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  5. FLORIDA BEE DISTRIBUTION, INC., D/B/A TOBACCO EXPRESS DISTRIBUTORS vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, 15-006108RU (2015)

FLORIDA BEE DISTRIBUTION, INC., D/B/A TOBACCO EXPRESS DISTRIBUTORS vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, 15-006108RU (2015)

Court: Division of Administrative Hearings, Florida Number: 15-006108RU Visitors: 27
Petitioner: FLORIDA BEE DISTRIBUTION, INC., D/B/A TOBACCO EXPRESS DISTRIBUTORS
Respondent: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO
Judges: R. BRUCE MCKIBBEN
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Oct. 28, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 1, 2017.
Latest Update: Dec. 22, 2017
Summary: The issue in this case is whether Respondent, Department of Business and Professional Regulation, Division of Alcoholic Beverages & Tobacco (the “Department”), is operating under an unadopted rule in its application of sections 210.276 and 210.30, Florida Statutes, which impose a surcharge and an excise tax, respectively, on tobacco products other than cigarettes or cigars, commonly known as other tobacco products (“OTP”), by calculating “wholesale sales price” as the full invoice price charged
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15006108Mandate

DISTRICT COURT OF APPEAL FIRST DISTRICT

STATE OF FLORIDA TALLAHASSEE, FLORIDA 32399-0950

(850) 488-6151


JON S. WHEELER CLERK OF THE COURT

(850) 488-6151


December 16, 2016


Claudia Llado, Clerk DOAH

1230 Apalachee Pkwy DeSoto Bldg Tallahassee, FL 32399


RE: Florida Department of Business and Prof. etc.

v. Florida Bee Distribution, Inc. etc. et al.


Docket No.: 1D16-1064

Lower Tribunal Case No: 15-6108RU 15-6148RU


Dear Ms. Llado,


I have been directed by the court to issue the attached mandate in the above- styled cause. It is enclosed with a certified copy of this Court’s opinion.


Yours truly,

Jon S. Wheeler Clerk of the Court


JSW/jm Enclosures

c: (letter and mandate only)


Hon. Pamela Jo Bondi,

A. G.

Claudia Llado, Clerk Gerald J. Donnini

James F. McAuley William H. Stafford, I I I

Joseph C. Moffa Blaine H. Winship


M A N D A T E

From

DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT


To R. Bruce McKibben, Administrative Law Judge, Division of Administrative Hearings

WHEREAS, in the certain cause filed in this Court styled:


FLORIDA DEPARTMENT OF BUSINESS AND PROF. ETC.

Case No : 1D16-1064


v. Lower Tribunal Case No : 15-6108RU

15-6148RU FLORIDA BEE DISTRIBUTION, INC. ETC. ET AL.

The attached opinion was issued on October 20, 2016.


YOU ARE HEREBY COMMANDED that further proceedings, if required, be had in accordance with said opinion, the rules of Court, and the laws of the State of Florida.

WITNESS the Honorable L. Clayton Roberts, Chief Judge


of the District Court of Appeal of Florida, First District,


and the Seal of said Court done at Tallahassee, Florida, on this 16th day of December 2016.



Docket for Case No: 15-006108RU
Issue Date Proceedings
Dec. 22, 2017 Transmittal letter from Claudia Llado forwarding the two-volume Transcript, along with Exhibits to Respondent.
Mar. 01, 2017 Order Closing Files. CASE CLOSED.
Feb. 22, 2017 Amended Order Canceling Hearing.
Feb. 22, 2017 Order Canceling Hearing.
Feb. 22, 2017 Notice of Filing Joint Stipulation for Attorney's Fees and Costs filed.
Feb. 16, 2017 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Feb. 16, 2017 Notice of Filing Exhibits (Respondent) filed.
Feb. 16, 2017 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Feb. 16, 2017 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Feb. 15, 2017 Petitioner's Notice of Filing Proposed Exhibits filed.
Feb. 15, 2017 Petitioner's Notice of Filing Affidavit of Reasonable Attorneys' Fees filed.
Feb. 14, 2017 Response to Request for Production (of documents) filed.
Feb. 07, 2017 Petitioner's Notice of Filing Affidavit in Support of Attorney's Fees and Costs Incurred on Appeal filed.
Feb. 07, 2017 Order Denying Continuance of Final Hearing.
Feb. 07, 2017 Respondent's Motion to Continue Hearing filed.
Jan. 10, 2017 Order Re-scheduling Hearing by Video Teleconference (hearing set for February 23, 2017; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Jan. 09, 2017 Petitioner's Request for Production to Respondent filed.
Jan. 09, 2017 Petitioner's Notice of Service of First Set of Interrogatories to Respondent filed.
Jan. 05, 2017 Order Re-scheduling Hearing (hearing set for February 23, 2017; 9:00 a.m.; Lauderdale Lakes, FL).
Jan. 04, 2017 Response to Order Placing Case in Abeyance filed.
Dec. 16, 2016 Mandate filed.
Nov. 30, 2016 BY ORDER OF THE COURT: Motion for rehearing en banc is denied.
Nov. 23, 2016 BY ORDER OF THE COURT: Appellant's motion for written opinion and certification is denied.
Nov. 14, 2016 Appellees' Response in Opposition to Appellant's Motion for Certification of an Issue of Great Public Importance and Written Opinion filed.
Nov. 14, 2016 Appellees' Response in Opposition to Appellant's Motion for Rehearing En Banc filed.
Nov. 09, 2016 Order Continuing Case in Abeyance (parties to advise status by February 9, 2017).
Nov. 08, 2016 Petitioners' Response to Order Regarding Attorneys Fees Proceedings filed.
Nov. 08, 2016 Respondent's Response to Order Regarding Attorney Fees Proceedings filed.
Nov. 04, 2016 The State of Florida, Department of Business and Professional Regulation's Motion for Written Opinino and Certification of an Issue of Great Public Importance filed.
Nov. 04, 2016 Motion for Rehearing En Banc of the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages & Tobacco filed.
Oct. 25, 2016 Order (response due by November 8, 2016).
Oct. 25, 2016 BY ORDER OF THE COURT: The cause is remanded to the Administrative Law Judge to assess attorney's fees and costs.
Oct. 20, 2016 Opinion filed.
Oct. 17, 2016 Appellee's Notice of Supplemental Authority filed.
Aug. 23, 2016 BY ORDER OF THE COURT: Notice of Oral Argument.
Aug. 09, 2016 Reply Brief of Appellant filed.
Jul. 20, 2016 Appellees' Motion for Attorney's Fees and Costs filed.
Jul. 20, 2016 Answer Brief of Appellees, Florida Bee Distribution, Inc., Planet Trading, Inc., and Melbourne, LLC filed.
Jul. 05, 2016 Index, Record, and Certificate of Record sent to the District Court of Appeal.
Jun. 29, 2016 Amended Notice of Delay in Transmitting the Record to the District Court of Appeal.
Jun. 29, 2016 Notice of Delay in Transmitting the Record to the District Court of Appeal.
Apr. 13, 2016 Order Placing Case in Abeyance (parties to advise status by June 13, 2016).
Apr. 13, 2016 Joint Motion for Abeyance filed.
Apr. 11, 2016 Petitioners' Motion to Set Attorney's Fees and Costs filed.
Mar. 25, 2016 Invoice for the record on appeal mailed.
Mar. 25, 2016 Index (of the Record) sent to the parties of record.
Mar. 23, 2016 Order of Clarification Regarding Stay.
Mar. 21, 2016 Petitioner's Notice of Fiing Missing Exhibit 21 filed (exhibits not available for viewing).
Mar. 15, 2016 Notice of Filing of Exhibit filed.
Mar. 15, 2016 Respondent's Motion for Clarification filed.
Mar. 14, 2016 Amended Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
Mar. 14, 2016 Amended Notice of Appeal filed.
Mar. 14, 2016 Order Acknowledging Stay.
Mar. 11, 2016 Respondent's Motion for Stay Pending Appeal filed.
Mar. 11, 2016 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
Mar. 10, 2016 Notice of Appeal filed.
Mar. 03, 2016 Final Order (hearing held January 28, 2016). CASE CLOSED.
Feb. 26, 2016 Respondent's Proposed Final Order filed.
Feb. 26, 2016 Petitioner's Proposed Final Order filed.
Feb. 16, 2016 Transcript of Proceedings (not available for viewing) filed.
Feb. 15, 2016 Order Denying Motion for Reconsideration and/or Clarification.
Feb. 12, 2016 Petitioners' Response to Respondent's Motion for Reconsideration, or Alternatively for Clarification filed.
Feb. 05, 2016 Motion for Reconsideration, or Alternatively for Clarification filed.
Feb. 04, 2016 Order Following in Camera Review.
Feb. 03, 2016 Letter to Judge Mckibben from William Stafford III enclosing requested proposed exhibits filed (not available for viewing).
Feb. 01, 2016 Petitioner's Notice of Filing for ALJ's Request of In-Camera Inspection of Respondent's Emails filed.
Jan. 28, 2016 CASE STATUS: Hearing Held.
Jan. 28, 2016 Petitioner's Continued Motion to Compel Discovery filed.
Jan. 27, 2016 Respondent's (Proposed) Amended Exhibit List filed (exhibits not available for viewing).
Jan. 27, 2016 Respondent's Amended Exhibit List filed.
Jan. 27, 2016 Notice of Telephonic Pre-hearing Conference (set for January 26, 2016; 4:00 p.m.).
Jan. 27, 2016 Respondent's (Proposed) Exhibit List filed (exhibits not available for viewing).
Jan. 27, 2016 Petitioner's Notice of Filing Petitioner's Proposed Exhibits filed.
Jan. 27, 2016 Exhibit D to Joint Pre-hearing Stipulation filed.
Jan. 26, 2016 Exhibit B to Joint-Pre-hearing Stipulation filed.
Jan. 26, 2016 Exhibits A and C to Joiont Pre-hearing Stipulation filed.
Jan. 26, 2016 Joint Pre-hearing Stipulation filed.
Jan. 26, 2016 Notice of Filing Respondent's Proposed Exhibits filed.
Jan. 26, 2016 CASE STATUS: Motion Hearing Held.
Jan. 26, 2016 Petitioner's Notice of Filing Additional Exhibits filed.
Jan. 25, 2016 Deposition of Marie Fraher filed.
Jan. 25, 2016 Deposition of Ben Pridgeon (Volume II) filed.
Jan. 25, 2016 Deposition of Andy Walker filed.
Jan. 25, 2016 Petitioner's Notice of Filing filed.
Jan. 25, 2016 Petitioners' Motion for Expedited Hearing filed.
Jan. 25, 2016 Petitioner's Request for Judicial Notice filed.
Jan. 22, 2016 Petitioners' Motion to Compel Discovery filed.
Jan. 22, 2016 Deposition of Benjamin Harland Pridgeon, Jr. filed.
Jan. 22, 2016 Petitioner's Notice of Filing filed.
Jan. 19, 2016 Petitioner's Notice of Taking Deposition of Marie Fraher filed.
Jan. 19, 2016 Petitioner's Notice of Taking Corporate Deposition of Respondent Pursuant to Riule 1.310(b)(6), Fla. R. Cov. Proc., filed.
Jan. 19, 2016 Petitioner's Notice of Taking Deposition of Benjamin Pridgeon filed.
Dec. 03, 2015 Petitioner's Notice of Taking Corporate Deposition of Respondent Pursuant tp Rule 1.310(b)(6) Fla.R.Civ.Proc. filed.
Dec. 03, 2015 Petitioner's Notice of Taking Deposition of Benjamin Pridgeon Deposition filed.
Dec. 02, 2015 Petitioner's Notice of Cancellation of Deposition of Respondent filed.
Dec. 01, 2015 Petitioner's Notice of Taking Deposition of Benjamin Pridgeon filed.
Dec. 01, 2015 Petitioner's Notice of Taking Corporate Deposition of Respondent Pursuant to Rule 1.310(b)(6) Fla.R.Civ.Proc. filed.
Nov. 25, 2015 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 28, 2016; 9:00 a.m.; Lauderdale Lakes, FL).
Nov. 23, 2015 CASE STATUS: Pre-Hearing Conference Held.
Nov. 23, 2015 Notice of Appearance (James McAuley) filed.
Nov. 20, 2015 Notice of Telephonic Pre-hearing Conference (set for November 23, 2015; 1:30 p.m.).
Nov. 17, 2015 Agreement to Continue Final Hearing Date filed.
Nov. 17, 2015 Notice of Appearance (William Stafford) filed.
Nov. 17, 2015 Notice of Appearance (Blaine Winship) filed.
Nov. 13, 2015 Order of Consolidation (DOAH Case Nos. 15-6108RU, 15-6148RU).
Nov. 06, 2015 Petitioner's First Requests for Admission with Interlocking Requests for Production filed.
Nov. 06, 2015 Petitioner's First Requests for Production filed.
Nov. 06, 2015 Petitioner's Notice of Service of Interogatories to Respondent filed.
Nov. 06, 2015 Petitioner's Motion for Consolidation filed.
Nov. 02, 2015 Notice of Hearing (hearing set for November 24, 2015; 9:00 a.m.; Tallahassee, FL).
Nov. 02, 2015 Order of Pre-hearing Instructions.
Oct. 29, 2015 Order of Assignment.
Oct. 28, 2015 Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
Oct. 28, 2015 Petition to Determine Invalidity of Agency Statements filed.

Orders for Case No: 15-006108RU
Issue Date Document Summary
Dec. 16, 2016 Mandate
Oct. 20, 2016 Opinion
Mar. 03, 2016 DOAH Final Order The Department's statement of general applicability must be adopted as a rule. Petitioners are entitled to fees.
Source:  Florida - Division of Administrative Hearings
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