Petitioner: FUBAR
Respondent: CITY OF GAINESVILLE
Judges: BARBARA J. STAROS
Agency: Contract Hearings
Locations: Gainesville, Florida
Filed: Nov. 13, 2012
Status: Closed
Recommended Order on Friday, April 26, 2013.
Latest Update: Apr. 26, 2013
Summary: Whether the Respondent's issuance of an Underage Prohibition Order is appropriate or should be rescinded.Respondent proved requisite number of underage drinking incidents. However, Petitioner used reasonable diligence to deter and detect underage drinking. Recommend Underage Probition Order be rescinded.
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FUBAR,
Petitioner,
vs.
CITY OF GAINESVILLE,
Respondent.
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) Case No. 12-3649
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ADDENDUM TO RECOMMENDED ORDER
On March 14, 2013, a Recommended Order was entered in this case. On April 16, 2013, the City Manager of the City of Gainesville issued an Agency Remand of Recommended Order. On April 22, 2013, Petitioner filed a Response to Agency Remand of Recommended Order.
On April 25, 2013, Judge Lawrence P. Stevenson entered an Addendum to Recommended Order in DOAH Case No. 12-3370, which addressed the same issues and matters of law that are at issue in the remand of the instant case.
The undersigned adopts the reasoning set forth in the Addendum to Recommended Order entered by Judge Stevenson on April 25, 2013, and incorporates said Addendum by reference herein.1/
Accordingly, the undersigned declines to amend the findings of fact, conclusions of law, or the recommendation of the Recommended Order entered in this case on March 14, 2013.
DONE AND ORDERED this 26th day of April, 2013, in Tallahassee, Leon County, Florida.
S
BARBARA J. STAROS
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 26th day of April, 2013.
ENDNOTE
1/ The order may be found on the Division of Administrative Hearings' website, www.doah.state.fl.us, on the docket in Case No. 12-3370.
COPIES FURNISHED:
Lee C. Libby, Esquire City of Gainesville Suite 425
200 East University Avenue Gainesville, Florida 32601
Gary S. Edinger, Esquire
Gary S. Edinger and Associates, P.A.
305 Northeast 1st Street Gainesville, Florida 32601
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions within
10 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.
Docket for Case No: 12-003649
| Issue Date |
Proceedings |
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Apr. 26, 2013 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Apr. 26, 2013 |
Petitioner's Notice of Supplemental Authority in Opposition to Agency Remand of Recommended Order filed.
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Apr. 26, 2013 |
Addendum to Recommended Order. CASE CLOSED.
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Apr. 26, 2013 |
CASE REOPENED pursuant to Administrative Law Judge Staros. |
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Apr. 22, 2013 |
Response to Agency Remand of Recommended Order filed.
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Apr. 16, 2013 |
Agency Remand of Recommended Order filed.
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Apr. 01, 2013 |
Petitioner's Notice of Supplemental Authority (in opposition to City's exceptions to recommended Order) filed.
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Mar. 14, 2013 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Mar. 14, 2013 |
Recommended Order (hearing held January 28, 2013). CASE CLOSED.
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Feb. 22, 2013 |
Petitioner's Proposed Recommended Order filed.
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Feb. 21, 2013 |
City of Gainesville's Proposed Findings of Facts filed.
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Feb. 13, 2013 |
Transcript (Volume I-II) (not available for viewing) filed. |
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Jan. 28, 2013 |
CASE STATUS: Hearing Held. |
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Jan. 17, 2013 |
Joint Pre-hearing Summary filed.
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Jan. 16, 2013 |
City of Gainesville's Notice of Filing Proposed Exhibits (exhibits not available for viewing).
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Jan. 15, 2013 |
Petitioner's Notice of Filing Proposed Exhibits (exhibits attached) filed.
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Jan. 14, 2013 |
City of Gainesville's Notice of Filing Proposed Exhibits filed.
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Jan. 07, 2013 |
Notice of Service of Answers to Interrogatories filed.
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Jan. 07, 2013 |
City of Gainesville's Response to Petitioner's Request to Produce filed.
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Jan. 07, 2013 |
City of Gainesville's Notice of Additional Underage Drinking Incidents to be Relied on in Support of Underage Prohibition Order filed.
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Dec. 17, 2012 |
Return of Service (to J. Guyan) filed.
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Dec. 17, 2012 |
Return of Service (to J. Torres) filed.
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Dec. 17, 2012 |
Return of Service (to M. Brown) filed.
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Dec. 17, 2012 |
Return of Service (to L. Scott) filed.
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Dec. 17, 2012 |
Return of Service (to S. Ellison) filed.
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Dec. 17, 2012 |
Return of Service (to E. Wilson) filed.
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Dec. 07, 2012 |
Notice of Service of Petitioner's Initial Interrogatories filed.
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Dec. 07, 2012 |
Petitioner's Request to Produce filed.
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Dec. 03, 2012 |
Order on Petitioner`s Motion to Dismiss.
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Dec. 03, 2012 |
Order of Pre-hearing Instructions.
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Dec. 03, 2012 |
Notice of Hearing by Video Teleconference (hearing set for January 28, 2013; 9:30 a.m.; Gainesville and Tallahassee, FL).
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Nov. 27, 2012 |
Respondent's Response to Petitioner's Motion to Dismiss Underage Prohibition Order for Improper Service filed.
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Nov. 20, 2012 |
Motions to Dismiss Underage Prohibition Order for Improper Service filed.
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Nov. 20, 2012 |
Joint Response to Initial Order filed.
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Nov. 20, 2012 |
Motions to Dismiss Underage Prohibition Order for Improper Service filed.
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Nov. 20, 2012 |
Notice of Appearance (G. Edinger) filed.
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Nov. 13, 2012 |
Initial Order.
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Nov. 13, 2012 |
Agency action letter filed.
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Nov. 13, 2012 |
Request for Administrative Hearing filed.
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Nov. 13, 2012 |
Agency referral filed.
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Orders for Case No: 12-003649
| Issue Date |
Document |
Summary |
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Apr. 26, 2013 |
Remanded from the Agency
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Respondent did not show that essential requirements of law were not followed.
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Mar. 14, 2013 |
Recommended Order
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Respondent proved requisite number of underage drinking incidents. However, Petitioner used reasonable diligence to deter and detect underage drinking. Recommend Underage Probition Order be rescinded.
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