94-006975 Richard W. Gardner And Pestagon Termite And Pest Management., Inc. vs. Department Of Agriculture And Consumer Services
 Status: Closed
Recommended Order on Tuesday, May 23, 1995.


View Dockets  
Summary: There was sufficient evidence to show violation of Section 482.161(1)(f), Florida Statutes.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8RICHARD W. GARDNER, PESTAGON )

13TERMITE AND PEST MANAGEMENT, INC., )

19)

20Petitioner, )

22)

23vs. ) CASE NO. 94-6975

28)

29DEPARTMENT OF AGRICULTURE AND )

34CONSUMER SERVICES, )

37)

38Respondent. )

40___________________________________)

41RECOMMENDED ORDER

43Upon due notice, William R. Cave, Hearing Officer, Division of

53Administrative Hearings held a formal hearing in this matter on March 28, 1995,

66in Sarasota, Florida.

69APPEARANCE

70For Petitioner: Gary M. Glassman, Esquire

762100 South Tamiami Trail

80Sarasota, Florida 34239

83For Respondent: Robert G. Worley, Esquire

89Department of Agriculture and

93Consumer Services

95515 Mayo Building

98Tallahassee, Florida 32399-0800

101STATEMENT OF THE ISSUE

105Should Petitioner's identification card be revoked, suspended or otherwise

114disciplined based on the allegations contained in the Notice Of Intent To Impose

127Warning Letter dated September 20, 1994?

133PRELIMINARY STATEMENT

135On September 20, 1994, Respondent Department of Agriculture and Consumer

145Services (Department) issued a Notice Of Intent To Impose Warning Letter wherein

157the Department alleged that Petitioner had failed to report visible and

168accessible evidence of and damage caused by wood-destroying organisms on Form

1791145 Wood-Destroying Organisms Inspection Report in accordance with Section

188482.226(1), Florida Statutes, and Rule 5E-14.142(2)(c), Florida Administrative

196Code, in violation of Section 482.161(1)(f), Florida Statutes. On October 7,

2071994, Petitioner disputed the factual allegations and requested a formal

217hearing. By letter dated December 15, 1994, the Department referred

227Petitioner's request for formal hearing to the Division of Administrative

237Hearings (Division) for the assignment of a Hearing Officer and conduct of a

250hearing.

251The parties stipulated that Pestagon Termite & Pest Management, Inc.

261(Pestagon) is not a party to this proceeding but was included in the style of

276the case for the purpose of identifying the licensed business which employed

288Petitioner. Additionally, the parties stipulated that the Department had the

298burden of going forward with the proof, notwithstanding that Richard W. Gardner

310was named as Petitioner.

314Petitioner testified on his own behalf and presented the testimony of Roger

326Mensing. Petitioner did not offer any documentary evidence. The Department

336presented the testimony of Ronald P. Forshee and Thane R. Beehler, Sr. The

349Department's exhibits 1 through 8 were received as evidence.

358A transcript of this proceeding was filed with the Division on April 20,

3711995. The parties timely filed their Proposed Recommended Orders. A ruling on

383each proposed finding of fact submitted by the parties has been made as

396reflected in an Appendix to the Recommended Order.

404FINDINGS OF FACT

407Upon consideration of the oral and documentary evidence adduced at the

418hearing, the following relevant findings of fact are made:

4271. At all times material to this proceeding, Petitioner Richard W. Gardner

439was an employee of Pestagon Termite and Pest Management, Inc. and the holder of

453an identification card issued by the Department in accordance with Section

464482.091, Florida Statutes, which authorized Petitioner to perform inspections of

474structures for wood-destroying organisms.

4782. Petitioner has been an identification cardholder for approximately six

488and one-half years and during that time has received special training in the

501detection and control of wood-destroying organisms.

5073. In accordance with instructions from his employer, Pestagon, Petitioner

517performed an inspection for wood-destroying organisms of a residence located at

5281550 Wilson Road, Sarasota, Florida on February 16, 1993. The inspection was

540made at the request of the realtor in connections with the sale of the residence

555where the termite inspection was a condition to the closing of the sale.

5684. After completing his inspection of the premises for wood-destroying

578organisms, Petitioner issued a Wood-Destroying Organisms Inspection Report in

587accordance with Section 482.226, Florida Statutes, and Rule 5E-14.142(2)(c),

596Florida Administrative Code. Petitioner's report was what is commonly referred

606to as a "clean report", i.e. showing no evidence of wood-destroying organisms,

618no visible damage and no evidence of previous treatment.

6275. Ronald P. Forshee, purchaser in the real estate transaction, relied on

639Petitioner's report, among other things, and purchased the residence.

6486. Sometime around mid-February, 1994, Forshee encountered swarming

656termites in several rooms in his residence. Several pest control companies,

667including Pestagon, inspected the residence and confirmed that there was a

678termite infestation. None of the pest control companies who inspected the

689residence gave a definite time period when the termites may have first infested

702the Forshee residence.

7057. On March 6, 1994, Forshee filed a complaint against the Petitioner with

718the Department.

7208. In response to the complaint filed by Forshee, Thane Beehler, inspector

732for the Department, inspected the residence on April 15, 1994, and May 19, 1994,

746and discovered evidence of subterranean termites.

7529. Beehler found visible signs (mud tunnels) of termite infestation by

763looking through a vent to the underside of the residence. The vent would have

777been accessible to Petitioner at the time of his inspection of the Forshee

790residence on February 16, 1993.

79510. Beehler's size prevented him from crawling throughout the underside of

806the residence without some excavation because of a low floor joist. Although

818Beehler did not find any visible evidence of termites in the area where he

832crawled, a distance of 20 - 25 feet, he was able to see mud tunnels, both in use

850and abandoned, beyond where he crawled. In order to get photographs of the

863termite infestation beyond where Beehler crawled, and not require excavation,

873Forshee crawled under the floor joist and took photographs with Beehler's

884camera. This area was accessible to Petitioner on February 16, 1993, when he

897made his inspection of the Forshee residence.

90411. While there is insufficient evidence to establish the exact time the

916Forshee residence was infected with subterranean termites, there is sufficient

926evidence to show that the termite infestation observed by Beehler at the time of

940his inspection of the Forshee residence on April 15, 1994, and May 19, 1994, had

955been present at the Forshee residence no less than three to five years.

96812. There is sufficient evidence to show that the termite infestation

979observed by Beehler at the Forshee residence on April 15, 1994, and May 19,

9931994, existed, and was visible from areas accessible to Petitioner, at the time

1006Petitioner made his inspection of the Forshee residence on February 16, 1993.

1018CONCLUSIONS OF LAW

102113. The Division of Administrative Hearings has jurisdiction over the

1031parties to, and the subject matter of, this proceeding pursuant to Section

1043120.57(1), Florida Statutes.

104614. Pertinent to this case, Section 482.161(1)(f), Florida Statutes,

1055provides:

1056(1) The department may issue a written warning

1064to or fine a licensee, certified operator,

1071limited certificateholder, identification

1074cardholder, or special identification cardholder

1079or may suspend, revoke, or stop the issuance or

1088renewal of any license, certificate, limited

1094certificate identification card, or special

1099identification card coming within the scope

1105of this chapter, in accordance with chapter

1112120, upon any one or more of the following

1121grounds as the same may be applicable:

1128* * *

1131(f) Performing pest control in a negligent manner.

113915. Section 482.021(20)(b), Florida Statutes, includes in the definition

1148of pest control the identification of or inspection for infestations or

1159infections in, on, or under a structure, lawn, or ornamental.

116916. In accordance with its authority to adopt rules under Section 482.051,

1181Florida Statutes, the Department adopted Rule 5E-142(2)(c), Florida

1189Administrative Code, which in pertinent part provides:

1196(2) Reports:

1198* * *

1201(c) Termite or other wood-destroying organisms

1207inspection report:

1209* * *

1212The licensee shall inspect for all wood-

1219destroying organisms as defined in Chapter

1225482.021(27), F.S., in accordance with the

1231following inspection standards:

1234(1) The inspection will include all areas

1241accessible by normal means but does not cover

1249those areas that are enclosed or inaccessible,

1256areas concealed by wall coverings, floor coverings,

1263furniture, equipment, stored articles, insulation,

1268or any portion of the structure in which inspection

1277would necessitate removing or defacing any part

1284of the structure.

1287(2) The inspection will be visible but may

1295include probing and sounding of structural members

1302as deemed necessary by the inspector, based upon

1310a preliminary finding of visual evidence of

1317infestation or damage.

132017. In a disciplinary proceeding, the burden is upon the regulatory agency

1332to establish facts upon which its allegations of misconduct are based. Balino

1344v. Department of Health and Rehabilitative Services, 348 So.2d 349 (1st DCA Fla.

13571977). The Department must prove the material allegations of the Notice Of

1369Intent To Impose Warning Letter by clear and convincing evidence. Ferris v.

1381Turlington, 510 So.2d 292 (Fla. 1987). The Department has met its burden in

1394this regard. It is clear from the record, using the standard set out in Rule

14095E-142(2)(c), Florida Administrative Code, that Petitioner performed the

1417inspection of the Forshee residence in a negligent manner in violation of

1429Section 482.161(1)(f), Florida Statutes.

1433RECOMMENDATION

1434Based on the foregoing Findings of Fact and Conclusions of Law, it is

1447recommended that the Department enter a final order finding Petitioner guilty of

1459violating Section 482.161(1)(f), Florida Statutes. It is further recommended,

1468after considering Section 482.161(7), Florida Statutes, that for such violation

1478Petitioner be required to pay an administrative fine of $500.

1488DONE AND ENTERED this 23rd day of May, 1995, in Tallahassee, Florida.

1500___________________________________

1501WILLIAM R. CAVE, Hearing Officer

1506Division of Administrative Hearings

1510The DeSoto Building

15131230 Apalachee Parkway

1516Tallahassee, Florida 32399-1550

1519(904) 488-9675

1521Filed with the Clerk of the

1527Division of Administrative Hearings

1531this 23rd day of May, 1995.

1537APPENDIX TO RECOMMENDED ORDER, CASE NO. 94-6975

1544The following constitutes my specific rulings, pursuant to Section

1553120.59(2), Florida Statutes, on all of the proposed findings of fact submitted

1565by the Department in this case.

1571Petitioner's Proposed Findings of Fact:

15761. The following proposed findings of fact are adopted in substance as

1588modified in the Recommended Order. The number in parentheses is the Finding(s)

1600of Fact which so adopts the proposed finding(s) of fact: 1(1); 2(2); 3(3); 4(4);

1614and 5-6(6).

16162. The first four sentences of proposed finding of fact 7 are adopted in

1630Findings of Fact 8-10. The balance of proposed finding of fact 7 are rejected

1644as not being supported by evidence in the record.

16533. The first two sentences of proposed finding of fact 8 is adopted in

1667Finding of Fact 3. The balance of proposed finding of fact 8 is rejected as not

1683being supported by evidence in the record.

1690Department's Proposed Findings of Fact:

16951. The following proposed findings of fact are adopted in substance as

1707modified in the Recommended Order. The number in parentheses is the Finding(s)

1719of Fact which so adopts the proposed finding(s) of fact: 1-4(1-4,respectively);

17315(5,6);and 7(8-12).

17352. The first two sentences of proposed finding of fact 6 is neither

1748material nor relevant. The balance of proposed finding of fact 6 is adopted in

1762Finding of Fact 7.

1766COPIES FURNISHED:

1768Honorable Bob Crawford

1771Commissioner of Agriculture

1774The Capitol, PL-10

1777Tallahassee, Florida 32399-0810

1780Richard Tritschler

1782General Counsel

1784Department of Agriculture and

1788Consumer Services

1790The Capitol, PL-10

1793Tallahassee, Florida 32399-0810

1796Gary M. Glassman, Esquire

18002100 South Tamiami Trail

1804Sarasota, Florida 34239

1807Robert F. Worley, Esquire

1811Department of Agriculture and

1815Consumer Services

1817515 Mayo Building

1820Tallahassee, Florida 32399-0800

1823NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

1829All parties have the right to submit written exceptions to this Recommended

1841Order. All agencies allow each party at least 10 days in which to submit

1855written exceptions. Some agencies allow a larger period within which to submit

1867written exceptions. You should contact the agency that will issue the final

1879order in this case concerning agency rules on the deadline for filing exceptions

1892to this Recommended Order. Any exceptions to this Recommended Order should be

1904filed with the agency that will issue the final order in this case.

1917=================================================================

1918AGENCY FINAL ORDER

1921=================================================================

1922STATE OF FLORIDA

1925DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

1931RICHARD W. GARDNER, PESTAGON

1935TERMITE AND PEST MANAGEMENT, INC.,

1940Petitioner,

1941vs. DOAH CASE NO. 94-6975

1946FDACS CASE NO. 94-0720

1950DEPARTMENT OF AGRICULTURE AND

1954CONSUMER SERVICES.

1956Respondent.

1957____________________________________/

1958FINAL ORDER

1960THIS MATTER, arising under the Structural Pest Control Act, Fla. Stat.

1971482.011 - 482.242, is before the Commissioner of Agriculture as agency head of

1984the Florida Department of Agriculture and Consumer Services (hereinafter

1993referred to as the "Department") for final agency action.

2003BACKGROUND

2004On September 20, 1994, Respondent Department issued a Notice of Intent to

2016Impose Warning Letter in which the Department alleged Petitioner, Richard W.

2027Gardner, had failed to report visible and accessible evidence of, and damage

2039caused by, wood-destroying organisms on Form 1145, entitled "Wood-Destroying

2048Organisms Inspection Report" in accordance with Fla. Stat. 482.226(1) and Fla.

2059Admin. Code Ann.r. 5E-14.142(2)(c) resulting from an inspection by Petitioner

2069for wood-destroying organisms at a residence in Sarasota, Florida. The

2079Department further alleged that failure to report such evidence of and/or damage

2091caused by wood-destroying organisms is a violation of Fla. Stat. 482.161(1)(f).

2102On October 7, 1994, Petitioner disputed the factual allegations contained in the

2114Notice of Intent to Impose Warning Letter. By letter dated December 15, 1994,

2127the Department referred Petitioner's request for formal hearing to the Division

2138of Administrative Hearings for the assignment of a Hearing Officer and conduct

2150of a hearing.

2153A formal hearing was conducted on March 28, 1995, in Sarasota, Florida. At

2166hearing, the parties stipulated that Pestagon Termite & Pest Management, Inc.

2177was not a party to the proceedings, but was included in the style of the case

2193for the purpose of identifying the licensed business which employed Petitioner.

2204At formal hearing, Petitioner appeared through counsel, testified on his

2214own behalf and presented the testimony of Roger Mensing proffered as an expert

2227in pest control. Petitioner did not offer any documentary evidence. The

2238Department appeared through counsel, presented the testimony of Ronald P.

2248Forshee and Thane R. Beehler, Jr. Mr. Beehler testified as an expert in the

2262field of pest control and inspection of termites and entomology in general. The

2275Department's exhibits 1 through 8 were received as evidence.

2284The Hearing Officer in this matter issued a Recommended Order on May 23,

22971995 which recommended the Commissioner issue a final order finding Petitioner

2308guilty of violating Fla. Stat. 482.161(1)(f). The Hearing Officer further

2318recommended that Petitioner be required to pay an administrative fine in the

2330amount of $500. Petitioner filed timely Exceptions to Recommended Order.

2340RULING ON PETITIONER'S WRITTEN EXCEPTIONS

2345Petitioner lists six paragraphs as exceptions to the Recommended Order

2355challenging the Hearing Officer's Findings of Fact.

2362Under Florida law: "It is for the hearing officer to consider all the

2375evidence presented, resolve conflicts, judge the credibility of witnesses, draw

2385permissible inferences from the evidence, and reach ultimate findings of fact

2396based on competent substantial evidence," Martuccio v. Dept. of Pro. Regulation,

2407622 So.2d 607, 609 (Fla.App. 1 Dist. 1993) and "The agency may not reject or

2422modify the finding of facts of...unless the agency...[determines]...the findings

2431of fact were not based upon competent substantial evidence...". Dept. of

2443Business & Pro. Reg. v. McCarthy, 638 So.2d. 574, 575 (Fla.App. 1 Dist. 1993),

2457Fla. Stat. 120.57(1)(b)(10).

24601. Petitioner's Exception no. 1. Petitioner's Exception number 1 does not

2471challenge a finding, but rather is a verbatim recitation of the Hearing

2483Officer's Finding of Fact number 11. The Commissioner rejects Petitioner's

2493Exception no. 1 as being irrelevant and immaterial.

25012. Petitioner's Exceptions nos. 2-5. Petitioner's Exceptions 2-5

2509challenge expert opinions offered by Respondent at bearing in this matter. It

2521is for the hearing officer to weigh the evidence and judge the credibility of

2535witnesses (Martuccio at 609) and the agency may not disturb the hearing

2547officer's findings if such findings are supported by competent substantial

2557evidence. (Fla. Stat.. 120.1(b)(10)). Upon review of the complete file in this

2569matter, it is the determination of the Commissioner of Agriculture that the

2581hearing officer properly considered all evidence, including expert testimony

2590proffered by both parties, therefore, Petitioner's Exception's 2-5 are denied.

26003. Petitioner's Exception no. 6. Petitioner's Exception number 6 provides

2610in pertinent part: "The hearing officer determined that the Petitioner's

2620proposed finding of fact 8 "is rejected as being not supported by evidence in

2634the record."" Upon review of the hearing officer's Appendix to Recommended

2645Order, Case No. 94-6925, the following language may be found at paragraph 3:

2658The first two sentences of [Petitioner's] proposed finding

2666of fact 8 is adopted in Finding of Fact 3. The balance of

2679[Petitioner's] finding of fact is rejected as not

2687being supported by evidence in record.

2693Emphasis supplied.

2695The issue in this matter is whether or not Petitioner failed to report

2708visible and accessible evidence of, and/or damage caused by, wood destroying

2719organisms on Form 1145, not Petitioner's physical inspection of the residence.

2730Therefore, the hearing Officer's rejection of the last two sentences of

2741Petitioner's proposed finding of fact 8 is proper and supported by competent

2753substantial evidence. Consequently, Petitioner's Exception no. 6 is denied.

2762For the above reasons, Petitioner's Written Exceptions are denied.

2771WHEREFORE it is ORDERED and ADJUDGED:

27771. Petitioner's written exceptions are DENIED;

27832. The Hearing Officer's Findings of Fact are adopted in toto as the

2796Department's findings of fact;

28003. The Hearing Officer's Conclusions of Law are adopted in toto as the

2813Department's conclusions of law; and

28184. The Hearing Officer's Recommendation--that the Commissioner of

2826Agriculture enter a final order finding Petitioner guilty of violating Fla.

2837Stat. 482.161(1)(f) and order Petitioner to pay an administrative fine of $500--

2849is APPROVED and ADOPTED as the appropriate disposition of this matter.

28605. It is ORDERED Petitioner pay an administrative fine in the amount of

2873FIVE HUNDRED DOLLARS (500.00) payable to the Florida Department of Agriculture

2884and Consumer Services within thirty (30) days of the date of this Order.

2897NOTICE OF RIGHT TO APPEAL

2902Any party to these proceedings adversely affected by this Final Order is

2914entitled to seek judicial review thereof pursuant to Fla. Stat. 120.68 and Rule

29279.110, Florida Rules of Appellate Procedure. Review proceedings must be

2937initiated by filing a petition or notice of appeal with the Agency Clerk, Room

2951515, Mayo Building, Tallahassee, Florida 32399-0800, and a copy of the same

2963with the appropriate District Court of Appeal within thirty (30) days of the

2976date this ORDER is final.

2981DONE AND ORDERED this 21st day of June, 1995.

2990_________________________________

2991BOB CRAWFORD

2993Commissioner of Agriculture

2996_________________________________

2997ANN H. WAINWRIGHT

3000Assistant Commissioner

3002Florida Department of Agriculture

3006and Consumer Services

3009FILED with the Agency Clerk this 21st day of June, 1995.

3020_________________________________

3021JOANN S. DIXON

3024Agency Clerk

3026COPIES TO:

3028Gary M. Glassman, Esquire Richard Ditschler, Esquire

30352100 South Tamiami Trail General Counsel

3041Sarasota, Florida 34239 Department of Agriculture and

3048Consumer Services

3050William R. Cave The Capitol, PL-10

3056Hearing Officer Tallahassee, Florida 32399-0810

3061Division of Administrative

3064Hearings Robert G. Worley, Esquire

3069The Desoto Building Room 515, Mayo Building

30761230 Apalachee Parkway Tallahassee, Florida 32399-0800

3082Tallahassee, Florida 32399-1550

3085=================================================================

3086DISTRICT COURT OPINION

3089=================================================================

3090NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

3098MOTION AND, IF FILED, DETERMINED.

3103RICHARD W. GARDNER, PESTAGON IN THE DISTRICT COURT OF APPEAL

3113TERMITE AND PEST MANAGEMENT, OF FLORIDA

3119INC. SECOND DISTRICT

3122Appellant, CASE NO. 95-03066

3126DOAH CASE NO. 94-6975

3130v.

3131DEPARTMENT OF AGRICULTURE

3134AND CONSUMER SERVICES,

3137Appellee.

3138______________________________/

3139Opinion filed April 3, 1996.

3144Appeal from a final order of the Department of Agriculture and Consumer

3156Services.

3157Gary M. Glassman, Sarasota, for Appellant.

3163Robert C. Worley, Department of Agriculture and Consumer Services, Tallahassee,

3173for Appellee.

3175PER CURIAM.

3177Affirmed.

3178SCHOONOVER, A.C.J., and BLUE and WHATLEY, JJ., Concur.

3186MANDATE

3187From

3188DISTRICT COURT OF APPEAL OF FLORIDA

3194SECOND DISTRICT

3196STYLE: Richard A. Gardner vs. Department of Agriculture and

3205Consumer Services

3207COUNTY: Sarasota

3209APPELLATE CASE NO: 95-03066

3213TRIAL COURT CASE NO: 94-6975/94-0720

3218This cause having been brought to this court by appeal and after due

3231consideration, the court having issued its opinion;

3238YOU ARE THEREBY COMMANDED that further proceedings be had in said cause in

3251accordance with he opinion of this court and with the rules of procedure and

3265laws of the State of Florida.

3271WITNESS the Honorable Edward F. Threadgill, Jr.,

3278Chief Judge of the District Court of Appeal of the State

3289of Florida, Second District, and the seal of said

3298court at Lakeland, Florida on this day.

3305April 24, 1996

3308_______________________________

3309(Seal) William A. Haddad

3313Clerk, District Court of Appeal

3318Second District

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Date
Proceedings
Date: 04/29/1996
Proceedings: Opinion and Mandate from the Second DCA filed.
PDF:
Date: 04/03/1996
Proceedings: Opinion
Date: 12/03/1995
Proceedings: (Respondent) Unilateral Response to Initial Order filed.
Date: 10/03/1995
Proceedings: (Petitioners) Motion for Extension of Time Pursuant to Rule 9.300(a),Florida Rules of Appellate Procedure filed.
Date: 08/18/1995
Proceedings: DCA Case Number 2-95-3066 filed.
Date: 08/09/1995
Proceedings: Motion for Stay Pursuant to Rule 9.0310, Rules of Appellate Procedure filed.
Date: 07/24/1995
Proceedings: AGENCY APPEAL, ONCE THE RETENTION SCHEDULE OF -KEEP ONE YEAR AFTER CLOSURE- IS MET, CASE FILE IS RETURNED TO AGENCY GENERAL COUNSEL. -ac
Date: 06/22/1995
Proceedings: Final Order filed.
PDF:
Date: 06/21/1995
Proceedings: Agency Final Order
PDF:
Date: 05/23/1995
Proceedings: Recommended Order
PDF:
Date: 05/23/1995
Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held 03/28/95.
Date: 05/08/1995
Proceedings: Petitioner`s Proposed Recommended Order w/cover letter filed.
Date: 04/25/1995
Proceedings: Department`s Proposed Recommended Order filed.
Date: 04/20/1995
Proceedings: Transcript of Hearing filed.
Date: 03/28/1995
Proceedings: CASE STATUS: Hearing Held.
Date: 03/10/1995
Proceedings: Amended Notice of Hearing sent out. (hearing set for 3/28/95; 1:00pm;Sarasota)
Date: 03/08/1995
Proceedings: (Petitioner) Motion for Continuance filed.
Date: 03/07/1995
Proceedings: Order of Continuance and Rescheduling Hearing sent out. (hearing rescheduled for 4/28/95; 1:00pm; Sarasota)
Date: 02/24/1995
Proceedings: (Petitioner) Notice of Appearance filed.
Date: 02/21/1995
Proceedings: Amended Notice of Hearing (As to date only) sent out. (hearing set for 03/07/95;1:00PM;Sarasota)
Date: 02/09/1995
Proceedings: Notice of Hearing sent out. (hearing set for 3/6/95; 1:00pm; Sarasota)
Date: 01/10/1995
Proceedings: Letter to Hearing Officer from R. Worley re: Gary Glassman representing R. W. Gardner add name to service list for distribution of all information filed.
Date: 12/21/1994
Proceedings: Initial Order issued.
Date: 12/15/1994
Proceedings: Agency Referral Letter; Notice of Intent to Impose Warning Letter; Warning Letter; Petition for Formal Proceeding filed.

Case Information

Judge:
WILLIAM R. CAVE
Date Filed:
12/15/1994
Date Assignment:
12/21/1994
Last Docket Entry:
04/29/1996
Location:
Sarasota, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
 

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Related Florida Statute(s) (9):

Related Florida Rule(s) (1):