STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHN ESPOSITO,

Petitioner,

Docket No. 90-270

vs. DOAH CASE NO.: 98-5201

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,

Respondent.

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FINAL ORDER

THIS CAUSE, arising under Chapter 681, Florida Statutes, came before the Commissioner of Agriculture of the State of Florida for consideration and final agency action.

The issue in this cause is whether Petitioner is entitled to arbitration before the New Motor Vehicle Arbitration Board pursuant to Chapter 681, Florida Statutes.

In lieu of a formal hearing, the case was submitted for decision upon a Joint Stipulation of Jurisdiction and Facts filed with the Division of Administrative Hearings on February 10, 1999. The Administrative Law Judge, Ella Jane P. Davis issued a recommended order on May 5, 1999, a copy of which is attached as Exhibit "A." No party filed written exceptions.

Upon consideration of the forgoing, review of the record and the evidence submitted, and being otherwise advised in the premises, it is hereby ORDERED AND ADJUDGED:

1. The Administrative Law Judge's Findings of Fact are adopted in toto as the Department's Findings of Fact.

   
   

2. The Administrative Law Judge's Conclusions of Law are adopted as follows:

   
   

   1. Paragraphs 16 through 19 are in toto as the Department's Conclusions of Law.

      
      

   2. Regarding Paragraph 20, the Department does not dispute the conclusions made by the Administrative Law Judge on the recommended orders. However, the Department would like to

      clarify the law found in Section 681.114, Florida Statutes, which does not strictly forbid the resale of any vehicle returned by reason of lemon law. Section 681.114, Florida Statutes, forbids the knowing lease, sale or transfer of title of a motor vehicle returned pursuant to Chapter 681, Florida Statutes, without clearly and conspicuously disclosing the nature of the nonconformity to the prospective transferee, lessee or buyer.

      Section 681.114 also requires that the manufacturer warrants to correct such nonconformity for a term of 1 year or 12,000 miles, whichever occurs first.

      
      

   3. Paragraphs 21 through 40 are in toto as the Department's Conclusions of Law.

      
      

3. The Administrative Law Judge's Recommendation -- that the Department enter a final order referring this cause to the New Motor Vehicle Arbitration Board for arbitration -- is APPROVED as the disposition of this matter.

DONE AND ORDERED this 26th day of May, 1999.

BOB CRAWFORD

COMMISSIONER OF AGRICULTURE

BY:                        ANN H. WAINWRIGHT

ASSISTANT COMMISSIONER DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Copies to:

Mike Jorgensen, Esquire 7555 Beach Boulevard

Jacksonville, Florida 32216

Tom Steckler, Assistant Director Consumer Services

407 S. Calhoun Street Tallahassee, Florida 32399

Ella Jane P. Davis, Administrative Law Judge Division of Administrative Hearings

The Desoto Building 1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

Filed with the Agency Clerk this 26th day of May, 1999.

Agency Clerk

NOTICE

Any party to these proceedings adversely affected by this Final Order is entitled to seek review of the 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 Clerk, Room 515 Mayo Building, Tallahassee, Florida 32399-0800, and a copy of the same with the appropriate District Court of Appeal within thirty

(30) days of rendition of this Order.

Docket for Case No: 98-005201

Orders for Case No: 98-005201