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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING vs THE BUXTON GROUP, INCORPORATED, KAVIN P. BUXTON, OWNER AND KAVIN P. BUXTON, INDIVIDUALLY, 10-002197 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-002197 Visitors: 33
Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING
Respondent: THE BUXTON GROUP, INCORPORATED, KAVIN P. BUXTON, OWNER AND KAVIN P. BUXTON, INDIVIDUALLY
Judges: R. BRUCE MCKIBBEN
Agency: Department of Agriculture and Consumer Services
Locations: St. Petersburg, Florida
Filed: Apr. 22, 2010
Status: Closed
Recommended Order on Friday, September 10, 2010.

Latest Update: Oct. 20, 2010
Summary: The issues in these consolidated cases are: Whether The Buxton Group, Incorporated, and Kavin P. Buxton (hereinafter jointly referred to as "Buxton") committed fraud, deceit, negligence, or misconduct, and, if so, whether the Department of Agriculture and Consumer Services (the "Department") may deny the issuance of or revoke various licenses held by Buxton--DOAH Case No. 10-2197; and Whether administrative denial of Buxton's existing Class "G" license is warranted--DOAH Case No. 10-2198.The cle
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s* “fy 7, oi épy <2 STATE OF FLORIDA n _ DEPARTMENT OF AGRICULTURE AND CONSUMER SERV DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, | 0) = 2I G7 Petitioner, Vv. CASE NO.: CD200808613 D 9414758 2703671 THE BUXTON GROUP, INCORPORATED, KAVIN P. BUXTON, OWNER AND KAVIN P. BUXTON, INDIVIDUALLY, Respondents. 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: The Buxton Group, Incorporated, Kavin P. Buxton, Owner And Kavin P. Buxton, Individually, Post Office Box 14443 St. Petersburg, Florida 33733 Respondent holds license number D 9414758, effective August 31, 2006, license number G 9402513, effective October 4, 2006, license number DI9900012, effective December 12, 2006, license number MB 9500099, effective June 13, 2007, license number A 9700094, effective May 19, 2008, license number B 9400126, effective June 2, 2008, license number ZA9700128, and license number ZB9400215, effective October 4, 2006 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 1 On or about March 27, 2008, in Pinellas County, Florida, Respondents committed fraud, deceit, negligence or misconduct in the practice of regulated activities under Chapter 493, Florida Statutes, in that Kavin P. Buxton chased and intentionally discharged his pistol at a fleeing suspect who had no visible weapon. Respondent is in violation of Section 493.6118(1)(f), Florida Statutes. Wherefore, Petitioner intends to take disciplinary action against the above referenced licenses pursuant to Section 493.6118(2), Florida Statutes. Constance.) Crafers Constance N. Crawford, Director Division of Licensing Dated this 14th day of October 2008. 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 I HEREBY CERTIFY that a copy of the foregoing has been furnished by return receipt mail on this 14th day of October 2008 to The Buxton Group Incorporated, Kavin P. Buxton Owner and Kavin P. Buxton, Individually, Post Office Box 14443, St. Petersburg, Florida 33733. Steve Bensko Assistant General Counsel Department of Agriculture and Consumer Services, Division of Licensing Post Office Box 3168 Tallahassee, FL 32315-3168 (850) 245-5506 AC63

Docket for Case No: 10-002197
Issue Date Proceedings
Oct. 20, 2010 Agency Final Order filed.
Oct. 04, 2010 Department of Agriculture and Consumer Services, Division of Licensing's Response to Exceptions filed.
Sep. 24, 2010 Notice of Exception filed.
Sep. 10, 2010 Recommended Order (hearing held July 30, 2010). CASE CLOSED.
Sep. 10, 2010 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 27, 2010 Petitioner`s Proposed Recommended Order filed.
Aug. 18, 2010 Transcript July 30, 2010 filed.
Aug. 18, 2010 Transcript June 18, 2010 filed.
Aug. 18, 2010 Notice of Filing Original Transcript.
Aug. 13, 2010 Respondent`s Proposed Recommended Order filed.
Aug. 03, 2010 Notice of Filing Late Exhibit (exhibits no available for viewing) .
Jul. 30, 2010 CASE STATUS: Hearing Held.
Jul. 13, 2010 Amended Notice of Hearing (hearing set for July 30, 2010; 9:00 a.m.; St. Petersburg, FL; amended as to location of hearing).
Jun. 29, 2010 Notice of Hearing (hearing set for July 30, 2010; 9:00 a.m.; St. Petersburg, FL).
Jun. 24, 2010 Notice of Available Dates filed.
Jun. 23, 2010 Motion for Continuance filed.
Jun. 18, 2010 CASE STATUS: Hearing Partially Held; continued to date not certain.
Jun. 09, 2010 Petitioner's Pre-Hearing Statement filed.
Jun. 08, 2010 Petitioner's Proposed Pre-hearing Stipulation filed.
May 06, 2010 Order of Pre-hearing Instructions.
May 06, 2010 Notice of Hearing (hearing set for June 18, 2010; 9:00 a.m.; St. Petersburg, FL).
May 05, 2010 Order of Consolidation (DOAH Case Nos. 10-2197 and 10-2198).
Apr. 30, 2010 Petitioner's Response to Initial Order filed.
Apr. 23, 2010 Initial Order.
Apr. 23, 2010 Notice of Withdrawal filed.
Apr. 23, 2010 Affidavit of Kavin P. Buxton in Support of Respondent's Amended and Renewed Motion for Reconsideration of Respondent's Request for Formal Hearing filed.
Apr. 23, 2010 Respondent's Amended and Renewed Motion for Reconsideration of Respondent's Request for Formal Hearing filed.
Apr. 23, 2010 Amended and Renewed Answer to Administrative Complaint and Request for Formal Hearing filed.
Apr. 23, 2010 Election of Rights filed.
Apr. 23, 2010 Letter to Judge Cohen from T. Sumner enclosing pleadings filed.
Apr. 22, 2010 Stipulation and Settlement filed.
Apr. 22, 2010 Notice of Remand filed.
Apr. 22, 2010 Administrative Complaint filed.
Apr. 22, 2010 Agency referral filed.

Orders for Case No: 10-002197
Issue Date Document Summary
Oct. 20, 2010 Agency Final Order
Sep. 10, 2010 Recommended Order The clear and convincing evidence shows that denial and/or termination of Buxton's licenses.
Source:  Florida - Division of Administrative Hearings

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