TONY FINNO D/B/A TRUE POWER ELECTRIC, INC., v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA TONY FINNO d/b/a TRUE POWER ELECTRIC, INC., NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, CASE NO. 1D11-6208 v. DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CORRECTED PAGES: pg 2 CORRECTION IS UNDERLINED IN RED MAILED: December 3, 2012 BY: SDE Appellee. _____________________________/ Opinion filed November 30, 2012. An appeal from an order of the Department of Business and Professional Regulation. Diane S. Perera and Adam D. Sherman, Miami, for Appellant. J. Layne Smith, General Counsel, and Garnett W. Chisenhall, Chief Appellate Counsel, Department of Business and Professional Regulation, Tallahassee, for Appellee. PER CURIAM. In this appeal of a final order of the Electrical Contractors Licensing Board of the Department of Business and Professional Regulation, Tony Finno, d/b/a True Power Electric, Inc., challenges an order of restitution following a finding by the Board that appellant violated sections 489.533(1)(m)1 and 489.533(1)(m)3, Florida Statutes. The Board concedes that restitution was improperly ordered under the specific facts of this case. Accordingly, the final order is reversed insofar as restitution is ordered and the cause is remanded for consideration of an appropriate penalty pursuant to section 120.68(7)(e)4, Florida Statutes. REVERSED and REMANDED. WOLF, VAN NORTWICK, and LEWIS, JJ., CONCUR. 2
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