Borovina v. Florida Const. Industry Licensing Bd., 78-527
Decision Date | 25 April 1979 |
Docket Number | No. 78-527,78-527 |
Citation | 369 So.2d 1038 |
Parties | Stephen J. BOROVINA, CG 007016, Appellant, v. FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD, Appellee. |
Court | Florida District Court of Appeals |
Jordan I. Fields, Stuart, for appellant.
Barry S. Sinoff and Jeffery B. Morris of Jacobs, Sinoff, Edwards, Alford & Burgess, Jacksonville, for appellee.
Appellant seeks review of a final order of the Florida Construction Industry Licensing Board revoking appellant's certified general contractor's license. An administrative complaint was filed against appellant by the Florida Construction Industry Licensing Board charging appellant, a licensed general contractor, with violating Section 468.112(2)(b) and (c), Florida Statutes (1977), by conspiring with and aiding and abetting an uncertified or unregistered person to engage in unauthorized construction activities. Pursuant to the Administrative Procedure Act, a hearing was held on September 9, 1977, and as a result thereof the Hearing Officer rendered a Recommended Order proposing to dismiss the administrative complaint in its entirety. On February 13, 1978, the Florida Construction Industry Licensing Board entered a final order revoking the appellant's general contractor's license. Said final order, in pertinent part, states:
On appeal it is contended that the agency's final order is fatally defective for failure to comply with Section 120.57(1)(b)(9) of the Florida Administrative Procedure Act. The aforesaid section sets out the procedure to be followed when an agency reviews a Recommended Order of a Hearing Officer. It provides:
Section 120.57(1)(b)(9), Florida Statutes (1977). (Emphasis supplied.)
The final order of the agency, under review, totally failed to follow the mandate of the foregoing section. In pertinent part, the order simply stated that the Board had reviewed a complete transcript of the administrative hearing and voted to revoke the contractor's license. This will not fit the bill. The purpose of the statutory requirements relative to the agency review of the Hearing...
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... ... 78-507 ... District Court of Appeal of Florida, Fourth District ... April 25, 1979 ... final order of the Florida Construction Industry Licensing Board revoking appellant's certified ... ...