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G. L. HOMES OF FLORIDA, INC. vs DEPARTMENT OF INSURANCE, DIVISION OF STATE FIRE MARSHAL, 01-004793 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-004793 Visitors: 11
Petitioner: G. L. HOMES OF FLORIDA, INC.
Respondent: DEPARTMENT OF INSURANCE, DIVISION OF STATE FIRE MARSHAL
Judges: FLORENCE SNYDER RIVAS
Agency: Department of Financial Services
Locations: Miami, Florida
Filed: Dec. 11, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 30, 2002.

Latest Update: Jul. 05, 2024
~ THE TREASURER OF THE STATE OF FLORIDA DEPARTMENT OF INSURANCE TOM GALLAGHER 01-4794 CASE NO.: 43732-01-SP F52-Closed IN THE MATTER OF G.L., HOMES OF FLORIDA, INC. ; FINAL ORDER THIS CAUSE came on for consideration and final agency action. On November 14, 2001, Petitioner, G.L. Homes of Florida, Inc. (hereinafter referred to as “G.L. Homes”) submitted its Petition to revoke or modify the User Explosives license issued to White Rock Quarries and the Blaster permit issued to L.S. Hale, to the Treasurer of the State of Florida, Department of Insurance (hereinafter referred to as “Department”). The Department forwarded the Petition to the Division of Administrative Hearings. A hearing was set for February 8, 2002. G.L. Homes served its First Amended Petition for Administrative Hearing on December 26, 2001. On December 31, 2001, White Rock Quarries (hereinafter referred to as “White Rock”) filed a Petition to Intervene, 2 Motion to Dismiss Petition, and a Motion to Strike the First Amended Petition. The Department filed a Motion to Dismiss on January 10, 2002. Petitioner asked the Administrative Law Judge to revoke or modify User of Explosive License No. 60706700021995, issued to White Rock Quarries, and Blaster Permit No. 60706700011995 issued to Mr. L.S. Hale by the Regulatory Licensing Division, State Fire Marshal, on or about October 23, 2001. The Amended Petition states that the renewal of the User license and fa the Blaster permit constitute de facto renewal of the expired Miami-Dade County issued construction-mining permit. A hearing on all pending Motions and the Amended Petition was conducted on January 28, 2002, by the Administrative Law Judge, Florence Snyder Rivas. After consideration of the Amended Petition, motions to dismiss, authorities cited and argument presented, the Administrative Law Judge issued her Order on Pending Motions (attached hereto as Exhibit A). The Administrative Law Judge accepted the Amended Petition, granted White . Rock’s Petition to Intervene, denied White Rock’s Motion to Strike First Amended Petition as moot, and granted Department’s Motion to Dismiss and White Rock’s Motion to Dismiss. After careful consideration of the entire record and being otherwise fully advised in the premises, it is ORDERED: 1. The Administrative Law Judge granting of the Department’s Motion to Dismiss and White Rock’s Motion to Dismiss is ACCEPTED as being the appropriate disposition of this case. ACCORDINGLY, the Amended Petition of G.L. Homes, Inc. is DISMISSED. NOTICE OF RIGHTS Any party to these proceedings adversely affected by this Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Florida Rules of Appellate Procedure. Review proceedings must be instituted by filing a petition or notice of appeal with the General Counsel, acting as the agency clerk, at 612 Larson Building, Tallahassee, Florida 32399-0333, and a copy of the same with the appropriate District Court of Appeal within Tra thirty (30) days of rendition of this Order. Copies furnished to: DEPARTMENT OF INSURANCE Wm. Fred Whitson Gabriel Mazzeo Senior Attorneys Division of State Fire Marshal 200 E. Gaines Street Tallahassee, Florida 32399 BILZIN, SUMBERG, et al Howard E. Nelson, Esq. First Union Financial Center, 200 South Biscayne Blvd., Suite 2500 Miami, Florida 33131 Counsel for G.L. Homes Greenberg Traurig, PA. Kerri Barsh, Esq. 1221 Brickell Ave. Miami, Florida 33131 Counsel for White Rock Quarries Honorable Florence Snyder Rivas Administrative Law Judge, Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida, 32399-3060

Docket for Case No: 01-004793
Issue Date Proceedings
Feb. 22, 2002 Final Order filed.
Jan. 30, 2002 Order on Pending Motions issued. CASE CLOSED.
Jan. 30, 2002 White Rock`s and the Department`s Notice of Supplemental Authority (filed via facsimile).
Jan. 25, 2002 Joint Motion for Continuance of Submission of Pre-Hearing Stipulation (filed via facsimile).
Jan. 22, 2002 White Rock`s Renewed Motion to Dismiss filed.
Jan. 10, 2002 Respondent Department`s Motion to Dismiss filed.
Jan. 07, 2002 Notice of Appearance as Co-Counsel (filed by G. Mazzeo via facsimile).
Dec. 31, 2001 White Rock`s Motion to Strike First Amended Petition (filed via facsimile).
Dec. 31, 2001 White Rock`s Petition to Intervene (filed via facsimile).
Dec. 31, 2001 White Rock`s Motion to Dismiss Petition (filed via facsimile).
Dec. 26, 2001 G. L. Homes of Florida First Amended Petition for Administrative Hearing filed.
Dec. 24, 2001 G.L. Homes of Floirda First Amended Petition for Administrative Hearing filed.
Dec. 19, 2001 Order of Pre-hearing Instructions issued.
Dec. 19, 2001 Notice of Hearing issued (hearing set for February 8, 2002; 9:00 a.m.; Miami, FL).
Dec. 18, 2001 Joint Response to Initial Order filed.
Dec. 13, 2001 Initial Order issued.
Dec. 11, 2001 Agency referral filed.
Dec. 03, 2001 G.I. Homes of Florida Petition for Administrative Hearing filed.
Dec. 03, 2001 Failure to Renew Permit Application filed.
Source:  Florida - Division of Administrative Hearings

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