16-002845PL Department Of Business And Professional Regulation, Construction Industry Licensing Board vs. Michael E. Seamon
 Status: Closed
Recommended Order on Wednesday, October 5, 2016.


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Summary: Petitioner proved that Respondent failed to obtain an electrical permit and acted beyond the scope of his pool contractor license in disconnecting, reconnecting, and energizing pool lights in conjunction with their replacement.

1For Respondent: Fred R. Dudley, Esquire

7Dudley, Sellers, Healy & Heath, P.L.

13Sun Trust Financial Center, Suite 301

193522 Thomasville Road

22Tallahassee, Florida 32308

25Upon review of the Recommended Order, and having heard argument of the parties and

39after a review of the complete record in this case, the Board makes the following findings and

56conclusions:

57EXCEPTIONS

581. Neither Respondent nor Petitioner filed Exceptions to the Recommended Order's

69Findings of Fact.

722. Respondent filed three (3) Exceptions to the Recommended Order's Conclusions of Law

85and one (1) Exception to the Recommended Penalty (attached hereto as Exhibit "B").

993. Petitioner filed a Response to Respondent's Exceptions (attached hereto as Exhibit "C").

1134. Respondent's Exception 1: Respondent takes exception to Conclusion of Law #49

125arguing that it is not supported by Finding of Fact #6. Respondent's Exception 1 is DENIED.

1415. Respondent's Exception 2: Respondent takes exception to Conclusions of Law #33 and

154#52 arguing that Petitioner failed to prove the charges by "clear and convincing evidence" in

169light of Conclusion of Law #38 and Findings of Fact #17, #19, and #22. Respondent's

184Exception 2 is DENIED.

1886. Respondent's Exception 3: Respondent takes exception to Conclusion of Law #36 and

201#3 7 as they relate to "harmonizing" the applicable statutes. Respondent's Exception 3 is

215DENIED.

2167. Respondent's Exception 4: Respondent takes exception to imposition of the

227recommended penalties arguing lack of notice. Respondent's Exception 4 is DENIED.

238FINDINGS OF FACT

2418. There is competent, substantial evidence to support the Findings of Fact made in the

256Recommended Order.

2589. Accordingly, the Findings of Fact set forth in the Recommended Order are hereby

272approved, adopted, and incorporated by reference as the Findings of Fact of the Board.

286CONCLUSIONS OF LAW

28910. The Board has personal and subject matter jurisdiction of this cause pursuant to sections

304120.569; 120.57(1); and Chapters 455; 489, Florida Statutes.

31211. The Board does not find a more reasonable interpretation of the law than that which was

329found by the_ Administrative Law Judge.

33512. Accordingly, the Conclusions of Law set forth in the Recommended Order are approved,

349adopted and incorporated herein by reference.

355WHEREFORE, based on the Findings of Facts and Conclusions of Law, the

367Administrative Law Judge's Recommendation is ACCEPTED.

373WHEREFORE, it is hereby ORDERED and ADJUDGED that the following penalty is

385imposed against the Respondent:

38913. Respondent shall pay an administrative fine in the amount of $5,000.00. The fines shall

405be paid within thirty (30) days after the date of filing of the Final Order. Payments should be

423made payable to the "Department of Business and Professional Regulation," and sent to the

437Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee,

448Florida 32399-1039. To proper credit, the Respondent's name, case number, and reason

460for payment should be included.

46514. In addition, Respondent shall complete seven (7) additional credit hours of live

478continuing education which must be related specifically to Chapter 489 and related rules, within

492one (1) year. The seven (7) hours ordered shall be in addition to the continuing education

508required by Rule 61G4-18.001, F.A.C. Proof of the seven (7) additional hours must be supplied

523directly to Executive Director of the Construction Industry Licensing Board at P.O. Box 5257,

537Tallahassee, FL 32314-5257. Failure to provide such proof direct to the Executive Director will

551result in a violation of this Order.

55815. A change in licensure status, including the suspension, revocation, voluntary

569relinquishment, or involuntary relinquishment of license does not relieve Respondent of the

581obligation to pay any fines, costs, interest or restitution imposed in this Order.

594This Final Order shall become effective upon filing with the Clerk of the

607Department of Business and Professional Regulation.

613DONE AND ORDERED this ____ 2017.

619CHRISTOPHER M. COBB, Esq., Chair

624Construction Industry Licensing Board

628NOTICE OF RIGHT TO JUDICIAL REVIEW

634A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO

647JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW

656PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE

665PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A

676NOTICE OF APPEAL THE AGENCY CLERK OF THE DEPARTMENT OF

686BUSINESS AND PROFESSIONAL REGULATION AND A SECOND COPY,

694ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT

704COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL

716IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF

727APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF RENDITION OF THE ORDER

740TO BE REVIEWED.

743CERTIFICATE OF SERVICE

746I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been

762provided by U.S. Mail to: MICHAEL E. SEAMON, 1410 Thurso Rd., Lynn Haven, FL 32444

777and Fred R. Dudley, Esq., Dudley, Sellers, Healy, & Heath, P.I., SunTrust Financial Center,

791Suite 301, 3522 Thomasville Rd., Tallahassee, FL 32308; and by hand/interoffice delivery to the

805Construction Industry Licensing Board, P.O. Box 5257, Tallahassee, FL 32314-5257; Ian

816Brown, Chief Construction Attorney, Office of the General Counsel, 2601 Blair Stone Road,

829Tallahassee, Florida 32399-1039, and Rachel W. Clark, Assistant Attorney General, PL-01, The

841Capitol, Tallahassee, Florida 32399-1 050, this day of ('f\\t:A. , 2017.

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Date
Proceedings
PDF:
Date: 03/29/2017
Proceedings: Agency Final Order
PDF:
Date: 03/29/2017
Proceedings: Agency Final Order
PDF:
Date: 03/29/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 10/05/2016
Proceedings: Recommended Order
PDF:
Date: 10/05/2016
Proceedings: Recommended Order (hearing held July 27, 2016). CASE CLOSED.
PDF:
Date: 10/05/2016
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 09/06/2016
Proceedings: Petitioner's Proposed Recommended Order filed.
PDF:
Date: 09/06/2016
Proceedings: Proposed Recommended Order filed.
PDF:
Date: 09/01/2016
Proceedings: Order Granting Extension of Time.
PDF:
Date: 09/01/2016
Proceedings: Petitioner's Motion for Extension of Time filed.
Date: 08/18/2016
Proceedings: Transcript of Proceedings (not available for viewing) filed.
PDF:
Date: 07/28/2016
Proceedings: Oath Taken for Purpose of Testimony in Final Hearing (confirmation) filed.
Date: 07/27/2016
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 07/26/2016
Proceedings: Order Granting Motion to Withdraw.
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Date: 07/25/2016
Proceedings: Motion to Withdraw as Counsel for Roy Lenois filed.
PDF:
Date: 07/22/2016
Proceedings: Order Denying Motion to Quash Subpoena and for Protective Order as Moot.
PDF:
Date: 07/22/2016
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 07/20/2016
Proceedings: Motion to Quash Subpoena and for Protective Order filed.
PDF:
Date: 07/20/2016
Proceedings: Affidavit of Roy Lenois in Support Motion to Quash Subpoena and for Protective Order filed.
PDF:
Date: 07/20/2016
Proceedings: Notice of Service of Petitioner's Exhibits filed.
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Date: 07/20/2016
Proceedings: Notice of Appearance (Robert Milne) filed.
PDF:
Date: 07/18/2016
Proceedings: Notice of Taking Deposition - Telephonically (Edward Weller) filed.
PDF:
Date: 07/18/2016
Proceedings: Notice of Filing (Return of Service - Larry Carnley) filed.
PDF:
Date: 07/18/2016
Proceedings: Order Denying Motion to Quash and for Protective Order.
PDF:
Date: 07/18/2016
Proceedings: Petitioner's Motion to Quash Respondent's Notice of Taking Deposition Duces Tecum and for Protective Order filed.
PDF:
Date: 07/15/2016
Proceedings: Notice of Taking Telephonic Deposition (Paul Del Vecchio) filed.
PDF:
Date: 07/15/2016
Proceedings: Petitioner's Answers to Respondent's Request for Interrogatories filed.
PDF:
Date: 07/15/2016
Proceedings: Petitioner's Answers to Respondent's Request for Admissions filed.
PDF:
Date: 07/15/2016
Proceedings: Petitioner's Motion to Quash Respondent's Notice of Taking Deposition Duces Tecum and for Protective Order filed.
PDF:
Date: 07/13/2016
Proceedings: Respondent's Notice of Taking Deposition Duces Tecum (of Corporate Representative for DBPR) filed.
PDF:
Date: 07/13/2016
Proceedings: Respondent's Final Witness List filed.
PDF:
Date: 07/12/2016
Proceedings: Petitioner's Witnesses filed.
PDF:
Date: 07/12/2016
Proceedings: Notice of Taking Deposition (of John Garner) filed.
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Date: 07/12/2016
Proceedings: Notice of Taking Deposition (of David Pruette) filed.
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Date: 07/12/2016
Proceedings: Notice of Taking Deposition (of Clarence Tibbs) filed.
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Date: 07/11/2016
Proceedings: Order Granting Motion to Allow Witness to Testify by Telephone or Deposition.
PDF:
Date: 07/08/2016
Proceedings: Notice of Court Reporter filed.
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Date: 07/08/2016
Proceedings: Petitioner's Motion to Allow Witness to Testify by Telephone or in the Alternative use Deposition Against Respondent in Formal Hearing filed.
PDF:
Date: 07/08/2016
Proceedings: Notice of Filing (Return of Service on Roy Lenois) filed.
PDF:
Date: 07/07/2016
Proceedings: Petitioner's Response to Respondent's Motion for Leave to Amend filed.
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Date: 07/06/2016
Proceedings: Respondent's Expert Witness Disclosure filed.
PDF:
Date: 07/06/2016
Proceedings: Order Denying Motion to Quash Subpoena and for Protective Order.
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Date: 07/06/2016
Proceedings: Order Granting Leave to Amend.
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Date: 07/06/2016
Proceedings: Order Granting Motion to Use Deposition.
PDF:
Date: 07/05/2016
Proceedings: Notice of Service of Respondent's Supplemental Response to Petitioner's Request for Admissions filed.
PDF:
Date: 07/05/2016
Proceedings: Notice of Disclosing Petitioner's Expert Witnesses filed.
PDF:
Date: 07/05/2016
Proceedings: Petitioner's Motion to Quash Subpoena and for Protective Order filed.
PDF:
Date: 07/05/2016
Proceedings: Respondent's Response to Petitioner's Motion to Use Deposition Against Respondent in Formal Hearing filed.
PDF:
Date: 07/05/2016
Proceedings: Respondent's Motion for Leave to Amend Petition for Administrative Hearing filed.
PDF:
Date: 07/01/2016
Proceedings: Notice of Taking Deposition Duces Tecum (of Roy Lenois) filed.
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Date: 06/30/2016
Proceedings: Order Granting Petitioner's Motion to Compel Responses.
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Date: 06/29/2016
Proceedings: Respondent's Response to Petitioner's Motion to Compel filed.
PDF:
Date: 06/29/2016
Proceedings: Respondent's Response to Petitioner's Motion to Compel filed.
PDF:
Date: 06/29/2016
Proceedings: Respondent's Response to Petitioner's Motion to Compel filed.
PDF:
Date: 06/27/2016
Proceedings: Notice of Taking Deposition (of Michael Seamon) filed.
PDF:
Date: 06/27/2016
Proceedings: Petitioner's Motion to Use Deposition Against Respondent in Formal Hearing filed.
PDF:
Date: 06/27/2016
Proceedings: Petitioner's Motion to Compel Responses to its First Request for Admissions and Production filed.
PDF:
Date: 06/24/2016
Proceedings: Respondent's Request for Admissons to Petitioner, Florida Department of Business and Professional Regulation, Construction Industry Licensing Board filed.
PDF:
Date: 06/24/2016
Proceedings: Respondent's First Interrogatories to Petitioner filed.
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Date: 06/22/2016
Proceedings: Notice of Service of Respondent's Answers and Responses to Discovery Propounded by Petitioner filed.
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Date: 06/20/2016
Proceedings: Respondent's Response to Petitioner's First Request for Production filed.
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Date: 06/20/2016
Proceedings: Order Denying Motion for More Definite Statement.
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Date: 06/20/2016
Proceedings: Petitioner's Response to Respondent's Motion for More Definite Statement filed.
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Date: 06/17/2016
Proceedings: Respondent's Motion for More Definite Statement filed.
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Date: 06/15/2016
Proceedings: Notice of Taking Deposition (John Patronis) filed.
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Date: 06/08/2016
Proceedings: Order of Pre-hearing Instructions.
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Date: 06/08/2016
Proceedings: Notice of Hearing (hearing set for July 27, 2016; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 06/01/2016
Proceedings: Letter to Judge Early from Fred Dudley regarding ruling and instructions during conference call filed.
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Date: 06/01/2016
Proceedings: Amended Notice of Telephonic Pre-hearing Conference (pre-hearing conference set for June 1, 2016; 11:30 a.m., Eastern Time; 10:30 a.m., Central Time).
Date: 06/01/2016
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
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Date: 06/01/2016
Proceedings: Notice of Telephonic Pre-hearing Conference (set for June 1, 2016; 11:00 a.m., Eastern Time; 10:00 a.m., Central Time).
PDF:
Date: 05/31/2016
Proceedings: Respondent's Unilateral Response to Inital Order and Motion for Stay of Proceedings filed.
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Date: 05/27/2016
Proceedings: Petitioner's Unilateral Response to the Initial Order filed.
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Date: 05/24/2016
Proceedings: Notice of Appearance (Daniel Brackett) filed.
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Date: 05/23/2016
Proceedings: Initial Order.
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Date: 05/23/2016
Proceedings: Petitioner's Notice of Service of First Request for Interrogatories, Request for Admissions, and First Request for Production filed.
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Date: 05/23/2016
Proceedings: Respondent's Petition for Formal Administrative Hearing filed.
PDF:
Date: 05/23/2016
Proceedings: Respondent's Motion to Dismiss Count One of Amended Administrative Complaint filed.
PDF:
Date: 05/23/2016
Proceedings: Amended Administrative Complaint filed.
PDF:
Date: 05/23/2016
Proceedings: Agency referral filed.

Case Information

Judge:
E. GARY EARLY
Date Filed:
05/23/2016
Date Assignment:
05/23/2016
Last Docket Entry:
03/29/2017
Location:
Tallahassee, Florida
District:
Northern
Agency:
Other
Suffix:
PL
 

Counsels

Related Florida Statute(s) (15):

Related Florida Rule(s) (1):