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Zakarian v. Department of Business and Professional Regulation

Court
Florida First District Court of Appeal
Decided
September 30, 2026
Docket No.
2026-0002

Judges: ROWE; RAY; WINOKUR

Disposition: reversed

Opinion

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

Original opinion page 2
Original opinion page 2
2 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. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Jessica Weigel Zakarian, pro se, Appellant. Matthews Mears, Chief Appellate Counsel, Department of Business and Professional Regulation, Tallahassee, for Appellee.

Opinion text and original PDF from Florida First District Court of Appeal · Source opinion

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