STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTORIST SERVICES

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DOAH CASE NO.: 13-2420 MS CASE NO.: MS-13-572

FINAL ORDER#: HSMV-13- J-.

-S-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES,

Petitioner,

v.

J AND B AUTO SALES AND BROKERAGE, LLC D/B/A RACEWAY MOTORS,

Respondent.

                                                                      I

FINAL ORDER

This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by Todd P. Resavage, an Administrative Law Judge of the Division of Administrative Hearings, pursuant to the Parties' Motion to Relinquish Jurisdiction based on a Settlement Stipulation entered into between the parties, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File as its Final Order in this matter.

Accordingly it is FOUND and ORDERED as follows:

1. That Respondent shall pay an administrative fine in the amount of two hundred fifty dollars ($250.00) per count for a total of one thousand five hundred dollars ($1,500.00) to be paid on or before September 30, 2013. All payments are to be made by returning a copy of the order with payment to:

   
   

   Filed August 29, 2013 2:08 PM Division of Administrative Hearings

   Department of Highway Safety and Motor Veh ic les Office of General Co unse l

   2900 Apalac hee Parkwa y, Room A432, MS-6 1 Ta llahassee. Flo rida 32399

   
   

2. If Respondent pays the amount specifie d in paragraph one above within the specified time the Department will impose no further penalties or sanctions against Respondent. However, if Respondent fails to pay the amount specified in paragraph one on the day following the due date specified in paragraph one, Respondent' s motor vehicle dealer licen se will be automaticaUy suspended and Respondent will cease to do business as a motor vehicle dealer.

3. If after suspension Responde nt pays the amount specified in paragraph one above

   
   

   within 30 days follo wing the date of sus pension its motor vehicle dealer lice nse will immediately be reinstated without further penalties or sa nctions.

4. If Respondent fails to pay the amoun t due by the 30th day foll o wing the date of

suspe nsion, on the 31st da y following the date of suspe nsion Respond ent' s motor vehicl e dealer license sha ll be revoked by the Department without further notice. If the Depa1t ment suspends or revokes Respondent"s motor vehicle deal e r lice nse for non- payment as spec i LJe d in paragraphs two and three above, said suspension or revocatio n shall be without recourse to the Respondent and Respondent hereby expressly waives any right to appeal or otherwise contest the suspension

and revoca tio n.

DO E AND ORDERED this d9 day of August, 2013. at Tallahassee.

Leon County, Florida.

Julie Baker, Chief /) Bureau of Iss uance Oversight Divis ion of Moto ris t Se rvices

Department of Highway Safety and Motor Vehicles

Ne il Kirkman Building , Room A338 Tallah assee, Florida 32399

Filed in the official records of the Division of Motorist Services

this day of August , 2013.

NOTICE OF APPEAL RIGHTS

Judicial review of this order may be had pursuant to section 120.68 , Florida Sta tutes . in the District Court of Appeal for the First District. State of Florida , or in any other dis tric t court of appeal of this state in an appellate distr ict where a party resides. In order to initiate such review. one copy of the notice of a ppeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this orde r as set out above , pursuant to Rule 9.110, Rules of Appe lla te Procedure.

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Copies furnis h e d:

Cathy Colema n Regional Administrator

Dealer Lice nse Sec tion

Teresa Williams Esquire Williams and Trese

12 So utheast i 11 Street , S uite 703

Ft. Laude rdale, Flo rida 3330 I

Docket for Case No: 13-002420

Orders for Case No: 13-002420