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Division of Administrative Hearings, Florida

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IN RE: MIAMI DADE WATER AND SEWER APPLICATION TO INSTALL A 90 IN. EFFLUENT DISPOSAL OUTFALL LINE vs. *, 75-002158 (1975)
Division of Administrative Hearings, Florida Latest Update: Mar. 24, 1975

Grant permit to put sewer pipe across Biscayne Bay aquatic preserve in the public interest because all provisions of the act have been met.

# 1
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs. G AND B OF JACKSONVILLE, INC., D/B/A THE HAREM, 75-002157 (1975)
Division of Administrative Hearings, Florida Latest Update: May 23, 1980

Respondent allowed employees on licensed premises to commit lewd acts. Recommend civil penalty and suspension of license for each violation.

: 561.29796.07

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W. A. R. O. INVESTMENTS CORPORATION vs. DEPARTMENT OF REVENUE, 75-002156 (1975)
Division of Administrative Hearings, Florida Latest Update: Jul. 09, 1976

Lease assignments are subject to documentary stamp tax just like a regular lease.

: 201.02

# 3
GULF COAST AGGREGATES vs. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, 75-002155 (1975)
Division of Administrative Hearings, Florida Latest Update: Mar. 21, 1977

Whether a consumptive use permit for the quantities of water applied for should be granted.Requested consumptive use permit would violate the rules in several ways, all serious. Deny the exceptions and the application.

# 4
STANDARD SAND AND SILICA COMPANY vs. SOUTHWEST FLORIDA REGIONAL PLANNING COUNCIL, 75-002154 (1975)
Division of Administrative Hearings, Florida Latest Update: Mar. 21, 1977

Petitioner seeks consumptive use permit for its plant. Recommended Order: grant permit with conditions to alleviate concerns of residents in the area.

# 5
DEPARTMENT OF TRANSPORTATION vs. J. J. HERMAN SCHOOL OF REAL ESTATE LAW, 75-002147T (1975)
Division of Administrative Hearings, Florida Latest Update: Jan. 27, 1977

Whether a sign which has been standing without a current permit as required by s. 479.07(4) F.S. is eligible for a current permit upon payment of the delinquent fees.Petitioner cannot change permitting rules without following statute. Recommend signs be permitted if they are otherwise conforming.

: 120.52120.54479.07

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LEE COUNTY vs. SEABOARD COASTLINE RAILROAD COMPANY AND DEPARTMENT OF TRANSPORTATION, 75-002144 (1975)
Division of Administrative Hearings, Florida Latest Update: Feb. 11, 1977

Whether a permit should be granted for an at-grade crossing in the vicinity of Seaboard Coast Line Railroad Company Mile Post AX-973, 480 feet south of said mile post.Grant public at-grade railroad crossing subject to safety equipment being installed.

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DEPARTMENT OF TRANSPORTATION vs. CLEAR LAKE CAMPGROUND, 75-002143T (1975)
Division of Administrative Hearings, Florida Latest Update: Apr. 19, 1977

Whether the Respondent is in violation of s. 479.07(1), Florida Statutes, a law which requires that a permit be applied for, granted, and renewed each year as a regulation for outdoor advertising in the State of Florida.Respondent maintained sign without permit from 1974-76. Recommend removal.

: 479.07

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THOMAS A. BELT, INC. vs. DEPARTMENT OF GENERAL SERVICES, 75-002139BID (1975)
Division of Administrative Hearings, Florida Latest Update: Oct. 01, 1976

Whether the Petitioner or Respondent is responsible for the payment of a sewer connection fee to the City of Tampa, Florida, under a contract for the construction of a drivers license facility HSMB-6115.Issue change order for Petitioner for claiming Respondent should pay for sewer connection to building which did not specify connection.

# 9
BERT RODGERS SCHOOLS OF REAL ESTATE vs. FLORIDA REAL ESTATE COMMISSION, 75-002114RP (1975)
Division of Administrative Hearings, Florida Latest Update: Mar. 25, 1976

This matter was submitted by Petition to the Division of Administrative Hearings challenging certain rules of the Florida Real Estate Commission. APPEARANCES For Petitioner: Cynthia S. Tunnicliff, Esquire Law Office of Sam Spector, P.A. Post Office Box 82Petitioner's request for a determination of invalidity of these rules must fail. They are properly promulgated and valid.

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CONSTRUCTION INDUSTRY LICENSING BOARD vs. LEO L. HARWOOD, D/B/A FIESTA POOLS OF OCALA, 75-002113 (1975)
Division of Administrative Hearings, Florida Latest Update: Sep. 28, 1976

Whether Respondent's registration s a pool contractor should be revoked for alleged violation of Section 468.112(2)(a), Florida Statutes.Without willful violation or harm, charges against Respondent should be dismissed.

# 11
GERALDINE K. YODER vs. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 75-002112 (1975)
Division of Administrative Hearings, Florida Latest Update: Feb. 16, 1976

Whether the Petitioner is qualified under Rule 10-41.03, Florida Administrative Code, for licensure as a clinical laboratory technician. Prior to the commencement of the hearing the nature of the proceeding and the Petitioner's right to counsel and to no ice was carefully explained. Counsel for Respondent indicated her willingness to continue the hearing to a later date if Petitioner needed time to obtain counsel. The Petitioner indicated her willingness to proceed.Deny the application for...

# 12
CONSTRUCTION INDUSTRY LICENSING BOARD vs. BOYD L. JONES, 75-002111 (1975)
Division of Administrative Hearings, Florida Latest Update: Sep. 28, 1976

Whether Respondent's license as a building contractor should be suspended for alleged violation of Section 468.112(2)(a) & (f), Florida Statutes. At the commencement of the hearing, Respondent was advised by the hearing officer of his right to legal counsel and other rights under the Administrative Procedure Act. The Respondent indicated his understanding of these rights and stated that he did not desire counsel at the hearing. Counsel for Petitioner moved to amend Paragraph 3 of the Complaint...

# 13
WESTON INSTRUMENTS, INC. vs. HARRIS CORPORATION, HATHAWAY INSTRUMENTS, INC., AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 75-002110BID (1975)
Division of Administrative Hearings, Florida Latest Update: Oct. 05, 1977

Respondent did not conform bid by close and therefore should not get the award. Award bid to Petitioner.

# 14
STANLEY CARTER KISER vs. FLORIDA STATE UNIVERSITY, 75-002108 (1975)
Division of Administrative Hearings, Florida Latest Update: Jun. 02, 1977

The sole issue for determination in this cause is whether the failing grade received by petitioner from Professor Kenneth Vinson in a constitutional law course was a result of arbitrariness, capriciousness or bad faith.Student's burden of proof is very heavy in grade challenge cases and he has to prove bad faith or arbitrariness on part of professor. Deny petition.

# 15
HERNANDO CLASSROOM TEACHERS ASSOCIATION vs. HERNANDO COUNTY SCHOOL BOARD, 75-002107 (1975)
Division of Administrative Hearings, Florida Latest Update: May 24, 1976

Respondent adopted salary schedule during collective bargaining and refused to reopen negotiations. Respondent must make restitution and abide by law.

# 16
COLUMBIA COUNTY TRANSPORTATION AND MAINTENANCE vs. COLUMBIA COUNTY BOARD OF PUBLIC INSTRUCTION, 75-002106 (1975)
Division of Administrative Hearings, Florida Latest Update: Jun. 03, 1977

Respondent is guilty of unfair labor practices and must reinstate discharged worker with back pay and interest.

# 17
UNITED FACULTY OF PALM BEACH JUNIOR COLLEGE vs. PALM BEACH JR. COLLEGE BD OF TRUSTEES, 75-002104 (1975)
Division of Administrative Hearings, Florida Latest Update: Jun. 28, 1990

Petitioner wants dues deduction during negotiations for a new contract. Recommend dismissal. There is no duty to collect dues absent contract.

# 18
DIVISION OF REAL ESTATE vs. MOLLIE LEE WARRINGTON, 75-002103 (1975)
Division of Administrative Hearings, Florida Latest Update: Jul. 15, 1976

Board didn't prove Respondent acted as broker. Board presented letters from Respondent to phone company and Better Business Bureau (BBB) as proof.

: 120.57475.01475.25475.42

# 19
BARRY J. HEALY vs. GULF CONTRACTING INDUSTRIES, 75-002100 (1975)
Division of Administrative Hearings, Florida Latest Update: Apr. 07, 1976

Petitioner failed to show he was entitled to wage scale pay and not average daily worker pay.

# 20

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