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.
|