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30-A RESTAURANT GROUP, INC. vs DEPARTMENT OF REVENUE, 08-005823 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-005823 Visitors: 29
Petitioner: 30-A RESTAURANT GROUP, INC.
Respondent: DEPARTMENT OF REVENUE
Judges: HARRY L. HOOPER
Agency: Department of Revenue
Locations: Shalimar, Florida
Filed: Nov. 20, 2008
Status: Closed
Recommended Order on Thursday, October 29, 2009.

Latest Update: Feb. 02, 2010
Summary: Petitioner claimed that sales tax proceeds collected by his employees were stolen and thus he was not obligated to remit those funds to the Department. Sales tax collected become the property of the State at the time of collection and must be remitted.

Docket for Case No: 08-005823
Issue Date Proceedings
Feb. 02, 2010 Respondent's Notice of Additional Counsel filed.
Dec. 28, 2009 Notice of Appeal filed.
Nov. 23, 2009 Agency Final Order filed.
Oct. 29, 2009 Recommended Order cover letter identifying the hearing record referred to the Agency.
Oct. 29, 2009 Recommended Order (hearing held August 12, 2009). CASE CLOSED.
Oct. 12, 2009 Petitioner`s Proposed Recommended Order filed.
Oct. 09, 2009 Respondent`s Proposed Recommended Order filed.
Sep. 15, 2009 Notice of Absence filed.
Sep. 04, 2009 Order Granting Extension of Time (proposed recommended orders to be filed by October 9, 2009).
Sep. 03, 2009 Motion for Extension of Time to File Proposed Recommended Orders filed.
Sep. 03, 2009 Transcript filed.
Aug. 12, 2009 CASE STATUS: Hearing Held.
Aug. 04, 2009 Order Addressing Department`s Response to Petitioner`s Undated Urgent Emergency Letter to Court Filed July 21, 2009, Motion to Disqualify John Beebe as Qualified Representative of Petitioner, Motion in Limine, and Motion for Sanctions.
Jul. 31, 2009 Order Re-scheduling Hearing (hearing set for August 12, 2009; 10:00 a.m., Central Time; Shalimar, FL).
Jul. 30, 2009 Department's Response to Petitioner's Undated Urgent-Emergency Letter to Court Filed July 21, 2009, Motion to Disqualify John Beebe as Qualified Representative of Petitioner, Motion in Limine, and Motion for Sanctions filed.
Jul. 30, 2009 Department's Unilateral Response to Order Granting Continuance filed.
Jul. 23, 2009 Notice of Ex-parte Communication.
Jul. 22, 2009 Order Granting Continuance (parties to advise status by July 31, 2009).
Jul. 21, 2009 Letter to DOAH from J. Beebe regarding request for extension of time filed.
Jul. 13, 2009 Notice of Service of Exhibits to Petitoner's Counsel filed.
Jun. 03, 2009 Order Re-scheduling Hearing (hearing set for July 23, 2009; 10:00 a.m., Central Time; Shalimar, FL).
May 22, 2009 Department's Pretrial Statement filed.
Mar. 31, 2009 Order Re-scheduling Hearing (hearing set for June 1, 2009; 10:00 a.m., Central Time; Shalimar, FL).
Mar. 12, 2009 Motion to Docket for Final Hearing filed.
Feb. 24, 2009 Order Continuing Case in Abeyance (parties to advise status by May 25, 2009).
Feb. 20, 2009 Status Report and Motion to Continue filed.
Jan. 26, 2009 Order (David McGee is allowed to withdraw as counsel for Petitioner).
Jan. 23, 2009 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by February 23, 2009).
Jan. 23, 2009 Petitioner`s Counsel`s Motion to Withdraw (David L. McGee) filed.
Jan. 20, 2009 Petitioner`s Motion to Continue filed.
Jan. 16, 2009 Department`s Response to Petitioner`s Motion to Continue filed.
Dec. 12, 2008 Notice of Appearance (filed by W. Bird).
Dec. 03, 2008 Order of Pre-hearing Instructions.
Dec. 03, 2008 Notice of Hearing (hearing set for January 29, 2009; 10:00 a.m., Central Time; Destin, FL).
Dec. 01, 2008 Department`s Unilateral Response to Initial Order filed.
Nov. 20, 2008 Initial Order.
Nov. 20, 2008 Notice of Decision filed.
Nov. 20, 2008 Petition for Administrative Hearing filed.
Nov. 20, 2008 Agency referral filed.

Orders for Case No: 08-005823
Issue Date Document Summary
Nov. 23, 2009 Agency Final Order
Oct. 29, 2009 Recommended Order Petitioner claimed that sales tax proceeds collected by his employees were stolen and thus he was not obligated to remit those funds to the Department. Sales tax collected become the property of the State at the time of collection and must be remitted.
Source:  Florida - Division of Administrative Hearings

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