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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs JIM ADAMS, JR. AND BAY BREEZE MAINTENANCE, LLC, 06-003690 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003690 Visitors: 12
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: JIM ADAMS, JR. AND BAY BREEZE MAINTENANCE, LLC
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Sarasota, Florida
Filed: Sep. 28, 2006
Status: Closed
Recommended Order on Monday, March 12, 2007.

Latest Update: Nov. 07, 2019
Summary: The issues in this case are whether each of the two respondents practiced contracting and electrical contracting without a license in violation of Subsections 489.113(2), 489.127(1)(f), 489.531(1), Florida Statutes (2004),1 and, if so, what penalty, if any, should be imposed pursuant to Subsections 455.228(1) and 489.13(3).Petitioner should impose a fine of $10,000 and recover investigative costs for unlicensed practice of contracting and electrical contracting that caused financial harm of $39,
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AGC - Filing For: CONSTRUCTION - 6/13/2007 - 2007-04557 - 2005033911 - ADAMS, JIM [JR] - FINAL ORDER

G--13•07

Final Order No. BPR-2007-04557 Date:

FILED

Department of Business and Professional Regulation

AGEN YCLE

, Agen

By· .. L­

STATE-0F-FLORIDA - -

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION


DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,


Petitioner,


V, Case Numbers: 2005-033911

2005-033912


JIM ADAMS JR.

AND BAYBREEZE MAINTENANCE, LLC.,


Respondent.

/


FINAL ORDER


Upon consideration of the Administrative Complaints, attached hereto as "Composite Exhibit A," the transcript of the corresponding Division of Administrative Hearing (DOAH) case and the exhibits received into evidence, the Proposed Recommended Orders filed, and the Recommended Order filed by the Administrative Law Judge in this matter, attached hereto as "Exhibit B," any Exceptions to the Recommended Order filed by either party, and being otherwise fully advised of the premises, it is hereby,

ORDERED AND ADJUDGED THAT:


  1. The Findings of Fact, Conclusions of Law, and Recommended Discipline as detailed in the Recommended Order are adopted in toto.


    Filed November 7, 2019 1:42 PM Division of Administrative Hearings

  2. Payments for all administrative fines and investigative costs shall be paid-in-full no later than thirty (30) days from the date of the filing of this Final Order with the DBPR Agency Clerk.

  3. Send payments to Department of Business and Professional Regulation, Revenue Unit, 1940 North Monroe Street, Tallahassee, Florida 32399-2202. Please refer to Case Numbers 2005-033911 and 2005-033912 when making payment.

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

DONE AND ORDERED this- - day of


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 Department 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.


2

CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been


provided via U.S. Mail to Respondent at POB 14184, Bradenton, Florida 34280 this day of

Aoe ,2ocQ.


Agency Clerk's Office


Copy furnished to:

Nancy Terrell, Hearing Officer

Brian Higgins, Assistant General Counsel Michael Green, Program Administrator Chris King, 5115 SR 766, Venice, FL 34209


3


Docket for Case No: 06-003690
Issue Date Proceedings
Nov. 07, 2019 Agency Final Order filed.
Mar. 12, 2007 Recommended Order (hearing held January 24, 2007). CASE CLOSED.
Mar. 12, 2007 Recommended Order cover letter identifying the hearing record referred to the Agency.
Feb. 22, 2007 Petitioner`s Proposed Recommended Order filed.
Feb. 14, 2007 Transcript of Proceedings filed.
Jan. 24, 2007 CASE STATUS: Hearing Held.
Jan. 19, 2007 Amended Notice of Hearing (hearing set for January 24, 2007; 9:30 a.m.; Sarasota, FL; amended as to Hearing location).
Dec. 14, 2006 Letter to Judge Manry from requesting a reasonable amount to present his case filed.
Dec. 08, 2006 Order of Proof filed.
Dec. 06, 2006 Letter to Judge Manry from J. Adams enclosing proposed witness list and request for subpoenas filed.
Nov. 27, 2006 Letter to B. Higgins from J. Adams filed.
Nov. 20, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 24, 2007; 9:30 a.m.; Sarasota, FL).
Nov. 15, 2006 Letter to Judge Manry from J. Adams filed.
Oct. 20, 2006 Order of Pre-hearing Instructions.
Oct. 20, 2006 Notice of Hearing (hearing set for November 28, 2006; 9:30 a.m.; Sarasota, FL).
Oct. 19, 2006 Order Granting Motion to Withdraw (M. Hawk).
Oct. 16, 2006 Motion to Withdraw (2005-033911) filed.
Oct. 05, 2006 Joint Response to Initial Order filed.
Sep. 28, 2006 Initial Order.
Sep. 28, 2006 Respondents` Dispute as to Material Facts of the Amended Administrative Complaint filed.
Sep. 28, 2006 Election of Rights filed.
Sep. 28, 2006 Amended Administrative Complaint filed.
Sep. 28, 2006 Agency referral filed.

Orders for Case No: 06-003690
Issue Date Document Summary
Jun. 13, 2007 Agency Final Order
Mar. 12, 2007 Recommended Order Petitioner should impose a fine of $10,000 and recover investigative costs for unlicensed practice of contracting and electrical contracting that caused financial harm of $39,350.
Source:  Florida - Division of Administrative Hearings

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