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CONSOLIDATED CRUISES AND TOURS, INC. vs DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, 94-005783 (1994)

Court: Division of Administrative Hearings, Florida Number: 94-005783 Visitors: 27
Petitioner: CONSOLIDATED CRUISES AND TOURS, INC.
Respondent: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Judges: WILLIAM J. KENDRICK
Agency: Department of Agriculture and Consumer Services
Locations: Fort Lauderdale, Florida
Filed: Oct. 12, 1994
Status: Closed
Recommended Order on Wednesday, January 18, 1995.

Latest Update: May 29, 2009
Summary: At issue is whether petitioner's request for a bond waiver under the provisions of Section 559.927(10)(b)5, Florida Statutes, should be approved.Agency's interpretation of statute allowing bond waiver as requiring 5 conse cutive years of experience while duly registered sustained as reasonable.
94005783 AFO


STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES


CONSOLIDATED CRUISES AND TOURS, INC.,


Petitioner,


vs. DOAH CASE NO: 94-5783


DEPARTMENT OF AGRICULTURE

AND CONSUMER SERVICES,


Respondent.

I


FINAL ORDER


THIS CAUSE arose pursuant to Section 559.927, Florida Statutes, regulating sellers of travel, and came before the Commissioner of Agriculture, as head of the Department of Agriculture and Consumer Services of the State of Florida for consideration and final agency action.

By application dated May 25, 1994, Petitioner requested the Department of Agriculture and Consumer Services to waive the annual performance bond for its business as a seller of travel. By letter dated June 16, 1994 Respondent denied Petitioner,' s request for bond waiver. By petition dated June 22, 1994, Petitioner requested a formal hearing, and pursuant to Section 120.57(1), Florida Statutes, this matter was transferred to the Division of Administrative Hearings. A formal Administrative Hearing was held on December 15, 1994. The Hearing Officer's Recommended Order was duly rendered on January 18, 1994, a copy of which is attached to this Final Order as Exhibit "A', and is incorporated herein by this reference. No party filed written exceptions to the Recommended Order.


Filed May 29, 2009 4:34 PM Division of Administrative Hearings.

Upon consideration hereof, and being otherwise fully advised in the premises; it is:


ORDERED AND ADJUDGED:


  1. The Hearing Officer's Findings of Fact are adopted in toto as this Agency's Findings of Fact.

  2. The Hearing Officer's Conclusions of Law are adopted in toto as this Agency's Conclusions of Law.

  3. Petitioner's request for bond waiver is hereby denied.


NOTICE OF RIGHTS


Any party to these proceedings adversely affected by this Final Order is entitled to seek review of this Order pursuant to Section 120.68, Florida Statutes, and Rule 9.110, Florida Rules of Appellate Procedure. Review proceedings must be instituted by filing a petition or notice of appeal with the Agency Clerk, 515 Mayo Building, Tallahassee, FL 32399-0800, and a copy of the same with the appropriate District Court of Appeal within thirty (30) days of rendition of this Order.

DONE AND ORDERED this :J-.'7 day or_j ,L=,f -,1,,t---=.c.,v-l' ' 1995,

(}

at Tallahassee, Florida.


BOB CRAWFORD

COMMISSIONER OF AGRICULTURE

i-- JI <;< ·.···

BY:, -W --

Assistant Commisslone0

Florida Department of Agriculture

and Consumer Services


Copies furnished to:


Steven Wolf, President

Consolidated Cruises. and Tours, Inc. 8181 Northwest 8th Manor Plantation, Florida 33324


Jay S. Levenstein, Senior Attorney Department of Agriculture

and Consumer Services Room 515, Mayo Building

Tallahassee, Florida 32399-0800 Florida Bar No. 655643


William J. Kendrick, Hearing Officer, Division of Administrative Hearings The DeSoto Building

1240 Apalachee Parkway

Tallahassee, Florida 32399-1550


James R. Kelly, Assistant Director Division of Consumer Services 232 Mayo Building

Tallahassee, FL 32399-0800


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Consolidated Cruises & Tours, Inc.

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Docket for Case No: 94-005783
Issue Date Proceedings
May 29, 2009 (Agency) Final Order filed.
Mar. 01, 1995 Final Order filed.
Jan. 18, 1995 Recommended Order sent out. CASE CLOSED. Hearing held 12-15-94.
Jan. 17, 1995 Department's Proposed Recommended Order filed.
Jan. 04, 1995 Transcript filed.
Jan. 03, 1995 Transcript filed.
Dec. 15, 1994 CASE STATUS: Hearing Held.
Nov. 18, 1994 Notice of Hearing sent out. (hearing set for 12/15/94; 9:00am; Ft. Laud)
Oct. 27, 1994 Joint Response to Initial Order filed.
Oct. 20, 1994 Initial Order issued.
Oct. 12, 1994 Agency referral letter; Petition for Formal Proceeding; Annual Sellers of Travel Registration; Request for Waiver of Security; CC: Tax Return filed.

Orders for Case No: 94-005783
Issue Date Document Summary
Feb. 27, 1995 Agency Final Order
Jan. 18, 1995 Recommended Order Agency's interpretation of statute allowing bond waiver as requiring 5 conse cutive years of experience while duly registered sustained as reasonable.
Source:  Florida - Division of Administrative Hearings

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