudication of guilt was withheld and he was placed on probation for 6 months with 15 hours community service, and ordered to pay costs. On January 5, 1989, Mr. Bradford failed to meet with his probation officer as ordered and he was brought before the court on February 15, 1989 for a preliminary hearing on a charge of violation of probation. Bond was set at $2,000.00. When he appeared in court on April 12, 1989 on the violation of probation charge, Petitioner pleaded not guilty and hearing was set for May 10, 1989. On that date, Petitioner did not appear and after several other hearings, on June 2, 1989, the judge released Petitioner from his bond on his own recognizance. At a hearing on the violation of probation charge held on August 2, 1989, Petitioner was found guilty and his prior probation was revoked. By way of sentence, he was placed on an additional 6 months probation with conditions. Court action, mostly involving Petitioner's motions for continuance, was periodic for a while, but after a motion to set aside his prior plea to the charge was denied, on December 27, 1990 Petitioner entered a plea of guilty to and was found guilty of violation of probation. He was placed on a new period of probation for 1 year with 300 hours of community service; ordered to undergo drug evaluation and treatment as necessary; ordered to be subjected to random urine testing; and ordered to serve 1 year in jail (suspended). His prior probation was revoked. The criminal information relative to Petitioner which Ms. Rozur relied on to change her recommendation to denial also included Petitioner's arrest on September 14, 1989 on a charge of trafficking in cocaine. Petitioner was tried before a jury in circuit court on that charge on August 21, 1991, and after a trial on the merits, pursuant to his plea of not guilty, was found not guilty. The evidence put before the jury during that trial consisted of the testimony of the two arresting officers who indicated they had observed the transaction and seized a substance at the scene later identified as cocaine; that of the Petitioner's co-actor in the supposed sale; and that of the confidential informant who set up the controlled buy. The evidence, as proffered through the testimony of Deputy Martinez who was present at the scene, indicated that a confidential informant had reported that a sale of cocaine, involving the Petitioner, would take place on an evening in September, 1989. After the confidential informant was given authority to set it up, the Petitioner did not appear and the officers left. Supposedly, Petitioner did appear later and when the informant called the officers again, he was told to set the buy up again another time. The second buy, at which Petitioner was allegedly the broker between the dealer and the confidential informant, took place in the parking lot of a motel in West Palm Beach on September 14, 1989. The informant was fitted with a radio transmitter for recording the conversations among the parties but it failed to work. Nonetheless, Martinez claims he saw Petitioner and his partner meet with the informant outside the motel room and the other officer purportedly overheard their conversation through the closed window. When the parties moved around to the side of the building out of sight and hearing, the two officers, accompanied by a drug detection dog, came out and arrested Petitioner and his associate. During the course of the arrest, cocaine was found both on the associate and wrapped in a pillow case in the back seat of the associate's car. Petitioner had no cocaine in his possession. On the basis of the above information relating to the Petitioner's original conviction, the subsequent violation of probation charge, and the arrest for but acquittal of a charge of trafficking in cocaine, the Division, on May 13, 1992, denied both applications by the Petitioner alleging that his criminal record, as cited, was clear and convincing evidence of a lack of good moral character. The Hearing Officer, however, over strenuous objection of counsel for Respondent, declined to consider as evidence any matters relating to the Petitioner's arrest for trafficking in cocaine on the basis that the acquittal of that offense came after a trial on the merits before a jury subsequent to a plea of not guilty. Under those circumstances, the Hearing Officer would not permit the Division to present evidence regarding the alleged commission of an offense of which the Petitioner had been found not guilty. In retrospect, however, there is some question as to whether or not that evidence should have been considered. At the hearing, Petitioner presented 4 letters from prominent attorneys in practice in southeast Florida going back to 1982 and 1987 through 1991, commenting on his excellent investigative work. In addition, Petitioner also presented 9 letters of recent date from various individuals including a detective with the Palm Beach County Sheriff's Office, the Directress of his church's outreach ministry, the Chief of Police for Palm Beach Gardens, attorneys, a retired highway patrolman, a recovery agent, the assistant manager of the local American Cancer Society unit, and a fire battalion chief, all of whom have known the Petitioner for several years. In these letters, he is described as professional and thoroughgoing, capable, progressive, charitable, efficient, competent, trustworthy, conscientious, and possessed of good moral values and integrity.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be entered by the Division of Licensing denying Petitioner's applications for a Class "A" Private Investigative Agency License and a Class "C" Private Investigator License at this time. RECOMMENDED this 30th day of September, 1992, in Tallahassee, Florida. ARNOLD H. POLLOCK Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of September, 1992. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 92-3631S The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case. FOR THE PETITIONER: Accepted and incorporated herein. Accepted and incorporated except for the last sentence which is rejected. Accepted and incorporated herein. Accepted but as a comment on the evidence. Accepted. FOR THE RESPONDENT: 1. & 2. Accepted and incorporated herein. 3. & 4. Accepted and incorporated herein. 5. - 8. Rejected. Accepted. Accepted. COPIES FURNISHED: Henri C. Cawthon, Esquire Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 Thomas C. Gano, Esquire Lubin & Gano, P.A. Second Floor, Flagler Plaza 1217 South Flagler Drive West Palm Beach, Florida 33401 Hon. Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater General Counsel The Capitol, PL-02 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
