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
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 clear and convincing evidence shows that denial and/or termination of Buxton's licenses.
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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.
|