Indian River FL General practice, Government and Land use an -- eLawyers

09-003052PL DEPARTMENT OF FINANCIAL SERVICES vs ROBERT GORDON DEWALD (2009)

Division of Administrative Hearings, Florida Filed: Jun. 08, 2009

Whether Respondent committed the acts alleged in Petitioner’s ten-count Second Amended Administrative Complaint, and, if so, what penalty, if any, should be imposed upon Robert Gordon DeWald’s (Respondent) insurance agent licenses.Petitioner proved by clear and convincing evidence that Respondent violated certain provisions of the Florida Insurance Code; Respondent failed to do due dilligence prior to selling the 12 victims the unauthorized annuity. Recommend revocation.

97-005432CON BEVERLY ENTERPRISES-FLORIDA, INC., D/B/A BEVERLY GULF COAST-FLORIDA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION; REGENTS PARK, INC.; AND WHITEHALL BOCA, AN ILLINOIS LIMITED PARTNERSHIP (1997)

Division of Administrative Hearings, Florida Filed: Nov. 20, 1997

Which, if any, of the proposals of the co-batched applicants meet the criteria for the issuance of certificate(s) of need in response to the projected need for 168 additional community nursing home beds in Palm Beach County, for the year 2000 planning horizon.Letter of Intent rule at time of hearing applies; financial unfeasibility disqualifies applicants; costs, location, services and quality of care (superior licenses) determinative of most qualified Certificate of Need.

96-006070 JOHN BROTHERTON vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1996)

Division of Administrative Hearings, Florida Filed: Dec. 27, 1996

The issues are whether the Petitioner lawfully revoked John Brotherton’s exemption for the repair or replacement of a dock in submerged lands and whether Respondent timely requested a hearing.Applicant for exemption to repair boat dock has shown sufficient title interest.

95-001095RX MOBILE AUTO REPAIR SHOP vs DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (1995)

Division of Administrative Hearings, Florida Filed: Mar. 06, 1995

The issue for determination at formal hearing was whether Rule 5J- 12.001(2), Florida Administrative Code, constitutes an invalid exercise of delegated legislative authority.Statute implemented is clear and unambiguous, legislative history not considered, rule takes away exemption priovided by Statutes, rule is invalid

96-000879RP GBS GROVES, INC., AND WITHERS AND HARSHMAN, INC. vs DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (1996)

Division of Administrative Hearings, Florida Filed: Feb. 21, 1996

Does the Florida Department of Agriculture and Consumer Services (Department)'s proposed rule 5E-1.023 constitute an invalid exercise of delegated legislative authority?Petitioners failed to establish sufficient facts to prove that proposed rule was an invalid exercise of delegated legislative authority.

94-006975 RICHARD W. GARDNER AND PESTAGON TERMITE AND PEST MANAGEMENT., INC. vs DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (1994)

Division of Administrative Hearings, Florida Filed: Dec. 15, 1994

Should Petitioner's identification card be revoked, suspended or otherwise disciplined based on the allegations contained in the Notice Of Intent To Impose Warning Letter dated September 20, 1994?There was sufficient evidence to show violation of Section 482.161(1)(f), Florida Statutes.

94-004921F CERTIFIED OPERATORS OF SOUTHWEST FLORIDA, INC., AND LAN MAC PEST CONTROL - ENGLEWOOD, INC. vs DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (1994)

Division of Administrative Hearings, Florida Filed: Sep. 02, 1994

Petitioners seek attorney's fees and costs from Respondent, Department of Agriculture and Consumer Services, pursuant to Section 57.111, Florida Statutes. The parties have stipulated that Petitioners are "small business parties" under that section, and that the fees and costs being sought are "reasonable." The issues remaining for disposition, therefore, are: Whether Petitioners "prevailed" in all four underlying cases, including the two that were settled prior to final hearing; Whether the Department "initiated" the procedures, or was merely a "nominal party"; Whether the Department had a "reasonable basis in law and fact" at the time that it initiated the proceedings; Whether special circumstances exist which would make an award unjust; and Whether the statutory $15,000 cap should be applied collectively or separately to the four underlying cases.No reasonable basis to initiate actions with out proper investigation - 4 under lying cases - fees not limited to one $15,000 cap when otherwise reasonable.

94-002801 FLORIDA PEST CONTROL ASSOCIATION, INC. vs CHERYL MANSKER AND DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (1994)

Division of Administrative Hearings, Florida Filed: May 16, 1994

These twenty-two consolidated cases relate to the registry of especially pesticide-sensitive persons maintained by the Department of Agriculture and Consumer Services (DACS) pursuant to section 482.2265(3)(d), F.S. The individual respondents in these cases have applied for designation as especially pesticide-sensitive, and the petitioners have challenged that designation. The central issue is whether any individual seeking that designation has a hypersensitivity to pesticides to such a degree that notice of exterior pesticide application on contiguous or adjacent property is not adequate to prevent the individual's health from being endangered, and notice of applications at a greater distance is necessary to protect that individual's health.Individual applicants failed to prove need for extra distance notice of pesticides use.

95-001293 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs MICHAEL A. KAELER, D/B/A TERMINIX INTERNATIONAL, L.P. (1995)

Division of Administrative Hearings, Florida Filed: Mar. 16, 1995

The issue for consideration in this matter is whether the Department should issue a Warning Letter to the Respondent because of his application of a pesticide in a client's home on September 16, 1994.Pesticide operator's application of substance was not shown to be inconsistent with label directions and so not actionable.

94-005486 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs DAVID WILLIAM BROWN (1994)

Division of Administrative Hearings, Florida Filed: Oct. 04, 1994

Whether Respondent, doing business as A-Quality Terminators, violated Chapter 482, Florida Statutes, and Chapter 5E-14, Florida Administrative Code, as alleged in the Notice of Intent to Impose Fine for failing to report visible and accessible evidence of and damage caused by wood destroying organisms following an inspection of a residence in the Orlando area on April 20, 1994.Respondent guilty of failure to perform proper termite inspection and of issuing a negligent report; fine.

Robin G. Drage