FILED

Del)artmeOt of Bl61oess and Professional Reautation

Deputy Agency Clerk

CLERK Brandon Nichols

Date 4/14/2011

File# 2011-02652

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1·srAr -dF FLORIDA

CONSTRUCTION INDUSTRY LICENSING BOARD

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION,

Petitioner,

vs. CASE NO.:2007-012985

LICENSE NO · CG C059204

STUART C. WINSTON,

Respondent.

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FINAL ORDER

THIS MATTER came before the Construction Industry Licensing Board (hereinafter referred to as the "Board") pursuant to Sections 120 569 and 120 57(1), Florida Statutes, on February 10, 2011, in Tampa, Florida, for consideration of the Recommended Order entered rn this case by Daniel Manry, Administrative Law Judge dated July 12, 2010 Pet1t1oner was represented by Paul Waters, Esquire. Respondent was represented by counsel. Upon cons1derat1on, the Board FINDS:

After reviewing the complete record accompanying the Recommended Order, the

Recommended Order, and being fully advised in the premises, the Board hereby adopts the findings of fact (paragraphs 1-19) and conclusions of law (paragraphs 20-26) contained 1n the Recommended Order, a copy of which 1s attached to and made a part hereof. The Respondent filed exceptions to the Recommended Order which are1 attached and incorporated herein. The Board accepts the Exceptions to the recommendation as detailed below, based on the written arguments of Respondent indicating the inappropriate order

of restitution.

Upon consideration, the Board FINDS:

1. The respondent is ordered to pay a fine in the amount of $1,000.00 and costs of

   
   

   $204.26 to the Board.

   
   

2. The Board reserves jurisdiction to impose restitution for 6 months from the date of this Final Order.

This Final Order shall become effective upon filing with the Clerk of the

Department of Business and Professional Regulation.

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DONE AND ORDERED this

b - day of Arn , 2011.

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MARK P\;TANZA

Construction Industry Licensing Board

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 AGENCY CLERK OF THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION 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 THIRTY (30) DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to: STUART C. WINSTON, 202 Shadrow Cove Circle, Cape Coral, Florida 33991; 11879 King James Court, Cape Coral, Florida 33991;and Respondent's counsel, Darrin R. Schutt, 1322 Southeast 46th Lane, Suite 202, Cape Coral, Florida 33991; and by hand/interoffice delivery to the Construction Industry Licensing Board, P.O. Box 5257, Tallahassee, FL 32314-5257; Paul Waters, Esq., Chief Construction Attorney, Office of the General Counsel, 1940 N. Monroe St., Ste. 60, Tallahassee, Florida

32399-2202, and Daniel Biggins, Assistant Attorney General, PL-01, The Tallahassee, Florida 32399-1050, on or before 5:00 p.m., this l'f""

_11p, ,. ....r..--'i"--'} , 2011.

Capitol, day of

Docket for Case No: 09-005522

Orders for Case No: 09-005522