STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALEXANDER P. ROBINSON, )

)

Petitioner, )

)

vs. ) CASE NO. 91-1659F

) DEPARTMENT OF PROFESSIONAL ) REGULATION, CONSTRUCTION ) INDUSTRY LICENSING BOARD, )

)

Respondent. )

)

FINAL ORDER

By stipulation filed September 12, 1991, the parties agreed to the entry of a final order incorporating the parties' stipulated facts, stipulated conclusion of law, and stipulated disposition. This final order conforms with the parties' stipulation.

STIPULATED FACTS

1. Petitioner was charged by an administrative complaint filed by respondent, in DPR Case No. 0104493, which was prosecuted under DOAH Case No. 90-0700.

   
   

2. On April 30, 1990, Hearing Officer William J. Kendrick filed a recommended order dismissing DPR's action against petitioner. That dismissal was incorporated into a final order of the Construction Industry Licensing Board filed on January 30, 1991, dismissing said action.

STIPULATED CONCLUSION OF LAW

1. Petitioner is a prevailing small business party within the meaning of Section 57.111, Florida Statutes, thus is entitled to attorneys fees and costs incurred in defending the action referenced above.

STIPULATED DISPOSITION

1. Respondent shall pay, and petitioner shall accept, as full settlement of all claims by petitioner associated with this action and with DRP Case No. 0104493, attorneys fees and costs incurred by petitioner in the defense of the referenced action in the amount of three thousand dollars ($3,000.00). Said amount shall be payable within thirty days of the filing of a final order by the Division of Administrative Hearings (DOAH) adopting this stipulation.

   
   

2. Upon DOAH's adoption of this stipulation, the parties expressly waive all further procedural steps, and expressly waive all rights to seek judicial review of or to otherwise challenge or contest the validity of the stipulation of facts, conclusions of law, the stipulated disposition, and the final order of DOAH incorporating said stipulation, or any part thereof.

CONCLUSION

Based on the foregoing stipulated facts, stipulated conclusion of law, and stipulated disposition, it is ordered that respondent pay petitioner the sum of three thousand dollars ($3,000.00) for attorneys fees and costs incurred in the defense of DPR Case No. 0104493 within thirty (30) days of the date of this final order.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 13th day of September 1991.

WILLIAM J. KENDRICK

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 13th day of September 1991.

COPIES FURNISHED:

Ira C. Hatch, Esquire 1650 SE 17th Street Suite 206

Fort Lauderdale, Florida 33316

Wellington H. Meffert, II, Esquire Department of Professional

Regulation Northwood Centre

1940 North Monroe Street Suite 60

Tallahassee, Florida 32399-0792

George Stuart, Secretary Department of Professional

Regulation

1940 North Monroe Street Suite 60

Tallahassee, Florida 32399-0792

Jack McRay, General Counsel Department of Professional

Regulation

1940 North Monroe Street Suite 60

Tallahassee, Florida 32399-0792

NOTICE OF RIGHT TO JUDICIAL REVIEW

A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68. FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DIVISION OF ADMINISTRATIVE HEARINGS AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

Docket for Case No: 91-001659F

Orders for Case No: 91-001659F