09-000121 Department Of Business And Professional Regulation, Construction Industry Licensing Board vs. Fred Bowyer, D/B/A Proteam And Associates, Inc.
 Status: Closed
Recommended Order on Wednesday, May 6, 2009.


View Dockets  
Summary: Petitioner proved that Respondent was the primary qualifying agent for ProTeam. Respondent abandoned one project and failed to properly supervise a second project. Recommend 4 years probation, administrative fine, costs and restitution.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DEPARTMENT OF BUSINESS AND )

13PROFESSIONAL REGULATION, )

16CONSTRUCTION INDUSTRY LICENSING )

20BOARD, )

22)

23Petitioner, )

25)

26vs. ) Case No. 09-0121

31)

32FRED BOWYER, d/b/a PROTEAM AND ASSOCIATES, INC., )

40)

41)

42Respondent. )

44)

45RECOMMENDED ORDER

47Pursuant to notice, a formal hearing was held before

56Daniel M. Kilbride, Administrative Law Judge of the Division of

66Administrative Hearings (DOAH), by video teleconference in the

74above-styled case on March 18, 2009, between Tallahassee,

82Florida, and Tampa, Florida.

86APPEARANCES

87For Petitioner: Kyle Christopher, Esquire

92Department of Business and

96Professional Regulation

981940 North Monroe Street, Suite 42

104Tallahassee, Florida 32399

107Latoyia Adams

109Qualified Representative

111Department of Business and

115Professional Regulation

1171940 North Monroe Street, Suite 42

123Tallahassee, Florida 32399

126For Respondent: (No appearance)

130STATEMENT OF THE ISSUE

134Whether disciplinary action should be taken against

141Respondent’s licenses to practice contracting, license numbers

148CGC057941, CGC1509240 and QB37866, based on alleged violations

156of Section 489.1425, and Subsections 489.129(1)(g)1.,

162m),

163and 489.129(1)(o), Florida Statutes (2007), 1 as charged in the

173Administrative Complaint filed against Respondent in this

180proceeding.

181PRELIMINARY STATEMENT

183On July 11, 2008, Petitioner filed a nine-count

191Administrative Complaint alleging that Respondent had violated

198laws regulating professional activities as a certified

205contractor in the State of Florida. Respondent disputed the

214allegations contained in the Administrative Complaint and

221elected to have a formal administrative hearing. Consequently,

229the case was referred to the DOAH to conduct a hearing pursuant

241to Section 120.57, Florida Statutes. The Initial Order and

250subsequent notices and discovery requests were sent to the last

260known address provided by Respondent. The formal hearing in

269this matter was subsequently set for video teleconference

277between Tallahassee and Tampa. The live witnesses appeared at

286the Tampa location. Diligent search and inquiry was made to

296determine the whereabouts of Respondent, but he could not be

306located. After waiting a reasonable period of time, the hearing

316was conducted.

318At the hearing, Petitioner offered the testimony of three

327witnesses: Ms. Kelly Berry (Berry), Mr. Rune Lero (Lero) and

337Ms. Cecile Van Winkle (Van Winkle). Petitioner introduced 11

346exhibits designated 1 through 11, all of which were entered into

357evidence. The Transcript of the hearing was filed on March 30,

3682009. Petitioner filed its Proposed Recommended Order on

376April 9, 2009. Respondent has not filed post-hearing submittals

385as of the date of the Recommended Order.

393FINDINGS OF FACT

396Based on the evidence and testimony of the witnesses

405presented and the entire record in this proceeding, the

414following facts are found.

4181. Respondent is and has been, at all times material

428hereto, a certified general contractor in the State of Florida,

438having been issued license numbers CGC057941 and CGC1509240.

4462. At all times material hereto, Respondent was the

455primary qualifying agent for ProTeam and Associates, Inc.

463(ProTeam), which has a certificate of authority, QB number

47237866.

4733. Respondent alleged in his request for a formal hearing

483that he sold ProTeam on August 11, 2005, and removed his name as

496qualifying agent on the same date. However, no proof of such

507sale and withdrawal was offered in evidence. In addition,

516Respondent claimed to have placed his two contractors’ licenses

525on inactive status in April 2007. The records of Petitioner

535show that the licensure status of Respondent’s Certified General

544Contractor license numbers CGC057941 and CGC1504240 is

551“Delinquent Inactive.” These licenses expired on September 30,

5592008, and became delinquent on October 1, 2008, upon failure to

570renew by the date of expiration.

576Facts Pertaining to Counts I – IV

583Petitioner’s Case No. 2007-022091

5874. On or about November 8, 2006, Van Winkle entered into a

599contract with ProTeam to repair water damage to Van Winkle’s

609residence located at 3620 Ironwood Circle, Building O, Unit 402,

619Bradenton, Florida.

6215. The contracted price for the construction, including

629change orders, was $18,358.50, of which amount ProTeam accepted

639approximately $15,604.71.

6426. The contract did not contain a statement explaining the

652consumer’s rights under the Florida Homeowners’ Construction

659Recovery Fund.

6617. Construction commenced on or about November 15, 2006,

670and continued until ProTeam abandoned the project.

6778. At the time ProTeam abandoned the project, the

686percentage of completion was less than the percentage of the

696total contract price paid by Van Winkle.

7039. Van Winkle had paid monies in the amount of $15,604.71,

715an amount sufficient to cover the first three draws of the

726contract, which should have included all aspects of the project

736except for the cabinet installation and punchlist. Respondent

744received draws to complete the painting and to order and deliver

755cabinets and vanities, but failed to do so. Respondent accepted

76585 percent of the contract price for Van Winkle’s restoration

775project and provided only demolition and preparation work,

783carpet and an unfinished paint job. There is no evidence in the

795record to suggest that Respondent provided Van Winkle with any

805refund within 30 days after the job was abandoned, and, given

816that the paint was unfinished and the vanities and cabinets were

827not provided there is no evidence that Respondent was entitled

837to keep the amount of funds received under the terms of the

849contract. The excess amounted to $6,425.47

85610. On or about January 25, 2007, a lien was filed against

868Van Winkle’s property by Carpet Corner, Inc. for unpaid services

878in the amount of $1,745.09. The valid lien was recorded against

890Van Winkle’s property for carpeting ordered by Respondent for

899Van Winkle’s job.

90211. Respondent received funds from Van Winkle to pay for

912the carpet, but Respondent failed to apply those funds towards

922full payment of the carpet subcontractor. The lien was filed on

933January 29, 2007, and was not released until Van Winkle paid

944$1,745.09 to the carpet subcontractor on August 23, 2007, a

955period greater than 75 days.

96012. Van Winkle’s testimony seems, at times, to confuse the

970amount of the lien and the amount paid to release it with the

983amount paid by Respondent to the carpet subcontractor. However,

992her testimony also indicates that Respondent only paid $1,000.00

1002to the carpet subcontractor out of a $2,745.09 total contract.

1013It is clear that the amount of the lien, and the amount paid by

1027Van Winkle to release the lien, was $1,745.09, as indicated in

1039the records of the Manatee County Clerk of Circuit Court.

104913. The total investigative costs to Petitioner, excluding

1057costs associated with an attorney’s time, for Petitioner’s case

1066number 2007-022091, was $253.42.

1070Facts Pertaining to Counts VI – IX

1077Petitioner’s Case No. 2007-039332

108114. On or about August 29, 2006, Berry entered into a

1092contract with ProTeam to repair water damage to Berry’s

1101residence located at 4152 Whittner Drive, Land O’Lakes, Florida.

111015. The contracted price for the construction, including

1118change orders, was $17,921.33.

112316. ProTeam accepted approximately $18,908.74 from Berry

1131for the project.

113417. The contract did not contain a statement explaining

1143the consumer’s rights under the Florida Homeowners’ Construction

1151Recovery Fund.

115318. No permit was obtained for the project. However, the

1163job was completed. A permit was required for Berry’s project

1173due to the fact that the contract called for the replacement of

1185a shower pan and removal of a structural element. A thorough

1196search of Pasco County records indicated that Respondent did not

1206obtain a permit for this project.

121219. The new stucco did not match the old stucco and needed

1224to be redone, and Berry had to pay an additional $988.40 to have

1237the stucco repaired and repainted.

124220. The total investigative costs to Petitioner, excluding

1250costs associated with an attorney’s time, for Petitioner’s case

1259number 2007-039332, was $285.51.

1263CONCLUSIONS OF LAW

126621. The DOAH has jurisdiction over the parties and subject

1276matter of this proceeding, pursuant to Section 120.57, Florida

1285Statutes.

128622. Petitioner is the state agency charged with regulating

1295the practice of contracting pursuant to Section 20.165 and

1304Chapters 455 and 489, Florida Statutes.

131023. Pursuant to Section 489.129, Florida Statutes, the

1318Board is empowered to revoke, suspend or otherwise discipline

1327the license of a contractor who is found guilty of any of the

1340grounds enumerated in Subsection 489.129(1), Florida Statutes.

134724. Petitioner has the burden of proving by clear and

1357convincing evidence the allegations against Respondent.

1363§ 120.57(1)(j), Fla. Stat.; Ferris v. Turlington , 510 So. 2d 292

1374(Fla. 1987); Department of Banking and Finance v. Osborne Stern

1384and Co. , 670 So. 2d 932 (Fla. 1996).

139225. Evans Packing Co. v. Department of Agriculture and

1401Consumer Services , 550 So. 2d 112, 116, fn. 5 (Fla. 1st DCA

14131989), provides the following guidance regarding the clear and

1422convincing evidence standard:

1425That standard has been described as follows:

1432[C]lear and convincing evidence requires

1437that the evidence must be found to be

1445credible; the facts to which the witnesses

1452testify must be distinctly remembered; the

1458evidence must be precise and explicit and

1465the witnesses must be lacking in confusion

1472as to the facts in issue. The evidence must

1481be of such weight that it produces in the

1490mind of the trier of fact the firm belief of

1500(sic) conviction, without hesitancy, as to

1506the truth of the allegations sought to be

1514established. Slomowitz v. Walker , 429 So.

15202d 797, 800 (Fla. 4th DCA 1983).

152726. The Administrative Complaint alleges that Respondent

1534is guilty of having violated Section 489.1425, Florida Statutes,

1543which provides, in pertinent part, as follows:

1550(1) Any agreement or contract for repair,

1557restoration, improvement, or construction to

1562residential real property must contain a

1568statement explaining the consumer’s rights

1573under the recovery fund, except where the

1580value of all labor and materials does not

1588exceed $2,500.00.

159127. Subsections 489.129(1)(g)1., 2., and 3.; (j); (m)

1599and (o), Florida Statutes, provide in pertinent part, as

1608follows:

1609(1) The Board may take any of the following

1618actions against any certificate holder or

1624registrant: place on probation or reprimand

1630the licensee, revoke, suspend, or deny the

1637issuance or renewal of the certificate,

1643registration or certificate of authenticity,

1648require financial restitution to a consumer

1654for financial harm directly related to a

1661violation of a provision of this part,

1668impose an administrative fine not to exceed

1675$10,000 per violation, require continuing

1681education, or assess costs associated with

1687investigation and prosecution, if the

1692contractor . . . or business organization

1699for which the contractor is a primary

1706qualifying agent . . . is found guilty of

1715any of the following acts:

1720* * *

1723(g) Committing mismanagement or misconduct

1728in the practice of contracting that causes

1735financial harm to a customer. Financial

1741mismanagement or misconduct occurs when:

17461. Valid liens have been recorded against

1753the property of a contractor’s customer for

1760supplies or services by the contractor for

1767the customer’s job; the contractor has

1773received funds from the customer to pay for

1781the supplies or services; and the contractor

1788has not had the liens removed from the

1796property, by payment or by bond, within 75

1804days after the date of such liens;

18112. The contractor has abandoned a

1817customer’s job and the percentage of

1823completion is less than the percentage of

1830the total contract price paid to the

1837contractor at the time of abandonment,

1843unless the contractor is entitled to retain

1850such funds under the terms of the contract

1858or refunds the excess funds within 30 days

1866after the date the job is abandoned; or

18743. The contractor’s job has been completed,

1881and it is shown that the customer has had to

1891pay more for the contracted job than the

1899original contract price . . .

1905* * *

1908(j) Abandoning a construction project in

1914which the contractor is engaged or under

1921contract as a contractor. A project may be

1929presumed to be abandoned after 90 days if

1937the contractor terminates the project

1942without just cause or without proper

1948notification to the owner, including the

1954reason for termination, or fails to perform

1961work without just cause for 90 consecutive

1968days; . . .

1972* * *

1975(m) Committing incompetency or misconduct

1980in the practice of contracting.

1985* * *

1988(o) Proceeding on any job without obtaining

1995applicable local building department permits

2000and inspections;

200228. Petitioner has proven by clear and convincing evidence

2011that Respondent violated Section 489.1425, Florida Statutes,

2018Counts One and Six of the Administrative Complaint, by failing

2028to include a statement explaining the consumer’s rights under

2037the recovery fund in a contract for repair, restoration,

2046improvement, or construction to residential real property. Both

2054contracts pertained to residential property and were in excess

2063of $2,500.00, and Respondent did not include the recovery fund

2074statement, as set forth in Subsection 489.1425(1), Florida

2082Statutes, in either the Van Winkle contract or the Berry

2092contract.

209329. Petitioner has proven by clear and convincing evidence

2102that Respondent violated Subsection 489.129(1)(g)1., Florida

2108Statutes, Count Two of the Administrative Complaint, by

2116committing mismanagement or misconduct (valid liens filed) in

2124the practice of contracting that causes financial harm to a

2134customer.

213530. Petitioner has proven by clear and convincing evidence

2144that Respondent violated Subsection 489.129(1)(g)2., Florida

2150Statutes, Count Three of the Administrative Complaint, by

2158committing mismanagement or misconduct in the practice of

2166contracting that causes financial harm to a customer, and

2175Respondent abandoned Van Winkle’s job.

218031. Petitioner has proven by clear and convincing evidence

2189that Respondent violated Subsection 489.129(1)(j), Florida

2195Statutes, Count Four of the Administrative Complaint, by

2203abandoning a construction project in which the contractor is

2212engaged or under contract as a contractor. Respondent ceased

2221work and abandoned Van Winkle’s job after completing only

2230preparation and cosmetic work. To date, Respondent has not

2239returned to complete the project, and, given that Respondent

2248received payments for all aspects of the project except cabinet

2258installation and punchlist items, there is no evidence in the

2268record that Respondent had just cause to cease work on the

2279project.

228032. Petitioner has proven by clear and convincing evidence

2289that Respondent violated Subsection 489.129(1)(m), Florida

2295Statutes, Count Five of the Administrative Complaint,

2302by committing misconduct or incompetency in the practice

2310of contracting. Florida Administrative Code Rule

231661G4-17.001(1)(m)2. provides that misconduct or incompetency in

2323the practice of contracting, shall include, but is not limited

2333to, violation of any provision of Florida Administrative Code

2342Chapter 61G4 or Chapter 489, Part I, Florida Statutes.

235133. Petitioner has proven by clear and convincing evidence

2360that Respondent violated Subsection 489.129(1)(g)3., Florida

2366Statutes, Count Seven of the Administrative Complaint, by

2374committing mismanagement or misconduct in the practice of

2382contracting that causes financial harm to a customer. Berry’s

2391project was completed with the exception of a section of stucco

2402which was not the correct color. This is a cosmetic preference

2413and/or workmanship defect which does not indicate that

2421Respondent failed to complete the project. Berry’s total

2429contract price was $17,921.33, but Berry paid Respondent

2438$18,908.74. Respondent presented no evidence to indicate that

2447the additional payment was the result of change orders,

2456circumstances beyond Respondent’s control, circumstances caused

2462by Berry or was otherwise permitted by the terms of the

2473contract.

247434. Petitioner has proven by clear and convincing evidence

2483that Respondent violated Subsection 489.129(1)(o), Florida

2489Statutes, Count Eight of the Administrative Complaint, by

2497proceeding on a job without obtaining applicable local building

2506department permits and inspections.

251035. Respondent is subject to disciplinary action by the

2519Board pursuant to Section 489.129, Florida Statutes. The

2527disciplinary action under this statute includes, but is not

2536limited to, placing the license on probation, reprimanding the

2545licensee, revoking, suspending, denying the issuance or renewal

2553of the certificate or registration, requiring financial

2560restitution to the consumer, imposing an administrative fine,

2568requiring continuing education and assessing costs associated

2575with investigation and prosecution.

257936. Subsection 455.2273(5), Florida Statutes, states that

2586the Administrative Law Judge, in recommending penalties in any

2595recommended order, must follow the penalty guidelines

2602established by the board or department and must state in writing

2613the mitigating or aggravating circumstances upon which the

2621recommended penalty is based.

262537. Florida Administrative Code Rule 61G4-17.002 provides,

2632in pertinent part, the following:

2637Circumstances which may be considered for

2643the purposes of mitigation or aggravation of

2650penalty shall include, but are not limited

2657to, the following:

2660(1) Monetary or other damage to the

2667licensee’s customer, in any way associated

2673with the violation, which damage the

2679licensee has not relieved, as of the time

2687the penalty is to be assessed. (This

2694provision shall not be given effect to the

2702extent it would contravene federal

2707bankruptcy law.)

2709(2) Actual job-site violations of building

2715codes, or conditions exhibiting gross

2720negligence, incompetence, or misconduct by

2725the licensee, which have not been corrected

2732as of the time the penalty is being

2740assessed.

2741(3) The danger to the public.

2747(4) The number of complaints filed against

2754the licensee.

2756(5) The length of time the licensee has

2764practiced.

2765(6) The actual damage, physical or

2771otherwise, to the licensee’s customer.

2776(7) The deterrent effect of the penalty

2783imposed.

2784(8) The effect of the penalty upon the

2792licensee’s livelihood.

2794(9) Any efforts at rehabilitation

2799(10) Any other mitigating or aggravating

2805circumstances.

280638. Florida Administrative Code Rule 61G4-17.001, as

2813amended January 24, 2005, provides, in pertinent part, the

2822following guidelines that are applicable to case number

28302007-0022091 for violations under Section 489.129, Florida

2837Statutes:

2838(1) The following guidelines shall be used

2845in disciplinary cases, absent aggravating or

2851mitigating circumstances and subject to

2856other provisions of this chapter.

2861* * *

2864(g) Section 489.129(1)(g), F. S.:

2869Mismanagement or misconduct causing

2873financial harm to the customer. First

2879violation, $1,500 to $2,500 fine,

2886restitution and/or probation.

2889* * *

2892(i) Section 489.129(1)(i), F.S.: Failing

2897in any material respect to comply with the

2905provisions of Part I of Chapter 489, Florida

2913Statutes.

2914* * *

29174. Section 489.1425, F.S.: Failure to

2923notify residential property owner of

2928recovery fund. First violation, $250 to

2934$2,000 fine . . .

2940* * *

2943(j) Section 489.129(1)(j), F.S.:

2947Abandonment. First violation, $5,000 to

2953$1,000 fine and/or probation . . .

2961* * *

2964(m) Misconduct or incompetence in the

2970practice of contracting, shall include, but

2976is not limited to:

2980* * *

29832. Violation of any provision of Chapter

299061G4, F.A.C., or Chapter 489, Part I, F.S.

2998* * *

30014. The following guidelines shall apply to

3008cases involving misconduct or incompetency

3013in the practice of contracting, absent

3019aggravating or mitigating circumstances:

3023* * *

3026b. Violation of any provision

3031of Chapter 61G4, F.A.C., or Chapter 489,

3038Part I, F.S. First violation, $1,000 to

3046$2,500 fine . . .

305239. Florida Administrative Code Rule 61G4-17.001, as

3059amended November 2, 2006, provides, in pertinent part, the

3068following guidelines that are applicable to case number 2007-

3077039332 for violations under Section 489.129, Florida Statutes:

3085(1) The following guidelines shall be used

3092in disciplinary cases, absent aggravating or

3098mitigating circumstances and subject to

3103other provisions of this chapter.

3108* * *

3111(g) Section 489.129(1)(g), F. S.:

3116Mismanagement or misconduct causing

3120financial harm to the customer. First

3126offense, $1,500 fine and/or probation or

3133suspension to $5,000 fine, and/or probation

3140or suspension.

3142* * *

3145(i) Section 489.129(1)(i), F.S.: Failing

3150in any material respect to comply with the

3158provisions of Part I of Chapter 489, Florida

3166Statutes.

31674. Section 489.1425, F.S.: Failure to

3173notify residential property owner of

3178recovery fund. First offense, $250 to $500

3185fine . . .

3189* * *

3192(m) Misconduct or incompetence in the

3198practice of contracting, shall include, but

3204is not limited to:

3208* * *

32112. Violation of any provision of Chapter

321861G4, F.A.C., or Chapter 489, Part I, F.S.

3226First violation, $1,000 fine and/or

3232probation or suspension to $2,500 fine

3239and/or probation or suspension.

3243* * *

3246(o) Section 489.129(1)(o), F.S.:

3250Proceeding on any job without obtaining

3256applicable local building department permits

3261and/or inspections.

3263* * *

32663. Job finished without a permit having

3273been pulled, or no permit until caught after

3281job, or late permit during the job resulting

3289in missed inspection or inspections. First

3295offense, $1,000 fine to $5,000 fine and/or

3304probation . . .

3308RECOMMENDATION

3309Based on the foregoing Findings of Fact and Conclusions of

3319Law, it is RECOMMENDED that an order be rendered as follows:

33301. Finding Respondent guilty of having violated Section

3338489.1425, Florida Statutes, Count One of the Administrative

3346Complaint, and imposing as a penalty an administrative fine of

3356$2,000.00.

33582. Finding Respondent guilty of having violated Subsection

3366489.129(1)(g)1., Florida Statutes, Count Two of the

3373Administrative Complaint; imposing as a penalty an

3380administrative fine of $2,500.00 and restitution in the amount

3390of $1,745.09; 2 and placing Respondent’s licenses (License Nos.

3400CGC057941, GCG1509240, and QB37866) on probation for a period of

3410four years.

34123. Finding Respondent guilty of having violated

3419Three of the Administrative Complaint, and imposing as a penalty

3429an administrative fine of $2,500.00 and restitution in the

3439amount of $6,425.47. 3

34444. Finding Respondent guilty of having violated Subsection

3452489.129(1)(j), Florida Statutes, Count Four of the

3459Administrative Complaint, and imposing as a penalty an

3467administrative fine of $5,000.00

34725. Finding Respondent guilty of having violated Subsection

3480489.129(1)(m), Florida Statutes, Count Five of the

3487Administrative Complaint, and imposing as a penalty an

3495administrative fine of $2,500.00.

35006. Finding Respondent guilty of having violated Section

3508489.1425, Florida Statutes, Count Six of the Administrative

3516Complaint, and imposing as a penalty an administrative fine of

3526$500.00.

35277. Finding Respondent guilty of having violated Subsection

3535489.129(1)(g)3., Florida Statutes, Count Seven of the

3542Administrative Complaint, and imposing as a penalty an

3550administrative fine of $5,000.00 and restitution in the amount

3560of $1,975.81. 4

35648. Requiring Respondent to pay Petitioner’s costs of

3572investigation and prosecution, excluding costs associated with

3579an attorney’s time, in the amount of $511.93.

3587DONE AND ENTERED this 6th day of May, 2009, in Tallahassee,

3598Leon County, Florida.

3601S

3602DANIEL M. KILBRIDE

3605Administrative Law Judge

3608Division of Administrative Hearings

3612The DeSoto Building

36151230 Apalachee Parkway

3618Tallahassee, Florida 32399-3060

3621(850) 488-9675

3623Fax Filing (850) 921-6847

3627www.doah.state.fl.us

3628Filed with the Clerk of the

3634Division of Administrative Hearings

3638this 6th day of May, 2009.

3644ENDNOTES

36451/ All references to Florida Statutes are to Florida

3654Statutes (2007), unless otherwise indicated.

36592/ Amount paid to remove lien filed by Carpet Corner, Inc.

36703/ Amount of third draw, for which no work was performed.

36814/ Amount paid in excess of contract price plus amounts paid to

3693correct stucco and painting.

3697COPIES FURNISHED :

3700Ned Luczynski, General Counsel

3704Department of Business and

3708Professional Regulation

3710Northwood Centre

37121940 North Monroe Street

3716Tallahassee, Florida 32399-0792

3719G. W. Harrell, Executive Director

3724Construction Industry Licensing Board

3728Department of Business and

3732Professional Regulation

3734Northwood Centre

37361940 North Monroe Street

3740Tallahassee, Florida 32399-0792

3743Kyle Christopher, Esquire

3746Department of Business and

3750Professional Regulation

3752Northwood Centre

37541940 North Monroe Street, Suite 42

3760Tallahassee, Florida 32399-2202

3763Fred Bowyer

376573673 Shangrila Beach Road, R.R. No. 2

3772Zurich, Ontario, Canada M0N 2TO

3777NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

3783All parties have the right to submit written exceptions within

379315 days from the date of this Recommended Order. Any exceptions

3804to this Recommended Order should be filed with the agency that

3815will issue the Final Order in this case.

Select the PDF icon to view the document.
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Date
Proceedings
PDF:
Date: 05/06/2009
Proceedings: Recommended Order
PDF:
Date: 05/06/2009
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 05/06/2009
Proceedings: Recommended Order (hearing held March 18, 2009). CASE CLOSED.
PDF:
Date: 04/09/2009
Proceedings: Petitioner`s Proposed Recommended Order filed.
PDF:
Date: 03/31/2009
Proceedings: Letter to S. Koehnlein from K. Christopher regarding Request for Admissions filed.
PDF:
Date: 03/31/2009
Proceedings: Petitioner`s First Request for Admissions to Respondent filed.
Date: 03/30/2009
Proceedings: Transcript of Proceedings filed.
Date: 03/18/2009
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 03/11/2009
Proceedings: Order Accepting Qualified Representative.
PDF:
Date: 03/10/2009
Proceedings: Affidavit of Latoyia R. Adams filed.
PDF:
Date: 03/10/2009
Proceedings: Petitioner`s Motion to Accept Qualified Representative filed.
PDF:
Date: 03/09/2009
Proceedings: Petitioner`s List of Exhibits filed.
PDF:
Date: 03/06/2009
Proceedings: Notice of Transfer.
PDF:
Date: 03/03/2009
Proceedings: Notice of Transfer.
PDF:
Date: 02/09/2009
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 01/27/2009
Proceedings: Petitioner`s First Request for Admissions to Respondent filed.
PDF:
Date: 01/15/2009
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 01/15/2009
Proceedings: Notice of Hearing by Video Teleconference (hearing set for March 18, 2009; 9:00 a.m.; Tampa and Tallahassee, FL).
PDF:
Date: 01/15/2009
Proceedings: Notice of Transfer.
PDF:
Date: 01/15/2009
Proceedings: Letter to F. Bowyer from K. Christopher enclosing Petitioner`s Request for Admissions filed.
PDF:
Date: 01/15/2009
Proceedings: Petitioner`s First Request for Admissions to Respondent filed.
PDF:
Date: 01/14/2009
Proceedings: Unilateral Response to Initial Order filed.
PDF:
Date: 01/12/2009
Proceedings: Initial Order.
PDF:
Date: 01/09/2009
Proceedings: Election of Rights filed.
PDF:
Date: 01/09/2009
Proceedings: Administrative Complaint filed.
PDF:
Date: 01/09/2009
Proceedings: Agency referral filed.

Case Information

Judge:
DANIEL M. KILBRIDE
Date Filed:
01/09/2009
Date Assignment:
03/06/2009
Last Docket Entry:
05/06/2009
Location:
Tampa, Florida
District:
Middle
Agency:
Department of Business and Professional Regulation
 

Counsels

Related DOAH Cases(s) (3):

Related Florida Statute(s) (5):

Related Florida Rule(s) (2):