ZAKARIAN
v.
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
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An administrative agency's final order imposing an administrative fine exceeding statutory limits and potentially denying a meaningful opportunity to be heard must be set aside and remanded.
[1] An administrative fine imposed as a condition of future licensure must comply with statutory limits on the amount of such fines.
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Join FLexlaw to unlock all legal intelligenceJessica Weigel Zakarian's contractor licenses were revoked and a $10,000 administrative fine was imposed as a condition of future licensure by the Con…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
No. 1D2026-0002
JESSICA WEIGEL ZAKARIAN, Appellant, v.
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION, Appellee.
On appeal from the Department of Business and Professional Regulation. Edward McCullers, Chair. September 30, 2026
PER CURIAM.
Jessica Weigel Zakarian appeals the Construction Industry Licensing Board's final order revoking her contractor licenses and imposing a $10,000 administrative fine as a condition of future licensure. She argues that the Board improperly resolved disputed issues of material fact without a formal hearing.
The Department of Business and Professional Regulation moved to relinquish jurisdiction for further proceedings, stating that the fine exceeded the statutory limit and that Zakarian may not have received a meaningful opportunity to be heard. In response to our order to show cause, the Department agreed that its motion could be treated as a concession of error.
We treat the Department's motion as a concession of error and accept that concession. We therefore set aside the final order and remand for further proceedings. See § 120.68(7), Fla. Stat.
SET ASIDE and REMANDED.
ROWE, RAY, and WINOKUR, JJ., concur.