STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SELECT INDUSTRIES, INC., )

)

Petitioner, )

)

vs. ) CASE NO. 97-0494CVL

)

STATE OF FLORIDA DEPARTMENT )

OF MANAGEMENT SERVICES, )

)

Respondent. )

)

FINAL ORDER

As provided in section 120.57(4), Florida Statutes and 287.133(3)(e)2.f., Florida Statutes (1996) this case was presented by joint stipulation in lieu of a formal evidentiary hearing.

APPEARANCES

For Petitioner: William B. Plowman, Esquire

304 Plant Avenue Tampa, Florida 33606

For Respondent: Cindy Horne, Esquire

Department of Management Services Suite 260

4050 Esplanade Way

Tallahassee, Florida 32399-0950

STATEMENT OF THE ISSUE

The sole issue for disposition is whether Petitioner, Select Industries, Inc. should be placed on the convicted vendor list as provided in section 287.133, Florida Statutes (1996).

PRELIMINARY STATEMENT

After receiving notice of the Department of Management Services’ (DMS) intent to place Select Industries, Inc. (Select) on the convicted vendor list, Select, through counsel, petitioned for a formal administrative hearing.

DMS referred the case to the Division of Administrative Hearings (DOAH) on February 3, 1997. The case was assigned and the formal hearing was scheduled for February 24, 1997.

On February 19, 1997, the parties filed their joint stipulation disposing of the central issue with stipulated facts and conclusions.

The administrative hearing is cancelled and the parties’ stipulation is adopted as required by section 287.133(3)(e)2.f., Florida Statutes (1996).

STIPLULATED FACTS

1. On October 6, 1995, Donald Brenman, sole owner of Select Industries, Inc. pleaded guilty to Bribery and Grand Theft, a public entity crime as defined within subsection 287.133(1)(g), Florida Statutes. (Exhibit 1 - Plea of Defendant and Judgment of Conviction) The Court withheld adjudication of guilt and placed Donald Brenman on probation for a period of five years with each count, consecutive, and required him to pay restitution in the amount of $12,931.07, at the rate of $300.00 per month, imposed a fine in the amount of $1,000.00 and Court costs of $200.00.

2. Select Industries, Inc. is registered to do business in Florida as Select Industries, Inc. The primary activities of this company in the State of Florida is the sale of cleaning supplies.

3. Select Industries, Inc. has no affiliates or subsidiaries.

4. Subparagraph 287.133(3)(e)3., Florida Statutes, establishes factors which, if applicable to a convicted vendor, will mitigate against placement of that vendor upon the convicted vendor list.

5. Subparagraph 287.133(3)(e)3., Florida Statutes, establishes “[p]rompt or voluntary payment of any damages or penalty as a result of the conviction” as a factor mitigating against placement on the convicted vendor list. Donald Brenman is paying restitution of $12,931.07. His probation officer reported that Mr. Brenman has made regular monthly payments toward restitution and has paid in full the fine and all Court costs and fees. Mr. Brenman has also completed all community service hours, to the benefit of the citizens of Marion County, Florida.

6. Subparagraph 287.133(3)(e)3.f., Florida Statutes, establishes “[c]ooperation with state or federal investigation or prosecution of any public entity crime” as a mitigating factor.

   1. According to the information received from the Jim McCune, Assistant State Attorney, Donald Brenman did not

      cooperate with the investigation prior to the filing of the information. Mr. Brenman’s counsel asserted that Mr. Brenman has been fully cooperative since being advised of charges and his voluntary surrender for arrest. The State of Florida and Mr.

      Brenman agreed that he be released on his own recognizance pending disposition of the case. The Court approved the agreement.

   2. Select Industries, Inc. fully cooperated with the Department of Management Services in connection with its investigation initiated pursuant to section 287.133, Florida Statutes.

7. Subsubparagraph 287.133(3)(e)3.g., Florida Statutes, establishes “[p]rior or future self-policing by the person or affiliate to prevent public entity crimes” as a mitigating factor. Mr. Brenman has severed all business ties with William Rhinehart, his accomplice in the crimes and has conducted his business in a lawful manner.

8. This joint stipulation provides a full and complete factual basis for determining whether Select Industries, Inc. should be placed on the convicted vendor list. In light of the facts and criteria set forth in subsubparagraph 287.133(3)(e)3.a. through k., Florida Statutes, there are no disputed issues of material fact between the Department of Management Services and Select Industries, Inc. which would require a formal hearing.

   The parties stipulate and agree that Select Industries, Inc. should not be placed on the convicted vendor’s list.

   CONCLUSIONS OF LAW

   
   

9. The Division of Administrative Hearings has jurisdiction in this matter pursuant to sections 120.57(1), Florida Statutes and 287.133(3)(e) 2.b., Florida Statutes (1996).

10. Section 287.133(3)(e)2.f., Florida Statutes (1996) provides:

    At anytime after filing the petition, informal disposition may be made pursuant to section 120.57(4). In that event, the administrative law judge shall enter a final order adopting the stipulation, agreed settlement, or consent order.

    
    

11. The parties’ stipulation resolves the issue in this proceeding and the stipulation is adopted.

ORDER

It is, hereby, ORDERED:

Select Industries, Inc. shall not be placed on the convicted vendor list.

DONE and ORDERED this 20th day of February 1997 in Tallahassee, Leon County, Florida.

MARY CLARK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 20th day of February 1997.

COPIES FURNISHED:

William B. Plowman, Esquire

304 Plant Avenue Tampa, Florida 33606

Cindy Horne, Esquire

Department of Management Services Suite 260

4050 Esplanade Way

Tallahassee, Florida 32399-0950

Paul A. Rowell, General Counsel Department of Management Services 4050 Esplanade Way

Tallahassee, Florida 32399-0950

William H. Lindner, Secretary Department of Management Services 4050 Esplanade Way

Tallahassee, Florida 32399-0950

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 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: 97-000494

Orders for Case No: 97-000494