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DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF STATE FIRE MARSHAL vs PATRICK POINTU, 15-006182 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-006182 Visitors: 27
Petitioner: DEPARTMENT OF FINANCIAL SERVICES, DIVISION OF STATE FIRE MARSHAL
Respondent: PATRICK POINTU
Judges: JUNE C. MCKINNEY
Agency: Department of Financial Services
Locations: Lauderdale Lakes, Florida
Filed: Nov. 02, 2015
Status: Closed
Recommended Order on Wednesday, August 31, 2016.

Latest Update: Dec. 14, 2017
Summary: The issue in this case is whether the Department of Financial Services, Division of State Fire Marshal can revoke Respondent's certification as a firefighter because Respondent failed to timely complete the requirements to maintain his Firefighter Certificate of Compliance prior to September 30, 2011, pursuant to section 633.352, Florida Statutes (2010).Department demonstrated that Respondent's firefighter certification should be revoked because Respondent failed to maintain the minimum requirem
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FILE D

DEC02 ?,A}8,

Docketedby,


CHIEF FINANCIAL OFFICER

JEFF ATWATER

STATE OF FLORIDA


DEPARTMENT OF FINANCIAL SERVICES,

Petitioner,


VS.


PATRICK POINTU,

Respondent.


Case No. 15-6182

DFS Case No. 171704-15-FM



FINAL ORDER


THIS CAUSE came for consideration and final agency action on the Recommended Order issued on August 31, 2016.

After reviewing the record, including admitted exhibits, considering applicable law, and otherwise being fully apprised in all material premises, the Recommended Order is hereby adopted.

Accordingly, Petitioner's Firefighter Certificate of Compliance is revoked.


DONE aI D this day o f I\.


Robert C. Kneip Chief of Staff


NOTICE OF RIGHT TO APPEAL


A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal,


Filed December 14, 2017 4:47 PM Division of Administrative Hearings



accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d), and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.


Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Julie Jones, DFS Agency Clerk, Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0390. The facsimile number is (850) 488-0697. The email address is Julie.Jones@mpfloridacfo.com.

Copies furnished to:


Patrick Pointu, pro se

P.O. Box 430305

Fort Lauderdale, FL 33348-0305


Melissa Dembicer, Attorney for the Department Florida Department of Financial Services

200 East Gaines Street Tallahassee, Florida 32399-0333


June C. McKinney, Administrative Law Judge Division of Administrative Hearings

The DeSoto Building 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060


Docket for Case No: 15-006182
Issue Date Proceedings
Dec. 14, 2017 Agency Final Order filed.
Aug. 31, 2016 Recommended Order (hearing held June 3, 2016). CASE CLOSED.
Aug. 31, 2016 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jul. 28, 2016 Department's Proposed Recommended Order filed.
Jul. 19, 2016 Transcript of Proceedings (not available for viewing) filed.
Jun. 20, 2016 Respondent's Proposed Recommended Order filed.
Jun. 03, 2016 CASE STATUS: Hearing Held.
Jun. 02, 2016 Notice of Appearance (Merribeth Bohanan) filed.
Jun. 01, 2016 Amended Notice of Filing Department's Exhibit and Witness List filed.
Jun. 01, 2016 Petitioner's Motion to Amend Notice of Intent to Revoke Firefighter II Certificate of Compliance and to Amend the Department of Financial Services' Responses to Respondent's Request for Admissions filed.
May 26, 2016 Notice of Filing Department's Exhibit and Witness List filed.
Mar. 22, 2016 Order Re-scheduling Hearing by Video Teleconference (hearing set for June 3, 2016; 9:30 a.m.; Lauderdale Lakes, FL).
Mar. 21, 2016 Respondent's Response to Order of Abeyance filed.
Mar. 18, 2016 Petitioner's Response to Order of Abeyance filed.
Feb. 02, 2016 Respondent's Motion to Affirm Respondent's Firefighter Certification filed.
Feb. 02, 2016 Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by March 18, 2016).
Jan. 27, 2016 Respondent's Objection to Petitioner's Motion to Relinquish Jurisdiction filed.
Jan. 27, 2016 Petitioner's Renewed Motion to Relinquish Jurisdiction filed.
Jan. 21, 2016 Notice of Filing Respondent's Exhibit List filed (Proposed exhibits not available for viewing).
Jan. 19, 2016 Notice of Filing Respondent's Exhibit List filed.
Jan. 08, 2016 Order Denying Petitioner`s Motion.
Jan. 05, 2016 Petitioner's Motion to Deem Matters Admitted and Relinquish Jurisdiction filed.
Nov. 16, 2015 Respondent's Notice of Service of Respondent's Requests for Admission filed.
Nov. 12, 2015 Order of Pre-hearing Instructions.
Nov. 12, 2015 Notice of Hearing by Video Teleconference (hearing set for February 4, 2016; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Nov. 09, 2015 Petitioner's Notice of Service of Petitioner's Requests for Admission and Request for Production filed.
Nov. 09, 2015 Joint Reponse to Initial Order filed.
Nov. 03, 2015 Initial Order.
Nov. 02, 2015 Election of Proceeding filed.
Nov. 02, 2015 Order Dismissing Petition for Section 120.57(1), Florida Statutes, Proceeding without Prejudice filed.
Nov. 02, 2015 Notice of Intent to Revoke Firefighter II Certificate of Compliance filed.
Nov. 02, 2015 Agency referral filed.

Orders for Case No: 15-006182
Issue Date Document Summary
Dec. 02, 2016 Agency Final Order
Aug. 31, 2016 Recommended Order Department demonstrated that Respondent's firefighter certification should be revoked because Respondent failed to maintain the minimum requirements pursuant to section 633.352, Florida Statutes (2010).
Source:  Florida - Division of Administrative Hearings

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