00-001600RX Ronald A. Grimaldi vs. Florida State Boxing Commission
 Status: Closed
DOAH Final Order on Thursday, February 15, 2001.


View Dockets  
Summary: Rule 61K-1.0011(3)(c), Florida Administrative Code, is valid but Rule 61K1-1.0011(3)(g), Florida Administrative Code, extends and enlarges upon Respondent`s rulemaking authority.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8RONALD A. GRIMALDI, )

12)

13Petitioner, )

15)

16vs. ) Case No. 00-1600RX

21)

22FLORIDA STATE BOXING )

26COMMISSION, )

28)

29Respondent, )

31)

32and )

34)

35DANNY SANTIAGO, )

38)

39Intervenor. )

41______________________________)

42FINAL ORDER

44This case came on for consideration based on the parties'

54agreement to proceed upon a record presented without a hearing,

64before the Division of Administrative Hearings, by its

72Administrative Law Judge, Suzanne F. Hood.

78APPEARANCES

79For Petitioner: William M. Powell, Esquire

85Powell & Steinburg, P.A.

89Waterside Plaza

913515 Del Prado Boulevard, Suite 101

97Cape Coral, Florida 33904

101For Respondent: Thomas G. Thomas, Esquire

107Department of Business and

111Professional Regulation

1131940 North Monroe Street

117Tallahassee, Florida 32399-2202

120For Intervenor: Bruce A. Minnick, Esquire

126Bruce A. Minnick, P.A.

130Post Office Drawer 15588

134Tallahassee, Florida 32317-5588

137STATEMENT OF THE ISSUE

141The issue is whether Rules 61K1-1.0011(3)(c) and 61K1-

1491.0011(3)(g), Florida Administrative Code, and a portion of Form

158BPR-08-451 (currently Form BPR-0009451), which is incorporated

165therein by reference, constitute an invalid exercise of

173delegated legislative authority.

176PRELIMINARY STATEMENT

178On or about April 12, 2000, Petitioner Ronald A. Grimaldi

188(Petitioner) filed a Petition with the Division of

196Administrative Hearings pursuant to Sections 120.56(1) and

203120.56(3), Florida Statutes. Said petition alleged that Rules

21161K1-1.0011(3)(c) and 61K1-1.0011(3)(g), Florida Administrative

216Code, and a portion of Form BPR-0009451, which is incorporated

226by reference therein, constitute an invalid exercise of

234delegated legislative authority.

237A Notice of Hearing dated April 20, 2000, scheduled the

247case for final hearing on May 15, 2000. However, Respondent

257Florida State Boxing Commission (Respondent) filed an unopposed

265Motion to Continue on May 3, 2000. By order dated May 4, 2000,

278the motion was granted and the hearing rescheduled for June 20,

2892000.

290On April 26, 2000, Intervenor Danny Santiago (Intervenor)

298filed a Petition for Leave to Intervene. An order granting the

309Petition for Leave to Intervene was issued May 9, 2000.

319On May 18, 2000, Petitione r filed a Motion to Reconsider.

330Said motion requested the undersigned to reconsider the order

339granting Intervenor's Petition for Leave to Intervene.

346Petitioner alleged that he had not had an opportunity to respond

357to the Petition for Leave to Intervene due to a lack of notice.

370The undersigned granted this motion by order dated May 23, 2000.

381On May 15, 2000, Intervenor filed a Motion for Continuance

391and Rescheduling of Hearing. On May 22, 2000, Petitioner filed

401a response in opposition to this motion.

408On May 30, 2000, Intervenor filed and served on all parties

419a Petition for Leave to Intervene.

425On June 13, 2000, the undersigned issued two orders. The

435first order granted Intervenor's Petition for Leave to

443Intervene. The second order granted Intervenor's request for a

452continuance and placed the case in abeyance. On June 15, 2000,

463Petitioner filed a response stating that he had no objection to

474Intervenor's request for a continuance and for leave to

483intervene.

484On July 13, 2000, the undersigned issued a Third Notice of

495Hearing. This notice scheduled the case for hearing on

504August 16, 2000.

507On July 24, Petitioner filed a Motion to Compel Answers to

518Interrogatories. This motion sought sanctions against

524Respondent.

525On August 8, 2000, Respondent filed an unopposed Motion to

535Continue. That same day, Respondent also filed a Response to

545Petitioner's Motion to Compel and for Sanctions. By order dated

555August 10, 2000, the undersigned granted a continuance and

564rescheduled the hearing for November 1, 2000.

571On October 31, 2000, Respondent filed a Motion to Continue

581and to Hold in Abeyance. The motion stated that Petitioner and

592Intervenor concurred in the request for a continuance. The

601undersigned granted the motion and placed the case in abeyance

611by order dated November 2, 2000.

617On November 3, 2000, Intervenor filed a Notice of Objection

627to any Abeyance and Motion to Amend Order Accordingly. An order

638dated November 22, 2000, denied this motion.

645On November 27, 2000, Petitioner filed an Emergency Motion

654to Quash Subpoena and Notice of Taking Depositions. After

663hearing oral argument in a telephone conference on November 28,

6732000, the undersigned granted the motion.

679On December 18, 2000, Petitioner and Respondent filed a

688Status Report and Joint Motion for Final Order. On December 20,

6992000, Intervenor filed Objections and Request for Final

707Evidentiary Hearing. In a telephone conference on December 21,

7162000, the parties agreed to proceed upon a record presented

726without hearing.

728On January 22, 2001, Petitioner filed the following:

736(1) deposition testimony of Louis Grimaldi and John Cristian

745Meffert; (2) Copies of Sections 120.52 and 548.01-548.09,

753Florida Statutes; (3) Department of Business and Professional

761Regulation Form BPR-0009451; (4) Rule 61K1-1.011, Florida

768Administrative Code; (5) Affidavit of Ronald A. Grimaldi dated

777January 16, 2001; (6) Memorandum of Law; and (7) proposed Final

788Order.

789On January 22, 2001, Respondent filed a Memorandum of Law.

799On January 25, 2001, Intervenor filed the following:

807(1) Proposed Findings of Fact and Conclusions of Law; (2) nine

818documents in support of Intervenor's Proposed Final Order; and

827(3) transcribed excerpt of Respondent's meeting on December 6,

8362000.

837On January 29, 2001, Petitioner filed a Motion to Strike

847Intervenor's Proposed Documents in Support of Memorandum of Law

856and Proposed Final Judgement. Intervenor filed a response in

865opposition to this motion on January 31, 2001. The motion is

876hereby granted as to the Stipulation dated October 31, 2000, and

887signed by Petitioner and Respondent and as to the Joint Proposed

898Order offered by Petitioner and Respondent to settle this case.

908The motion is denied in all other respects.

916On February 1, 2001, Intervenor filed copies of Sections

925548.001-548.079, Florida Statutes (1997).

929FINDINGS OF FACT

9321. Respondent, formerly known as the Florida State

940Athletic Commission, licensed Petitioner as a manager of

948participants in boxing matches effective September 5, 1997.

9562. On or about September 17, 1997, Petitioner and

965Intervenor entered into a contract for Petitioner to be

974Intervenor's manager and for Intervenor to render services for

983Petitioner in professional boxing contests.

9883. Petitioner did not file a copy of this contract with

999Respondent within seven days of its execution.

10064. Petitioner and Intervenor had a disagreement after

1014several fights regarding their respective rights and duties

1022under the contract.

10255. On or about April 26, 1999, Intervenor filed a

1035Complaint for Declaratory Relief and Permanent Injunction in the

1044Circuit Court, Fifth Judicial Circuit, in and for Marion County,

1054Florida, Case No. 99-781-CA-D. Among other things, Intervenor

1062requested the court to declare the September 17, 1997, contract

1072to be null and void for two reasons: (a) because Petitioner had

1084not filed it with Respondent within seven days of its execution

1095as required by Rule 61K1-1.011(3)(c), Florida Administrative

1102Code; and (b) because the contract did not contain all

1112provisions specifically set forth in Respondent's Form BPR-

11200009451, entitled Letter of Agreement Between Participant and

1128Manager, as required by Rule 61K1-1.0011(3)(g), Florida

1135Administrative Code.

11376. Petitioner filed a counter-claim in Marion County

1145Circuit Court Case No. 99-78-CA-D, bringing Respondent in as a

1155party. Petitioner's counter-claim alleged that there was no

1163legislative authority for an administrative rule to declare a

1172contract between a manager and a boxer void. As of December 6,

11842000, the civil suit was in abeyance pending issuance of the

1195final order in the instant case.

12017. On April 5, 2000, Respondent issued a Notice to Show

1212Cause directed to Petitioner. Said notice alleged that

1220Petitioner as a manager had entered into a contract with

1230Intervenor, a licensed boxer, and that Petitioner had not filed

1240the contract with Respondent. The Notice to Show Cause

1249referenced Rules 61K1-1.011(3)(c) and 61K1-1.011(3)(g), Florida

1255Administrative Code.

12578. Petitioner filed this rule challenge proceeding on

1265April 11, 2000. Petitioner seeks a determination that Rules

127461K1-1.011(3)(c) and 61K1-1.011(3)(g), Florida Administrative

1279Code, including a portion of Form BPR-0009451, constitute an

1288invalid exercise of delegated legislative authority to the

1296extent they purport to automatically void a contract if the

1306manager is not licensed when the contract is executed or if the

1318manager fails to file a copy of the contract with Respondent

1329within seven days of the execution date.

13369. Rules 61K1-1.0011(3), Florida Administrative Code,

1342states as follows in pertinent part:

1348(3) Contracts Between Manager and

1353Participant.

1354* * *

1357(c) All contracts shall be in writing and

1365shall be filed with the commission within 7

1373calendar days of execution . . . .

1381* * *

1384(g) All contracts entered into in Florida

1391between a manager and a participant, and all

1399such contracts entered into outside of

1405Florida involving participants and managers

1410licensed by or subsequently licensed by the

1417commission, shall expressly contain all

1422provisions specifically as worded in Form

1428BPR-0009451, entitled Letter of Agreement

1433Between Participant and Manager,

1437incorporated herein by reference and

1442effective May, 1990, and if they do not,

1450shall be deemed to contain such provisions.

145710. The specific language in Form BPR-0009451 that

1465Petitioner objects to is:

1469This contract is automatically void if

1475manager is not licensed on the date this

1483contract is signed or fails to file with the

1492Florida State Athletic Commission, a copy of

1499this contract within 7 calendar days of its

1507execution.

1508CONCLUSIONS OF LAW

151111. The Division of Administrative Hear ings has

1519jurisdiction over the parties and the subject matter of this

1529proceeding. Sections 120.56(1) and 120.56(3), Florida Statutes.

153612. Section 120.56(1), Florida Statutes, provides that

"1543[a]ny person substantially affected by a rule may seek an

1553administrative determination of the invalidity of the rule on

1562the ground that the rule is an invalid exercise of delegated

1573legislative authority." Pursuant to Section 120.56(3)(a), "[a]

1580substantially affected person may seek an administrative

1587determination of the invalidity of an existing rule at any time

1598during the existence of the rule." In this case, Petitioner and

1609Intervenor are substantially affected by the rules at issue

1618because they are parties to a contract that is or is not void,

1631depending on the validity of the rules.

163813. The burden of proof, absent a statutory directive to

1648the contrary, is on the party asserting the affirmative of the

1659issue in a Chapter 120, Florida Statutes, proceeding. See

1668Florida Dep’t of Transp. v. J.W.C. Co., Inc. , 396 So. 2d 778,

1680788 (Fla. 1st DCA 1981); see also Department of Banking and

1691Finance v. Osborne Stern and Co. , 670 So. 2d 932, 934 (Fla.

17031996)("The general rule is that a party asserting the

1713affirmative of the issue has the burden of presenting evidence

1723as to that issue.")

172814. Because Petitioner is asserting that existing Rules

173661K1-1.0011(3)(c) and 61K1-1.0011(3)(g), Florida Administrative

1741Code, and a portion of Form BPR-0009-451 incorporated therein,

1750constitute an invalid exercise of delegated legislative

1757authority, he has the burden of proving the invalidity of the

1768challenged rules. See St. Johns River Water Management Dist. v.

1778Consolidated-Tomoka Land Co. , 717 So. 2d 72, 76-77 (Fla. 1st DCA

17891998).

179015. In accordance with Petitioner's challenge, Section

1797120.52(8), Florida Statutes, states as follows:

1803(8) "Invalid exercise of delegated

1808legislative authority" means an action which

1814goes beyond the powers, functions, and

1820duties delegated by the Legislature. A

1826proposed or existing rule constitutes an

1832invalid exercise of delegated legislative

1837authority if any one of the following

1844applies:

1845* * *

1848(b) The agency has exceeded its grant of

1856rulemaking authority;

1858(c) The rule enlarges, modifies, or

1864contravenes the specific provision of law

1870implemented;

1871* * *

1874(e) The rule is arbitrary or capricious;

1881* * *

1884A grant of rulemaking authority is necessary

1891but not sufficient to allow an agency to

1899adopt a rule; a specific law to be

1907implemented is also required. An agency may

1914adopt only rules that implement, interpret

1920or make specific the particular powers and

1927duties granted by the enabling statute. No

1934agency shall have authority to adopt a rule

1942only because it is reasonably related to the

1950purpose of the enabling legislation and is

1957not arbitrary and capricious, nor shall an

1964agency have the authority to implement

1970statutory provisions setting forth general

1975legislative intent or policy. Statutory

1980language granting rulemaking authority or

1985generally describing the powers and

1990functions of an agency shall be construed to

1998extend no further than the particular powers

2005and duties conferred by the same statute.

2012Section 120.536(1), Florida Statutes, repeats verbatim the above

2020quoted language that discusses an agency's rulemaking authority.

202816. As identified in the challenged rules , Section

2036548.003(2), Florida Statutes, sets forth Respondent's specific

2043rulemaking authority as follows:

2047The Florida State Boxing Commission, as

2053created by subsection (1), shall administer

2059the provision of the chapter. The

2065commission has authority to adopt rules

2071pursuant to ss. 120.536(1) and 120.54 to

2078implement the provisions of this chapter and

2085to implement each of the duties and

2092responsibilities conferred upon the

2096commission, including, but not limited to:

2102development of an ethical code of conduct

2109for commissioners, commission staff, and

2114commission officials, procedures for

2118hearings and resolution of disputes;

2123qualifications for appointment of referees

2128and judges; and setting fee and

2134reimbursement of schedules for officials

2139appointed by the commission.

214317. Section 548.006, Florida Statutes, states as follows:

2151The commission has exclusive jurisdiction

2156over every match held within the state which

2164involves a professional. Matches shall be

2170held in accordance with this chapter and the

2178rules adopted by the commission.

218318. Section 548.011, Florida Statutes, provides as

2190follows:

2191The commission has exclusive jurisdiction to

2197issue, withhold, suspend, or revoke any

2203license or permit provided for in this

2210chapter.

221119. Section 548.017, Florida Statutes, states as follows:

2219(1) A professional participant, manager,

2224trainer, second, timekeeper, referee, judge,

2229announcer, physician, matchmaker, or booking

2234agent or representative of a booking agent

2241shall be licensed before directly or

2247indirectly acting in such capacity in

2253connection with any match involving a

2259professional.

2260(2) A violation of this section is a

2268misdemeanor of the second degree, punishable

2274as provided in s. 775.082 or 775.083.

228120. As to control over the content of contracts between

2291managers and participants, Respondent is charged with

2298implementing Section 548.05, Florida Statutes, which provides as

2306follows:

2307(1) The commission shall adopt rules

2313governing the form and content of contracts

2320between promoters, foreign co-promoters, and

2325professionals. All such contracts shall be

2331in writing.

2333(2) Each contract between an manager and a

2341professional shall contain provisions

2345governing its duration, division of the

2351professional's purses, and any minimum sum

2357guaranteed annually to the professional by

2363the manager. Each contract shall provide

2369that it is automatically terminated if the

2376license of either party is revoked by the

2384commission or if the manager fails to renew

2392her or his license within 30 days after its

2401expiration date. If the license of either

2408party is suspended, the contract is not

2415binding upon the other party during the

2422period of suspension.

2425(3) The commission may require that each

2432contract contain language authorizing the

2437Florida State Boxing Commission to withhold

2443any or all of any manager's share of a purse

2453in the event of a contractual dispute as to

2462entitlement to any portion of a purse. The

2470commission may establish rules governing the

2476manner of resolution of such dispute. In

2483addition, if the commission deems it

2489appropriate, the commission is hereby

2494authorized to implead interested parties

2499over any disputed funds into the appropriate

2506circuit court for resolution of the dispute

2513prior to release of all or any part of the

2523funds.

2524(4) Each contract subject to this section

2531shall contain the following clause: "This

2537agreement is subject to the provisions of

2544chapter 548, Florida Statutes, and to the

2551rules of the Florida State Boxing Commission

2558and to any future amendments of either."

256521. Section 548.071(1), Florida Statutes, gives Respondent

2572authority to revoke or suspend a license upon a finding that the

2584licensee is guilty of violating Chapter 548, Florida Statutes, or

2594Respondent's rules. Respondent may impose an administrative fine

2602on licensees pursuant to Section 548.075, Florida Statutes.

261022. In this case, Respondent has not exceeded or enlarged

2620upon its rulemaking authority as to Rule 61K1-1.0011(3)(c),

2628Florida Administrative Code. In Section 548.05, Florida Statutes,

2636the Legislature specified that every contract must contain certain

2645provisions. Respondent has the responsibility to enforce those

2653provisions. Sections 548.003(2) and 548.05, Florida Statutes. In

2661order for Respondent to fulfill its responsibility, the contracts

2670must be filed within a reasonable time after execution.

2679Respondent's rule requiring the contracts to be filed within seven

2689days of execution is reasonable and not arbitrary or capricious.

269923. Rule 61K1-1.0011(3)(c), Florida Administrative Code,

2705does not specify which of the parties to the contract is obligated

2717to file the contract with Respondent. Therefore, both parties to

2727the contract, if licensed, would share that duty or face an

2738administrative penalty of license revocation or suspension under

2746Section 548.071(1), Florida Statutes, or an administrative fine

2754under Section 548.075, Florida Statutes. Rule 61K1-1.0011(3)(c),

2761Florida Administrative Code, is not an invalid exercise of

2770delegated legislative authority.

277324. Rule 61K101.0011(3)(g), Florida Administrative Code, is

2780invalid to the extent that it exceeds or enlarges upon

2790Respondent's rulemaking authority. The rule requires that all

2798contracts between managers and participants shall contain all

2806provisions set forth in Form BPR-0009451, which is incorporated by

2816reference. The rule also states that contracts not containing the

2826express language in the form are deemed to contain such language.

283725. There is no specific statutory authority for Respondent

2846to create a rule inserting any language it chooses into a contract

2858between a manager and a boxer. Section 548.05, Florida Statutes,

2868mandates that certain provisions be contained in contracts,

2876leaving open the prospect of disciplinary action for failure to

2886include the statutory language. Moreover, the Legislature did not

2895go on to declare that if a contract failed to include the

2907statutory provisions, those provisions would automatically become

2914part of the contract by operation of law. As a consequence, the

2926portions of Rule 61K1-1.0011(3)(g), Florida Administrative Code,

2933that attempts to impose provisions into a contract through a

"2943deemer" clause is invalid and must be struck.

295126. Form BPR-0009451 includes language that a contract is

2960void if: (a) if the manager is not licensed when the contract is

2973signed; and (b) the manager fails to file the contract within

2984seven days of its execution. Section 548.05(2), Florida Statutes,

2993requires contracts to provide that they are automatically

3001terminated: (a) if Respondent revokes the license of either

3010party; or (b) if a manager does not timely renew his or her

3023license. Section 548.05(2), Florida Statutes, also states that a

3032contract is not binding during the suspension of a party's

3042license. The statute does not address the situation where a

3052manager or a party has never been licensed. The statute does not

3064state that a contract is terminated during the suspension of a

3075party's license. The statute never references the termination of

3084a contract which has not been timely filed. Respondent's language

3094in Form BPR-0009451 is invalid and must be struck to the extent it

3107contemplates that a contract is void if a manager who has never

3119been licensed enters into a contract and if the manager, licensed

3130or not, fails to file the contract in a timely fashion. Possible

3142statutory penalties for failure to timely file do not extend to

3153voiding a contract.

315627. Petitioner is entitled to reasonable costs and

3164attorney's fees pursuant to Section 120.595(3), Florida Statutes.

3172The undersigned retains jurisdiction to make such an award after

3182an evidentiary hearing.

3185ORDER

3186Based upon the foregoing Findings of Fact and Conclusions

3195of Law, it is

3199ORDERED:

3200that the challenge to Rule 61K1-1.0011(3)(c), Florida

3207Administrative Code, is dismissed, and the challenge to Rule

321661K1-1.0011(3)(g), Florida Administrative Code, and Form BPR-

32230009451 incorporated therein, are determined to be invalid to

3232the extent described.

3235DONE AND ORDERED this 15th day of February, 2001, in

3245Tallahassee, Leon County, Florida.

3249___________________________________

3250SUZANNE F. HOOD

3253Administrative Law Judge

3256Division of Administrative Hearings

3260The DeSoto Building

32631230 Apalachee Parkway

3266Tallahassee, Florida 32399-3060

3269(850) 488-9675 SUNCOM 278-9675

3273Fax Filing (850) 921-6847

3277www.doah.state.fl.us

3278Filed with the Clerk of the

3284Division of Administrative Hearings

3288this 15th day of February, 2001.

3294COPIES FURNISHED:

3296William M. Powell, Esquire

3300Powell & Steinburg, P.A.

3304Waterside Plaza

33063515 Del Prado Boulevard, Suite 101

3312Cape Coral, Florida 33904

3316Thomas G. Thomas, Esquire

3320Department of Business and

3324Professional Regulation

33261940 North Monroe Street

3330Tallahassee, Florida 32399-2202

3333Bruce A. Minnick, Esquire

3337Bruce A. Minnick, P.A.

3341Post Office Drawer 15588

3345Tallahassee, Florida 32317-5588

3348Hardy L. Roberts, III, General Counsel

3354Department of Business and

3358Professional Regulation

3360Northwood Centre

33621940 North Monroe Street

3366Tallahassee, Florida 32399-0792

3369Kim Binkley-Seyer, Secretary

3372Department of Business and

3376Professional Regulation

33781940 North Monroe Street

3382Tallahassee, Florida 32399-0792

3385Liz Cloud, Chief

3388Bureau of Administrative Code

3392The Elliott Building

3395Tallahassee, Florida 32399-0250

3398Carroll Webb, Executive Director

3402Joint Administrative Procedure Committee

3406120 Holland Building

3409Tallahassee, Florida 32399-1300

3412NOTICE OF RIGHT TO JUDICIAL REVIEW

3418A party who is adversely affected by this Final Order is

3429entitled to judicial review pursuant to Section 120.68, Florida

3438Statutes. Review proceedings are governed by the Florida Rules

3447of Appellate Procedure. Such proceedings are commenced by

3455filing one copy of a notice of appeal with the Clerk of the

3468Division of Administrative Hearings and a second copy,

3476accompanied by filing fees prescribed by law, with the District

3486Court of Appeal, First District, or with the District Court of

3497Appeal in the Appellate District where the party resides. The

3507notice of appeal must be filed within 30 days of rendition of

3519the order to be reviewed.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 05/14/2001
Proceedings: Letter to Judge Hood from W. Powell (enclosing proposed Order) filed.
PDF:
Date: 04/11/2001
Proceedings: Petitioner`s Response to Initial Order (filed via facsimile).
Date: 02/28/2001
Proceedings: Motion for Attorney Fees and Costs filed. (DOAH Case No. 00-1600RX extablished)
PDF:
Date: 02/15/2001
Proceedings: DOAH Final Order
PDF:
Date: 02/15/2001
Proceedings: Final Order issued. CASE CLOSED.
Date: 02/01/2001
Proceedings: Excerpts from Chapter 548, Florida Statutes filed by B. Minnick.
PDF:
Date: 01/31/2001
Proceedings: Notice of Filing (excerpts from Chapter 548, Florida Statutes) filed.
PDF:
Date: 01/31/2001
Proceedings: Intervenor`s Response to Petitioner`s Motion to Strike filed.
PDF:
Date: 01/29/2001
Proceedings: Motion to Strike Intervener`s Proposed Documents in Support of Memorandum of Law and Proposed Final Judgement filed by Petitioner.
PDF:
Date: 01/25/2001
Proceedings: (Proposed) Final Order filed by W. Powell.
PDF:
Date: 01/25/2001
Proceedings: Notice of Filing Exhibits in Support of Intervenor`s Proposed Final Order filed.
PDF:
Date: 01/25/2001
Proceedings: Intervenor`s Proposed Findings of Fact and Conclusions of Law filed.
PDF:
Date: 01/25/2001
Proceedings: Notice of Filing (Excerpts of proceedings) filed.
PDF:
Date: 01/22/2001
Proceedings: Memorandum of Law (filed by Respondent via facsimile).
PDF:
Date: 01/22/2001
Proceedings: (Proposed) Final Order (filed by W. Powell via facsimile).
PDF:
Date: 01/22/2001
Proceedings: Notice of Filing (proposed final order, filed via facsimile).
PDF:
Date: 01/22/2001
Proceedings: Notice of Filing (Department of Business and Professional Regulation, Florida State Boxing Rules 61K1-1, pages 26 and 27, filed via facsimile).
Date: 01/22/2001
Proceedings: Deposition (of Louis Grimaldi and John Christian Meffert) filed.
Date: 01/22/2001
Proceedings: Notice of Filing, Depositions filed.
PDF:
Date: 01/22/2001
Proceedings: Affidavit of Ronald Grimaldi filed.
PDF:
Date: 01/22/2001
Proceedings: Notice of Filing (Affidavit of Ronald A. Grimaldi) filed.
PDF:
Date: 01/22/2001
Proceedings: Notice of Filing (Chapter 48, Florida Statute Sections 548.01-09, Form BPR-009-451, Department of Business and Professional Regulation, Florida State Boxing Commission Rules, 61k-1, and Florida Statutes Section 120.52) filed.
PDF:
Date: 01/22/2001
Proceedings: Memorandum of Law filed by Petitioner.
PDF:
Date: 01/02/2001
Proceedings: Letter to DOAH from B. Minnick In re: unable to reach counsel regarding stipulation (filed via facsimile).
PDF:
Date: 12/21/2000
Proceedings: Order issued (parties shall file stipulated facts, depositions, proposed final orders, and legal memoranda by January 22, 2001, by January 29, 2001, the parties shall file objections, if any, to depositions submitted as evidence).
PDF:
Date: 12/21/2000
Proceedings: Intervenor`s Objections and Request for Final Evidentiary Hearing (filed via facsimile).
PDF:
Date: 12/19/2000
Proceedings: (Proposed) Order filed.
PDF:
Date: 12/18/2000
Proceedings: Status Report and Joint Motion for Final Order filed.
Date: 12/14/2000
Proceedings: Subpoena Duces Tecum; Subpoena Ad Testificandum (3) filed.
Date: 12/08/2000
Proceedings: Amended Cross-Notice of Taking Depositions filed.
Date: 12/08/2000
Proceedings: Cross-Notice of Taking Depositions filed.
Date: 12/04/2000
Proceedings: Second Amended Notice of Taking Depositions (filed via facsimile).
PDF:
Date: 11/29/2000
Proceedings: Order issued (Petitioner`s Emergency Motion to Quash Subpoena and Notice of Taking Depositions is granted, the request for attorney`s fees is denied).
PDF:
Date: 11/29/2000
Proceedings: Amended Notice of Taking Depositions (of 8) filed.
PDF:
Date: 11/29/2000
Proceedings: Notice of Telephonic Hearing on Petitioner`s Emergency Motion to Quash Subpoena and Notice of Taking Depositions (on Tuesday, November 28, 2000 at 9:00 a.m.) filed.
PDF:
Date: 11/27/2000
Proceedings: Emergency Motion to Quash Subpoena and Notice of Taking Depositions (filed via facsimile).
Date: 11/27/2000
Proceedings: Notice of Taking Depositions (of 8) filed.
PDF:
Date: 11/22/2000
Proceedings: Order issued (the motion to amend order is denied).
PDF:
Date: 11/03/2000
Proceedings: Notice of Objection to any Abeyance and Motion to Amend Order Accordingly (filed by Intervenor via facsimile).
PDF:
Date: 11/02/2000
Proceedings: Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by December 29, 2000).
PDF:
Date: 11/01/2000
Proceedings: Notice of Appearance (filed by T. Thomas via facsimile).
PDF:
Date: 11/01/2000
Proceedings: Fax Transmission to DOAH from B. Minnick In re: stipulation MUST contain all signatures before the agreement is complete (filed via facsimile).
PDF:
Date: 10/31/2000
Proceedings: Motion to Continue and to Hold Case in Abeyance filed by Respondent.
Date: 10/16/2000
Proceedings: Amended Notice of Taking Corporate Deposition filed.
Date: 10/13/2000
Proceedings: Notice of Taking Corporate Deposition of Florida State Boxing Commission filed.
Date: 08/28/2000
Proceedings: Notice of Service of Interrogatory Responses, Request to Admit Responses and Production Responses (filed via facsimile).
Date: 08/18/2000
Proceedings: Petitioner`s Request for Production of Documents to Respondent filed.
PDF:
Date: 08/10/2000
Proceedings: Order Granting Continuance and Re-scheduling Hearing issued (hearing set for November 1, 2000; 10:00 a.m.; Tallahassee, FL).
PDF:
Date: 08/08/2000
Proceedings: Respondent`s Response to Petitioner`s Motion to Compel and for Sanctions (filed via facsimile).
PDF:
Date: 08/08/2000
Proceedings: Motion to Continue (filed by Respondent via facsimile).
Date: 08/01/2000
Proceedings: Subpoena Duces Tecum for Trial for Judge S. Hood`s signature filed.
Date: 07/31/2000
Proceedings: Petitioner`s Request for Production of Documents to Respondent (Petitioner) filed.
Date: 07/31/2000
Proceedings: Notice of Service of Interrogatories filed.
Date: 07/31/2000
Proceedings: Request for Admissions filed.
PDF:
Date: 07/27/2000
Proceedings: Notice of Appearance (filed by B. Minnick)
Date: 07/24/2000
Proceedings: Interrogatories Propounded by Petitioner, Ronald A. Grimaldi to Respondent, Florida State Boxing Commission (Petitioner) filed.
Date: 07/24/2000
Proceedings: Notice of Service of Interrogatories filed.
Date: 07/24/2000
Proceedings: Motion to Compel Answers to Interrogatories filed.
PDF:
Date: 07/19/2000
Proceedings: Amended Notice of Hearing sent out. (hearing set for August 16, 2000; 10:00 a.m.; Tallahassee, FL, amended as to location)
PDF:
Date: 07/13/2000
Proceedings: Third Notice of Hearing sent out. (hearing set for August 16, 2000; 10:00 a.m.; Tallahassee, FL)
PDF:
Date: 07/11/2000
Proceedings: Stipulation (Petitioner) filed.
PDF:
Date: 06/15/2000
Proceedings: Response to Petition for Leave to Intervene and Motion for Continuance of Danny Sanitago filed.
PDF:
Date: 06/13/2000
Proceedings: Order sent out. (petition for leave to intervene by D. Santiago is granted)
PDF:
Date: 06/13/2000
Proceedings: Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by July 13, 2000.)
PDF:
Date: 05/30/2000
Proceedings: Petition for Leave to Intervene by Danny Santiago filed.
PDF:
Date: 05/30/2000
Proceedings: (J. Green) Motion for Continuance and Re-Scheduling of Hearing filed.
PDF:
Date: 05/23/2000
Proceedings: Order sent out. (the motion to reconsider is granted, D. Santiago shall have an opportunity to file a motion to intervene on all parties by June 1, 2000)
PDF:
Date: 05/22/2000
Proceedings: Petitioner`s Response for Continuance in Rescheduling of Hearing filed.
PDF:
Date: 05/18/2000
Proceedings: (Petitioner) Motion to Reconsider filed.
Date: 05/15/2000
Proceedings: Notice of Service of Interrogatories filed.
Date: 05/15/2000
Proceedings: Request for Admissions filed.
Date: 05/15/2000
Proceedings: Petitioner`s Request for Production of Documents to Respondent filed.
PDF:
Date: 05/15/2000
Proceedings: (J. Green) Motion for Continuance and Re-Scheduling of Hearing filed.
PDF:
Date: 05/09/2000
Proceedings: Order Granting Petition for Leave to Intervene by Danny Santiago sent out.
PDF:
Date: 05/04/2000
Proceedings: Order Granting Continuance and Re-scheduling Hearing sent out. (hearing set for June 20, 2000; 10:00 a.m.; Tallahassee, FL)
PDF:
Date: 05/03/2000
Proceedings: Notice of Appearance (filed by M. Brown) filed.
PDF:
Date: 05/03/2000
Proceedings: (Respondent) Motion to Continue filed.
Date: 04/26/2000
Proceedings: Petition for Leave to Intervene by Danny Santiago filed.
PDF:
Date: 04/20/2000
Proceedings: Order of Pre-hearing Instructions sent out.
PDF:
Date: 04/20/2000
Proceedings: Notice of Hearing sent out. (hearing set for May 15, 2000; 10:00 a.m.; Tallahassee, FL)
Date: 04/18/2000
Proceedings: Order of Assignment sent out.
PDF:
Date: 04/18/2000
Proceedings: Letter to Liz Cloud from A. Cole w/cc: Carroll Webb and Agency General Counsel sent out.
PDF:
Date: 04/12/2000
Proceedings: Complaint for Declaratory Relief and Permanent Injunction (filed via facsimile).
Date: 04/12/2000
Proceedings: Agreement (filed via facsimile).
PDF:
Date: 04/12/2000
Proceedings: Petition (filed via facsimile).

Case Information

Judge:
SUZANNE F. HOOD
Date Filed:
04/12/2000
Date Assignment:
04/18/2000
Last Docket Entry:
05/14/2001
Location:
Tallahassee, Florida
District:
Northern
Agency:
Department of Business and Professional Regulation
Suffix:
RX
 

Related DOAH Cases(s) (1):

Related Florida Statute(s) (15):

Related Florida Rule(s) (1):