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Michael John Wheeler

Visitors: 99

Bar #868541(FL) License for 34 years

Tallahassee FL

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Florida Administrative Code: 28-106.108, 61A-2.022, 61A-3.0101, 61A-3.0141, 61A-4.063, 63G-1.002, 63G-1.004, 63G-1.008

13-002957 COUNTY OF VOLUSIA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA vs DEPARTMENT OF JUVENILE JUSTICE (2013)

Division of Administrative Hearings, Florida Filed: Aug. 09, 2013

Whether Respondent, the Department of Juvenile Justice (the Department or Respondent), provided Petitioner, the County of Volusia (Volusia County or Petitioner), a point of entry to challenge the Department's 2008-2009 reconciliation regarding Volusia County and the Department's shared costs for secure detention care for juveniles.As Volusia County was not given a point of entry to challenge the Department's 2008-09 reconciliation of shared costs, the amended petition was timely and Volusia County is entitled to a revised assessment with an additional credit.

08-005485 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs M AND Y VACO, INC., D/B/A M AND Y FOOD MART (2008)

Division of Administrative Hearings, Florida Filed: Nov. 03, 2008

The issue is whether an administrative fine should be imposed on Respondent for unlawful possession of certain alcoholic beverages on its licensed premises, as alleged in the Administrative Action dated June 2, 2008.Respondent violated law by possessing on business premises alcoholic beverages, other than the beer and wine license allowed. Mitigating factors and unintentional violation were considered in the recommended fine of $500 and $7.67 in unpaid excise taxes.

09-001670 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs NEIGHBORHOOD GRILL, INC., D/B/A NEIGHBORHOOD SPORTS GRILL (2009)

Division of Administrative Hearings, Florida Filed: Mar. 31, 2009

Whether Respondent, Neighborhood Grill, Inc., d/b/a Neighborhood Sports Grill (Respondent), failed to remit monies owed to Petitioner, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (the Department) pursuant to the surcharge provisions found in Section 561.501, Florida Statutes (2006). If so, whether the Department should impose discipline against Respondent for that failure.Respondent owes surcharge tax, interest, and penalties. Its license should be revoked if it fails to pay or make adequate payment arrangements within 30 days.

08-005045 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs MAYRA N. VAZQUEZ, D/B/A MI GENTE MARKET (2008)

Division of Administrative Hearings, Florida Filed: Oct. 10, 2008

The issues in this case are whether the allegations of the Administrative Action are correct, and, if so, what penalty should be imposed.Licensee offered illegal cigarettes and wine for sale. Recommend the penalty of administrative fine and upaid cigarette excise tax.

08-004896 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs PALLADIUM WEST CORP., D/B/A 41 WEST RESTAURANT (2008)

Division of Administrative Hearings, Florida Filed: Oct. 01, 2008

The issue is whether Respondent violated the Beverage Law.Respondent failed to appear at the hearing he requested. Jurisdiction was ceded to the Department for final action.

08-003110 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs GN HOTEL AND RESTAURANT, INC., D/B/A PINEAPPLE GRILLE (2008)

Division of Administrative Hearings, Florida Filed: Jun. 25, 2008

Whether the Respondent committed the violations alleged in the Administrative Action dated April 28, 2008, as amended by the Division at the final hearing, and, if so, the penalty that should be imposed. The Petitoner proved that the Respondent failed to provide records of the purchases and sales of alcoholic and non-alcoholic beverages and food within 10 days of the date the records were requested. Recommended penalty of $500.00 fine recommended.

06-001927 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs LAUDERDALE COPA, INC., D/B/A THE COPA (2006)

Division of Administrative Hearings, Florida Filed: May 30, 2006

The issue in this case is whether the Respondent, Lauderdale Copa, Inc., d/b/a The Copa (Respondent or The Copa) should pay an alcoholic beverage surcharge in the amount of $18,960.48 as alleged by the Administrative Complaint dated March 27, 2006. The Petitioner, Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (Petitioner or Department) claims that the surcharge is owed and due pursuant to Sections 561.502(2) and 561.29, Florida Statutes (2005).Respondent failed to keep or maintain records and surcharges computed from an inventory audit that substantiates the amount due to Petitioner.

03-001140 MICHELE YOUNG vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION (2003)

Division of Administrative Hearings, Florida Filed: Mar. 31, 2003

Retaliation claims barred by Statutory untimeliness but discussed anyway. Racial discrimination evidence of chocolate cake was not persuasive in light of credible evidence otherwise.