07-002508 Abkey, Ltd, D/B/A Fuddruckers Restaurant vs. Department Of Business And Professional Regulation, Division Of Alcoholic Beverages And Tobacco
 Status: Closed
Recommended Order on Wednesday, April 30, 2008.


View Dockets  
Summary: Recommend approval of Petitioners` applications for delinquent renewal of their SR licenses, where the agency, in its notices of intent to deny, had relied solely on a "rule" successfully challenged in a Section 120.56(4), Florida Statutes, proceeding.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8ABKEY, LTD, d/b/a FUDDRUCKERS )

13RESTAURANT, )

15)

16Petitioner, )

18)

19vs. ) Case No. 07-2508

24)

25DEPARTMENT OF BUSINESS AND )

30PROFESSIONAL REGULATION, )

33DIVISION OF ALCOHOLIC BEVERAGES )

38AND TOBACCO, )

41)

42Respondent. )

44__________________________________)

45NICK MANEROS, II, INC., d/b/a )

51MANEROS OF HALLANDALE, )

55)

56Petitioner, )

58)

59vs. ) Case No. 07-4602

64)

65DEPARTMENT OF BUSINESS AND )

70PROFESSIONAL REGULATION, )

73DIVISION OF ALCOHOLIC BEVERAGES )

78AND TOBACCO, )

81)

82Respondent. )

84__________________________________)

85AMY CAT, INC., d/b/a CYPRESS )

91MANOR, )

93)

94Petitioner, )

96)

97vs. ) Case No. 07-4692

102)

103DEPARTMENT OF BUSINESS AND )

108PROFESSIONAL REGULATION, )

111DIVISION OF ALCOHOLIC BEVERAGES )

116AND TOBACCO, )

119)

120Respondent. )

122__________________________________)

123RECOMMENDED ORDER

125Pursuant to notice, a hearing was conducted in these

134consolidated cases pursuant to Sections 120.569 and 120.57(1),

142Florida Statutes, 1 before Stuart M. Lerner, a duly-designated

151administrative law judge of the Division of Administrative

159Hearings (DOAH), on January 25, 2008, in Tallahassee, Florida.

168APPEARANCES

169For Petitioners: Harold F. X. Purnell, Esquire

176Rutledge, Ecenia, Purnell and

180Hoffman, P.A.

182Post Office Box 551

186Tallahassee, Florida 32302-0551

189For Respondent: Michael J. Wheeler, Esquire

195Department of Business and

199Professional Regulation

201Northwood Centre, Suite 40

205Tallahassee, Florida 32399-2202

208STATEMENT OF THE ISSUE

212Whether Petitioners' applications for the delinquent

218renewal of their special restaurant licenses pursuant to Section

227561.27(2), Florida Statutes, should be denied for the reasons

236set forth in the Notices of Intent to Deny.

245PRELIMINARY STATEMENT

247On April 2, 2007, the Department of Business and

256Professional Regulation, Division of Alcoholic Beverages and

263Tobacco (DABT) issued a Notice of Intent to Deny the application

274that Abkey, Ltd., d/b/a Fuddruckers (Abkey) had filed on

283February 21, 2007, seeking the delinquent renewal of its special

293restaurant license. On or about April 23, 2007, Abkey filed

303with DABT a request for an administrative hearing on the

313proposed denial of its application. The matter was referred to

323DOAH on June 5, 2007, and docketed as DOAH Case No. 07-2508.

335On June 8, 2007, DABT issued a Notice of Intent to Deny the

348application that Nick Maneros, II, Inc., d/b/a Maneros of

357Hallandale (Maneros) had filed on June 4, 2007, seeking the

367delinquent renewal of its special restaurant license. On or

376about June 21, 2007, Maneros filed with DABT a request for an

388administrative hearing on the proposed denial of its

396application. The matter was referred to DOAH on October 5,

4062007, and docketed as DOAH Case No. 07-4602.

414On June 8, 2007, DABT issued a Notice of Intent to Deny the

427application that Amy Cat, Inc. d/b/a Cypress Manor (Amy Cat) had

438filed on December 6, 2006, seeking the delinquent renewal of its

449special restaurant license. On or about July 9, 2007, Amy Cat

460filed with DABT a request for an administrative hearing on the

471proposed denial of its application. The matter was referred to

481DOAH on October 11, 2007, and docketed as DOAH Case No. 07-4692.

493On December 5, 2007, DABT, on behalf of itself, Abkey,

503Maneros, and Amy Cat, filed a motion requesting that DOAH Case

514Nos. 07-2508, 07-4602, and 07-4692 be consolidated. By order

523issued that same day, the motion was granted.

531On January 10, 2008, Maneros filed an opposed motion in

541DOAH Case No. 07-4602 requesting that jurisdiction of the matter

"551be relinquished to [DABT] for recommended issuance of an order

561approving [Maneros'] delinquent renewal application," with

"567jurisdiction be[ing] retained for the sole purpose of the

576filing and consideration of a motion for attorney fees by

586[Maneros]." Argument on the motion was heard by telephone

595conference call on January 14, 2008. On January 15, 2008, the

606undersigned issued an order denying the motion because there

615remained disputed issues of material fact in DOAH Case No.

62507-4602 that needed to be resolved.

631On January 10, 2008, Abkey and Amy Cat filed a petition

642with DOAH pursuant to Section 120.56(4), Florida Statutes,

650challenging as violative of Section 120.54(1)(a), Florida

657Statutes, the statement "interpreting [S]ection 561.20(5),

663[Florida Statutes]" made in DABT's notices announcing its

671intention to deny Amy Cat's and Abkey's requests for the

681delinquent renewal of their special restaurant licenses. The

689matter was docketed as DOAH Case No. 08-0212RU. On January 14,

7002008, Amy Cat and Abkey filed a motion requesting that DOAH Case

712No. 08-0212RU be consolidated with DOAH Case Nos. 07-2508,

72107-4602, and 07-4692 (which had previously been consolidated).

729On January 16, 2008, DABT filed a response to the motion, in

741which it stated the following:

746For the purpose of judicial economy and

753being that the parties and issues are

760similar, the Respondent defers to the

766discretion of the Court regarding [the]

772pending motion [to consolidate].

776On January 18, 2008, the undersigned issued an order, which

786provided as follows:

7891. DOAH Case No. 07-0212RU is consolidated,

796for purposes of hearing, with DOAH Case Nos.

80407-2508, 07-4602, and 07-4692 pursuant to

810Florida Administrative Code 28-106.108.

8142. The hearing in these four consolidated

821cases will be held on January 25, 2008, as

830more specifically described in the Notice of

837Hearing issued in DOAH Case Nos. 07-2508,

84407-4602, and 07-4692 on December 5, 2007.

851On January 17, 2008, a Pre-Hearing Stipulation was filed in

861DOAH Case Nos. 07-2508, 07-4602, and 07-4692.

868As noted above, the final hearing in DOAH Case Nos.

87807-2508, 07-4602, 07-4692, and 08-0212RU was held on January 25,

8882008, as scheduled. One witness, Eileen Klinger, the chief of

898DABT's Bureau of Licensing, testified at the hearing. In

907addition to Ms. Klinger's testimony, 20 exhibits (Petitioners'

915Exhibits 1 through 19, and Respondent's Exhibit 1) were offered

925and received into evidence.

929The deadline for the filing of proposed recommended orders

938in DOAH Case Nos. 07-2508, 07-4602, and 07-4692 was set at 15

950days from the date of the filing with DOAH of the hearing

962transcript.

963The hearing Transcript (consisting of one volume) was filed

972with DOAH on February 8, 2008.

978On February 22, 2008, Abkey, Maneros, and Amy Cat

987(hereinafter referred to collectively as "Petitioners") filed an

996unopposed motion requesting an extension of the deadline for the

1006filing of proposed recommended orders. By order issued

1014February 25, 2008, the motion was granted, and the parties were

1025given until March 14, 2008, to file proposed recommended orders.

1035Petitioners and DABT timely filed their Proposed

1042Recommended Orders on March 14, 2008. 2 They also, on that same

1054date, filed a post-hearing stipulation, agreeing that

"1061Petitioners' SR licenses in the above cases are per general law

1072and not pursuant to any special or local act."

1081The parties were subsequently given the opportunity to

1089present oral argument in support of their respective positions

1098in these cases. Such argument was presented by telephone

1107conference call on April 14, 2008.

1113The parties were also given the opportunity to file post-

1123oral argument supplements to their Proposed Recommended Orders,

1131provided they did so no later than April 29, 2008. Abkey filed

1143a Supplemental Proposed Recommended Order on August 29, 2008.

1152No other post-oral argument pleading has been filed.

1160FINDINGS OF FACT

1163Based on the evidence adduced at hearing, and the record as

1174a whole, the following findings of fact are made:

11831. There are various types of DABT-issued licenses

1191authorizing the retail sale of alcoholic beverages. Among them

1200are quota licenses, SRX licenses, and SR licenses. All three of

1211these licenses allow the licensee to sell liquor, as well as

1222beer and wine.

12252. Quota licenses, as their name suggests, are limited in

1235number. The number of quota licenses available in each county

1245is based upon that county's population.

12513. SRX and SR licenses are "special" licenses authorizing

1260the retail sale of beer, wine, and liquor by restaurants. There

1271are no restrictions on the number of these "special" licenses

1281that may be in effect (countywide or statewide) at any one time.

12934. SRX licenses are "special restaurant" licenses that

1301were originally issued in or after 1958. 3

13095. SR licenses are "special restaurant" licenses that were

1318originally issued prior to 1958.

13236. For restaurants originally licensed after April 18,

13311972, at least 51 percent of the licensed restaurant's total

1341gross revenues must be from the retail sale of food and non-

1353alcoholic beverages. 4

13567. Restaurants for which an SR license has been obtained,

1366on the other hand, do not have to derive any set percentage or

1379amount of their total gross revenues from the retail sale of

1390food and non-alcoholic beverages.

13948. DABT-issued alcoholic beverage licenses are subject to

1402annual renewal. 5

14059. License holders who have not timely renewed their

1414licenses, but wish to remain licensed, may file an Application

1424for Delinquent Renewal (on DABT Form 6015).

143110. Until recently, it was DABT's longstanding policy and

1440practice to routinely grant applications for the delinquent

1448renewal of SR and other alcoholic beverage licenses, regardless

1457of the reason for the delinquency.

146311. DABT still routinely grants applications to

1470delinquently renew alcoholic beverage licenses other than SR

1478licenses, but it now has a "new policy" in place with respect to

1491applications for the delinquent renewal of SR licenses. The

"1500new policy" is to deny all such applications based upon these

1511SR licenses' not having been in "continuous operation," action

1520that, according to DABT, is dictated by operation of Section

1530561.20(5), Florida Statutes, a statutory provision DABT now

1538claims it had previously misinterpreted when it was routinely

1547granting these applications.

155012. Relying on Section 561.20(5), Florida Statutes, to

1558blanketly deny all applications for the delinquent renewal of SR

1568licenses was the idea of Eileen Klinger, the head of DABT's

1579Bureau of Licensing. She directed her licensing staff to

1588implement the "new policy" after being told by agency attorneys

1598that this "was the appropriate thing [from a legal perspective]

1608to do."

161013. Abkey and Amy Cat have SR licenses that were

1620originally issued in 1956 "per general law and not pursuant to

1631any special or local act."

163614. Maneros has an SR license that was originally issued

1646in 1952 "per general law and not pursuant to any special or

1658local act."

166015. As applicants applying to delinquently renew their SR

1669licenses, Petitioners are substantially affected by DABT's "new

1677policy" that SR licenses cannot be delinquently renewed because

1686they have not been in "continuous operation," as that term is

1697used in Section 561.20(5), Florida Statutes. Their applications

1705for the delinquent renewal of their licenses would have been

1715approved had the status quo been maintained and this "new

1725policy" not been implemented.

172916. Abkey filed its application (on DABT Form 6015) for

1739the delinquent renewal of its SR license (which had been due for

1751renewal on March 31, 2005) on February 21, 2007. On the

1762application form, Abkey gave the following "explanation for not

1771having renewed during the renewal period": "Building was sold.

1781Lost our lease."

178417. On April 2, 2007, DABT issued a Notice of Intent to

1796Deny Abkey's application. DABT's notice gave the following

1804reason for its intended action:

1809The request for delinquent renewal of this

1816license is denied. Florida Statute

1821561.20(5) exempted restaurant licenses

1825issued prior to January 1, 1958 from

1832operating under the provisions in 561.20(4)

1838as long as the place of business was in

1847continuous operation. This business failed

1852to renew its license on or before March 31,

18612005, therefore it did not comply with the

1869requirements and is no longer valid.

187518. Maneros filed its application (on DABT Form 6015) for

1885the delinquent renewal of its SR license (which had been due for

1897renewal on March 31, 2005) on June 4, 2007. On the application

1909form, Maneros gave no "explanation for not having renewed during

1919the renewal period"; however, the application was accompanied by

1928a letter from a Maneros representative, which read, in pertinent

1938part, as follows:

1941I am today submitting a delinquent renewal

1948application for the above-referenced

1952alcoholic beverage license. The building

1957has been demolished, and there is a vacant

1965lot at the site at this time. Redevelopment

1973is scheduled for this area, and I expect new

1982construction to begin shortly. The license

1988was first issued to this location 55 years

1996ago. I have inquired with the City of

2004Hallandale Beach, Florida, and there remains

2010a question as to whether zoning approval for

2018this type of alcoholic beverage license

2024would be permitted under current uses once

2031reconstruction is complete. The licensee of

2037record wishes to reinstate and possibly use

2044or transfer the license. . . .

205119. On June 8, 2007, DABT issued a Notice of Intent to

2063Deny Maneros' application. DABT's notice gave the following

2071reason for its intended action:

2076The request for delinquent renewal of this

2083license is denied. Florida Statute

2088561.20(5) exempted restaurant licenses

2092issued prior to January 1, 1958 from

2099operating under the provisions in 561.20(4)

2105as long as the place of business was in

2114continuous operation. This business failed

2119to renew its license on or before March 31,

21282005, therefore it did not comply with the

2136requirements and is no longer valid.

2142SR licenses will not be allowed to be moved

2151from the location where the license was

2158originally issued.

216020. Amy Cat filed its application (on DABT Form 6015) for

2171the delinquent renewal of its SR license (which had been due for

2183renewal on March 31, 1999) on December 6, 2006. On the

2194application form, Amy Cat gave the following "explanation for

2203not having renewed during the renewal period": "Building was

2213closed."

221421. On June 8, 2007, DABT issued a Notice of Intent to

2226Deny Amy Cat's application. DABT's notice gave the following

2235reason for its intended action:

2240The request for delinquent renewal of this

2247license is denied. Florida Statute

2252561.20(5) exempted restaurant licenses

2256issued prior to January 1, 1958 from

2263operating under the provisions in 561.20(4)

2269as long as the place of business was in

2278continuous operation. This business failed

2283to renew its license on or before March 31,

22921999, therefore it did not comply with the

2300requirements and is no longer valid.

2306SR licenses will not be allowed to be moved

2315from the location where the license was

2322originally issued.

2324CONCLUSIONS OF LAW

232722. DOAH has jurisdiction over the subject matter of this

2337proceeding and of the parties hereto pursuant to Chapter 120,

2347Florida Statutes.

234923. Petitioners are seeking to delinquently renew their SR

2358licenses pursuant to Section 561.27, Florida Statutes, which

2366provides as follows:

2369(1) A licensee under the Beverage Law shall

2377be entitled to a renewal of his or her

2386annual license from year to year, as a

2394matter of course, in accordance with a

2401schedule of license renewals as established

2407by [DABT] and by paying the annual license

2415tax and giving any bond required of such

2423licensee under the Beverage Law.

2428(2) A license may be renewed subsequent to

2436expiration each year upon payment of a

2443penalty of $5 for each month or fraction of

2452a month of delinquency, or upon payment of a

2461penalty of 5 percent of the license fee,

2469whichever amount is the greater. Any

2475license not renewed within 60 days of

2482expiration will be canceled by [DABT] unless

2489such license is involved in litigation or an

2497administrative action; however, [DABT] may

2502allow a licensee to renew the license

2509subsequent to the 60-day period after good

2516and sufficient cause for the delinquency has

2523been shown to [DABT] by the licensee.

253024. When presented with an application for the delinquent

2539renewal of an SR license, DABT is required by Section 120.60(3),

2550Florida Statutes, to give the applicant "written notice either

2559personally or by mail that [it] intends to grant or deny, or has

2572granted or denied, the application. . . . The notice must state

2584with particularity the grounds or basis for the issuance or

2594denial of the license . . . ."

260225. If DABT notifies an applicant that it intends to deny

2613the applicant's application and there are disputed issues of

2622material fact, the applicant is entitled, at its request, to an

2633evidentiary administrative hearing conducted pursuant to

2639Sections 120.569 and 120.57(1), Florida Statutes, on such

2647proposed action before DABT takes any final action on the

2657application. See Silver Show, Inc. v. Department of Business

2666and Professional Regulation, Division of Alcoholic Beverages and

2674Tobacco , 706 So. 2d 386, 389 (Fla. 4th DCA 1998)("[F]ormal

2685hearings under sections 120.569 and 120.57 are part of the

2695application process--particularly, as here, where an applicant

2702seeks to contest facts relied on by [DABT] to deny an

2713application. . . . When a formal hearing has been requested

2724under sections 120.569 and 120.57, as here, the definitive act

2734of denial will not occur until [DABT] enters a final order at

2746the conclusion of the formal hearing. That will happen only when

2757the evidence has been heard, the hearing officer has filed a

2768recommended order, and the agency has entered its final order.

2778Anything before the entry of the final order in contested

2788license hearings is tentative and thus merely proposed.").

279726. The hearing is "a de novo proceeding intended to

2807formulate agency action, and not to review action taken earlier

2817or preliminarily." Beverly Enterprises-Florida, Inc. v.

2823Department of Health and Rehabilitative Services , 573 So. 2d 19,

283323 (Fla. 1st DCA 1990). The applicant has the opportunity at

2844the hearing, through its presentation, to attempt to persuade

2853DABT to change its mind and issue a final order granting its

2865application to delinquently renew its license. See Capeletti

2873Brothers Inc. v. Department of General Services , 432 So. 2d

28831359, 1363 (Fla. 1st DCA 1983)("Capeletti misconceives the

2892purpose of the [Section] 120.57 hearing. The rejection of bids

2902never became final agency action. As we have previously held,

2912APA hearing requirements are designed to give affected parties

2921an opportunity to change the agency's mind."); and Couch

2931Construction Company Inc. v. Department of Transportation , 361

2939So. 2d 172, 176 (Fla. 1st DCA 1978)("APA hearing requirements

2950are designed to give affected parties an opportunity to change

2960the agency's mind.").

296427. Any final order denying renewal of the applicant's

2973license must be based solely on the grounds asserted in the

2984notice of intent to deny given the applicant. See M. H. v.

2996Department of Children and Family Services , No. 2D07-1006, 2008

3005Fla. App. LEXIS 4391 *6 (Fla. 2d DCA March 28, 2008)("[T]he

3017notice's exclusive focus on 'significant pulling force' as

3025causing a nonaccidental injury precluded DCF from urging

3033negligence as an alternative ground for denying the renewal of

3043the license at the administrative proceeding.").

305028. In the instant consolidated cases, Petitioners

3057received Section 120.60(3)-required notices advising them of

3064DABT's intent to deny their applications for the delinquent

3073renewal of their SR licenses. The notices reflected that the

3083proposed denials of Petitioners' applications were based solely

3091on DABT's "new policy" (described above) of treating SR licenses

3101that have not remained in "continuous operation," within the

3110meaning of Section 561.20(5), Florida Statutes, as invalid and

3119nonrenewable under all circumstances.

312329. In the Final Order he has issued this date in DOAH

3135Case No. 08-0212RU, the undersigned has determined that the

3144existence of this "new policy" violates Section 120.54(1)(a),

3152Florida Statutes. Accordingly, pursuant to Section

3158120.56(4)(d), Florida Statutes, which provides as follows, DABT

3166may not rely on this "new policy" or "any substantially similar

3177statement as a basis for agency action" in these consolidated

3187cases:

3188When an administrative law judge enters a

3195final order that all or part of an agency

3204statement violates s. 120.54(1)(a), the

3209agency shall immediately discontinue all

3214reliance upon the statement or any

3220substantially similar statement as a basis

3226for agency action.

322930. Inasmuch as DABT did not cite in the notices it

3240provided Petitioners in accordance with Section 120.60(3),

3247Florida Statutes, any other ground as a basis for denying

3257Petitioners' applications for the delinquent renewal of their SR

3266licenses, these applications must be granted (as they initially

3275would have been had DABT not changed its policy concerning the

3286delinquent renewal of SR licenses).

3291RECOMMENDATION

3292Based upon the foregoing Findings of Fact and Conclusions

3301of Law, it is hereby

3306RECOMMENDED that the Department issue a Final Order

3314granting Petitioners' applications for the delinquent renewal of

3322their SR licenses.

3325DONE AND ENTERED this 30th day of April, 2008, in

3335Tallahassee, Leon County, Florida.

3339S

3340___________________________________

3341STUART M. LERNER

3344Administrative Law Judge

3347Division of Administrative Hearings

3351The DeSoto Building

33541230 Apalachee Parkway

3357Tallahassee, Florida 32399-3060

3360(850) 488-9675 SUNCOM 278-9675

3364Fax Filing (850) 921-6847

3368www.doah.state.fl.us

3369Filed with the Clerk of the

3375Division of Administrative Hearings

3379this 30th day of April, 2008.

3385ENDNOTES

33861 Unless otherwise noted, all references in this Recommended

3395Order to Florida Statutes are to Florida Statutes (2007).

34042 In Petitioners' Proposed Recommended Order, Amy Cat, for the

3414first time in this proceeding, argues that because DABT failed

3424to act on its delinquent renewal application "within 90 days of

3435receipt of the application," the application "is deemed approved

3444pursuant to [S]ection 120.60(1), [Florida Statutes]," which

3451provides as follows:

3454Upon receipt of an application for a

3461license, an agency shall examine the

3467application and, within 30 days after such

3474receipt, notify the applicant of any

3480apparent errors or omissions and request any

3487additional information the agency is

3492permitted by law to require. An agency

3499shall not deny a license for failure to

3507correct an error or omission or to supply

3515additional information unless the agency

3520timely notified the applicant within this

352630-day period. An application shall be

3532considered complete upon receipt of all

3538requested information and correction of any

3544error or omission for which the applicant

3551was timely notified or when the time for

3559such notification has expired. Every

3564application for a license shall be approved

3571or denied within 90 days after receipt of a

3580completed application unless a shorter

3585period of time for agency action is provided

3593by law. The 90-day time period shall be

3601tolled by the initiation of a proceeding

3608under ss. 120.569 and 120.57. Any

3614application for a license that is not

3621approved or denied within the 90-day or

3628shorter time period, within 15 days after

3635conclusion of a public hearing held on the

3643application, or within 45 days after a

3650recommended order is submitted to the agency

3657and the parties, whichever action and

3663timeframe is latest and applicable, is

3669considered approved unless the recommended

3674order recommends that the agency deny the

3681license. Subject to the satisfactory

3686completion of an examination if required as

3693a prerequisite to licensure, any license

3699that is considered approved shall be issued

3706and may include such reasonable conditions

3712as are authorized by law. Any applicant for

3720licensure seeking to claim licensure by

3726default under this subsection shall notify

3732the agency clerk of the licensing agency, in

3740writing, of the intent to rely upon the

3748default license provision of this

3753subsection, and shall not take any action

3760based upon the default license until after

3767receipt of such notice by the agency clerk.

37753 See Fla. Admin. Code R. 61A-3.0141(1)("The suffix 'SRX' shall

3786be made a part of the license numbers of all such [special

3798restaurant] licenses issued after January 1, 1958.").

38064 See Fla. Admin. Code R. 61A-3.0141(3).

38135 See Fla. Admin. Code R. 61A-3.0101(1).

3820COPIES FURNISHED :

3823Harold F. X. Purnell, Esquire

3828Rutledge, Ecenia, Purnell and Hoffman, P.A.

3834Post Office Box 551

3838Tallahassee, Florida 32302-0551

3841Michael J. Wheeler, Esquire

3845Department of Business and Professional Regulation

3851Northwood Centre, Suite 40

38551940 North Monroe Street

3859Tallahassee, Florida 32399-2202

3862Cynthia Hill, Director

3865Division of Alcoholic Beverages and Tobacco

3871Department of Business and Professional Regulation

3877Northwood Centre, Suite 40

38811940 North Monroe Street

3885Tallahassee, Florida 32399-2202

3888Ned Luczynski, General Counsel

3892Department of Business and Professional Regulation

38981940 North Monroe Street

3902Tallahassee, Florida 32399-0792

3905NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

3911All parties have the right to submit written exceptions within

392115 days from the date of this Recommended Order. Any exceptions

3932to this Recommended Order should be filed with the agency that

3943will issue the Final Order in these cases.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 06/10/2008
Proceedings: Final Order filed.
PDF:
Date: 06/04/2008
Proceedings: Agency Final Order
PDF:
Date: 04/30/2008
Proceedings: Recommended Order
PDF:
Date: 04/30/2008
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 04/30/2008
Proceedings: Recommended Order (hearing held January 25, 2008). CASE CLOSED.
PDF:
Date: 04/29/2008
Proceedings: Supplemental Proposed Recommended Order filed.
Date: 04/14/2008
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 03/17/2008
Proceedings: Respondent`s List of Exhibits (exhibits not available for viewing) filed.
PDF:
Date: 03/14/2008
Proceedings: Letter to M. Wheeler from H. Purnell regarding Petitioners` SR Licenses filed.
PDF:
Date: 03/14/2008
Proceedings: Proposed Final Order filed.
PDF:
Date: 03/14/2008
Proceedings: Proposed Recommended Order filed.
PDF:
Date: 03/14/2008
Proceedings: Respondent`s Proposed Recommended Order filed.
PDF:
Date: 03/14/2008
Proceedings: Petitioner`s Proposed Final Order filed.
PDF:
Date: 03/13/2008
Proceedings: Notice of Oral Argument.
Date: 03/13/2008
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 02/25/2008
Proceedings: Order Granting Extension of Time (proposed recommended orders to be filed by March 14, 2008).
PDF:
Date: 02/22/2008
Proceedings: Motion for Extension of Time filed.
PDF:
Date: 02/08/2008
Proceedings: Transcript filed.
Date: 01/25/2008
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 01/18/2008
Proceedings: Order of Consolidation (DOAH Case Nos. 07-2508, 07-4602, 07-4692, and 08-0212RU).
PDF:
Date: 01/17/2008
Proceedings: Pre-hearing Stipulation filed.
PDF:
Date: 01/15/2008
Proceedings: Order Denying Motion to Relinquish Jurisdiction In DOAH Case No. 07-4602.
PDF:
Date: 01/14/2008
Proceedings: Respondent`s Answer to Petitioner`s First Set of Interrogatories and First Request for Admissions filed.
Date: 01/14/2008
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 01/10/2008
Proceedings: Motion to Relinquish Jurisdiction by Reserving Jurisdiction to Award Attorney`s Fees filed.
PDF:
Date: 12/12/2007
Proceedings: Second Amended Notice of Agency Representative Deposition Duces Tecum filed.
PDF:
Date: 12/05/2007
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 12/05/2007
Proceedings: Notice of Hearing (hearing set for January 25, 2008; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 12/05/2007
Proceedings: Order of Consolidation (DOAH Case Nos. 07-2508, 07-4602 and 07-4692).
PDF:
Date: 12/04/2007
Proceedings: Stipulated Motion for Continuance filed.
PDF:
Date: 11/28/2007
Proceedings: Letter to H. Purnell from M. Wheeler requesting to postpone depositions (unsigned) filed.
PDF:
Date: 11/07/2007
Proceedings: Amended Notice of Agency Representative Deposition Duces Tecum filed.
PDF:
Date: 11/05/2007
Proceedings: Petitioner`s First Request for Admissions to Respondent filed.
PDF:
Date: 11/05/2007
Proceedings: Notice of Service of Petitioner`s First Set of Interrogatories to Respondent filed.
PDF:
Date: 11/05/2007
Proceedings: Notice of Agency Representative Deposition Duces Tecum filed.
PDF:
Date: 11/05/2007
Proceedings: Petitioner`s First Request for Production of Documents from Respondent filed.
PDF:
Date: 10/05/2007
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for December 11, 2007; 9:00 a.m.; Fort Lauderdale, FL).
PDF:
Date: 10/03/2007
Proceedings: Notice of Appearance and Substitution of Counsel (filed by H. Purnell).
PDF:
Date: 10/03/2007
Proceedings: Motion for Continuance filed.
PDF:
Date: 08/02/2007
Proceedings: Notice of Appearance (filed by J. Paxman).
PDF:
Date: 07/09/2007
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 07/09/2007
Proceedings: Notice of Hearing (hearing set for October 11, 2007; 9:00 a.m.; Fort Lauderdale, FL).
PDF:
Date: 06/29/2007
Proceedings: Formal Request for Production filed.
PDF:
Date: 06/29/2007
Proceedings: Response to Initial Order filed.
PDF:
Date: 06/25/2007
Proceedings: Notice of Appearance (filed by J. Paxman).
PDF:
Date: 06/18/2007
Proceedings: Amended Initial Order.
PDF:
Date: 06/18/2007
Proceedings: Request for Administrative Hearing filed.
PDF:
Date: 06/14/2007
Proceedings: Respondent`s Response to Initial Order filed.
PDF:
Date: 06/07/2007
Proceedings: Initial Order.
PDF:
Date: 06/05/2007
Proceedings: Notice of Intent to Deny License filed.
PDF:
Date: 06/05/2007
Proceedings: Agency referral filed.

Case Information

Judge:
STUART M. LERNER
Date Filed:
06/05/2007
Date Assignment:
12/05/2007
Last Docket Entry:
06/10/2008
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Related DOAH Cases(s) (5):

Related Florida Statute(s) (7):

Related Florida Rule(s) (3):