Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING
Respondent: ANGEL M. AGOSTO
Judges: PATRICIA M. HART
Agency: Department of Agriculture and Consumer Services
Locations: Miami, Florida
Filed: Nov. 22, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 7, 2005.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA CY D2 om
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DEPARTMENT OF AGRICULTURE AND
CONSUMER SERVICES, DIVISION OF
LICENSING,
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Petitioner, i-~ .
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V. CASE NO.: CD2004-0035
M 2200052
ANGEL M. AGOSTO, 2304931
Respondent.
/
ADMINISTRATIVE COMPLAINT
COMES NOW the Department of Agriculture and Consumer Services, Division of
Licensing, pursuant to Section 493.6121, Florida Statutes, and states that it is the licensing
authority as defined therein, that it has statutory jurisdiction over the Respondent, and alleges:
The name and last known address of the Respondent is:
Angel M. Agosto
7761 southwest 88" Street
Apartment D-307
Miami, Florida 33156
Respondent holds license number M2200052, effective September 10, 2003, and license
number C 2000221, effective May 13, 2002, issued pursuant to Chapter 493, Florida Statutes.
As set forth below, an investigation of Respondent by Petitioner has revealed facts that justify
action provided for in Section 493.6118(2), Florida Statutes.
Count]
During the period of August 2003, to December 17, 2003, in Miami-Dade County,
Florida, Respondent committed fraud, deceit, negligence or misconduct in the practice of
regulated activities under Chapter 493, Florida Statues, in that as manager of Dignitary
Protection & Investigation Corp., he knowingly aided or abetted the activities and employment of
unlicensed and ineligible employees, Livensome Boucher, Cornelius Tharp and Gary Steven
Wilcox a/k/a Salvatore Pecchio. Respondent is in violation of Section 493.6118(1)(f), Florida
Statues.
Count Il
On or about December 17, 2003, in Miami-Dade County, Florida, Respondent failed or
refused to cooperate with a representative of the Department engaged in an official investigation,
in that he refused or failed to answer questions regarding an unlicensed employee (Gary Steven
Wilcox a/k/a Salvatore Pecchio) who is or should have been known to Respondent as actively
involved in the day to day operation of Respondent’s agency. Respondent is in violation of
Section 493.6118(1)(o), Florida Statutes.
Wherefore, Petitioner intends to take disciplinary action against the above referenced
licenses pursuant to Section 493.6118(2), Florida Statutes.
bn bap
Gene Bryan, Director
Division of Licensing
Dated this 14th day of January 2004.
NOTICE OF RIGHTS
In accordance with Sections 120.569 and 120.57, Florida Statutes, you the Respondent
may request a formal hearing or informal hearing, or may enter into a stipulation and settlement.
In order to request a hearing, you must complete the enclosed Election of Rights form and file it
to the Division of Licensing within 21 days of receipt of this complaint. If you request a formal
hearing, you must also send a statement of the material facts alleged in this complaint that you
dispute.
To enter into a stipulation and settlement, sign and return the attached Stipulation and
Settlement, which is an agreement to accept the suggested penalty without proceeding to a
hearing.
Failure to file the Election of Rights form with the Division of Licensing within 21
days of receipt of this administrative complaint shall be considered a waiver of your right
to a hearing and shall result in the issuance of a final order without the benefit of a
hearing. The final order will notify you of the right to appeal the final order pursuant to
Section 120.68, Florida Statutes.
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a copy of the foregoing has been furnished by certified mail on
this 14th day of January 2004 to Angel M. Agosto, 7761 Southwest 88"" Street, Apartment D-
307, Miami, Florida 33156.
Stephen S. Mathues
Assistant General Counsel
Department of Agriculture and Consumer
Services, Division of Licensing
Post Office Box 6687
Tallahassee, Florida 32314-6687
(850) 488-3492
ACS8&
Docket for Case No: 04-004266
Issue Date |
Proceedings |
Jun. 07, 2005 |
Order Closing File. CASE CLOSED.
|
May 19, 2005 |
Order to Show Cause (on or before May 27, 2005, parties shall show cause why the file should not be closed and this matter returned to the referring agency).
|
Apr. 06, 2005 |
Order Placing Case in Abeyance (parties to advise status by April 20, 2005).
|
Apr. 04, 2005 |
Response to Order to Show Cause filed.
|
Apr. 04, 2005 |
Respondent`s Response to Order to Show Cause filed.
|
Mar. 17, 2005 |
Order to Show Cause (no later than April 4, 2005, parties shall show cause why the file should not be closed and this matter returned to the referring agency).
|
Jan. 25, 2005 |
Order Granting Continuance (parties to advise status by February 25, 2005).
|
Jan. 24, 2005 |
Motion for Continuance (filed by Respondent).
|
Dec. 15, 2004 |
Notice of Hearing by Video Teleconference (video hearing set for January 27, 2005; 9:00am; Miami and Tallahassee).
|
Dec. 15, 2004 |
Order of Pre-hearing Instructions.
|
Dec. 02, 2004 |
Response to Initial Order (filed by Petitioner).
|
Nov. 22, 2004 |
Agency referral filed.
|
Nov. 22, 2004 |
Administrative Complaint filed.
|
Nov. 22, 2004 |
Response to Administrative Complaint filed.
|
Nov. 22, 2004 |
Election of Rights filed.
|
Nov. 22, 2004 |
Stipulation and Settlement filed.
|
Nov. 22, 2004 |
Initial Order. |