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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs DOUGLAS REYNAERT, 04-001547PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-001547PL Visitors: 25
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: DOUGLAS REYNAERT
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Business and Professional Regulation
Locations: Fort Myers, Florida
Filed: Apr. 23, 2004
Status: Closed
Recommended Order on Friday, October 29, 2004.

Latest Update: Mar. 11, 2005
Summary: The issues in this case are: (1) whether Respondent violated Subsection 489.119(6)(b), Florida Statutes (2000); (2) whether Respondent violated Subsection 489.1425(1), Florida Statutes (2000); (3) whether Respondent violated Subsections 489.129(1)(f), (g), (i), (j), (m), and (q), Florida Statutes (2000); and (4) if so, what penalties should be imposed.Respondent failed to complete one construction project and failed to begin another project. Recommend that Respondent be required to pay restituti
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Date (centered)



November 4, 2004


Tim Vaccaro, Director

Construction Industry Licensing Board Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792


Re: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs. DOUGLAS V. REYNAERT, DOAH Case Nos. 04-1546PL and 04-1547PL


Dear Mr. Vaccaro:


Enclosed is a copy of pages 23 and 24 from the Recommended Order issued October 29, 2004. The only change is on page 23, correcting the amount of restitution to Homer Dietzman. By this letter, I am requesting the Division's Clerk to substitute the enclosed pages.


Sincerely,



CSH/ts Enclosure

cc: Ann Cole, Clerk

CAROLYN S. HOLIFIELD

Administrative Law Judge

Leon Biegalski, General Counsel Charles J. Pellegrini, Esquire Douglas V. Raynaert

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that Petitioner, the Department of Business and Professional Regulation, Construction Industry Licensing Board, enter a final order adopting the foregoing Findings of Fact and Conclusions of Law and requiring Respondent, Douglas V. Reynaert, to pay restitution to Leila and Karen Gammie in the amount of

$6,000.00 and to Homer Dietzman in the amount of $8,121.00.

DONE AND ENTERED this 29th day of October, 2004, in Tallahassee, Leon County, Florida.

S

CAROLYN S. HOLIFIELD

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 29th day of October, 2004.


COPIES FURNISHED:


Charles J. Pellegrini, Esquire Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-2202


Douglas V. Reynaert

4815 Hidden Harbour Boulevard Fort Myers, Florida 33919


Tim Vaccaro, Director

Construction Industry Licensing Board Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-0792


Leon Biegalski, General Counsel Department of Business and

Professional Regulation 1940 North Monroe Street

Tallahassee, Florida 32399-2202


NOTICE OF RIGHT TO SUBMIT EXCEPTIONS


All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.


Docket for Case No: 04-001547PL
Issue Date Proceedings
Mar. 11, 2005 Agency Final Order filed.
Nov. 04, 2004 Letter to parties of record from Judge Holifield substuting pages 23 and 24 correcting the restitution amount to Homer Dietzman.
Oct. 29, 2004 Recommended Order (hearing held July 15, 2004). CASE CLOSED.
Oct. 29, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Sep. 15, 2004 Exhibits filed.
Sep. 15, 2004 Petitioner`s Proposed Recommended Order (filed via facsimile).
Sep. 13, 2004 Transcript of Proceedings filed.
Sep. 13, 2004 Petitioner`s Proposed Recommended Order filed.
Jul. 16, 2004 Petitioner`s Exhibits (filed via facsimile).
Jul. 15, 2004 CASE STATUS: Hearing Held.
Jul. 14, 2004 Affidavits of Donna Ethridge filed.
Jul. 12, 2004 Petitioner`s First Revised Pre-hearing Statement filed.
Jul. 12, 2004 Petitioner`s First Revised Pre-hearing Statement (filed via facsimile).
Jul. 09, 2004 Petitioner`s Pre-hearing Statement filed.
Jul. 06, 2004 Order Denying Motion (Petitioner`s Motion to Relinquish Jurisdiction or, in the Alternative, for and Order to Show Cause Denied).
Jun. 30, 2004 Petitioner`s Motion to Relinquish Jurisdiction or, in the Alternative, for an Order to Show Cause (filed via facsimile).
Jun. 25, 2004 Petitioner`s Notice of Witnesses (2 filed via facsimile).
Jun. 25, 2004 Petitioner`s Notice of Exhibits (2 filed via facsimile).
May 21, 2004 Order of Pre-hearing Instructions.
May 21, 2004 Notice of Hearing by Video Teleconference (video hearing set for July 15, 2004; 9:00 a.m.; Fort Myers and Tallahassee, FL).
May 19, 2004 Order of Consolidation. (consolidated cases are: 04-001546PL, 04-001547PL)
May 13, 2004 Order of Pre-hearing Instructions.
May 13, 2004 Notice of Hearing by Video Teleconference (video hearing set for July 15, 2004; 9:00 a.m.; Fort Myers and Tallahassee, FL).
Apr. 29, 2004 Petitioner`s Response to Initial Order (filed via facsimile).
Apr. 26, 2004 Initial Order.
Apr. 23, 2004 Election of Rights (filed via facsimile).
Apr. 23, 2004 Administrative Complaint (filed via facsimile).
Apr. 23, 2004 Agency referral (filed via facsimile).

Orders for Case No: 04-001547PL
Issue Date Document Summary
Mar. 07, 2005 Agency Final Order
Nov. 04, 2004 Recommended Order
Oct. 29, 2004 Recommended Order Respondent failed to complete one construction project and failed to begin another project. Recommend that Respondent be required to pay restitution to consumers.
Source:  Florida - Division of Administrative Hearings

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