STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Haydon Burns Building 605 Suwannee Street Tallahassee, Florida WHITE CONSTRUCTION COMPANY, INC., [SS Petitioner, PM ed vs. DOT CASE NO.: 00-138 DOAH CASE NO.: 00-3584 DEPARTMENT OF TRANSPORTATION, Respondent. / FINAL ORDER This proceeding was initiated by Petitioner, WHITE CONSTRUCTION COMPANY, INC. (hereinafter WHITE), filing a Petition for Formal Administrative Hearing on August 4, 2000. The Petition was filed in response to a Notice of Intent to Deny Application for Qualification, issued by the Respondent, DEPARTMENT OF TRANSPORTATION (hereinafter DEPARTMENT), on July 26, 2000. FINDINGS OF FACT 1. On July 26, 2000, the DEPARTMENT issued a Notice of Intent to Deny Application for Qualification to WHITE. 2. On August 4, 2000, WHITE filed a Petition for Formal Administrative Hearing with the DEPARTMENT. 3. On August 16, 2000, the DEPARTMENT issued an Order of Dismissal directed to WHITE’S Petition. 4. On August 25, 2000, WHITE filed its First Amended Petition for Formal Page | of 6 Administrative Hearing. 5. On August 31, 2000, the matter was referred to the Division of Administrative Hearings. 6. On September 5, 2000, by Notice of Hearing, the case was set for hearing on September 25, 2000. 7. On September 15, 2000, WHITE filed a Motion for Continuance and Suggestion for Status Conference. 8. On September 20, 2000, the administrative law judge entered an order canceling the September 25, 2000, hearing and directed the parties to submit a written status report by October 18, 2000. 9, On December 12, 2000, WHITE served a Motion to Stay Proceedings on the basis that WHITE was the subject of a State of Florida criminal indictment. 10. On January 11, 2001, the DEPARTMENT served a response in opposition to WHITE’S Motion to Stay Proceedings. 11. On January 29, 2001, the administrative law judge entered an order staying the matter pending resolution of the indictment against WHITE. 12. The January 29, 2001, order also required the parties to report the status of the criminal proceeding at sixty (60) day intervals until the criminal case was resolved. 13. Pursuant to this order, the parties submitted status reports on March 28, May 29, July 31, and October 10, 2001. 14. Throughout this period, the criminal proceeding against WHITE remained pending. Page 2 of 6 15. On April 12, 2002, the administrative law judge entered an Order Continuing Case in Abeyance. 16. On June 13, 2002, WHITE submitted its response to the April 12, 2002, order and indicated the criminal proceeding was still pending. 17. On June 14, 2002, the DEPARTMENT filed its Response to Petitioner’s Response to Order Continuing Case in Abeyance, arguing that WHITE must exercise its right to challenge the DEPARTMENT’S action or jurisdiction should be relinquished to the DEPARTMENT. 18. On March 18, 2003, the administrative law judge issued an Order to Show Cause requesting the parties to show cause regarding agreeable hearing dates, for the period May through August 2003. 19. On March 31, 2003, both parties responded to the Order to Show Cause. 20. The DEPARTMENT again contended that the case should either be scheduled for a five (5) day hearing during May or June, 2003, or the case should be dismissed and jurisdiction relinquished to the DEPARTMENT. 21. WHITE requested a continuance, claiming that it would be an undue burden to pursue the administrative hearing at this time. 22. On April 2, 2003, WHITE submitted an Amended Response to Order to Show Cause which further detailed the course of the criminal case and reiterated its request to hold the administrative proceeding in abeyance. 23. On January 7, 2004, the administrative law judge entered a sua sponte Order of Dismissal. Page 3 of 6 CONCLUSIONS OF LAW 1. The DEPARTMENT has jurisdiction over the parties hereto and the subject matter hereof to enter this Final Order pursuant to Section 120.57(3), and Chapter 337, Florida Statutes. 2. A case is rendered moot when issues presented are no longer live, or when the parties Jack a legally cognizable interest in the outcome. Montgomery v. Dep’t of Health & Rehab. Serv., 468 So. 2d 1014, 1016 (Fla. Ist DCA 1985). The Montgomery court also held that a case becomes moot for purposes of an appeal “where, by a change of circumstances prior to the appellate decision, an intervening event makes it impossible for the court to grant a party any effectual relief.” Id. at 1016. 3. In this case, WHITE challenged the DEPARTMENT’S Notice of Intent to Deny WHITE’S Application for Qualification for a period of three (3) years. WHITE has not held a DEPARTMENT certificate of qualification since July 2000. 4, The delay in the proceedings WHITE requested in 2000, and WHITE’S failure to avail itself of its opportunity for an administrative hearing, renders the Petition and the First Amended Petition for Formal Administrative Hearing moot. Page 4 of 6 ORDER Based on the foregoing Findings of Fact and Conclusions of Law, it is ORDERED that the Petition for Formal Administrative Hearing, and First Amended Petition for Formal Administrative Hearing filed by Petitioner, WHITE CONSTRUCTION, INC., are hereby dismissed. DONE AND ORDERED this 17*gay of June, 2004. — Leow a fen : JOSE ABREU, PE. 3S Secretary _ Department of Transportation nn Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399 Page 5 of 6 sya od gad é NOTICE OF RIGHT TO APPEAL THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE 9.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET, M.S. 58, TALLAHASSEE, FLORIDA 32399- 0458, WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER. Calvin L. Johnson, Esquire Assistant General Counsel Department of Transportation 605 Suwannee Street, MS-58 Tallahassee, Florida 32399-0450 The Honorable P. Michael Ruff Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Donna H. Stinson, Esquire Broad and Cassel 215 S. Monroe Street, Suite 400 P.O. Drawer 11300 Tallahassee, Florida 32302 Juanita P. Moore Contracts Administration Office Department of Transportation 605 Suwannee Street, MS-55 Tallahassee, Florida 32399-0450 Page 6 of 6

Docket for Case No: 00-003584

Orders for Case No: 00-003584