STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SUN WORLD TRAVEL, INC., )
)
Petitioner, )
)
vs. ) CASE NO. 93-1465
) STATE OF FLORIDA, DEPARTMENT OF ) MANAGEMENT SERVICES, )
)
Respondent. )
)
RECOMMENDED ORDER
Upon due notice, this cause came on for formal hearing on June 18, 1993 in Tallahassee, Florida, before Stephen F. Dean, a duly assigned hearing officer of the Division of Administrative Hearings.
APPEARANCES
For Petitioner: Ronald G. Meyer
2544 Blairstone Pines Drive Post Office Box 1547 Tallahassee, Florida 32302
For Respondent: Cindy Horne
Office of General Counsel Department of Management Services Knight Building, Suite 309
2737 Centerview Drive
Tallahassee, Florida 32399-0950 STATEMENT OF THE ISSUE
Generally, whether or not Petitioner qualifies for certification as a minority business enterprise. Specifically, whether Joanne Gamache, the majority owner, has real, substantial, and continuing control over the business to include purchase of goods, equipment, business inventory, and services; and control over all phases of management and daily operations including development of policy, personnel and operations procedures, and problem solving.
PRELIMINARY STATEMENT
Petitioner, Sun World Travel, Inc., (Sun) filed a request for certification as a minority business enterpirse with Respondent, Department of Mangement Services, (DMS). By letter dated February 18, 1993, Respondent's representative advised Petitioner that Petitioner's application for certification as a minority business enterprise (MBE) was denied. Petitioner filed a Petition for Formal Hearing on March 1, 1993. Subsequently, the Department of Management Services transferred the matter to the Division of Administrative Hearings for a formal hearing pursuant to Section 120.57(1), Florida Statutes.
At the final hearing Petitioner presented the testimony of three witnesses, and Respondent presented the testimony of two witnesses at hearing. Petitioner submitted eight evidentiary exhibits, and Respondent submitted one evidentiary exhibit. Respondent requested and received official recognition for Rule 60A-2, Florida Administrative Code, and two administrative orders.
Problems with the preparation of the transcript delayed filing of the proposed findings in this case until mid-September, 1993. References to hearing transcript are cited as Tr. . Petitioner's exhibits are cited as P.E. .
Respondent's exhibits are cited as R.E. . References to entries on Petitioner's Proposed Stipulation of Facts to Supplement Record are cited as
. References to Entries from Respondent's Proposed Stipulation Regarding Corrections to Transcript are cited as R.S. .
Both parties submitted proposed findings which were read and considered.
Appendix A to this order states which of those findings were adopted, and which were rejected and why.
FINDINGS OF FACT
The Joanne Gamache is a white, American female, and she owns 51 percent of the stock of Sun World Travel, Inc., (hereafter Sun). She submitted an application for MBE Certification in behalf of Sun to the Department of Management Services, (hereafter DMS). (R.E. 1, p. 24-31) Gillies Gamache, Joanne's husband, owns 49 percent of Sun World Travel. (Tr. 19-20) The major business purpose of this business is the sale of travel. (Tr. 35) Sun is a corporation domiciled in Florida with less than 25 employees, and a net worth of less than $1 million dollars.
DMS, through its Certification Officer Morris, reviewed the file, completed an on site visit to Petitioner's business, and Sun's application for MBE Certification was tentatively denied. (Tr. 97-100) Sun was duly notified of DMS's decision, and filed a timely request for formal hearing on the intended agency action.
In 1978, Gilles Gamache bought a travel agency in Broward County called Transit Travel using the joint savings of Gilles and Joanne Gamache. (Tr. 11-
12) All of the stock of this travel agency was issued to Gilles Gamache. (Tr.
19) He was both travel agent and the manager of Transit Travel. (Tr. 11) Joanne Gamache also worked in the agency making resevations, delivering tickets and doing the bookkeeping. (Tr. 15-16) Both Gamaches were also employed full time as teachers in the Broward County school system. (Tr. 12-13, 15-16)
In 1981, the Gamaches moved to Tallahassee selling both their home and the business in South Florida. (Tr.14) Gilles Gamache opened another travel agency in Tallahassee called Sun World Travel using the proceeds of the sale of Transit Travel and other jointly held property. (Tr. 14 and 31) He was initially the 100 percent owner of the agency. (Tr. 19) Gilles Gamache initially worked in the travel agency full time and Joanne Gamache continued to teach school full time, and deliver tickets and work on business' books. (Tr. 16-19) She occasionally made some reservations. (Tr. 16-19)
In 1989, Gilles Gamache transferred 51 percent ownership of Sun to Joanne Gamache. (Tr. 19-20) This shift resulted when Gilles Gamache became involved in additional business ventures, Joanne Gamache had more time to devote to the business because their daughter had entered school, and the transfer
reflected the ownership interest which Joanne Gamache had possessed in Sun and its predeccessor, Transit Travel. It is incorrect to state that Joanne Gamache did not pay anything for her share of the business because she would have been entitled to a share of the business equal to her contribution to the joint funds used to purchase Transit Travel and jointly held property from which the money came to start Sun. (Tr. 31) The uncontroverted evidence is that Joanne's contributions to those savings was greater than Gilles' because she had always maintained her full time employment as a teacher. (Tr. 43 and HO's notes p. 6, 14, 27)
The bylaws of the corporation provide that no transfer of stock which would dilute the 51 percent ownership of this corporation by minorites shall be permitted. (Tr. 21, Pet. Exh. 2, Article IV, Section 5)
Concurrent with the shift in ownership and responsibilities, Sun hired an office manager because of a technical requirement that the manager of such an agency must be a certified reservationist, and Joanne Gamache is not certified. Initially, one of the existing employees, who was certified, was employed as the manager. Thereafter, Cindy Cimbora was hired as the manager; however, she is under the direction and control of Joanne Gamache.
Gilles Gamache continues to be employed as a reservationist with Sun, as well has being the sole employee of two other companies which he owns. One of these companies is an importing company and the other involves text books. Gilles Gamache works 20 to 30 hours per week for Sun World Travel and 16 hours in his other businesses. (Tr. 80, 29-30)
One of the major purchasing decisions made by Sun in the last five years was the purchase of the current business site. Joanne Gamache suggested the purchase of the building as a business location for Sun, and was the prime mover in its purchase, although both Gamaches participated in the negotiations for the purchase. The Gamaches own the building personally and rent the building to their businesses. The office of Gilles Gamache's companies are also in this building, but separate from those of Sun. None of the travel agency's business is transacted in the area used by his other businesses, and visa versa. (Tr. 76) Joanne Gamahe designed, selected and purchased the business' sign, entrance, and doors. She contracted for the security system for Sun. Rent paid by Sun on the building is less than $20,000 a year.
Joanne Gamache earns $32,000 a year as a teacher and $7,000 a year from Sun World Travel. (Tr.46-47) Joanne Gamache goes to the business before and after school to deal with day to day business decisions providing direction to Cimbora in writing, directly, and by telepone. Joanne Gamache does a portion of her bookkeeping work at home at night and on the weekends. (Tr. 49) She estimates that she works 15-20 hours per week for Sun World Travel during the school year. Currently, Cindy Cimbora directs the other agents during business hours from 8:00 a.m. to 6:00 p.m. (Tr. 76-94)
The Gamaches, as teachers, originally decided to engage in the travel business because its peak busy periods coincide with traditional school breaks.
Sun employs Joanne Gamache, Gilles Gamache, Cindy Cimbora, Mary Waltman and John Moseley. Joanne Gamache makes personnel decisions, although most of the current employees were employed prior to the transfer of business ownership, and prepares and signs all payroll checks. She did interview and hire Cindy Cimbora, a white, American female in January 1992, on an employment
contract which provides that Cimbora has first right of refusal if the agency is put up for sale. Cindy Cimbora is an experienced travel agent, and certified reservationist. (Tr. 50-51)
Gilles Gamache signed the latest contract for the business' reservation computer system; however, Joanne Gamach negotiated the contract, and did not sign in behalf of the business because she was out of town because of an illness in her family. (Tr. 36) Joanne Gamache negotiated and signed the previous contract for reservation computer services. (Pet. Exh. 4 & 5, and Tr.
37) Joanne Gamache currently pays payroll, purchases supplies, handles accounts receivable, deals with the accountant about taxes, and gives direction to Cindy Cimbora on business to pursue. Joanne Gamache controls the finances of the business.
Sun has a line of credit with First Florida Bank for which both Gamaches are jointly and severally liable. The business regularly uses credit card accounts for which both Gamaches are jointly and severally liable. Sun is unable to procure credit without the personal guarantee of both Gamaches. Cimbora and Gilles are additional authorized signatories on the business' checking account to facilitate transactions, such as making refunds to customers. Joanne Gamache writes the majority of the checks to suppliers and service providers.
The company supplied a list of daily business activities for each owner at the request of the Certification Officer. (R.E. 1, p. 33-36) Gilles Gamache listed the following duties: disseminate information on new travel deals, coordinate ticket deliveries, organize travel literature files, look out for the best insurance values, monitor sales, solicit new business and make travel arrangements for clients. (R.E. 1 p. 34) Joanne Gamache listed her activities as the following: purchase goods and services, sign checks, do payroll, monitor profitability, monitor overhead costs, monitor collection of commissions, monitor stock of documents, issue refunds and process weekly airline report. (R.E. 1 p. 35) All of Joanne Gamache's functions related to management and the setting of policy, not day to day arrangements for travel; however, her duties are essential to the success of the business.
In order to establish and maintain a travel agency the Airline Reporting Corporation requires that a travel agent with two years experience must run the business. (Tr. 123) To become a travel agent, a person must take a four hundred hour course covering topics including the opening and closing of a sale, learning airports, the destination of airlines and scheduling. (Tr. 88) There is a separate course requirement for the COVIA reservation system. (Tr.
88) COVIA is a system for making computerized airline reservations. Joanne Gamache has not attended these courses and is not a certified travel agent. (Tr. 75) This is the reason Sun employs Cindy Cimbora.
The department's determination was based upon its conclusions regarding control of the business. To determine who has control of a family- owned business the agency looks at the contributions of each family member, the history of involvement with the business of each spouse, who sets policy, the resumes of the owners, the relative involvement of each owner in the business, and the length of time each had been active in the travel business. The agency initially concluded that Gilles Gamache's experience in the business was more extensive than his wife's, and that Joanne Gamache does not control Sun World Travel. (Tr 123-125)
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this cause pursuant to Section 120.57(1), Florida Statutes.
The burden of proving entitlement to certification as a minority business enterprise is on the Petitioner. Rule 28-6.008, Florida Administrative Code; Florida Department of Transportation v J.W.C. Company, Inc., 396 So.2d 778 (Fla. 1st DCA 1981).
Section 288.703(2), Florida Statutes, defines a minority business as any small business concern which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51 percent owned by minority persons and whose management and daily operations are controlled by such persons.
There is no question of law or fact that Sun is a small business, engaged in commercial transactions, domiciled in Florida, and owned 51 percent by a minority person. The issue is whether the management and daily operations of the company are controlled by the minority owner.
Rule 60A-2.005(2)(e), Florida Administrative Code, states:
(e) The minority owners must demonstrate that they share in all the risks assumed by the business firm. Such sharing of business risks shall be demonstrated through the minority owner's primary role in decision- making, and negotiation and execution of related transaction documents either as individuals or as officers of the business.
The minority owners' sharing in business risks shall be commensurate with their percentage of ownership, including but not limited to start- up costs and contributions, acquisition of additional ownership interest, third-party agreements, bonding applications, and other liabilities. Start-up contributions may be space, cash equipment, real estate, inventory or services estimated at fair market value.
All contributions of capital by the minority owners must be real and substantial. The following are presumed not be real and substantial capital contributions:
promises to contribute capital,
notes payable to the applicant business,
notes payable to the non-minority owners or to the non-minority family members of any owners, and
past services rendered by the minority person as an employee, rather than a decision maker, ......
The rule above addresses several elements of ownership and control. First, the rule does not require that the minority owner make all the business decisions. The record shows that Gilles Gamache has and does make some business decisions. However, it shows that Joanne Gamache now makes all the primary decisions and that Cindy Cimbora sees that they are executed.
Prior to the transfer of controlling interest to Joanne Gamache, her participation in major business decisions was equal to that of her husband; however, since 1989 her participation has increased commensurate with her 51 percent interest in the business. She has negotiated major contracts, hired a manager, purchased a business site, participated in the design and execution of the plans for the business site, and directed the policy of the business. Day to day direction of the employees rest with Cindy Cimbora.
Cimbora testified that she takes her directions from Joanne Gamache. She testified that Gilles Gamache worked as a reservationist under her direction, and that she was the manager. Both Gilles Gamache and Cindy Cimbora testified that Joanne Gamache ultimately directed all policy decisions regarding the business, and that Joanne Gamache was the "boss." Their testimony is uncontroverted. The fact that Joanne Gamache has not re-written the policy manual prepared jointly with her husband before her assumption of control does not prove she is not in control currently. If the policies work, there is no need to amend them on a wholesale basis. The record shows that, where necessary, amendments to these policies are made by Joanne Gamache.
Unlike the DOT in the case of Charles E. Burkett and Associates, Inc.,
v. Department of Transportation, DOAH Case No. 92-0896, DMS has not adopted a rule requiring the minority (disadvantaged) owner to have the requisite knowledge, experience and education to understand and participate in the technical operations of the business. Therefore, Joanne Gamache's lack of certification as a reservationist is not proof she lacks control over the business, and is not disqualifying to designation of the company as a minority business enterprise.
Second, concerning ownership, the evidence in this case shows that Sun was established with joint funds of Gilles and Joanne Gamache, a man and his wife. Under different circumstances, had Joanne Gamache sought to establish a claim to a portion of Transit Travel or Sun, she could have gone behind the corporate ownership of 100 percent of the stock by her husband, and established a financial interest in the business equal to her contribution of money. In this case, Joanne Gamache proved the business was purchased with joint funds, and that her contribution to those funds exceeded that of her husband. She showed a financial contribution in excess of 50 percent of the business which is in line with her ownership of 51 percent of the shares of Sun. The transfer of ownership by Gilles Gamache was not a gift or a means of qualifying for "minority" status. The transfer reflected the existing facts, that the business was funded and developed with jointly owned saving to which Joanne Gamache made the principle contribution.
Unlike the case of Thumbprint Copy and Printing Center v Department of General Services, DOAH Case #88-5533 (May 12, 1989), in which the minority owner's husband sold the business to the his wife for $1.00, this case can be distinquished on the basis of the capital investments in Sun World Travel coming from joint funds in which the minority owner's share exceeded half the purchase price based upon her more substantial contributions to the couple's joint savings.
Regarding the length of time Joanne Gamache was involved in the business, she was involved with the family travel businesses from their inception. Her role was primarily as a bookkeeper; however, she has also made reservations, negotiated contracts, delivered tickets, and participated in the development of these family owned businesses for as long as her husband has been involved.
Regarding financial risks, the evidence shows that both Joanne and Gilles Gamache are jointly and severally liable for most of the business debts. The Petitioner correctly points out in its argument that, in a small business, banks and others desire the signatures of all officers on contracts and agreements. The bank can proceed to collect from either individual because they are equally liable.
Rule 60A-2.005(3)(d), Florida Administrative Code, states:
(d) The control exercised by the minority owners shall be real, substantial and continuing, and shall go beyond pro forma control.
In instances where the applicant business is found to be a family-operated business, with duties, responsibilities and decision-making occurring jointly and mutually among owners and principals, or severally among managerial and operational lines between minority and non-minority owners, the minority owners shall not be considered as controlling the business. (Emphasis Supplied.)
Where the minority owners substantiate that the assumption of duties is not based on their lack of knowledge or capability to independently make decisions regarding the business management or daily operation, the minority owner's control may not be affected. The minority owners shall establish that they have dominant responsibility for the management and daily operations of the business as follows:
1. The minority owners shall control the purchase of goods, equipment, business inventory and services needed in the day-to-day operation of the business.
* * *
5. The minority owners shall display independence and initiative in seeking and negotiating contracts, accepting and rejecting bids and in conducting all major aspects of the business. . .
Pro forma means "a matter of form." Clearly, Joanne Gamache's involvement in Transit Travel and in Sun goes beyond mere form both in activity and financial contribution. The principle duties of managing the business are performed by Joanne Gamache who controls the major decisions. The record reveals that Joanne Gamache has dominant responsibility for purchase of goods,
services, and equipment, and displays independence and initiative in making decisions about these and other business issues, to include negotiating contracts. She has in the past made travel reservations; although, she now does not do so routinely during the school year. She participates in all aspects of the business during school breaks and is knowledgeable of the travel business.
Rule 60A-2.001(14), Florida Administrative Code, states: "Control" means to direct with primacy or
cause all phases of the management and daily
operations of the business, including, but not limited to, standard management practices and principles such as policy development, establishment of personnel reporting lines and operational procedures, problem solving, etc.
The record supports a conclusion that Joanne Gamache directs with primacy all phases of the management and daily operations, as stated above. While she does not personally direct employees daily; she does estabish policy which is carried out by the manager, direct business operations, and exercise control over all aspects of the business.
Upon the foregoing findings of fact and conclusions of law, it is recommended that a final order be entered granting the Petitioner's request for certification of the minority business enterprise.
RECOMMENDED this 12th day of October, 1993, at Tallahassee, Florida.
STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings The De Soto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 12th day of October, 1993.
ENDNOTE
1/ Because of problems with the official record, the parties were provided a copy of the Hearing Officer's notes taken during the proceedings. References were made to there notes in the proposed recommended order of Petitioner who referred to "Hearing Officer's Notes p. " with the appropriate page number from the notes.
APPENDIX TO RECOMMENDED ORDER 93-1465
Both parties submitted proposed findings of fact which were read and considered. The following states which of these findings were adopted and which were rejected and why:
Petitioner' Findings Recommended Order
Para | 1,2 | Para 1 |
Para | 3 | Para 5 |
Para | 4 | Para 4 |
Para | 5-8 | Para 3-5 |
Para | 9,10 | Para 5,7,8 |
Para | 11-15 | Para 10-12 |
Para | 16-18 | Para 8,9 |
Para | 20,21 | Para 11 |
Para | 22 | Argument & Conclusion |
Para | 23 | Para 13 |
Para | 24 | Para 14 |
Para | 25 | Para 9 |
Para | 26 | Para 15 |
Para | 27-30 | Para 12,13 |
Para | 31-35 | Para 14 |
Para | 36 | Para 12 |
Para | 37 | Conclusion |
Para | 38 | Not necessary for holding |
Para | 39 | Para 6 |
Respondent Findings Recommended Order
Para | 1 | Para 2 | |
Para | 2 | Para 3,4,5 | |
Para | 3 | Para 4 | |
Para | 4 | Para 3,4,5 | |
Para | 5 | Rejected as contrary | to |
best evidence. | |||
Para | 6 | Para 15 | |
Para | 7 | Para 4,7,8 | |
Para | 8 | Para 10 | |
Para | 9 | Para 16 | |
Para | 10 | Para 9,13 | |
Para | 11 | Para 14 | |
Para | 12 | Para 10 | |
Para | 13 | Para 17 |
COPIES FURNISHED:
Ronald G. Meyer, Esquire 2544 Blairstone Pines Drive Post Office Box 1547 Tallahassee, FL 32302
Cindy Horne, Esquire
Department of Management Services Suite 309, Knight Building
2737 Centerview Drive
Tallahassee, FL 32399-0950
William H. Lindner, Secretary Department of Management Services Suite 307, Knight Building
2737 Centerview Drive
Tallahassee, FL 32399-0950
Susan B. Kirkland, Esquire Department of Management Services Suite 309, Knight Building
2737 Centerview Drive
Tallahassee, FL 32399-0950
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions to this Recommended Order. All agencies allow each party at least 10 days in which to submit written exceptions. Some agencies allow a larger period within which to submit written exceptions. You should contact the agency that will issue the final order in this case concerning agency rules on the deadline for filing exceptions to this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.
=================================================================
AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
SUN WORLD TRAVEL, INC.,
Petitioner,
vs. DOAH Case No. 93-1465
STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES,
Respondent.
/
FINAL ORDER
This matter is before me for the entry of a Final Order. A Recommended Order was rendered on October 12, 1993, by Steven F. Dean, a duly appointed Hearing Officer with the Division of Administrative Hearings. The Respondent filed exceptions to the Recommended Order on October 21, 1993. The Petitioner filed its Reply Memorandum to Respondent's Exceptions on November 5, 1993.
IT IS ORDERED THAT:
The findings of fact in paragraphs 1-17 of the Recommended Order are hereby adopted as the findings of fact of the agency.
The conclusions of law in the Recommended Order are hereby adopted, in part, as the conclusions of law of this agency, and rejected in part, as set forth hereafter.
Paragraph 26 of the Recommended Order is factually and legally incorrect, and is therefore rejected. Rule 60A-2.005(3)(d) 4, Florida Administrative Code, states:
The minority owners shall have managerial and technical capability, knowledge, training, education and experience required to make decisions regarding that particular type of work. In determining the applicant's eligibility, the Office will review the prior employment and educational backgrounds of the minority owners, the professional skills, training and/or licenses required for the given industry, the previous and existing managerial relationship between and among
all owners, especially those who are familially related, and the timing and purpose of management changes. If the
minority owners have delegated management and technical responsibility to others, the minority owners must substantiate that they have caused the direction of the management of the business through their demonstrable knowledge and capability.
Paragraph 33 is adopted with the correction of the quoted rule to read "`Control' means to direct with primacy or cause the direction of all phases of the management
The exceptions to the Recommended Order are granted in part and denied in part for the reasons set forth hereafter.
Exception 1 is denied. There is sufficient evidence in the record 1/ to support this finding.
Exception 2 is denied. There is sufficient evidence in the record from which the Hearing Officer could infer this conclusion.
Exception 3 is denied because, contrary to the exception, the finding does not indicate that Joanne Gamache goes to the business every day, nor must she.
Exception 4 is denied. Both husband and wife participated in the negotiation of the contract.
Exception 5 is denied. See paragraph 7 above.
Exception 6 is granted to the extent that it is consistent with paragraph 3 above. The exception is denied to the extent it is inconsistent with paragraph 13 below.
Exception 7 is denied. The Department's representative testified that a minority owner could be credited for independent sources of capital contributions.
Exception 8 is denied. There is no requirement that the minority owner be licensed or certified in the area of expertise of a business.
Exception 9 is denied. There is no requirement that the minority owner be physically present at the business for a set period of time.
The application of the Petitioner for certification as Minority Business Enterprise is hereby granted.
DONE AND ORDERED in Tallahassee, Florida, this 10th day of January, 1994.
Don Mills
Deputy Secretary
Department of Management Services Suite 307, Knight Building
2737 Centerview Drive
Tallahassee, Florida 32399-0950
ENDNOTE
1/ As noted by the Hearing Officer, there were irregularities in the preparation of the transcript of the hearing. Without objection, the record was supplemented with the Hearing Officer's notes and the parties submitted each submitted "proposed stipulations" of facts. All of these documents have been considered in the preparation of this Final Order.
NOTICE OF RIGHT TO APPEAL
This order constitutes final agency action. Judicial review of this proceeding may be instituted by filing a notice of appeal with the fining fee prescribed by law in the District Court of Appeal, pursuant to Section 120.68, Florida Statutes, and a copy with the clerk of the Department of Management Services. Such notice must be filed within thirty (30) calendar days of the date this order is filed in the official records of the Department of Management Services, as indicated in the Certificate of Clerk. Review proceedings shall be conducted in accordance with the Florida Rules of Appellate Procedure.
Certificate of Clerk:
Filed in the office of the Clerk of the Department of Management Services on this 10th day of January, 1994.
Clerk Copies furnished to:
Ronald G. Meyer, Esquire Meyer and Brooks, P.A.
2544 Blairstone Pines Drive Post Office Box 1547 Tallahassee, Florida 32302-1547
Cindy Horne, Esquire
Department of Management Services Knight Building, Suite 312
2737 Centerview Drive
Tallahassee, Florida 32399-0950
Steven F. Dean Hearing Officer
The DeSoto Building 1230 Apalachee Parkway
Tallahassee, Fl. 32399-1550
| Issue Date | Proceedings |
|---|---|
| Feb. 28, 1994 | (Petitioner) Request for Evidentiary Hearing filed. |
| Jan. 13, 1994 | Final Order filed. |
| Oct. 12, 1993 | Recommended Order sent out. CASE CLOSED. Hearing held June 18, 1993. |
| Sep. 17, 1993 | Notice of Filing Petitioner's Proposed Recommended Order; Petitioner's Proposed Recommended Order (+ att's) filed. |
| Sep. 13, 1993 | Respondent's Proposed Recommended Order filed. |
| Sep. 01, 1993 | Petitioner's Proposed Stipulation of Facts to Supplement Record filed. |
| Aug. 26, 1993 | Respondent`s Proposed Stipulation Regarding Corrections to Transcript filed. |
| Aug. 16, 1993 | Letter to SFD from Ronald G. Meyer (re: Transcript) filed. |
| Jul. 13, 1993 | Transcript filed. |
| Jun. 18, 1993 | CASE STATUS: Hearing Held. |
| Jun. 11, 1993 | Notice Rescheduling Hearing sent out. (hearing set for 06/18/93;9:30AM;Tallahassee) |
| Jun. 07, 1993 | (Petitioner) Motion to Reschedule Final Hearing filed. |
| Apr. 29, 1993 | (Respondent) Amended Notice of Taking Deposition filed. |
| Apr. 27, 1993 | (Respondent) Notice of Taking Deposition filed. |
| Apr. 15, 1993 | (Respondent) Notice of Service of Interrogatories filed. |
| Apr. 07, 1993 | Notice of Hearing sent out. (hearing set for 6-16-93; 9:30am; Talla) |
| Mar. 25, 1993 | (joint) Response to Initial Order filed. |
| Mar. 16, 1993 | Agency's Denial Ltr filed. |
| Mar. 16, 1993 | Initial Order issued. |
| Mar. 12, 1993 | Agency referral letter; Petition for Formal Hearing (3-15-93 will send cc: Agency Denial Letter) filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Jan. 10, 1994 | Agency Final Order | |
| Oct. 12, 1993 | Recommended Order | Evidence that white female minority owner had jointly purchased business, controlled Other Personnel Services and finances, and makes primary devisions about purchasing office-and goods. |
