11-005348PL Florida Board Of Professional Engineers vs. Robert Wood, P.E.
 Status: Closed
Recommended Order on Tuesday, November 6, 2012.


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Summary: Petitioner proved that Respondent was negligent in the practice of engineering.

1RULINGS ON EXCEPTIONS

41. Respondent's exception termed as "General Exception to the ALJ's Findings Related

16to Counts 6A through 6E, Inclusive and Counts 7.A. through 7.E. of the Administrative

30Complaint" is hereby REJECTED as the administrative law judge's findings were based on

43competent substantial evidence.

462. Respondent's exceptions termed as "First Exception" through "Twentyth Exception"

56(sic) are hereby REJECTED as the administrative law judge's findings in those paragraphs were

70based on competent substantial evidence and for the reasons set forth in Petitioner's Response.

84FINDINGS OF FACT

871. The Findings of Fact set forth in the Recommended Order at approved and adopted

102and incorporated herein by reference.

1072. There is competent substantial evidence to support the Findings of Fact.

119CONCLUSIONS OF LAW

1221. The Board has jurisdiction of this matter pursuant to Section 120.57(1), Florida

135Statutes, and Chapter 471, Florida Statutes.

1412. The conclusions of law set forth in the Recommended Order are approved and adopted

156and incorporated herein by reference.

161DISPOSITION

162Upon a complete review of the record in this case, the Board detennines:

1751. Respondent's license shall be REPRIMANDED.

1812. Respondent shall pay a fine of $2,000.00, payable within thirty (30) days of this Final

198Order.

1993. Respondent's license is RESTRICTED from practicing structural engineering related

209to aluminwn structures, until such time as he passes and submits proof of passing the NCEES

225Civil Engineering Examination with the Structural Component, or completes ten (10) hours of

238Board approved continuing education in structural engineering related to aluminum structures

249and the Florida Building Code.

2544. Respondent's license shall then be placed on probation for a period of two (2) years

270from the date of filing of this Final Order. The terms of probation are:

284a. Respondent shall provide a detailed list of completed projects (sign, sealed,

296and dated) at the six (6) month and eighteen (18) month intervals of the term of probation.

313b. A FEMC Consultant will pick two (2) projects from each submitted list for

327review. Respondent is responsible for the Consultant's fee for reviewing the projects. If the

341Consultant provides an unfavorable review of a project, the review will go to the Probable Cause

357Panel for a determination of whether additional disciplinary proceedings shall be initiated.

369c. Respondent shall complete the Study Guide prepared by the Board of

381Professional Engineers regarding Chapter 471, Florida Statutes, and Rules of the Florida Board

394of Professional Engineers, and return the Study Guide to the Board at 2639 North Monroe St.,

410Suite B-112, Tallahassee FL 32303, within thirty (30) days of the date of this Final Order.

426d. Respondent shall complete a Board approved intermediate course in

436Engineering ProfessionallSDi and Ethics within one (1) year of the date of filing of this Final

452Order. Respondent shall submit a Certificate ofCotnpletion of the course prior to such date.

466This Final Order shall take effect upon being filed with the Clerk of the Department of

482Business an4 Professional Regulation.

486DONE AND ORDERED lhis 8t!L day of ft'14-{(Yf\\.. ,2013.

495BOARD OF PROFESSIONAL ENGINEERS

499NOTICE OF RIGHT TO JUDICIAL REVIEW

505A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED

517TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES.

526REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF

535APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING

543ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE

556FLORIDA ENGINEERS MANAGEMENT CORPORATION AND A SECOND COPY,

564ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT

574COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF

585APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE

595NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION

607OF THE ORDER TO BE REVIEWED.

613CERTIFICATE OF SERVICE

616I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

632provided by U.S. Mail to ROBERT WOOD, 2000 Sandpiper Point, Neptune Beach, Florida

64532266; to NicholasMartino, Esq. and Michael McCabe, Esq., 1400 Prudential Drive,

656Jacksonville, Florida 33156; to E. Gary Early, Administrative Law Judge, Division of

668Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida

67832399-3060; and by interoffice delivery to Michael T. Flury, Assistant Attorney General, PL-Ol

691The Capitol, Tallahassee FL 32399-1050; and John J. Rimes, III, FEMC, 2639 North Monroe

705St., Suite B-112, Tallahassee FL 32303 OfJlYltz,®l- ,2013.

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Date
Proceedings
PDF:
Date: 07/09/2013
Proceedings: Suggestion of Death filed.
PDF:
Date: 04/17/2013
Proceedings: Order Denying Stay.
PDF:
Date: 04/12/2013
Proceedings: Notice of Appeal filed.
PDF:
Date: 04/12/2013
Proceedings: Motion for Stay Pending Appellate Review filed.
PDF:
Date: 04/12/2013
Proceedings: (Agency) Final Order filed.
PDF:
Date: 04/12/2013
Proceedings: Respondent's Notice and Memorandum of Objections to the Recommended Order Entered in this Case filed.
PDF:
Date: 03/21/2013
Proceedings: Agency Final Order
PDF:
Date: 12/11/2012
Proceedings: Petitioner's Response to Respondent's Motion to Remand to the Division of Administrative Hearings for Further Evidentiary Proceedings Based Upon Newly Discovered Evidence filed.
PDF:
Date: 11/06/2012
Proceedings: Recommended Order
PDF:
Date: 11/06/2012
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 11/06/2012
Proceedings: Recommended Order (hearing held April 25, and June 26, 2012). CASE CLOSED.
PDF:
Date: 08/15/2012
Proceedings: Petitioner's Proposed Recommended Order filed.
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Date: 08/15/2012
Proceedings: Respondent's Proposed Recommended/Final Order filed.
PDF:
Date: 08/15/2012
Proceedings: Respondent's Proposed Recommended/Final Order filed.
PDF:
Date: 08/13/2012
Proceedings: Order Denying Motion for Receipt of Additional Documentary Evidence.
PDF:
Date: 08/13/2012
Proceedings: Respondent's Motion for Receipt of Additional Documentary Evidence filed.
PDF:
Date: 07/31/2012
Proceedings: Order Granting Extension of Time.
PDF:
Date: 07/30/2012
Proceedings: Respondent's Motion for Enlargement of Time to File Proposed Recommended Order filed.
Date: 07/23/2012
Proceedings: Transcript of Proceedings Volume III-IV (not available for viewing) filed.
PDF:
Date: 07/19/2012
Proceedings: Order Granting Motion for Official Recognition.
PDF:
Date: 07/18/2012
Proceedings: Order Granting Extension of Time.
PDF:
Date: 07/18/2012
Proceedings: Petitioner's Motion for Englargement of Time to File Proposed Recommended Orders filed.
PDF:
Date: 07/03/2012
Proceedings: Respondent's Motion for Official Recognition filed.
Date: 06/26/2012
Proceedings: CASE STATUS: Hearing Held.
Date: 06/20/2012
Proceedings: Transcript of Proceedings Volume I-II (not available for viewing) filed.
PDF:
Date: 05/08/2012
Proceedings: Order Denying Respondent`s Motion to Relinquish Jurisdiction.
PDF:
Date: 05/07/2012
Proceedings: Petitioner's Response to Respondent's Motion to Relinquish Jurisdiction to the Florida Board of Professional Engineers filed.
PDF:
Date: 05/03/2012
Proceedings: Respondent's Supplemental Memorandum in Support of the Motion to Relinquish Jurisdiction to the Florida Board of Professional Engineers filed.
PDF:
Date: 04/30/2012
Proceedings: Respondent's Motion to Relinquish Jurisdiction to the Florida Board of Professional Engineers filed.
PDF:
Date: 04/27/2012
Proceedings: Order Re-scheduling Hearing (hearing set for June 26, 2012; 10:00 a.m.; Jacksonville, FL).
Date: 04/25/2012
Proceedings: CASE STATUS: Hearing Partially Held; continued to June 26, 2012; 10:00 a.m.; Jacksonville, FL.
PDF:
Date: 04/23/2012
Proceedings: Order Granting Motion for Official Recognition.
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Date: 04/20/2012
Proceedings: Respondent's Motion for Official Recognition filed.
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Date: 04/19/2012
Proceedings: Corrected Order Granting Petitioner`s Motion to Preclude Admission of Documents Relating to Deposition.
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Date: 04/19/2012
Proceedings: Order Accepting Qualified Representative.
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Date: 04/18/2012
Proceedings: Notice of England Reservation filed.
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Date: 04/18/2012
Proceedings: Request for Designation as a Qualified Representative filed.
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Date: 04/18/2012
Proceedings: Notice of Appearence of Counsel (Nicholas Martino) filed.
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Date: 04/18/2012
Proceedings: Amended Notice of Hearing (hearing set for April 25, 2012; 9:00 a.m.; Jacksonville, FL; amended as to Date).
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Date: 04/18/2012
Proceedings: Order Denying Stay.
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Date: 04/18/2012
Proceedings: Order Granting Petitioner's Motion to Preclude Admission of Documents Relating to Deposition.
PDF:
Date: 04/18/2012
Proceedings: Respondent's Notice of Filing Affidavit of Stacey L. Harbeson filed.
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Date: 04/18/2012
Proceedings: Respondent's Memorandum in Response to the Petitioner's Motion to Exclude Documentary Evidence filed.
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Date: 04/17/2012
Proceedings: Petitioner's Motion to Preclude Admission of Documents Relating to Deposition filed.
PDF:
Date: 04/17/2012
Proceedings: Supplemental Joint Pre-hearing Stipulation filed.
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Date: 04/17/2012
Proceedings: Joint Pre-hearing Stipulation filed.
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Date: 04/16/2012
Proceedings: Petitioner's Notice of Taking Deposition of Respondent's Expert (of J. Martin) filed.
PDF:
Date: 04/12/2012
Proceedings: Respondent?s Reply to Petitioner?s Response in Opposition to Staying These Proceedings filed.
PDF:
Date: 04/11/2012
Proceedings: Petitioner's Response to Respondent's Motion for Stay of These Proceedings filed.
PDF:
Date: 04/10/2012
Proceedings: Order Denying [Second] Motion for Official Recognition.
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Date: 04/10/2012
Proceedings: Order Denying Motion for Official Recognition.
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Date: 04/10/2012
Proceedings: Order Denying Respondent`s Motion in Limine/Request for "Frye" Hearing.
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Date: 04/10/2012
Proceedings: Respondent's Motion for Official Recognition filed.
PDF:
Date: 04/09/2012
Proceedings: Petitioner's Response to Respondent's Motion in Limine/Request For "Frye" Hearing filed.
PDF:
Date: 04/09/2012
Proceedings: Petitioner's Response to Respondent's Motion for Official Recognition filed.
PDF:
Date: 04/06/2012
Proceedings: Respondent's Motion for Official Recognition filed.
PDF:
Date: 04/06/2012
Proceedings: Respondent's Motion in Limine/Request for "Frye" Hearing filed.
PDF:
Date: 04/06/2012
Proceedings: Respondent's Motion for a Stay of the Proceedings filed.
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Date: 03/30/2012
Proceedings: Petitioner's Response to Respondent's Motion for Summary Final Order filed.
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Date: 03/30/2012
Proceedings: Order Denying Respondent`s Motion for Summary Final Order.
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Date: 03/30/2012
Proceedings: Order Denying Continuance of Final Hearing.
PDF:
Date: 03/30/2012
Proceedings: Respondent's First Motion to Continue Final Hearing (with attachment) filed.
PDF:
Date: 03/30/2012
Proceedings: Respondent's First Motion to Continue Final Hearing filed.
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Date: 03/28/2012
Proceedings: Respondent's Motion for Summary Final Order filed.
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Date: 03/13/2012
Proceedings: Order on Outstanding Motions.
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Date: 03/12/2012
Proceedings: Respondent's Motion for Official Recognition filed.
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Date: 03/12/2012
Proceedings: Respondent's Motion for Bifurcated Hearing filed.
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Date: 03/12/2012
Proceedings: Respondent?s Memorandum in Opposition to Petitioner?s Motion to Strike Affirmative Defenses filed.
PDF:
Date: 03/09/2012
Proceedings: Petitioner's Motion to Strike Affirmative Defenses filed.
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Date: 03/08/2012
Proceedings: Order Granting Motion for Leave to File an Amended Answer and Affirmative Defenses.
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Date: 03/08/2012
Proceedings: Amended Order of Pre-hearing Instructions.
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Date: 03/07/2012
Proceedings: Notice of Transfer.
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Date: 02/27/2012
Proceedings: Third Amended Answer and Statement of Affirmative Defenses filed.
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Date: 02/27/2012
Proceedings: Respondent's Motion for Leave to File an Amended Answer and Affirmative Defenses filed.
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Date: 01/31/2012
Proceedings: Respondent's Notice of Withdrawal of Motion to Compel Answers to Interrogatories and for Leave to File Additional Requests for Admission filed.
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Date: 01/30/2012
Proceedings: Second Amended Answer and Statement of Affirmative Defenses filed.
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Date: 01/30/2012
Proceedings: Respondent's Motion for Leave to Amend Second Amended Answer and Affirmative Defenses filed.
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Date: 01/17/2012
Proceedings: Order Re-scheduling Hearing (hearing set for April 25 through 27, 2012; 9:30 a.m.; Jacksonville, FL).
PDF:
Date: 01/11/2012
Proceedings: Petitioner's Response to Respondent's Motion for Leave to Serve Additional Requests for Admission and to Compel Answers to Interrogatories filed.
PDF:
Date: 01/09/2012
Proceedings: Petitioner's Response to Respondent's Second Set of Interrogatories to Petitioner filed.
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Date: 01/06/2012
Proceedings: Joint Response to Order Requiring Joint Response filed.
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Date: 01/05/2012
Proceedings: Respondent's Motion for Leave to Serve Additional Requests for Admission and Motion to Compel Answers to Interrogatories filed.
PDF:
Date: 01/04/2012
Proceedings: Respondent's Notice of Withdrawal of Requests for Admissions filed.
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Date: 01/04/2012
Proceedings: Order Requiring Joint Response.
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Date: 01/03/2012
Proceedings: Petitoner's Response to Respondent's Second Request for Admissions and Motion for Protective Order filed.
PDF:
Date: 12/29/2011
Proceedings: Respondent?s Unilateral Response to Order Granting Continuance filed.
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Date: 12/22/2011
Proceedings: Petitioner's Response to Order Granting Continuance filed.
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Date: 12/22/2011
Proceedings: Petitioner's Response to Respondent's Third and Fourth Production of Documents filed.
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Date: 12/20/2011
Proceedings: Petitioner's Response to First Set of Interrogatories to Petitioner filed.
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Date: 12/19/2011
Proceedings: Order Granting Continuance (parties to advise status by December 30, 2011).
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Date: 12/16/2011
Proceedings: Respondent's Notice of Stipulation to Petitioner's Pre-hearing Unilateral Filing filed.
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Date: 12/16/2011
Proceedings: Response to Petitioner's Motion to Cancel and Reschedule Final Hearing filed.
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Date: 12/16/2011
Proceedings: Unilateral Pre-hearing Stipulation filed.
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Date: 12/16/2011
Proceedings: Notice of Filing Unilateral Pre-hearing Stipulation filed.
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Date: 12/14/2011
Proceedings: Motion to Cancel and Reschedule Final Hearing filed.
PDF:
Date: 12/12/2011
Proceedings: Respondent's Second Request for Admissions filed.
PDF:
Date: 12/12/2011
Proceedings: Respondent's Notice of Serving Second Set of Interrogatories to Petitioner filed.
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Date: 12/07/2011
Proceedings: Petitioner's Motion for Official Recognition filed.
PDF:
Date: 12/07/2011
Proceedings: Respondent?s Objection to Petitioner?s Motion for Official Recognition filed.
PDF:
Date: 12/07/2011
Proceedings: Petitioner's Motion for Official Recognition filed.
PDF:
Date: 11/30/2011
Proceedings: Respondent's (Amended) Notice of Taking Videotaped Deposition Duces Tecum of Petitioner's Expert filed.
PDF:
Date: 11/30/2011
Proceedings: Respondent's Notice of Taking Videotaped Deposition Duces Tecum of Petitioner's Expert (J. Berryman) filed.
PDF:
Date: 11/30/2011
Proceedings: Order on Respondent`s Motions for Official Recognition.
PDF:
Date: 11/30/2011
Proceedings: Notice of Cancellation of Deposition (of J. Berryman) filed.
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Date: 11/29/2011
Proceedings: Respondent's Fourth Request for Production of Documents filed.
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Date: 11/29/2011
Proceedings: Petitioner's Response to Respondent's Second Request for Production of Documents filed.
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Date: 11/28/2011
Proceedings: Respondent's Third Request for Production of Documents filed.
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Date: 11/21/2011
Proceedings: Respondent's Notice of Serving First Set of Interrogatories to Petitioner filed.
PDF:
Date: 11/21/2011
Proceedings: Respondent's Notice of Taking Deposition Duces Tecum of Petitioner's Expert (J. Berryman) filed.
PDF:
Date: 11/17/2011
Proceedings: Respondent's Motion for Official Recognition filed.
PDF:
Date: 11/10/2011
Proceedings: Petitioner's Response to Respondent's Motion for Official Recognition filed.
PDF:
Date: 11/10/2011
Proceedings: Petitioner's Response to Respondent's First Request for Admissions filed.
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Date: 11/08/2011
Proceedings: Order on Motion to Transfer Venue.
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Date: 11/07/2011
Proceedings: Petitioner's Response to Respondent's Motion to Transfer Venue filed.
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Date: 11/04/2011
Proceedings: Respondent's Motion for Official Recognition filed.
PDF:
Date: 11/01/2011
Proceedings: Respondent's Motion to Transfer Venue filed.
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Date: 11/01/2011
Proceedings: Respondent's Second Request for Production of Documents filed.
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Date: 10/27/2011
Proceedings: Petitioner's Response to Respondent's Amended First Request for Production of Documents filed.
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Date: 10/27/2011
Proceedings: Order of Pre-hearing Instructions.
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Date: 10/27/2011
Proceedings: Notice of Hearing by Video Teleconference (hearing set for December 22, 2011; 9:30 a.m.; Jacksonville and Tallahassee, FL).
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Date: 10/27/2011
Proceedings: Notice of Transfer.
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Date: 10/26/2011
Proceedings: Petitioner's Response to Respondent's Memorandum of Law Re: Venue filed.
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Date: 10/26/2011
Proceedings: Respondent's Memorandum of Law Re: Venue filed.
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Date: 10/26/2011
Proceedings: Respondent's Unilateral Response to Initial Order filed.
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Date: 10/25/2011
Proceedings: Unilateral Response to Initial Order filed.
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Date: 10/25/2011
Proceedings: Unilateral Response to Initial Order filed.
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Date: 10/24/2011
Proceedings: Unilateral Response to Initial Order filed.
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Date: 10/24/2011
Proceedings: Respondent's First Request for Admissions filed.
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Date: 10/24/2011
Proceedings: Respondent's Amended First Request for Production of Documents filed.
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Date: 10/21/2011
Proceedings: Order Denying Respondent`s Motion for Expedited Discovery.
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Date: 10/21/2011
Proceedings: Respondent's Motion for Expedited Discovery filed.
PDF:
Date: 10/21/2011
Proceedings: Respondent's First Request for Production of Documents filed.
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Date: 10/19/2011
Proceedings: Initial Order.
PDF:
Date: 10/19/2011
Proceedings: Amended Answer and Statement of Affirmative Defenses filed.
PDF:
Date: 10/19/2011
Proceedings: Amended Answer and Statement of Affirmative Defenses filed.
PDF:
Date: 10/18/2011
Proceedings: Notice of Appearance, Request for Opportunity to Discuss a Settlement ad Notice of Filing Alternative Request for Administrative Hearing Involving Disputed Issues of Material Fact filed.
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Date: 10/18/2011
Proceedings: Administrative Complaint filed.
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Date: 10/18/2011
Proceedings: Agency referral filed.

Case Information

Judge:
E. GARY EARLY
Date Filed:
10/18/2011
Date Assignment:
03/07/2012
Last Docket Entry:
07/09/2013
Location:
Jacksonville, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related DOAH Cases(s) (3):

Related Florida Statute(s) (18):

Related Florida Rule(s) (9):