Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are found: At all times material hereto, Respondent was a certified pool contractor, holding license no. CP-C033753, issued by the State of Florida, Department of Professional Regulation, Construction Industry Licensing Board. At all times material hereto, Respondent's certified pool contractor's license qualified Artistic Pools and Spas, Inc. with the Florida Construction Industry Licensing Board. On or about May 19, 1986, Respondent, d/b/a Artistic Pools and Spas, Inc. entered into a contract with Joseph and Joyce Malinoski for the construction of a swimming pool at 31 Sea Harbour Drive, Ormond Beach, Florida for a contract price of $9,737.75. The contract required a down payment of ten per cent (10 percent) of the contract amount ($973.78) which was paid by the Malinoskis on May 19, 1986. The Malinoskis resided in Massachusetts at the time they contracted for the swimming pool with Respondent and had contracted for the construction of a home in Ormond Beach, Florida to begin upon the pool shell being in place. The Malinsokis returned to Massachusetts upon execution of the contract expecting Respondent to commence work on the pool two weeks after he was notified by the builder that the survey was completed and the benchmark in place. On or before June 18, 1986, Respondent contacted the Malinoskis by phone to advise them that the pool was under construction, that Respondent was ready to start pouring concrete, and that he needed the next two (2) installments (20 percent due on day of excavation and 35 percent due on day of concrete shell installation) in the amount of $5,355.76. On or about June 18, 1986, the Malinoskis forwarded a cashier's check in the amount of $5,355.76 made payable to Respondent with the understanding from Respondent that the pool was under construction. On or about June 25, 1986, the Malinoskis were advised by their building contractor that the pool was not under construction. On or about July 5, 1986, the Malinoskis returned to Ormond Beach and found that the pool was not under construction. Although the business phone at Artistic Pools and Spas, Inc. had been disconnected, the Malinoskis ultimately located the Respondent but were unable to resolve the problem until after a complaint had been filed. In early August, 1986, an agreement was reached with the Malinoskis, Respondent and David Larsen whereby Respondent would furnish the labor to build the pool, Larsen would pay the bills and the Malinoskis would pay the balance owed on the contract to Larsen and at end of construction Larsen would give the Malinoskis release of liens. The pool was constructed without the Malinoskis having to pay any additional money on the contract. The money used by Larsen to purchase materials above the amount paid to Larsen by the Malinoskis was repaid to Larsen by Respondent. Respondent supplied all the labor to construct the pool. The testimony of Respondent, which I find credible, was that the funds received by Respondent were frozen due to an Internal Revenue Service levy on the Respondent's business account which resulted in the IRS taking all the funds in the bank account, including the money from the Malinoskis. There was insufficient evidence to show that Respondent diverted the Malinoskis' funds or that the Respondent was unable to fulfill the terms of the contract. On or about November 15, 1985 Respondent, d/b/a Artistic Pools and Spas, Inc. contracted with John and Louise McGowan for the construction of a swimming pool and spa at 1266 Robbin Drive, Port Orange, Florida for an original contract price of $11,500. These were 2 addendums to the original contract bringing the total contract price to $13,005.75. The contract provided for the spa to be 7 feet long by 5 feet wide with a depth ranging from 18 inches to 36 inches. As constructed, the spa was 5 feet long by 5 feet wide with a depth of 44 inches. The spa was also unlevel resulting in water spilling on to the deck rather than into the spillway to the pool. The therapy jets were located too deep in the spa to allow them to function properly. The spa has never been operational. Respondent was aware of the deficiencies in the construction of the spa but failed to correct them. The deck around the pool was not properly finished in that it is uneven and rough in several locations and is pitched toward the pool rather than away from the pool. The deck also has several facial cracks (not structural) which indicate a nonuniform thickness. As contracted, the pool was to have 3 return fittings of which only 2 were installed. The contract called for the installation of a heater by the Respondent. Although the heater was installed, it was improperly placed resulting in the inspector putting a "red tag" on the heater and having the gas company disconnect it. The McGowans have paid all but $575 of the contract price but refuse to pay the balance until corrections are completed. Respondent was aware of the deficiencies in the construction of the pool but failed to correct them. The evidence is clear that Respondent failed to properly supervise the construction of the McGowans' pool and spa, thereby resulting in poor workmanship in the construction of the pool and spa.
Recommendation Having considered the foregoing Findings of Fact, Conclusions of Law, the evidence of record and the candor and demeanor of the witnesses, it is, therefore RECOMMENDED that the Florida Construction Industry Licensing Board (Board) enter a final order finding Respondent guilty of violating Section 489.129(1)(j) and (m), Florida Statutes and for such violation it is Recommended that the Board assess the respondent with an administrative fine of $500.00 and suspend the Respondent's pool contracting license for a period of two (2) years, stay the suspension, and place Respondent on probation for a period of two (2) years, provided the Respondent pays the administrative fine of $500.00 within sixty days of the date of the Final Order. It is further Recommended that the charges of violating Section 489.129(1)(h) and (k), Florida Statutes be DISMISSED. Respectfully submitted and entered this 17th day of September, 1987, in Tallahassee, Leon County, Florida. WILLIAM R. CAVE 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 17th day of September, 1987.
The Issue Whether the Petitioner is entitled to the award of Bid Number 2002024C as the lowest responsive bidder.
Recommendation Based on the foregoing, it is RECOMMENDED that the Department enter a Final Order dismissing the bid protest filed by the Petitioner regarding Bid Number 2002024C. DONE AND ENTERED this 10th day of April, 2002, in Tallahassee, Leon County, Florida. ___________________________________ J. D. PARRISH 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 10th day of April, 2002. COPIES FURNISHED: Carlton E. Oaks, President Aqua-Terra, Inc. of Martin County Post Office Box 2104 Hobe Sound, Florida 33475-2104 Marshall G. Wiseheart, Esquire Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 35 Tallahassee, Florida 32399-3900 Kathy C. Carter, Agency Clerk Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 35 Tallahassee, Florida 32399-3000 Teri L. Donaldson, General Counsel Department of Environmental Protection 3900 Commonwealth Boulevard Mail Station 35 Tallahassee, Florida 32399-3000
Findings Of Fact Upon consideration of the oral and documentary evidence adduced at the hearing, the following relevant facts are made: At all times material to this proceeding, Respondent Wilmon Ray Stevenson was licensed as a registered building contractor in the state of Florida, holding license numbers RB 0035005 and RB A035005. License number RB 0035005 was issued on an active status qualifying an Individual in March 1987 and is still in effect. License number RB 0035005 replaced license number RR 0035005 issued in December, 1980. License number RB A035005 was issued on an active status qualifying Yankee Construction, Inc. d/b/a Olympic Homes of Citrus County (Olympic) in June 1987 and replacing license number RR A035005 issued in August 1981. In October, 1988 Respondent submitted a change of status application which was not acted upon by Petitioner until February, 1989 when it was deleted. However, Petitioner's file (Petitioner's Exhibit 1, page 2) indicates the license was in effect only until October, 1988. The Marion County Building Department was advised of this status change in September, 1988. Findings As To Case No. 90-1637 On April 16, 1988, Frank and Margaret Orkwis entered into a contract with Olympic to construct a home for $37,900 which was later modified, increasing the contract price to $39,363.00. On July 26, 1988 a permit for the Orkwis job was obtained from the Marion County Building Department in accordance with the Respondent's letter dated January 25, 1985 authorizing certain individuals to "pull" permits on his license. There was a total of $27,583.20 paid to Olympic on the Orkwis contract which included $27,483.20 paid by draw schedules and $100.00 as a down payment. Olympic stopped work on the Orkwis home sometime around November 27, 1988 and failed to complete the work under the contract. Olympic gave no notice to Orkwis that it intended to terminate the work on the Orkwis job. In fact, Olympic kept putting Mrs. Orkwis off about completing the job until sometime in late January, 1989 or early February, 1989 when she decided to get a permit and complete construction. Olympic terminated the Orkwis job without just cause. The following liens were recorded against the Orkwis property for the failure of Olympic to timely pay for materials and labor furnished to Olympic for the Orkwis's job in accordance with Orkwis contract: (a) Florida A/C Sales and Services, Inc., filed December 13, 1988 and; (b) Florida Forest Products, Inc. filed December 15, 1988. The labor and materials had been furnished between October 24, 1988 and November 22, 1988. Olympic was contacted by Mrs. Orkwis concerning the liens, with no response. However there was insufficient evidence to establish that the liens had not been removed from the property, by payment or bond, within 30 days after the date of such liens. Sometime in early 1989, Mrs. Orkwis obtained a permit and she and her husband completed the home. Although Mr. Orkwis had obtained an estimate of $27,050.00 from a contractor to complete the home, she and her husband invested 466.5 hours of their time and $10,340.00 for materials to complete the home. In addition to the material, a reasonable amount for labor to complete the home would be $10,000.00. Findings As To Case No. 90-1889 John J. and Josephine Grillo and Madeline Chapman entered into a contract with Olympic for construction of a home on June 11, 1987. A permit was obtained for the Grillo/Chapman home under Respondent's license. The Grillo/Chapman home was completed and a certificate of occupancy issued January 13, 1989. Olympic was paid in full under the contract. Before the expiration of the one-year warranty under the contract, Olympic was advised of certain problems with the construction which Olympic attempted to correct. It is unclear whether the problems were satisfactorily corrected by Olympic but it appears that the only complaint not resolved was a water stain on the carpet that was the result of water seeping in under a door. Respondent was not aware of these problems until after the expiration of the one-year warranty and upon learning of the problems, commented that he was not obligated since the warranty had expired. There was insufficient evidence to establish that the problems were not corrected in accordance with contract. Findings As To Case No. 90-1890 Veronica McPherson entered into a contract with Olympic on March 1, 1989 to construct a home for the contract price of $36,450.00 which was later modified increasing the contract price to $37,775.00. All permits were obtained under the Respondent's license pursuant to a letter dated January 15, 1985 authorizing certain individuals to "pull" permits under Respondent's license. McPherson paid $26,442.50 to Olympic pursuant to a draw schedule in the contract as the home was being constructed. Additionally, McPherson paid a $100.00 down payment. All work performed by Olympic pursuant to the McPherson contract was prior to November 22, 1988. The exact date of termination of work is uncertain. Olympic notified McPherson that it had terminated work and would not complete construction of the home. The exact date of this notification is uncertain. There is no evidence that notice was not given within 90 after termination of work. Olympic terminated work without just cause. McPherson paid a roofing contractor $998.00 to complete the roof on her unfinished home in order to protect the interior. McPherson was financially unable to complete construction of the home. A reasonable estimate to complete construction of the McPherson home at the time work ceased would be $20,000.00. On December 15, 1988 Florida Forest Products, Inc. recorded a lien on December 15, 1988 against the McPherson property for building materials furnished to the McPherson job on order of Olympic on October 24, 1988 for construction of the home pursuant to the McPherson contract in the amount of $1,450.08. There was insufficient evidence to establish that this lien had not been removed from the McPherson property, by payment or bond, within 30 days after the date of such lien. There were three other claims of liens for labor and materials furnished to the McPherson job on order of Olympic between October 19, 1988 and December 2, 1988 for construction for the home pursuant to the McPherson contract as follows: (a) Florida A/C Sales and Services, Inc. dated December 8, 1988 for $1,059.00; (b) Masons Concrete of Crystal River dated December 14, 1988 for $354.97 and (c) Panning Lumber Company, a Division of Wheeler Consolidated, Inc. for $2,284.13. There is no evidence that any of the above liens were ever recorded against the McPherson property. Likewise, there is no evidence to establish that these liens had not been removed from the McPherson property, by payment or bond, within 30 days after the date of such lien, if in fact they were recorded. General Findings Respondent was advised by Larry Vitt in February, 1988 that Olympic was having financial problems. Respondent never supervised the financial aspects of Olympic. Respondent did not participate in the contract process or supervision of the construction of homes contracted to be built by Olympic. More specifically, he did not participate in the contract process or the supervision of the construction of the Orkwis, McPherson or Grillo/Chapman homes. Respondent's main purpose in being involved with Olympic was to use his license to qualify Olympic and to contract all of Olympic's concrete block work. In March, 1989 Respondent advised the Marion County Building Department that no one was authorized to "pull" permits under his license. However, at no time did Respondent withdraw the permits for the Orkwis and McPherson jobs that had been issued under his license. The record is clear that Respondent did not understand his relationship with Olympic nor did he understand the responsibility he incurred when he used his license to qualify Olympic. However, his inexperience or ignorance in this regard does not relieve him of his responsibility to those whose homes were built or not completely built pursuant to a permit issued under his license.
Recommendation Having considered the foregoing Findings of Facts and Conclusions of Law, the evidence of record, the demeanor of the witnesses and the disciplinary guidelines set out in Chapter 21E-17, Florida Administrative Code, it is RECOMMENDED: That the Board enter a final order finding Respondent guilty of violating Section 489.129(1)(k) and (m), Florida Statutes, and for such violations it is Recommended that the Board assess the Respondent with an administrative fine of $2,500.00. It is further Recommended that Counts I and II for the Administrative Complaint in Case Nos. 90-1637, 90-1889, and 90-1890 be Dismissed. DONE and ORDERED this 24th day of October, 1990, in Tallahassee, Florida. WILLIAM R. CAVE 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 24th day of October, 1990. APPENDIX TO RECOMMENDED ORDER IN CASE NO. 90-1637 The following constitute my specific rulings pursuant to Section 120.59(20, Florida Statutes, on all of the proposed findings of fact submitted by the parties in this case. Rulings of Proposed Findings of Fact Submitted by the Petitioner 1. Covered in Conclusions of Law. 2.-8. Adopted in Findings of Fact 1, 2, and 3. 4.-6. Adopted in Findings of Fact 15, 16, and 17, respectively. 7. Adopted in Findings of Fact 19 and 20, but modified. 8.-12. Adopted in Findings of Fact 18, 4, 5, 6, and 8, respectively. 13.-14. Adopted in Findings of Fact 9 and 10, respectively, but modified. Adopted in Findings of Fact 21 through 25. Restatement of testimony; not stated as a Finding of Fact but see Findings of Fact 10 and 14. Adopted in Findings of Fact 13 through 15. Adopted in Findings of Fact 16, but modified. Rulings of Proposed Findings of Fact Submitted by Respondent 1. Covered in Preliminary Statement. 2.-8. Adopted in Findings of Fact 1, 2, 3, 3, 15, 15, and 16, respectively. 9. Adopted in Findings of Fact 19 and 20. 10.-11. Adopted in Findings of Fact 18 but modified. Adopted in Finding of Fact 4. Adopted in Findings of Fact 4 and 6. Adopted in Finding of Fact 5. Adopted in Findings of Fact 8 and 9. 16.-20. Adopted in Findings of Fact 7, 7, 11, 13 and 14, respectively, but modified. Not material. Adopted in Finding of Fact 3, but modified. Not material. Copies furnished to: Fred Seely, Executive Director Construction Industry Licensing Board Post Office Box 2 Jacksonville, FL 32202 Kenneth E. Easley, General Counsel Department of Professional Regulation 1940 North Monroe Street Tallahassee, FL 32399-0792 G. W. Harrell, Esquire Department of Professional Regulation 1940 North Monroe Street Suite 60 Tallahassee, FL 32399-0792 Fred A. Ohlinger, Esquire P.O. Box 1007 Beverly Hills, FL 32665
Findings Of Fact At all times pertinent to this hearing, Respondent, Troy Dale Eaton, was licensed by the State of Florida as a registered Residential Pool Contractor under License No. RP0040134. On February 26, 1982, Respondent, doing business Able One Construction, entered into a contract with Mr. and Mrs. Dorsey to construct a swimming pool on their property located at 4444 Rushing Avenue in Lakeland, Florida, for a price of $9,085. Shortly thereafter, an addendum in the amount of $445 was executed by Respondent and is marked as paid. The pool was to be rectangular concrete (marcite) 16 X 34 feet in dimension, with a depth ranging from 3 to 8 feet called for in the contract. Other particulars of the pool called for electrical work to be involved in the construction. On March 2, 1982, Respondent applied to the Polk County, Florida, building and zoning codes department for a permit to construct the Dorseys' pool, submitting with the application a set of plans and specifications for the project. As a result of this application, Permit No. 281930 was issued that same date. When the pool was completed, measurements taken by both Respondent and the Dorseys show that at the deepest part, the pool is no more than 7 feet 6 inches (per Respondent, who measures from drain grate to the lip of the pool deck). Water level is at least 6 inches below that Mr. Dorsey contends the depth is no more than 6 feet 4 inches, but there is no evidence of whether that is water depth or area depth. In any case, the depth of the pool measures the depth of the water in the pool a factor most definitely related to the safety of divers. Mr. Dorsey is a diver and specifically advised Respondent of that when he ordered a diving board as a part of the contract. The diving board cannot be used, as the water is too shallow. Respondent attributes the shortfall in depth to the additional concrete poured into the pool at, he claims, Mr. Dorsey's request. The subcontractor who installed the concrete recalls hearing Mr. Dorsey say to put the extra concrete in as he "would rather have a thick shell." However even so, the extra concrete (2 cubic yards), if evenly applied over the surface areas of a pool 16 X 34 feet, would not decrease the pool depth by more than a few inches. Therefore, the depth is shy of 8 feet either because the extra concrete was all poured into the bottom, or the hole was not deep enough to start with. Failure to conform to detailed drawings which showed a depth of 8 feet submitted and approved by the building inspector by the issuance of a permit based on them is a violation of Article III, Standard Building Code, as adopted in Polk County Ordinance 74- 12, dated February 1, 1982. As the construction progressed, it became apparent friction was building between the parties and that Respondent was experiencing some financial difficulties compounded by the Dorseys' reluctance to pay for what they considered as substandard work. An inspection conducted by the building inspector on June 10, 1982, revealed several deficiencies in Respondent's work. These included: The filter pump was not bonded; The diving board was not installed; The electrical box for the pool light was installed improperly; and The common ground wire nut in the electrical box fell off when the cover was removed and would not catch. These latter two discrepancies are violations of the Polk County Electrical Code, Ordinance 75-5, dated February 1, 1982. Somewhat later, on February 21, 1983, a subsequent inspection revealed the same two electrical problems identified in the earlier inspection plus several more. On May 21, 1982, prior to the inspection which first identified the electrical discrepancies, Mr. Dorsey applied for an electrical permit for the work to be done at the pool, indicating he was going to do the work himself. This permit was issued under N?. 28817. This situation came about when Mr. Dorsey, concerned that after three months little progress was being made on his pool, contacted Respondent to see what was holding things up. Respondent indicated that Mr. Dorsey could save some money by taking out the electrical permit in his own name. Thereafter, Respondent would have an unlicensed electrician who did some work for him do the job. Mr. Dorsey agreed, and the work was accomplished by James R. Eckley, who did not have an electrician's license at the time he did the work. Respondent's arranging for this individual to do the work is shown by the fact that on June 29, 1982, Mr. Eckley notified Mr. Dorsey he had unsuccessfully tried to collect from Respondent, who used as his excuse for not paying that Mr. Dorsey had not paid him. Further, the pool contract calls for the pool to be wired for electrical lights, pump, pool sweep, and the like as a part of the stated contract price. No provision was made for Mr. Dorsey to arrange for the electrical work. Respondent contends he was prevented from correcting the deficiencies complained of by the Dorseys, who refuse to allow him to come onto the property. However, Respondent did not indicate when this barring began. It is clear, however, that as late as June 10, 1982, Respondent still had access to the property. Further, the Dorseys closed their property to Respondent after he had refused to make corrections or adjustments and after he threatened to remove "everything from the property; that [was] not bolted down.."
Recommendation Based on the foregoing, it is, therefore, RECOMMENDED: That Troy Dale Eaton be reprimanded, be placed on probation for, one year and pay an administrative fine of $500. RECOMMENDED this 39th day of November, 1983, in Tallahassee, Florida. ARNOLD H. POLLOCK, 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 30th day of November, 1983. COPIES FURNISHED: Charles F. Tunnicliff, Esq. Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. Troy Dale Eaton 5306 State Road 574 Plant City, Florida 33566 Mr. Fred Roche Secretary of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Mr. James Linnan Executive Director Construction Industry Licensing Board Department of Professional Regulation Post Office Box 2 Jacksonville, Florida 32202
The Issue The issues in this proceeding concern whether the Petitioners named above should be placed on the Convicted Vendors List described in Section 287.133(3)(d), Florida Statutes.
Findings Of Fact Petitioner, Anthony Liuzzo, is owner of the above-named Petitioner hotel. On March 10, 1992, he was convicted of a public entity crime as defined in Section 287.133(1)(g), Florida Statutes. That adjudication was rendered in Chautauqua County, New York. The University Centre Hotel, Inc., is a Florida corporation. It owns and operates the University Centre Hotel, which is located at 1535 Southwest Archer Road, in Gainesville, Florida. The hotel is located in close proximity to the University of Florida, directly across from Shands Hospital. The hotel has one hundred eighty (180) rooms with accompanying restaurant facilities, meeting rooms, banquet halls, a car rental agency and other hotel-related services. The hotel regularly provides conference halls, meeting rooms, and lodging accommodations for persons and events involving or associated with the Shands Hospital and the University of Florida. Mr. Anthony Liuzzo is owner of the hotel and it is an affiliated entity within the meaning of Section 287.133(1)(a)2, Florida Statutes. Although Mr. Liuzzo is the sole owner of the hotel, the hotel employs a general manager to handle day to day management. The hotel has, at various times, conducted business with public entities in the State of Florida. On August 31, 1989, Mr. Liuzzo was indicted by the State of New York in an eleven (11) count indictment against him, five (5) other persons and two (2) corporations. He was indicted on three (3) counts of grand larceny in the second degree, one count of grand larceny in the third degree, five counts of offering a false instrument for filing in the first degree, and one count of conspiracy in the fourth degree (Counts I through IX and XI of the indictment). The court subsequently dismissed two (2) of the five (5) counts, involving offering a false instrument for filing (Counts V and VI). All of the counts of the indictments were the result of allegedly inappropriate documentation of the operating costs for the Greenhurst Health Care Center, which was owned by Mr. Liuzzo and is located in Jamestown, Chautauqua County, New York. The copy of the indictment is attached to the Joint Stipulation and incorporated therein and in these Findings of Fact as Exhibit "C." In March 1992 Mr. Liuzzo withdrew his previously entered plea of not guilty and entered an "Alford plea of guilty" to the remaining counts of the indictment (Counts 1 through IV, XII through IX, and XI), pursuant to the case of North Carolina v. Alford, 400 U.S. 25(1969), which permits the defendant to maintain his innocence and otherwise enter a valid plea of guilty. The presiding Judge in that criminal proceeding accepted the Alford plea of guilty with a commitment that Mr. Liuzzo would receive a non-custodial sentence of probation. A transcript of the hearing where the plea was entered, a Certificate of Conviction, and the Order and Condition of Probation are attached to the Joint Stipulation and adopted therein and herein, by reference, as Exhibit "D." Anthony Liuzzo and the hotel notified the Department of Management Services of the convictions and provided the details, as shown in Exhibit "E," incorporated by reference in the Joint Stipulation and in this Final Order. Mr. Liuzzo also provided Exhibit "M," incorporated in the stipulation, notifying the Department of Management Services of the nature of the public entity crime. He provided a copy of the indictment as well as other documentation. Furthermore, Mr. Liuzzo's attorneys made themselves available for any further inquiry prior to a Notice of Intent being issued. On December 2, 1997, the Department of Management Services issued its Notice of Intent pursuant to Section 287.133(3)(e)1, Florida Statutes, to Mr. Liuzzo and hotel, notifying them of its intent to place them on the Convicted Vendors List. On December 18, 1997, pursuant to Subsection 287.133(3)(e)2, Florida Statutes, Mr. Liuzzo and the hotel timely filed a Petition for formal administrative hearing pursuant to Section 120.57(1), Florida Statutes, to determine whether it is in the public interest that Mr. Liuzzo and the hotel be placed on the State of Florida Convicted Vendors List. Subsection 287.133(3)(e)3, Florida Statutes, establishes certain factors which, if applicable to a convicted vendor, will mitigate against the placement of that vendor on the Convicted Vendors List. Subsection 287.133(3)(e)3.b, Florida Statutes, establishes "the nature and details of the public entity crime," as a mitigating factor. The indictment and conviction were for alleged submission by Mr. Liuzzo of false documentation concerning the operating costs of his New York nursing home, for a period from September of 1983 through August 1989. The convictions did not involve the hotel. The convictions were for alleged acts that occurred during a reporting period over ten (10) years ago. Subsection 287.133(3)(e)3.c, Florida Statutes, established "the degree of culpability of the person or affiliate proposed to be placed on the Convicted Vendors List" as a mitigation factor. As detailed above, the hotel was not involved in any of the alleged acts at issue in this matter. Mr. Liuzzo's degree of culpability was that of an absentee owner, who lived in Florida and allowed others to manage and run the day-to-day operations of his New York nursing home. Subsection 287.133(3)(e)3.d, Florida Statutes, established "prompt or voluntary payment of any damages or penalties as a result of the conviction" as a factor mitigating against placement on the Convicted Vendors List. As part of the disposition of those charges, Mr. Liuzzo agreed to make a monetary restitution in the amount of five hundred thousand dollars ($500,000), half of which is to be paid over the five (5) year term of his probation. He made his first restitution payment in the amount of two hundred fifty thousand dollars ($250,000), on April 28, 1992, and, though the balance was due in annual payments of fifty thousand dollars ($50,000) through 1997, he paid the full amount of the balance, two hundred fifty thousand dollars ($250,000), on April 21, 1993, four (4) years ahead of schedule. Mr. Liuzzo and the State of New York, in December of 1992, entered a Settlement Agreement regarding any and all disputed matters involving his New York nursing home. See Exhibit "H" attached and incorporated in the Joint Stipulation, which evidences full payment of the five hundred thousand dollar ($500,000) Order of Restitution. Subsection 287.133(3)(e)3.e, Florida Statutes, establishes "cooperation with state or federal investigation or prosecution of any public entity crime . . . "; as a factor mitigating against placement on the Convicted Vendors List. Anthony Liuzzo and the hotel fully cooperated with the Department of Management Services in its investigation initiated pursuant to Section 287.133, Florida Statutes. Section 287.133(3)(e)3.f, Florida Statutes, establishes "[d]isassociation from any person or affiliates convicted of the public entity crime" as a mitigating factor. Mr. Liuzzo has disassociated himself and ceased all business relationships with the individuals and entities that were indicted with him, with the exception of his father, Joseph Liuzzo and his nephew, Frederick J. Landy, both of whom were dismissed from the indictment. Subsection 287.133(3)(e)3.h, Florida Statutes, established "reinstatement or clemency in any jurisdiction in relation to the public entity crime at issue in the proceeding" as a mitigating factor. On May 14, 1992, the State of New York discharged Mr. Liuzzo from probation and with the approval and support of the assistant attorney general with the office of Medicaid Fraud Control, the court ordered the issuance to Mr. Liuzzo of a Certificate of Relief from disabilities. This acts to restore the loss of any civil rights occasioned by the conviction at issue. On July 23, 1993, the Governor of the State of Florida, in concurrence with Cabinet of the State of Florida, filed its executive Order which granted to Mr. Liuzzo the restoration of civil rights in the State of Florida. The State of Florida Department of Business and Regulation, Division of Alcoholic Beverages and Tobacco, had preliminarily revoked the hotel's alcoholic beverage license because of the convictions. Subsequently, that revocation was set aside because of the restoration of Mr. Liuzzo's civil rights and because his adjudication had nothing to do with the hotel and its operations. Subsection 287.133(3)(e)3.j, Florida Statutes, establishes "the needs of public entities for additional competition in the procurement of goods and services in their respective markets" as a mitigating factor. The hotel provides conference halls, meeting rooms, and lodging accommodations for persons and events involving or associated with the Shands Hospital, the University of Florida, and other related public entities. A listing of such public entities is attached to the Joint Stipulation and incorporated therein as Exhibit "A." The hotel's facilities and proximity to University of Florida facilities provide unique services to that public entity. Any restriction of the University of Florida's abilities to procure such services from the hotel would negatively impact the market in the Gainesville area by limiting the competition for the provision of such services, thereby increasing the cost to the University of Florida and other public entities for obtaining their services. Further, due to the fact that there are few facilities in the area equipped to provide the type, size and quality of services provided by the hotel, elimination of the hotel as a source to obtain such services results in a corresponding reduction in the quality of services that can be provided to the University of Florida and other state institutions. Subsection 287.133(3)(e)3.k, Florida Statutes, establishes "any demonstration of good citizenship" as a mitigating factor. Mr. Anthony Liuzzo, graduated from Riverside Military Academy, located in Fort Lauderdale, Florida, in 1952 and received his BSBA Degree from the University of Florida in 1956. Mr. Liuzzo excelled for four (4) years as a member of the University of Florida Track Team, which included two (2) years as Southeastern Conference Champions. After graduation, Mr. Liuzzo founded a construction and real estate development company. He eventually expanded his real estate holdings to include nursing homes, shopping malls, condominium apartments, a hotel and banking institutions. Among his Florida projects, are the Gainesville Vizcaya Apartments, located on Southwest 34th Avenue and the University Nursing Care Center. Mr. Liuzzo has been very active in the community. He was appointed by Governor Bob Graham as the member of the Gainesville Regional Airport Authority. He is active on several boards including the March of Dimes, Florida's Future, Inc., and the Hippodrome State Theater. Additionally he has served as a Florida State Chairman for Special Olympics, and has worked with the Stop Children's Cancer and the Children's Miracle Network Telethon. Mr. Liuzzo is a member of the President's Council at the University of Florida, a large contributor to the University of Florida Foundation and Athletic Association. He is also a member of the Florida Blue Key and a "Bull Gator." Most recently, Mr. Liuzzo assisted the Hervy and Sandra Daniel family, and provided them free room and board for several weeks, while their young daughter, Ashley Daniel, became the youngest double lung transplant patient treated by the Shands Hospital at the University of Florida. In addition, employees of the University Centre Hotel raised approximately one thousand dollars ($1,000) which Mr. Liuzzo matched dollar-for-dollar, giving the family a check in the amount of two thousand dollars ($2,000). A copy of a newspaper article, as well as a letter from the Daniel family, is attached to the stipulation as Exhibit "N." Mr. Liuzzo recently came to the assistance of the Miss Florida Pageant, which was in danger of being cancelled. The University Centre Hotel agreed to become a major sponsor of the event, ensuring that its most recent televised event would go on. A copy of a letter from the Miss Florida Scholarship Organization as well as a newspaper article are attached to the stipulation as Exhibit "O." A partial list of awards and recognitions is set forth below: 1984- Special Thanks from Governor Bob Graham for assistance in fund-raiser for Florida's Future, Inc. 1985- Appointed to Gainesville-Alachua County Regional Airport Authority by Governor Bob Graham. 1985- Awards of Appreciation for services from Gainesville-Alachua. 1988- County Regional Airport. 1986- Key to the City of Gainesville presented by Mayor David Flagg. 1985- Award of Appreciation for continuing dedication to and support of the University of Florida Track Department. 1987- Award of Appreciation for support of Stop Children's Cancer, Inc. 1988- Award of Appreciation for support provided to children served by Shands Hospital at the University of Florida Miracle Network Telethon. 1989- Distinguished Sponsor Award presented by the Gainesville Writer's Workshop in appreciation for his support of the Writer's Art. 1989- Award of Appreciation for Outstanding Contributions for serving as Grand Host for the Stop Children's Cancer, Inc., Mercedes Benefit. 1989- Award of Thanks for providing assistance in fund raising in fund raiser for Sid Martin's Ridge House. 1991- Award of Appreciation from Florida Special Olympics Game Committee. 1991- Bull Gator Award in recognition of highest levels of contribution and dedication to the University of Florida and Gator Athletics. 1991- Outstanding Jailee, American Cancer Society Jail and Bail program. 1991- Board Member, Alachua County Tourists Development Council; instrumental in laying the foundation of the Alachua County bed tax that allowed for the construction of the $10,000,000 Performing Arts Center. p. by 1992-93- Hospice). Junior Women's Club of Gainesville (sponsored q. 1992-93- American Cancer Society. r. 1992-93- Red Cross City of Gainesville. s. 1992-93- "Putting on the Ritz" Benefit for Children's Society. 1993- Major Contributor to the State of Florida Museum of Natural History, Gainesville, Florida. 1992-94- Major contributor to Children's Miracle Network (Multiple Sclerosis). 1992-94- Chris Collingsworth Golf Tournament-Mental Health. 1991-94- Alachua County Board of County Commissioners Tourist Development Council - Distinguished Service Award presented for year of dedication to the County. The parties stipulated that the Joint Stipulation provides a full and complete factual basis for determining whether Anthony Liuzzo and University Centre Hotel, Inc., should be placed on the Convicted Vendors List. In light of the facts and the criteria set forth in Subsection 287.133(3)(e)3.a. through k., Florida Statutes, there has been established to be no disputed issue of material fact between the Department of Management Services and Mr. Liuzzo and University Centre Hotel, Inc. The parties also entered into a Joint Stipulation and agreed-upon Settlement, filed with the Division of Administrative Hearings on December 22, 1997, incorporating the Joint Stipulation of Fact and attachments referenced above as Exhibit "A," and containing the Stipulation that there is no material issue of fact requiring a formal hearing, thus waiving formal hearing. The Joint Stipulation of Fact, according to the parties' Stipulation and agreed-upon Settlement, established that the Petitioners have satisfied mitigating elements contained in Section 287.133(3), Florida Statutes. They stipulate that the Joint Stipulation of Facts includes elements that raise a rebuttable presumption in favor of the Petitioners that it would not be in the public interest to place the Petitioners on the Florida Convicted Vendors List and that there are no stipulated facts that would overcome that rebuttable presumption. Therefore, the parties agreed to disposition of this matter by issuance of a Final Order adopting the Settlement Agreement and Joint Stipulation of the parties pursuant to Sections 287.133(3)(e)2.f and 120.57(3), Florida Statutes, with a finding that it is not in the public interest to place the Petitioners on the Florida Convicted Vendors List.
The Issue Whether Respondent’s statement contained in June 4, 2004, correspondence to the controller of the Daytona Beach Kennel Club, Inc., constitutes a rule of the agency which has not been adopted by the rule making procedures provided in Section 120.54, Florida Statutes. Statutory references are to Florida Statutes, 2004, absent contrary indication.
Findings Of Fact Petitioners are St. Petersburg Kennel Club, Inc; West Flagler Associates, Ltd. (Flagler Greyhound Track); Washington County Kennel Club, Inc. (Ebro Greyhound Track); Daytona Beach Kennel Club, Inc. (Daytona Beach Kennel Club); and Southwest Florida Enterprises, Inc. (Bonita-Ft. Myers Greyhound Track). Respondent is the State of Florida, Department of Business and Professional Regulation, Division of Pari-mutuel Wagering, an agency created by Section 20.165(2)(f), Florida Statutes. Pursuant to Chapter 550, Florida Statutes, Respondent is vested with general regulatory authority over Petitioners and the operation of cardrooms at licensed and permitted pari-mutuel facilities. Each Petitioner is the holder of a pari-mutuel waging permit and a license issued by Respondent pursuant to provisions of Chapter 550, Florida Statutes, for the conduct of pari-mutuel wagering on greyhound races. Each Petitioner also holds a licensed issued by Respondent pursuant to Section 849.086, Florida Statutes, for conduct of a cardroom at its pari-mutuel facility. Each Petitioner is authorized to conduct a “meet” consisting of live racing. Each authorized meet includes evening performances generally consisting of 14 races. One or more of those races can take place after midnight but before 1:30 a.m. on the next calendar day. Each Petitioner is authorized to accept pari-mutuel wagers on each such race. Petitioner Daytona Kennel Club, by correspondence of May 27, 2004, provided a revised cardroom calendar to Respondent for approval. Respondent, in reply correspondence of June 4, 2004, pointed out that proposed day-long cardroom operation on Sunday as a result of Saturday live racing events that extended into Sunday morning, was not permissible under provisions of Section 849.086(7)(b), Florida Statutes. Respondent’s correspondence, in pertinent part, reads as follows: [Y]ou contend that if at least one Saturday race will occur after 12:00 midnight, then Sunday cardroom operation would be permitted, without any additional pari-mutuel events being held that day, under Section 849.086(7)(b), Florida Statutes. The foregoing statutory section states, “[a] cardroom may be operated at the facility only when the facility is authorized to accept wagers on pari-mutuel events during its authorized meet.” A plain reading of this language makes it evident that the Legislature intended that cardrooms be considered an adjunct to live racing, not a replacement or a substitute. As it stands today, you have not been authorized to conduct a pari- mutuel event on Sundays. Respondent’s letter of June 4, 2004, to Petitioner Daytona Beach Kennel Club, was a specific response to matters raised by that Petitioner in its letter of May 27, 2004. A final declaratory judgment issued on July 26, 2004, in the Second Judicial Circuit in Case No. 2002-CA-2971 invalidates changes to Section 550.615(6), Florida Statutes, resulting from passage of Chapter 96-364, Laws of Florida. Presently under appeal and stayed pending further decision, that ruling also invalidates Section 849.086, Florida Statutes, due to the non-severability language contained in Section 550.71, Florida Statutes. In the event of an appellate decision affirming that ruling, Respondent’s authority to regulate the hours of cardroom operation would be rendered inoperative.
Recommendation It is RECOMMENDED that the Homeowners' objection to the issuance of the final site approval order permitting the helistop at Joe Robbie Stadium as requested in the Airport Site Approval and License Application filed on October 20, 1987 by Joe Robbie Stadium Corporation be dismissed. DONE and ENTERED this 29th day of August, 1989, at Tallahassee, Florida. WILLIAM R. DORSEY, JR. 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 29th day of August, 1989. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0450 Robert L. Shevin, Esquire 200 South Biscayne Boulevard Suite 3300 Miami, Florida 33131-2385 George F. Knox, Esquire 4770 Biscayne Boulevard Suite 1460 Miami, Florida 33137 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 562 Haydon Burns Building Tallahassee, Florida 32399-0450
The Issue Whether Respondent's License as a residential pool contractor should be suspended for alleged violation of Section 468.112(7), Florida Statutes. The Respondent did not appear at the hearing although proper notice thereof had been furnished under date of February 11, 1976 to him by the hearing officer. Accordingly, the hearing was conducted as an uncontested proceeding.
Findings Of Fact Respondent has been licensed as a registered pool contractor by the Florida Construction Industry Licensing Board since June 20, 1974. The license was not renewed for 1975/76 (Exhibit 4). Respondent filed a Voluntary Petition in Bankruptcy in the U.S. District Court for the Northern District of Florida, Bankruptcy No. TBK 75-25, on March 13, 1975 (Exhibit 5).
Recommendation That the registration of William R. MacKinnon as a residential pool contractor be suspended until such time as he meets the qualifications and other requirements for renewal of registration and applies therefor. DONE and ENTERED this 5th day of April, 1976, in Tallahassee, Florida. THOMAS C. OLDHAM Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of April, 1976. COPIES FURNISHED: David Linn, Esquire 217 South Adams Street Tallahassee, Florida 32301 Mr. William R. Mackinnon Route 3, Box 584C Tallahassee, Florida 32303
