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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs ANTONEY MANNING, D/B/A MANNING BUILDERS, 06-000602 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000602 Visitors: 20
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: ANTONEY MANNING, D/B/A MANNING BUILDERS
Judges: BARBARA J. STAROS
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Feb. 16, 2006
Status: Closed
Recommended Order on Wednesday, June 28, 2006.

Latest Update: Nov. 07, 2019
Summary: At issue is whether Respondent committed the offenses set forth in the Administrative Complaints and, if so, what penalty should be imposed.Respondent engaged in the unlicensed practice of contracting. Petitioner did not prove the allegation that Respondent also engaged in the unlicensed practice of electrical contracting. Recommend a lesser penalty.
AGC - Filing For: CONSTRUCTION - 9/8/2006 - 2006-06589 - 2005039705 - MANNING, ANTONEY - FINAL ORDER


,-8

Final Order No. BPR-2006-06589 Date: Q

FILED

Department of Business and Professional Regulation

AGENCY CLE


DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,


Petitioner,


V DBPR Case Numbers 2005-039318

2005-039702

2005-039705


ANTONEY MANNING

d/b/a/ MANNING BUILDERS,


Respondent.

I


FINAL ORDER


THIS MATTER came before Nancy Ten-el, Esquire, designated Hearing Officer for the Department of Business and Professional Regulation ("Department") on August 9, 2006, in Tallahassee, Florida, in accordance with the provisions of sections 120 569 and 120 57(1), Florida Statutes, for consideration of the Recommended Order issued on June 28, 2006 and exceptions filed thereto . Laura P. Gaffney, Chief Attorney, represented the Petitioner The Respondent appeared pro se by telephone.

At this hearing, the Petitioner withdrew its exceptions filed herein, indicati g that it believes the clarification of the findings in the Recommended Order are unnecessary. It is clear from the terms of the Recommended Order that the Administrative Law Judge found the Respondent guilty in DOAH Case Number 06-0601, which corresponds with DBPR Case Numbers 2005-039702 and 2005-039318. These case numbers are captioned


1


Filed November 7, 2019 11:24 AM Division of Administrative Hearings

DBPR, Petitioner, v Antoney Manning d/b/a/ Manning Builders, Respondent. The finding of guilt in DOAH Case Number 06-0601 clearly applies to Antoney Manning d/b/a/ Manning Builders and DBPR Case Numbers 2005-039702 and 2005-039318. Mr Manning agreed with this position, as does the Hearing Officer.

Based on the foregoing and upon consideration of the Administrative Complamt, the transcript of the corresponding Division of Administrative Hearing (DOAH) cases and the exhibits received into evidence, the Proposed Recommended Orders filed, and the Recommended Order filed by the Administrative Law Judge in this matter, and ·being otherwise fully advised of the premises, it is hereby,

ORDERED AND ADJUDGED THAT:


  1. The Administrative Law Judge's findings of fact and conclusions of law in the Recommended Order are approved, adopted and incorporated herein by reference

  2. The Respondent, Antoney Manning d/b/a Manning Builders, shall pay an administrative fine of $1000 00 and costs of $360 59 in DOAH Case Number 06-0601 (DBPR Case Numbers 2005-039318 and 2005-039702), due and payable to the Department of Business and Professional Regulation, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-2202, within thirty-five (35) calendar days from the effective date of this order Please refer to I/0 Number 7807165, file numbers 15 and 1270 when making payment

  3. Case Number 06-000602 (DBPR Case Number 2005-039705) is hereby dismissed

4. This Final Order shall become effective on the date of filing with the


DBPR Agency Clerk


DONE AND ORDERED thisday of ;;;{fJ 0


otmQ_,

Simone Marstiller,Secretarjr)·

Department of Business and Professional Regulation Northwood Center

1940 North Monroe Street Tallahassee, FL 32399-0750


NOTICE OF RIGHT TO APPEAL


Unless expressly waived, any party substantially affected by this Final Order may seek judicial review by filing an original Notice of Appeal with the Clerk of the Depmtment of Business and Professional Regulation, and a copy of the notice, accompanied by the filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal within thirty (30) days of rendition of this order, in accordance with Rule 9 110, Florida Rules of Appellate Procedure, and Section 120 68, Florida Statutes

CERTIFICATE OF SERVICE

of +,

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided via U S Mail to Respondent at 11865 Register Farm Road,

Tallahassee, FL 32305 this g-f/-- day 2cfk


Agency Clerk's Office


Copy furmshed to.

Nancy Terrel, Hearing Officer

Jennifer Condon, Assistant General Counsel Mark Reddinger, Program Administrator


Docket for Case No: 06-000602
Issue Date Proceedings
Nov. 07, 2019 Agency Final Order filed.
Jun. 28, 2006 Recommended Order (hearing held May 3, 2006). CASE CLOSED.
Jun. 28, 2006 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jun. 02, 2006 Letter to Judge Staros from A. Manning regarding the Respondent`s Proposed Recommended Order filed.
May 30, 2006 Petitioner`s Proposed Recommended Order filed.
May 19, 2006 Notice of Filing Transcript.
May 18, 2006 Final Hearing Transcript filed.
May 03, 2006 CASE STATUS: Hearing Held.
May 02, 2006 Petitioner`s Final Hearing Exhibits filed (not available for viewing).
Apr. 17, 2006 Petitioner`s Witness List filed.
Mar. 10, 2006 Order of Pre-hearing Instructions.
Mar. 10, 2006 Notice of Hearing (hearing set for May 3, 2006; 9:30 a.m.; Tallahassee, FL).
Mar. 08, 2006 Order of Consolidation (DOAH Case Nos. 06-0601 and 06-0602).
Feb. 24, 2006 Joint Response to the Initial Order filed.
Feb. 17, 2006 Initial Order.
Feb. 16, 2006 Election of Rights filed.
Feb. 16, 2006 Administrative Complaint filed.
Feb. 16, 2006 Agency referral filed.

Orders for Case No: 06-000602
Issue Date Document Summary
Sep. 08, 2006 Agency Final Order
Jun. 28, 2006 Recommended Order Respondent engaged in the unlicensed practice of contracting. Petitioner did not prove the allegation that Respondent also engaged in the unlicensed practice of electrical contracting. Recommend a lesser penalty.
Source:  Florida - Division of Administrative Hearings

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