RAUL GONZALEZ D/B/A NATIONWIDE PROFESSIONAL ENTERPRISES, INC., APPELLANT,
v.
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE
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Gonzalez appeals the revocation of his pest control licenses by the Department of Health and Rehabilitative Services (HRS). The court holds that despite a prior consent decree waiving Chapter 120 hearings, Gonzalez is entitled to notice and a hearing before revocation based on alleged violations of the stipulated agreement, as due process protections apply even to consent stipulations.
The court holds that Gonzalez is entitled to notice and a hearing before revocation of his licenses. Although the stipulation waived a Chapter 120 hearing for allegations pending at the time of the agreement, the waiver did not extend to future alleged violations. Due process requirements under the Administrative Procedures Act apply even where consent stipulations are involved.
[1] A waiver of a Chapter 120 hearing in a stipulation is generally intended to apply to allegations pending at the time the stipulation is signed, not to future allegations.
[2] An administrative agency must provide a licensee with notice and an opportunity to be heard before revoking a license, even when a consent stipulation is involved.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the entry of a final order, the agency has served, by personal service or certified mail, an administrative complaint which affords reasonable notice to the licensee of facts or conduct which warrant the intended action and unless the licensee has been given an adequate opportunity to request a proceeding pursuant to s. 120.57.”
Establishes the statutory requirement for notice and hearing prior to license revocation.
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Join FLexlaw to unlock all legal intelligenceOn February 6, 1981, Gonzalez and HRS entered into a joint stipulation placing appellant on probation for pest control violations. The stipulation wai…
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SHIVERS, Judge.
Gonzalez appeals a final order revoking his pest control certificate and cards. Appellant asserts that the agency erred in failing to accord him a Chapter 120 hearing and that the evidence did not support the agency’s revocation of his licenses. We reverse and remand.
On February 6, 1981, Gonzalez and the Department of Health and Rehabilitative Services (HRS) entered into a joint stipulation for settlement and consent decree wherein appellant was placed on probation. The stipulation waived the right to a Chapter 120 hearing and agreed that if appellant violated the Pest Control Act or the pest control regulations during the period of probation, the agency in its discretion could enter a final order revoking appellant’s pest control licenses (the pest control certificate and cards). HRS adopted the stipulation in a final order on May 20,1981. Subsequently, HRS made a report documenting several alleged violations of the stipulated agreement and requesting revocation. After reviewing the report, HRS revoked appellant’s licenses without a hearing.
Section 120.60(6), Fla. Stat. (1981) provides in part:
No revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the entry of a final order, the agency has served, by personal service or certified mail, an administrative complaint which affords reasonable notice to the licensee of facts or conduct which warrant the intended action and unless the licensee has been given an adequate opportunity to request a proceeding pursuant to s. 120.57....
The purpose of this statute is to inform the licensee of the possible revocation and to permit the licensee to respond to the agency’s allegations. Sheppard v. Board of Dentistry, 385 So. 2d 143 (Fla. 1st DCA 1980). In this case, the stipulation provided for the waiver of a Chapter 120 hearing. The waiver, however, was intended to apply to the allegations pending at the time the stipulation was signed, not to allegations which might arise in the future.
Although the stipulation provided that HRS could revoke Gonzalez’ license in the agency’s discretion, the agency con tin- ued to suffer the burden of demonstrating proof justifying the exercise of that discretion. In this case, the issue of whether Gonzalez actually violated the terms of the stipulation remained outstanding, and Gonzalez was deprived of an opportunity to be heard on that point. The Administrative Procedures Act requires the licensee be given full due process consideration even where consent stipulations are involved.
It is necessary, therefore, for the administrative agency to take into account due process considerations when dealing with stipulations or agreements of the adversarial parties submitted during the course of administrative hearings.
Manatee County v. Florida Public Employees Relations Commission, 387 So. 2d 446, 449 (Fla. 1st DCA 1980). Accordingly, Gonzalez is entitled to the requisite notice and a hearing prior to revocation of his licenses. Resolution of this issue makes inquiry into the evidentiary issue unnecessary. The cause is reversed and remanded to the agency with instructions to proceed in compliance with this opinion.
SHAW and WIGGINTON, JJ., concur.
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McGRAW v. Dep't of State, 491 So. 2d 1193 (Fla. 1st DCA 1986)…ted, both below and on appeal, only an entitlement to a formal hearing. For the reasons expressed above, we cannot agree with appellant. The cases relied upon by appellant, exemplified by Gonzalez v. Department of Health and Rehabilitative Services, 418 So. 2d 1128 (Fla. 1st DCA 1982) and Larson v. Florida Real Estate Commission, 227 So. 2d 886 (Fla. 1st DCA 1969), are inappo-site. We have also considered and reject appellant’s assertion that the final order should be reversed because, appellant says, the ord…
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Woodard v. Fla. State Univ., 518 So. 2d 336 (Fla. 1st DCA 1987)…431 So. 2d at 680. Where confusion exists as to whether a party has waived his right to an administrative hearing, any doubt should be re [*341] solved in favor of the affected party. Id. Cf. Gonzalez v. Dept. of Health and Rehabilitative Services, 418 So. 2d 1128 (Fla. 1st DCA 1982) (licensee entitled to requisite notice and hearing prior to revocation of licenses despite consent stipulation providing for waiver of hearing). Sims v. Board of Trustees of North Florida Junior College, 444 So. 2d 1115 (Fla. 1s…
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Staley v. State, 851 So. 2d 805 (Fla. 2d DCA 2003)…UDGE, concur. . Even in the administrative context, a prospective waiver of the right to notice and an opportunity to be heard before revocation of a business license has been rejected. In Gonzalez v. Department of Health & Rehabilitative Services, 418 So. 2d 1128 (Fla. 1st DCA 1982), a pest control licensee stipulated that his license would be put on probation and that he waived the right to a chapter 120 hearing if he violated any statutes or regulations during the probationary period. When HRS revoked his…
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- Manatee Cnty. v. Fla. Pub. Emps. Relations Comm'n & Manatee Cnty. Mun. Emps., Local 1584, AFSCME, AFL-CIO, 387 So. 2d 446 (Fla. 1st DCA 1980)
- Mayo v. Owens, 385 So. 2d 143 (Fla. 1st DCA 1980)