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5D11-2171 MERRIEL v. State (2011)

District Court of Appeal of Florida Filed: Oct. 26, 2011 Citations: 75 So. 3d 294

75 So. 3d 294 (2011) MERRIEL v. STATE. No. 5D11-2171. District Court of Appeal of Florida, Fifth District. October 26, 2011. DECISION WITHOUT PUBLISHED OPINION Affirmed.

07-000074 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs WILLIS WITTMER, JR., AND JR WITTMER`S REMODELING, INC. (2007)

Division of Administrative Hearings, Florida Filed: Jan. 05, 2007

The issues to be resolved in this proceeding concern whether the Respondent committed the charged violations of Section 489.127(1)(f), Florida Statutes (2006), and Section 489.531(1)(a), Florida Statutes (2006), and if so, what penalty, if any, is warranted.Petitioner failed to prove that Respondent was compensated for his work on a putative construction contract and therefore that he was a "contractor" engaging the business of contracting. Therefore the violation of the statutes was not established.

04-002786 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, vs ROBERT JOSEPH MOLITOR, D/B/A OAR HOUSE BAR AND LIQUORS (2004)

Division of Administrative Hearings, Florida Filed: Aug. 09, 2004

There are two issues presented in this proceeding. One, whether Respondent and/or its employees or agents possessed, sold or served on its licensed premises alcoholic beverages labeled as and represented to be a specific alcoholic beverage(s), but the containers did not contain the alcoholic beverage(s) as stated on the labels of the bottles (misrepresentation), in violation of Section 562.061, Florida Statutes (2004).1 Two, whether Respondent reused or refilled with distilled spirituous liquors for the purpose of sale bottle(s) or other containers which once contained spirituous liquors, misrepresented or permitted to be misrepresented the brand of distilled spirits being sold or offered for sale in or from any bottle or containers for the purpose of sale in violation of Section 565.11, Florida Statutes.Respondent "refilled" liquor bottles and misrepresented the content of the brand(s) of liquors. Recommend suspension for 20 days and an administrative fine of $1,000.

05-001882RP BOWLING CENTERS ASSOCIATION OF FLORIDA, INC.; SHORE LANES, INC.; SANFORD FINKLESTEIN; AND SARAH LYNCH vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO (2005)

Division of Administrative Hearings, Florida Filed: May 20, 2005

Whether the proposed Rules 61A-7.006, 61A-7.007, 61A-7.008, and 61A-7.009, constitute a valid exercise of delegated legislative authority, as such term is defined in Subsection 120.52(8), Florida Statutes (2004).Respondent corrected deficiencies found in a prior rule challenge. The proposed rules are not an invalid exercise of delegated legislative authority. The challenge is denied.

04-004112 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF COSMETOLOGY vs MAYELIN UNISEX BEAUTY SALON (2004)

Division of Administrative Hearings, Florida Filed: Nov. 12, 2004

Whether Respondent committed the violation alleged in the Administrative Complaint dated January 29, 2004, and if so, what penalty should be imposed.The permitting of an unlicensed worker to perform hair care services for compensation warrants a $500 administrative fine.

97-005960 BOARD OF CHIROPRACTIC vs DOUGLAS N. GRAHAM (1997)

Division of Administrative Hearings, Florida Filed: Dec. 22, 1997

At issue in this proceeding is whether Respondent committed the offenses set forth in the Administrative Complaint and, if so, what penalty should be imposed.Chiropractic physician guilty of malpractice for failure to cease care of patient when it became apparent his ailment exceeded physician's ability and authorization to treat.

98-002938 PATRICIA KATZ vs CLINICAL SOCIAL WORKERS (1998)

Division of Administrative Hearings, Florida Filed: Jul. 06, 1998

Whether Petitioner's license to practice clinical social work was lawfully annulled.Petitioner`s failure to file license renewal forms led to annulment of her license and inadequate notice of proposed action. Agency was not required to track licensee.

02-001928 ANA C. RIVERO vs DEPARTMENT OF HEALTH (2002)

Division of Administrative Hearings, Florida Filed: May 10, 2002

Whether the Petitioner should receive a passing grade on the Clinical Application of Medical Knowledge and Basic Science & Disease Process portions of the Florida Medical Licensure Examination ("FMLE") administered November 15 and 16, 2001.Petitioner failed to prove that she should have received a passing score on the Florida Medical Licensure Examination administered November 15 and 16, 2001, and her petition should be dismissed.

02-002302 JASON S. BAKER, D.M.D. vs DEPARTMENT OF HEALTH (2002)

Division of Administrative Hearings, Florida Filed: Jun. 11, 2002

The issue in this case is whether Petitioner should receive a passing score on the December 2001 dental license examination.Petitioner`s examination grade on dental examination was correct and challenge by Petitioner should be dismissed.

00-001419 JOELLEN L. DREYFUS vs DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC (2000)

Division of Administrative Hearings, Florida Filed: Apr. 03, 2000

The issue in this case is whether the Petitioner, Joellen L. Dreyfus, should receive a passing grade on the May 1998 Chiropractic Board Examination.Exam challenge proved addition of physical therapy to chiropractic exam violated statute and rule. Governing exam by altering percentages of areas covered. With elimination of physical therapy questions, passed.

Elizabeth Renee Alsobrook