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 Whether Respondent, Carswell Investigations, Dexter B. Carswell, owner, committed the violations alleged in the administrative complaint dated September 20, 1995; and, if so, what penalty should be imposed.
Findings Of Fact At all times material to the allegations of this case, Respondent held a class "A" private investigative agency license, number A94-00095; a class "C" private investigator license, number C93-00488; and a class "G" statewide firearm license, number G94-02105. Petitioner is the state agency charged with the responsibility of regulating such licenses. On August 22, 1994, Respondent, Dexter B. Carswell, was in Bibb County, Georgia. On that date, Respondent was riding in an automobile which went onto the school grounds of the Northeast High School, a Bibb County school property where Richard Harned was employed as a campus police officer. Posted conspicuously on those grounds were signs which notified the public that persons, vehicles, and personal belongings on school property were subject to search and that state law prohibited the possession of a deadly weapon on school property. While on school property on that date, Respondent was in possession of a handgun which is described as a 40 caliber Glock. On August 22, 1994, in Bibb County, Georgia, Respondent did not have a license to carry a concealed weapon in Georgia. Respondent knew a license was needed to carry a concealed weapon in Georgia. On August 22, 1994, in Bibb County, Georgia, Respondent did not have a license to conduct private investigations in Georgia. Respondent knew a license was required to conduct private investigations in Georgia. On August 22, 1994, in Bibb County, Georgia, Respondent carried a badge with the words "Investigator Detective" at the top, and "State of Florida, Broward County, FLA" along with an official-looking outline of the state of Florida. This badge did not denote Respondent was a licensed private investigator but could easily be misread as an official police badge. On or about January 5, 1995, by the grand jury for the December, 1994 term of the Bibb Superior Court, Respondent was indicted for the offenses of possession of a weapon on school property and carrying a concealed weapon in violation of Georgia law. As a result, Respondent pled guilty to the charges and, as a first time offender, adjudication was withheld, and he received time served (seven days), paid fines, and was placed on three years probation. Respondent is currently serving that probation. When Respondent filed his application for the class "A" investigative agency license he represented himself as the sole proprietor of Carswell Investigations. This application (Petitioner's exhibit 8) was submitted on March 18, 1994. Respondent subsequently incorporated Carswell Investigations and filed articles of incorporation with the office of the Secretary of State. Those articles represent that the corporate officers of the company are: Dexter Carswell, President; Jimmy Carswell, Vice President; Ethel Carswell, Secretary; and Alvaro Valdez, Treasurer. Respondent remained the sole owner of the corporation. Despite the incorporation of the business, Respondent did not update the licensing information with the Division of Licensing. Alvaro Valdez, who is also known as Alvara Valdel or Alvara Valdez, is a convicted felon. On August 22, 1994, Alvaro Valdez had in his possession a business card in the name of Carswell Investigations, Inc. No. A-94-00095, which certified Mr. Valdez as an employee of the company.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Department of State, Division of Licensing, enter a final order imposing an administrative fine in the amount of $1,350.00; suspending Respondent's class "C" license for a period of time to coincide with his probation from the Georgia criminal proceeding; and revoking Respondent's class "G" license. DONE AND ENTERED this 27th day of September, 1996, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of September, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 96-0324 Rulings on the proposed findings of fact submitted by the Petitioner: Paragraphs 1, and 3 through 12 are accepted. Paragraph 2 is rejected as contrary to the weight of the credible evidence. Rulings on the proposed findings of fact submitted by the Respondent: 1. None submitted. COPIES FURNISHED: Sandra B. Mortham, Secretary Department of State The Capitol Tallahassee, Florida 32399-0250 Don Bell, General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250 Michele Guy, Esquire Department of State Division of Licensing The Capitol, Mail Station Number 4 Tallahassee, Florida 32399-0250 Dexter B. Carswell Carswell Investigations 3101 Northwest 47 Terrace, Number 119 Lauderdale Lakes, Florida 33319
The Issue The issue in this case is whether Respondent is guilty of fraud or deceit in the practice of activities regulated under Chapter 493 and knowingly violating a statutory prohibition against carrying a concealed firearm in the course of business regulated by Chapter 493.
Findings Of Fact At all material times, Respondent has held a Class "A" Private Investigative Agency License, a Class "C" Private Investigator License, and a Class "PD" Proprietary Security Officer License. By final order entered December 8, 1992, Petitioner suspended Respondent's Class "A" and "C" licenses for one year for unlawfully intercepting oral communications. The final order also imposes an administrative fine of $1000 for this violation. In August, 1991, Respondent was retained by a client to perform an asset check of another person. Respondent did not perform the work to the client's satisfaction, so the client filed a complaint with Petitioner. On September 17, 1991, Petitioner's investigator visited Respondent at his office to conduct an interview. When the investigator asked to see Respondent's file on the case, he went to his filing cabinet, pulled out a drawer, and exclaimed that the file was missing. The investigator asked what happened, and Respondent said that someone must have stolen the file. The investigator advised Respondent that, if so, he should report the theft to the police. Respondent did report the theft to the police. In so doing, he made a false report to the police. The file was not missing or stolen; Respondent was trying to obstruct the investigation into the complaint that the client had made against him. When requested to visit the police station for an interview in November, 1991, Respondent wore his handgun in a shoulder holster under his jacket. The evidence is unclear as to the status of Respondent's Class "C" license at the time of the interview at the police department. There is some evidence that it had expired due to nonrenewal, but Respondent also testified that he had already mailed a check and the paperwork necessary for the renewal. However, Respondent may be presumed to be aware that even a current Class "C" license does not authorize the licensee to carry a concealed firearm into a police station.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department of State, Division of Licensing, enter a final order dismissing Count II, finding Respondent guilty of violating Section 493.6118(1)(f), issuing a reprimand, and imposing an administrative fine of $1000. ENTERED on September 24, 1993, in Tallahassee, Florida. ROBERT E. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings on September 24, 1993. COPIES FURNISHED: Honorable Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Phyllis Slater, General Counsel Department of State The Capitol, PL-02 Tallahassee, Florida 32399-0250 Attorney Henri C. Cawthon Department of State Division of Licensing The Capitol, Mail Station #4 Tallahassee, Florida 32399-0250 Frank J. Lanzillo 520 - 12 Street West, #203 Bradenton, Florida 32405
Findings Of Fact The Petitioner, Alex Marrero, age 27, has never been convicted of a crime. He became a Dade County police officer in 1975. During his work as a police officer he received numerous commendations and citations from the Kiwanis Club and his supervisors for outstanding service. One year he was Officer of the Month once, and runner-up for Officer of the Year. During the course of his employment as a police officer, however, the Petitioner became one of the subjects of an investigation by the Internal Security Bureau of the Dade County Public Safety Department, which related to the arrest and beating of Arthur McDuffie on the night of December 17, 1979. As a result of this investigation, the Petitioner was discharged as a police officer on February 1, 1980, by the Director of Public Safety. The Petitioner's termination from employment was reviewed by a hearing examiner for Dade County at hearings held on April 29 and May 15, 1981, which resulted in the issuance of a recommendation dated June 19, 1981, that the discharge of the Petitioner be upheld. Thereupon, on July 16, 1981, the County notified the Petitioner that his dismissal from service was confirmed. The Petitioner admitted the fact that the recommendation of the hearing examiner was based upon findings that he used unnecessary force in the arrest of Arthur McDuffie which contributed to his death. He also admitted that the hearing officer found that he had tampered with evidence to make the death of McDuffie appear to have been accidental. No administrative or judicial review of the Petitioner's discharge as a police officer has been undertaken. Previously, in 1979, the Petitioner was charged with second degree murder and manslaughter and brought to trial in Circuit Court. The Petitioner pleaded self-defense, and he was found not guilty on all counts by a jury. There have been no other incidents in his life questioning his honesty or good moral character, according to the Petitioner. Prior to his employment as a police officer the Petitioner worked for Preventative Security Service and Investigation, Inc. Since his termination as a police officer he has resumed investigative work with this employer, and he has also worked for a jewelry company in Miami as a security consultant. The Petitioner contends that the same facts were before both the jury and the hearing officer relative to the arrest and beating of Arthur McDuffie, and that his acquittal by the jury after a trial wherein over ten witnesses were heard, is entitled to more weight than an administrative proceeding where only two witnesses testified. However, the jury verdict of not guilty after a self- defense plea, without more, is not subject to only a single interpretation. There is not sufficient evidence to support a finding that the death of Arthur McDuffie was justifiable or excusable. The only import of the jury's acquittal of the Petitioner is that he is not guilty of the crimes charged. Acts which might not be criminal offenses, or which may not have been proven sufficiently so as to warrant a conviction, may nevertheless be the basis for administrative proceedings and receive different treatment. Further, the Petitioner presented no evidence to corroborate his own assertions relative to his character, past record, etc. In view of the circumstances surrounding the termination of the Petitioner's employment as a police officer by Dade County, there is not sufficient evidence to support a finding that the Petitioner meets the good character requirement for a private investigative agency license.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of Alex Marrero for a Class A Private Investigative Agency license, be denied. THIS RECOMMENDED ORDER entered on this 17th day of November, 1981, in Tallahassee, Florida. WILLIAM B. THOMAS, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 17th day of November, 1981. COPIES FURNISHED: Edward J. O'Donnell, Esquire Suite 300 1125 N.E. 125th Street North Miami, Florida 33161 James V. Antista, Esquire Room 106, R.A. Gray Building Tallahassee, Florida 32301
The Issue As to each case, whether the Respondents committed the offenses alleged in the respective administrative complaints and the penalties, if any, that should be imposed.
Findings Of Fact At all times pertinent to this proceeding, Respondent, Robert C. Seitz, held a valid Class "C" Private Investigator License, Number C88-00643 and Respondent, Investigative Services International, Incorporated (ISI), held a valid Class "A" Investigative License. Mr. Seitz is the president of ISI. All acts described in this Recommended Order committed by Mr. Seitz were in his capacity as an employee and officer of ISI. CASE NO. 95-3553 On December 30, 1994, Mr. Seitz executed a contract on behalf of ISI by which he agreed that his agency would perform investigative services for Jacqueline Alfaro. The nature of the investigation was the surveillance, videotaping, and documentation of the activities of Ms. Alfaro's sister-in-law. Ms. Alfaro suspected that her sister-in-law was engaged in an extramarital affair and wanted proof of her suspicions to give to her brother, who was incarcerated on federal drug charges. Ms. Alfaro gave to Mr. Seitz a retainer of $1,000 in cash, as requested by Mr. Seitz. The contract for services executed by Ms. Alfaro authorized ISI to bill for the expenses of computer research. Petitioner asserts that Ms. Alfaro provided Mr. Seitz with all pertinent information that was required for the investigation and that additional computer research was not necessary. Mr. Seitz testified, credibly, that some computer research was appropriate to assist him in preparing for his surveillance of Ms. Alfaro's sister-in-law by identifying suspects and possible locations of meetings. Consequently, it is concluded that some of the computer research done by Mr. Seitz was appropriate. In addition to the computer research that was in furtherance of the investigation, Mr. Seitz conducted computer research on his own client. The computer research on Jacqueline Alfaro was inappropriate and was not in furtherance of the investigation of the sister-in-law. The records of ISI for the Alfaro investigation consists of a bookkeeping entry that merely reflects that expenses in the lump-sum amount of $100.00 were incurred for computer research. This record is insufficient to substantiate what was being billed. 1/ Mr. Seitz testified that his company's records of the expenses for the computer research excluded the time he spent researching his own client. This testimony is accepted and, consequently, it is concluded that Petitioner failed to establish by clear and convincing evidence that the bill to Ms. Alfaro 2/ included expenses for inappropriate computer research. The contract authorizes charges for mileage incurred outside of Dade County at the rate of 45 per mile. Ms. Alfaro was told by Mr. Seitz that she would not be charged mileage because the investigation would be exclusively within Dade County. The bill submitted to Ms. Alfaro included a charge for mileage of $33.75 incurred on January 5, 1995. This mileage was purportedly incurred for 75 miles driven by Mr. Seitz in Broward County. There was also a billing of $32.50 for one-half hour driving time on the same date. Respondent's testified that he was spending time on a weekend with his family in Broward County when he was summoned by Ms. Alfaro back to Dade County. He further testified that he billed for only the mileage he incurred while in Broward County traveling to Dade County. This explanation is rejected as lacking credibility for two reasons. First, January 5, 1995, fell on a Thursday, not on a weekend. Second, it is doubtful that Mr. Seitz would have traveled 75 miles going from Broward County to Dade County. It is concluded that Ms. Alfaro was inappropriately billed for the 75 miles that Mr. Seitz allegedly drove in Broward County on January 5, 1995. Petitioner did not establish that the billing of $32.50 for driving time on January 5, 1995, was inappropriate since that was for time spent driving within Dade County, Florida. Ms. Alfaro frequently spoke with Mr. Seitz about the investigation, requesting details. She came to believe that Mr. Seitz was not performing his investigation and sent her nephew to check on him. On different occasions, the nephew went to the locations where Mr. Seitz had told Ms. Alfaro he would be conducting a surveillance of the sister-in-law. The nephew reported to Ms. Alfaro that Mr. Seitz was not at those locations. On or about January 9, 1995, Ms. Alfaro instructed Mr. Seitz to terminate the investigation because her nephew caught his stepmother with another man. There was a dispute as to whether Ms. Alfaro requested a written report of the investigation and copies of video tapes taken during the investigation. Ms. Alfaro testified that she wanted a written report and copies of videotapes because she did not believe that Mr. Seitz had conducted an investigation. Mr. Seitz testified that she did not ask for a written report because she did not want her brother to know that she had been investigating his wife. This conflict is resolved by finding that Ms. Alfaro did ask for a written report of the investigation and that she wanted copies of any video tapes. This finding is reached, in part, because Ms. Alfaro clearly did not believe that Mr. Seitz had performed an investigation as he had verbally reported to her. A request for a written report would be consistent with that belief. The finding is also based on an evaluation of the credibility of the witnesses offering the conflicting testimony. On or about January 12, 1995, Mr. Seitz left Ms. Alfaro a handwritten note and $170.00 cash under the door of her business. The note reflected that the total of time and mileage for the investigation was $830.00. The $170.00 purported to represent the difference between the amounts incurred by Ms. Alfaro pursuant to the contract and the amount of the retainer. Ms. Alfaro requested an itemized statement to substantiate this billing. She never received a written report, any videotape, or an itemized billing. Mr. Seitz and ISI failed to maintain investigative notes of the surveillance activities on behalf of Ms. Alfaro. Mr. Seitz produced to Petitioner's investigator what purports to be a computer record of the charges incurred by Ms. Alfaro. The hourly rate specified by the contract was $65.00. The charges reflected by the computer record are as follows: A. 1-4-95 Computer Research $100.00 B. 1-5-95 Surveillance 130.00 C. 1-5-95 Travel Time 32.50 D. 1-5-95 Mileage (75 @ 45 ) 33.75 E. 1-6-95 Surveillance 325.00 F. 1-6-95 Travel Time 65.00 G. 1-7-95 Standby Time 65.00 $751.25 The computer records also reflected that the agency agreed to absorb taxes in the amount of $48.83. Mr. Seitz rounded these figures and determined that Ms. Alfaro was entitled to a refund of $250.00. Mr. Seitz testified that he actually returned to Ms. Alfaro the sum of $250.00 in the note he left for her on January 12, 1995. He testified that his note reflecting that the sum of $170.00 was being returned to her was an error on his part. Ms. Alfaro's testimony was that she was returned only $170.00. Since Ms. Alfaro's testimony is consistent with Mr. Seitz's handwritten note, the conflicting evidence is resolved by finding that Mr. Seitz returned to Ms. Alfaro the sum of $170.00. His testimony that he simply made a mistake as to the amounts due to be refunded is found to be credible and is, consequently, accepted. CASE 95-4775 At the times pertinent to this proceeding, Robin Bloodworth held a Class "CC" Private Investigator Intern license issued by Petitioner. Prior to January 17, 1995, Ms. Bloodworth was told by a friend of hers that he knew someone who might be interested in employing her. This friend asked her to fax to him a copy of her resume. On January 17, 1995, Ms. Bloodworth was contacted by telephone twice by Mr. Seitz. She faxed to him her resume in response to the request he made during the first conversation. He thereafter called a second time, at approximately 10:15 p.m. and asked whether she could be available for a surveillance the following Sunday (January 22, 1995). In response, Ms. Bloodworth told him that she could be available for that assignment on Sunday. On January 18, 1995, Ms. Bloodworth received another telephone call from Mr. Seitz. He asked if she could be on a surveillance by 11:00 a.m. that day in Hollywood, Florida. Ms. Bloodworth accepted that assignment after Mr. Seitz told her what he wanted her to do, thereby beginning her employment with ISI. Ms. Bloodworth did not meet Mr. Seitz in person until 6:30 p.m. on January 18, 1995. During that first meeting, Ms. Bloodworth gave to Mr. Seitz a copy of her Class "CC" Private Investigator Intern license and was told by him that he was going to fill out her sponsor forms and send them to the Petitioner. Mr. Seitz knew that Ms. Bloodworth was a novice investigator with little field experience, other than process serving. Ms. Bloodworth never actually saw any documentation from Mr. Seitz or ISI regarding forms pertaining to her employment that were required to be submitted to the Petitioner. She never received a copy of a letter notifying Petitioner that either Mr. Seitz or ISI intended to sponsor her. Prior to being employed by ISI, Ms. Bloodworth had held her Class "CC" Private Investigator Intern license for approximately six months and had conducted only two or three surveillances. Ms. Bloodworth received no formal training from ISI. During the course of her employment with ISI, which lasted approximately three months, she conducted approximately 35 investigations. Ms. Bloodworth was not directly supervised by Mr. Seitz or by anyone else while she was in the field conducting her investigations. Prior to undertaking an assignment, Mr. Seitz would explain to her the assignment and generally instruct her as to what she would need to do. He frequently told her to use her "judgment" as she was a "big girl". He told her that he did not have time to "baby-sit" her. Ms. Bloodworth had a cellular telephone at her disposal and she knew Mr. Seitz' pertinent telephone numbers at all times. She was instructed to only call him in the event of an emergency. The only time Mr. Seitz visited Ms. Bloodworth in the field was on one assignment for approximately an hour. That visit was prompted by her needing batteries for a camcorder. During the latter part of her employment with ISI, Ms. Bloodworth was told to contact Michael Graff, the lead investigator for ISI, and not Mr. Seitz. During her employment with ISI, Ms. Bloodworth was assigned to conduct an investigation in Haiti. Prior to being sent to Haiti, Ms. Bloodworth was briefed as to the assignment, which included instructions as to where to go, who to meet, and what to do. Ms. Bloodworth was able to contact ISI personnel by telephone. Petitioner does not regulate investigations outside of the United States. Ms. Bloodworth's official Class "CC" Private Investigator Intern application file as maintained by the Department of State, Division of Licensing, does not contain a notification that ISI or Mr. Seitz intended to sponsor her. This file does not contain any documentation relating to Ms. Bloodworth's hiring by ISI, her termination, or an intern biannual report. Mr. Seitz testified that he submitted to Petitioner a form notifying it that ISI intended to sponsor Ms. Bloodworth. He displayed to Petitioner's investigator a form that he represented was a file copy of the notification form. That form was dated January 13, 1995, which was four days before he first talked to Ms. Bloodworth and five days before he met her in person and received a copy of her license. He was unable to produce any other documentation as to this notification. Mr. Seitz's testimony as to this issue is rejected as lacking credibility. Mr. Seitz admits that ISI did not submit any documentation relating to the termination of Ms. Bloodworth's employment and it did not submit an intern biannual report that would have been due as a result of her employment having been terminated. Mr. Seitz testified that he did not file these reports when Ms. Bloodworth's employment was terminated because she threatened him and he was awaiting the results of a police investigation before filing the reports. 3/
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Petitioner enter a final order containing the findings of fact and conclusions of law contained herein. It is further recommended that Respondents, Investigative Services International, Inc., and Robert C. Seitz, be fined in the total amount of $1,600.00. DONE AND ENTERED this 22nd day of August, 1996, 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 22nd day of August, 1996.
Findings Of Fact Petitioner, Department of State, Division of Licensing, is the licensing authority which has statutory jurisdiction over private investigative and security guard licensees. During times material, Respondent, John L. Troutner held a Class C private investigator's license and a Class "A" private investigative agency license. Respondent John Troutner is the owner of Atlas Private Investigating Agency located at 5466 Springhill Drive, Springhill, Florida. Respondent Pamela L. Troutner, during times material, held a Class "CC" private investigator's intern license and worked for her husband, Respondent John L. Troutner. Neither Respondent held Class "B" or "D" security guard licenses. During October 1988, Michael Friedman hired Atlas Private Investigating Agency (Atlas) to investigate his wife Vickie Friedman, pending their divorce proceeding. As part of their duties, Respondents provided Friedman with home security and guard services. Pam Troutner was posted at the Friedman residence and was told by Mr. Friedman to deny entrance to house guests, specifically Ms. Friedman, without his permission. John Troutner checked in at the Friedman residence on a regular basis and at times, stayed overnight. Between October 25 and November 25, 1988, Respondent employed James McCullough, an unlicensed person, to perform the services of a private investigator without a Class "C" private investigator'S license. McCullough was paid with checks drawn on the account of Atlas which referenced investigative case numbers and he was accompanied by an Atlas investigator, Tommy House, who was engaged to surveil Vickie Friedman on November 23, 1988. During times material, Vickie Friedman and her stepfather, Gerald Townsend, were employed by a local newspaper, the Sun Journal. During November 1988, John Troutner and employees of Atlas harassed Vickie Friedman while they were surveilling Ms. Friedman, by attempting to and successfully getting Mr. Townsend fired from his employment with the Sun Journal and threatened to file suit against the Sun Journal if Ms. Friedman and Mr. Townsend were not fired. Vickie Friedman had a friend who lived across the street from Respondent John Troutner, a Ms. Mary Marconi. Respondent John Troutner instigated Ms. Marconi's eviction as a means of harassment and based on her friendship with Vickie Friedman. Vickie Friedman utilized Ms. Marconi's home, which was near Respondent Troutner's residence, to store property at the Marconi home when she and her husband separated. On May 7, 1987, and May 5, 1988, Respondent John Troutner submitted to Petitioner signed applications for Class A, B, C, E and M licenses without disclosing his previous ownership of the Scuba Den and without divulging his use of an alias, John Delaney. During early 1988 and between October 25 and December 31, 1988, Respondents electronically recorded telephone conversations without the knowledge of or consent of the parties being recorded. Specifically, Respondent, John Troutner, engaged in conversations with Rick Guyette, Don West and several other unidentified people, and their conversations were electronically recorded without their knowledge or consent. Respondent Pamela Troutner engaged in a conversation with Vickie Friedman and this conversation was also recorded without Ms. Friedman's authorization or knowledge. As the owner of Atlas, John Troutner engaged his wife, Pamela Troutner to surveil the Friedman residence. Respondent knew, or should have known that his wife, Pamela Troutner was illegally recording telephone conversations without the knowledge of and consent of such persons.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That Respondents John L. Troutner, Pamela L. Troutner and Atlas Private Investigating Agency, Inc., licenses be suspended for a period of one (1) year. DONE and ENTERED this 31st day of January, 1990, in Tallahassee, Leon County, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904)488-9675 Filed with the Clerk of the Division of Administrative Hearings this 31st day of January, 1990. COPIES FURNISHED: Henri C. Cawthon, Esquire Assistant General Counsel Department of State, Div. of Licensing The Capitol, Mailstation 4 Tallahassee, Florida 32399-0250 Daniel P. Rock, Esquire One East Main Street New Port Richey, Florida 34652 Jim Smith Secretary of State The Capitol Tallahassee, Florida 32399-0250 Ken Rouse, Esquire General Counsel Department of State The Capitol, LL-10 Tallahassee, Florida 32399-0250 =================================================================
The Issue The issue presented for decision herein is whether or not the Respondent's private investigator licenses should be revoked based on conduct, set forth hereinafter in detail contained in an Amended Administrative Complaint filed herein mailed October 11, 1985. Preliminary Statement The Petitioner, Department of State, Division of Licensing, issued an Administrative Complaint to assess an Administrative fine against Respondent Arthur Letourneau, on November 9, 1984. The complaint was amended on March 5, 1985. A second amended complaint was issued on October 11, 1985 seeking revocation of Respondent's license. That complaint is the charging document which is the focus of this hearing. That document alleges as follows: Count I: The Respondent operated a private investigative agency for hire utilizing unlicensed investigators and process servers prior to becoming licensed as a Class "A" agency in violation of Sections 493.319(1)(g) and 493.304(1), Florida Statutes. Count II: The Respondent performed the services of a Private Investigator for hire without a Class "C" license in violation of Section 493.319(1)(g); Count III: Respondent has incurred and has failed to satisfy two judgments for outstanding fees for private investigations which constitute misconduct under Section 493.319(1)(f). The investigations were performed by David Tracy and Anthony Luizzi and judgments and fees are outstanding in the amount of $5,314.44 (Tracy) and $1,731.00 (Luizzi). At the hearing, Respondent's Counsel filed an ore tenus Motion for Continuance of the hearing based on a claimed lack of timely notice to prepare for the hearing. Respondent's Motion was tentatively denied. 1/ Additionally, Respondent's Counsel challenged the constitutionality of Chapter 493, Florida Statutes, alleging, inter alia that the referenced statute violated Respondent's due process in that the statute was overbroad, ambiguous and may involve the prohibition of innocuous activities. Counsel also alleged that the statutes as enacted violated Respondent's First Amendment Right to freedom of speech. Finally, Respondent's counsel averred that conduct proscribed by Section 493.301, F.S. involved conduct which although improper to be engaged in by an unlicensed investigator, is the type conduct considered permissible by attorneys utilizing the services of investigators. The undersigned lacks authority to render determinations of the alleged unconstitutionality of statutes and therefore denied Respondent's Motion to Dismiss based on the alleged unconstitutionality of Chapter 493, Florida Statutes.
Findings Of Fact During times material, the Petitioner, Division of Licensing is the state agency having authority and jurisdiction to license and regulate private investigators and private investigative agencies pursuant to Chapter 493, Florida Statutes. Respondent, Arthur Leteurneau, applied for a Class "C" private investigator's license and a Class "A" private investigative agency's license on April 9, 1984. (Petitioner's Exhibit 2). The applied for licenses were issued to Respondent on September 21, 1984. Respondent holds Class "A" private investigative agency's license No. GA8400007 and Class "C" private investigation's license No. GC0400013, both effective September 21, 1984. Prior to his licensure in Florida, Respondent worked (in Florida) for various attorneys and law offices in Dade and Broward counties. (TR 211-225; Petitioner's Exhibit 1. Respondent performed a variety of services for said attorneys including the photographing of accident scenes, taking sworn witness statements, locating the whereabouts of witnesses and other persons and service of legal process. Additionally, while working for attorney Richard Auerbach, Respondent recruited two other individuals, Anthony Liuzzi and David Tracy to assist him in the performance of investigative work. David Tracy worked with Respondent from January thru September, 1983. (TR 91-95). Respondent gave Tracy specific work assignments such as the taking of witness statements, photographing accident scenes and completing client's interview sheets. At the time Tracy performed the services, he was not licensed as a investigator or as an intern. Tracy worked without a surety bond or insurance. A dispute arose between Respondent and Tracy concerning the payment of fees for Tracy's services. Tracy filed a claim against Respondent in Circuit Court, Broward County, regarding the payment for services and on September 18, 1984, a judgment was entered in his behalf in the amount of $5,314.44 for services rendered. (Petitioner's Exhibit 4, TR 100-103). That judgment was outstanding at the time of this hearing. (TR 107). Anthony Liuzzi began working with Respondent in July, 1883 and continued through September, 1983. At the time Liuzzi was a licensed investigator intern and was working under the sponsorship and insurance of the Intercounty Investigative Agency. (TR 133). Liuzzi, like Tracy, also assisted Respondent in completing work assignments including taking pictures of accident scenes, researching property ownership, interviewing clients and taking witness statements relating to personal injury claims. Like Tracy, Liuzzi also had a dispute with Respondent over fees for his services and filed a claim in Circuit Court for unpaid wages in the amount $1,731.00. Liuzzi received a judgment against Respondent in the amount climbed which was unsatisfied at the time of the hearing herein. (Petitioner's Exhibit 4; TR 138- 139). Prior to his licensure, Respondent spoke to several employees employed by Petitioner concerning the requirements for and his need to obtain an investigator's license in circumstances similar to the arrangements he had with the several lawyers for whom he performed investigative work. Excluding employee Pam Pingree, Respondent was advised (by Petitioner's staff) that he was not required to be licensed by Petitioner. Ms. Pingree advised Respondent that although it was not required that he be licensed, inasmuch as he was eligible for licensure and to remove any cloud concerning the need for him to be licensed, he should apply for and obtain a license. Respondent first spoke to Petitioner's employee Seymour Klosky on August 20, 1980. During the meeting with Klosky, Respondent also net with John Bianco, an investigator employed by Petitioner. Respondent later met with Harvey Matthews, also an employee of Petitioner, who related that what he was doing was permissible based on Respondent's detailed description of the manner in which he conducted assignments for the various attorneys. Respondent met with Matthews on October 8, 1983 and on February 9, 1984. TR 207-208. During the February 9, 1984 meeting with Matthews, Respondent requested a meeting with Pam Pingree who advised him of Petitioner's policy with respect to the need for licensure to engage in the type work that he was performing for attorneys. Ms. Pingree related that it "wasn't the policy of the Department to prosecute people if they have the qualification [Respondent] had, why don't he [Respondent] get a license." (TR 208). Respondent agreed to, and in fact applied for licenses, as indicated, on April 9, 1984. Respondent's application for licensure was investigated by Petitioner's employee Richard Chauncy. Respondent was investigated by investigator Chauncy on April 10, 1984. During the investigation, Respondent offered his experiences with law firms in Dade and Broward Counties as examples of the investigative experience he had. Additionally, Respondent listed his experience as a Deputy Sheriff with the Cook County Sheriff's office in Chicago, Illinois. Respondent was employed by the Cook County Sheriff's office from December 1970 thru July, 1979 as a Deputy Sheriff. Respondent also served as a private investigator in Chicago from the period June, 1970 to October, 1981 as a self employed private investigator on a part time basis. Petitioner was well aware of the fact that Respondent conducted private investigative work for various law firms in the Miami area during a period in which he was not licensed as a private investigator or licensed to conduct a private investigative agency. (Petitioner's Exhibit 1) Additionally, Petitioner was aware that Anthony Liuzzi and David Tracy had filed complaints against Respondent based on the dispute for unpaid wages which is the subject of the amended administrative complaint filed herein. (Petitioner's Exhibit 1, Page 3, Section v.) Additionally, Liuzzi had filed with Respondent at least three complaint letters which were the subject of investigation by Petitioner, prior to the time Respondent filed his application for licensure. (Respondent's Exhibits 1, 3 and 4). The judgments, which are the subject of the amended administrative complaint, were entered shortly (three days) prior to Respondent's licensure. The operative facts forming the basis for the issuance of the judgments involve the disputed wage claims of Anthony Liuzzi and David Tracy. Respondent was qualified to hold a private investigative and private investigator's agency license based on the experience requirements set forth in Section 493.306(4), Florida Statutes (1985). Petitioner's policy is to "take disciplinary action against an applicant who performs investigative services without a license, generally in the form of an administrative fine, and at the same time grant an otherwise qualified person a license." (TR 26-28, Testimony of Petitioner's Division Director, Shelley Bradshaw). All of the work performed by Respondent, which is the basis of the complaint filed herein, was work performed prior to Respondent's licensure either as a private investigator or a private investigative agency.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the Amended Administrative Complaint filed herein be DISMISSED with prejudice. RECOMMENDED this 15th day of December, 1986, in Tallahassee Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 15th day of December, 1986.
The Issue The issue in this case is whether Petitioner Gilbert Hevia's application for a Class "C" private investigator's license should be granted.
Findings Of Fact Based upon the oral and documentary evidence adduced at the final hearing and the entire record in this proceeding, the following findings of fact are made: On November 18, 1993, Petitioner submitted an application dated October 18, 1993, to the Department for a Class "C" private investigator's license. Paragraph 8 of the application directed the applicant to list the sponsor and time period for any internship he had completed. Petitioner listed an internship under the sponsorship of Carlos A. Fernandez for the period from March 15, 1991 through September 17, 1993. In a letter dated February 24, 1994, Cindi Merritt, a Service Representative for the Department's Bureau of License Issuance, advised Petitioner that the Department was investigating his experience for the Class "C" license. The letter confirmed that the Petitioner was entitled to two months credit for investigative experience under the sponsorship of Mr. Rolando Baldomero of Tri-Star Security Systems, Inc. ("Tri-Star") from June 10, 1991 through August 1991. The record in this proceeding does not reveal how the Department became aware of Petitioner's experience with Mr. Baldomero since that internship is not listed on Petitioner's application. Apparently, Petitioner presented some supplemental information to the Department to be considered. However, it is not clear when or how such information was presented. At the hearing, the Department agreed that Petitioner was entitled to two months credit for his internship with Tri-Star. The February 24, 1994 letter states that the Department's service representative "asked Mr. Carlos A. Fernandez (who sponsored you after Mr. Baldomero) to complete the completion/termination of Sponsorship Form. Mr. Fernandez sent the completed form back on February 22, 1994. He indicated that he could not supply your dates of employment because he no longer had your records. He also stated 90 percent of your job duties entailed office work and that you did not successfully complete your internship with him." As set forth in the Preliminary Statement above, counsel for the parties apparently discussed and agreed prior to the commencement of the hearing in this matter that the sole issue to be resolved in this case was whether Petitioner's employment with Mr. Fernandez's company, CAF Associates, Inc. ("CAF"), qualified as lawfully gained investigative experience for purposes of Section 493.6203, Florida Statutes. Mr. Fernandez testified at the hearing and claimed that Petitioner's job duties with his company were mainly clerical and only 10 percent of Petitioner's work was investigative in nature. This contention is rejected as not credible. Mr. Fernandez has apparently decided to try to thwart Petitioner's effort to obtain his own license. The more persuasive evidence established that, from at least March of 1992 through September of 1993, Petitioner was intricately involved in all aspects of the operations of CAF, which is a private investigative agency. At some point during this time period, Petitioner was made President of the company. Respondent worked 45-60 hours a week for CAF. He did field work on his own and with subcontractors of the company. He was also actively involved in the administration of the business, but he only spent 5-15 hours per week on administrative duties. In sum, the evidence conclusively established that Petitioner had qualifying experience under Mr. Fernandez for at least eighteen (18) months from March of 1992 through September of 1993. It appears that Petitioner actually began working for Mr. Fernandez prior to March of 1992, but the exact date his employment began has not been established in this proceeding. Furthermore, it is not clear that Petitioner's job duties prior to March of 1992 would qualify as experience for purposes of Section 493.6203, Florida Statutes. As noted above, there is no dispute that Petitioner obtained two (2) months of qualifying experience with Tri-Star Security from June of 1991 through August of 1991. The evidence also conclusively established that Petitioner obtained qualifying experience with CAF from March, 1992 through September 1993. The evidence was not conclusive as to Petitioner's activities from August 1991 through March 1992. Thus, the evidence presented only established that Petitioner had twenty (20) months of qualifying experience. At the hearing, Petitioner claimed that he had several other forms of experience that qualified for credit under Section 493.6023(4), Florida Statutes. Specifically, Petitioner contended that he had successfully completed some college coursework in criminal justice and had also completed some law enforcement training. These items are not listed on his application. Petitioner testified that he completed two semesters of college work in "pre-law." No evidence was presented as to the specific courses taken, how many hours were completed or how such coursework should be translated into credit for purposes of the experience requirement of the statute. Subsequent to the hearing, Petitioner submitted certain additional information which he contends supports his claim to experience arising from matters not previously considered by the Department. As discussed in more detail below, the evidence presented was not sufficient to reach a conclusion as to the amount of credit, if any, which should be afforded to Petitioner for these matters. However, in view of the confusion arising from the stipulation as to the scope of the hearing, these matters should be reviewed and considered by the Department prior to the entry of a Final Order in this case. With his post-hearing submittal, Petitioner filed a Certificate of Completion awarded to him by the Southeast Florida Institute of Criminal Justice/Miami-Dade Community College. This information was apparently not provided to the Department when it initially reviewed Petitioner's application. The certificate indicates that Petitioner completed a course for "State Certified Security Training for "D" License" on September 13, 1990. Petitioner contends that this certificate evidences completion by Petitioner of "college coursework related to criminal justice, criminology, or law enforcement administration" or "law enforcement-related training received from any federal, state, county, or municipal agency" as described in Section 493.6203(4), Florida Statutes. The Department has not commented on whether this program can qualify under the statute. The evidence presented in this case was insufficient to conclude how much, if any, credit should be given to Petitioner for the completion of the training for the class "D" license. During the hearing, Petitioner claimed that his work experience while a member of the United States Marine Corps should also be considered towards the experience necessary for licensing. The evidence established that Petitioner was stationed in the Persian Gulf from approximately November 1990, through April 1991. During that period, he was assigned to an intelligence officer who was responsible for investigations and hearings in a wide variety of matters. Petitioner claims his job duties included investigation and quasi-law enforcement duties. Petitioner did not list his military experience on his application. Section VI of the Class "C" license application states that "if military experience is to be used towards satisfaction of the experience requirement . . ., a copy of [the Respondent's] DD 214 must be provided with the application." The required form has not been provided so Petitioner's military experience has not been verified. The Department contends that Petitioner deliberately submitted a misleading application that claimed he was employed by CAF from March 1991 through September 1993. The evidence presented in this case is insufficient to reach such a conclusion. There is obviously some confusion as to when Petitioner actually began working for CAF. This confusion has been exacerbated by Mr. Fernandez's claim that Petitioner's employment records have been lost. The more persuasive evidence in this case established that Mr. Fernandez has sought to keep Petitioner from obtaining a license. Petitioner apparently thought there was little doubt that he met the experience requirement. His application failed to list several matters that could potentially be credited towards the total experience needed for licensure. The evidence in this case, however, is insufficient to conclude that the twenty- four (24) month total has been met.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that Petitioner has gained eighteen (18) months of verifiable full-time experience or training as a result of his employment with CAF and two (2) months as a result of his employment with Tri-Star. Petitioner should be afforded an opportunity to produce additional evidence within sixty (60) days to establish that he has met the remaining four (4) months experience requirement. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 7th day of December 1994. J. STEPHEN MENTON 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 7th day of December 1994. APPENDIX TO RECOMMENDED ORDER Both parties have submitted Proposed Recommended Orders. The following constitutes my rulings on the proposed findings of fact submitted by the parties. Petitioner's Proposed Findings of Fact. Addressed in the preliminary statement and in Findings of fact five (5). Rejected as unnecessary. The evidence did not establish that Mr. Fernandez was a formal sponsor pursuant to Section 493.6116. Rejected as argumentative. Adopted in substance in Findings of Fact five (5), six (6) and seven (7). (7). Adopted in substance in Findings of Fact five (5), six (6) and seven Rejected as unnecessary. Adopted in substance in Findings of Fact seven (7). Addressed in the Preliminary Statement and in Findings of Fact eleven (11). Subordinate to Findings of Fact twelve (12). Subordinate to Findings of Fact thirteen (13). Respondent's Proposed Findings of Fact. 1-2. Adopted in substance in the Preliminary Statement. Adopted in substance in the Preliminary Statement. Adopted in substance in Findings of Fact one (1) and two (2). Subordinate to Findings of Fact two (2) and fourteen (14). Adopted in substance in Findings of Fact thirteen (13). Subordinate to Findings of Fact five (5), six (6), and seven (7). Adopted in substance in Findings of Fact three (3) and seven (7). COPIES FURNISHED: Richard R. Whidden, Jr., Esquire Assistant General Counsel Department of State/Division of Licensing The Capitol, MS #4 Tallahassee, Florida 32399-0250 J. James Donnellan, III, Esquire 1900 Brickell Avenue Miami, Florida 33129 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
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 The primary issue presented at the hearing in this case is whether the Petitioner has the requisite experience as an investigator. From 1973 through January, 1977, the Petitioner was employed on a full-time basis with the Dade County Department of Human Resources. Although a small portion of his work with Dade County was investigative in nature, his role was primarily as a counselor or social worker. During the same time the Petitioner worked on a part-time basis with the Minorities Contractors Association. In this capacity he did credit checks and background checks on individuals who were seeking loans from the corporation. During this same period the Petitioner worked on a part-time basis with attorneys. He worked as an investigator, observing accident scenes, taking photographs, getting statements from potential witnesses, and other general investigative work. The Petitioner has worked in these part-time capacities for more than three years. The investigative work would amount to approximately 18 months of full-time experience as an investigator. The Petitioner has been arrested approximately 7 or 8 times. The most serious arrest was in 1963 for Contributing to the Delinquency of a Minor. This conviction was not reflected on the Petitioner's application. It does not appear that the Petitioner's civil rights have been taken from him, and it does appear that he has not been arrested for a period of in excess of five years. It appears that, except for his lack of experience, the Petitioner is qualified for licensure as a private investigative agency.
