Petitioner: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES
Respondent: EXECUTIVE AUTO LEASING OF SOUTH FLORIDA, INC.
Judges: ERROL H. POWELL
Agency: Department of Highway Safety and Motor Vehicles
Locations: West Palm Beach, Florida
Filed: Feb. 18, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 15, 2009.
Latest Update: Jul. 08, 2009
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
DOAH CASE NO.: 09-0917
DMV CASE NO.:
FINAL ORDER #: 09-1052
DEPARTMENT OF HIGHWAY
SAFETY AND MOTOR VEHICLES,
Petitioner,
Vv.
EXECUTIVE AUTO LEASING OF SOUTH
FLORIDA, INC.,
Respondent.
FINAL ORDER
This matter came before the Department for entry of a Final Order pursuant to an order
closing the file of the Division of Administrative Hearings. The record reflects that the parties
have settled their dispute and entered into a Settlement Stipulation, which Settlement Stipulation
is hereby adopted by reference.
Having reviewed the stipulation and being otherwise fully advised in the premises, it is
therefore
ORDERED AND ADJUDGED that:
1. Respondent has admitted the allegations of the administrative complaint in this
matter.
2. Respondent has agreed to pay and has paid a civil fine of $2,000.00 by certified
cashier’s check, receipt of which is acknowledged by the Department.
3. Each party will bear its own costs and attorney fees.
4. In order to prevent similar violations occurring in the future, Respondent shall abide
by the following in operating its dealership: Respondent shall refrain from advertisements utilizing
descriptions for vehicle condition such as mint condition, flawless, perfect and any other statements
that may be deceptive and unfair if it is likely to mislead a consumer who is acting reasonably under
the circumstances. Failure to abide by these procedures will constitute grounds for suspending or
revoking Respondent’s license or imposing 4... fine.
DONE AND ORDERED this YA day of July, 2009, in Tallahassee, Leon County,
Florida. )
L A. FORD, Dire
Division of Motor Vehicles
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building
Tallahassee, Florida 32399
Filed with the Clerk of the
Division 9% Motor Vehicles
this £27 day of July, 2009.
Copies furnished:
Michael J. Alderman, Esquire
Senior Assistant General Counsel
Department of Highway Safety
and Motor Vehicles
Neil Kirkman Building, Rm. A-432
Tallahassee, Florida 32399-0504
Craig Hallman
Executive Auto Leasing of South Florida, Inc.
2912 South Ocean Bivd.
Highland Beach, Florida 33431
Errol H. Powell
_Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Diane Buck
Regional Administrator, DMV Region IX
William Camper
Hearing Officer
Division of Motor Vehicles
Billy Rankin
Chief, Bureau of Field Operations
Nalini Vinayak
Dealer License Administrator
Florida Administrative Law Reports
Post Office Box 385
Gainesville, Florida 32602
Docket for Case No: 09-000917
Issue Date |
Proceedings |
Jul. 08, 2009 |
Final Order filed.
|
Jun. 15, 2009 |
Order Closing File. CASE CLOSED.
|
Jun. 12, 2009 |
Settlement Stipulation and Motion to Relinquish Jurisdiction filed.
|
Apr. 14, 2009 |
Order Granting Continuance (parties to advise status by June 22, 2009).
|
Apr. 13, 2009 |
(Proposed) Order Granting Continuance filed.
|
Apr. 13, 2009 |
Verified Motion for Continuance filed.
|
Apr. 10, 2009 |
Motion for Witnesses to Appear by Telephone filed.
|
Feb. 27, 2009 |
Order of Pre-hearing Instructions.
|
Feb. 27, 2009 |
Notice of Hearing by Video Teleconference (hearing set for April 22, 2009; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
|
Feb. 25, 2009 |
Response to Initial Order filed.
|
Feb. 18, 2009 |
Initial Order.
|
Feb. 18, 2009 |
Agency referral filed.
|
Feb. 18, 2009 |
Request for Administrative Hearing filed filed.
|
Feb. 18, 2009 |
Agency action letter filed.
|
Orders for Case No: 09-000917