Orange FL Lawyers | Sonia Nieves Burton -- eLawyers

5D06-1483 AC v. State (2006)

District Court of Appeal of Florida Filed: Nov. 07, 2006 Citations: 942 So. 2d 894

942 So. 2d 894 (2006) A.C. v. STATE. No. 5D06-1483. District Court of Appeal of Florida, Fifth District. November 7, 2006. Decision without published opinion. Affirmed.

96-005560 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES vs HYACINTH D. WYNTER (1996)

Division of Administrative Hearings, Florida Filed: Nov. 22, 1996

Whether Respondent is guilty of creating, keeping, or maintaining a nuisance injurious to health in violation of Section 386.041(1)(b), Florida Statutes, as set forth in the Citation for Violation, dated August 19, 1996.Evidence was insufficient to prove Respondent maintained a sanitary nuisance. There was reasonable effort to abate.

94-005980F WAYNE H. CROTTY, D/B/A CROTTY SEPTIC/ROTO-ROOTER AND CROTTY SEPTIC, INC. vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1994)

Division of Administrative Hearings, Florida Filed: Oct. 21, 1994

The petition in this matter was filed pursuant to Section 57.111, Florida Statutes, seeking fees and costs arising from an underlying proceeding (DOAH Case No. 93-5526) in which the Department of Health and Rehabilitative Services entered a Final Order adopting the hearing officer's recommendation that the administrative complaint against Wayne H. Crotty, d/b/a Crotty Septic/Roto- Rooter, be dismissed. The parties have stipulated to the reasonableness of the fees and costs, the total of which exceeds the statutory $15,000.00 maximum. Respondent, Department of Health and Rehabilitative Services, contests entitlement to the award and argues that Petitioners are not prevailing small business parties and, further, that the agency had a reasonable basis in law and fact at the time its complaint was filed.Corportation wasn't a party to underlying case or a ""prevailing"" sub party or a real party in interest despite fictitious name ownership.

92-006189 GAIL BOBZEIN vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1992)

Division of Administrative Hearings, Florida Filed: Oct. 13, 1992

The issue in these consolidated cases is whether the agency should grant variances from Rule 10D-6, F.A.C. regarding construction of on-site sewage disposal systems on the lots in question.Entitlement to septic tank permit variance not proven when evidence was conflicting and uncorroborated.

92-001337 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES vs GREGORY W. LEA, D/B/A PROFESSIONAL CHEMICAL APPLICATION (1992)

Division of Administrative Hearings, Florida Filed: Feb. 28, 1992

The central issue in this case is whether the Respondent is guilty of the violations alleged in the administrative complaint dated January 9, 1992; and, if so, what penalty should be imposed.Inspection performed negligently failed to disclose wood-destroying organisms.

90-007798 ROY RUMPZA vs DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES (1990)

Division of Administrative Hearings, Florida Filed: Dec. 10, 1990

The issue in this case is whether Petitioner is entitled to the issuance of a septic tank permit.No septic tank permit or variance may be issued for land zoned or rezoned industrial or manufacturing after 7/15/89

91-000357 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES vs DONALD A. MYERS (1991)

Division of Administrative Hearings, Florida Filed: Jan. 16, 1991

The issue in this case is whether Respondent is guilty of violating various disciplinary provisions governing certified operators in charge of pest control activities of licensees.$500 Fine for Failure of termite inspector to report dry rot after observing it during inspection.

89-004917 DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES vs HIRAM AND DEANA BOWDEN, D/B/A BOWDEN'S TRAILER PARK (1989)

Division of Administrative Hearings, Florida Filed: Sep. 06, 1989

The administrative complaint in this proceeding alleges that Respondents, owners of a licensed mobile home park, have failed to maintain a water system in accordance with Department of Health and Rehabilitative Services and Department of Environmental Regulation requirements; and have failed to maintain a sewage disposal system in satisfactory condition in compliance with regulations of the Department of Health and Rehabilitative Services. No evidence was produced at hearing regarding the allegation of failure to maintain a proper water system, and that allegation is deemed abandoned. The issue for disposition is whether Respondents have failed to maintain a proper sewage disposal system, and, if so, what enforcement action is appropriate.Mobile home park permit revoked for failure to maintain proper sewage disposal system after long attempts by agency to obtain voluntary compliance

Sonia Nieves Burton