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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs FLORIDA CASH AMERICA, INC., D/B/A CASH AMERICA PAWN OF ORLANDO, NO. 03-00833, 06-000479 (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000479 Visitors: 6
Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: FLORIDA CASH AMERICA, INC., D/B/A CASH AMERICA PAWN OF ORLANDO, NO. 03-00833
Judges: LAWRENCE P. STEVENSON
Agency: Department of Agriculture and Consumer Services
Locations: Tallahassee, Florida
Filed: Feb. 09, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 1, 2007.

Latest Update: Jun. 27, 2024
Feb 9 2006 10:58 : 3/12 FEB-@9-2866 12:83 Fram: 85641683539 To 8569216847 P Florida Department of Agriculture & Consumer Services CHARLES H. BRONSON, Commissioner The Capitol # Tallahassee, FL 32399-0800 October 28, 2005 Florida Cash America, Inc, Case No: 0506-14981 d/b/a Cash America Pawn of Orlando # 03-00833 lerk Ref: A39923 Mr. Daniel R. Feehan, President Agency Clerk Ref: 1600 W. 7th St. Fort Worth, TX 76102 SUBJECT: Administrative Complaint Dear Mr. Feehan: INVESTIGATIVE RESULTS An investigation was conducted by the Department of Agriculture and Consumer Services (“Department”). As a result of the investigation, the Department found the following violation(s): §539.001(8)(b)(2), At the time the pawnbroker enters into any pawn or purchase transaction, the pawnbroker shall complete a pawnbroker transaction form...the front of the pawnbroker transaction form must include...a complete and accurate description of the pledged goods or purchased goods,... The facts that Support the allegation are ay follows: On the pawn transaction forms inspected on October 17, 2005, several pendants and charms were not descrihed accurately (for example: decorative bands were not described, religious pendants were identified incorrectly). Additional gemstones (and their description) that did not fit in the two Spaces provided on the form were not accounted for on the form at all, an issue that has previously been brought to the attention of this location and has not been corrected. §539.001(8)(b)(3), At the time the pawnbroker enters into any pawn or purchase transaction, the pawnbroker shall complete a pawnbroker transaction form...the front of the pawnbroker transaction form must include...the name, address, home telephone number, place of employment, date of birth, physical description, and right thumbprint of the pledgor or seller. The facts that Support the allegation are as follows: On the pawn transaction forms inspected an October I 7, 2005, the words “none”, “N/A” or variations thereof were being used to stand for “unemployed” under the customer's emplayment information. There were also instances of the term “N/A” entered under the customer's home telephone number to stand for no telephone number. Both of these issues have Previously been brought to the attention of this location and have not been corrected Feb 9 2006 10:59 To: 8589216847 P4412 FEB-@9-2886 12:03 From: 8584183839 co Florida Cash America, Inc. Cure No: 0506-14981 d/b/a Cash America Pawn of Orlando # 03-00833 Agency Clerk Ref: A39923 Page Two SETTLEMENT At this time the Department js willing to settle this matter as follows: Florida Cash America, Inc., d/b/a Cash America Pawn of Orlando # 03-00833, shall, within 21 days of the receipt of this letter, pay an adminis ($2,000.00), and shal] immediately comply with the Flori If this settlement is acceptable, please indicate your acceptance by signing the Settlement Agreement and return the signed Settlement Agreement along with your payment and all other documents required for settlement in the enclosed envelope within twenty-one (21) days of receipt of this letter. Acceptance of this Settlement and the timely return to the Department of all settlement documents will conclude this matter. ADMINISTRATIVE HEARING AVAILABLE If you wish to contest the Department’s findings, you have the right to request an administrative hearing to be conducted in accordance with Sections 120.569 and 120,57, Florida Statutes, to be represented by counsel or other qualifi to this administrative complaint. Hf you request a hearing the offer of settlement is withdrawn and you may receive a more severe penalty. DEADLINE TO REQUEST AN ADMINISTRATIVE HEARING Your re quest for a hearing must be received within twenty-one (21) days of receipt of this letter. FAILURE TO SETTLE OR REQUEST AN ADMINISTRATIVE HEARING If you fail to settle or fail to Ttequest an administrative hearing within the twenty-one (21) day deadline you waive your right to a hearing and the Department may enter a Final Order imposing up to the maximum penalties as authorized by Florida law, UNE TEC ESSE ne er emperor ee on ee oy oct REET RCE TG Feb 9 2006 10:59 FEB-@9-2886 12:04 From: e584183839 Tot S589216847 P.5v12 e Florida Cash America, Inc. Case No; 0506-14981 d/b/a Cash America Pawn of Orlando # 03-00833 Page Three FURTHER INFORMATION If you wish to discuss this matter, please contact Investigator Sasha Velez at (407) 251- 2341, AQUSET OCT 28, 2005 «= AT UT soa HPK 1 Sincerely, Heche euersciesoust | PROGRAM CODE: PUN ’ CHARLES H. BRONSON ORG cone: 7 COMMISSIONER OF AGRICULTURE HANOLING CHARGE $0.00 . REFERENCE RATE CHARGES: SERVICE $3.98 DV $0.08 con $0.00 RS $0.00 ete A. ro DC $2.08 HZNT $0.00 8D $0,900 OH $8.00 NTFY $0.00 SP $0.00 TOT REF CHG $5.98 REF+HANDLING $5 9g Tom Steckler Assistant Director LO/Mv Enclosures: Copy of Statutes/Registration Form Notice of Rights Feb 9 2006 10:59 : P.6°1e FEB-@9-2866 12:64 Fram: 85641683539 To 8569216847 Florida Department of Agriculture & Consumer Services CHARLES H. BRONSON » Commissioner The Capitol © Tallahassee, FL 32399-0800 October 28, 2005 SETTLEMENT AGREEMENT Florida Cash America, Inc. Case No: 0506-1498] d/b/a Cash America Pawn of Orlando # 03-00833 +y Clerk Ref: A3992 Mr. Daniel R. Feehan Agency Clerk Ref: A 3 1600 W, 7th St. Fort Worth, TX 76102 I hereby agree to settle the violations stated in the Administrative Complaint dated October 28, 2005, as follows (check one): U agree to pay the fine amount of $2,000.00, and comply with all laws governing the Pawnbroking Act. T agree to pay the fine of $2,000.00 and immediately cease doing business as a Pawnbroker. I further agree that if I fail to com will enter a Final Order imposing the m seek additional remedies in court, ply with the terms of this settlement the Department aximum penalties authorized by Florida law, and may Name (please print) Legal Name of Business Signature Date Title Telephone ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT, RETURN ADDRESS: Pawn Department of Agriculture & Consumer Services Org Code: 42100710000 Post Office Box 6700 Object Code: 012052 ($2,000) Tallahassee, Florida 32399-6700 ce: Office of Investigations Sasha Velez, Investigator Rhodes Building (R4), Room 212 Tallahassee, Florida 32399 DACS-01128

Docket for Case No: 06-000479
Issue Date Proceedings
May 01, 2007 Order Closing File. CASE CLOSED.
Apr. 30, 2007 Joint Motion to Relinquish Jurisdiction filed.
Apr. 30, 2007 Notice of Appearance (filed by E. Miller).
Feb. 01, 2007 Order Continuing Case in Abeyance (parties to advise status by February 20, 2007).
Jan. 16, 2007 Status Report filed.
Aug. 09, 2006 Order Continuing Case in Abeyance (parties to advise status by August 25, 2006).
Aug. 07, 2006 Motion to Continue to Hold Case in Abeyance filed.
Jul. 07, 2006 Order Placing Case in Abeyance (parties to advise status by August 7, 2006).
Jun. 29, 2006 CASE STATUS: Hearing Held.
Jun. 15, 2006 Order of Pre-hearing Instructions.
Jun. 15, 2006 Notice of Hearing (hearing set for June 29, 2006; 9:00 a.m.; Tallahassee, FL).
Jun. 13, 2006 Letter to Judge Stevenson from M. McKown regarding dates available for the Final Hearing filed.
Jun. 12, 2006 Order Cancelling Hearing (parties to advise status by June 16, 2006).
Jun. 08, 2006 Amended Pre-hearing Stipulation filed.
Apr. 10, 2006 Pre-hearing Stipulation (signed) filed.
Apr. 07, 2006 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 13, 2006; 1:00 p.m.; Tallahassee, FL).
Apr. 07, 2006 Pre-hearing Stipulation (unsigned) filed.
Apr. 07, 2006 Motion to Continue filed.
Mar. 03, 2006 Order of Pre-hearing Instructions.
Mar. 03, 2006 Notice of Hearing (hearing set for April 11, 2006; 1:00 p.m.; Tallahassee, FL).
Feb. 16, 2006 Joint Response to Initial Order filed.
Feb. 16, 2006 Notice of Appearance filed.
Feb. 09, 2006 Petition for Formal Proceeding filed.
Feb. 09, 2006 Administrative Complaint filed.
Feb. 09, 2006 Agency referral filed.
Feb. 09, 2006 Initial Order.
Source:  Florida - Division of Administrative Hearings

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