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 material to this proceeding, Respondent held a Class "A" Private Investigative Agency License, Number A00-01205, and a Class "C" Private Investigator Licence, Number C00-01229. Respondent has been licensed as a private investigator since 1962. During that time, there has been no disciplinary action against his licenses. On or about May 26, 1994, Leslie Dillingham hired Respondent to obtain proof of her husband's homosexuality for use in a divorce and custody proceeding. During the initial meeting between Respondent and Ms. Dillingham, she requested that Respondent conduct a surveillance of her husband, Mr. Dillingham, and his alleged boyfriend. She also requested that Respondent send someone who could pass as being gay to attend a meeting of an alleged support organization for homosexual men at a branch of the public library on May 28, 1994. Ms. Dillingham wanted to find out the names and addresses of the gay men who were members of the support group. Respondent represented to Ms. Dillingham that he would conduct the surveillance and that he had employees that could assist him in performing these services. He told Ms. Dillingham that he had an employee who could pass as being gay and infiltrate the organization of gay men. However, that employee was out of town. Respondent said he would contact this employee and have him attend the meeting at the library. During the initial meeting between Respondent and Ms. Dillingham, she expressly informed Respondent of the time constraints involved in the investigation. She needed all available information before June 7, 1994, which was the trial date for her divorce and child custody proceeding. Ms. Dillingham specifically requested an oral daily report, an itemized statement of the work done, and a written report of the outcome of Respondent's investigation. Respondent was to make his daily reports by telephone to Ms. Dillingham's home or office. Ms. Dillingham gave Respondent some pictures of her husband and his alleged boyfriend along with the tag numbers for their automobiles. She also gave Respondent a retainer in the amount of $1,500. She agreed to pay Respondent and/or his employees $40 per hour. Respondent immediately began his surveillance of Mr. Dillingham's residence on May 26, 1994. At all times relevant to this proceeding, Respondent worked alone and did not engage any employee or other investigator to assist him with the investigation. On May 27, 1994, Respondent continued his surveillance of Mr. Dillingham's apartment and made spot checks at the home of the alleged boyfriend who lived in a different part of town. The surveillance revealed no contact between the two subjects. Respondent did not attempt to make his daily report to Ms. Dillingham. On May 28, 1994, Respondent conducted surveillance of the subjects' residences, first one and then the other, until 4:00 p.m. At that time, Respondent went to the library branch where the support group was scheduled to meet. He had been unable to arrange for his employee to infiltrate the meeting. Instead, Respondent sat outside the door of the meeting where he could hear the group planning a Memorial Day picnic. He was able to record the tag numbers of some of the men attending the meeting. Neither of the subjects attended the support group meeting. After the meeting, Respondent resumed his surveillance at the residences of Mr. Dillingham and the alleged boyfriend. They did not have any contact with each other. Again, Respondent did not attempt to contact his client to make his daily report. The next day was Sunday, May 29, 1994. Once again Respondent's surveillance of the subjects' residences was not fruitful. Respondent contacted his client, Ms. Dillingham, who directed him not to begin surveillance of the husband until after noon the next day. Ms. Dillingham did not want Respondent to conduct surveillance on the morning of May 30, 1994, because her husband would have visitation with their son during that time. Monday, May 30, 1994, was Memorial Day. Respondent's surveillance from 1:30 p.m. to 11:30 p.m. did not reveal any contact between the subjects. However, Respondent made his daily report to his client. Ms. Dillingham informed Respondent that she was attempting to serve her husband's male friends with subpoenas for deposition. She told Respondent that once "the cat was out of the bag," continued surveillance probably would not be useful. On May 31, 1994, Respondent was unable to locate the vehicle of the client's husband at home or at work. Spot checks throughout the day revealed no activity between the subjects. When Respondent made his daily report, Ms. Dillingham told him that depositions of her husband's friends would take place on June 2, 1994, and mediation on June 3, 1994. After this conversation, Respondent understood that the surveillance part of the investigation was complete. Ms. Dillingham's husband had visitation with their son on Wednesday evening, June 2, 1994, and on the weekend from Friday, June 3, 1994, through Sunday, June 5, 1994. Ms. Dillingham did not want surveillance conducted during visitation periods. Ms. Dillingham and her sister, Karlene Goller, tried to reach Respondent by phone several times everyday from June 1, 1994, through June 4, 1994. They were not successful. On Sunday, June 5, 1994, Respondent returned one of Ms. Dillingham's calls and agreed to meet her at her office. During the meeting, Respondent returned the photographs of Ms. Dillingham's husband and his alleged boyfriend. He also gave her the tag numbers of some of the men who attended the support group meeting at the public library. Ms. Dillingham was dissatisfied with the results of Respondent's investigation because it had not produced any evidence of her husband's homosexuality. Respondent informed Ms. Dillingham that he had worked for 60 hours on the case. Ms. Dillingham was so upset that Respondent agreed to continue the investigation without charging her for his time in excess of the $1,500 retainer. Respondent said he would visit some gay bars to determine whether anyone knew Mr. Dillingham. Respondent told Ms. Dillingham that he might have to pay someone at the gay bars to contact him if they saw Mr. Dillingham at a bar. On Monday, June 6, 1994, Respondent went to some gay bars. At a bar known as the Metro, Respondent made contact with a bartender/security man, Bruce Long, who knew most of the gay men in town. However, Mr. Long did not know Mr. Dillingham by name and verbal description. Respondent gave $50 dollars to Mr. Long and promised to furnish him with a photograph of Mr. Dillingham. In exchange for the money, Mr. Long agreed to call Respondent if he saw Mr. Dillingham. Around 11:00 p.m. on June 6, 1994, Respondent met with Ms. Dillingham and her sister at a Waffle House on Roosevelt Boulevard. She gave a photograph of Mr. Dillingham to Respondent to show to Mr. Long at the Metro. Later that night, Respondent returned to the Metro. He gave the photograph of Mr. Dillingham to Mr. Long who agreed to show it around to friends and bartenders at other gay clubs. June 7, 1994, was the date of the final hearing in Ms. Dillingham's divorce and custody proceeding. After checking with Mr. Long to find out if any of his gay friends knew Mr. Dillingham, Respondent beeped Ms. Dillingham indicating that he had no new information. Ms. Dillingham never saw Respondent's investigative report marked as Petitioner's Exhibit One (1) until an investigator from Petitioner's office showed it to her. She never received an itemized statement or bill indicating how Respondent spent her retainer.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, hereby, RECOMMENDED that Petitioner issue a final order reprimanding Respondent, imposing an administrative fine in the amount of $250 and placing the licensee on probation for a period of time and subject to such conditions as the department may specify. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 21st day of February 1996. SUZANNE HOOD, HEARING OFFICER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of February, 1996. APPENDIX 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. Petitioner's Proposed Findings of Fact Accepted in Findings of Fact 1. Accepted in Findings of Fact 2. Accepted in Findings of Fact 3 except for last sentence in 3(a) of the Proposed Facts which is rejected. No persuasive evidence that Respondent and his client discussed the need to make inquiries at gay bars during the initial meeting. Accepted in Findings of Fact 4. Accepted in Findings of Fact 4. Accepted in Findings of Fact 5. Accepted in Findings of Fact 7. Rejected as contrary to greater weight of evidence. Rejected as contrary to greater weight of evidence. Accepted in Findings of Fact 15 and 16. Accepted in Findings of Fact 16. Accepted as restated in Findings of Fact 10 and 16-17. Accept in Findings of Fact 17 that Respondent agreed to visit some gay bars but reject that Respondent offered to buy testimony. Accepted in Findings of Fact 18. Accepted in Findings of Fact 18-20. Accepted in Findings of Fact 21. Accepted but subordinate to Findings of Fact 21. Respondent's Proposed Findings of Fact Respondent did not file Proposed Findings of Fact. COPIES FURNISHED: Henry H. Wells Attorney at Law 8015 Tara Lane Jacksonville, Florida 32216 Kristi Reid Bronson Assistant General Counsel Department of State Division of Licensing The Capitol, Mail Station Number 4 Tallahassee, Florida 32399-0250 Honorable Sandra B. Mortham Secretary of State Department of State The Capitol Tallahassee, Florida 32399-0250 Don Bell General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact 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 Respondent currently holds a Class "CC" private investigator intern license, #CC85-00162. On the morning of May 27, 1987, Respondent visited Tropical Men's Wear to pick up some clothes. The store's owner, John Menegat, told Respondent that Donald Scheib owned Mr. Menegat some money. Mr. Menegat did not hire Respondent to collect this alleged debt. On or before the above-described conversation, Respondent presented Mr. Menegat with a business card. In very large print the card read, "FLORIDA STATE INVESTIGATOR." It bore one outline of two badges resembling badges used by law enforcement officers throughout the state. It also bore Respondent's name and telephone numbers. Later the same day, Respondent identified himself to Pauline E. Kemp, who was the receptionist at an office building in Maitland, Florida, where he believed Mr. Scheib maintained an office. The purpose of the visit was to attempt to collect the alleged debt owed by Mr. Scheib to Mr. Menegat. When Ms. Kemp explained to Respondent that Mr. Scheib was unavailable, Respondent identified himself as an "investigator" and displayed to her his badge and identification card which he carried in a dark leather wallet. The card and badge are highly misleading. The badge, which is secured to the inside of the wallet, resembles the badge used by law enforcement officers throughout the state. In the center of the badge is a close facsimile of the state seal. The outer circle of the badge carries the words, "INVESTIGATOR" and "FLORIDA." The inner circle of the badge carries the slightly smaller words, "STATE OF FLORIDA." The card bears Respondent's photograph. Stamped diagonally across the card in large letters is the word, "INVESTIGATOR". At the top of the card in slightly smaller letters are the words, "STATE OF FLORIDA." In very small print beneath these words are the words "private investigative agency." In the background behind Respondent's name, address, state agency id number," and signature is the outline of a badge resembling the badge used by law enforcement officers throughout the state. Respondent used this badge for "results" -- that is, to intimidate uncooperative persons.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered finding Respondent guilty of violating Section 493.319(1)(i), Florida Statutes, and imposing upon him an administrative fine of $250. DONE and RECOMMENDED this 6th day of May, 1988, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-0794 Treatment Accorded Petitioner's Proposed Findings Adopted in substance, except that references to Respondent's other licenses are irrelevant. The only license subject to discipline in the above-styled proceeding is CC85-00162. and 7. Rejected as unsupported by the greater weight of the evidence. 3-5, 8. Rejected as unnecessary. 6. Rejected as unsupported by the greater weight of the evidence and unnecessary, except that the second sentence is adopted. 9-13. Adopted. COPIES FURNISHED: R. Timothy Jansen, Esquire Assistant General Counsel Department of State The Capitol, MS 4 Tallahassee, Florida 32399-0250 Anthony Zarelli, Jr. 3000 Willow Bend Boulevard Orlando, Florida 32808 Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse General Counsel Department of State 1801 The Capitol Tallahassee, Florida 32399-0250
Findings Of Fact 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
Findings Of Fact The applicant, Eugene Harold Givens, worked 30 hours per week from January of 1974 until June, 1976, for I. H. Givens, a Class "A" private investigator. The applicant surveilled and investigated prostitution and drug trafficking for a total of 3900 hours during this two-and-a-half-year period at the San Carlos Hotel in Pensacola, Florida. The applicant worked 200 hours for I. H. Givens in interviewing witnesses, locating witnesses and taking statements from witnesses for attorney James A Johnston. The applicant worked 10 hours per week for two years, 1977 and 1978, for Ronald McNesbitt attempting to gain information concerning illegal drug trafficking and stolen property in Escambia County, Florida. This constituted a total of 1040 hours. The applicant worked on various cases for I. H. Givens between 1976 and 1978 for a total of 780 hours as indicated: 20 hours investigation of stolen tax checks; 40 hours investigation and surveillance in a child custody case; 80 hours investigation into the cause of death of the son of Charles Walker; and 640 hours of surveillance and general private detective work with various attorneys and individual clients of I. H. Givens. The applicant worked 20 hours per week for four months for I. H. Givens in investigation of stolen property for a total of 320 hours. This investigation was conducted in conjunction with the offices of the sheriffs of Escambia and Santa Rosa Counties. The total number of hours worked by the applicant was 6240 hours. Applying the Department of State's procedure of dividing the number of hours worked by an applicant by 40 hours, the work hours in a full-time week, the applicant worked a total of 156 weeks, or three years.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Department of State approve the application for licensure of Eugene Harold Givens as a Class "A" private investigative agency. DONE and ORDERED this 9th day of July, 1980, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State The Capitol Tallahassee, Florida 32301 James A. Johnston, Esquire Number 1 North Palafox Street Pensacola, Florida 32501
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 or not Petitioner satisfies the "experience or training" requirement to obtain a Class "C" private investigator's license.
Findings Of Fact On May 22, 1989, Petitioner filed an application for a Class "C" private investigator's license. Included in that application, Petitioner related that he was employed by Austin Private Security Specialists of Austin, Texas as a security officer-undercover investigator during the period from September, 1985 until July, 1987. During his employment with Austin private Security Specialists (Austin), approximately 60% of Petitioner's job duties included investigative work and the remaining 40% was in security related work. Respondent did not credit Petitioner's investigative experience which he claims based on his employment at Austin; however, he was credited with nine months security experience based on his employment at Austin. Respondent' denied Petitioner's claim for investigative experience in Texas based on its determination that Petitioner was not in compliance with Texas regulations while he was employed at Austin. Petitioner also claimed experience for employment with Wackenhut Company of Tampa during the period February 28, 1989 through July 28, 1989. At Wackenhut, Respondent was employed as a private investigator intern. At Wackenhut, Petitioner worked under the sponsorship of Robert Crane, private investigator and successfully completed his work for Wackenhut during Crane's sponsorship. Petitioner was credited with five months investigative experience for his employment at Wackenhut. A review of Petitioner's relevant personnel records from Texas indicates that Petitioner was registered as a commissioned security guard from October 29, 1985 until September 4, 1986. Petitioner was registered as being employed in security sales from September 4, 1986 until September 30, 1987. Petitioner was never registered as an investigator with Austin or any other Texas company. In Texas, to properly perform investigative work, an applicant, as Petitioner, must either hold a private investigator's license or be registered under a qualifying company's license as doing investigative work for the company to be in compliance with state regulations. Section 35 of Texas article 4413(29 dd) and Sections 35 and 36A, Rules and Regulations of the Texas Board of Private Investigators. Petitioner was not otherwise exempt from licensure in Texas as he failed to demonstrate that he was employed exclusively as an undercover agent during the period for which he claims experience based on his Texas employment. Respondent has a written policy of not crediting experience or training without required licensure or registration as it is difficult to verify such experience without licensure and it is practically impossible to determine whether the applicant has complied with applicable law.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Respondent enter a final order denying Petitioner's application for a class "C" private investigator's license. DONE and ENTERED this 2nd day of March, 1990, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of March, 1990. COPIES FURNISHED: Carrol D. Roberson 1714 Old Village Way Oldsmar, FL 34677 Henry D. Cawthon, Esquire Assistant General Counsel Department of State The Capitol, Mailstation #4 Tallahassee, FL 32399-0250 Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse, Esquire General Counsel Department of State The Capitol, LL-10 Tallahassee, Florida 32399
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 On or about January 25, 1983, Petitioner, Bruce Hahn, submitted an application for licensure as a Class A Private Investigative Agency to the State of Florida, Department of State, Division of Hearing. Thereafter, on April 5, 1983, he submitted an amendment to the application applying as well for a Class C Private Investigator's License. The Class A License was granted. On his application Petitioner indicated he had been arrested for disorderly conduct and assault but had not been convicted of either. Records of the Circuit/County Court for Broward County, Florida, reflect that he was arrested for armed robbery, a felony, in Pompano Beach, Florida, on or about February 15, 1981, but was tried on a lesser offense of assault, a misdemeanor. Adjudication of guilt was withheld, but Petitioner was sentenced to six (6) months report probation. Based on this, Respondent, on June 17, 1983, denied Petitioner's application for a Class C License. Grounds for denial cited the time were that Petitioner has been found guilty of the commission of a crime which directly relates to the business for which the license was to be held, regardless of adjudication, and the commission of an assault except in self-defense or the defense of a client, both of which related to his February 14, 1981 arrest. According to Pan Pingree, Respondent considered the court ruling on the assault a determination of Petitioner's guilt of a criminal charge relating to the business of private investigation because in that job, he would have to be involved with the public. Respondent considers the statutory grounds for denial, as above, as a legislative fiat to consider crimes of violence in determining whether an applicant is fit to hold a license. Petitioner's offense was considered to be a crime of violence based on the assault which is specifically listed in the statutes. In addition, it was considered that the job of private investigation involves stress situations and the licensing agency must be satisfied licensees can be depended upon to react properly. In making the decision to deny, Respondent carefully considered the arresting officer's report, the court charge, and the form on which the court listed its action withholding adjudication of guilt, and sentence. Petitioner contends he tried to submit his explanatory information to Respondent by phone, but admits he did not do so in writing. He contends he was interviewed by two (2) investigators to whom he told his story, who indicated to him there was no problem. Notwithstanding Petitioner's phone call to a secretary at the Division of Licensing and his attorney's phone call to Ms. Pingree (which she does not recall), there is no evidence that Respondent considered anything other than the documents referred to above in making its decision to deny him the Class C License. In authorizing the Class A, Agency License, Respondent concluded that since Petitioner would have to have a manager who had a Class C License for the agency, this would insulate the owner (Petitioner) from the public, providing a degree of protection to the public. At the time of the offense on which the denial was based, Petitioner was working for the Broward County (Florida) Building and Zoning office. At the time of the hearing, he was employed as an investigator for the Broward County Coroner. According to the Affidavit of Experience submitted with his application, Petitioner had previously been licensed as a Private investigator under State license #1052-A, doing business as Hahn Investigative Services, in Hollywood, Florida, during 1975 through 1977. On the night of the offense, Petitioner, who had just undergone a divorce and was feeling sorry for himself, contends he was called to meet a friend of his at the lounge outside of which he was arrested. Unfortunately, he had too many drinks without eating and, on the way to his car to go home, he got sick to his stomach. He went behind a dumpster to vomit. While he was doing this, he heard steps behind him and, knowing he was in an unsavory area, he became concerned. When he turned around, he saw two (2) men behind him and said to them, "I don't want to get my ass kicked and I'm drunk. Leave me alone." At this point, he raised his hands. On cross examination, Petitioner admitted he was so drunk on the night in question he does not remember what time he went to the dumpster. He could not even find his car. Based on this admission, it is most likely he could not remember his words with such clarity and it is so found. The arresting officer's report shows that when he arrived at the scene he observed an individual who matched the Petitioner's description, standing in the parking lot with his hands raised consistent with Petitioner's story. However, based on the report of another individual present, and not upon his own observation, he arrested the petitioner, not as the victim, but as the perpetrator of the offense. Petitioner contends that at the time he owned an $85,000.00 home and drove a Cadillac Seville to indicate he had no reason to steal, and he categorically denies he had a weapon or tried to assault or rob anyone. Though no weapon was found on the Petitioner, he does own one which, at the time in question, was in his nightstand at home. He does not now nor did he then have a permit to carry it. He was not carrying his wallet at the time of his arrest because, he contends, during the evening, he knocked over a chair in the bar and broke it and the bartender kept his wallet as security for the damage. Petitioner claims he has no drinking problem now. He also contends, and there was no evidence to show otherwise, that he has no other arrest record nor was any disciplinary action taken against him at work because of this. At the time of his plea of Nolo Contendere, the court case had been set for hearing on three different occasions all of which had been cancelled. The suspense, he states, was eating him up because in his mind he had done nothing wrong. It is his testimony that when he explained all this to the judge, he said he understood and it was Hahn's attorney who advised him to enter that plea. Though he was sentenced in July to six (6) months probation, he did so well, he was released from probation the day before Thanksgiving--somewhat early. If he is granted his Class C License it is his intention to form a partnership to perform star escort service and do missing children work.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED THAT Respondent deny Petitioner's application for a Class C Private Investigator's License. RECOMMENDED This 28th day of August, 1984, in Tallahassee, Leon County, Florida. ARNOLD H. POLLOCK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 28th day of August, 1984. COPIES FURNISHED: The Honorable George Firestone Secretary of State Department of State The Capitol Tallahassee, Florida 32301 James V. Antista, Esquire Office of the General Counsel Department of State The Capitol Tallahassee, Florida 32301 Pam Pingree, Chief Bureau of Regulation and Enforcement Division of Licensing Department of State The Capitol Tallahassee, Florida 32301 Norman D. Zimmerman, Esquire 737 East Atlantic Boulevard Pompano Beach, Florida 33060
