Findings Of Fact Respondent currently holds a Class "CC" private investigator intern license, #CC85-00162. On the morning of May 27, 1987, Respondent visited Tropical Men's Wear to pick up some clothes. The store's owner, John Menegat, told Respondent that Donald Scheib owned Mr. Menegat some money. Mr. Menegat did not hire Respondent to collect this alleged debt. On or before the above-described conversation, Respondent presented Mr. Menegat with a business card. In very large print the card read, "FLORIDA STATE INVESTIGATOR." It bore one outline of two badges resembling badges used by law enforcement officers throughout the state. It also bore Respondent's name and telephone numbers. Later the same day, Respondent identified himself to Pauline E. Kemp, who was the receptionist at an office building in Maitland, Florida, where he believed Mr. Scheib maintained an office. The purpose of the visit was to attempt to collect the alleged debt owed by Mr. Scheib to Mr. Menegat. When Ms. Kemp explained to Respondent that Mr. Scheib was unavailable, Respondent identified himself as an "investigator" and displayed to her his badge and identification card which he carried in a dark leather wallet. The card and badge are highly misleading. The badge, which is secured to the inside of the wallet, resembles the badge used by law enforcement officers throughout the state. In the center of the badge is a close facsimile of the state seal. The outer circle of the badge carries the words, "INVESTIGATOR" and "FLORIDA." The inner circle of the badge carries the slightly smaller words, "STATE OF FLORIDA." The card bears Respondent's photograph. Stamped diagonally across the card in large letters is the word, "INVESTIGATOR". At the top of the card in slightly smaller letters are the words, "STATE OF FLORIDA." In very small print beneath these words are the words "private investigative agency." In the background behind Respondent's name, address, state agency id number," and signature is the outline of a badge resembling the badge used by law enforcement officers throughout the state. Respondent used this badge for "results" -- that is, to intimidate uncooperative persons.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered finding Respondent guilty of violating Section 493.319(1)(i), Florida Statutes, and imposing upon him an administrative fine of $250. DONE and RECOMMENDED this 6th day of May, 1988, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1988. APPENDIX TO RECOMMENDED ORDER, CASE NO. 88-0794 Treatment Accorded Petitioner's Proposed Findings Adopted in substance, except that references to Respondent's other licenses are irrelevant. The only license subject to discipline in the above-styled proceeding is CC85-00162. and 7. Rejected as unsupported by the greater weight of the evidence. 3-5, 8. Rejected as unnecessary. 6. Rejected as unsupported by the greater weight of the evidence and unnecessary, except that the second sentence is adopted. 9-13. Adopted. COPIES FURNISHED: R. Timothy Jansen, Esquire Assistant General Counsel Department of State The Capitol, MS 4 Tallahassee, Florida 32399-0250 Anthony Zarelli, Jr. 3000 Willow Bend Boulevard Orlando, Florida 32808 Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse General Counsel Department of State 1801 The Capitol Tallahassee, Florida 32399-0250
The Issue Whether or not Petitioner satisfies the "experience or training" requirement to obtain a Class "C" private investigator's license.
Findings Of Fact On May 22, 1989, Petitioner filed an application for a Class "C" private investigator's license. Included in that application, Petitioner related that he was employed by Austin Private Security Specialists of Austin, Texas as a security officer-undercover investigator during the period from September, 1985 until July, 1987. During his employment with Austin private Security Specialists (Austin), approximately 60% of Petitioner's job duties included investigative work and the remaining 40% was in security related work. Respondent did not credit Petitioner's investigative experience which he claims based on his employment at Austin; however, he was credited with nine months security experience based on his employment at Austin. Respondent' denied Petitioner's claim for investigative experience in Texas based on its determination that Petitioner was not in compliance with Texas regulations while he was employed at Austin. Petitioner also claimed experience for employment with Wackenhut Company of Tampa during the period February 28, 1989 through July 28, 1989. At Wackenhut, Respondent was employed as a private investigator intern. At Wackenhut, Petitioner worked under the sponsorship of Robert Crane, private investigator and successfully completed his work for Wackenhut during Crane's sponsorship. Petitioner was credited with five months investigative experience for his employment at Wackenhut. A review of Petitioner's relevant personnel records from Texas indicates that Petitioner was registered as a commissioned security guard from October 29, 1985 until September 4, 1986. Petitioner was registered as being employed in security sales from September 4, 1986 until September 30, 1987. Petitioner was never registered as an investigator with Austin or any other Texas company. In Texas, to properly perform investigative work, an applicant, as Petitioner, must either hold a private investigator's license or be registered under a qualifying company's license as doing investigative work for the company to be in compliance with state regulations. Section 35 of Texas article 4413(29 dd) and Sections 35 and 36A, Rules and Regulations of the Texas Board of Private Investigators. Petitioner was not otherwise exempt from licensure in Texas as he failed to demonstrate that he was employed exclusively as an undercover agent during the period for which he claims experience based on his Texas employment. Respondent has a written policy of not crediting experience or training without required licensure or registration as it is difficult to verify such experience without licensure and it is practically impossible to determine whether the applicant has complied with applicable law.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that: Respondent enter a final order denying Petitioner's application for a class "C" private investigator's license. DONE and ENTERED this 2nd day of March, 1990, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of March, 1990. COPIES FURNISHED: Carrol D. Roberson 1714 Old Village Way Oldsmar, FL 34677 Henry D. Cawthon, Esquire Assistant General Counsel Department of State The Capitol, Mailstation #4 Tallahassee, FL 32399-0250 Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse, Esquire General Counsel Department of State The Capitol, LL-10 Tallahassee, Florida 32399
Findings Of Fact In 1993, Respondent Carl Clausen, along with some acquaintences, was interested in opening a private investigative business or becoming associated with a private investigative agency. Mr. Clausen had an extensive background in police investigative and security work and was well qualified to be licensed as a private investigator. In pursuit of getting into the business of private investigations, Mr. Clausen attended a business recruiting meeting held by a private investigative company on March 19, 1993. Ms. Bronson, owner of Prosearch International, then the holder of a valid Class A Private Investigative Agency license, also attended the meeting where she met Respondent. After the meeting, Ms. Bronson and Respondent discussed various ways he might became associated with her investigative agency in order to expand the services Prosearch could offer potential clients. These discussions included buying part or all of Prosearch. At some point after the recruiting meeting, Ms. Gentry, a local attorney in Tallahassee, Florida, was appointed to represent a man accused of murder in Quincy, Gadsden County, Florida. Ms. Gentry felt the defense team needed an experienced investigator who could effectively work within a predominately minority community in Quincy. Ms. Gentry contacted Ed Rawls about possibly working the case. However, Mr. Rawls was a reserve Gadsden County Sheriff's Deputy, and had an obvious conflict in investigating the case for Ms. Gentry. Mr. Rawls recommended Mr. Clausen as a potential investigator. Ms. Gentry called Mr. Clausen on March 24, 1993, and requested that he come the next day for an interview. On March 25, 1993, Mr. Clausen asked Ms. Bronson to meet him for lunch to discuss her employing him as an intern private investigator. An intern private investigator holds a Class "CC" license once the sponsorship becomes effective. Eventually, the intern can obtain a Class "C" investigative license. Mr. Clausen and Ms. Bronson met for lunch and Ms. Bronson agreed to sponsor Mr. Clausen. Mr. Clausen also told Ms. Bronson about his scheduled meeting with Ms. Gentry. Soon after the meeting, Ms. Bronson left town to take care of some personal matters. After lunch, Mr. Clausen went directly to Ms. Gentry's office for the meeting she had scheduled. Ms. Gentry interviewed Respondent to determine whether he had the experience and ability to perform the investigation she felt was necessary to prepare for her client's murder trial. Ms. Gentry discussed some general details of the case with Respondent in order to more fully assess Respondent's abilities to investigate her case should the Respondent become licensed as an investigator. Respondent did not receive the case file from Ms. Gentry, nor did Respondent receive information such as addresses which would have enabled him to begin an investigation. Ms. Gentry felt that Mr. Clausen was very well qualified. At the initial meeting Respondent made it very clear to Ms. Gentry that he would not begin any investigation until he was properly licensed or could conduct the investigation under one of the exemption categories in Chapter 493, Florida Statutes, such as an employee for an attorney. Mr. Clausen also told Ms. Gentry he was not at present in business as a private investigator, but that he wanted to be and was working on the prospect. However, Ms. Gentry did not want to deal with the paperwork or potential liability of an employment relationship with Mr. Clausen. Therefore, Mr. Clausen needed to become licensed as quickly as possible so that the investigation could begin. Respondent and Ms. Gentry met again on March 30, 1993. However, the meeting contered on the quickest way Respondent could become licensed as an investigator. Mr. Clausen also told Ms. Gentry that his license would most likely be in order April 2, 1993, when Ms. Bronson, through Prosearch, would return to formalize his application at the Department of State for the internship. In short, Mr. Clausen would have a Class "CC" license. Prior to licensure as a Class "C" or "CC" licensee, Respondent did not advertise or solicit any investigative business on his behalf. Respondent only participated in an employment interview for future employment after he was licensed and discussed various methods of becoming legally able to pursue Ms. Gentry's case. Likewise no investigation was begun prior to his licensure. On April 2, 1993, Ms. Bronson filed Respondent's sponsorship papers and Respondent filed an application for a Class "CC" Private Investigator Intern license issued under Chapter 493, Florida Statutes. Because of the sponsorship, Respondent was employed by Prosearch International, a Class "A" private investigative agency, under Chapter 493, Florida Statutes. Ms. Bronson furnished Mr. Clausen with letters of introduction and appointment as her investigator. These letters were given to Ms. Gentry and a contract for services was entered into. On April 6, 1993, Ms. Gentry met with Mr. Clausen at her office where he was furnished with names, addresses, physical evidence and access to Ms. Gentry's case file. The case file contained police reports and probable cause affidavits on the case. Ms. Gentry requested Mr. Clausen to proceed immediately with the investigation. Mr. Clausen began the investigation on the morning of April 7, 1993, by interviewing the defendant in jail. Around April 21, 1993, Prosearch presented its first invoice for services to Ms. Gentry. The invoice contained charges for Mr. Clausen's meetings on March 25 and 30, 1993. However, the charges were not for investigative services. Ms. Gentry felt it was appropriate for Prosearch to bill for those hours even though she was aware no investigative work had begun and she had no contract with Respondent or Prosearch until April 6, 1993. Thereafter, Gadsden County paid the first invoice to ProSearch. Aroung May 7, 1993, ProSearch submitted a second invoice to Ms. Gentry. The investigation and report were completed and delivered by Ms. Bronson to Ms. Gentry's office around June 22, 1993. Both Ms. Gentry and Ms. Bronson praised Mr. Clausen's investigation and report as excellent. From March 25, 1993, to July 3 or 4, 1993, discussions between Mr. Clausen and Ms. Bronson regarding the future organization and market strategy for ProSearch or another business occurred almost daily. At the July meeting it became clear that Ms. Bronson had decided to associate with two others and gave Mr. Clausen a ProSearch check for his commission on the first invoice. On July 6, 1993, Ms. Bronson sent letters firing Mr. Clausen and notifying the Division that she would no longer sponsor Mr. Clausen. However, there was still billable time for investigative services outstanding for the investigation for Ms. Gentry. Additionally, Mr. Clausen was due his commission for those hours. Ms. Bronson said she had no money to pay wages or workman's compensation and therefore did not have funds to pay Mr. Clausen's his commission or expenses. Anxious to resolve the situation and not having contact with Ms. Bronson, Mr. Clausen submitted a final invoice on Specialty Security Services, Inc., letterhead to Gadsden County. The invoice referenced the first and second ProSearch invoices, showing the first invoice as paid and the second invoice as unpaid. The Gadsden County Commission approved and paid the invoice. Mr. Clausen used Special Security Services, Inc., letterhead because his word processor is programmed to always include the "Special Security Services, Inc." (SSS) letterhead. Otherwise, Special Security Services, had no role in this matter and should be dismissed as a party. Further, none of Mr. Clausen's activities violates Chapter 493, Florida Statutes. Therefore, the administrative complaint against Respondent should be dismissed.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is accordingly, RECOMMENDED: That the Department of State, Division of Licensing, enter a Final Order finding that Respondent has not violated Chapter 493, Florida Statutes, or Chapter 1C-3.122(2), Florida Administrative Code, and that the petition be dismissed. DONE and ENTERED this 30th day of December, 1994, in Tallahassee, Florida. DIANE CLEAVINGER Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 30th day of December, 1994. APPENDIX TO CASE NO. 94-0853 The facts contained in paragraphs 4 and 6 of Petitioner's Findings of Fact are adopted in substance, insofar as material. The statements contained in paragraphs 1, 5 and 7 of Petitioner's Proposed Findings of Fact were subordinate. The statement contained in paragraph 3, of Petitioner's Proposed Findings of Fact were not shown by the evidence. The facts contained in paragraphs 3, and 4 of Respondent's Proposed Findings of Fact are subordinate. The facts contained in paragraphs 1, 2, 5, 6, 7, 8, 9, 10, 11 and 12 of Respondent's Proposed Findings of Fact are either introductory or conclusions of law. COPIES FURNISHED: Kristi Reid Bronson Assistant General Counsel Department of State Division of Licensing The Capitol, M.S. #4 Tallahassee, Florida 32399-0250 John Wardlow Attorney at Law Post Office Box 84 Tallahassee, Florida 32302 Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399 Phyllis Slater General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399
The Issue The issues in this case are whether the Respondent, the Department of State, Division of Licensing, should grant the Petitioner’s application for a Class “C” Private Investigator license and the application he filed as President on behalf of Info, Inc., for a Class “A” Private Investigative Agency license.
Findings Of Fact The Petitioner’s Class “C” Application The Petitioner applied for his Class “C” Private Investigator license on April 29, 1996. The application included the Petitioner’s Affidavit of Experience, which represented the following qualifying experience: employment with Telephonic Collections, Inc., from 3/91 to 9/93, during which employment the Petitioner devoted himself full-time to: “credit and asset investigations for recovery of debts; did skip-tracing full-time to locate subjects for debt recovery; utilized collection network and data base information.” Joseph Apter, President of Telephonic Collections, Inc., was listed as the individual who could verify this employment. employment with Telephonic Info, Inc., from 9/93 to 2/96, during which employment the Petitioner devoted himself full-time to: “administrative processing of investigation files; computer data base research and information recovery; computer preparing or reports; administrative dutys [sic] in investigation agency.” Joseph Apter, President of Telephonic Info, Inc., was listed as the individual who could verify this employment. employment as an auxiliary policeman with the City of West Haven, Connecticut, from 1965 to 1967, during which employment the Petitioner devoted himself part-time as follows: “received police training and performed assignments as required.” The Petitioner did not specify how much time was devoted to those duties. Captain Stephen D. Rubelman was listed as the individual who could verify this employment. Processing of the Petitioner’s Applications The Respondent began the process of verifying the information in the Petitioner’s Class “C” application on May 8, 1996, when it had referred the Petitioner’s fingerprint card to the Florida Department of Law Enforcement (FDLE) for a criminal history. The Respondent subsequently began its own verification of the information in the application by telephoning Apter. On June 26, 1996, the Respondent telephoned Apter, who verified the representations in the Petitioner’s application as to his experience with Telephonic Collections. Specifically, Apter stated that Telephonic Collections was a collection agency and that, for two years and five months, “100% of the applicant’s job was skiptracing [sic] individuals with delinquent accounts for the purpose of collecting the money owed to creditor.” Since this experience exceeded minimum requirements, no further verification was considered necessary, and the Respondent awaited the criminal history report from the FDLE. While the Respondent was awaiting the criminal history report from the FDLE, the Petitioner telephoned the Respondent to inquire as to the status of his application. On August 2, 1996, after being told the status, the Petitioner filed an application as president on behalf of Info, Inc., for a Class “A” Private Investigative Agency license. Eventually, on August 27, 1996, the Respondent received the Petitioner’s criminal history report from the FLDE, and it showed no reason not to grant the Petitioner’s applications. But earlier in August, Garry Floyd, an investigator in the Respondent’s Tampa office, learned that the Petitioner had filed applications for licensure. From prior dealings with the Petitioner and Apter, Investigator Floyd was unaware that the Petitioner had any qualifying experience. To the contrary, during a June 1994, investigation Floyd was conducting into unlicensed activities by employees of Telephonic Info, a licensed private investigation agency, the Petitioner emphatically denied that he was conducting investigations for the company. The Petitioner told Floyd that the Petitioner did not know how to conduct an investigation and did not want to know how; he said his role in the company was strictly administrative. Investigator Floyd obtained a copy of the Petitioner’s applications and saw the Petitioner’s representations as to his experience with Telephonic Info as well as Telephonic Collections. Since those representations did not comport with statements the Petitioner made to Floyd in June 1994, and did not comport with Floyd’s understanding as to the nature of the Petitioner’s experience, Floyd recommended on August 13, 1997, that the Respondent allow him to investigate further before approving the Petitioner’s applications and issuing any licenses. During his investigation, Floyd obtained statements from three individuals thought to be former employees of Telephonic Collections to the effect that they had no knowledge of any skip- tracing or other investigative work being conducted by the Petitioner. All three—C.J. Bronstrup, Jason Gillard, and Duncan Tate—thought that the Petitioner’s role was strictly administrative. Investigator Floyd also was aware that Apter’s applications for renewal of his Class “C” and Class “A” licenses had been denied due to what Floyd understood to be a felony conviction. (Although Apter’s testimony on the criminal charges against him was confusing, it would appear that he entered a plea on the felony charge, and adjudication was withheld. There apparently also were unconnected charges of perjury against him, but the disposition of those charges is not clear from Apter’s testimony.) Finally, Investigator Floyd also recalled that Apter once told Floyd that Apter thought he might have the beginnings of Alzheimer’s disease. For these reasons, Investigator Floyd recommended that the Respondent not credit the Petitioner with any qualifying experience from his employment with Telephonic Collections and also recommended that the representations on the application regarding that employment experience be considered fraudulent misrepresentations. When the Petitioner’s experience with Telephonic Collections was called into question, the Respondent attempted to verify the Petitioner’s experience with the City of West Haven Police Department but was unable to contact Stephen Rubelman at the telephone number given in the application. (According to the Respondent’s witness, “the phone rang off the hook.”) Then, on September 26, 1996, the Respondent telephoned the City of West Haven Police Department but was informed that the Respondent’s employment there between 1965 and 1967 was too old to verify. For these reasons, on September 27, 1996, Investigator Floyd recommended that the Respondent deny the Petitioner’s applications. On October 7, 1996, the Respondent mailed the Petitioner a letter giving notice of intent to deny the Petitioner’s applications. The letter was addressed to the Petitioner as president of INFO, Inc., at “13575 - 58 Street North, Clearwater, Florida 34620.” This mailing was returned undelivered on October 14, 1996, and the letter was returned undelivered. On October 15, 1996, the letter was re-sent in another envelope to “Post Office Box 1241, Largo, Florida 34649,” the mailing address on the Class “A” application. But apparently this time the mailing was returned for postage. The envelope was meter-stamped on October 26, and was received by the Petitioner on October 29, 1996. Verification of Petitioner’s Qualifying Experience The Petitioner did not directly dispute the testimony of Investigator Floyd as to what the Petitioner told him during Floyd’s June 1994, investigation. See Finding 5, supra. Instead, the Petitioner testified essentially that he in fact knew how to do skip-tracing and conduct investigations, having been taught and trained by Apter, and that the Petitioner had extensive experience doing skip-tracing and conducting investigations working for Telephonic Collections, which was a debt collection agency. While not directly disputing Floyd’s testimony as to what the Petitioner said to Floyd, the Petitioner alleged that Floyd may have been biased against him (due to his association with Apter) and suggested that Floyd knew or should have known that the Petitioner knew how to do investigation work because Floyd once asked the Petitioner to get some information for him and watched as the Petitioner placed a pretext call. Regardless of Floyd’s alleged bias or pertinent knowledge, it is found that Floyd accurately related what the Petitioner said to him and that the Petitioner’s purpose in making those statements was to avoid any further investigation into whether the Petitioner also was participating in unlicensed investigative activities during his employment by Telephonic Info. Even assuming that the Petitioner did skip-tracing and investigations for Telephonic Collections, it is clear from the testimony that the Petitioner did not do skip-tracing and investigations full-time, 100 percent of the time, as represented in the Class “C” application and as verified by Apter upon telephone inquiry. At final hearing, Apter testified that, when he verified the Petitioner’s experience for the Respondent on June 26, 1996, he did not mean that the Petitioner had no other duties but rather that the Petitioner did no collection work— i.e., the collection employees would take the information the Petitioner developed from his skip-tracing and asset location efforts and telephone the debtors to try to get satisfaction of the debt. Apter conceded that the Petitioner also had administrative duties. It is the Respondent’s policy, when an applicant has employment experience in a full-time job that involves some investigative work or training in addition to other duties, to credit the applicant for a pro rata amount of qualifying experience based on the quantifiable percentage of time devoted to the investigative work or training. It could not be determined from the evidence what percentage of the Petitioner’s work at Telephonic Collections was devoted to skip-tracing and investigation work and how much was administrative. The Petitioner and Apter testified that Apter trained the Petitioner in skip-tracing and investigation work and that the Petitioner did a substantial amount of skip-tracing and investigation work from March 1991, through September 1993; but both conceded that the Petitioner also had administrative duties. Apter did not break down the Petitioner’s time spent between the two. The Petitioner made a rough approximation that 25 percent of his time was spent on administrative matters. Sharon Jones, who worked for both Telephone Collections and Telephone Info, testified that the Petitioner did some skip-tracing work, as well as other duties, between June through September 1993, but she also could not estimate the percentage of time spent between the two. Other witnesses, including Bronstrup and Tate, were not aware that the Petitioner was doing any skip-tracing at all during the times they were working for Telephonic Collections. (Bronstrup worked there for approximately ten weeks between March and June 1993; Tate worked there from February 1993, through the time it became Telephonic Info in September 1993.) In partial response to the testimony of Bronstrup and Tate, the Petitioner suggested that it was not surprising for them not to be aware of the Petitioner’s skip-tracing and other investigative work because much of it was done at the Petitioner’s home after hours and because most of the employees were treated on a “need to know” basis. (The Petitioner also contended that Bronstrup did not spend much time at work for Telephonic Collections, as he also had another part-time job and did some personal investigation work on the side.) But even if it is true that the Petitioner did much of his skip-tracing and other investigative work at home after hours, only the Petitioner and Apter even knew about it, and the amount of time the Petitioner spent doing investigative work at home clearly was not verified. The Petitioner continues to maintain that he stopped doing any skip-tracing or investigative work after Telephonic Collections, the debt collection agency, ceased doing business and became Telephonic Info, the private investigation agency. As for the Petitioner’s experience as a part-time auxiliary policeman with the City of West Haven police department, the application does not give any indication as to how much time, if any, the Petitioner spent doing investigation work or being trained in that work. The Rubelman affidavit introduced in evidence to verify his experience likewise does not give that kind of information. It only states generally that the Petitioner received training in and assisted in police work. It does not indicate that any of the training or work was in investigations. It also indicates that no records of the Petitioner’s employment exist and that Rubelman cannot reconstruct even the months the Petitioner worked, much less what the work consisted of. Although it is not clear, at final hearing it appeared that the Petitioner may have been claiming credit for work he did collecting Telephonic Info’s accounts receivable. However, the amount of any such work was not quantified. It also appeared at final hearing that the Petitioner also was claiming credit for doing background investigations on prospective employees of Telephonic Info. However, the Petitioner also did not quantify the amount of any of this work. Alleged Fraud or Willful Misrepresentation The Petitioner stated in the Affidavit of Experience in his Class “C” application that the “approximate percentage of time devoted to” the qualifying skip-tracing and investigation duties listed for his employment with Telephonic Collections from March 1991 to September 1993 was “full time.” This statement clearly was false. All of the witnesses confirmed that the Petitioner spent at least some time doing administrative work; several thought that was all the Petitioner was doing. The Petitioner conceded in his testimony at final hearing that at least 25 percent of his time was devoted to administrative work, and it is found that the actual percentage probably was much higher. Unlike Apter, the Petitioner made no attempt to explain his false representation, and it is found to be a fraudulent or willful misrepresentation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Department of State, Division of Licensing, enter a final order denying both the Petitioner’s Class “C” license application and his Class “A” license application. RECOMMENDED this 22nd day of July, 1997, at Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 22nd day of July, 1997. COPIES FURNISHED: Harry P. Schlenther 12155 Meadowbrook Lane Largo, Florida 33774 Kristi Reid Bronson, Esquire Department of State Division of Licensing The Capitol, Mail Station 4 Tallahassee, Florida 32399-0250 Sandra B. Mortham, Secretary Department of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol Tallahassee, Florida 32399-0250
The Issue At issue is whether Respondent committed the violations set forth in the Third Amended Administrative Complaint dated August 28, 2002, and if so, what penalty should be imposed.
Findings Of Fact At all times material to this case Respondent held a Class "C" Private Investigator License, number C87-00343, as well as a Class "E" Recovery Agent License, number E87-00046. By Final Order dated January 22, 2002 (Final Order) Petitioner determined that Respondent had conducted or advertised the business of a private investigative agency without a valid Class A license, and had performed the services of a private investigator after his Class C private investigator license had been suspended. Baro was fined for this conduct, and ordered to cease and desist from such activities until such time as he was properly licensed. Baro did not appeal the Final Order. Baro subsequently violated the Final Order by advertising his availability to serve as a private investigator in Palm Beach County, Florida, without first obtaining the requisite licensure. On or about January 14, 2002, in Palm Beach County, Florida, Respondent subcontracted investigative work to CTC International Group, a licensed Florida investigative agency. At that time, Baro did not have a Florida private investigative agency license. In July, 2001, in Palm Beach County, Florida, Baro was working for Mrs. William LeNeve, who was embroiled in a contentious divorce. Baro's services to Mrs. LeNeve included concealing her whereabouts from her husband. Desperate for money, Baro approached Mr. LeNeve and offered to switch sides and help locate Mr. LeNeve’s wife and children for a price to be agreed upon. By way of defense, Baro contends that Petitioner is conducting a "vendetta" because, "[O]pposing Counsel did not appreciate my telling him years ago that I thought what they did to me then amounted to nothing short of extortion." See Baro's letter to the Division of Administrative Hearings, dated April 8, 2003. In a letter to the Division of Administrative Hearings, dated March 14, 2002, Baro asserted, "I know that we can clearly show that the states(sic)case is unjust and that Mr. Bensko's only motivation is a personal vendetta. I would very much like the opportunity to prove that." Baro made no attempt to back up the claim of improper motivation. To be clear, the record--both before and after Baro was represented by counsel--is completely devoid of any evidence that the Petitioner has acted improperly, or is improperly motivated with respect to Baro.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Class "C" Private Investigator License and the Class "E" Recovery Agent License, held by Respondent be revoked and that he be fined $1,500. DONE AND ENTERED this 6th day of May, 2003, in Tallahassee, Leon County, Florida. FLORENCE SNYDER RIVAS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 2003.
Findings Of Fact The only issue raised as to whether the Petitioner's application for a private investigative agency license should be granted, is whether or not he has the experience required by law. The Petitioner has received an Associate of Arts degree from Palm Beach Community College. His primary area of study was law enforcement, including courses in search and seizure and investigations. In 1974 the Petitioner received a Bachelor's degree in Criminology from the Florida State University. At Florida State he took courses in criminal investigations, constitutional law, government, psychology, and sociology. While the Petitioner's course work does not constitute experience in the area of private investigations, it is relevant to his qualifications to serve in that capacity. Prior to his attending college, and during the time that he attended college, the Petitioner worked as a security officer for several department stores. He worked approximately four months for Fountain's Department Store in Palm Beach County, and approximately twelve months at Gayfer's Department Store in Tallahassee, Florida, At Gayfer's his employment was part-time, however, he worked thirty to forty hours per week. After graduation from college the Petitioner worked approximately five months at a Sears Department Store in Palm Beach County on a full-time basis. Four months of that experience was as a security officer. As a security officer at the department stores, the Petitioner was present at the stores and observed customers. He apprehended shoplifters, took statements from them, and testified against them in court. He also investigated cash register shortages and other indications of employee dishonesty. An investigator for the Division of Licensing testified that in his opinion the department store experience would not constitute experience in the area of investigations, but rather should be considered security work. The agent did testify, however, that a policeman who worked on a "beat" would be considered to have investigative experience. The work that the Petitioner performed at the department stores is directly analogous to the work that a policeman would perform, and his experience is directly related to the field of private investigations, and should be included in his experience. From March, 1976 through February, 1977 the Petitioner was employed by the Wackenhut Corporation. Since March, 1977 the Petitioner has been employed by Damron Investigative Agency. The work that the Petitioner has performed with these two employers is directly related to the field of investigations. At the time of the hearing the Petitioner had a total of 26 months of experience working for these two employers.
The Issue The issue in case number 94-6750 is whether Respondent's Class "A" private investigative agency license should be disciplined. The issue in case number 95-1084S is whether Respondent's application for a Class "C" license should be denied.
Findings Of Fact The Parties. Petitioner, the Department of State, Division of Licensing (hereinafter referred to as the "Division"), is responsible for, among other things, the licensing of privateinvestigators and private investigative agencies in the State of Florida. Chapter 493, Florida Statutes. In pertinent part, the Division may issue, pursuant to Section 493.611, Florida Statutes, the following classes of licenses: Class "C": private investigator; Class "CC": private investigator intern; and Class "A": private investigative agency. At all times relevant to this proceeding, Respondent, Keith P. Acuff, was licensed by the Division as a private investigator intern. Mr. Acuff holds a Class "CC" license from the Division. Mr. Acuff is also the owner of a private investigative agency known as Chatoyant Executive Protection and Investigative Services (hereinafter referred to as "Chatoyant"). Mr. Acuff holds a Class "A" license from the Division for Chatoyant. License Requirements. In order to qualify for a Class "C" license, an individual must operate for a minimum of twenty-four months as a private investigator intern. Section 493.6203(4), Florida Statutes. During those twenty-four months, the intern must be sponsored and supervised by an individual holding a Class "C" license. See Sections 493.6101(11) and 493.6116, Florida Statutes. Anyone, regardless of licensure, may hold a Class "A" license. In order for the business to operate as a private investigative agency, however, the agency must be managed by a person holding a Class "C" license. Mr. Acuff's Investigatory Experience. Mr. Acuff first received his Class "CC" license in July of 1990. In October of 1994 Mr. Acuff applied for a Class "C" license. See Petitioner's exhibit 1. The Division denied the application based upon its conclusion that Mr. Acuff had failed to verify that he had accrued twenty-four months of sponsored service as a private investigator intern. Mr. Acuff was first employed by Don Hubbard Investigations. Mr. Acuff had not claimed, nor does the evidence support a finding, that he is entitled to any time toward a Class "C" license for his employment with Don Hubbard Investigations. From the middle of September, 1990, until December, 1991, Mr. Acuff was employed by The Brown Group. Mr. Acuff's sponsor at The Brown Group was Steve Brown. The Division was able to verify from documentation submitted by Mr. Brown that Mr. Acuff was entitled to 12 months of investigatory work while employed at The Brown Group. Mr. Acuff failed to prove that he was entitled to more than 12 months credit for his employment with The Brown Group. Although Mr. Acuff testified that he believes he worked at least 15 months under Mr. Brown's sponsorship, he offered no proof from Mr. Brown to substantiate his testimony. From December 15, 1991, to February 15, 1992, Mr. Acuff was employed by Intercontinental Detective Agency. Mr. Acuff's sponsor at Intercontinental Detective Agency was Sean Mulholland. The Division was able to verify that Mr. Acuff had performed investigatory duties for Mr. Mulholland for 1 month. Mr. Acuff failed to prove that he was entitled to more than 1 month credit for his employment with Intercontinental Detective Agency. Mr. Acuff testified that he believes he worked at least 3 months under Mr. Mulholland's sponsorship but he offered no proof from Mr. Mulholland to substantiate his testimony. Mr. Acuff's testimony that he submitted a Sponsorship Term Addendum completed by Mr. Mulholland to the Division was not credible and, even if it had been credible, was insufficient to constitute substantiation from Mr. Mulholland of Mr. Acuff's work for him. Mr. Acuff's next investigatory work was for MG Detective Agency. Mr. Acuff's sponsor at MG Detective Agency was Michael G. Hatcher. Mr. Hatcher agreed to sponsor Mr. Acuff by executing a Letter of Intent to Sponsor Private Investigator Intern on October 27, 1992. See Respondent's exhibit 2. Cynthia L. Cartwright signed the form agreeing to be an alternative sponsor. Mr. Acuff did not list any time under Mr. Hatcher's sponsorship for credit on his application for Class "C" license. See Petitioner's exhibit 1. The Division was not able to verify that Mr. Acuff had performed any investigatory duties for Mr. Hatcher. Mr. Acuff failed to prove that he was entitled to any credit for his employment with MG Detective Agency. Mr. Acuff testified that he believes he worked at least 3 months under Mr. Hatcher's sponsorship but he offered no proof from Mr. Hatcher to substantiate his testimony. Mr. Acuff claimed on his application for Class "C" license that, upon leaving MG Detective Agency, he worked for Chatoyant from June of 1993 until August 1994. Mr. Acuff claimed that he was sponsored by Ms. Cartwright while employed for Chatoyant. Mr. Acuff also claimed that he performed investigatory work under Ms. Cartwright's sponsorship during the period he worked for Chatoyant for at least 3 and 1/2 months. Initially the Division planned to issue Mr. Acuff a Class "C" license. The Division concluded that Mr. Acuff was entitled to at least 11 months of sponsored investigatory work under Ms. Cartwright's sponsorship. Before the Class "C" license was issued to Mr. Acuff, however, the Division concluded that Mr. Acuff was not entitled to any sponsored time under Ms. Cartwright's sponsorship. The evidence, as discussed, infra, proved that Mr. Acuff is not entitled to any credit for work performed under Ms. Cartwright's sponsorship. Based upon the foregoing, Mr. Acuff provided verification that he had 13 months of sponsored investigatory service. Mr. Acuff is, therefore, 11 months shy of the 24-months of experience required for a Class "C" license. Mr. Acuff's Association with Ms. Cartwright. Mr. Acuff met Ms. Cartwright in late 1992 when he was employed briefly at MG Detective Agency. Ms. Cartwright has held a Class "C" license since 1991. Upon Mr. Acuff's termination of employment at MG Detective Agency, Ms. Cartwright was told by Mr. Acuff and a mutual friend, Carolyn Barber, that he only needed 2 or 3 months to complete the 2 years of internship required for a Class "C" license. Ms. Cartwright was asked if she would sponsor Mr. Acuff and act as the manager of Chatoyant for 2 or 3 months. Ms. Cartwright agreed to Mr. Acuff's request. She did so because Ms. Barber had asked her to and she felt sorry for Mr. Acuff because he had been terminated by MG Detective Agency only needing, Ms. Cartwright thought, 2 or 3 more months of sponsorship. Ms. Cartwright signed a Letter of Intent to Sponsor. The form she signed was blank. The Letter of Intent to Sponsor was subsequently completed, dated April 14, 1993 and filed with the Division. Ms. Cartwright admits she signed a blank form even though she understands that it was improper for her to do so. After agreeing to sponsor Mr. Acuff and act as the manager of Chatoyant, Ms. Cartwright changed her mind. She telephoned the Division's offices in Tallahassee in August of 1993 to ask how she could have her name removed as manager of Chatoyant. Ms. Cartwright was informed that her name did not appear as manager of Chatoyant. In the fall of 1993 Mr. Acuff asked Ms. Cartwright to sign a form terminating her position with Chatoyant. Ms. Cartwright told Mr. Acuff she did not see why she needed to sign a form based upon what she had been told during her conversation with the Division. When Mr. Acuff suggested that the Division might have made a mistake, Ms. Cartwright agreed to sign the form. In January or February of 1994 Ms. Cartwright signed a blank copy of a Termination/Completion of Sponsorship for Private Investigator Intern form. She gave the signed form to Ms. Barber. This form was ultimately completed, Ms. Cartwright's signature was notarized by Mr. Acuff's girlfriend, the form was dated August 30, 1994 and was then filed with the Division as part of Mr. Acuff's application for licensure. See Petitioner's exhibit 6. It was represented on Petitioner's exhibit 6 that Ms. Cartwright had sponsored Mr. Acuff from June 3, 1993 to August 26, 1994. An Employee Action Report was also filed with the Division. Petitioner's exhibit 5. The form indicates that Ms. Cartwright had resigned as manager of Chatoyant as of August 30, 1994. Ms. Cartwright did not sign the form. On October 5, 1994, Ms. Cartwright executed a Termination/Completion of Sponsorship for Private Investigator Intern form attesting that "I did not sponsor Patrick Acuff to my knowledge. I was not aware of Intent to Sponsor." Petitioner's exhibit 7. Ms. Cartwright did not sponsor any investigatory work by Mr. Acuff or act as the manager of Chatoyant. The Administrative Complaint. During the summer of 1994, the Division's office in Jacksonville received a letter questioning how Mr. Acuff could be working for Chatoyant without an appropriate license or manager. Ms. Norma Benvenuto, an investigator for the Division, checked the Division's records and determined that there was no sponsor listed for Chatoyant. Ms. Benvenuto spoke with Mr. Acuff and asked that he come to her office. Mr. Acuff complied. Mr. Acuff informed Ms. Benvenuto that Ms. Cartwright was the sponsor of Chatoyant. When asked for documentation, Mr. Acuff was only able to produce a blank form signed by Ms. Cartwright. Ms. Benvenuto asked Mr. Acuff to bring any documentation that would support his assertion that Ms. Cartwright was the manager of Chatoyant and that they had met to discuss his work during her sponsorship of him. Ms. Benvenuto telephoned Mr. Acuff more than once to remind him to bring the documentation. Mr. Acuff failed to provide any such documentation. Ms. Benvenuto contacted Ms. Cartwright in an effort to verify Mr. Acuff's assertions. Ms. Cartwright denied ever sponsoring Mr. Acuff or every actually performing any duties as the manager of Chatoyant. Ms. Cartwright also admitted that she had initially agreed to sponsor Mr. Acuff but had subsequently changed her mind. On October 20, 1995, the Division entered an Administrative Complaint against Mr. Acuff. The Denial of Mr. Acuff's Application for a Class "C" License. By letter dated December 16, 1994, the Division notified Mr. Acuff that his application for a Class "C" license was denied.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Division sustaining Counts II and III of the Administrative Complaint against Mr. Acuff in case number 94- 6750, requiring that he pay a fine of $1,000.00 and denying the application for a Class "C" license filed by Mr. Acuff or about August 30, 1994 in case number 95-1084S. DONE AND ENTERED this 28th day of April, 1995, in Tallahassee Florida. LARRY J. SARTIN, 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 28th day of April, 1995. APPENDIX The Division has submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted, if any. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. Mr. Acuff did not file a proposed order. The Division's Proposed Findings of Fact 1 Hereby accepted. See 4-5. 2-3 Hereby accepted. Accepted in 22. Accepted in 22, 28 and hereby accepted. Hereby accepted. Accepted in 25 and hereby accepted. Accepted in 22 and hereby accepted. Accepted in 17 and hereby accepted. See 26 and hereby accepted. Hereby accepted. Accepted in 16 and hereby accepted. Accepted in 14. Accepted in 13, COPIES FURNISHED: Michele Guy Assistant General Counsel Department of State Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 Jeffrey Grainger, Esquire 1722 University Boulevard South Jacksonville, Florida 32216 Honorable Sandra B. Mortham Department of State The Capitol Tallahassee, Florida 32399 Don Bell Department of State The Capitol Tallahassee, Florida 32399
Findings Of Fact Albert Spain is an applicant otherwise qualified for licensure as a private employment agency/agent except for the lack of three years continuous experience immediately preceding his application, the question which is at issue in this case. Spain was employed with a trade association as a vice president for 15 years until December 31, 1976. His experience in this position meets the requirements of equivalent experience as an employment clerk and is accepted as such by the Division. Spain was employed from February 28, 1977, until March 31, 1978, with Life of Georgia in Orlando, Florida. Thereafter, Spain was employed as manager of an employment agency which experience is accepted by the Division as equivalent experience as an employment clerk. The head of the Life of Georgia agency and Spain's immediate superior, William Richardson, testified concerning Spain's employment. Richardson needed an agent supervisor for his agency to assist him in recruiting, training and supervising agents for the company's Orlando operation. Richardson met Spain and was impressed with his background, feeling that Spain could fill this position as agent supervisor. However, in order to fill this position, the incumbent must be a licensed insurance salesman and have experience in insurance sales. Richardson offered Spain a position as a salesman with the understanding that if Spain gained experience in sales and was licensed he would have the opportunity to become the agent supervisor if his performance was otherwise satisfactory. Spain accepted the employment, obtained his insurance license and worked as an insurance salesman for approximately one year. Richardson was satisfied with Spain's progress and would have considered Spain for the supervisor's job had Spain not left the agency. Although Spain's duties primarily related to sales, he also recruited salesmen, worked in training other sales people, and did other work as was assigned by Richardson. Certain of these duties involved work which would be the equivalent of that of an employment clerk; however, Spain spent only approximately 50 percent of his time in such duties.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the application of Albert Spain for licensure as a private employment agent/agency be granted. DONE and ORDERED this 20th day of February, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 20th day of February, 1979. COPIES FURNISHED: Gerald Curington Division of Licensing The Capitol Tallahassee, Florida 32304 Albert L. Spain 4264C Lake Underhill Drive Orlando, Florida
The Issue The issues in these consolidated cases are as follows: (1) whether Shaw Investigations aided or abetted Shaw Investigation Agency, Incorporated, an Alabama private investigative corporation not licensed to conduct business in Florida, and that corporation's private investigator employees, in engaging in unlicensed activity in Florida in violation of Section 493.6118(10(n), Florida Statutes; (2) whether Shaw Investigations failed or refused to cooperate with an agency representative's official investigation by not furnishing documentation required under a subpoena duces tecum in violation of Sections 493.6118(1)(o) and 493.6121(4), Florida Statutes; (3) whether Shaw Investigations committed misconduct in the course of regulated activity by failing to provide a client with written reports and accounting of investigative expenditures in violation of Section 493.6118(1)(f), Florida Statutes; (4) whether Shaw Investigations Agency, Incorporated, performed private investigations in Florida without a license in violation of Section 493.6118(1)(g), Florida Statutes, and Rule 1C- 3.120(1)(c), Florida Administrative Code; (5) whether Shaw Investigation Agency, Incorporated, allowed unlicensed persons to perform private investigative services in Florida in violation of Section 493.6118(1)(n), Florida Statutes; (6) and if so, what penalty should be imposed.
Findings Of Fact At all times relevant to these consolidated cases, Shaw Investigations, Mitchell D. Shaw, Owner, had a Class "A" Private Investigative Agency license, no. A89-00262, and Mitchell D. Shaw had a Class "C" Private Investigator license, no. C89-00625. Shaw Investigations currently has a valid Class "A" license, which was effective February 3, 1998, and expires on November 8, 1999. Mitchell D. Shaw has a valid Class "C" license, which was effective September 16, 1997, and expires on August 2, 1999. Shaw Investigation Agency, Inc., Mitchell D. Shaw, President, is an Alabama corporation. It is not licensed as a Class "A" Private Investigative Agency in Florida. Michelle Davis, Linda Moulton, and Ricky Tharpe are former employees of Shaw Investigation Agency, Inc. They worked for the Alabama investigative agency at all times relevant here. However, they were not licensed Florida private investigators or private investigator interns on those dates. Ms. Davis worked for Shaw Investigations Agency, Inc. as a private investigator intern and secretary. Ms. Moulton worked as a private investigator for the Alabama investigative agency. Mr. Tharpe was hired to work as a sales manager and private investigator in Alabama. His duties included conducting surveillance and checking tag numbers. F. Page Whatley was an employee of Shaw Investigations Agency, Inc., at all times relevant here. He did not have a Florida private investigator or private investigator intern license on those dates. Mr. Whatley obtained licensure as a Florida private investigator on February 6, 1997. The earliest that Mr. Whatley could have worked as a private investigator in Florida was upon submission of his complete application on November 5, 1996. Jeffery Lee Fears (Fears) was a resident of Georgia. In April of 1994, Fears was in Panama City Beach, Florida, on spring break when he died at a condominium complex, Ocean Towers. The Panama City Beach Police Department ruled his death a suicide.1 The Fears family hired Shaw Investigation Agency, Inc., to conduct a private investigation into the death of their son. They specifically hired the Alabama private investigative corporation because they did not agree with Florida law enforcement authorities that Fears' death was the result of suicide. The Fears investigation consisted of numerous witness interviews in Georgia, Florida, and other states, the gathering of evidence and witness information, and an examination of the physical site of death in Panama City Beach, Florida. When the Fears investigation was initiated and until March of 1996, Mr. Shaw was president of Shaw Investigations Agency, Inc. Sometime between March 15, 1996, and March 15, 1997, Mr. Whatley became president of the Alabama corporation. When the Fears investigation was initiated, the Florida investigative agency was the employer of investigators, other than Mr. Shaw, who held Florida Class "C" Private Investigators licenses. However, Mr. Shaw did not utilize the services of the other licensed Florida investigators in the Fears case. On May 3, 1994, Ms. Davis traveled alone from Dothan, Alabama, to Panama City, Florida, at the direction of Mr. Shaw. While she was there, Ms. Davis attempted to locate Charles Russell, the security guard who was on duty at Ocean Towers the night that Fears died. She also obtained a copy of a report from the Panama City Beach Police Department relative to an accident that occurred the same night as the Fears death. Upon her return to Dothan, Alabama, Ms. Davis prepared a written report of her investigation for Shaw Investigation Agency, Inc. On May 4, 1994, Mr. Tharpe traveled to Panama City, Florida, with Mr. Shaw and another employee of Shaw Investigations Agency, Inc. They first went to the Panama City Beach Police Department, where Mr. Tharpe attempted to get the gun that allegedly killed Fears. The men then went to the Ocean Towers complex where they talked to the manager, took pictures of the accident scene, measured the time required to walk up and down stairs and to go up and down in the elevator, observed blood stains, and looked for bullets on the outside of the building. On May 5, 1994, Mr. Shaw directed Ms. Moulton to travel alone to Panama City, Florida, from Dothan, Alabama, to locate the security guard, Charles Russell. After making inquiries at the apartment complex where Mr. Russell lived, Ms. Moulton learned that he was out of town. She then returned to Dothan where she prepared a report of her investigation for Shaw Investigation Agency, Inc. On May 19, 1994, Mr. Tharpe traveled with Mr. Shaw and the Fears attorney to Panama City, Florida. The men went first to the Panama City Beach Police Department in an unsuccessful attempt to get the gun that allegedly killed Fears. Next, Mr. Tharpe went with Mr. Shaw and the attorney to the Ocean Towers complex where they observed the site of Fears' death. Lastly, the men attempted unsuccessfully to locate Mr. Russell at his apartment. Upon his return to Dothan, Alabama, Mr. Tharpe prepared a written report describing the investigation conducted that day on behalf of Shaw Investigation Agency, Inc. On May 27, 1994, Ms. Moulton again traveled alone to Panama City, Florida, as directed by Mr. Shaw. She first inquired whether two local television stations had any news footage relative to the death of Fears. She learned that the stations did not have any such footage. Next, Ms. Moulton went to Mr. Russell's apartment complex. Her inquiries revealed that he was back in town but not at home. Ms. Moulton set up surveillance to wait for Mr. Russell's return. She subsequently took pictures of a man entering Mr. Russell's apartment and got the tag numbers of six vehicles in the parking lot behind the apartment. Ms. Moulton went to the local tag registration office. She got the names of all the owners of the vehicles except one, which was unregistered. Ms. Moulton returned to Mr. Russell's apartment and continued her surveillance. When Mr. Russell left his apartment, Ms. Moulton took a picture of him with his car, noting his physical description and the make, model, and color of his car. She then returned to Dothan, Alabama, where she made a written report of her investigation for Shaw Investigation Agency, Inc. On June 1, 1994, Mr. Shaw directed Ms. Moulton to travel from Dothan, Alabama, to Panama City, Florida, to set up surveillance on Mr. Russell's apartment. She waited outside Mr. Russell's apartment until Mr. Shaw arrived to conduct an interview. Ms. Moulton then traveled to the local library to research the newspaper coverage on Fears' death. She retained a copy of a newspaper story about the incident. Next, Ms. Moulton went to the Panama City Police Department to obtain information on shootings between March 28, 1994 and April 6, 1994. She learned that there were no such incidents. Ms. Moulton went to the Bay County Sheriff's Department to obtain information on shootings that occurred between March 28, 1994 through April 6, 1994. She learned that her request would require payment for the research and copies of the results. Ms. Moulton went to the Panama City Beach Police Department to obtain the same type of information. She retained a computer print-out on all calls that the department responded to between the relevant dates. Ms. Moulton then returned to Dothan, Alabama. She prepared a written report of her investigations conducted on June 1, 1994, for Shaw Investigation Agency, Inc. On June 22, 1994, Ms. Davis went to Panama City Beach with the Shaw Investigation Agency, Inc., investigators and the Fears family. While she was there, she participated in the investigation by timing the walk from a Burger King restaurant to the sixth floor of the Ocean Towers. On July 18, 1994, Mr. Tharpe traveled alone to Panama City, Florida, on behalf of Shaw Investigation Agency, Inc. He first went to the Panama City Beach Police Department in an attempt to pick up the gun that allegedly killed Fears. Next, Mr. Tharpe conducted an interview with Mr. Russell at his apartment. Mr. Tharpe prepared a written report of his investigation for Shaw Investigation Agency, Inc. On October 18, 1994, Ms. Moulton traveled with Mr. Shaw to Panama City, Florida. She did not independently conduct any investigative work. However, she was present when Mr. Shaw interviewed Dr. William Eckerd, the Bay County coroner. On at least one other occasion, Mr. Tharpe traveled alone to Panama City Beach, Florida, on behalf of Shaw Investigation Agency, Inc. He took a blood test kit to locate spots of blood at the scene of Fears' death at Ocean Towers. Mr. Shaw testified that Mr. Tharpe's primary involvement in the Fears investigation was as an expert hired to build a model of the crime scene. This testimony is not persuasive. On November 18, 1995 or November 19, 1995, Henry Locke of Panama City, Florida, decided to hire a private investigator to research the work history of a co-worker, Ron Barlow. Mr. Locke looked in the local phone book and called Shaw Investigations using a local number. Mr. Locke spoke with a man who identified himself as a private investigator. The man on the phone said that he would meet with Mr. Locke the next day on his way back to Dothan, Alabama, from working on a case in Panama City Beach, Florida. Until that time, Mr. Locke did not know that the investigator was from Dothan, Alabama. Page Whatley was the man who showed up at Mr. Locke's home the next day. Mr. Locke believed Mr. Whatley was the man he had spoken to on the phone. Mr. Locke told Mr. Whatley that he wanted a background check on the work history of Ron Barlow, a co-worker. Specifically, Mr. Locke explained that he wanted to know the places where Mr. Barlow had worked and the type of work he had done. The information that Mr. Locke provided to Mr. Whatley was personal and confidential; Mr. Locke did not want anyone, especially Mr. Barlow, to know about the private investigation. Mr. Whatley agreed to provide Mr. Locke with the requested information for a fee in the amount of $750. Mr. Locke and Mr. Whatley signed a contract dated November 20, 1995, indicating that the work to be performed included a background check. The contract heading was "Shaw Investigations Agency, Inc." The "Inc." on the contract was crossed out, indicating that the contract was with Shaw Investigations, the Florida Agency. In November of 1995, Mr. Shaw was president of the Alabama investigative agency. Mr. Whatley was not licensed in Florida at that time. Mr. Locke mailed a check in the amount of $750 the next day. He sent the check to a Dothan, Alabama, address. The check is dated November 20, 1995, and made payable to Shaw Investigation Agency. Shaw Investigation Agency, Inc., subsequently cashed the check. Shaw Investigations, the Florida agency, does not perform computer-generated background checks because it does not have the necessary technical equipment and staff. Mr. Shaw uses the equipment owned by the Alabama corporation and its employees, who are unlicensed in Florida, to do the research necessary for that type of work. Mr. Locke was not aware of these facts when he sent his check to Dothan, Alabama. He thought the Alabama office was a branch of the Florida agency. In December of 1995, an employee from Shaw Investigation Agency, Inc., called Mr. Locke on the telephone to tell him that a background check on Ron Barlow did not reveal a criminal record. The Alabama employee also discussed the results of Ron Barlow's workman's compensation claim history. At that time, Locke did not complain that the information provided was not satisfactory because it did not include Ron Barlow's work history. Isabel Shaw, an employee of Shaw Investigations Agency, Inc., testified at hearing that she mailed Mr. Locke a copy of the report in January of 1996 in accordance with company procedure. This testimony is not credible. About one year later, Mr. Locke contacted other local investigators. One of those investigators recommended that Mr. Locke contact Petitioner to file a complaint against Shaw Investigations. Petitioner received Mr. Locke's complaint on February 28, 1997. Around the time that Mr. Locke filed his complaint with Petitioner, he called the Dothan, Alabama, office to complain that he had not gotten a report. An employee in the Alabama office told him that he had been given a verbal report in December of 1995. He and the employee got into an argument and the employee hung up the phone. Mr. Whatley wrote Mr. Locke a letter dated April 7, 1997, apologizing for any misunderstanding and enclosing a copy of a two page report containing Ron Barlow's workman's compensation claim history. Mr. Locke has never received the information he originally requested concerning Ron Barlow's work history. In March of 1995, Petitioner received a complaint from officials in the Florida Department of Law Enforcement (FDLE) concerning Mr. Shaw's investigation of the Fears case. Petitioner directed its investigator, Robert Cousson, to hold his investigation in abeyance until FDLE completed its investigation of the Fears case. On June 28, 1996, Mr. Cousson contacted Mr. Shaw by telephone and requested a copy of expenses involved with the Fears case, the entire case file, a list of investigators who had worked on the case, and a list of the code numbers of those investigators. Mr. Shaw responded that the case was confidential. He stated that he would need to obtain the permission of his clients. On July 2, 1996, Mr. Cousson again telephoned Mr. Shaw. In that conversation, Mr. Shaw stated that the Fears family would not consent to release the case file. According to Mr. Shaw, the Fears family threatened to sue if the file was released. Mr. Cousson responded that he would cure that problem by issuing a subpoena for the file. On July 3, 1996, Petitioner faxed the subpoena to Shaw Investigations, Mitchell D. Shaw, Owner. On July 10, 1996, Mr. Cousson personally served the subpoena on Mr. Shaw in his office. During that visit, Mr. Shaw produced a letter dated July 8, 1996, from Mr. Shaw's attorney. The letter states that the Fears hired Shaw Investigations Agency, Inc., to conduct the Fears investigation. According to the letter, Shaw Investigations Agency, Inc., was not subject to Petitioner's regulations or subpoena power. The attorney's letter reveals that the Florida agency was hired by the Alabama agency to do some work on the Fears case. However, according to the letter, the work of the Florida agency was completed more than two years prior to the issuance of the subpoena. The letter states the records of the Florida agency were not subject to preservation or disclosure under Section 493.6121(2), Florida Statutes. Nevertheless, the attorney's letter enclosed two investigative reports, stating that Shaw Investigations was not in possession of any other records that were responsive to the subpoena. The first report, dated July 18, 1994, was prepared by Mr. Tharpe. The second report, dated October 18, 1994, was dictated by Mr. Shaw and typed by Ms. Moulton. At a later date, Mr. Cousson received a copy of a contract between Shaw Investigations and Shaw Investigations Agency, Inc. The contract is dated April 14, 1994. According to the contract, the Florida agency was paid to take pictures, interview a witness, and provide a scale diagram of the accident scene for a possible model. Mr. Shaw produced no other documents as responsive to the subpoena. However, he verbally provided Mr. Cousson with the code numbers of the Alabama investigators used on the Fears case. The investigation of the Fears case by Shaw Investigation Agency, Inc., was ongoing at the time of the hearing. The entire case file of the Fears investigation is still in existence, including documents generated as a result of the contract between the Florida investigative agency and the Alabama investigative agency. In addition to not providing the subpoenaed investigative files, Mr. Shaw did not provide any records pertaining to the fees and costs paid by the Fears, a list of all personnel employed during the period of April 18, 1994 through June 30, 1995, including the coded list of all employees and payroll records for the period of April 18, 1994 through June 30, 1995. Mr. Shaw did not provide any documents relating to the Florida investigative agency's activities in the Fears investigation other than as set forth above.
Recommendation Based upon the Findings of Fact and Conclusions of Law, it is, RECOMMENDED: That Petitioner enter a Final Order suspending the Florida licenses of Shaw Investigations and Mitchell D. Shaw for three months, and imposing the maximum fine for Counts I-IV and VII-IX in Case No. 97-0369 and for Counts I-II, IV, and VI-VII in Case No. 98-1761. DONE AND ENTERED this 25th day of November, 1998, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 25th day of November, 1998.
Findings Of Fact At all times relevant hereto, Respondent held a Class "C" Private Investigator's License Number C90-00727 and a Class "G" Statewide Firearms License, Number G90-02226. In April 1991 Respondent taught a Saturday morning class, the third or fourth week of that month, in which Beatrice Price and Ryan Martin were trainees. At the conclusion of the lecture Respondent took the two trainees on a "real" investigation. The subject of the investigation was a dentist, Dr. Kathleen Gerreaux, under surveillance on either a worker's compensation claim or a liability claim (conflict in the testimony and the type of surveillance is not relevant). Respondent placed a microphone under the blouse of Beatrice Price a/k/a Beatrix Herrera and had her go to the office of Dr. Gerreaux to try and learn in what activities she was engaging. The conversation was recorded in Respondent's van parked some distance away. When Herrera returned to the van the tape was replayed in her presence and the words of the investigator and Dr. Gerreaux could be clearly understood. Shortly thereafter Dr. Gerreaux left her office and returned to her home. Respondent took the van to the vicinity of the residence, parked several houses away and rigged Ryan Martin with a microphone under his shirt and had him go to Dr. Gerreaux's home to attempt to get her to go jogging or perform some other exercise which could be videotaped. Herrera overheard the conversation between Martin and Dr. Gerreaux while waiting in the van. This incident was not reported to Petitioner until several months later after Herrera had contacted plaintiff's investigator to complain about an incident which she was told she had been taped without her knowledge or consent. When told that her evidence was insufficient to support her claim Herrera told the investigator about the taping of the conversation with Dr. Gerreaux. This initiated the investigation which led to the Administrative Complaint filed herein. After talking to Herrera and Martin the investigator also interviewed Respondent regarding the taping incident. Respondent admitted to the investigator that he had used Herrera and Martin to intercept the conversations with Dr. Gerreaux, but said the tapes were unintelligible. Respondent's version of this incident was similar to the testimony given at the hearing by Herrera except for the clarity of the taped conversation.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That a final order be entered finding David J. Berry guilty of violating section 493.6118(1)(f), F.S. and that an Administrative fine of $1000 be imposed. DONE AND RECOMMENDED this 2nd day of November, 1993, in Tallahassee, Leon County, Florida. K. N. AYERS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 2nd day of November, 1993. COPIES FURNISHED: Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250 Henri C. Cawthon Assistant General Counsel Department of State Division of Licensing The Capitol, Mail Station #4 Tallahassee, Florida 32399-0250 Ronald L. Jones, Esquire 1020 East Lafayette Street, Suite 108 Tallahassee, Florida 32301
