STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

1. L. JAMES & COMPANY, INC., )

   )

   Petitioner, )

   )

   vs. ) CASE NO. 95-5075CVL

   ) DEPARTMENT OF MANAGEMENT SERVICES, )

   )

   Respondent. )

   )

   
   

   FINAL ORDER

   
   

   On October 12, 1995, Petitioner, T. L. James & Company, Inc., filed a Petition for Formal Administrative Hearing. The Petition and a Joint Stipulation were subsequently filed with the Division of Administrative Hearings. As the parties agreed there were no disputed issues of material fact, disposition of the cause shall be rendered based upon the stipulated facts without a formal hearing.

   
   

   FINDINGS OF FACT

   
   

   1. On November 22, 1989, T. L. James & Company, Inc. was convicted of conspiracy to suppress and eliminate competition. This is a public entity crime.

      
      

   2. T. L. James executed a Public Entity Crimes Affidavit on July 24, 1994. On the affidavit T. L. James disclosed the conviction.

      
      

   3. Pursuant to Section 287.133, Florida Statutes, the Department of management Services (DMS) shall investigate public entity crimes to determine if the convicted company should be placed on the convicted vendors' list.

      
      

   4. After receiving the affidavit from T. L. James, DMS conducted an investigation and discovered mitigating factors as defined and listed in Section 287.133, Florida Statutes. These factors are: payment of fines and damages totalling $600,000, cooperation with the officials criminally investigating and prosecuting the case, cooperation with DMS' investigation, instituting safeguards in the bid estimation process to prevent further irregularities, and providing full and accurate notice.

      
      

   5. All other facts stipulated to by the parties pursuant to the Joint Stipulation previously filed in this case are hereby adopted and incorporated by reference.

      
      

      CONCLUSIONS OF LAW

      
      

   6. The Division of Administrative Hearings has jurisdiction of the subject matter of and the parties to this case, pursuant to Section 120.57, Florida Statutes.

   7. DMS is required by Section 287.133, Florida Statutes, to conduct investigations regarding public entity crimes. T. L. James committed a public entity crime as defined in Section 287.133, Florida Statutes. DMS completed an investigation of the public entity crime pursuant to this statute.

      
      

   8. Chapter 287.133, Florida Statutes, requires that DMS place a vendor, convicted of a public entity crime, on the convicted vendors list unless the company has complied with the statutory mitigating factors. Placement on the convicted vendor's list forbids the company from doing business with the state.

      
      

   9. T. L. James has complied with the mitigating factors. It is not in the public interest to place T. L. James on the convicted vendor list.

ORDER

Based upon the Findings of Fact adopted and the Conclusions of Law reached, it is

ORDERED:

1. That the petition shall be granted and the Department of Management Services shall not place T. L. James on the convicted vendors' list.

   
   

2. That the file in this case is closed.

DONE and ORDERED this 15th day of November, 1995, in Tallahassee, Florida.

JAMES W. YORK

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 15th day of November, 1995.

COPIES FURNISHED:

Emmet J. Bondurant, Esquire BONDURANT, MIXSON & ELMORE, LLP

3900 One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309

Cindy Horne, Esquire Staff Attorney

Department of Management Services 4050 Esplanade Way, Suite 260

Tallahassee, Florida 32399-0950

William H. Lindner, Secretary Department of Management Services 4050 Esplanade Way

Tallahassee, Florida 32399-0950

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DIVISION OF ADMINISTRATIVE HEARINGS AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

Docket for Case No: 95-005075CVL

Orders for Case No: 95-005075CVL