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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs ABA TRAVL AND ENT., INC., 10-000099 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000099 Visitors: 19
Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: ABA TRAVL AND ENT., INC.
Judges: JUNE C. MCKINNEY
Agency: Department of Agriculture and Consumer Services
Locations: Miami, Florida
Filed: Jan. 11, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 25, 2010.

Latest Update: Dec. 24, 2024
} Florida Department of Agriculture & Consumer Services 4s | CHARLES H. BRONSON, Commissioner f The Capitol e Tallahassee, FL 32399-0800 October 19, 2009 VIA UPS GROUND: | p- CCF q ABA Travl & Ent. Inc. Case No: 0909-36896 Mr. Manuel Lora, Registered Agent Agency Clerk Ref: A64405 825 Brickell Bay Dr. Ste. 851 Miami, FL 33131-2918 SUBJECT: Administrative Complaint Dear Mr. Lora: 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): Section 559.9335(1), Florida Statutes, operating as a seller of travel without first being registered with the Department. Specifically, the business continued to operate as a seller of travel after the registration expired on July 19, 2009, and prior to the issuance of the renewed registration on September 30, 2009 SETTLEMENT At this time the Department is willing to settle this matter as follows: ABA Travl & Ent. Inc., within 21 days of the receipt of this letter, shall pay an administrative fine of One Thousand Dollars ($1,000.00), and immediately shall submit a completed Registration Form, required surety and appropriate registration fee. Monies should be submitted in the form of certified check or money order made out to the Department of Agriculture and Consumer Services. 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. DACS-01273 Rev. 10/06 Page | of 3 H F ? f ABA Travl & Ent. Inc. Case No: 0909-36896 October 19, 2009 Page Two Agency Clerk Ref: A64405 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 qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if a hearing is requested. Your request for hearing must contain your name and address for purposes of service, a statement requesting either a hearing involving disputed issues of material fact or a hearing not involving disputed issues of material fact, and a reference to this administrative complaint. If 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 request 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 request 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. FURTHER INFORMATION If you wish to discuss this matter, please contact Compliance Officer, Robert Carruthers at 850-410-3686. Sincerely, CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE Hone Soon idm Gary Singleton, Chief Bureau of Mediation and Enforcement GS/re 48U867 OCT 19, 2009 __ ALL CURR USD 1 OF 1 SERVICE GNDCOM ACT WT 1.@ LBS Enclosures: TRACKINGH 1249118674257805182 OGRAM : —_. Copy of Statutes one cOOE 7 ___ Notice of Rights HANDLING CHARGE ©.00 SINGLE-PIECE PUB RATE CHRGS: svc 5.01 USD DV 2.00 cod 0.00 RS 0.00 DC 2.75 DGD 0.00 SD 0.00 AH 0.20 PRs @.00 SP 0.00 DACS-01273 Rev.10/06 TOT PUB CHG 7.76 PUB+HANDLING 7.76 Page 2 of 3 ) 3 Florida Department of Agriculture & Consumer Services CHARLES H. BRONSON, Commissioner The Capitol ¢ Tallahassee, FL 32399-0800 October 19, 2009 SETTLEMENT AGREEMENT ABA Travl & Ent. Inc. Case No: 0909-36896 Mr. Manuel Lora, Registered Agent Agency Clerk Ref: A64405 825 Brickell Bay Dr. Ste. 851 Miami, FL 33131-2918 I hereby agree to settle the violations stated in the Administrative Complaint dated October 19, 2009, as follows (check one): I agree to pay the fine amount of $1,000.00, register with the Department as a Seller of Travel, execute and return this agreement, and comply with all laws and rules contained in the Florida Seller of Travel Act, Sections 559.926-559.939, Florida Statutes. I agree to pay the fine of $1,000.00 and immediately cease doing business as a Seller of Travel. I further agree that if I fail to comply with the terms of this settlement the Department will enter a Final Order imposing the maximum penalties authorized by Florida law, and may seek additional remedies in court. Name (please print) Legal Name of Business Signature Date Title Telephone ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT. Seller Of Travel RETURN ADDRESS: . : Org Code: 42100702000 A2 Department of Agriculture & Consumer Services Object Code: 012052 ($1,000.00) Post Office Box 6700 Tallahassee, Florida 32399-6700 Agency Clerk Number: A64405 Org Code: 42100602000 A2 Object Code: 001109 ($300.00) (re) DTN: 1893635 DACS-01273 Rev.10/06 Page 3 of 3

Docket for Case No: 10-000099
Issue Date Proceedings
Mar. 25, 2010 Order Closing File. CASE CLOSED.
Mar. 25, 2010 Notice of Voluntary Dismissal and of Rescinding Administrative Complaint filed.
Jan. 20, 2010 Order Directing Filing of Exhibits
Jan. 20, 2010 Order of Pre-hearing Instructions.
Jan. 20, 2010 Notice of Hearing by Video Teleconference (hearing set for April 15, 2010; 9:00 a.m.; Miami and Tallahassee, FL).
Jan. 15, 2010 Joint Response to Initial Order filed.
Jan. 11, 2010 Initial Order.
Jan. 11, 2009 Petitioner's First Requests for Admission filed.
Jan. 11, 2009 Summary Order on Respondent's Request for Subpoenas filed.
Jan. 11, 2009 Notice of Serving Petitioner's First Set of Interrogatories filed.
Jan. 11, 2009 Request for Administrative Hearing filed.
Jan. 11, 2009 Administrative Complaint filed.
Jan. 11, 2009 Letter to M. Lora from E. Miller regarding enclosed pleadings filed.
Jan. 11, 2009 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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