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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ELECTRICAL CONTRACTOR'S LICENSING BOARD vs TONY P. FINNO, 19-000938PL (2019)

Court: Division of Administrative Hearings, Florida Number: 19-000938PL Visitors: 44
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, ELECTRICAL CONTRACTOR'S LICENSING BOARD
Respondent: TONY P. FINNO
Judges: DARREN A. SCHWARTZ
Agency: Department of Business and Professional Regulation
Locations: Lauderdale Lakes, Florida
Filed: Feb. 20, 2019
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, April 17, 2019.

Latest Update: Dec. 23, 2024
FILED Department of Business and Professional Regulation Deputy Agency Clerk STATE OF FLORIDA CLERK Brandon Nichols ELECTRICAL CONTRACTORS’ LICENSING BOARD Date = 12/8/2017 File # 2017-09430 DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, vs. Case No.: 2016-010632 License No.: EC 13002831 TONY P. FINNO, ; : EXHIBIT Respondent. i \ : / FINAL ORDER This matter appeared before the Electrical Contractors’ Licensing Board (Board) at a dite rosie iit meson on November 16, 2017, in Orlando, Florida, for a hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes. Petitioner has filed an Administrative Complaint seeking disciplinary action against the licensee. A copy of the Administrative Complaint is attached to and made a part of this Final Order. Upon receipt of the Administrative Complaint, Respondent submitted an election of rights form upon which he requested a hearing involving disputed issues of material fact. The original Election of Rights form submitted did not specify the material facts in the Administrative Complaint that Respondent disputed. Petitioner notified Respondent of the failure to specify the material facts in dispute and allowed him: the opportunity to amend his request for hearing involving issues of material fact. Respondent submitted a letter in which he provided mitigating circumstances but no specification on the material facts in dispute. Petitioner was represented by Ramsay D. Revell, Assistant General Counsel. Respondent was neither present nor represented by. counsel. After review of Respondent’s letter, the Board found that Respondent failed to dispute. any material facts contained in the Administrative Complaint’ and found, therefore, that there were no facts in dispute. Based on that finding, the Board proceeded with a hearing not involving disputed issues of material fact. FINDINGS OF FACT 1. The allegations of fact set forth in the Administrative Complaint are approved, adopted, and incorporated herein by reference as the findings of fact by the Board. 2. There is competent, substantial evidence to support the Board’s findings and conclusions. CONCLUSIONS OF LAW AS The conclusions of law alleged and set forth in the Administrative Complaint are approved and adopted’ and: incorporated herein by reference as the conclusions of law of the Board. 4. The violation set forth in the Administrative Complaint warrants disciplinary action by the Board. 5. Based upon the Findings of Fact, the Board concludes that the licensee violated Section 489.533(1)(j), Florida Statutes, by performing any act which assists a person or entity in engaging in the prohibited uncertified or unregistered practice of contracting. 6. The Board reviewed Respondent’s letter citing mitigating circumstances prior to voting on the penalty to be i 7. The Board is ‘empowered by Section 489.533(2) and/or 455.227(2), Florida 2 Statutes (2017), to impose a penalty against Respondent. THEREFORE, IT IS ORDERED AND ADJUDGED: 8. Revocation. Respondent’s certified electrical contractor license, number EC 13002831, is hereby revoked. This Final Order shall become effective upon filing with the Clerk for the Department of Business and Professional Regulation: DONE AND ORDERED this day of 2017. ELECTRICAL CONTRACTORS' LICENSING BOARD ~ , Wore Ruthanne Christie, Executive Director Sor David Botknecht, Chair NOTICE OF RIGHT OF 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 Florida appellate district where the party resides. The notice of appeal must be filed within thirty (30) days of the filing date of the order - to be reviewed. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified US mail to: Tony Finno, 6103 NW 15" Street, Margate, Florida 33063 and by Assistant General Counsel, electronic mail to: Ramsey D. Revell, Ramsey.Revell@myfloridalicense.com; and Deborah B. Loucks, Assistant Attorney General, id Office of the Attorney General, deborah.loucks@myfloridalegal.com, on December 3 2017. U.S. Postal Service... CERTIFIED MAIL... RECEIPT (Domestic Mail Only; No instrance Coverage Provided) For delivery inform e al www.usps.com fe ormation p: y al www.usps.co 700b 2150 oo04 a243 744 TONY FINNO = 6103 NW 15™ STREET es #8 MARGATE, FLORIDA 33063.

Docket for Case No: 19-000938PL
Issue Date Proceedings
Apr. 18, 2019 Transmittal letter from Claudia Llado forwarding the Department's Proposed Exhibits to the agency.
Apr. 18, 2019 Transmittal letter from Claudia Llado forwarding Respondent's Exhibits to the agency.
Apr. 17, 2019 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Apr. 17, 2019 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 16, 2019 Petitioner's Motion to Relinquish Jurisdiction filed.
Apr. 10, 2019 Petitioner's Proposed Exhibit #3, Confidential filed (exhibits not available for viewing).
Apr. 10, 2019 Petitioner's Proposed Exhibit List filed (exhibits not available for viewing).
Apr. 10, 2019 Notice of Filing Petitioner's Proposed Exhibit List filed.
Apr. 10, 2019 Notice of Appearance (Conrado Gomez) filed.
Apr. 09, 2019 Petitioner's Exhibit List filed.
Apr. 09, 2019 Petitioner's Witness List filed.
Apr. 04, 2019 Notice of Court Reporter filed.
Mar. 01, 2019 Amended Order of Pre-hearing Instructions.
Mar. 01, 2019 Order Granting Motion to Withdraw as Counsel for Respondent.
Mar. 01, 2019 Motion to Withdraw as Counsel for Respondent filed.
Mar. 01, 2019 Order of Pre-hearing Instructions.
Mar. 01, 2019 Notice of Hearing by Video Teleconference (hearing set for April 18, 2019; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Mar. 01, 2019 Petitioner's Unilateral Response to the Initial Order filed.
Feb. 22, 2019 Initial Order.
Feb. 20, 2019 Notice of Appeal filed.
Feb. 20, 2019 Motion to Stay Pending Appeal filed.
Feb. 20, 2019 Order Denying Stay filed.
Feb. 20, 2019 Affidavit in Support of Motion to Reopen File and Vacate Final Order for Lack of Due Process filed.
Feb. 20, 2019 Motion to Reopen File and Vacate Final Order for Lack of Due Process filed.
Feb. 20, 2019 Administrative Complaint filed.
Feb. 20, 2019 Final Order filed.
Feb. 20, 2019 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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