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12-000006 CHRISTIE BEVERLY vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF STATE FIRE MARSHAL (2012)

Division of Administrative Hearings, Florida Filed: Jan. 03, 2012

The issues are whether Petitioner, Christie Beverly, should be certified as a firefighter or, in the alternative, whether Petitioner should be allowed to re-take the Firefighter Minimum Standards Practical Examination.Petitioner proved by a preponderance of evidence that the Department of Financial Services, Division of State Fire Marshal, failed to follow its own rule in administering a firefighter retest.

12-002293 DANIEL BEREJUK vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF STATE FIRE MARSHAL (2012)

Division of Administrative Hearings, Florida Filed: Jul. 02, 2012

The issue for determination is whether Petitioner successfully completed the Firefighter Minimum Standards Practical Examination Retest.Petitioner failed to show that the Firefighter Minimum Standards Practical Examination Retest's scoring was arbitrary or capricious, or the scoring process was devoid of logic and reason. Recommend denial of firefighter's license.

14-001936 DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF FUNERAL, CEMETERY, AND CONSUMER SERVICES vs ROSE HILL CEMETERY COMPANY (2014)

Division of Administrative Hearings, Florida Filed: Apr. 28, 2014

The issue is whether Respondent violated section 497.152(1)(a) and (b), Florida Statutes (2013), and, if so, what penalty should be imposed.Respondent cemetery violated the Florida Funeral, Cemetery, and Consumer Services Act by failing to treat human remains at all times with human dignity and respect. The appropriate penalty is a $1,000 fine and a reprimand.

12-003619 DAVIAN PETER SOLAN vs DEPARTMENT OF FINANCIAL SERVICES, BUREAU OF FIRE STANDARDS AND TRAINING (2012)

Division of Administrative Hearings, Florida Filed: Nov. 07, 2012

Whether Petitioner's second failed Firesafety Examination should be invalidated because of faulty examination questions, and, if so, the relief to which Petitioner is entitled.Petitioner did not meet his burden of establishing grounds for invalidating the Firesafety Inspector Certification Examination that he failed in September 2012.

12-004157 RICARDO FRANCOIS vs DEPARTMENT OF FINANCIAL SERVICES (2012)

Division of Administrative Hearings, Florida Filed: Dec. 28, 2012

The issue for determination is whether Petitioner successfully completed the Firefighter Minimum Standards Practical Examination or the Practical Examination Retest for certification as a firefighter in the State of Florida.Petitioner, who failed the Firefighter Practical Examination Retest, did not prove by a preponderance of the evidence that the Retest was arbitrary or capricious or that the Department's timing of the test was flawed.

12-004159 MICHAEL H. SHAPIRO vs DEPARTMENT OF FINANCIAL SERVICES (2012)

Division of Administrative Hearings, Florida Filed: Dec. 28, 2012

Whether Petitioner achieved a passing score on the Practical Examination for Retention of Firefighter Retest.Petitioner failed to demonstrate that he earned a passing score on the retention of firefighter retest. Recommend denial of application to retain certification.

12-003531 BRANDON MICHAEL POST vs DEPARTMENT OF FINANCIAL SERVICES (2012)

Division of Administrative Hearings, Florida Filed: Oct. 31, 2012

The issue in this case is whether Petitioner, Brandon Michael Post (Petitioner or Mr. Post), achieved a passing score on the practical exam for firefighter certification.Petitioner did not prove that he should have received a passing score in either the firefighter certification practical examination or the retest.

12-000847 SANBORN SAINTILMOND vs DEPARTMENT OF FINANCIAL SERVICES, BUREAU OF FIRE STANDARDS AND TRAINING (2012)

Division of Administrative Hearings, Florida Filed: Mar. 06, 2012

Whether Petitioner achieved a passing score on the Practical Examination for Retention of Firefighter Retest.Petitioner demonstrated that he completed the ladder component of his firefighter retention examination within the time limit; recommend that Respondent grant Petitioner's application to retain his certification.

11-003627RP COMBS OIL COMPANY vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF STATE FIRE MARSHAL (2011)

Division of Administrative Hearings, Florida Filed: Jul. 29, 2011

Whether a proposed amendment to Florida Administrative Code Rule 69A-6.005(2) constitutes an invalid exercise of delegated legislative authority in violation of section 120.52(8)(e), Florida Statutes (2011).1/Petitioner failed to satisfy its burden of establishing a factual basis for its objections to proposed FAC Rule 69A-6.005(2); and, therefore, its challenge to the proposed rule is denied.

12-002331 JESSE BEAUREGARD vs DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF STATE FIRE MARSHAL (2012)

Division of Administrative Hearings, Florida Filed: Jul. 11, 2012

Whether Petitioner's challenge to the failing score he received on the Practical Examination for Retention of Firefighter Retest he took on May 17, 2012, should be sustained.Recommend that challenge to failing score on the firefighter retention examination be denied, where challenger, who had the burden of proof, failed to make an appearance at the final hearing and to present evidence in support of his challenge.

Linjé E Rivers