Recent Decision: Contractor Licensing
Carlos M. Arteaga v. Florida Department of Business and Professional Regulation, Regulatory Council of Community Association Managers , Case No 3D10-1419, L.T. Case No. 07-68175, filed February 16, 2011: Licensed community association manager responded to service of an administrative complaint by faxing an election of rights form to the department requesting a formal hearing on charges that he had violated the practice act. While the licensee’s signature on the form was notarized dated within the required 21-day response time, which was the same date licensee claims to have faxed the form, there was no fax confirmation report and the department denied ever receiving it; as a result. After licensee moved to vacate a “final order on wavier” revoking his license, he filed a protective notice of appeal; however, the appeal was dismissed based on a joint stipulation to vacate the order, subject to DBPR approval. While DBPR subsequently disapproved that stipulation, it did not object to the...