The Issue Whether Respondent had violated Section 479.07(1), Florida statutes, in that no permits were secured for subject sign for the years 1973, 1974 and 1975.
Findings Of Fact No permits were applied for or secured.
Findings Of Fact 13. The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on February 11, 2009, the Amended Order of Penalty Assessment issued on March 5, 2009, the 2"4 Amended Order of Penalty Assessment issued on March 11, 2009 and the 3 Amended Order of Penalty Assessment issued on October 30, 2009, which are fully incorporated herein by reference, are hereby adopted as the Department’s Findings of Fact in this case.
Conclusions THIS PROCEEDING came on for final agency action and Alex Sink, Chief F inancial Officer of the State of Florida, or her designee, having considered the record in this case, including the Stop- Work Order and Order of Penalty Assessment and the Amended Orders of Penalty Assessment served in Division of Workers’ Compensation Case No. 09-036-D1, and being otherwise fully advised in the premises, hereby finds that: 1. On February 11, 2009, the Department of Financial Services, Division of Workers’ Compensation (hereinafter “Department”) issued a Stop-Work Order and Order of Penalty Assessment in Division of Workers’ Compensation Case No. 09-036-D1 to BEST WELDING AND FABRICATION, INC. 2. On February 11, 2009, the Stop-Work Order and Order of Penalty Assessment was served by personal service on BEST WELDING AND FABRICATION, INC. A copy of the Stop-Work Order and Order of Penalty Assessment is attached hereto as “Exhibit A” and incorporated herein by reference. 3. On March 5, 2009, the Department issued an Amended Order of Penalty Assessment in Case No. 09-036-D1 to BEST WELDING AND FABRICATION, INC. The Amended Order of Penalty Assessment assessed a total penalty of $196,980.30 against BEST WELDING AND FABRICATION, INC. 4. On March 16, 2009, the Amended Order of Penalty Assessment was served by certified mail on BEST WELDING AND FABRICATION, INC. A copy of the Amended Order of Penalty Assessment is attached hereto as “Exhibit B” and incorporated herein by reference. 5. On March 11, 2009, the Department issued a 2°4 Amended Order of Penalty Assessment in Case No. 09-036-D1 to BEST WELDING AND FABRICATION, INC. The an Amended Order of Penalty Assessment assessed a total penalty of $50,968.94 against BEST WELDING AND FABRICATION, INC. . 6. On March 26, 2009, the 2°4 Amended Order of Penalty Assessment was served by certified mail on BEST WELDING AND FABRICATION, INC. A copy of the 2"! Amended Order of Penalty Assessment is attached hereto as “Exhibit C” and incorporated herein by reference. 7. The Employer requested a formal hearing on April 6, 2009. A copy of the Request for Hearing is attached hereto as “Exhibit D” and incorporated herein by reference. 8. On April 21, 2009, the request for formal hearing was forwarded to the Division of Administrative Hearings for assignment of an Administrative Law Judge. The matter was assigned to Administrative Law Judge Barbara Staros and given case number 09-2138. 9. On October 30, 2009, the Department issued a 3rd Amended Order of Penalty Assessment in Case No. 09-036-D1 to BEST WELDING AND FABRICATION, INC. The 3rd Amended Order of Penalty Assessment assessed a total penalty of $10,179.61 against BEST WELDING AND FABRICATION, INC. 10. On October 30, 2009, the 3™ Amended Order of Penalty Assessment was served on legal counsel for BEST WELDING AND FABRICATION, INC. A copy of the 3" Amended Order of Penalty Assessment is attached hereto as “Exhibit E” and incorporated herein by reference. 11. On November 9, 2009, BEST WELDING AND FABRICATION, INC. filed a Notice of Voluntary Dismissal. A copy of the Notice of Voluntary Dismissal is attached hereto as “Exhibit F” and incorporated herein by reference. 12. On November 12, 2009, an Order Closing File was entered. The Order Closing File relinquished jurisdiction to the Department. A copy of the Order Closing File is attached hereto as “Exhibit G” and incorporated herein by reference.
The Issue ISSUES: Whether Respondent had violated Section 479.07(1), Florida statutes, in that no permits were secured for subject sign for the years 1974 and 1975.
The Issue The issue presented is whether Respondent is guilty of the allegations in the Amended Administrative Complaint filed against him, and, if so, what disciplinary action should be taken against him, if any.
Findings Of Fact At all times material hereto, Respondent has been licensed as a restricted barber and operating under the name of Miracles in Motion, located in Tampa, Florida. On May 9, 2006, the Department issued a Uniform Disciplinary Citation against Respondent in case numbered 2006030590 in the amount of $400. The fine, due to be paid by July 9, has not been paid. On October 13, 2006, the Department issued a Uniform Disciplinary Citation against Respondent in case numbered 2006058259 in the amount of $250. The fine, due to be paid by December 24, has not been paid. Also on October 13, 2006, the Department issued a Uniform Disciplinary Citation against Respondent in case numbered 2006058271 in the amount of $250. The fine, due to be paid by December 24, has not been paid. On October 24, 2006, the Department issued a Uniform Disciplinary Citation against Respondent in case numbered 2006063364 in the amount of $400. The fine, due to be paid by December 24, has not been paid. Respondent did not dispute the facts contained in these four Citations. Under the terms of the Citations, they, therefore, automatically became final orders 30 days after they were issued. Since Respondent has not paid those fines, he fails to be in compliance with four final orders of the Department. The total amount of fines not paid by Respondent pursuant to the four Citations involved in this proceeding is $1,300.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Respondent is not guilty of violating Section 476.204(1)(i), Florida Statutes, and dismissing the Amended Administrative Complaint filed against him. DONE AND ENTERED this 11th day of May, 2009, in Tallahassee, Leon County, Florida. S LINDA M. RIGOT 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 11th day of May, 2009. COPIES FURNISHED: Robyn Barineau, Executive Director Barbers' Board Department of Business and Professional Regulation 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 Ned Luczynski, General Counsel Department of Business and Professional Regulation 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 Philip F. Monte, Esquire Department of Business and Professional Regulation 1940 North Monroe Street, Suite 42 Tallahassee, Florida 32399-2202 Elvis O'Neil Crooks 7117 Wrenwood Circle Tampa, Florida 33617
Findings Of Fact On November 7, 1994, Officer Borras stopped a vehicle owned and operated by the Petitioner, Dade Towing and Transportation. At such time the vehicle was being driven by an individual identified as Feliciano Villapando, Jr., and the route of the vehicle placed it on Weston Road in Broward County, Florida. Officer Borras weighed the vehicle on four scales in accordance with his Department training, and calculated the total gross vehicle weight at 157,700 pounds. Officer Borras determined that the vehicle was 77,700 pounds over its statutory weight maximum and issued a citation which assessed a penalty in the amount of $3,885.00. Petitioner's employees were present during the weighing procedure. The scales used to weigh the vehicle were certified as accurate by the Florida Department of Agriculture pursuant to a biannual inspection. No objection to the weighing procedure or the gross weight calculation of the vehicle has been raised by Petitioner.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Department of Transportation enter a final order denying Petitioner's request for a refund of the assessed penalty. DONE AND ENTERED this 12th day of January, 1996, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 12th day of January, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-1950 Rulings on the proposed findings of fact submitted by Petitioner: 1. None submitted. Rulings on the proposed findings of fact submitted by the Respondent: 1. Paragraphs 1 through 5 are accepted. COPIES FURNISHED: Murray M. Wadsworth, Jr. Assistant General Counsel Department of Transportation 605 Suwannee Street, Mail Station 58 Tallahassee, Florida 32399-0458 Cindy S. Price Assistant General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street, Mail Station 58 Tallahassee, Florida 32399 Carl Bundy Transportation Manager Dade Towing and Transportation 7320 Northwest 70th Street Miami, Florida 33166 Ben G. Watts, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Thornton J. Williams General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, Florida 32399
The Issue The central issue in this case is whether the Respondent committed the violation alleged in the corrected administrative complaint; and, if so, what penalty should be imposed.
Findings Of Fact The Respondent, Charles Harry Kent, is a licensed physician in the State of Florida, license no. ME 0037235. The Petitioner is the state agency charged with the responsibility of regulating and disciplining licensed physicians. In connection with a prior disciplinary case against this Respondent the Agency issued a final order placing the Respondent on two years probation and requiring Respondent to pay an administrative fine in the amount of $2,000.00. Such fine was to be paid not later than March 5, 1995. As of March 28, 1996, the Respondent had not paid the administrative fine nor had he provided any explanation for the failure to timely remit payment. Efforts to notify the Respondent regarding the unpaid fine were unanswered by the Respondent. Ultimately, the administrative complaint in this case was filed against the Respondent and notice of the non-payment provided by way of allegations set forth in paragraphs 6 through 12. On October 3, 1995, the Respondent executed an election of rights which disputed the allegations and listed his address as 3605 Juan Ortiz Circle, Fort Pierce, Florida 34947. Attempts to personally contact this Respondent by an Agency investigator proved fruitless. Respondent has not responded to mail addressed to his address of record.
Recommendation Based on the foregoing, it is, hereby, RECOMMENDED: That the Agency for Health Care Administration, Board of Medicine, enter a final order suspending Respondent's medical license until such time as the administrative fine at issue in this cause is paid in full; imposing an additional fine in the amount of $5,000.00; and extending Respondent's period of probation by an additional two years. DONE AND ENTERED this 16th day of May, 1996, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of May, 1996. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-5535 Rulings on the proposed findings of fact submitted by Petitioner: 1. Paragraphs 1 through 10 are accepted. Rulings on the proposed findings of fact submitted by Respondent: 1. None submitted. COPIES FURNISHED: Albert Peacock Senior Attorney Agency for Health Care Administration 1940 North Monroe Street Suite 60 Tallahassee, Florida 32399-0792 Charles Harry Kent, M.D. Post Office Box 2478 Fort Pierce, Florida 34947 Dr. Marm Harris Executive Director Agency for Health Care Administration, Board of Medicine Division of Medical Quality Assurance Boards 1940 North Monroe Street Tallahassee, Florida 32399-0342
Conclusions 479.17 and Section 479.10, Florida Statutes, inasmuch as the failure to secure permits is for the years 1972-1975. RECOMMENDED ORDER: Dismiss petition inasmuch as Respondent has removed subject sign. DELPHENE STRICKLAND Hearing Examiner Date: 5/14/75
Findings Of Fact 16. The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on September 17, 2008, the Amended Order of Penalty Assessment issued on December 17, 2008, and the 1 Amended Order of Penalty Assessment issued on June 3, 2009, attached as “Exhibit A”, “Exhibit B”, and “Exhibit D”, respectively, and fully incorporated herein by reference, are hereby adopted as the Department’s Findings of Fact in this case.
Conclusions THIS PROCEEDING came on for final agency action and Alex Sink, Chief Financial Officer of the State of Florida, or her designee, having considered the record in this case, including the request for administrative hearing received from SHAWN GODSEY MASONRY, INC., the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, and the 1 Amended Order of Penalty Assessment, and being otherwise fully advised in the premises, hereby finds that: 1. On September 17, 2008, the Department of Financial Services, Division of Workers’ Compensation (hereinafter “Department”) issued a Stop-Work Order and Order of Penalty Assessment in Division of Workers’ Compensation Case No. 08-251-D1 to SHAWN GODSEY MASONRY, INC. The Stop-Work Order and Order of Penalty Assessment included a Notice of Rights wherein SHAWN GODSEY MASONRY, INC. was advised that any request for an administrative proceeding to challenge or contest the Stop-Work Order and Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Stop- Work Order and Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes, and must conform to Rule 28-106.2015, Florida Administrative Code. 2. On November 22, 2008, the Stop-Work Order and Order of Penalty Assessment was served on SHAWN GODSEY MASONRY, INC. by process server. A copy of the Stop- Work Order and Order of Penalty Assessment is attached hereto as “Exhibit A” and incorporated herein by reference. 3. On December 17, 2008, the Department issued an Amended Order of Penalty Assessment to SHAWN GODSEY MASONRY, INC. The Amended Order of Penalty Assessment assessed a total penalty of $79,200.93 against SHAWN GODSEY MASONRY, INC. The Amended Order of Penalty Assessment included a Notice of Rights wherein SHAWN GODSEY MASONRY, INC. was advised that any request for an administrative proceeding to challenge or contest the Amended Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes, and must conform to Rule 28-106.2015, Florida Administrative Code. 4. On April 25, 2009, the Amended Order of Penalty Assessment was served on SHAWN GODSEY MASONRY, INC. by process server. A copy of the Amended Order of Penalty Assessment is attached hereto as “Exhibit B” and incorporated herein by reference. 5. On May 28, 2009, SHAWN GODSEY MASONRY, INC. filed a petition for administrative review (“Petition”) with the Department. A copy of the Petition is attached hereto as “Exhibit C”. 6. SHAWN GODSEY MASONRY, INC.’s Petition was received by the Department 33 days from the date of service of the Amended Order of Penalty Assessment, was the only Petition filed in this matter, and gave no explanation as to why the Petition was filed beyond the 21 day time period. However, the Department failed to enter a Final Order Denying Petition as Untimely. Consequently, SHAWN GODSEY MASONRY, INC. was never advised that its Petition was untimely. 7. On June 3, 2009, the Department issued a 1 Amended Order of Penalty Assessment to SHAWN GODSEY MASONRY, INC. The 1 Amended Order of Penalty Assessment lowered the penalty assessed against SHAWN GODSEY MASONRY, INC. to $39,897.93. The 1 Amended Order of Penalty Assessment included a Notice of Rights wherein SHAWN GODSEY MASONRY, INC. was advised that any request for an administrative proceeding to challenge or contest the 1 Amended Order of Penalty Assessment must be filed within twenty-one (21) days of receipt of the 1 Amended Order of Penalty Assessment in accordance with Sections 120.569 and 120.57, Florida Statutes, and must conform to Rule 28- 106.2015, Florida Administrative Code. 8. On June 10, 2009, the 1 Amended Order of Penalty Assessment was served on SHAWN GODSEY MASONRY, INC. by certified mail. A copy of the 1 Amended Order of Penalty Assessment is attached hereto as “Exhibit D” and incorporated herein by reference. 9. SHAWN GODSEY MASONRY, INC. failed to answer the 1 Amended Order of Penalty Assessment or request a proceeding in accordance with Sections 120.569 and 120.57, Florida Statutes. 10. On November 23, 2009, the Department filed a Final Order upholding the Stop- Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, and the 1 Amended Order of Penalty Assessment, under the mistaken belief that SHAWN GODSEY MASONRY, INC. had not filed any petition requesting an administrative proceeding in response to the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, or the 1 Amended Order of Penalty Assessment. 11. Subsequent to the filing of the Final Order in Division of Workers’ Compensation Case No. 08-251-D1, the Department became aware that SHAWN GODSEY MASONRY, INC.’s May 28, 2009 Petition had not been properly dismissed. As a result, the Department applied the doctrine of equitable tolling, pursuant to Rule 28-106.111(4), Florida Administrative Cade, to excuse the untimely filing of SHAWN GODSEY MASONRY, INC.’s May 28, 2009 Petition. 12. On February 18, 2010, the Department filed an Order Rescinding Final Order in Division of Workers’ Compensation Case No. 08-251-D1. 13. On April 2, 2010, SHAWN GODSEY MASONRY, INC.’s Petition was forwarded to the Division of Administrative Hearings, and the matter was assigned DOAH Case No. 10-1798. 14. On July 7, 2010, Shawn Godsey, representative of SHAWN GODSEY MASONRY, INC., informed the Department that SHAWN GODSEY MASONRY, INC. did not wish to proceed to an administrative hearing in DOAH Case No. 10-1798. 15. On July 8, 2010, the Department filed a Joint Motion to Relinquish Jurisdiction with the Division of Administrative Hearings. As a result, Administrative Law Judge Linda M. Rigot entered an Order Closing File, relinquishing jurisdiction of this matter to the Department. A copy of the Order Closing File is attached hereto as “Exhibit E”.
