Findings Of Fact On or about March 17, 1994, Petitioner, T-B Services, Inc., filed an application for certification as a minority business enterprise with the Florida Department of Management Services. The Respondent, the State of Florida Commission on Minority Economic and Business Development, has subsequently been assigned responsibility for this matter. On May 3, 1994, Petitioner's application was denied. Petitioner's application was denied based upon Respondent's conclusion that Petitioner did not satisfy Sections 288.703(2) and 287.0942(1), Florida Statues, and rules governing minority business enterprises of the Department of Management Services. Mr. Anthony D. Nelson is the minority, 100 percent, owner of Petitioner. Mr. Nelson is an African-American. The business of Petitioner, fire protection consulting, and fabrication and installation services, requires the association of an individual holding a professional license to perform those services. There are two professional license holders associated with Petitioner. Neither of the professional license holders are members of any minority. Mr. Nelson does not hold a professional license necessary for the Petitioner to provide fire protection consulting, or fabrication and installation services.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by Respondent dismissing the Petition for Formal Hearing filed by T-B Services Group, Inc., and denying Petitioner's application for minority business enterprise certification. DONE AND ENTERED this 26th day of May, 1995, in Tallahassee Florida. LARRY J. SARTIN, 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 26th day of May, 1995. COPIES FURNISHED: Cindy A. Laquidara, Esquire Suite 1629, Riverplace Tower 1301 Riverplace Boulevard Jacksonville, Florida 32207 Kenneth W. Williams Assistant Attorney General Office of the Attorney General PL-01, The Capitol Tallahassee, Florida 32399-1050 Crandall Jones Commission on Minority Economic and Business Development Executive Administrator Knight Building 272 Centerview Drive Tallahassee, Florida 32399-0950
Findings Of Fact By letter dated January 26, 1989, Respondent denied Petitioner's application for certification as a Disadvantaged Business Enterprise on the grounds that its majority owner does not meet the requirements of a socially and economically disadvantaged individual. Dariush Ghaffarpour is the sole shareholder of Petitioner. Mr. Ghaffarpour, who is almost 22 years old, came to the United States with his parents in 1977. The family came from Iran, which they had had to leave as a result of serious unrest in the country. Mr. Ghaffarpour's parents were born in Iran, which adjoins Pakistan. They spoke the predominant language of Iran. Mr. Ghaffarpour currently has no family in Pakistan. However, his grandparents were Pakistanis, who left the country for Iran prior to the birth of their child, who is Mr. Ghaffarpour's parent. The grandparents, who are no longer living, spoke Pishtu, which is the national language of Pakistan. Mr. Ghaffarpour has never lived in Pakistan. His only visit there was for about two weeks. He does not speak Pishtu. Mr. Ghaffarpour does not belong to any Pakistani social groups. He is a member of a loose-knit group of Asian Americans, but this group is not geared toward persons from Pakistan or Iran. In applying for permission to immigrate to the United States, Mr. Ghaffarpour's family stated that their nationality was "Iran."
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Department of Transportation enter a Final Order denying Petitioner's application for certification as a Disadvantaged Business Enterprise. DONE and ENTERED this 30th day of June, 1989, in Tallahassee, Florida. ROBERT E. MEALE 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 30th day of June, 1989. COPIES FURNISHED: Dariush Ghaffarpour, pro se Sun State Land Development, Inc. 2014 South Dean Road Orlando, Florida 32825 Ruth B. Dillard Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458 Kaye N. Henderson, Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0450 Thomas H. Bateman, III General Counsel Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458
The Issue This issue in this case is whether the Petitioner's application for certification as a Minority Business Enterprise should be approved.
Findings Of Fact On or about November 17, 1994, Northwest Engineering, Inc., (Petitioner) submitted an application for certification as a Minority Business Enterprise (MBE) to the Florida Commission on Minority Economic & Business Development (Respondent). The application was signed by the Petitioner's president, Gerald Silva. According to the application, the Petitioner is of Portuguese heritage. The Petitioner's mother was born in the Azores. By letter of April 5, 1995, the Respondent advised the Petitioner that it was not eligible for MBE certification. The letter stated that the Azores were not within the geographical restrictions set forth by Florida Statutes. Official notice is taken that the Azores are a group of Portuguese islands lying in the Atlantic Ocean approximately 740 miles west of southern Portugal. The Azores are not part of Mexico, South America, Central America, or the Caribbean. Accordingly, persons with origins in the Azores do not fall within the statutory definition of Hispanic Americans for purposes of certification as a Minority Business Enterprise. The evidence fails to establish that the Petitioner is entitled to certification as a Minority Business Enterprise.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Florida Commission on Minority Economic & Business Development enter a Final Order denying the application of Northwest Engineering, Inc., for certification as a Minority Business Enterprise. DONE and ORDERED this 8th day of September, 1995, in Tallahassee, Florida. WILLIAM F. QUATTLEBAUM 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 8th day of September, 1995. APPENDIX TO RECOMMENDED ORDER, CASE NO. 95-2056 To comply with the requirements of Section 120.59(2), Florida Statutes, the following constitute rulings on proposed findings of facts submitted by the parties. Respondent The Respondent's proposed findings of fact are accepted as modified and incorporated in the Recommended Order except as follows: 3,5. Rejected, immaterial. COPIES FURNISHED: Crandall Jones, Executive Administrator Collins Bldg., Suite 201 107 West Gaines St. Tallahassee, FL 32399-2005 Gerald Silva 8409 Sunstate Street Tampa, Florida 33634 Joseph L. Shields, Esquire 107 West Gaines Street, Suite 201 Tallahassee, Florida 32399-2005
The Issue Whether Petitioner should be granted certification as a Minority Business Enterprise.
Findings Of Fact Petitioner, Dora Industries, Inc. (Dora Industries), was started in 1989 by Sandra Roth (Roth), an American woman. Roth owns all of the company. Initially, Dora Industries bought janitorial and maintenance products from other companies and sold the products as a distributor. Roth graduated from Hunter College with a degree in graphic arts. From 1979 to 1985, she worked for Union Carbide in North Carolina doing research for the chemical division. She was later placed in charge of dealing with third world countries on ways to use chemicals in agriculture. In 1986, Roth went to work for Gold Coast Chemical Corporation (Gold Coast Corporation), which was owned by Eli Finkleberg. Her role at Gold Coast Corporation included doing the paperwork necessary for registering the chemicals manufactured by Gold Coast Corporations with the appropriate regulatory agency. In 1989, Roth formed Dora Industries and married Eli Finkleberg. Dora Industries purchased some of its products from Gold Coast Corporation. Due to ill health, Eli Finkleberg put Gold Coast Corporation up for sale in 1993. The company was advertised for sale in trade magazines. Using funds which Roth had acquired from the dissolution of a previous marriage, she purchased the manufacturing operations of Gold Coast Corporation in 1993. The purchase price was $96,000, which consisted of $47,091 in cash and the remainder in the assumption and payment of certain leases and contracts. In addition, Roth agreed to renegotiate the lease of the real property on which Gold Coast Corporation was housed to include the costs of clean up for hazardous materials which were found in the ground underneath the Gold Coast Corporation warehouse. The landlord attributed the presence of the hazardous materials to Gold Coast Corporation. The estimated cost of the clean up was not to exceed $200,000. The inventory of Gold Coast Corporation was not included in the sale. However, the inventory remained in the warehouse previously occupied by Gold Coast Corporation and was handled for Gold Coast Corporation by Dora Industries d/b/a Gold Coast Chemical Products (Gold Coast Products). After the inventory was sold Gold Coast Corporation no longer sold any products and has not actively sold chemicals for the last two years. Currently Dora Industries is manufacturing chemical cleaning products, distributing its own products and the products of other companies, and exporting products. Eli Finkleberg is the treasurer and a salaried employee of Dora Industries. His responsibilities include interviewing applicants for sales positions, running the sales division of the company, overseeing the sales manager, and supervising the office staff. His annual salary is approximately $35,000. Due to his poor health, he works between four and six hours a day. Jerome Berman is the general manager in charge of operations for Dora Industries. Mr. Berman owned and ran a chemical company for 23 years prior to coming to work for Dora Industries. His responsibilities include ordering all materials and supplies used in the production of and resale of industrial supplies, hiring and firing of all warehouse and distribution personnel, complying with governmental regulations, bidding, and supervising the warehouse and productions. Mr. Berman's annual salary is $57,000. Both Mr. Berman and Mr. Finkleberg have the authority to sign checks on the Dora Industries account. Mr. Berman's authority is limited to $5,000. Roth is responsible for making major purchases for the business such as a telephone system which she recently acquired. Roth employs a chemist who is responsible for the formulas used in the manufacture of the chemical products. This is the third chemist which Roth has employed since she started Dora Industries. Some of the formulas are given to Dora Industries by the suppliers of the raw materials, and some formulas are developed by the chemist. Roth does not have the expertise to develop formulas but she does have the expertise to manufacture a batch of products using a formula. Each day Roth discusses the sales and operations with Mr. Finkleberg and Mr. Berman, respectively. In the hiring of sales personnel, Roth meets the applicants which have been interviewed by Mr. Finkleberg and makes the final decision on who to hire. Roth has delegated the hiring of the hourly wage personnel in the warehouse to Mr. Berman. According to Berman, he advises Roth who he intends to hire in case she should have an objection. Mr. Berman has to report the reasons that he fires personnel to Roth. Roth did the bidding for the company before Mr. Berman was hired. Mr. Berman follows a set formula of cost plus a percentage of profit in the bidding process and requests permission from Roth before making any significant deviations from the formula. Eli Finkleberg owns Trout and Associates, which is a telemarketing firm selling cleaning chemicals to companies outside of Florida. Trout and Associates has one full-time employee and one part-time employee. The full-time employee is housed in an office in the building occupied by Dora Industries. Trout and Associates buys some of its products from Dora Industries for resale.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered granting Petitioner certification as a minority business enterprise. DONE AND ENTERED this 10th day of October, 1996, in Tallahassee, Leon County, Florida. SUSAN B. KIRKLAND Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 SUNCOM 278-9675 Fax Filing (904) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 10th day of October, 1996. COPIES FURNISHED: Lorenzo Ramunno, Esquire 1882 North University Drive Plantation, Florida 33322 Joseph L. Shields, Senior Attorney Office of the General Counsel Department of Labor and Employment Security, Division of Minority Business Advocacy and Assistance Office 2012 Capital Circle, Southeast Hartman Building, Suite 307 Tallahassee, Florida 32399-2189 Douglas L. Jamerson, Secretary Department of Labor and Employment Security 2012 Capital Circle Southeast 303 Hartman Building Tallahassee, Florida 32399-2152 Edward A. Dion, General Counsel Department of Labor and Employment Security 2012 Capital Circle Southeast 303 Hartman Building Tallahassee, Florida 32399-2152
Findings Of Fact Respondent is the governmental agency responsible for certifying persons as minority business enterprises. Petitioner applied for certification as a minority business enterprise. Petitioner is a minority business enterprise within the meaning of Section 288.703(2), Florida Statutes. 1/ Petitioner is a small business concern, domiciled in Florida, and organized to engage in commercial transactions. Petitioner is a Florida corporation wholly owned by Ms. Sandra A. Pichney, vice president, and by Mr. D.B. Young, president. Petitioner engages in the roof consulting business. Ms. Pichney owns 51 percent of Petitioner's outstanding stock. Ms. Pichney is a member of a minority group for purposes of Chapter 288. The remaining 49 percent of Petitioner's outstanding stock is owned by Mr. Young. Mr. Young is a licensed architect. No professional license is required for Petitioner to engage in the business of roof consulting. Petitioner has all of the occupational licenses required to engage in the commercial transactions required to conduct its business. Ms. Pichney has 16 years experience in the roof consulting business. Ms. Pichney controls the daily management and operations of Petitioner's business. Ms. Pichney: manages and operates the office; and is responsible for payroll, accounts receivable, and general financial matters. Ms. Pichney conducts field visits, estimates jobs, reviews projects, and rewrites specifications. Ms. Pichney is the person who signs checks for Petitioner in the ordinary course of Petitioner's trade or business. Mr. Young is authorized to sign checks but only signs checks in emergencies. Ms. Pichney hires and fires personnel. Ms. Pichney consults with Mr. Young, but the ultimate responsibility is born by Ms. Pichney. Ms. Pichney reviews specifications and design work for specific projects and makes amendments where appropriate. Original specifications and design work are prepared by Mr. Young and other personnel. Mr. Young, and other personnel, can be terminated by Ms. Pichney without cause. Mr. Young can be terminated as an employee at any time by Ms. Pichney, without cause. Mr. Young has no employment agreement or shareholder agreement with the company. The board of directors are comprised of Ms. Pichney and Mr. Young. Any director may be dismissed by a majority of the shareholders. As the majority shareholder, Ms. Pichney can terminate Mr. Young, as a director, without cause. Ms. Pichney and Mr. Young receive salaries and monthly draws. Although salaries are equal, monthly draws and dividends are distributed in proportion to the stock ownership of each shareholder. Ms. Pichney has exclusive use of the company car. Ms. Pichney's stock ownership has increased over the last two years because Mr. Young has been unable to attend to the demands of Petitioner's business due to Mr. Young's divorce. Ms. Pichney has properly reported the increase in stock ownership, for purposes of the federal income tax, and has, and will, pay the requisite income tax on her increased stock ownership. Ms. Pichney and Mr. Young consult with each other in making significant decisions in the ordinary course of Petitioner's business. However, the ultimate responsibility for those decisions is born by Ms. Pichney.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner enter a Final Order granting Petitioner's application for certification as a minority business enterprise. RECOMMENDED this 22nd day of July, 1995, in Tallahassee, Florida. DANIEL MANRY 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 22nd day of July, 1995.
The Issue Whether the Petitioner is entitled to certification as a minority business enterprise by the Florida Department of Labor and Employment Security, Minority Business Advocacy and Assistance Office (formerly known as the Commission on Minority Economic and Business Development).
Findings Of Fact Aqua Terra, Inc., is a corporation that was organized under the laws of Florida. Aqua Terra is a small business as that term is defined by Section 288.703(1), Florida Statutes. 1/ The work of the corporation requires expertise in geology and in environmental science. The work of the corporation also requires the services of an engineer for certain projects. Isidro Duque owns 51 percent of the stock of Aqua Terra. Mr. Duque is of Hispanic-American descent and is, consequently, a member of a recognized minority group. Richard Meyers owns 49 percent of the stock of Aqua Terra. Mr. Meyers is not a member of a minority group. Mr. Duque founded Aqua Terra on April 23, 1993. Mr. Duque and Mr. Meyers were coworkers at another company before Mr. Duque founded Aqua Terra. Mr. Duque was the sole shareholder and only officer of the corporation until March, 1994, when Mr. Meyers formally joined the company. When Mr. Meyers joined Aqua Terra in March, 1994, the parties negotiated the structure of the corporation. They agreed that Mr. Duque would retain 51 percent of the authorized stock of the corporation and that Mr. Meyers would be issued the remaining 49 percent. Mr. Duque was named the President, Treasurer, and a Director of the corporation. Mr. Meyers was named the Vice- President, Secretary, and a Director of the corporation. The Board of Directors consists of only these two directors. According to the bylaws of the corporation, all corporate powers are to be exercised under the authority of, and the business and affairs of the corporation shall be managed under the direction of, its board of directors. A majority vote of the board of directors is required. Mr. Duque is a professional geologist while Mr. Meyers is an environmental scientist. They both direct projects undertaken by the corporation and share the overall responsibility for such projects. Mr. Duque is primarily responsible for those aspects of a project that require expertise in geology. Mr. Meyers is primarily responsible for those aspects of a project that require expertise in environmental science. The corporation retains the services of a consulting engineer for projects that require certification by an engineer. The engineer the corporation uses for this purpose is not a member of a minority group. Both Mr. Duque and Mr. Meyers have the authority to transact any and all business on behalf of the corporation, including the signing of checks and bank drafts. Mr. Meyers and Mr. Duque actively participate in the daily operation of the corporation. Mr. Duque manages the business development activities of the corporation. Mr. Meyers manages the financial concerns of the corporation and is primarily responsible for purchasing. Mr. Meyers and Mr. Duque assert that Mr. Duque, as the 51 percent shareholder, retains the right to overturn any decision made by Mr. Meyers and that he retains ultimate authority to control the corporation. That right was not established since the existing authority to manage the corporation is, pursuant to the bylaws, vested in the Board of Directors. The managerial functions actually performed by both stockholders are essential to the operation of the company, and one was not established to be more important than the other. Petitioner failed to establish that Mr. Duque exercises dominate control of the affairs of the business.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent enter a final order that denies Petitioner's application for certification as a minority business enterprise. DONE AND ENTERED this 27th day of August, 1996, in Tallahassee, Leon County, Florida. CLAUDE B. ARRINGTON, 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 27th day of August, 1996.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is RECOMMENDED that the application of JEDI Enterprises, Inc., for certification as a minority business enterprise be APPROVED. DONE and ENTERED this 27th day of August, 1984, 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 27th day of August, 1984. COPIES FURNISHED: Paul A. Pappas, Secretary Department of Transportation Haydon Burns Bldg. Tallahassee, Florida 32301 Thomas G. Brown, Esquire Florida National Bank Bldg. 301 First Street West Palm Beach, Florida 33401 Mark A. Linsky, Esquire Haydon Burns Bldg., M.S. 58 Tallahassee, Florida 32301-8064
The Issue Whether Gwenda J. Haas-Amey has control of the management and daily operations of Barton S. Amey Company, Inc.?
Findings Of Fact The Petitioner, Barton S. Amey Company, Inc., began operating in November, 1983. The Petitioner is a Florida corporation. The primary business of the Petitioner is the construction and renovation of commercial buildings. Gwenda J. Haas-Amey and Barton S. Amey are the only stockholders of the Petitioner. Dr. Haas-Amey and Mr. Amey are husband and wife. Mr. Amey holds a bachelor's degree and master's degree in building construction. Mr. Amey holds a class-A contractor's license from the State of Florida. He is the qualifying agent of the Petitioner. Mr. Amey has over 10 years of experience in construction prior to the formation of the Petitioner. Dr. Haas-Amey holds a B.S. degree, a master's degree and a doctorate degree in early childhood education. Dr. Haas-Amey has taken 30 hours of courses in administration at the doctorate level. Dr. Haas-Amey is not licensed in construction and has no direct work experience in construction prior to 1983. Dr. Haas-Amey and Mr. Amey are directors of the Petitioner. They have been the only directors of the corporation. Mr. Amey is the president of the Petitioner. Mr. Amey has always been the president of the Petitioner. Dr. Haas-Amey is the secretary/treasurer of the Petitioner. Dr. Haas- Amey has always been the secretary/treasurer of the Petitioner. From November, 1983, until approximately April 1986, Dr. Haas-Amey and Mr. Amey each owned 50 percent of the stock of the Petitioner. In approximately April, 1986, Dr. Haas-Amey and Mr. Amey decided that Dr. Haas-Amey would own 60 percent of the stock of the Petitioner and Mr. Amey would own 40 percent of the stock of the Petitioner. Dr. Haas-Amey first testified that she decided how the stock would be owned. Dr. Haas-Amey later testified that the decision as to the ownership of the stock was made by the directors of the Petitioner. No evidence was presented to explain how 10 percent of the stock of the Petitioner was transferred from Mr. Amey to Dr. Haas-Amey, i.e., gift, sale, exchange, corporate reorganization, redemption. Also in April of 1986, the directors appointed Dr. Haas-Amey as chief executive officer of the Petitioner. No evidence was presented to explain what the legal duties or powers of the chief executive officer of the Petitioner are, i.e., by-laws, articles of incorporation, minutes of directors' meetings. Dr. Haas-Amey did testify that the president reports to the chief executive officer. In June of 1986 the request for certification as a minority business enterprise was filed by Dr. Haas-Amey. The request is based upon Dr. Haas- Amey's minority status as a woman and her ownership of more than 51 percent of the stock of the Petitioner. In the request for certification there was no indication that Dr. Haas-Amey is the chief executive officer of the Petitioner. It is only indicated that she is the secretary of the Petitioner. Section VI(1) of the request for certification includes the following request: Minority owners Possess Control over the Management and Daily Operation of the Business Identify the person(s) responsible for the day to day management and operation of the company. List the major responsibilities for each person after their name. In response to Section VI(1) of the request, the following answer was given: Dr. Gwenda J. Haas-Amey - public relations, marketing, personnel, bidding review Barton S. Amey - estimating, bidding/negotiations, production. Either Dr. Haas-Amey or Mr. Amey can sign checks on the Petitioner's accounts. Both have signed checks. Dr. Haas-Amey signs most of the checks. The Petitioner does not own much equipment. Dr. Haas-Amey has purchased a copier and a warehouse for the Petitioner. She is also purchasing a dump-lift truck for the Petitioner. Dr. Haas-Amey's knowledge of the construction business has been obtained as a result of her marriage to Mr. Amey for the past 9 and a half years and 3 and a half years working for the Petitioner. Dr. Haas-Amey's knowledge of business has been obtained in part from her experience as the manager of two day-care centers. The Petitioner's business has grown since Dr. Haas-Amey became more active in the business. Dr. Haas-Amey works full-time for the Petitioner and has no other full-time employment. Mr. Amey is the technical construction expert of the Petitioner. Prior to April, 1986, Mr. Amey made the construction decisions and Dr. Haas-Amey made the management decisions for the Petitioner. After April, 1986, Mr. Amey still makes many of the construction decisions. Although Mr. Amey testified that generally Dr. Haas-Amey does not consult with him or vice versa, the weight of the evidence proves that they do consult with each other. When questioned about specific instances, Mr. Amey testified that they consulted. Dr. Haas-Amey and Mr. Amey consult with other persons working for the Petitioner, including the secretaries, sub-contractors, laborers and field supervisors. Dr. Haas-Amey and Mr. Amey spend about the same amount of time in the Petitioner's office and in the field. The vast majority of their time is spent in the office. The Petitioner's office is located in Dr. Haas-Amey's and Mr. Amey's residence. Dr. Haas-Amey owns the residence. Mr. Amey is a co-signor of the mortgage on the residence. Dr. Haas-Amey and Mr. Amey review daily progress reports from the field and verify whether progress payments should be made. Since the 60-40 split of the stock of the Petitioner, Dr. Haas-Amey has signed contracts on behalf of the Petitioner. Prior to the split of stock, Mr. Amey signed, as president of the Petitioner, sub-contractor agreements and owner/contractor agreements on behalf of the Petitioner. Dr. Haas-Amey reviews requests for bids, looks at competitors and decides whether to submit a bid. Mr. Amey estimates the cost of projects to be bid on. Dr. Haas-Amey reviews Mr. Amey's cost estimates and can make adjustments. Dr. Haas-Amey then submits the bid and conducts any negotiations. Dr. Haas-Amey negotiates with sub-contractors and decides who to hire and fire. The Petitioner has two part-time secretaries. They do the typing for the Petitioner. Dr. Haas-Amey and Mr. Amey interviewed persons applying for the secretarial positions. Dr. Haas-Amey made the ultimate decision on who was hired. Mr. Amey testified that a Mr. Hicks was hired as a field supervisor by the Petitioner. Dr. Haas-Amey and Mr. Amey interviewed Mr. Hicks and the other applicants. Mr. Amey testified that Dr. Haas-Amey made the ultimate decision to hire Mr. Hicks. The problem with this testimony is that Mr. Hicks was hired in August of 1985. This was before the stock of the Petitioner was held 60-40 and before Dr. Haas-Amey was elected as the chief executive officer of the Petitioner. At that time the stock was owned 50-50 and Mr. Amey was the president of the Petitioner. The evidence did not prove that Dr. Haas-Amey controls the purchase of goods, equipment, business inventory or services, the financial affairs of the Petitioner or the Petitioner's business accounts or that she has the authority to hire and fire. The Board of Directors of the Petitioner controls (has the power or right to act) the purchase of goods, equipment, business inventory and services, the financial affiars of the Petitioner and the Petitioner's business accounts, and has the authority to hire and fire. Dr. Haas-Amey and Mr. Amey are members of the Board of Directors of the Petitioner. Although Dr. Haas-Amey has been making some of the decisions concerning these corporate functions, she has done so as one of two directors of the Petitioner. A single director does not have the authority to make decisions on behalf of the entire Board of Directors. Therefore, her decisions have been made either with the tacit approval of the other director of the Petitioner, Mr. Amey, or her decisions were invalidly made because they were not made with the approval of both directors of the Petitioner. Dr. Haas-Amey has knowledge of the finanical structure of the Petitioner. Dr. Haas-Amey has the capability, knowledge and experience necessary to make some decisions with regard to commercial construction. The evidence did not prove that Dr. Haas-Amey has displayed independence and initiative in conducting all major aspects of the Petitioner's business.
Recommendation Based upon on the foregoing Findings of Fact and Conclusions of law, it is RECOMMENDED that the Petitioner's request for certification as a minority business enterprise be denied. DONE and RECOMMENDED this 5th day of March, 1987, in Tallahassee, Florida. LARRY J. SARTIN Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of March, 1987. APPENDIX TO RECOMMENDED ORDER, CASE NO. 87-3954 The parties have submitted proposed findings of fact. It has been noted below which proposed findings of fact have been generally accepted and the paragraph number(s) in the Recommended Order where they have been accepted. Those proposed findings of fact which have been rejected and the reason for their rejection have also been noted. Paragraph numbers in the Recommended Order are referred to as "RO ." Petitioner's Proposed Findings of Fact: Proposed Finding RO Number of Acceptance or of Fact Number Reason for Rejection 1 Not supported by the weight of the evidence. See RO 41. 2 RO 24. 3 Not supported by the weight of the evidence. See RO 41. 4 RO 37, 39 and 40. Dr. Haas-Amey does have knowledge of the financial structure of the Petitioner (see RO 42) but the weight of the evidence does not support a finding of fact that she controls the financial affairs of the Petitioner. Not supported by the weight of the evidence. See RO 23 and 41. 7 RO 23. 8 9, 10 and 12 Hereby accepted. These proposed findings of fact are too 11 broad. See RO 43. RO 9. 13 RO 29. 14 RO 36 15 RO 37. 16 17 Not supported by evidence. RO 17. the weight of the 18-19 RO 28. 20 RO 38. 21 Irrelevant. 22 Not supported by evidence. the weight of the Respondent's Proposed Findings of Fact: 1 RO 3-4 and 15. 2 RO 2. 3 RO 3 and 14. 4 RO 5-7. 5 RO 8 and 10. 6 RD 11. 7 RO 12-13. 8 RO 15 and 17. 9 RO 19-20. 10 RO 21-22. 11 Hereby accepted. 12 RO 30-31. 13 RO 23. 14 15 RO 33. The home/office is not by Dr. Haas-Amey and Mr. Amey. RO 36. "owned" 16-17 RO 35. COPIES FURNISHED: Ronald W. Thomas Executive Director Department of General Services Room 133, Larson Building Tallahassee, Florida 32399-0950 Sandar E. Allen, Esquire Office of General Counsel Department of General Services Room 452, Larson Building Tallahassee, Florida 32301 Lee L. Haas, Esquire Baxter, Rinard and Winters, P.A. Post Office Drawer 2636 Clearwater, Florida 33517
The Issue The primary issue for determination is whether Petitioner should be granted certification as a Minority Business Enterprise (MBE). Determination of this issue requires resolution of other issues: Namely, whether Respondent's business qualifies as a Minority Business Enterprise (MBE) as defined by provisions of Section 288.703(2), Florida Statutes; and whether Respondent is a minority person as defined by provisions of Section 288.703 (3)(b), Florida Statutes.
Findings Of Fact Alfredo Ramos is the sole owner of the janitorial business known as "A Cleaning Crew." Ramos was born in Rio Hondo, Texas, on August 9, 1938, to Martin and Ada Salazor Ramos. Ramos' birth certificate, issued at that time denoting his race as white, was amended on May 21, 1992, to reflect that his color or race was Hispanic. Ramos' father was born in Texas. Ramos' mother was born in Oklahoma. There is no independent or verifiable knowledge of where any of Ramos' grandparents were born. All are now deceased. By letter dated June 5, 1992, Respondent denied Ramos' application seeking to have "A Cleaning Crew" certified as a MBE. The basis for denial recited in the letter was that the business did not meet the requirements of Section 288.703(2), Florida Statutes, in that Ramos, as sole proprietor, was unable to establish his status as a minority person within the definitional requirements of applicable Florida Statutes and administrative rules.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that a Final Order be entered denying Petitioner's application for certification as a Minority Business Enterprise. DONE AND ENTERED this 14th day of October, 1992, in Tallahassee, Leon County, Florida. DON W.DAVIS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Fl 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 14th day of October, 1992. APPENDIX The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on findings of fact submitted by the parties. Petitioner's Proposed Findings. No findings were submitted. Respondent's Proposed Findings. 1.-5. Accepted. COPIES FURNISHED: Alfredo Ramos d/b/a A Cleaning Crew P.O. Box 10293 Jacksonville, Florida 32207 Augustus D. Aikens, Esquire Deputy General Counsel Department of Management Services Suite 309, Knight Building Koger Executive Center 2737 Centerview Drive Tallahassee, Florida 32399-0950 Larry Strong, Acting Secretary Department of Management Services Suite 307, Knight Building Koger Executive Center 2737 Centerview Drive Tallahassee, Florida 32399-0950 Susan Kirkland, Esquire General Counsel Department of Management Services Suite 110, Knight Building Koger Executive Center 2737 Centerview Drive Tallahassee, Florida 32399-0950
The Issue The issue in the case is whether the Petitioner’s certification as a Minority Business Enterprise (MBE) should be granted.
Findings Of Fact Locker Services, Inc., is a business owned by Kimberly Gates and her husband, James Gates. Kimberly Gates is a Caucasian female. There is no evidence that James Gates is within a protected classification under the minority business enterprise certification program. Kimberly Gates is the president of the corporation and owns 60 percent of the stock. James Gates is the vice-president of the corporation and owns the remaining 40 percent of the stock. The bylaws on record for Locker Service, Inc., establish that the Board of Directors directs the corporation’s business affairs. The Board of Directors consists of Kimberly Gates and James Gates. According to the by-laws, both Mrs. and Mr. Gates manage the business. Both Kimberly Gates and James Gates are authorized to sign checks on the corporate checking account. A General Indemnity Agreement underwrites the corporation’s bonding requirements. James Gates is a signatory on the agreement and is personally liable as an Indemnitor.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is recommended that the Florida Department of Labor and Employment Security enter a final order denying the Petitioner’s application for certification as a minority business enterprise. DONE AND ENTERED this 27th day of March, 2000, in Tallahassee, Leon County, Florida. WILLIAM F. QUATTLEBAUM Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of March, 2000. COPIES FURNISHED: Kimberly Gates, President Locker Service, Inc. 2303 Bayshore Drive Belleair Beach, Florida 33786 Joseph L. Shields, Esquire Department of Labor and Employment Security 2012 Capital Circle, Southeast Hartman Building, Suite 307 Tallahassee, Florida 32399-2189 Sheri Wilkes-Cape, General Counsel Department of Labor and Employment Security Hartman Building, Suite 307 2012 Capital Circle, Southeast Tallahassee, Florida 32399-2152 Mary Hooks, Secretary Department of Labor and Employment Security Hartman Building, Suite 303 2012 Capital Circle, Southeast Tallahassee, Florida 32399-2152
