Petitioner: G. L. HOMES OF FLORIDA, INC.
Respondent: DEPARTMENT OF INSURANCE, DIVISION OF STATE FIRE MARSHAL
Judges: FLORENCE SNYDER RIVAS
Agency: Department of Financial Services
Locations: Miami, Florida
Filed: Dec. 11, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 30, 2002.
Latest Update: Dec. 24, 2024
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THE TREASURER OF THE STATE OF FLORIDA
DEPARTMENT OF INSURANCE
TOM GALLAGHER
01-4794
CASE NO.: 43732-01-SP
F52-Closed
IN THE MATTER OF
G.L., HOMES OF FLORIDA, INC. ;
FINAL ORDER
THIS CAUSE came on for consideration and final agency action. On November 14, 2001,
Petitioner, G.L. Homes of Florida, Inc. (hereinafter referred to as “G.L. Homes”) submitted its
Petition to revoke or modify the User Explosives license issued to White Rock Quarries and the
Blaster permit issued to L.S. Hale, to the Treasurer of the State of Florida, Department of Insurance
(hereinafter referred to as “Department”). The Department forwarded the Petition to the Division of
Administrative Hearings. A hearing was set for February 8, 2002. G.L. Homes served its First
Amended Petition for Administrative Hearing on December 26, 2001. On December 31, 2001,
White Rock Quarries (hereinafter referred to as “White Rock”) filed a Petition to Intervene, 2
Motion to Dismiss Petition, and a Motion to Strike the First Amended Petition. The Department
filed a Motion to Dismiss on January 10, 2002.
Petitioner asked the Administrative Law Judge to revoke or modify User of Explosive
License No. 60706700021995, issued to White Rock Quarries, and Blaster Permit No.
60706700011995 issued to Mr. L.S. Hale by the Regulatory Licensing Division, State Fire Marshal,
on or about October 23, 2001. The Amended Petition states that the renewal of the User license and
fa
the Blaster permit constitute de facto renewal of the expired Miami-Dade County issued
construction-mining permit.
A hearing on all pending Motions and the Amended Petition was conducted on January 28,
2002, by the Administrative Law Judge, Florence Snyder Rivas.
After consideration of the Amended Petition, motions to dismiss, authorities cited and
argument presented, the Administrative Law Judge issued her Order on Pending Motions (attached
hereto as Exhibit A). The Administrative Law Judge accepted the Amended Petition, granted White .
Rock’s Petition to Intervene, denied White Rock’s Motion to Strike First Amended Petition as
moot, and granted Department’s Motion to Dismiss and White Rock’s Motion to Dismiss.
After careful consideration of the entire record and being otherwise fully advised in the
premises, it is ORDERED:
1. The Administrative Law Judge granting of the Department’s Motion to Dismiss and
White Rock’s Motion to Dismiss is ACCEPTED as being the appropriate disposition of this case.
ACCORDINGLY, the Amended Petition of G.L. Homes, Inc. is DISMISSED.
NOTICE OF RIGHTS
Any party to these proceedings adversely affected by this Order is entitled to seek review of
this Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Florida Rules of Appellate
Procedure. Review proceedings must be instituted by filing a petition or notice of appeal with the
General Counsel, acting as the agency clerk, at 612 Larson Building, Tallahassee,
Florida 32399-0333, and a copy of the same with the appropriate District Court of Appeal within
Tra
thirty (30) days of rendition of this Order.
Copies furnished to:
DEPARTMENT OF INSURANCE
Wm. Fred Whitson
Gabriel Mazzeo
Senior Attorneys
Division of State Fire Marshal
200 E. Gaines Street
Tallahassee, Florida 32399
BILZIN, SUMBERG, et al
Howard E. Nelson, Esq.
First Union Financial Center, 200 South Biscayne Blvd., Suite 2500
Miami, Florida 33131
Counsel for G.L. Homes
Greenberg Traurig, PA.
Kerri Barsh, Esq.
1221 Brickell Ave.
Miami, Florida 33131
Counsel for White Rock Quarries
Honorable Florence Snyder Rivas
Administrative Law Judge, Division of Administrative Hearings
1230 Apalachee Parkway
Tallahassee, Florida, 32399-3060
Docket for Case No: 01-004793
Issue Date |
Proceedings |
Feb. 22, 2002 |
Final Order filed.
|
Jan. 30, 2002 |
Order on Pending Motions issued. CASE CLOSED.
|
Jan. 30, 2002 |
White Rock`s and the Department`s Notice of Supplemental Authority (filed via facsimile).
|
Jan. 25, 2002 |
Joint Motion for Continuance of Submission of Pre-Hearing Stipulation (filed via facsimile).
|
Jan. 22, 2002 |
White Rock`s Renewed Motion to Dismiss filed.
|
Jan. 10, 2002 |
Respondent Department`s Motion to Dismiss filed.
|
Jan. 07, 2002 |
Notice of Appearance as Co-Counsel (filed by G. Mazzeo via facsimile).
|
Dec. 31, 2001 |
White Rock`s Motion to Strike First Amended Petition (filed via facsimile).
|
Dec. 31, 2001 |
White Rock`s Petition to Intervene (filed via facsimile).
|
Dec. 31, 2001 |
White Rock`s Motion to Dismiss Petition (filed via facsimile).
|
Dec. 26, 2001 |
G. L. Homes of Florida First Amended Petition for Administrative Hearing filed.
|
Dec. 24, 2001 |
G.L. Homes of Floirda First Amended Petition for Administrative Hearing filed.
|
Dec. 19, 2001 |
Order of Pre-hearing Instructions issued.
|
Dec. 19, 2001 |
Notice of Hearing issued (hearing set for February 8, 2002; 9:00 a.m.; Miami, FL).
|
Dec. 18, 2001 |
Joint Response to Initial Order filed.
|
Dec. 13, 2001 |
Initial Order issued.
|
Dec. 11, 2001 |
Agency referral filed.
|
Dec. 03, 2001 |
G.I. Homes of Florida Petition for Administrative Hearing filed.
|
Dec. 03, 2001 |
Failure to Renew Permit Application filed.
|