STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
THE PARADIES SHOPS, INC., and ) PARADIES MIDFIELD CORPORATION, )
)
Petitioners, )
)
vs. ) CASE NO. 97-2090CVL
)
STATE OF FLORIDA, DEPARTMENT )
OF MANAGEMENT SERVICES, )
)
Respondent. )
)
FINAL ORDER
This case was presented upon a joint stipulation of facts but not law. That stipulation was filed on May 13, 1997.
Therefore, the hearing which had been noticed to be held June 4, 1997 to resolve fact disputes was cancelled.
APPEARANCES
For Petitioner: Ronald C. LaFace, Esquire
Seann M. Frazier, Esquire
101 East College Avenue Post Office Box 1838 Tallahassee, Florida 32302
For Respondent: Terry A. Stepp, Esquire
Department of Management Services 4050 Esplanade Way, Suite 260
Tallahassee, Florida 32399-0950 STATEMENT OF ISSUES
Is it in the public interest to place Petitioners, Paradies Shops, Inc. and Paradies Midfield Corporation (Paradies Shops and Paradies Midfield) on the State of Florida Convicted Vendor List maintained by Respondent State of Florida Department of Management
Services (the Department)? Section 287.133, Florida Statutes (1996 Supp.).
PRELIMINARY STATEMENT
On May 1, 1997, the Department noticed Paradies Shops and Paradies Midfield that the Department had conducted an investigation pursuant to Section 287.133, Florida Statutes, and determined that good cause existed to place Paradies Shops and Paradies Midfield on the Convicted Vendor List. The Department notified Paradies Shops and Paradies Midfield that those companies had the right, within 21 days of receipt of the notice, to petition for a formal hearing to determine whether it was in the public interest for Paradies Shops and Paradies Midfield to be placed on the Convicted Vendor List.
On May 1, 1997, Paradies Shops and Paradies Midfield filed a petition for formal administrative hearing with the Department to determine whether it was in the public interest for Paradies Shops and Paradies Midfield to be placed on the Convicted Vendor List.
On May 2, 1997, the Department requested the Director and Chief Judge of the Division of Administrative Hearings to assign an Administrative Law Judge to conduct a proceeding to determine whether it was in the public interest to place Paradies Shops and Paradies Midfield on the Convicted Vendor List. This request for assignment of an Administrative Law Judge was accompanied by the
petition for formal administrative hearing filed by Paradies Shops and Paradies Midfield.
W. H. Smith, Inc. and other affiliates of W. H. Smith U.S.A., Inc., competitors to Paradies for public contracts awarded pursuant to Florida "bid law", sought intervention in this case through an original petition to intervene and request for formal hearing and through amendments to that petition to intervene and request for formal hearing. That petition was denied by an order entered May 15, 1997, as clarified through an order entered on May 23, 1997. On June 3, 1997 an order was entered denying a stay of the ruling pending appeal to a Florida District Court of Appeal.
Through the joint stipulation of facts the parties intended to provide a full and complete factual basis for determining whether Paradies Shops and Paradies Midfield should be placed on a Convicted Vendor List. Further, they represented that no disputed issues of material fact existed between the Department and Paradies Shops and Paradies Midfield which would require formal hearing. Consequently, in response to the hearing notice scheduling a formal hearing for June 4, 1997, the parties asked that that hearing be cancelled and that a final order disposing of the case be rendered based upon the factual stipulation.
Through a supplementary joint stipulation Paradies Shops and Paradies Midfield expressed their desire to submit a proposed final order in support of their argument that applicable law
applied to the stipulated facts would result in a conclusion of law that Paradies Shops and Paradies Midfield should not be placed on the Convicted Vendor List. On May 21, 1997, Paradies Shops and Paradies Midfield filed a proposed final order for consideration. It has been considered. Through the supplementary joint stipulation the Department declined to submit a proposed final order stating that it considered the matter ready for decision based upon the stipulated facts.
FINDINGS OF FACT
The corporate headquarters of Paradies Shops is located at 5950 Fulton Industrial Boulevard, Atlanta, GA 30336.
Paradies Shops is conducting business with several Florida public entities in the form of airport retail concession contracts.
Paradies Shops owns 65 percent of Paradies Midfield.
Paradies Shops owns 75 percent of Paradies-Ft. Lauderdale. Paradies-Jacksonville, Paradies-Sarasota and Paradies-Daytona Beach are all Sub-Chapter S corporations, for tax purposes; therefore, Paradies Shops does not own any stock in these three corporations. The Paradies family and Richard Dickson own, on an individual basis, 75% to 85% of the Sub- Chapter S affiliates. The remaining stock is owned by the Disadvantaged Business Enterprise (DBE) partners of Paradies Shops in these ventures.
Paradies Shops and Paradies Midfield do not operate through divisions. Paradies Midfield has one subsidiary, Paradies Country Stores, Inc.
All of the corporate addresses for other Paradies Companies, in addition to Paradies Shops, are at 5950 Fulton Industrial Boulevard, Atlanta, GA 30336.
The subsidiaries, affiliates, limited liability companies and Florida leases of Paradies are as follows:
Subsidiaries
Paradies-Chicago, Inc. Paradies-Fort Lauderdale, Inc. Paradies-Hartford, Inc.
Paradies-Louisville, Inc. Paradies Midfield Corporation Paradies Pugh, Inc.
PAS Group, Inc.
Affiliates
Mercaro Gifts-TPS, Inc.
Paradies-Concessions II-Arch, Inc. Paradies-Dayton, Inc.
Paradies-Huntsville, Inc. Paradies-Jacksonville, Inc. Paradies-Knoxville, Inc.
Paradies-LaGuardia, Inc. Paradies-Metro Ventures, Inc. Paradies-Orange Co., Inc.
Paradies-Sarasota, Inc. Paradies-South, Inc.
Paradies-Toronto, Inc. Paradies-Daytona Beach, Inc. Paradies-Vancouver, Inc.
PGA Tour Licensing
Limited Liability Companies
Paradies & Associates, L.L.C. Paradies-Colorado Springs, L.L.C. Paradies-Madison, L.L.C. Paradies-Desert House, L.L.C.
Paradies-Phoenix, L.L.C. Current Florida Leases
Company Name
Paradies Southwest Florida Intl. Lee County Port Ft. Myers, Florida Authority
Paradies Palm Beach Intl. Airport Palm Beach
West Palm Beach, FL County
Paradies Tallahassee Regional Airport City of
Tallahassee, Florida Tallahassee
Paradies Orlando Intl. Airport Greater Orlando Orlando, Florida Aviation Authority
Paradies Ft. Lauderdale Intl. Airport Broward County Ft. Lauderdale, Florida
Paradies Jacksonville Intl. Airport Jacksonville
Port Authority
Paradies Sarasota/Bradenton Intl. Sarasota-Manatee Sarasota, Florida Airport Authority
Paradies Daytona Beach Intl. Airport County of Volusia Daytona Beach, Florida
The following constitutes the Florida business registrations for Paradies, to include the company name and the Florida registration number:
Company Florida Registration # Parent
Paradies, Inc. 826058
Subsidiaries
Paradies-Ft. Lauderdale, Inc. M11773 Sub-S Affiliates
Paradies-Jacksonville, Inc. P30174
Paradies-Sarasota, Inc. P27093 Paradies-Daytona Beach, Inc. F92000000397
Pursuant to Section 287.133, Florida Statutes (1996 Supp.), the Department is responsible for investigating and prosecuting cases involved with persons or affiliates that it has reason to believe have been convicted of a public entity crime. This responsibility is as a means to maintain a list of the names and addresses of those persons or affiliates who have been disqualified from the public contracting and purchasing process engaged in with Florida public entities subject to that statute.
Daniel M. Paradies, Paradies Shops and Paradies Midfield, were charged with public entity crimes as defined within subsection 287.133(1)(g), Florida Statutes (1996 Supp). That case was tried before a jury in January, 1994 (U.S. v. Ira Jackson, et al., Case No. 1:93:CR-310, U.S. District Court for the Northern District of Georgia, Atlanta Division.) On January 22, 1994 the jury returned a verdict of guilty.
On April 15, 1994, the U.S. District Court for the Northern District of Georgia, Atlanta Division, entered judgments of conviction for 83 counts of mail fraud against Daniel M. Paradies, Paradies Shops and Paradies Midfield, for violations of Sections 1341 and 1346 of Title 18, United States Code. Daniel
M. Paradies was also convicted of one count of conspiracy to commit bribery in violation of Section 371 of Title 18, United States Code. These judgments and convictions of Daniel M.
Paradies, Paradies Shops and Paradies Midfield constituted convictions for public entity crimes as defined within Subsections 287.133(1)(g) and 287.133(3)(e), Florida Statutes (1996 Supp.). Further information concerning the judgments of conviction may be found in Exhibits M, N, O and P to the joint stipulation of facts by the parties.
The nature and details of the public entity crimes for which judgments of conviction were entered against Daniel M. Paradies, Paradies Shops and Paradies Midfield may be found in Exhibit P to the stipulation by the parties. As well, that exhibit speaks to the culpability of the persons or affiliates proposed to be placed on the Convicted Vendor List. Section 287.133(3)(e)3b. and c., Florida Statutes (1996 Supp.).
On September 23, 1996, the United States Court of Appeals for the Eleventh Circuit affirmed all convictions of Daniel M. Paradies, Paradies Shops and Paradies Midfield. The Eleventh Circuit denied rehearing on December 26, 1996, but stayed its mandate pending a Petition for Writ of Certiorari in an Order entered January 22, 1997. By seeking a stay of the Eleventh Circuit's mandate, the Paradies companies announced their intention to file a Petition for Writ of Certiorari in the United States Supreme Court within thirty (30) days after the mandate had been stayed. A copy of the Eleventh Circuit order granting the motion to stay pending a Petition for Writ of
Certiorari is found as Exhibit A to the fact stipulation by the parties. The Petition for Writ of Certiorari has been filed.
In consideration of the requirements of Section 287.133(e)3.d, Florida Statutes (1996 Supp.), requiring consideration of "prompt or voluntary payment of any damages or penalty as a result of the conviction" for a public entity crime, no restitution was required by the final judgment in that case.
A fine and special assessment against Paradies Shops were payable over a five year period, once the judgment becomes final.
Because the Eleventh Circuit order stayed issuance of the mandate pending United States Supreme Court's ruling for the Petition for Writ of Certiorari to be filed by Mr. Paradies, Paradies Shops and Paradies Midfield, the fine and special assessment are not due at this time. The Paradies Shops has established a reserve for payment of the fine and that reserve is reflected in its audited balance sheet. In the event the Supreme Court denies the Petition, Paradies Shops and Paradies Midfield intend to pay the full amount of the fine and the special assessment within thirty
(30) days of a final judgment. A copy of "the Paradies Shops, Inc., its Subsidiaries and its Affiliates Consolidated and Combined Financial Statements June 30, 1996 and 1995," demonstrating the availability of the funds is attached to the fact stipulation by the parties as Exhibit D.
In accordance with Section 287.133(3)(e)3.e, Florida Statutes (1996 Supp), Paradies Shops and Paradies Midfield
cooperated with the state and federal investigations and federal prosecution of the public entity crime consistent with their good faith exercise of constitutional, statutory or other rights during the investigation or prosecution of the public entity crime, to the extent that:
Paradies Shops and Paradies Midfield at all times cooperated with the federal government with its investigation. Paradies produced tens of thousands of pages of documents and made all of its employees available for appearance before the Federal Grand Jury. In addition, several Paradies Shops' employees were called by the government to testify at trial.
Paradies Shops and Paradies Midfield, fully cooperated with the Department in connection with this investigation initiated pursuant to Section 287.133, Florida Statutes, and supplied the Department with all requested documents concerning the Atlanta proceeding.
In association with Section 287.133(3)(e)3.f, Florida Statutes (1996 Supp.), the following acts of "disassociation from any person or affiliates convicted of the public entity crime" have transpired:
Paradies Midfield and Paradies Country Store ceased all operations on March 31, 1995.
In May, 1994, Dan Paradies resigned as President and Director for Paradies Shops and is no longer employed in any capacity with any company. Mr. Paradies has placed in a blind irrevocable trust all of the stocks he owns in Paradies Shops and its affiliates (including the companies operating in Florida). Mr. Paradies does not have any control over the stock in the blind irrevocable trust and cannot vote any of that
stock. In regards to his capacity within the company, Mr. Paradies has no involvement nor any control over any of the Paradies companies. He is not employed in any capacity with any of the companies nor is he an officer or director of any of the companies. Paradies Shops and Paradies Midfield were held responsible based on the ownership and control of Mr. Dan Paradies.
Charges were not brought against any other officer, director or employee of Paradies.
The government did charge Mack Wilbourn, a director of Paradies Midfield, but he was acquitted.
In association with Section 287.133(3)(e)3.g, Florida Statutes (1996 Supp.), "prior or future self-policing by the person or affiliate to prevent public entity crimes" has been shown to the extent that:
Following the convictions Paradies Shops engaged the international accounting firm of Coopers & Lybrand to review and evaluate all DBE business relationships of Paradies Shops. These reviews were completed in May of 1994, and found no evidence of any improper activities. These reviews are found as Exhibit E to the fact stipulation by the parties.
Paradies Shops has adopted a Code of Business Practices that is designed to provide officers and all management of the Company a guide to the basic principles to be applied in conducting the company's business. The failure on the part of a covered employee to abide by the provision of the Code is grounds for immediate dismissal. This code also directs employees to report any suspected violations of the law or other misconduct.
The Code has been read and executed by all employees in the home office in Atlanta
and all managers in all locations around the country. All future new employees at the home office and new management level employees are required to read and agree to follow the Code. The Company requires all covered employees to certify, on at least an annual basis, that they have reviewed the Code and that they will continue to abide by its terms. A copy of Paradies Code of business practices, which includes a blank certification form, is Exhibit F to the fact stipulation by the parties.
In accordance with Section 287.133(3)(e)3.h, Florida Statutes (1996 Supp.), consideration is given any "reinstatement or clemency in any jurisdiction in relation to the public entity crime at issue in the proceeding." To that extent:
No debarment proceedings have been initiated against Paradies by any state as a result of the Atlanta conviction. Paradies has not been debarred by any state as a result of the Atlanta conviction.
The fact stipulation relates that:
Since the convictions, Paradies has won thirteen (13) new contracts through competitive proposals and received the extensions of fourteen (14) existing contracts. Additionally, Paradies has been awarded five (5) off-airport contracts since the conviction to include a long-term contract with the World Golf Village, currently under development south of Jacksonville, Florida, and scheduled to open March of 1998. In addition, in 1996, the PGA TOUR has extended the Paradies exclusive license to operate the PGA TOUR Shops for an additional five (5) years.
These representations in the fact stipulation are not found to relate to the factor to be considered by the undersigned which is Section 287.133(3)(e)3.h, Florida Statutes (1996 Supp.).
Section 287.133(3)(e)3.i, Florida Statutes (1996 Supp.) makes it incumbent upon the person or affiliate who is convicted of a public entity crime applicable to that person or affiliate of that person to notify the Department within 30 days of the conviction of the public entity crime.
Without necessity the parties stipulated that:
On July 9, 1993, the same day the indictment was returned, Paradies Shops notified all airports at which Paradies Shops (or its subsidiaries or affiliates) operates, including all airports in Florida of the indictment that was returned by the Federal Grand Jury in Atlanta. Copies of the indictment were sent to all airports in Florida along with the notification. Copies of the notice of indictment sent to all Florida Airports at which Paradies Shops operated are attached and incorporated in the fact stipulation as Exhibit G.
As contemplated by the statute and stipulated to by these parties:
On January 24, 1994, the first business day after the conviction, Paradies Shops notified all such airports in Florida (and elsewhere) of the guilty verdicts returned by the jury in Atlanta. Copies of the Notices of Convictions sent to all Florida airports at which Paradies operated are attached and incorporated into this stipulation as Exhibit H.
On April 15, 1994, the same day as the sentencing, Paradies Shops notified all such airports in Florida (and elsewhere) that the District Court had denied the Motion for Judgment of Acquittal or New Trial. Copies of the notices reporting Denial of the Motionfor Judgment of Acquittal or new trial sent to all Florida airports at which Paradies Shops operated are attached and
incorporated into this stipulation as Exhibit I.
Additionally, the parties stipulated that "the Department of Management Services has been informed of all subsequent developments and decisions." This refers to circumstances following the notification to the Florida airports that the District Court had denied the Motion for Judgment of Acquittal or New Trial. It is not clear from the fact stipulation upon what basis the Department was informed of the judgments of convictions within 30 days after the conviction of the public entity crime applicable to the subject persons or affiliates nor has it been shown that any public entity (Florida airports) which received the information that a person had been convicted of a public entity crime had transmitted that information to the Department in writing within 10 days after receipt of that information as contemplated by Section 287.133(3)(b), Florida Statutes (1996 Supp.). Nonetheless, the parties have stipulated that pursuant to Section 287.133(3)(b), Florida Statutes (1996 Supp.), Paradies Shops made timely notification to the Department of the conviction of public entity crimes applicable to persons or affiliates of that person and provided details of the convictions and that communication was direct.
Section 287.133(3)(e)1., Florida Statutes (1996 Supp.), was complied with by the Department through its Notice of Intent to Paradies Shops and Paradies Midfield in writing indicating the
intent to place those persons on the Convicted Vendor List. This notification occurred on April 29, 1997. A copy of the Notification is included with the parties fact stipulation as Exhibit B.
On April 29, 1997, in accordance with Section 287.133(3)(e)2, Florida Statutes (1996 Supp.), Paradies Shops and Paradies Midfield timely filed a Petition for Administrative Hearing pursuant to Section 120.57(1), Florida Statutes (1996 Supp.) to determine whether it is in the public interest for Paradies Shops and Paradies Midfield to be placed on the State of Florida Convicted Vendor List. A copy of the petition for Formal Administrative Hearing is attached and incorporated in the parties fact stipulation as Exhibit C.
Section 287.133(3)(e)3.j, Florida Statutes (1996 Supp.), calls for consideration of "the needs of public entities for additional competition in the procurement of goods and services in their respective markets." The parties have not stipulated concerning that criterion. Therefore, no factual basis exists for determining the needs of public entities for additional competition in the procurement of goods and services in the respective markets.
Section 287.133(3)(e)3.k, Florida Statutes (1996 Supp.), addresses "mitigation based upon any demonstration of good citizenship by the person or affiliate." In responding to that factor the parties have stipulated to the following:
Paradies Shops was rated the 'Best Airport Retail Concessionaire for 1995' by an expert group of Concessionaires, and
Consultants and Airport Managers. Paradies Shops was also chosen as the 'concessionaire with highest regard for customer services'.
These awards were reported in the December 20, 1995 edition of 'World Airport Retail News', a publication based in West Palm Beach, Florida. A copy of this report is attached and incorporated into the stipulation as Exhibit J. In addition, Paradies Shops has supplied letters from 26 airport authorities attesting to the good citizenship of Paradies Shops. Copies of such Supplied Letters are attached and incorporated into the stipulation as Exhibit K.
Paradies Shops was rated the 'Best Airport retail concessionaire for 1996' by an expert group of concessionaires, and Consultants and Airport Managers. Paradies Shops has now won this award for the past two
(2) consecutive years. In each year, Paradies Shops was honored with this Award by a separate panel of experts. Additionally, Paradies Shops was granted the following awards in 1996: 'Best Airport Retailer', 'Concessionaire with Highest Regard for Public Service', 'Best New Specialty Retail Concept', and 'Most Visually Attractive, Engaging Retail Store Front in an Airport'. Notice of these awards appeared in the February 20, 1997 edition of 'World Airport News', a copy of which is attached and incorporated into the stipulation as Exhibit L'.
Having considered the fact stipulations and Exhibits J, K, and L, it is concluded that these facts and exhibits do not relate to demonstration of good citizenship as described in Section 287.133(3)(e)3.k, Florida Statutes (1996 Supp.).
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the subject matter and the parties pursuant to Sections 120.57 and 287.133, Florida Statutes (1996 Supp.).
Paradies Shops and Paradies Midfield are persons as defined in Section 287.133(1)(e), Florida Statutes (1996 Supp.), in that they are entities organized under appropriate laws with the legal power to enter into binding contracts with public entities in Florida. "Public entity" is defined at Section 287.133(1)(f), Florida Statutes (1996 Supp.). Paradies Shops and Paradies Midfield have committed public entity crimes as defined in Section 287.133(1)(g), Florida Statutes (1996 Supp.), as described in the fact finding.
The parties have stipulated to facts as contemplated by Section 287.133(3)(e)2.f, Florida Statutes (1996 Supp.), but they have not stipulated concerning the legal outcome. Therefore, the case may not be disposed of by informal means as contemplated by Section 120.57(4), Florida Statutes (1996 Supp.). Under the circumstances, there being no agreement concerning the legal disposition, this case is decided in accordance with Section 287.133(3)(e)4, Florida Statutes (1996 Supp.).
Pursuant to Section 287.133(3)(e)4, Florida Statutes (1996 Supp.) the Department must prove that it is in the public interest for the person to whom it has given notice of intent to
place the person on the Convicted Vendor List, to place that person on the Convicted Vendor List. Proof of a conviction of the person or an affiliate constitutes a prima facia case that it is in the public interest for the person or affiliate to whom the Department has given notice to be placed on the Convicted Vendor List. In this case there has been proof of the conviction of a public entity crime by both Paradies Shops and Paradies Midfield. Thus a prima facia case has been established to place those persons on the Convicted Vendor List. In accordance with that statutory provision prompt payment of damages or posting of a bond, cooperation with investigation, and termination of the employment or other relationship with the employer or other natural person responsible for that public entity crime creates a rebuttable presumption that it is not in the public interest to place a person or affiliate on the Convicted Vendor List. Here it has been shown that restitution was not required by the final judgment in the federal court. The special assessment against Paradies Shops and Paradies Midfield would only be payable over a five year period once the judgment becomes final. The judgment is pending ruling by the United States Supreme Court on the Petition for Writ of Certiorari. As a consequence, the fine and special assessment are not due at present, but will be paid if required following exhaustion of appellate remedies.
Paradies Shops has established a reserve for payment of the fine and the reserve is set out in the audited sheet. If the
Supreme Court denies the Petition for Writ of Certiorari Paradies Shops and Paradies Midfield intends to pay the full amount of fine and special assessment within 30 days of the final judgment. Moreover, Paradies Shops and Paradies Midfield have cooperated with the federal government in its investigation of the underlying public entity crime and with the Department in its investigation. Finally, Paradies Midfield and its subsidiary Paradies Country Store, Inc. ceased operations on March 31, 1995 and in May, 1995 Dan Paradies resigned as President and Director of Paradies Shops and is no longer employed in any capacity within a company. Nor, does he have any involvement or control over any of the Paradies companies. Mr. Paradies does not have control over the stock in the companies, to include the ability to vote those shares.
Paradies Shops and Paradies Midfield have created a rebuttable presumption that it is not in the public interest to place those companies on the Convicted Vendor List by virtue of proof of the several factors creating the rebuttable presumption.
Beyond the creation of the rebuttable presumption the law contemplates that the aforementioned factors, together with additional factors, shall be examined in deciding whether it is in the public interest to place Paradies Shops and Paradies Midfield on the Convicted Vendor List. This examination is in accordance with Section 287.133(3)(e)3 and 4, Florida Statutes (1996 Supp.). Those factors other than the ones described in
Section 287.133(3)(e)4, Florida Statutes (1996 Supp.), must be weighed in considering whether it is in the public interest to place Paradies Shops and Paradies Midfield on the Convicted Vendor List, the Department having declined to stipulate to the legal outcome in the case.
As contemplated by Section 287.133(3)(e)3.b, Florida Statutes (1996 Supp.), the nature and details of the public entity crime are as described in the fact finding in which Daniel
M. Paradies, Paradies Shops and Paradies Midfield were convicted of 83 counts of mail fraud and Mr. Paradies was convicted of one count of conspiracy to commit bribery. The facts further describe the degree of culpability of Paradies Shops, Paradies Midfield and Mr. Paradies as contemplated by Section 287.133(3)(e)3.c, Florida Statutes (1996 Supp.), in association with those crimes. The facts describe prior or future self- policing by Paradies Shops and Paradies Midfield to prevent public entity crimes as contemplated by Section 287.133(3)(e)3.g, Florida Statutes (1996 Supp.). This is in association with reviews conducted by the accounting firm of Coopers and Lybrand and in the adoption of a Code of Business Practices. In association with Section 287.133(3)(e)3.h, Florida Statutes (1996 Supp.), the issue of reinstatement or clemency in any jurisdiction in relation to the public entity crime is not a matter of concern because no debarment proceedings were initiated against Paradies Shops and Paradies Midfield for the conviction.
In association with Section 287.133(3)(e)3.i, Florida Statutes (1996 Supp.), the parties have stipulated that Paradies Shops and Paradies Midfield notified the Department of the conviction of the applicable public entity crime within 30 days after that conviction, per Section 287.133(3)(b), Florida Statutes (1996 Supp.). In particular the parties stipulated that timely notification was made to the Department with details being provided to the Department. The notification is described in the fact stipulation as being a "direct communication" made to Department officials.
Concerning Section 287.133(3)(e)3.j, Florida Statutes (1996 Supp.), the facts were not provided to establish the needs of public entities for additional competition in the procurement of goods and services in their respective markets. Similarly, the fact stipulations between the parties related to Section 287.133(3)(e)3.k., Florida Statutes (1996 Supp.), did not establish mitigation based upon demonstration of good citizenship by the person or affiliate who has been convicted. The facts that were stipulated to do not pertain to mitigation in association with good citizenship. The facts relate to success in business practices when dealing with the consuming public. That subject is not contemplated as constituting a demonstration of good citizenship.
On balance, having considered the additional factors not addressed in Section 287.133(3)(e)4, Florida Statutes (1996
Supp.), the rebuttable presumption against not placing Paradies Shops and Paradies Midfield on the Convicted Vendor List has not been overcome. It is, therefore,
That Paradies Shops and Paradies Midfield not be placed not the Convicted Vendor List.
DONE and ENTERED this 16th day of June, 1997, in Tallahassee, Florida.
CHARLES C. ADAMS
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(904) 488-9675 SUNCOM 278-9675
Fax Filing (904) 921-6847
Filed with the Clerk of the Division of Administrative Hearings this 16th day of June, 1997.
COPIES FURNISHED:
William H. Linder, Secretary Department of Management Services 4050 Esplanade Way
Tallahassee, FL 32399-0950
Terry A. Stepp, Esquire Department of Management Services 4050 Esplanade Way, Suite 260
Tallahassee, FL 32399-0950
Ronald C. LaFace, Esquire Seann M. Frazier, Esquire
101 East College Avenue Post Office Box 1838 Tallahassee, FL 32302
Informational Copies:
George N. Meros, Jr., Esquire Michael E. Riley, Esquire
106 East College Avenue, Suite 700 Post Office Box 10507
Tallahassee, FL 32302
Richard L. Robbins, Esquire 999 Peachtree Street, N.E. Atlanta, GA 30309-3996
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 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.
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
THE PARADIES SHOPS, INC., and ) PARADIES MIDFIELD CORPORATION, )
)
Petitioners, )
)
vs. ) CASE NO. 97-2090CVL
)
STATE OF FLORIDA, DEPARTMENT )
OF MANAGEMENT SERVICES, )
)
Respondent. )
)
CORRECTED ORDER
Page 20 of the Final Order entered June 16, 1997, is corrected to read:
"It is, therefore, ORDERED:
That Paradies Shops and Paradies Midfield not be placed on the Convicted Vendor List." See Rule 60Q-2.032, Florida Administrative Code.
DONE and ENTERED this 17th day of June, 1997, in Tallahassee, Florida.
CHARLES C. ADAMS
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(904) 488-9675 SUNCOM 278-9675
Fax Filing (904) 921-6847
Filed with the Clerk of the Division of Administrative Hearings this 17th day of June, 1997.
COPIES FURNISHED:
William H. Linder, Secretary Department of Management Services 4050 Esplanade Way
Tallahassee, FL 32399-0950
Terry A. Stepp, Esquire Department of Management Services 4050 Esplanade Way, Suite 260
Tallahassee, FL 32399-0950
Ronald C. LaFace, Esquire Seann M. Frazier, Esquire
101 East College Avenue Post Office Box 1838 Tallahassee, FL 32302
Informational Copies:
George N. Meros, Jr., Esquire Michael E. Riley, Esquire
106 East College Avenue, Suite 700 Post Office Box 10507
Tallahassee, FL 32302
Richard L. Robbins, Esquire 999 Peachtree Street, N.E. Atlanta, GA 30309-3996
| Issue Date | Proceedings |
|---|---|
| Dec. 04, 1998 | BY ORDER OF THE COURT (Appeal Dismissed) filed. |
| Jul. 02, 1998 | W. H. Smith`s Motion for Continuance of Oral Argument filed. |
| Apr. 08, 1998 | Request for Oral Argument, Notice of Technical Correction to Appellants` Initial Brief and Appellants` Corrected Initial Brief (filed in the 1st DCA) filed. |
| Apr. 07, 1998 | Appellant`s Notice of Withdrawal of Motion to correct or Supplement the Record, or Request for Judicial Notice (filed in the 1st DCA) filed. |
| Apr. 07, 1998 | Brief of Amicus Curiae, Office of the Attorney General (filed in the First DCA), Appellants` Initial Brief (Filed in the First DCA) filed. |
| Apr. 06, 1998 | Appellee`s Response in Opposition to Motion to Correct or Supplement the Record or Request for Judicial Notice filed. |
| Apr. 02, 1998 | W. H. Smith`s Motion to Correct or Supplement the Record or, in the Alternative, Request for Judicial Notice filed. |
| Mar. 13, 1998 | W. H. Smith`s Motion for Extension of Time to File Initial Brief (filed with DCA) filed. |
| Mar. 04, 1998 | Index, Record, Certificate of Record sent out. |
| Feb. 20, 1998 | By Order of the Court (Ruling on motions, 1st DCA) filed. |
| Dec. 15, 1997 | Amended Notice of Supplemental Authority (filed with the 1st DCA) filed. |
| Dec. 11, 1997 | Noticed of Supplemental Authority (filed in the 1st DCA) filed. |
| Aug. 15, 1997 | W. H. Smith`s Motion to Supplement Record filed. |
| Aug. 13, 1997 | Payment in the amount of $38.00 filed. |
| Aug. 07, 1997 | Invoice for indexing in the amount of $38.00 sent out. |
| Aug. 07, 1997 | Certificate of Notice of Administrative Appeal sent out., Index sent out. |
| Jun. 23, 1997 | W. H. Smith`s Response to Order to Show Cause why Appeal should not be dismissed filed. |
| Jun. 18, 1997 | (From M. Riley) Corrected Notice of Administrative Appeal filed. |
| Jun. 17, 1997 | Corrected Order sent out. |
| Jun. 16, 1997 | CASE CLOSED. Final Order sent out. Hearing held 05/13/97. |
| Jun. 09, 1997 | Letter to DOAH from DCA filed. DCA Case No. 1-97-2143 |
| Jun. 04, 1997 | (From M. Riley) Corrected Notice of Administrative Appeal; W. H. Smith`s Motion for Stay Pending Appeal filed. |
| Jun. 03, 1997 | Notice of Appeal filed. |
| Jun. 03, 1997 | (W. H. Smith) Notice of Administrative Appeal filed. |
| Jun. 03, 1997 | Order Denying Stay Pending Appeal sent out. |
| Jun. 02, 1997 | (Petitioners) Supplementary Response in Opposition to W. H. Smith`s Motion for Stay filed. |
| May 23, 1997 | Order Clarifying Order Denying W. H. Smith`s Petition to Intervene and Request for Formal Hearing sent out. |
| May 23, 1997 | Paradies and Paradies Midfield Response in Opposition to Motion for Stay and Motion to Strike filed. |
| May 21, 1997 | Paradies and Paradies Midfield Proposed Final Order; Supplementary Joint Stipulation filed. |
| May 21, 1997 | Notice of Department`s Non-Objection to W. H. Smith`s Motion for Stay; W. H. Smith`s Motion for Stay Pending Appeal (filed via facsimile). |
| May 20, 1997 | Letter to Judge Adams from M. Riley Re: Requesting court entered an order granting motion to amend filed. |
| May 15, 1997 | Order Denying W. H. Smith`s Petition to Intervene and Request for Formal Hearing sent out. |
| May 13, 1997 | W. H. Smith`s Motion To Amend Paragraph 11 and to Add Paragraph 18 to the Petition to intervene and Request for Formal Hearing filed. |
| May 13, 1997 | Joint Stipulation; Joint Response To Order Of Hearing; W. H. Smith`s Memorandum Of Law In Support Of Petition To Intervene and Request For Formal Hearing; Notice Of Hearing filed. |
| May 13, 1997 | Respondent`s Response To W. H. Smith`s Petition To Intervene w/exhibits (see Vol. 2) filed. |
| May 09, 1997 | Response in Opposition to W. H. Smith`s Petition to Intervene w/exhibits filed. |
| May 07, 1997 | Notice of Hearing sent out. (hearing set for 6/4/97; 9:00am; Tallahassee) |
| May 05, 1997 | W. H. Smith`s Petition to Intervene and Request for Formal Hearing filed. |
| May 02, 1997 | Agency Referral Letter; Petition for Formal Administrative Hearing; Agency Action Letter filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Nov. 17, 1998 | Upper Tribunal Document Filed | |
| Jun. 16, 1997 | DOAH Final Order | Other factors considered did not overcome presumption that it would not be in the public interest to place vendor on CVL. |
