Mark Feegel, who is Co-president of FAPI and a licensed Private Investigator since 1993, along with Chuck Chambers, said, “This is exactly the type of activity FAPI tries to prevent,” says Mark Feegel, “with peer group education, annual seminars and familiarity with licensing statutes”. Feegel is referring to Florida Department of Agriculture and Consumer Services Chapter 493, which governs and licenses private investigators in Florida. “The chapter clearly states that someone possessing a Class C Private Investigators License – as did James D. Hoover, the subject of the deposition on March 25th, must be employed by a licensed Class A Private Investigation Agency. It is clear from the deposition that Hoover, with only a Class C, was sub-contracting his services to several Class A Licensees, namely D&A Investigations, owned by Dominic Casey, and Class Action Detective Agency, owned by Alan Buchanan”.
In Hoover’s deposition, he testified that he performed investigative work for both agencies and unless D&A was subcontracting work to Class Action, or unless Hoover was an employee (not subcontractor) of Class Action and subsequently D&A, Hoover and both agencies allegedly violated the law. “The 493 Chapter is very clear on this point,” says Chambers, who has been licensed as private investigator since 1982, “Class C licensees may not engage in investigative services except through a licensed Class A agency. Moreover, Class C licensees are prohibited from subcontracting, which, according to the sworn testimony of Hoover, is what he has been doing for years”. Chambers explained, “Florida Statutes dictates that Class A agencies may sub-contract work to another Class A agency for assistance, but Class C Private investigators are statutorily prohibited from doing so on their own”.
Chambers said fully licensed and legally operating PIs in FAPI “are always running across unlicensed activity, including those who possess neither a Class C nor a Class A license and there is little we can do but report it to the Division of Licensing.”
Apparently even if caught, there isn’t much of penalty for not being licensed and the type of activity testified to in Hoover’s deposition could only result in one or more of the following actions from the Division of Licensing, “Issue a reprimand; deny an application for issuance of a license; impose an administrative fine not to exceed $1000; or, place the licensee on probation”. “Given the training and experience required to get a license in Florida”, said Roger Gibson, a retired U.S. Marshal and private investigator in Miami since 1977, “and given the potential harm to the constituents in Florida, there should be a significant fine and it should also be a serious criminal offense to blatantly act as a PI without proper licensing.“
Feegel and Chambers concede it is a serious problem but said FAPI is working with a few State Representatives and Senators to try to get changes made to the licensing statute. Until then, it is a shame to have this type of embarrassing activity on a high-profile tragedy such as the Caylee Anthony case. There are many experienced, qualified, licensed and insured PIs available via the FAPI website where the public can search for a local and properly licensed PI. Many have extensive working knowledge of criminal investigations, missing children and abuse cases as well as corporate and financial fraud investigations. It is also imperative the public know the Florida Division of Licensing provides individual and agency licensing information available on their web site. A business or individual who ends up hiring a private investigator who is not properly licensed may find themselves in a predicament if the investigation leads to a court action. “The credibility of the private investigator and, indeed, the actual investigation he conducted, may be called into question,” said Feegel, “leading to disastrous results for the client”.
Harvey E. Morse, the founder of FAPI, a licensee since 1975 and former Chair of the State’s Advisory Council agrees. He said, “We work hard to maintain our integrity and investigative skills. The statutory language is clear. Violating the statute subjects the client to having testimony by an improperly licensed PI simply thrown out. People, who circumvent the law for personal gain, do so at their own risk. Our State Association polices the industry by reporting unlawful activity, and we are proud that our members’ license status is verified before accepting them into our organization”.
Neither of the Anthony PIs are members of FAPI.
Source Files and Contacts for further background.
1. Florida Statutes, Chapter 493
http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0493/PART01.HTM
2. Hammond Opinion Letter, 1982: http://myfloridalegal.com/ago.nsf/Opinions/C724F68AEFBFF071852565850068EF97
3. FAPI Website: http://www.myfapi.org
4. Hoover Depo Draft: http://www.cfnews13.com/uploadedFiles/Stories/Local/Hoover%20Deposition.pdf
5. Additional Private Investigators:
Roger Gibson Gregory Caldwell
South Area Director, FAPI Legislative Chair, FAPI
Roger P. Gibson, Inc. White Hat Solutions, LLC
Coral Gables, Florida 33134 Lakewood Ranch, FL
305-856-9431 941-751-4500
