CARSWELL INVESTIGATIONS, DEXTER B. CARSWELL, OWNER, APPELLANT,
v.
DEPARTMENT OF STATE, DIVISION OF LICENSING, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Carswell Investigations appealed an administrative order suspending its private investigator license, revoking its firearms license, and imposing a fine. The court reversed violations for carrying an unauthorized weapon, violating Georgia law, and impersonating a law enforcement officer, but affirmed the violation for failing to notify the Department of corporate officers, and remanded for reconsideration of the penalty.
The court reversed findings that Carswell violated sections 493.6115, 493.6118(l)(t), and 493.6118(l)(k) because the improprieties did not occur in the course of regulated conduct. The court reversed the impersonation violation because Carswell truthfully identified himself as a Florida-licensed private investigator. The court affirmed the violation of section 493.6112(1) for failing to notify the Department of corporate officer additions.
[1] A licensee cannot be found in violation of statutes requiring conduct within the course of regulated activity if the alleged improprieties did not occur in the course of…
[2] A finding of impersonating a law enforcement officer is not supported when an individual, while displaying identification and a badge, truthfully identifies themselves as…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The Department concedes on appeal that appellant could not be found guilty under these statutory provisions because the facts, as found by the administrative law judge, established that the improprieties alleged did not occur in the course of appellant's private investigative services or any other activity regulated by the Department.”
Establishes that violations must occur in the course of regulated activity to be properly charged.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCarswell Investigations, owned by Dexter B. Carswell, was found to have carried an unauthorized weapon, shown identification with an official-looking …
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PER CURIAM.
This is an appeal from a final order of the Department of State, Division of Licensing suspending appellant’s Class “C” private investigator’s license, revoking his Class “G” statewide firearms license, and imposing a $1,350 administrative fine. We reverse in part and remand for further proceedings.
We reverse the final order to the extent that it found that Carswell violated Florida Statutes sections 493.6115 and 493.6118(l)(t) for carrying an unauthorized weapon in the course of regulated conduct and section 493.6118(l)(k) for knowingly violating a Georgia statute in the course of activity regulated by chapter 493. The Department concedes on appeal that appellant could not be found guilty under these statutory provisions because the facts, as found by the administrative law judge, established that the improprieties alleged did not occur in the course of appellant’s private investigative services or any other activity regulated by the Department. We reverse the finding that appellant violated section 493.6118(1)(i), impersonating a law enforcement officer, since appellant, upon showing Georgia law enforcement officers his identification, which included an “official” looking badge, truthfully told them that he was a licensed private investigator in the State of Florida. Lastly, we affirm the finding that appellant failed to notify the Department of, and submit applications for, the addition of four corporate officers to his business, Carswell Investigations, Inc., as required by section 493.6112(1).
We remand this cause so that the Department may re-evaluate the case and impose an appropriate penalty for the single count which we have affirmed.
REVERSED IN PART, AFFIRMED IN PART and REMANDED.
FARMER, KLEIN and STEVENSON, JJ., concur.