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.
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 1, 2017.
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.
- 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: 02/22/2017
- Proceedings: Notice of Filing Joint Stipulation for Attorney's Fees and Costs filed.
- PDF:
- Date: 02/15/2017
- Proceedings: Petitioner's Notice of Filing Affidavit of Reasonable Attorneys' Fees 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: 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 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).
- 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: BY ORDER OF THE COURT: The cause is remanded to the Administrative Law Ludge to assess attorney's fees and costs.
- 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).
- Date: 03/21/2016
- Proceedings: Petitioner's Notice of Fiing Missing Exhibit 21 filed (exhibits not available for viewing).
- 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: 03/11/2016
- Proceedings: Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
- Date: 02/16/2016
- Proceedings: Transcript of Proceedings (not available for viewing) filed.
- PDF:
- Date: 02/12/2016
- Proceedings: Petitioners' Response to Respondent's Motion for Reconsideration, or Alternatively for Clarification filed.
- PDF:
- Date: 02/05/2016
- Proceedings: Motion for Reconsideration, or Alternatively for Clarification filed.
- PDF:
- Date: 02/03/2016
- Proceedings: Letter to Judge Mckibben from William Stafford III enclosing requested proposed exhibits filed (not available for viewing).
- PDF:
- 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.
- Date: 01/27/2016
- Proceedings: Respondent's (Proposed) Amended Exhibit List filed (exhibits not available for viewing).
- PDF:
- 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).
- PDF:
- Date: 01/27/2016
- Proceedings: Petitioner's Notice of Filing Petitioner's Proposed Exhibits filed.
- Date: 01/26/2016
- Proceedings: CASE STATUS: Motion Hearing Held.
- Date: 01/26/2016
- Proceedings: Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- 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.
- PDF:
- Date: 01/19/2016
- Proceedings: Petitioner's Notice of Taking Deposition of Benjamin Pridgeon filed.
- PDF:
- 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.
- PDF:
- Date: 12/03/2015
- Proceedings: Petitioner's Notice of Taking Deposition of Benjamin Pridgeon Deposition filed.
- PDF:
- Date: 12/02/2015
- Proceedings: Petitioner's Notice of Cancellation of Deposition of Respondent filed.
- PDF:
- Date: 12/01/2015
- Proceedings: Petitioner's Notice of Taking Deposition of Benjamin Pridgeon filed.
- PDF:
- 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.
- PDF:
- 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.
- PDF:
- Date: 11/20/2015
- Proceedings: Notice of Telephonic Pre-hearing Conference (set for November 23, 2015; 1:30 p.m.).
- PDF:
- Date: 11/12/2015
- Proceedings: Petitioners First Request for Admissions with Interlocking Request for Production 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
-
Gerald J. Donnini, II, Esquire
Moffa, Sutton, and Donnini, P.A.
One Financial Plaza, Suite 2202
100 Southeast Third Avenue
Fort Lauderdale, FL 33394
(954) 642-9390 -
William N. Spicola, General Counsel
Department of Business and
Northwood Centre
1940 North Monroe Avenue
Tallahassee, FL 32399
(850) 488-0063 -
Gerald J. Donnini, II, Esquire
Address of Record -
William N. Spicola, General Counsel
Address of Record -
Gerald J. Donnini, Esquire
Address of Record -
Gerald J. Donnini II, Esquire
Address of Record -
William Nicholson Spicola, Esquire
Address of Record