Other Judicial Opinions 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 Rules 9.110 and 9.190, Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the Department of Business and Professional Regulation, Attn: Ronda L. Bryan, Agency Clerk, 1940 North Monroe Street, Suite 92, Tallahassee, Florida 32399-2202 and a second copy, accompanied by the 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 rendition of the order to be reviewed. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Certified U.S. Mail to Oasis Cafe at Key Biscayne, c/o Carlos Flores, 19 Harbor Drive, Miami, Florida 33149; by regular U.S. Mail to the Honorable Darren A. Schwartz, Administrative Law Judge, Division of Administrative Hearings, 1230 Apalachee Parkway, Tallahassee, Florida 32399- 3060; and by hand delivery to Marc Drexler, Chief Attorney, Division of Hotels and Restaurants, Department of Business and Professional Regulations, 1940 North Monroe Styeet, Tallahassee, Florida 32399-2202, this |@¥day of Yezember , 2013. msn For the Division of Hotels and Restaurants 7196 4008 G11) 4516 1240 | SENDERS, RECORD
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that (1) Respondent repay Petitioner $24,787 in grant funds improperly expended, and (2) Respondent attempt to return its unused greenhouse to the seller for refund and that Petitioner thereafter determine the disposition of the proceeds; if such efforts are unsuccessful, the costs should be allowed. DONE and ENTERED this 6th day of May, 1982, in Tallahassee, Florida. DONALD R. ALEXANDER Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 6th day of May, 1982.
Findings Of Fact The Respondent is an agency of the State of Florida. The Respondent has adopted a "Departmental Forms Index", which, if it ultimately becomes effective, would be codified into Chapter 10-2.80, Florida Administrative Code. The proposed rule purports to set out a list of all forms used by the Respondent in its dealings with the public. By its terms, the rule will not be published in the Florida Administrative Code. Instead, the index would be referenced in the Code as follows: The Departmental Forms Index is hereby incorporated by this rule and made a part of the rules of the Department. Copies of this document and any amendments thereto are available at no more than cost pursuant to the Florida Administrative Code 10-2 and may be obtained from the Office of Assistant Secretary for Administrative Services. The complete Departmental Forms Index would thus not appear in the Florida Administrative Coda. Copies of the index could be obtained from the Department by request at a cost of ten cents per page. The Index would not otherwise be available to members of the public, and no general distribution of the proposed rule will be made. The Petitioner, Norma Richardson, is a recipient of benefits under the "Aid to Families with Dependent Children" program and the food stamp program. Both of these programs are administered by the Respondent. Forms are routinely used in the Respondent's dealings with the Petitioner Richardson. Forms are utilized to advise her of any action intended by the Respondent, to solicit information, to apply for further benefits, and for many other purposes. As a recipient of benefits under the programs, the Petitioner Richardson has an interest in having the Forms Index available to her. If the Forms Index were published in the Florida Administrative Code she could obtain access to it at various libraries. If the Index is published by reference, obtaining access to it would be more difficult, and, could cost her ten cents per page. The Petitioner Florida Project Directors Association is an association composed of the directors of legal services programs in Florida. The Association has represented its members in this proceeding. The Association, and its members, are subscribers to the Florida Administrative Code. The Association's members represent many persons in connection with welfare disputes with the Respondent. The Departmental Forms Index contains forms which the Association's members would need to utilize in representing its clients. If the Index were published in the Florida Administrative Code, the Association's members would have the Index available to it, and any amendments to the Index would regularly be distributed. If the Index is published only by reference, the Associations members would need to purchase copies from the Respondent, and would not regularly receive amendments without making specific requests therefor and paying for them. It is not a matter of mere speculation that the Association's members will be representing clients who have disputes with the Respondent. One of the Association's members, Legal Services of Greater Miami, Inc., employs forty lawyers and several paralegals, and has represented welfare recipients in many cases.
The Issue Whether Petitioner is entitled to costs and reasonable attorney’s fees pursuant to section 106.265(6), Florida Statutes (2016),1/ and Florida Administrative Code Rule 2B-1.0045.
Findings Of Fact Linda Yates is an elected member of the city commission for North Port, Florida. Ms. Yates was first elected to the North Port city commission in 2010, and was re-elected to the same office in 2014. On August 22, 2016, Kathy Schure, who at all times relevant hereto was a resident of the City of North Port, filed a Complaint with the Elections Commission alleging, in material part, the following: Sunshine Law and Ethics Violations by City of North Port Commissioner Linda M. Yates covering the period June 1, 2012 to July 20, 2016. * * * This writing is to bring a formal complaint and a request for investigation into illegal and unethical activity of Commissioner Linda M. Yates through the use [of] personal email servers, Tor Browsers, relay internet list servers, and intermediaries to knowingly violate FL 286 – Open Meetings Law and FL 119 – Florida Public Records Law. Additionally, Commissioner Jacqueline Moore appears to have participated in “secret meetings and communications” with Commissioner Yates as recipient of emails and texts directly and through intermediaries. On the complaint form, Ms. Schure identified Ms. Yates as a “candidate” for the city commission for the City of North Port. Although Ms. Yates was a member of the city commission on August 22, 2016, she was not a candidate for this office as noted by Ms. Schure in the Complaint. The complaint form used by Ms. Schure to assert her allegations against Ms. Yates directs the complainant (Ms. Schure) to “[p]lease list the provisions The Florida Elections Code that you believe the person named above may have violated [and that] [t]he Commission has jurisdiction only to investigation [sic] . . . Chapter 104, Chapter 106, and Section 105.071, Florida Statutes.” The Complaint filed by Ms. Schure makes no reference to chapter 104, chapter 106 or section 105.071. The Complaint does, however, reference chapters 286 and 119, Florida Statutes, and case law dealing with Florida’s open government laws.2/ By correspondence dated August 25, 2016, the Elections Commission informed Ms. Yates that Ms. Schure filed a complaint against her and that she had “14 days after receipt of the complaint to file an initial response,” and that the Elections Commission would “not determine the legal sufficiency of the complaint” until expiration of the referenced 14-day response period. On August 28, 2016, Ms. Yates hired Douglas A. Daniels, Esquire, an attorney in good standing with The Florida Bar, to represent her before the Elections Commission. Mr. Daniels charged Ms. Yates $400.00 per hour for work related to the Complaint filed by Ms. Schure. By correspondence dated October 20, 2016, the Elections Commission informed Ms. Schure of the following: The Florida Elections Commission has received your complaint alleging violations of Florida’s election laws. I have reviewed your complaint and find it to be legally insufficient. This complaint was received by the Florida Elections Commission on August 22, 2016. The cover page, which was an FEC complaint form, named Linda Yates as the Respondent. Attached to the complaint form was [a] second complaint form indicating a different Respondent (Jacqueline Moore), as well as a narrative of the allegations against Ms. Yates. You did not indicate anywhere in the documents that you intended to file two complaints, so the Commission accepted the entire document as a complaint against Respondent Linda Yates. The essential allegations of your complaint are that Respondent violated Florida’s open meetings and public records laws, Chapter 286 and 119, Florida Statutes, respectively. The jurisdiction of the Florida Elections Commission is limited to alleged violations of Chapter 104 and 106, Florida Statutes. As such, I find your complaint to be legally insufficient. If you have additional information to correct the stated grounds(s) of insufficiency, please submit it within 14 days of the date of this letter. If we do not receive additional information that corrects the stated grounds of insufficiency, this case will be closed. For your convenience, enclosed is a form for your use in submitting additional information. If you submit an additional statement containing facts, you must sign the statement and have your signature notarized. In addition, any additional facts you submit to the Commission must be based on either personal information or information other than hearsay. Ms. Schure offered no additional information in support of her allegations and the Elections Commission, by correspondence dated December 30, 2016, informed Ms. Yates that the Complaint was dismissed due to legal insufficiency.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Elections Commission enter a final order denying the Petition for Costs and Attorney’s Fees. DONE AND ENTERED this 7th day of August, 2017, in Tallahassee, Leon County, Florida. S LINZIE F. BOGAN 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 7th day of August, 2017.
