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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION vs DORRAN RUSSELL, 17-001856 (2017)

Court: Division of Administrative Hearings, Florida Number: 17-001856 Visitors: 20
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Respondent: DORRAN RUSSELL
Judges: CATHY M. SELLERS
Agency: Department of Business and Professional Regulation
Locations: Port St. Lucie, Florida
Filed: Mar. 24, 2017
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 1, 2017.

Latest Update: Jun. 09, 2024
Deputy Agency Clerk STATE OF FLORIDA Evelte Lawson-Proctor DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULAT]] pate —- 40/42/2016 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, v. Case No. 2016-005498 CILB DORRAN RUSSELL, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation (‘Petitioner’) files this Administrative Complaint against Dorran Russell (“Respondent”) and alleges: 1. Petitioner is the state agency charged with regulating the practice of construction contracting pursuant to section 20.165, Florida Statutes, and chapters 455 and 489, Florida Statutes. 2. Petitioner has jurisdiction over the unlicensed practice of construction contracting pursuant to sections 455.227, 455.228, and 489.13, Florida Statutes. 3. At no time material hereto was Respondent duly registered or certified to engage in the practice of construction contracting pursuant to chapter 489, Florida Statutes. 5. Respondent’s last known address is 1033 Bellevue Avenue, Port St. Lucie, Florida 34953. 6. On or about September 25, 2015, Respondent offered, contracted or performed regulated construction contracting services, including but not limited to, bathroom remodel, at 522 SW Dauphin Avenue, Port St. Lucie, Florida 34953. 7. Respondent offered, contracted or performed the regulated services at issue for compensation. 8. Section 489.13(1), Florida Statutes, provides “any person performing an activity requiring licensure under [chapter 489, part I, Florida Statutes] as a construction contractor is guilty of unlicensed contracting if he or she does not hold a valid active certificate or registration authorizing him or her to perform such activity...” 9. Based upon the foregoing, Respondent violated section 489.13(1), Florida Statutes, by performing an activity requiring licensure under chapter 489, part I, Florida Statutes, as a construction contractor without the requisite license. WHEREFORE, Petitioner requests that a Final Order be entered imposing one or more of the following: an administrative fine, assessment of costs related to the investigation, and/or any other relief the Department is authorized to impose pursuant to chapters 455 and 489, Florida Statutes, and the rules promulgated thereunder. (SIGNATURE PAGE FOLLOWS) Signed this 10" day of October, 2016. KEN LAWSON, Secretary Department of Business and Professional Regulation By: /s/ Wayne Mitchell Wayne Mitchell Florida Bar No. 869414 Assistant General Counsel Office of the General Counsel Unlicensed Activity Department of Business and Professional Regulation 2601 Blair Stone Road Tallahassee, FL 32399 Ph: (850) 717-1709 Wayne.Mitchell@myfloridalicense.com Contact Information: Please call Robert Sears, Law Clerk (850) 717-1555/ Wayne Mitchell, Assistant General Counsel: (850) 717-1709 for more information PC Found: October 10, 2016 By: DBPR RDS NOTICE OF RIGHTS Please be advised that mediation under section 120.573, Florida Statutes, is not available for administrative disputes involving this type of agency action. Please be advised that Respondent has the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged. NOTICE REGARDING ASSESSMENT OF COSTS Respondent is placed on notice that Petitioner has incurred costs related to the investigation and prosecution of this matter. Pursuant to section 455.227(3)(a), Florida Statutes, the Board, or the Department when there is no Board, may assess costs related to the investigation and prosecution of the case excluding costs associated with an attorney's time, against Respondent in addition to any other discipline imposed.

Docket for Case No: 17-001856
Issue Date Proceedings
May 01, 2017 Order Closing File and Relinquishing Jusidiction CASE CLOSED.
May 01, 2017 Joint Motion to Relinquish Jurisdiction filed.
Apr. 28, 2017 Undeliverable envelope returned from the Post Office.
Apr. 28, 2017 Undeliverable envelope returned from the Post Office.
Apr. 26, 2017 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 29, 2017; 9:00 a.m.; Port St. Lucie, FL).
Apr. 26, 2017 Notice of Telephonic Status Conference (status conference set for April 26, 2017; 2:00 p.m.).
Apr. 25, 2017 CASE STATUS: Status Conference Held.
Apr. 25, 2017 Joint Motion for Continuance filed.
Apr. 24, 2017 Undeliverable envelope returned from the Post Office.
Apr. 24, 2017 Amended Notice of Hearing (hearing set for June 8, 2017; 9:00 a.m.; Fort Pierce, FL; amended as to hearing date and location).
Apr. 18, 2017 Amended Notice of Taking Deposition filed.
Apr. 17, 2017 Notice of Taking Deposition filed.
Apr. 10, 2017 Undeliverable envelope returned from the Post Office.
Apr. 07, 2017 Order Granting Motion to Withdraw as Counsel.
Apr. 07, 2017 Order Denying Motion Without Prejudice.
Apr. 06, 2017 Motion to Withdraw as Counsel filed.
Apr. 03, 2017 Order of Pre-hearing Instructions.
Apr. 03, 2017 Notice of Hearing by Video Teleconference (hearing set for June 2, 2017; 9:00 a.m.; Port St. Lucie and Tallahassee, FL).
Apr. 03, 2017 Petitioner's Unilateral Response to Initial Order filed.
Mar. 30, 2017 Petitioner's Motion to Admit Deposition to Perpetuate Testimony in Lieu of Live Testimony filed.
Mar. 28, 2017 Notice of Petitioner's First Interlocking Discovery Requests filed.
Mar. 28, 2017 Notice of Appearance (Alphonse Cheneler) filed.
Mar. 28, 2017 Notice of Appearance (Kimberly Murray) filed.
Mar. 27, 2017 Initial Order.
Mar. 24, 2017 Administrative Complaint filed.
Mar. 24, 2017 Amended Election of Rights filed.
Mar. 24, 2017 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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