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
The Issue Whether Petitioner's application for a Class "CC" (private investigator intern) license should be denied on the grounds set forth in the Department of State, Division of Licensing's (Department's) May 4, 1992, denial letter to Petitioner?
Findings Of Fact Based upon the record evidence, the following Findings of Fact are made: Petitioner is 31 years of age and has resided in Palm Beach County his entire life. He is now, and has been for the last few years, self-employed as certified process server in Palm Beach County. After receiving his certification, he applied for and obtained a State of Florida license to carry a concealed firearm. Petitioner has been married to his present wife for approximately a year. He and his wife have an infant daughter and are expecting another child. This is Petitioner's second marriage. His first marriage ended in a bitter divorce. Petitioner has had several brushes with the law in the past, all of which occurred prior to the termination of his first marriage. In 1980, Petitioner was arrested for, and subsequently charged in Palm Beach County Circuit Court Case No. 80-5141CF with, carrying a concealed firearm, resisting arrest with violence and battery on a police officer. Pursuant to the terms of a plea bargain agreement, Petitioner pled guilty to the charge of resisting arrest with violence and the remaining charges against him were dropped. Adjudication of guilt on the resisting arrest charge was withheld and Petitioner was placed on three years probation. In 1984, while still on probation, Petitioner was arrested for, and charged in Palm Beach County Circuit Court Case No. 84-4810MM with, possession of under 20 grams of marijuana, a misdemeanor. He was adjudicated guilty of this offense after entering a guilty plea to the charge and sentenced to time served. Petitioner's commission of this misdemeanor marijuana possession offense also resulted in a finding that he had violated the conditions of his probation in Case No. 80-5141CF. Based upon this finding, Petitioner's probation was extended an additional two years. In accordance with the recommendation of his probation officer, Petitioner was discharged from his probation on January 9, 1986, more than five months prior to the date it was due to expire. In 1989, Petitioner was separated, but not yet divorced, from his first wife, Theresa. Theresa was living in the home she and Petitioner had shared prior to their separation. Petitioner was living in a trailer on his parent's property. Theresa had changed the locks on the doors in an effort to prevent Petitioner from entering the marital home. She had also obtained a court order enjoining Petitioner from harassing her. In late June or early July of 1989, Petitioner and Theresa reconciled. Theresa gave Petitioner a key to the marital home and invited him to move back in and live with her again. Petitioner accepted the invitation. The couple lived together peaceably and without incident for approximately a week. On the morning of July 8, 1992, however, Petitioner and Theresa had an altercation that abruptly put an end to their reconciliation. The altercation began when, using the key Theresa had given him the week before, Petitioner opened the front door to their home and went inside. Petitioner was tired inasmuch as he had spent a sleepless night in the hospital room of his ill grandmother. He intended to go directly to his bedroom to try to get some sleep. Theresa was home, but she was not alone. She was with another man. As Petitioner walked through the doorway and into the home, Theresa confronted him. She had a firearm in her hand. The gun was pointed in Petitioner's direction and was very close to his face. Petitioner pushed the firearm aside and headed upstairs to his bedroom. Theresa followed close behind Petitioner, threatening to shoot him. In the bedroom was a jewelry box that contained a wedding ring that Petitioner had given Theresa to wear. 1/ Petitioner took the box. He then exited the bedroom, walked downstairs and went out the front door with the jewelry box still in his possession. Theresa unsuccessfully attempted to prevent Petitioner from getting into his car by pulling his hair and trying to choke him. As Petitioner drove off, Theresa shot at his car. Based upon erroneous information provided by Theresa about this incident, Petitioner was arrested for strong armed robbery, breaking and entering by forced entry, battery on a spouse and violating the terms of the injunction that Theresa had obtained against him. 2/ No formal charges, however, were filed against Petitioner as a result of the incident. The aforementioned injunction was subsequently vacated retroactive to the day before the incident. It appears that, although he may have run afoul of the law when he was younger, Petitioner has since matured and transformed himself into a responsible, honest and law-abiding citizen.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED that the Department enter a final order finding that Petitioner should not be denied licensure as a private investigator intern on the grounds cited in the Department's May 4, 1992, denial letter, as amended at hearing. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 12th day of October, 1992. STUART M. LERNER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of October, 1992.
The Issue The issue in this case is whether Respondent is guilty of fraud or deceit in the practice of activities regulated under Chapter 493 and knowingly violating a statutory prohibition against carrying a concealed firearm in the course of business regulated by Chapter 493.
Findings Of Fact At all material times, Respondent has held a Class "A" Private Investigative Agency License, a Class "C" Private Investigator License, and a Class "PD" Proprietary Security Officer License. By final order entered December 8, 1992, Petitioner suspended Respondent's Class "A" and "C" licenses for one year for unlawfully intercepting oral communications. The final order also imposes an administrative fine of $1000 for this violation. In August, 1991, Respondent was retained by a client to perform an asset check of another person. Respondent did not perform the work to the client's satisfaction, so the client filed a complaint with Petitioner. On September 17, 1991, Petitioner's investigator visited Respondent at his office to conduct an interview. When the investigator asked to see Respondent's file on the case, he went to his filing cabinet, pulled out a drawer, and exclaimed that the file was missing. The investigator asked what happened, and Respondent said that someone must have stolen the file. The investigator advised Respondent that, if so, he should report the theft to the police. Respondent did report the theft to the police. In so doing, he made a false report to the police. The file was not missing or stolen; Respondent was trying to obstruct the investigation into the complaint that the client had made against him. When requested to visit the police station for an interview in November, 1991, Respondent wore his handgun in a shoulder holster under his jacket. The evidence is unclear as to the status of Respondent's Class "C" license at the time of the interview at the police department. There is some evidence that it had expired due to nonrenewal, but Respondent also testified that he had already mailed a check and the paperwork necessary for the renewal. However, Respondent may be presumed to be aware that even a current Class "C" license does not authorize the licensee to carry a concealed firearm into a police station.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department of State, Division of Licensing, enter a final order dismissing Count II, finding Respondent guilty of violating Section 493.6118(1)(f), issuing a reprimand, and imposing an administrative fine of $1000. ENTERED on September 24, 1993, 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 September 24, 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 Attorney Henri C. Cawthon Department of State Division of Licensing The Capitol, Mail Station #4 Tallahassee, Florida 32399-0250 Frank J. Lanzillo 520 - 12 Street West, #203 Bradenton, Florida 32405
The Issue Whether the Petitioner has the three years of experience as an employment clerk of its equivalent as required by 449.023(1), Florida Statutes.
Findings Of Fact Sarah B. Bedingfield applied for licensure as a private employment agency and private employment agent pursuant to the provisions of Chapter 449, Florida Statutes. The evidence reveals that Sarah B. Bedingfield has extensive experience as an office manager but lacks specifically three years experience as an employment clerk or its equivalent. The Petitioner meets all other requirements of licensure as an employment agency and employment agent.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the application of Sarah B. Bedingfield as an employment agency and employment agent be denied. DONE and ORDERED this 27th day of November, 1978, in Tallahassee, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings 101 Collins Building MAILING ADDRESS: 530 Carlton Bldg. Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of November, 1978. COPIES FURNISHED: Ms. Sarah B. Bedingfield 18700 South West 99th Road Miami, Florida Marvin Sirotowitz Division of Licensing The Capitol Gerald Curington, Esquire Department of State The Capitol Tallahassee, Florida
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.
The Issue The issue for determination is whether Respondent committed violations of provision of Chapter 493, Florida Statutes, sufficient to justify the imposition of disciplinary action against Respondent's Class "A" Private Investigative Agency License; his Class "C" Private Investigator License; his Class "D" Security Officer License; his Class "G" Statewide Firearm License; and his Class "M" Private Investigative/Security Agency Manager License.
Findings Of Fact The Department of State hereby adopts and incorporates herein by reference the Findings of Fact and Conclusions of Law in the Recommended Order. WHEREFORE, based upon the foregoing, it is ORDERED that Respondent's Class "A" Private Investigative Agency License, Number A93-00352, effective October 11, 1993; his Class "C" Private Investigator License, Number C93-00189, effective March 8, 1993; his Class "D" Security Officer License, Number D93- 10584, effective July 15, 1993; his Class "G" Statewide Firearm License, Number G93-01 133; effective May 24,1993, and his Class "M" Private Investigative/Security Agency Manager License, Number M93-00074, effective July 15, 1993, are hereby REVOKED. It is further ORDERED based on a complete review of the record and in accordance with the Hearing Officer's Conclusion of Law Number 27 and the Hearing Officer's finding of aggravating circumstances pursuant to Rule 1 C-3. 113(5), Florida Administrative Code, that as to Count III of the Administrative Complaint, Respondent be and is hereby FINED $700.00 pursuant to Rule 1C-3.113(2)(q), Florida Administrative Code. Payment of the administrative fine shall be by cashier's check or money order payable to the Department of Stated Division of Licensing within thirty (30) days.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered finding Respondent guilty of allegations contained in Counts I, II and III of the Amended Administrative Complaint, and it is FURTHER RECOMMENDED that such final order revoke Respondent's Class "A" Private Investigative Agency License, Number A93-00352, effective October 11, 1993; his Class "C" Private Investigator License, Number C93-00189, effective March 8, 1993; his Class "D" Security Officer License, Number D93-10584, effective July 15, 1993; his Class "G" Statewide Firearm License, Number G93- 01133; and his Class "M" Private Investigative/Security Agency Manager License, Number M93-00074, effective July 15, 1993. DONE and ENTERED this 26th day of April, 1996, in Tallahassee, Leon County, Florida. DON W. DAVIS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of April, 1996. APPENDIX The following constitutes my ruling pursuant to Section 120.59, Florida Statutes, on proposed findings of fact submitted by the parties. Petitioner's Proposed Findings 1.-12. Accepted in substance, though not verbatim. 13. Incorporated by reference. 14.-17. Accepted in substance. 18.-19. Incorporated by reference. 20.-23. Rejected, unnecessary to result. 24.-38. Accepted in substance, though not verbatim. 39. Rejected, unnecessary to result. 40.-42. Incorporated by reference. Respondent's Proposed Findings 1. Accepted in substance. 2.-4. Rejected, argument. 5. Rejected, Class C license was effective in March. 6.-10. Rejected, unnecessary to result reached. 11. Incorporated by reference. 12.-15. Unnecessary to result, rejected. Rejected, hearsay. Rejected, not supported by the weight of the evidence. Accepted. Accepted. 20.-26. Rejected, subordinate to HO findings. 27. Rejected, credibility. 28.-29. Accepted. 30.-31. Rejected, credibility, not supported by weight of the evidence. 32.-38. Rejected, relevance. 39. Accepted in substance. 40.-41. Rejected, credibility. 42. Accepted in substance. 43.-46. Rejected, subordinate to HO findings. 47.-48. Accepted in substance. Rejected, subordinate, credibility. Rejected, credibility. 51.-52. Rejected, subordinate. 53.-54. Rejected, relevance, credibility. Rejected, subordinate, credibility. Rejected, subordinate to HO findings. Rejected, subordinate, relevance, credibility. 58.-59. Rejected, credibility, weight of the evidence. 60.-62. Rejected, relevance, subordinate to HO findings. Rejected, credibility. Rejected, weight of the evidence. Incorporated by reference. 66.-68. Rejected, subordinate to HO findings. 70.-77. Rejected, subordinate, argumentative, legal conclusions. COPIES FURNISHED: Douglas D. Sunshine, Esquire Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Theodore E. Mack, Esquire Cobb, Cole and Bell 131 North Gadsden Street Tallahassee, Florida 32301 Sandra B. Mortham Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel Department of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250
The Issue Case No. 97-3049 Did Respondent conduct business as a private investigative agency during the period of January 1, 1997, through April 7, 1997, without a Class “A” Private Investigative Agency License in violation of Section 493.6118(1)(g), Florida Statutes? Did Respondent perform the services of a private investigator during the period of January 1, 1997 through April 7, 1997, without a Class “C” Private Investigator License in violation of Section 493.6118(1)(g), Florida Statutes? Case No. 97-3096 Did Respondent conduct business as a private investigative agency during the period of January 1, 1997, through April 7, 1997, without a Class “A” Private Investigative Agency License in violation of Section 493.6118(1)(g), Florida Statutes? Did Respondent perform the services of a private investigator during the period of January 1, 1997, through April 7, 1997, without a Class “C” Private Investigator License in violation of Section 493.6118(1)(g), Florida Statutes?
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant findings of fact are made: The Department is the agency of the State of Florida charged with the responsibility of investigating and enforcing the provisions of Chapter 493, Florida Statutes. Case Number 97-3049 Respondent Dormal Cavilee was not licensed as a private investigator in the State of Florida and did not possess a State of Florida Class “C” Private Investigator license at any time material to this proceeding. Respondent Dormal Cavilee was not licensed as a private investigative agency in the State of Florida and did not possess a State of Florida Class “A” Private Investigative Agency license at any time material to this proceeding. During the period of January 1, 1997, to April 7, 1997, Respondent Dormal Cavilee performed private investigations, as defined in Section 493.6101(17), Florida Statutes, for Geoffrey A. Foster, attorney-at-law and for Dwight M. Wells or Deborah Wells (Wells), attorneys at law. While performing private investigations for Foster and Wells during the period of January 1, 1997 to April 7, 1997, Respondent Dormal Cavilee was under contract and was not solely and exclusively employed by Foster or by Wells. Additionally, an employer-employee relationship did not exist between Foster or Wells and Respondent Dormal Cavilee in that neither Foster nor Wells deducted federal income tax or social security tax, or furnished any health or retirement benefits to Respondent Dormal Cavilee. Case Number 97-3096 Respondent Mary Cavilee was not licensed as a private investigator in the State of Florida and did not possess a State of Florida Class “C” Private Investigator license at any time material to this proceeding. Respondent Mary Cavilee was not licensed as a private investigative agency in the State of Florida and did not possess a State of Florida Class “A” Private Investigative Agency license at any time material to this proceeding. During the period of January 1, 1997, to April 7, 1997, Respondent Mary Cavilee performed private investigations, as defined in Section 493.6101(17), Florida Statutes, for Dwight M. Wells or Deborah Wells (Wells), attorneys at law. While performing private investigations for Wells during the period January 1, 1997, to April 7, 1997, Respondent Mary Cavilee was under contract and was not solely and exclusively employed by Wells. Additionally, an employer-employee relationship did not exist between Wells and Respondent Mary Cavilee in that Wells did not deduct federal income tax or social security tax, or furnish any health or retirement benefits to Respondent Mary Cavilee. Case Numbers 97-3049 and 97-3096 A billing statement from Respondent Dormal Cavilee and Respondent Mary Cavilee dated March 1, 1997, to Dwight M. Wells, shows the date of investigation, the person performing the investigation (either Dormal Cavilee or Mary Cavilee), the amount of time involved in performing the investigation, the hourly rate and the total amount charged. The billing statement shows that the investigations are related to the defense of Grady Wilson in Case Number CF93-5094-A1XX, a criminal case in Polk County, Florida. Nothing on the billing statement indicates that it is a statement for private investigations furnished by a private investigative agency referred to as Criminal Defense Investigations. The Motion for Payment of Costs filed by Dwight M. Bell in Case Number CF93-5094-A1XX provides in pertinent part: That the following expense was incurred during the investigation, discovery process, pre-trial preparation and trial of this cause: Criminal Defense Investigations $2,500.00 Both the Order Approving Additional Funds for Investigation Costs dated March 3, 1997, and the Order Approving Motion for Payment of Costs refer to the payments as payment for investigations performed by criminal defense investigations. Neither Respondent Dormal Cavilee nor Respondent Mary Cavilee advertised as providing, or engaged in the business of furnishing private investigations, notwithstanding language in the motion and orders referred to above which was apparently referring to the type of services being performed rather than private investigations being furnished by a private investigative agency. On April 7, 1997, a Cease and Desist Order was issued to both Respondent Dormal Cavilee and Respondent Mary Cavilee. The record indicates that both Respondent Dormal Cavilee and Respondent Mary Cavilee honored the Cease and Desist Order and cease performing any private investigations other than in an employer-employee relationship with Wells. Chapter 493, Florida Statutes, did not apply to such activity. See Section 493.6102, Florida Statutes. Neither Respondent Dormal Cavilee nor Respondent Mary Cavilee attempted to “cover-up” any of their activities when questioned by the investigator for the Department. Respondents knew or should have known that their activity in regards to investigations for Foster and Wells required that they be licensed under Chapter 493, Florida Statutes. However, there appeared to be some confusion on the part of the Respondents as to whether their relationship with the defense attorneys required that they be licensed under Chapter 493, Florida Statutes.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law and review of Rule 1C-3.113, Florida Administrative Code, concerning disciplinary guidelines, range of penalties, and aggravating and mitigating circumstances, it is recommended that the Department in Case Number 97-3049 enter a final order: (a) dismissing Counts I, II, and IV of the Administrative Complaint; (b) finding Respondent Dormal Cavilee guilty of the violations charged in Count III and V of the Administrative Complaint, assess an administrative fine in the amount of $300.00 for each count for a total of $600.00. It is further recommended that the Department in Case Number 97-3096 enter a final order dismissing Counts I and III of the Administrative Complaint; and finding Respondent Mary Cavilee guilty of the violations charged in Count II of the Administrative Complaint, assess an administrative fine in the amount of $300.00. DONE AND ENTERED this 2nd day of January, 1998, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6947 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of January, 1998. COPIES FURNISHED: Hon. Sandra B. Mortham Secretary of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel The Capitol, Plaza Level-02 Tallahassee, Florida 32399-0250 Kristi Reid Bronson, Esquire Department of State, Division of Licensing The Capital, Mail Station Four Tallahassee, Florida 32399-0250 Dormal Dean Cavilee 1900 Queens Terrace Southwest Winter Haven, Florida 33880 Mary Louise Cavilee 2768 Janie Trail Auburndale, Florida 33823
Findings Of Fact 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 At all times pertinent to the allegations herein, Respondent, Lawrence E. Singleton, held a Class "A" Private Investigative Agency license issued by the State of Florida under license number A 0001058, issued on October 12, 1987, to expire June 30, 1989. From 1969 through 1976, he also held a Class "C" Private Investigator license No. 227-C, and on July 7, 1988, applied again for a Class "C" license. From late 1976, however, to the date of application for a new "C" license in 1988, he did not hold a valid "C" license in Florida. In 1986, Respondent agreed to sponsor Paul E. Hartigan for a Class "CC" Investigator Intern license utilizing his, Respondent's, license, Number GK 0001058 or 000007271. Neither was a bona fide Class "C" license, however. The sponsor form signed by the Respondent indicated he held a class "C" license. This was incorrect. As of June 23, 1988, Respondent was notified by the Department, by certified mail, that he did not possess a valid Class "C" or "A" license. That letter was correct as to the Class "C" license, but it was incorrect as to the Class "A" license. Janet R. Yonts, a well to do, eccentric, elderly woman who is active in animal rights causes in Florida and elsewhere, first met Respondent in 1986 through Mr. Bert Wahl, Jr., also active in those causes. In March 1988, she again contacted Respondent to do some work for her. She was looking for a private investigator to secure evidence of animal abuse against a Mr. Curtis, operator of the King Kong Zoo in Brooksville, Florida, who was suspected of abusing his animals. A corollary effort of Ms. Yonts, and one which she gave to Respondent, was to secure help for a friend, Ms. Bates, in her efforts to remove her trailer home from Mr. Curtis' property. Ms. Yonts was, for the most part, satisfied with Respondent's performance in their 1986 dealings. At that time, she paid him between $3,000 and $4,000 without receiving either an itemized statement or a report. Mr. Singleton attempted to get the evidence that Ms. Yonts desired concerning Mr. Curtis but denies he was in any way employed to move Ms. Bates' trailer. Ms. Bates was occupying her own trailer in a rental space on Mr. Curtis' property and had fallen behind in her rent payments when Mr. Curtis raised the rental payments considerably. Though Respondent denies any substantial effort to achieve the release of Ms. Bates' unit, and though he claims that what efforts he made did not constitute private investigation, the evidence indicates that on at least one occasion, in March or April 1988, he met with Ms. Bates and Mr. Curtis' stepson to discuss the possibility of getting the trailer off the property. Respondent contends that this meeting dealt primarily with an effort to get Mr. Curtis' stepson to provide evidence against his stepfather regarding the animal abuse allegations. In addition, he made at least one reconnaissance trip to the site, a trip on which he made a video tape which he played at the hearing. On that visit, he was unable to find the trailer in question because it had already been moved by someone else at Ms. Bates' direction As a result of the arrangement between Ms. Yonts and Mr. Singleton, however, she paid him $1,400.00 of which $500.00 was to be and was paid to Ms. Bates far back rent payments. The balance was to be used by Respondent both in his efforts to secure release of the trailer and to gather evidence against Mr. Curtis on the animal abuse allegations. There is substantial question in Ms. Yonts' mind as to how and where the remaining $900.00 was actually used. She made many phone calls to Respondent in an effort to get him to give her an accounting of the money spent and a report of his actions along with a bill for his services. He either ignored her requests or refused to provide such an accounting. Ms. Yonts also tried to get an accounting through her friend, Ms. Grabau, who was familiar with Mr. Singleton and what he was to do, and her efforts were also to no avail. Ultimately Ms. Yonts requested her Maine attorney, Mr. Strong, to contact Mr. Singleton and request an accounting and statement. When this was done, Respondent initially agreed to provide it, but immediately thereafter refused. Because Mr. Strong did not show a written authorization from Ms. Yonts, Respondent took the position that the confidentiality of his relationship with his client precluded him from releasing any information. He took the same position with Ms. Yonts' Florida attorney, Mr. Horan, who requested, both telephonically and in writing, an accounting and statement from the Respondent. At no time was either furnished. Respondent denies having received any request from Ms. Yonts and indicates he would have provided such requested information if he had been asked. By the same token, he also states that if either attorney or anyone purporting to represent Ms. Yonts had shown him a written authorization from her to release the information, he would have done so at that time. His testimony in that regard lacks credibility. Granted his reluctance to release the information to Ms. Grabau, both attorneys communicated with him on their professional letterhead, indicating their representative status, and he neither provided them with the information nor indicated what he would accept as authorization. Neither did he call Ms. Yonts to verify the authorization. It is clear Mr. Singleton had no intention of providing any statement or accounting to Ms. Yonts or her representatives for the $900.00 she gave him. At the hearing, however, he testified he spent well in excess of $1,000.00 worth of time in pursuit of her interests and that he earned every bit of the $900.00 fee she paid. Even at the hearing, however, he did not itemize and it is not at all unreasonable that Ms. Yonts should request an itemization. Having requested one, it is also not unreasonable that she should receive it. There was substantial issue raised by Respondent as to Ms. Yonts' competence to testify and to recall with any degree of accuracy the substance of her dealings with him. He made much of her inability to recall the actual address of her daughter whom she has not seen for several years. She related, however, that her daughter, from whom she is estranged, a not unusual situation, had recently moved. He alleged she rides around in a limousine with a basset hound who is not house broken, but she denied that, requesting to keep her animals out of the discussion. When his counsel asked her when she last combed her hair, she stated that she didn't comb it, but then quickly pointed out that she recently had a permanent and brushes it instead. While Respondent claims that Ms. Yonts, in her automobile outside of Ms. Grabau's house when she retained him to represent her in the matters in issue here, invited him to go to Australia with her, claiming they could have a good time, she unequivocally denies that happened. She admits to having been hospitalized for mental problems at one time in the past but claims she voluntarily admitted herself and was released when she recovered. She also admits that sometime around 1974, her not insubstantial property was placed into a conservancy but she has since been restored to full control over it and the conservancy has been cancelled. It is clear from the testimony given at the hearing and from personal observation of all parties, that while Ms. Yonts may be eccentric and unusual, while her syntax in speech may be unusual, and while she may be somewhat unsure as to the exquisite details of occurrences (times and dates), her testimony as a whole makes it clear she is competent to testify and her credibility is good. She is past seventy years of age. Though she may be reluctant to discuss her pets, this does not mean her recollection of past facts is faulty and when she claims to have repeatedly requested a statement and accounting of her fee from the Respondent, she is believable. Her eccentricities and idiosyncrasies in no way detract from the weight of her testimony in regard to the fundamentals of her story. Respondent's innuendo that she was coached as to what to say in her testimony by the Department's investigator is unsubstantiated and without merit. Ms. Yonts paid Respondent a substantial sum for the work he did for her on the prior occasion and at that time also got no itemization. Apparently, none was requested then. In the instant case, however, after she decided she could no longer work with him, while in the course of a conversation with someone about her dissatisfaction, it was suggested to her that she should get an itemization from Respondent as to the disposition of the money she had given him. When she entered the agreement with him, no set fee was agreed upon. She took it for granted Respondent would do what was necessary and would thereafter charge her a reasonable fee for his services. There was no request then for an itemized report. However, after the termination of their relationship, and after she spoke with another detective agency where she again was advised to get an accounting, she then requested one from Respondent. It was only when her repeated efforts to contact Respondent failed that she requested Horan and Ms. Grabau to speak with Respondent, and admittedly, she did not advise him that either was her representative. Respondent was first licensed in Florida as a private investigator in 1969 and, to the best of his knowledge, was licensed as such continuously ever since. As was seen before, however, his licensing history shows otherwise. In 1976 his "C" license was changed to an "A" license and he has maintained his "A" license throughout. Respondent changed from a "C" license to an "A" license because of the large number of investigator interns who wanted to work for him. He claims he called the Secretary of State's licensing office in Tallahassee at the time and was told by whomever answered the phone that to use interns in his work, he needed an "A" license. He also claims he was told he would have to change the "C" license to an "A" license when, in reality, he could have maintained both. In order to act as an investigator, one must hold a "C" license, but one may own and operate an investigative agency with merely an "A" license if one does not perform investigative work himself. Each year, after the change over, Respondent's "A" license was renewed. He relied completely on these automatic renewals as well as the fact he did what was advised by Department personnel to indicate he was properly licensed. Even in the case of Mr. Hartigan, the intern, who had been denied licensure because the Department claimed no record of Respondent, his "master," having a "C" license, when Respondent sent in evidence of his license status, Hartigan was licensed. He felt this was additional evidence of the propriety of his licensure status. Respondent is aware of the requirement in Chapter 493, Florida Statutes, that interns holding a "CC" license work under the supervision of the holder of a "C" license. Since Hartigan was licensed with a "CC" license while working for Respondent, who in reality held only an "A" license at the time, Respondent now claims that the Department is estopped from denying he was properly licensed as the holder of a "C" license at the time. All of this relates to the period of time during which Respondent was performing investigative services for Ms. Yonts. The issue of estoppel is a legal issue which will be discussed and resolved in the Conclusions of Law, infra. While Mr. Singleton admits to having done work for Ms. Yonts in 1986, his employment was arranged by Mr. Wahl and he did not meet her until about a year and a half later when Ms. Grabau advised him Mr. Curtis was suing Ms. Yonts because of the surveillance he had done. He met with Ms. Yonts at Grabau's house where they talked both inside the house and outside in her car. It was at this time Ms. Yonts allegedly suggested he accompany her to Australia as her bodyguard, a suggestion he interpreted as a pass. As was noted previously, Ms. Yonts denies this and her story is the more credible. It was also at this time that Ms. Yonts asked Respondent to continue the investigation into Mr. Curtis' activities. He claims that at this time he advised Ms. Yonts, and she agreed, that nothing would be committed to paper, reports or bills. He claims Ms. Yonts never told him that either Mr. Strong, in Maine, or Mr. Horan, in Florida, were her attorneys nor did she give him any authorization then to release the information he discovered to anyone other than her, and he was unable to reach her directly since he had no phone number for her. This may well be true because Ms. Yonts is, if nothing else, mobile. Respondent denies ever being hired by Ms. Yonts to move Ms. Bates' trailer. This may be true, however, he was retained by her to assist Ms. Bates in extricating herself from the situation in which she found herself regarding her trailer. He was sent money by Ms. Yonts with instructions to deliver $500.00 to Ms. Bates, which he did. Nonetheless, somewhat later, when it became obvious to him there would be some trouble over the trailer and Ms. Yonts' relationship with Curtis, he decided to look further into the matter. It was at this point he drove out to the park to find the trailer but discovered it had, by that time, been moved. In his opinion, his activities regarding the trailer had nothing to do with private investigations, however, either in practice or under the definition outlined in Section 493.30, Florida Statutes. There came a time in their relationship when Respondent "fired" Ms. Yonts as his client by long distance phone call because the evidence she was looking for regarding Curtis' abuse of animals simply was not there. When he told her that, she got quite upset, he claims, but soon calmed down: He claims great compassion for Ms. Yonts and believes she is being used by many people. From their day-to-day relationship he concluded she did not possess all her faculties and was not living a realistic existence. He kept the $900.00 remaining from the $1,400.00 he received from Ms. Yonts because he believed he earned it as a result of his continuing investigation on her behalf. Though he claims to have kept a rough calculation of hours and mileage spent in this investigation in his records, he has never produced them to Ms. Yonts or her agents, or at the hearing.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that the Respondent, Lawrence E. Singleton, as to his current licenses as a Private Investigator and Private Investigative Agency, be placed on probation for a period of six months under such terms and conditions as the Department may specify; that he be reprimanded; and that he pay an administrative fine of $500.00. RECOMMENDED this 11th day of July, 1989 at Tallahassee, Florida. ARNOLD H. POLLOCK, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 11th day of July, 1989. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 89-0117 The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on a;; of the Proposed Findings of Fact submitted by the parties to this case. By the Petitioner: Accepted and incorporated herein. Accepted and incorporated herein except that the signature block indicating Respondent held a "C" license was pre-printed on the form. Accepted and incorporated herein. Accepted and incorporated herein. Respondent received $1,400 from Ms. Yonts as a fee to both assist Ms. Bates and look into the alleged animal abuse by Mr. Curtis. Rejected as inconsistent with the evidence and law. Accepted and incorporated herein. 8-11. Accepted and incorporated herein. 12. Accepted and incorporated herein. By the Respondent: Last sentence accepted and incorporated herein. Balance rejected as argument and comment on the evidence. First, second and last sentences rejected as argument and comment on the evidence. Balance accepted and incorporated herein. 3 & 4. Accepted and incorporated herein. 5 & 6. Accepted. Not a Finding of Fact but a statement of pertinent law and a comment on the allegations. Accepted. Accepted. Rejected as inconsistent with the evidence. Accepted. 12 & 13. Accepted and incorporated herein. Rejected as to 1st and 2nd sentences. Third and fourth sentences irrelevant. Fifth sentence accepted. First and Second sentences rejected as argument. Third sentence rejected. Petitioner offered evidence to this effect which was objected to by Respondent. Balance accepted. Rejected as conclusive in Findings of Fact. Last sentence rejected as not a pertinent finding of fact. First sentence a recitation of evidence. Balance irrelevant. COPIES FURNISHED: Henri C. Cawthon, Esquire Asst. Attorney General Department of State The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Douglas M. Wycoff, Esquire 705 East Kennedy Blvd. Tampa, Florida 33602 Hon. Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse, Esquire General Counsel The Capitol, LL-10 Tallahassee, Florida 32399-0250 =================================================================
