15-006148RU Planet Trading, Inc., And Melbourne, Llc vs. Department Of Business And Professional Regulation, Division Of Alcoholic Beverages And Tobacco
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 1, 2017.


View Dockets  
Summary: The Department's statement of general applicability must be adopted as a rule. Petitioners are entitled to fees.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8FLORIDA BEE DISTRIBUTION, INC.,

12d/b/a TOBACCO EXPRESS

15DISTRIBUTORS,

16Petitioner,

17vs. Case N o. 15 - 6108RU

24DEPARTMENT OF BUSINESS AND

28PROFESSIONAL REGULATION,

30DIVISION OF ALCOHOLIC BEVERAGES

34AND TOBACCO,

36Respon dent.

38_______________________________/

39PLANET TRADING, INC., AND

43MELBOURNE, LLC,

45Petitioner s ,

47vs. Case No. 15 - 6148RU

53DEPARTMENT OF BUSINESS AND

57PROFESSIONAL REGULATION,

59DIVISION OF ALCOHOLIC BEVERAGES

63AND TOBACCO,

65Respondent.

66_______________________________ /

68FINAL ORDER

70Pursuant to notice to all parties, a final hearing was

80conducted in this case on January 28, 2016 , via video

90teleconference with sites in Tallahassee and F ort Lauderdale ,

99Florida, before Admini strative Law Judge R. Bruce McKibben of

109the Division of Administrative Hearings (ÐDOAHÑ) . The parties

118were represented as set forth below.

124APPEARANCES

125For Petitioner: Gerald J. Donnini, II, Esquire

132Joseph Moffa, Esquire

135James McAuley, Esq uire

139Moffa, Sutton and Donnini, P.A.

144100 Southeast Third Avenue, Suite 2202

150Fort Lauderdale, Florida 33394

154For Respondent: William H. Stafford, III, Esquire

161Blaine H. Winship, Esquire

165Office of the Attorney General

170The Capitol , Plaza Level 01

175Tallahassee, Florida 32399 - 1050

180STATEMENT OF THE ISSUE

184The issue in this case is whether Respondent, Department of

194Business and Professional Regulation, Division of Alcoholic

201Beverages & Tobacco (the ÐDepartmentÑ) , is operating under an

210unadopted rule in its application of sections 210.276 and

219210.30, Florida Statutes, which impose a surcharge and an excise

229tax, respectively, on tobacco products other than cigarettes or

238cigars, commonly known as other tobacco produ cts (ÐOTPÑ), by

248calculating Ðwholesale sales priceÑ as the full invoice price

257charged by OTP manufacturers to distributors, including any

265federal excise taxes ( Ð FET Ñ ) and shipping charges reflected in

278the invoice price .

282PRELIMINARY STATEMENT

284On October 28, 2015, Petitioner, Florida Bee Distributors,

292Inc. , d/b/a Tobacco Express Distributors (ÐFlorida BeeÑ), filed

300a Petition to Determine Invalidity of Agency Statements.

308Similarly, Petitioners, Planet Trading, Inc. , and Melbourne ,

315LLC, jointly filed a Peti tion to Determine Invalidity of Agency

326Statements on October 30, 2015. On November 13, 2015, an Order

337of Consolidation was entered to combine the two cases into the

348instant case. Pursuant to a Pre - h earing Stipulation filed on

360January 26, 2016, the Petiti oners timely filed their Petitions,

370the Petitioners have standing to initiate this proceeding, and

379DOAH has jurisdiction over the parties and subject matter in

389this consolidated proceeding.

392The Petitioners alleged that in 2012, Micjo, Inc. v.

401Department of Bus iness & Professiona l Reg ulation , 78 So. 3d 124

414(Fla. 2d DCA 2012), interpreted the phrase Ðwholesale sales

423priceÑ to exclude non - tobacco items such as FET and shipping

435charges from the taxable base of the wholesale tax imposed on

446other tobacco produ cts. Following the issuance of the Micjo

456opinion, the Department stopped assessing tax on FET and

465shipping costs. It also began paying refunds to those who

475mistakenly paid tax on those non - tobacco charges. In early

4862013, without adopting a formal rule, the Department changed its

496policy and unilaterally determined that FET and shipping charges

505were not taxable when sep arately stated on the invoice. Around

516August 2013, the Department changed its policy yet again by re -

528interpreting Ðwholesale sales priceÑ to exclude FET and shipping

537charges only when the tobacco was manufactured outside of the

547United States. The Petitioners alleged in their Petitions that

556the DepartmentÓs actions were a policy of general application

565that substantially affected many wholesa le tobacco distributors,

573including the Petitioners. Being that the Department never

581adopted a formal rule, the policy of general applicability w ould

592be an invali d, unpromulgated rule.

598On November 23, 2015, upon agreement of counsel, the

607undersigned admini strative law judge conducted a scheduling

615conference by telephone conference call. Counsel for the

623parties requested that the final h earing be set on a date beyond

636the 30 - day period established by section 120.56( 4 ), Florida

648Statutes. The final hearing wa s held on January 28, 2016, with

660all parties present and represented by counsel.

667At the final hearing, the Petitioners called three

675wi t nes s es: Robert Fuller, president of Florida Bee; Vihang

687Patel, president of Planet Trading, Inc. , and vice - president of

698Melbourne, LLC.; and Ben Pridgeon, bureau chief of the Division

708of Alcoholic Beverages & TobaccoÓs bureau of auditing. Pridgeon

717was also called as the DepartmentÓs only witness. Petitioners Ó

727E xhibits 1, 2, 4 - 9, and 11 - 21 were admitted into evidence . The

744DepartmentÓs E xhibits 1, 2 , and 5 were also admitted.

754A motion to compel discovery responses was renewed by the

764Petitioners at final hearing. They argued that documents

772requested from the Department had been withheld under a claim of

783privilege, but that the privilege log was insufficient to make a

794determination of what privilege may apply. The Petitioners were

803directed by the undersigned to identify a number of documents

813from the log which they felt were not subject to privilege. The

825Department was dire cted to submit the identified documents to

835the undersigned for in camera review. The documents were

844identified by the Petitioners and submitted for review on

853February 3, 2016 . After review, an Order was entered on

864February 4 , 2016 , requiring the Departme nt to produce a number

875of the exhibits to the Petitioners. The Department filed a

885motion seeking reconsideration of the Order; that motion was

894denied.

895The parties advised that a transcript of the final hearing

905would be ordered. The parties were , by ru le, allowed 10 days

917from the final hearing to submit proposed final orders. The

927T ranscript was filed at DOAH on February 16, 2016, and each

939party timely submitted a proposed final order.

946Unless otherwise stated herein, all references to Florida

954Statutes shall be to the 2015 codification.

961FINDINGS OF FACT

9641. Each of the Petitioners is a licensed business in the

975State of Florida engaged in the business of distributing tobacco

985products.

9862. The Department is the government agency responsible

994for, inte r ali a, administering and enforcing chapter 210,

1004Florida Statutes, related to the taxation of tobacco products

1013other than cigarettes and cigars.

10183. By way of general background, tobacco products are

1027taxed at both the federal and state levels. The first compa ny

1039to produce or import the tobacco products into the United States

1050must pay the federal government a federal excise tax which is

1061based on weight. 26 U.S.C. § 5702.

10684. Similarly, when the tobacco is produced or brought into

1078Florida, Florida OTP t ax app lies at the rate of 85 percent of

1092the Ðwholesale sales price.Ñ Technically, Florida OTP t ax has

1102two components: an excise tax and surcharge as defined by

1112section s 210. 30 and 21 0 . 276 . Section 210.30 was first e nacted

1128in 1985; it imposes a 25 - percent tax on OTP. Section 210.276

1141was enacted in 2009; it levies a 60 - percent surcharge on OTP.

1154For convenience, the excise tax and surcharge will be referred

1164to collectively as the OTP t ax.

11715. The phrase Ðwholesale sales priceÑ is defined as Ðthe

1181established pri ce for which a manufacturer sells a tobacco

1191product to a distributor, exclusive of any diminution by volume

1201or other discounts.Ñ £ 210.25, F la . S tat .

12126. Section 210.25(11) defines "tobacco products" as

1219follows:

1220[L] oose tobacco suitable for smoking; s nuff;

1228snuff flour; cavendish; plug and twist

1234tobacco; fine cuts and other chewing

1240tobaccos; shorts; refuse scraps; clippings,

1245cuttings, and sweepings of tobacco, and

1251other kinds and forms of tobacco prepared in

1259such manner as to be suitable for chewing ,

1267bu t Òtobacco productsÓ does not include

1274cigarettes . . . or cigars.

12807. In 2012, the Second DCA interpreted Ðwholesale sales

1289priceÑ to apply to the price at which the manufacturer sells

1300tobacco products to the distributor. Micjo , 78 So. 3d at 127.

1311In that case , in which the Second DCA described the dispute as

1323Ðnot complicated,Ñ the C ourt determined that OTP t ax applies

1335only to the charge for tobacco and not to other charges to bring

1348the tobacco to market, such as FET and shipping charges . Id. at

1361126 - 127.

13648. There are no relevant adopted rules in which the

1374Department has interpreted Ðwholesale sales price.Ñ

13809. State agencies are required to follow the CourtsÓ

1389interpretations of statutes. See Costarell v. Fla. Unemplmt.

1397App. CommÓn , 916 So. 2d 778, 78 2 (Fla. 2005). Subsequent to the

1410ruling in Micjo , the Department followed the ruling set forth by

1421the Second DCA and stopped imposing a tax on distributors based

1432upon on FET or shipping charges.

143810. Beginning in 2013, the Department commenced enfor cing

1447a new Ð policy Ñ interpreting Micjo to exclude FET and shipping

1459charges only when such charges were separately stated. As a

1469result of this policy, the Department paid some refunds and did

1480not assess OTP t ax if the FET and shipping charges were

1492separate ly stated.

149511. The Department began relying upon a new policy in mid -

15072013 to the effect that if the domestic manufacturer of the

1518tobacco paid FET when it produced the product, Micjo did not

1529apply and the phrase Ðwholesale sales priceÑ included non -

1539tobac co charges, such as FET and shipping charges . This was due

1552to the fact that the manufacturer would pass down the cost of

1564the FET and shipping charges to the distributor as part of the

1576Ðwholesale sales price .Ñ

158012. As for foreign manufacturers who did no t pay FET,

1591Micjo operated to exclude FET and shipping charges from the

1601taxable base. That is because the distributor who purchased the

1611tobacco products would be responsible for paying the FET

1620separately; it would not be part of the Ðwholesale sales price. Ñ

163213. In other words, the DepartmentÓs policy was that

1641Ðwholesale sales price,Ñ as interpreted by Micjo , applies

1650differently depending on whether the tobacco is manufactured

1658foreign or domestically. The Petitioners seek to invalidate

1666this non - rule poli cy.

167214. T he Department confuses wholesale sales price (i.e.,

1681Ð the established price for which a manufacturer sells a tobacco

1692product to a distributor Ñ ) with the invoice amount, which may or

1705may not include something other than the price for the tobacc o

1717product. The Mi cjo decision clearly delineates the cost of the

1728tobacco from Ðthe various other distributor invoice costs for

1737reimbursement of FET, shipping costs, and other charges [which

1746are] not part of tobacco. Ñ Micjo , 78 So. 3d at 127.

175815. After t he Micjo ruling, the Department determined that

1768it would not include FET and shipping charges in its

1778determination of Ð wholesale sales price Ñ for purposes of

1788calculating OTP taxes. It did not promulgate a rule to that

1799effect, but began nonetheless using t he policy uniformly.

180816. I n early October 2013 , when the Department decided to

1819rescind its policy in favor of a new statement of general

1830applicability, it again failed to promulgate the policy as a

1840rule. Instead, it unilaterally began to impose the new policy

1850on all distributors of OTP in the s tate.

185917. It is clear from the record that the current policy is

1871applicable to all distributors and that the policy delineates

1880which distributors must pay taxes based on total invoice

1889amounts, including FET and shipping charges, and which

1897distributors do not have to pay taxes based on those items.

190818. It is not clear from the record how the domestic

1919versus foreign manufacturer dynamic was argued to the Micjo

1928C ourt or in the case from which the appeal arose. Micjo

1940specifically addressed the domestic distributors, but did not

1948make a distinction between domestic and foreign manufacturers.

195619. To the extent the DepartmentÓs position in the instant

1966case seeks to revise the facts of Micjo , that argument is

1977rejecte d.

1979CONCLUSIONS OF LAW

198220. The Department of Administrative Hearings has

1989jurisdiction over the parties to and the subject matter of this

2000proceeding pursuant to s ections 120. 56 (1)(c) and (4) , 120.569,

2011and 120.57(1) , Florida Statutes.

201521. The Petitioners allege the Department is relying upon

2024a statement of general applicability that should have been

2033promulgated as a rule. Se ction 120.56(4) states in p art:

2044(a) Any person substantially affect ed by an

2052agency statement may seek an administrative

2058determinatio n that the statement violates

2064s. 120.54(1)(a). The petition shall include

2070the te x t of the statement or a description

2080of the statement and shall state with

2087particularity facts sufficient to show that

2093the statem ent constitutes a rule under

2100s. 120.52 and tha t the agency has not

2109adopted the statement by the rulemaking

2115procedure provided by s. 120.54.

2120(b) The administrative law judge may

2126determine whether all or part of a stat ement

2135violates s. 120.54(1)(a) . . . .

2142* * *

2145(d) If an administrative law judge en ters a

2154final order that all or part of a statement

2163violates s. 120.54(1)(a) , the agency must

2169immediately discontinue all reliance upon

2174the statement or any substantially similar

2180statement as a basis for agency action.

218722. Each of the Petitioners has stan ding to bring this

2198proceeding pursuant to section 120.56(4 )(a) .

220523. The term Ðrul eÑ is defined in section 120.52 (16) which

2217states:

2218ÐRuleÑ means each agency statement of

2224general applicability that implements,

2228interprets, or prescribes law or policy or

2235desc ribes the procedure or practice

2241requirements of any agency and includes any

2248form wh ich imposes any requirement or

2255solicits any information not specifically

2260required by statute or an existing rule.

2267The term also includes amendment or repeal

2274of a rule.

227724 . An Ðunadopted ruleÑ is defined as an agency statement

2288that meets the definition of the term Ðrule,Ñ but that has not

2301been adopted pursuant to the requirements of section 120.54.

2310§ 120.52(20), Fla. Stat.

231425. Florida case law has expanded on the definit ion of

2325rule to include Ð [T]hose statements which are intended by their

2336effect to create rights, or to require compliance, or otherwise

2346have the direct and consistent effect of law.Ñ A g. for Health

2358Care Admin . v. Harvey , 356 So. 2d 323, 325 (Fla. 1 st DCA 1 977).

237426. An agency statement is any declaration, expression, or

2383communication. It does not need to be in writing. See DepÓt of

2395High. Saf. & Motor Veh. v. Schluter , 705 So. 2d 81, 84 (Fla. 1st

2409DCA 1997). To be a rule, the statement must be an Ðagency

2421statement,Ñ that is, a statement which reflects the agencyÓs

2431position with regard to law or policy. A generally applicable

2441statement purports to affect not just a single person or

2451singular situations, but a category or class of persons and

2461activities. Se e McCarthy v. DepÓt of Ins. , 479 So. 2d 135 (Fla.

24742d DCA 1985). The statement need not apply universally to every

2485person or activity within the agencyÓs jurisdiction. It is

2494sufficient that the statement apply uniformly to a class of

2504persons or activities over which an agency may properly exercise

2514authority. See Schluter , 705 So. 2d at 83.

252227. The Petitioners have the burden of demonstrating that

2531the agency statement regarding OTP taxes meets the definitio n of

2542a rule, and that the Department has not adopted the statement by

2554rulemaking procedures. S.W. Fla. Water Mgt. Dist. v . Charlotte

2564Cnty. , 774 So. 2d 903, 908 (Fla. 2 d DCA 2001); see also Ag. for

2579Pers. with Disab. v . C.B. , 130 So. 3d 713, 717 (Fla. 1 st DCA

25942013).

259528. The standard of proof is by a preponderance of the

2606evidence. § 120.56(1) ( e ) , Fla. Stat.

261429. Petitioners have demonstrated, in this case, that the

2623DepartmentÓs policy regarding which distributors can be taxed on

2632non - OTP items (e.g., FET, shipping charges) is a statement of

2644gene ral applicability that should be promulgated as a rule.

265430. If the p etitioner challenging an allegedly unadopted

2663rule proves at final hearing that the agency statement is indeed

2674a rule, the agency then has the burden of overcoming the

2685presumptions that r ulemaking was both feasible and practicable.

2694As stated in section 120.54(1)(a)1. :

2700Rulemaking shall be presumed feasible unless

2706t he agency proves that:

2711a. The agency has not had sufficient time

2719to require the knowledge and experience

2725reasonably necessary to address a statement

2731by rulemaking; or

2734b. Related matter are not sufficiently

2740resolved to enable the agency to address a

2748statement by rulemaking.

275131. No such proof of feasibility or practicality was

2760offered by the Department at the final hearing in this matter.

2771The presumption was not overcome.

277632. The Department pointed out that in Micjo , the

2785(Appellant) distributor was purchasing OTP from other

2792distributors who, in turn, had purchased from a foreign

2801manufacturer. Nonetheless, the Court still c hose to delete the

2811non - OTP costs (FET, shipping charges) from the amount to be

2823taxed. The suggestion by the Micjo Court that Ðthe meaning of

2834this statute and the legislatureÓs language is clear,Ñ and the

2845DepartmentÓs statement that the term Ðestablished p riceÑ is

2854Ð clear and unambiguous,Ñ is amusing. This case is obviously

2865fraught with difficulty.

2868ORDER

2869Based on the foregoing Findings of Fact and Conclusions of

2879Law, it is

2882ORDER ED that the policy statement by the Department of

2892Business and Professional Re gulation, Division of Alcoholic

2900Beverages and Tobacco, concerning the inclusion of federal

2908excise tax and shipping charges for purposes of calculating the

2918other tobacco products tax is an unadopted rule whose existence

2928violates section 120.54(1)(a), Florid a Statutes .

2935It is FURTHER ORDERED that Respondent shall pay to the

2945Petitioners a reasonable attorney Ó s fee and costs as authorized

2956by section 120. 595( 4), Florida Statutes . Any request for fees

2968(if an amount cannot be agreed upon) shall be filed within 60

2980days of the date of this Final Order.

2988DONE AND ORD ERED this 3rd day of March , 2016 , in

2999Tallahassee, Leon County, Florida.

3003S

3004R. BRUCE MCKIBBEN

3007Administrative Law Judge

3010Department of Administrative Hearings

3014The D eSoto Building

30181230 Apalachee Parkway

3021Tallahassee, Florida 32399 - 3060

3026(850) 488 - 9675

3030Fax Filing (850) 921 - 6847

3036www.doah.state.fl.us

3037Filed with the Clerk of the

3043Department of Administrative Hearings

3047this 3rd day of March , 2016 .

3054COPIES FURNISHED :

3057Willia m N. Spicola, General Counsel

3063Department of Business and

3067Professional Regulation

3069Northwood Centre

30711940 North Monroe Avenue

3075Tallahassee, Florida 32399

3078(eServed)

3079Gerald J. Donnini, II, Esquire

3084Joseph Moffa, Esquire

3087James McAuley, Esquire

3090Moffa, Sutton, a nd Donnini, P.A.

3096100 Southeast Third Avenue , Suite 2202

3102Fort Lauderdale, Florida 33394

3106(eServed)

3107William Henry Stafford, Esquire

3111Blaine H. Winship, Esquire

3115Office of the Attorney General

3120The Capitol, Plaza Level 01

3125Tallahassee, Florida 32399 - 1050

3130(eServ ed)

3132Thomas Philpot, Director

3135Division of Alcoholic

3138Beverages and Tobacco

3141Department of Business and

3145Professional Regulation

3147Northwood Centre

31491940 North Monroe Street

3153Tallahassee, Florida 32399

3156(eServed)

3157Ken Lawson, Secretary

3160Department of Business and

3164Professional Regulation

3166Northwood Centre

31681940 North Monroe Street

3172Tallahassee, Florida 32399

3175(eServed)

3176Ernest Reddick, Chief

3179Alexandra Nam

3181Department of State

3184R. A. Gray Building

3188500 South Bronough Street

3192Tallahassee, Florida 32399 - 0250

3197(eServed )

3199Ken Plante, Coordinator

3202Joint Admin istrative Proced ures Committee

3208Room 680, Pepper Building

3212111 West Madison Street

3216Tallahassee, Florida 32399 - 1400

3221(eServed)

3222NOTICE OF RIGHT TO JUDICIAL REVIEW

3228A party who is adversely affected by this Final Order is

3239entitled to judicial review pursuant to section 120.68, Florida

3248Statutes. Review proceedings are governed by the Florida Rules

3257of Appellate Procedure. Such proceedings are commenced by

3265filing the original notice of administrative appeal with the

3274agenc y clerk of the Division of Administrative Hearings within

328430 days of rendition of the order to be reviewed, and a copy of

3298the notice, accompanied by any filing fees prescribed by law,

3308with the clerk of the District Court of Appeal in the appellate

3320district where the agency maintains its headquarters or where a

3330party resides or as otherwise provided by law.

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Date
Proceedings
PDF:
Date: 12/22/2017
Proceedings: Transmittal letter from Claudia Llado forwarding the two-volume Transcript, along with Exhibits to Respondent.
PDF:
Date: 03/01/2017
Proceedings: Order Closing Files. CASE CLOSED.
PDF:
Date: 02/22/2017
Proceedings: Amended Order Canceling Hearing.
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Date: 02/22/2017
Proceedings: Order Canceling Hearing.
PDF:
Date: 02/22/2017
Proceedings: Notice of Filing Joint Stipulation for Attorney's Fees and Costs filed.
PDF:
Date: 02/16/2017
Proceedings: Notice of Filing Exhibits (Respondent) filed.
PDF:
Date: 02/15/2017
Proceedings: Petitioner's Notice of Filing Proposed Exhibits filed.
PDF:
Date: 02/15/2017
Proceedings: Petitioner's Notice of Filing Affidavit of Reasonable Attorneys' Fees filed.
PDF:
Date: 02/14/2017
Proceedings: Response to Request for Production (of documents) filed.
PDF:
Date: 02/07/2017
Proceedings: Petitioner's Notice of Filing Affidavit in Support of Attorney's Fees and Costs Incurred on Appeal filed.
PDF:
Date: 02/07/2017
Proceedings: Order Denying Continuance of Final Hearing.
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Date: 02/07/2017
Proceedings: Respondent's Motion to Continue Hearing filed.
PDF:
Date: 01/10/2017
Proceedings: Order Re-scheduling Hearing by Video Teleconference (hearing set for February 23, 2017; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
PDF:
Date: 01/09/2017
Proceedings: Petitioner's Request for Production to Respondent filed.
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Date: 01/09/2017
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent filed.
PDF:
Date: 01/05/2017
Proceedings: Order Re-scheduling Hearing (hearing set for February 23, 2017; 9:00 a.m.; Lauderdale Lakes, FL).
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Date: 01/04/2017
Proceedings: Response to Order Placing Case in Abeyance filed.
PDF:
Date: 12/16/2016
Proceedings: Mandate
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Date: 12/16/2016
Proceedings: Mandate filed.
PDF:
Date: 11/30/2016
Proceedings: BY ORDER OF THE COURT: Motion for rehearing en banc is denied.
PDF:
Date: 11/23/2016
Proceedings: BY ORDER OF THE COURT: Appellant's motion for written opinion and certification is denied.
PDF:
Date: 11/14/2016
Proceedings: Appellees' Resoinse in Opposition to Appellant's Motion for Certification of an Issue of Great Public Importance and Written Opinion filed.
PDF:
Date: 11/14/2016
Proceedings: Appellees' Response in Opposition to Appellant's Motion for Rehearing En Banc filed.
PDF:
Date: 11/09/2016
Proceedings: Order Continuing Case in Abeyance (parties to advise status by February 9, 2017).
PDF:
Date: 11/08/2016
Proceedings: Petitioners' Response to Order Regarding Attorneys Fees Proceedings filed.
PDF:
Date: 11/08/2016
Proceedings: Respondent's Response to Order Regarding Attorney Fees Proceedings filed.
PDF:
Date: 11/04/2016
Proceedings: The State of Florida, Department of Business and Professional Regulation's Motion for Written Opinino and Certification of an Issue of Great Public Importance filed.
PDF:
Date: 11/04/2016
Proceedings: Motion for Rehearing En Banc of the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages & Tobacco filed.
PDF:
Date: 10/25/2016
Proceedings: Order (response due by November 8, 2016).
PDF:
Date: 10/25/2016
Proceedings: BY ORDER OF THE COURT: The cause is remanded to the Administrative Law Ludge to assess attorney's fees and costs.
PDF:
Date: 10/20/2016
Proceedings: Opinion
PDF:
Date: 10/20/2016
Proceedings: Opinion filed.
PDF:
Date: 10/17/2016
Proceedings: Appellee's Notice of Supplemental Authority filed.
PDF:
Date: 08/23/2016
Proceedings: BY ORDER OF THE COURT: Notice of Oral Argument.
PDF:
Date: 08/09/2016
Proceedings: Reply Brief of Appellant filed.
PDF:
Date: 07/20/2016
Proceedings: Appellees' Motion for Attorney' Fees and Costs filed.
PDF:
Date: 07/20/2016
Proceedings: Answer Brief of Appellees, Florida Bee Distribution, Inc., Planet Trading, Inc., and Melbourne, LLC filed.
PDF:
Date: 07/05/2016
Proceedings: Index, Record, and Certificate of Record sent to the District Court of Appeal.
PDF:
Date: 06/29/2016
Proceedings: Amended Notice of Delay in Transmitting the Record to the District Court of Appeal.
PDF:
Date: 06/29/2016
Proceedings: Notice of Delay in Transmitting the Record to the District Court of Appeal.
PDF:
Date: 04/13/2016
Proceedings: Order Placing Case in Abeyance (parties to advise status by June 13, 2016).
PDF:
Date: 04/13/2016
Proceedings: Joint Motion for Abeyance filed.
PDF:
Date: 04/11/2016
Proceedings: Petitioners' Motion to Set Attorney's Fees and Costs filed.
PDF:
Date: 03/25/2016
Proceedings: Invoice for the record on appeal mailed.
PDF:
Date: 03/25/2016
Proceedings: Index (of the Record) sent to the parties of record.
PDF:
Date: 03/23/2016
Proceedings: Order of Clarification Regarding Stay.
Date: 03/21/2016
Proceedings: Petitioner's Notice of Fiing Missing Exhibit 21 filed (exhibits not available for viewing).
PDF:
Date: 03/15/2016
Proceedings: Notice of Filing of Exhibit filed.
PDF:
Date: 03/15/2016
Proceedings: Respondent's Motion for Clarification filed.
PDF:
Date: 03/14/2016
Proceedings: Amended Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
PDF:
Date: 03/14/2016
Proceedings: Amended Notice of Appeal filed.
PDF:
Date: 03/14/2016
Proceedings: Order Acknowledging Stay.
PDF:
Date: 03/11/2016
Proceedings: Respondent's Motion for Stay Pending Appeal filed.
PDF:
Date: 03/11/2016
Proceedings: Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
PDF:
Date: 03/10/2016
Proceedings: Notice of Appeal filed.
PDF:
Date: 03/03/2016
Proceedings: DOAH Final Order
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Date: 03/03/2016
Proceedings: Final Order (hearing held January 28, 2016). CASE CLOSED.
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Date: 02/26/2016
Proceedings: Respondent's Proposed Final Order filed.
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Date: 02/26/2016
Proceedings: Petitioner's Proposed Final Order filed.
Date: 02/16/2016
Proceedings: Transcript of Proceedings (not available for viewing) filed.
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Date: 02/15/2016
Proceedings: Order Denying Motion for Reconsideration and/or Clarification.
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Date: 02/12/2016
Proceedings: Petitioners' Response to Respondent's Motion for Reconsideration, or Alternatively for Clarification filed.
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Date: 02/05/2016
Proceedings: Motion for Reconsideration, or Alternatively for Clarification filed.
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Date: 02/04/2016
Proceedings: Order Following in Camera Review.
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Date: 02/03/2016
Proceedings: Letter to Judge Mckibben from William Stafford III enclosing requested proposed exhibits filed (not available for viewing).
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Date: 02/01/2016
Proceedings: Petitioner's Notice of Filing for ALJ's Request of In-Camera Inspection of Respondent's Emails filed.
Date: 01/28/2016
Proceedings: CASE STATUS: Hearing Held.
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Date: 01/28/2016
Proceedings: Petitioner's Continued Motion to Compel Discovery filed.
Date: 01/27/2016
Proceedings: Respondent's (Proposed) Amended Exhibit List filed (exhibits not available for viewing).
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Date: 01/27/2016
Proceedings: Respondent's Amended Exhibit List filed.
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Date: 01/27/2016
Proceedings: Notice of Telephonic Pre-hearing Conference (set for January 26, 2016; 4:00 p.m.).
Date: 01/27/2016
Proceedings: Respondent's (Proposed) Exhibit List filed (exhibits not available for viewing).
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Date: 01/27/2016
Proceedings: Petitioner's Notice of Filing Petitioner's Proposed Exhibits filed.
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Date: 01/27/2016
Proceedings: Exhibit D to Joint Pre-hearing Stipulation filed.
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Date: 01/26/2016
Proceedings: Exhibit B to Joint-Pre-hearing Stipulation filed.
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Date: 01/26/2016
Proceedings: Exhibits A and C to Joiont Pre-hearing Stipulation filed.
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Date: 01/26/2016
Proceedings: Joint Pre-hearing Stipulation filed.
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Date: 01/26/2016
Proceedings: Notice of Filing Respondent's Proposed Exhibits filed.
Date: 01/26/2016
Proceedings: CASE STATUS: Motion Hearing Held.
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Date: 01/26/2016
Proceedings: Petitioner's Notice of Filing Additional Exhibits filed.
Date: 01/26/2016
Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
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Date: 01/25/2016
Proceedings: Deposition of Marie Fraher filed.
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Date: 01/25/2016
Proceedings: Deposition of Ben Pridgeon (Volume II) filed.
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Date: 01/25/2016
Proceedings: Deposition of Andy Walker filed.
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Date: 01/25/2016
Proceedings: Petitioner's Notice of Filing filed.
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Date: 01/25/2016
Proceedings: Petitioners' Motion for Expedited Hearing filed.
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Date: 01/25/2016
Proceedings: Petitioner's Request for Judicial Notice filed.
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Date: 01/22/2016
Proceedings: Petitioners' Motion to Compel Discovery filed.
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Date: 01/22/2016
Proceedings: Deposition of Benjamin Harland Pridgeon, Jr. filed.
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Date: 01/22/2016
Proceedings: Petitioner's Notice of Filing filed.
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Date: 01/19/2016
Proceedings: Petitioner's Notice of Taking Deposition of Marie Fraher filed.
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Date: 01/19/2016
Proceedings: Petitioner's Notice of Taking Corporate Deposition of Respondent Pursuant to Riule 1.310(b)(6), Fla. R. Cov. Proc., filed.
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Date: 01/19/2016
Proceedings: Petitioner's Notice of Taking Deposition of Benjamin Pridgeon filed.
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Date: 12/03/2015
Proceedings: Petitioner's Notice of Taking Corporate Deposition of Respondent Pursuant tp Rule 1.310(b)(6) Fla.R.Civ.Proc. filed.
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Date: 12/03/2015
Proceedings: Petitioner's Notice of Taking Deposition of Benjamin Pridgeon Deposition filed.
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Date: 12/02/2015
Proceedings: Petitioner's Notice of Cancellation of Deposition of Respondent filed.
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Date: 12/01/2015
Proceedings: Petitioner's Notice of Taking Deposition of Benjamin Pridgeon filed.
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Date: 12/01/2015
Proceedings: Petitioner's Notice of Taking Corporate Deposition of Respondent Pursuant to Rule 1.310(b)(6) Fla.R.Civ.Proc. filed.
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Date: 11/25/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 28, 2016; 9:00 a.m.; Lauderdale Lakes, FL).
Date: 11/23/2015
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
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Date: 11/23/2015
Proceedings: Notice of Appearance (James McAuley) filed.
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Date: 11/20/2015
Proceedings: Notice of Telephonic Pre-hearing Conference (set for November 23, 2015; 1:30 p.m.).
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Date: 11/17/2015
Proceedings: Agreement to Continue Final Hearing Date filed.
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Date: 11/17/2015
Proceedings: Notice of Appearance (William Stafford) filed.
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Date: 11/17/2015
Proceedings: Notice of Appearance (Blaine Winship) filed.
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Date: 11/13/2015
Proceedings: Order of Consolidation (DOAH Case Nos. 15-6108RU, 15-6148RU).
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Date: 11/12/2015
Proceedings: Petitioners First Request for Production filed.
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Date: 11/12/2015
Proceedings: Petitioners First Request for Admissions with Interlocking Request for Production filed.
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Date: 11/12/2015
Proceedings: Petitioners Notice of Service of Interogatories filed.
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Date: 11/02/2015
Proceedings: Order of Assignment.
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Date: 11/02/2015
Proceedings: Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
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Date: 10/30/2015
Proceedings: Petition to Determine Invalidity of Agency Statements filed.

Case Information

Judge:
R. BRUCE MCKIBBEN
Date Filed:
10/30/2015
Date Assignment:
11/02/2015
Last Docket Entry:
12/22/2017
Location:
Lauderdale Lakes, Florida
District:
Southern
Agency:
Department of Business and Professional Regulation
Suffix:
RU
 

Counsels

Related Florida Statute(s) (9):