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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING vs ANGEL M. AGOSTO, 04-004266 (2004)

Court: Division of Administrative Hearings, Florida Number: 04-004266
Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING
Respondent: ANGEL M. AGOSTO
Judges: PATRICIA M. HART
Agency: Department of Agriculture and Consumer Services
Locations: Miami, Florida
Filed: Nov. 22, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 7, 2005.

Latest Update: May 17, 2024
STATE OF FLORIDA CY D2 om DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, \ - Petitioner, i-~ . itio O U ue \ w V. CASE NO.: CD2004-0035 M 2200052 ANGEL M. AGOSTO, 2304931 Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Department of Agriculture and Consumer Services, Division of Licensing, pursuant to Section 493.6121, Florida Statutes, and states that it is the licensing authority as defined therein, that it has statutory jurisdiction over the Respondent, and alleges: The name and last known address of the Respondent is: Angel M. Agosto 7761 southwest 88" Street Apartment D-307 Miami, Florida 33156 Respondent holds license number M2200052, effective September 10, 2003, and license number C 2000221, effective May 13, 2002, issued pursuant to Chapter 493, Florida Statutes. As set forth below, an investigation of Respondent by Petitioner has revealed facts that justify action provided for in Section 493.6118(2), Florida Statutes. Count] During the period of August 2003, to December 17, 2003, in Miami-Dade County, Florida, Respondent committed fraud, deceit, negligence or misconduct in the practice of regulated activities under Chapter 493, Florida Statues, in that as manager of Dignitary Protection & Investigation Corp., he knowingly aided or abetted the activities and employment of unlicensed and ineligible employees, Livensome Boucher, Cornelius Tharp and Gary Steven Wilcox a/k/a Salvatore Pecchio. Respondent is in violation of Section 493.6118(1)(f), Florida Statues. Count Il On or about December 17, 2003, in Miami-Dade County, Florida, Respondent failed or refused to cooperate with a representative of the Department engaged in an official investigation, in that he refused or failed to answer questions regarding an unlicensed employee (Gary Steven Wilcox a/k/a Salvatore Pecchio) who is or should have been known to Respondent as actively involved in the day to day operation of Respondent’s agency. Respondent is in violation of Section 493.6118(1)(o), Florida Statutes. Wherefore, Petitioner intends to take disciplinary action against the above referenced licenses pursuant to Section 493.6118(2), Florida Statutes. bn bap Gene Bryan, Director Division of Licensing Dated this 14th day of January 2004. NOTICE OF RIGHTS In accordance with Sections 120.569 and 120.57, Florida Statutes, you the Respondent may request a formal hearing or informal hearing, or may enter into a stipulation and settlement. In order to request a hearing, you must complete the enclosed Election of Rights form and file it to the Division of Licensing within 21 days of receipt of this complaint. If you request a formal hearing, you must also send a statement of the material facts alleged in this complaint that you dispute. To enter into a stipulation and settlement, sign and return the attached Stipulation and Settlement, which is an agreement to accept the suggested penalty without proceeding to a hearing. Failure to file the Election of Rights form with the Division of Licensing within 21 days of receipt of this administrative complaint shall be considered a waiver of your right to a hearing and shall result in the issuance of a final order without the benefit of a hearing. The final order will notify you of the right to appeal the final order pursuant to Section 120.68, Florida Statutes. CERTIFICATE OF SERVICE THEREBY CERTIFY that a copy of the foregoing has been furnished by certified mail on this 14th day of January 2004 to Angel M. Agosto, 7761 Southwest 88"" Street, Apartment D- 307, Miami, Florida 33156. Stephen S. Mathues Assistant General Counsel Department of Agriculture and Consumer Services, Division of Licensing Post Office Box 6687 Tallahassee, Florida 32314-6687 (850) 488-3492 ACS8&

Docket for Case No: 04-004266
Issue Date Proceedings
Jun. 07, 2005 Order Closing File. CASE CLOSED.
May 19, 2005 Order to Show Cause (on or before May 27, 2005, parties shall show cause why the file should not be closed and this matter returned to the referring agency).
Apr. 06, 2005 Order Placing Case in Abeyance (parties to advise status by April 20, 2005).
Apr. 04, 2005 Response to Order to Show Cause filed.
Apr. 04, 2005 Respondent`s Response to Order to Show Cause filed.
Mar. 17, 2005 Order to Show Cause (no later than April 4, 2005, parties shall show cause why the file should not be closed and this matter returned to the referring agency).
Jan. 25, 2005 Order Granting Continuance (parties to advise status by February 25, 2005).
Jan. 24, 2005 Motion for Continuance (filed by Respondent).
Dec. 15, 2004 Notice of Hearing by Video Teleconference (video hearing set for January 27, 2005; 9:00am; Miami and Tallahassee).
Dec. 15, 2004 Order of Pre-hearing Instructions.
Dec. 02, 2004 Response to Initial Order (filed by Petitioner).
Nov. 22, 2004 Agency referral filed.
Nov. 22, 2004 Administrative Complaint filed.
Nov. 22, 2004 Response to Administrative Complaint filed.
Nov. 22, 2004 Election of Rights filed.
Nov. 22, 2004 Stipulation and Settlement filed.
Nov. 22, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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