Florida Construction Law

Town of Davie v. Santana, Pasko and Quinones, 37 Fla. L. Weekly D2389c, Case Nos. D11-5696, D11-5697 and D11-5698 (consolidated for briefing and opinion), filed October 12, 2012. After administrative proceedings had been dismissed by individual petitioners and cases closed with jurisdiction relinquished to Human Rights Commission, Respondent (City of Davie) filed motions for attorney's fees pursuant to s. 120.595(1)(b) [applicable where a non-prevailing party participated in the proceeding for an improper purpose].   Administrative Law Judge's denial of these motions for lack of jurisdiction was affirmed. (from RPPTL Subcommittee).     Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 1211 N Franklin St Tampa, FL 33602 www.trentcotney.com  

Blanco v. Department of Business and Professional Regulation (Council of Community Association Managers) , Case No 10-2905 RX (a rule challenge): Final Order of August 23, 2010, declares invalid Rule 61E14-2.001(5), regarding “Control of Others,” for lack of specific statutory rulemaking authority, in an administrative action against an employer for violations committed by employees. In addition, pursuant to s. 120.595(3), the ALJ found that the licensee would be entitled to an award of reasonable attorney’s fees, pending a hearing to determine if the agency “demonstrates that its actions were substantially justified or special circumstances exist which would make the award unjust,” as provided in that statute. While there do not appear to be any similar “control by others” rules governing licensees of the various construction regulatory boards, this case may be the basis for a new defense in administrative disciplinary actions against a construction licensee for violations committed...