97-002228
Department Of Business And Professional Regulation, Division Of Alcoholic Beverages And Tobacco, vs.
Manos, Inc., D/B/A Sea Port
Status: Closed
Recommended Order on Tuesday, August 29, 2000.
Recommended Order on Tuesday, August 29, 2000.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8DEPARTMENT OF BUSINESS AND )
13PROFESSIONAL REGULATION, DIVISION )
17OF ALCOHOLIC BEVERAGES AND TOBACCO, )
23)
24Petitioner, )
26)
27vs. ) Case No. 97-2228
32)
33MANOS, INC., d/b/a SEA PORT, )
39)
40Respondent. )
42____________________________________)
43RECOMMENDED ORDER
45Pursuant to Notice, the Division of Administrative Hearings,
53by its duly-designated Administrative Law Judge, Mary Clark,
61conducted a formal hearing in the above-styled case on May 24,
722000, in Viera, Brevard County, Florida. The hearing was also
82conducted by telephone on June 13, 2000, for testimony of a
93single witness.
95APPEARANCES
96For Petitioner: James D. Martin, Esquire
102Department of Business and
106Professional Regulation
1081940 North Monroe Street
112Tallahassee, Florida 32399-2202
115For Respondent: Allen C. D. Scott, II, Esquire
123Scott & Sheppard, P.A.
127101 Orange Street
130St. Augustine, Florida 32084
134STATEMENT OF THE ISSUES
138The issues for resolution in this proceeding are whether the
148Respondent committed the violations alleged in an administrative
156complaint, as amended, and if so, what discipline is appropriate.
166PRELIMINARY STATEMENT
168On March 31, 1997, Petitioner, Division of Alcoholic
176Beverages and Tobacco (DABT) issued its 2-count administrative
184complaint alleging that Respondent, Mano's Inc., doing business
192as Seaport ( Mano's):
196(a) on or about September 30, 1996 - February 28, 1997,
207failed to maintain separate records of all purchases and gross
217sales of all alcoholic beverages and non-alcoholic beverages and
226food contrary to Section 61A-3.0141, Florida Administrative Code,
234and Sections 561.20(2)(a)4. and 561.29, Florida Statutes; and
242(b) on or about March 8, 1997, refused to admit authorized
253law enforcement officers and Division employees into licensed
261premises while in the lawful performance of their duties,
270contrary to Sections 562.41(3) and 561.29, Florida Statutes.
278After Respondent's request for formal evidentiary hearing,
285DABT referred the case to the Division of Administrative Hearings
295where it was assigned to an Administrative Law Judge and was
306scheduled for hearing. With leave of the Administrative Law
315Judge and without objection by Respondent, DABT amended its
324Administrative Complaint in November 1997 to clarify Count 2 and
334to add a third Count. Count 2 now alleges that on March 8, 1997,
348Mano's unlawfully prohibited a Division employee from performing
356an inspection of the licensed premises, pursuant to Section
365561.07, Florida Statutes, contrary to and in violation of Section
375562.41(3), within Section 561.29(1), Florida Statutes.
381Count 3 alleges that on or about March 8, 1997, Mano's
392unlawfully obstructed a law enforcement officer in the
400performance of his duties, contrary to and in violation of
410Sections 370.021(5)(a), 843.02, and 561.29(1), Florida Statutes.
417After several continuances and abeyance the hearing
424proceeded as described above.
428At the hearing, DABT presented the testimony of Sam Brewer
438and Josh Hooper and offered six exhibits, received in evidence as
449Petitioner's Exhibits Nos. 1-6.
453Respondent presented the testimony of its president and sole
462corporate officer, Raymond Cascella; David Sargeant; and Jane
470Davis. Respondent offered 11 exhibits, all of which have been
480received in evidence with the exception of Exhibit No. 8,
490rejected and marked for identification only, as irrelevant.
498Respondent's Exhibit No. 11 was taken under advisement at the
508hearing. This is videotape from surveillance cameras at Mano's
517from March 8, 1997, when DABT and other law enforcement officers
528inspected the premises. The audio, and sometimes the video,
537quality of the tape is poor but the Administrative Law Judge has
549viewed it in its entirety and has considered it in the
560preparation of this Recommended Order.
565The parties also stipulated to Joint Exhibit No. 1, a letter
576from Respondent's counsel to Josh Hooper, DABT regional director
585in Brevard County.
588The Transcript was filed on June 13 and July 3, 2000. The
600parties' Proposed Recommended Orders were filed on July 31, 2000.
610FINDINGS OF FACT
6131. Respondent, Mano's, Inc., doing business as Sea Port
622(Mano's) is now and has at all relevant times been a licensee of
635the Division of Alcoholic Beverages and Tobacco (DABT) holding a
6454 COP SRX special restaurant license. Mano's operates a
654restaurant and lounge located in Cape Canaveral, Brevard County,
663Florida.
6642. Mano's license requires that at least 51 of its gross
675retail sales be served from food and non-alcoholic beverages.
684Mano's license application clearly acknowledges this and the
692requirement that it maintain a bona fide restaurant with 4000
702square feet of floor space and seating for 200 patrons.
7123. Raymond Joseph Cascella is the president, sole corporate
721officer, and sole stockholder of Mano's. Attached to his license
731application dated May 14, 1991, is his sketch of the licensed
742premises. The instructions on the application provide that the
751sketch must include all specific areas which are part of the
762premises sought to be licensed. The sketch provided by Mr.
772Cascella includes the bar, restrooms, dining rooms, and kitchen.
7814. On September 10, 1996, Sam Brewer, then a special agent
792with DABT, conducted an inspection of Mano's licensed premises.
801Special Agent Brewer found several violations on his visit; he
811spoke with Mr. Cascella and gave Mr. Cascella a copy of the
823inspection report and three notices related to the violations.
8325. The violations observed and noted by Special Agent
841Brewer were improper display of the facility license (in the
851office rather than conspicuously displayed), insufficient seating
858(160 seats rather than 200), and failure to maintain sales
868receipts or other records to document that the 51 percent non-
879alcoholic beverages and food requirement was met.
8866. One of the notices provided to Mr. Cascella stated that
897no later than September 25, 1996, he must bring to the Rockledge
909DABT office records pertaining to total sales of food, non-
919alcoholic, and alcoholic beverages for the period June 1, 1996,
929through September 10, 1996.
9337. Mr. Cascella came to the Rockledge office on
942September 25, 1996, but the records he brought were computerized
952summaries of credit card transactions and did not reflect a
962break-out of sales of alcoholic beverages and non-alcoholic
970beverages and food. There were no guest receipts nor register
980tapes (also called "z-tapes") provided.
9868. On September 30, 1996, Special Agency Brewer issued
995another notice to Mano's. The notice, signed by Mr. Cascella,
1005directs the licensee to produce these records to the Rockledge
1015DABT district office no later than October 15, 1996, or
1025administrative changes would be brought against the alcoholic
1033beverage license:
10351) All records relating to gross retail
1042sales of food and non-A/B and all records
1050relating to gross retail sales of A/B
1057(including source documents) (i.e., Z-tapes,
1062waitress order checks), for the period
1068June 1, 1996 thru September 10, 1996.
10752) All records relating to purchases of food
1083and non-A/B and all records relating to
1090purchases of A/B, for the period June 1,
10981996, thru September 10, 1996. (Petitioner's
1104Exhibit No. 4)
11079. Mr. Cascella returned to the Rockledge office on October
111715, 1996, with a box of papers. These papers were records of
1129purchases made from different vendors but there were no records
1139of any retail sales by Mano's.
114510. In spite of letters to Special Agent Brewer from Mano's
1156counsel promising full compliance and in spite of Mr. Cascella's
1166several efforts, Mr. Cascella never produced all of the required
1176records for the relevant period (June 1, 1996 through
1185September 10, 1996).
118811. At the hearing in this proceeding Mr. Cascella
1197submitted a large plastic ziplock bag stuffed with register
1206receipts from June 1, 1996, through September 10, 1996. Mr.
1216Cascella thought he had shown these or copies to Special Agent
1227Brewer but was not sure. Mr. Cascella also conceded that the
1238tapes were not complete, as they were only from the cash register
1250at the bar, and none were from the register in the restaurant.
1262Thus, the receipts reflected mostly liquor sales for each day,
1272and very little food. (Transcript pp. 231-238)
127912. On February 7, 1997, Special Agent Brewer sent an
1289official notice to Mano's informing the licensee that DABT
1298intended to file administrative charges for failure to produce
1307records as requested, in violation of Section 561.29(1)(j),
1315Florida Statutes.
131713. On March 8, 1997, Special Agent Brewer, two other DABT
1328agents, and several officers or agents from other law enforcement
1338agencies appeared at Mano's licensed premises in Cape Canaveral.
1347Mr. Cascella, who lived upstairs with his wife, was summoned by
1358the bartender and came downstairs immediately.
136414. Mr. Cascella was very upset and told the officers that
1375they had no right to be there without a search warrant.
1386Throughout the inspection he remained very vocal and
1394argumentative. Special Agent Brewer was looking for food items
1403as part of his inspection and he requested that Mr. Cascella
1414grant access to a locked area within the kitchen, a walk-in
1425cooler or freezer. When Mr. Cascella refused, Special Agent
1434Brewer informed him that the refusal was a violation of the law
1446and he could be arrested.
145115. Eventually during the inspection the agents gained
1459access to the area only after they cut the lock. Mr. Cascella
1471was arrested for his refusal to stop interfering with the
1481inspection and for his persistent and obstreperous comments
1489during the agents' questioning of the bartender.
149616. Between October 1996, and December 1996, Jane Davis, an
1506auditor with DABT conducted a surcharge audit of Mano's for the
1517period July 1, 1993, through June 30, 1996. Mr. Cascella was
1528cooperative and had the records available for Ms. Davis' review.
1538She did not conduct an SRX audit requested by Special Agent
1549Brewer, as she was being transferred from Rockledge to Lakeland
1559and she could not take on the task of reviewing all of the Z-
1573tapes for a long period of time. The surcharge audit Ms. Davis
1585conducted was for a purpose different from the determination of
1595percentage of alcohol sales and non-alcohol sales; her audit
1604period, and consequently the records she reviewed, were not the
1614June 1, 1996, through September 10, 1996, period addressed in the
1625notices of violation issued by Special Agent Brewer.
1633CONCLUSIONS OF LAW
163617. The Division of Administrative Hearings has
1643jurisdiction in this proceeding pursuant to Sections 120.569 and
1652120.57(1), Florida Statutes.
165518. In license discipline cases such as this the agency
1665must prove the allegations of its complaint by evidence that is
1676clear and convincing. Department of Banking and Finance,
1684Division of Securities and Investor Protection v. Osborne, Stern
1693& Company , 670 So. 2d 932 (Fla. 1996).
170119. Section 561.20(2)(a)4, Florida Statutes, requires that
1708special restaurant licensees must derive at least 51 percent of
1718their gross revenue from the sale of food and non-alcoholic
1728beverages.
172920. Rule 61A-3.0141, Florida Administrative Code, provides
1736in pertinent part:
1739(1) Special restaurant licenses in excess of
1746the quota limitation set forth in subsection
1753561.20(1), Florida Statutes, shall be issued
1759to otherwise qualified applicants for
1764establishments that are bona fide restaurants
1770engaged primarily in the service of food and
1778non-alcoholic beverages, if they qualify as
1784special restaurant licensees as set forth in
1791subsection (2) of this rule. Special
1797restaurant licensees must continually comply
1802with each and every requirement of both
1809subsections (2) and (3) of this rule as a
1818condition of holding a license. Qualifying
1824restaurants must meet the requirements of
1830this rule in addition to any other
1837requirements of the beverage law. The suffix
"1844SRX" shall be made a part of the license
1853numbers of all such licenses issued after
1860January 1, 1958.
1863(2) Special restaurant licenses shall be
1869issued only to applicants for licenses in
1876restaurants meeting the criteria set forth
1882herein.
1883* * *
1886(3) Qualifying restaurants receiving a
1891special restaurant license after April 18,
18971972 must, in addition to continuing to
1904comply with the requirements set forth for
1911initial licensure, also maintain the required
1917percentage, as set forth in paragraph (a) or
1925(b) below, on a bi-monthly basis.
1931Additionally, qualifying restaurants must
1935meet at all times the following operating
1942requirements:
1943(a) At least 51 percent of total gross
1951revenues must come from retail sale on the
1959licensed premises of food and non-alcoholic
1965beverages. Proceeds of catering sales shall
1971not be included in the calculation of total
1979gross revenues. Catering sales include food
1985or non-alcoholic beverage sales prepared by
1991the licensee on the licensed premises for
1998service by the licensee outside the licensed
2005premises.
20061. Qualifying restaurants must maintain
2011separate records of all purchases and gross
2018retail sales of food and non-alcoholic
2024beverages and all purchases and gross retail
2031sales of alcoholic beverages.
20352. The records required in subparagraph
2041(3)(a)1. of this rule must be maintained on
2049the premises, or other designated place
2055approved in writing by the division for a
2063period of 3 years and shall be made available
2072within 14 days upon demand by an officer of
2081the division. The division shall approve
2087written requests to maintain the
2092aforementioned records off the premises when
2098the place to be designated is the business
2106office, open 8 hours per work day, of a
2115corporate officer, attorney, or accountant;
2120the place to be designated is located in the
2129State of Florida; and the place to be
2137designated is precisely identified by
2142complete mailing address.
21453. Since the burden is on the holder of the
2155special restaurant license to demonstrate
2160compliance with the requirements for the
2166license, the records required to be kept
2173shall be legible, clear, and in the English
2181language.
21824. The required percentage shall be computed
2189by adding all gross sales of food, non-
2197alcoholic beverages, and alcoholic beverages
2202and thereafter dividing that sum into the
2209total of the gross sales of food plus non-
2218alcoholic beverages.
2220* * *
2223(d) Full course meals must be available at
2231all times when the restaurant is serving
2238alcoholic beverages except alcoholic beverage
2243service may continue until food service is
2250completed to the final seating of restaurant
2257patrons for full course meals. A full course
2265meal as required by this rule must include
2273the following:
22751. Salad or vegetable;
22792. Entree;
22813. Beverage; and
22844. Bread.
2286(e) For purposes of determining required
2292percentages, an alcoholic beverage means the
2298retail price of a serving of beer, wine,
2306straight distilled spirits, or a mixed drink.
231321. DABT met its burden of proving the violation of the
2324above-described records requirement. The requirement that
2330records be made available within 14 days on demand rebuts
2340Respondent's argument that the rule only requires the records be
2350maintained, not that they be produced. Respondent had ample
2359notice of the period for which the records were sought, June 1
2371through September 10, 1996. The period referenced in the
2380administrative complaint, September 30, 1996, to February 28,
23881997, plainly establishes the period during which Respondent
2396failed to make all of the requested records available.
2405Specifically, Respondent failed to produce register receipts for
2413the restaurant register or other receipts adequate to compute
2422compliance with the 51 percent rule.
242822. Subsections 562.41(3) and (5), Florida Statutes,
2435provide:
2436(3) Any owner of such premises or person
2444having the agency, superintendency, or
2449possession of same, who refuses to admit such
2457officer or to suffer her or him to examine
2466such beverages, shall be guilty of a
2473misdemeanor of the second degree, punishable
2479as provided in s. 775.082 or s. 775.083.
2487* * *
2490(5) Licensees, by the acceptance of their
2497license, agree that their places of business
2504shall always be subject to be inspected and
2512searched without search warrants by the
2518authorized employees of the division and also
2525by sheriffs, deputy sheriffs, and police
2531officers during business hours or at any
2538other time such premises are occupied by the
2546licensee or other persons.
255023. By Mr. Cascella's refusal of DABT's access to the
2560cooler or freezer on his premises, Respondent violated Section
2569562.41(3), Florida Statutes. As argued by counsel for
2577Respondent, with support from the cases cited in his Proposed
2587Recommended Order, the warrentless search must still be
2595reasonable and in this case it was. Whether the area was a
2607cooler or a freezer with no alcohol stored within, DABT's agents
2618were entitled to access as part of their inspection to determine
2629compliance with, among other requirements, the 51 percent rule.
2638For example, the quantity of food stored on the premises could
2649reveal whether or not an SRX license is capable of serving full-
2661course meals.
266324. Counsel for DABT did not address the elements of the
2674third alleged violation in his Proposed Order and that allegation
2684is deemed abandoned. Moreover, Mr. Cascella's resistance was
2692merely verbal and obnoxious and was insufficient to establish a
2702violation of Section 843.02, Florida Statutes, the misdemeanor
2710offense of resisting an officer without violence. See In the
2720Interest of R.S. v. State , 531 So. 2d 1026 (Fla. 1st DCA 1988);
2733L.A.T. v. State 650 So. 2d 214 (Fla. 3d DCA 1995); and B.L.M. v.
2747State , 684 So. 2d 853 (Fla. 5th DCA 1996).
275625. Section 561.29(3), Florida Statutes, provides:
2762(3) The division may impose a civil penalty
2770against a licensee for any violation
2776mentioned in the Beverage Law, or any rule
2784issued pursuant thereto, not to exceed $1,000
2792for violations arising out of a single
2799transaction. If the licensee fails to pay
2806the civil penalty, his or her license shall
2814be suspended for such period of time as the
2823division may specify. The funds so collected
2830as civil penalties shall be deposited in the
2838state General Revenue Fund.
2842The penalty of $1,250 suggested by Petitioner is within the
2853penalty guidelines of Rule 61A-2.022, Florida Administrative
2860Code.
2861RECOMMENDATION
2862Based upon the foregoing Findings of Fact and Conclusions of
2872Law, it is
2875RECOMMENDED that the agency enter its final order finding
2884that Respondent violated Rule 61A-3.0141, Florida Administrative
2891Code, and Section 562.41(3), Florida Statutes, and imposing civil
2900penalties of $250 and $1,000, respectively, for a total of
2911$1,250.
2913DONE AND ENTERED this 29th day of August, 2000, in
2923Tallahassee, Leon County, Florida.
2927___________________________________
2928MARY CLARK
2930Administrative Law Judge
2933Division of Administrative Hearings
2937The DeSoto Building
29401230 Apalachee Parkway
2943Tallahassee, Florida 32399-3060
2946(850) 488-9675 SUNCOM 278-9675
2950Fax Filing (850) 921-6847
2954www.doah.state.fl.us
2955Filed with the Clerk of the
2961Division of Administrative Hearings
2965this 29th day of August, 2000.
2971COPIES FURNISHED:
2973James D. Martin, Esquire
2977Department of Business and
2981Professional Regulation
29831940 North Monroe Street
2987Tallahassee, Florida 32399-2202
2990Allen C. D. Scott, II, Esquire
2996Scott & Sheppard, P.A.
3000101 Orange Street
3003St. Augustine, Florida 32084
3007Barbara D. Auger, General Counsel
3012Department of Business and
3016Professional Regulation
30181940 North Monroe Street
3022Tallahassee, Florida 32399-2202
3025Joseph Martelli, Director
3028Division of Alcoholic Beverages and Tobacco
3034Department of Business and
3038Professional Regulation
30401940 North Monroe Street
3044Tallahassee, Florida 32399-2202
3047NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
3053All parties have the right to submit written exceptions within 15
3064days from the date of this Recommended Order. Any exceptions to
3075this Recommended Order should be filed with the agency that will
3086issue the final order in this case.
![](/images/view_pdf.png)
- Date
- Proceedings
- Date: 10/11/2000
- Proceedings: Final Order filed.
-
PDF:
- Date: 08/29/2000
- Proceedings: Recommended Order issued (hearing held May 24 and June 13, 2000) CASE CLOSED.
- Date: 07/31/2000
- Proceedings: Proposed Recommended Order (filed by A. Scott via facsimile)
- Date: 07/31/2000
- Proceedings: Petitioner`s Proposed Recommended Order filed.
- Date: 07/11/2000
- Proceedings: Motion for Extension of Time for Filing Proposed Recommended Order (filed by Respondent via facsimile)
- Date: 07/03/2000
- Proceedings: Transcript of Testimony of Jane Davis (Volume 1) filed.
- Date: 06/13/2000
- Proceedings: CASE STATUS: Hearing Held; see case file for applicable time frames.
- Date: 06/13/2000
- Proceedings: Transcript Volume 1 filed.
- Date: 05/30/2000
- Proceedings: Notice of Telephonic Hearing (J. Davis) (filed via facsimile).
- Date: 05/24/2000
- Proceedings: CASE STATUS: Hearing Partially Held; continued to date not certain.
- Date: 05/23/2000
- Proceedings: (Respondent) Motion to Take Testimony by Telephone filed.
- Date: 05/18/2000
- Proceedings: (Respondent) Second Amended Notice to Produce (filed via facsimile).
- Date: 05/16/2000
- Proceedings: Amended Notice of Hearing sent out. (hearing set for May 24, 2000; 9:00 a.m.; Viera, FL, amended as to DATE)
- Date: 05/12/2000
- Proceedings: (Respondent) Renewed Notice to Produce (filed via facsimile).
- Date: 05/10/2000
- Proceedings: Petitioner`s Pre-Hearing Statement (filed via facsimile).
- Date: 02/10/2000
- Proceedings: Order of Pre-hearing Instructions sent out.
- Date: 02/10/2000
- Proceedings: Notice of Hearing sent out. (hearing set for May 17, 2000; 9:00 a.m.; Viera, FL)
- Date: 02/02/2000
- Proceedings: Status Report (Petitioner) (filed via facsimile).
- Date: 01/18/2000
- Proceedings: Order Granting Continuance sent out. (Parties to advise status by February 1, 2000.)
- Date: 01/18/2000
- Proceedings: Respondent`s Prehearing Statement (filed via facsimile).
- Date: 01/14/2000
- Proceedings: (Petitioner) Notice of Substitution of Counsel and Motion for Continuance (filed via facsimile).
- Date: 01/13/2000
- Proceedings: (Respondent) Notice to Produce (filed via facsimile).
- Date: 10/13/1999
- Proceedings: Order of Pre-hearing Instructions sent out.
- Date: 10/13/1999
- Proceedings: Notice of Hearing sent out. (hearing set for January 25, 2000; 9:00 a.m.; Viera, FL)
- Date: 10/04/1999
- Proceedings: Telefax Memorandum to E. Whitehurst from A. Scott Re: Dates available for final hearing (filed via facsimile).
- Date: 10/04/1999
- Proceedings: Status Report (Petitioner) (filed via facsimile).
- Date: 10/01/1999
- Proceedings: Telefax Memorandum to E. Whitehurst from A. Scott Re: Dates available for final hearing (filed via facsimile).
- Date: 10/01/1999
- Proceedings: (Petitioner) Status Report (filed via facsimile).
- Date: 09/21/1999
- Proceedings: Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by October 2, 1999.)
- Date: 05/18/1999
- Proceedings: Amended Notice of Hearing sent out. (hearing set for 9/28/99; 1:00pm; Viera)
- Date: 05/14/1999
- Proceedings: Joint Motion for Continuance (filed via facsimile).
- Date: 04/12/1999
- Proceedings: Order of Prehearing Instructions sent out.
- Date: 04/12/1999
- Proceedings: Notice of Hearing sent out. (hearing set for 7/20/99; 9:00am; Viera)
- Date: 04/01/1999
- Proceedings: Notice of Appearance and Substitution of Counsel for Department of Business and Professional Regulation (filed via facsimile).
- Date: 04/01/1999
- Proceedings: (Respondent) Status Report (filed via facsimile).
- Date: 01/20/1999
- Proceedings: Order Continuing Case in Abeyance sent out. (status report due by 4/1/99)
- Date: 01/19/1999
- Proceedings: Status Report (Respondent) (filed via facsimile).
- Date: 12/09/1998
- Proceedings: (Respondent) Status Report (filed via facsimile).
- Date: 10/06/1998
- Proceedings: Order Continuing Case in Abeyance sent out. (status report due by 12/1/98)
- Date: 08/11/1998
- Proceedings: (Respondent) Status Report (filed via facsimile).
- Date: 06/24/1998
- Proceedings: Order Continuing Case in Abeyance sent out. (status report due by 9/1/98)
- Date: 06/11/1998
- Proceedings: (Respondent) Status Report (filed via facsimile).
- Date: 02/17/1998
- Proceedings: Order of Abeyance sent out. (Respondent to file status on criminal case by 6/1/98)
- Date: 02/16/1998
- Proceedings: (Respondent) Unopposed Motion for Continuance; (Allen Scott) Notice of Appearance (filed via facsimile).
- Date: 02/16/1998
- Proceedings: (Miguel Oxamendi) Notice of Appearance (filed via facsimile).
- Date: 02/16/1998
- Proceedings: (Petitioner) Notice of Withdrawal of Petitioner`s Motion to Amend Notice of Administrative Action (filed via facsimile).
- Date: 12/10/1997
- Proceedings: (Petitioner) Motion to Amend Notice of Administrative Action (filed via facsimile).
- Date: 12/10/1997
- Proceedings: Order sent out. (Motion to Withdraw by Scott and Scott Granted)
- Date: 12/01/1997
- Proceedings: (Respondent) Motion to Withdraw filed.
- Date: 11/14/1997
- Proceedings: Notice of Hearing sent out. (hearing set for 2/19/98; 9:00am; Viera)
- Date: 11/14/1997
- Proceedings: Prehearing Order sent out.
- Date: 11/10/1997
- Proceedings: Order sent out. (Motion to amend count 2 & to add count 3 to administrative charges is granted)
- Date: 11/10/1997
- Proceedings: Order sent out. (Venue is Changed to Brevard County)
- Date: 11/10/1997
- Proceedings: Notice of Substitution of Counsel filed.
- Date: 10/24/1997
- Proceedings: (Petitioner) Motion to Amend Administrative Charges filed.
- Date: 10/24/1997
- Proceedings: (Petitioner) Motion to Reschedule Hearing Motion to Change Venue filed.
- Date: 09/05/1997
- Proceedings: Order of Continuance sent out. (hearing cancelled)
- Date: 09/04/1997
- Proceedings: (Petitioner) Motion for Continuance filed.
- Date: 07/09/1997
- Proceedings: Notice of Hearing sent out. (hearing set for 9/9/97; 10:00am; St. Augustine)
- Date: 06/04/1997
- Proceedings: (Petitioner) Response to Initial Order filed.
- Date: 05/14/1997
- Proceedings: Initial Order issued.
- Date: 05/12/1997
- Proceedings: Agency Referral Letter; Request for Hearing Form; Administrative Action filed.