DIVISION OF CONSUMER SERVICES

(850) 922-2966

THE RHODES BUILDING

2005 APALACHEE PARKWAY

TALLAHASSEE, FLORIDA 32399-6500

\

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

COMMISSIONBR ADAM,'.}\i. R,\lTNS.MI-' \2: 5

VIA UPS GROUND:

Daniel Auto Upholstery, Inc.

Ms. Ana L. Moffat, Registered Agent 304 Palermo Street, 1st Floor

Coral Gables, FL 33134

SUBJECT: Administrative Complaint

Dear Ms. Moffat:

INVESTIGATIVE RESULTS

Case No: 1101-01916

Agency Clerk Ref: A72073

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:

It has been determined that you are currently operating a motor vehicle repair shop, as defined by Section 559.903, Florida Statutes, without being properly registered with the Department. It is a violation of Section 559.920(17), Florida Statutes, to fail to comply with Section 559.904, Florida Statutes, for any motor vehicle repair shop to engage in or attempt to engage in the business of motor vehicle repair without first being registered with the Department. Specifically, the business was found operating on March 4, 2011, after the registration expired on January 12, 2011.

SETTLEMENT

At this time the Department is willing to settle this matter as follows:

Daniel Auto Upholstery, Inc. shall, within 21 days of the receipt of this letter, pay an administrative fine of Three Hundred Dollars ($300.00), and a late fee of Twenty-five Dollars ($25.00), and shall immediately submit a completed Registration Form, the current Estimate and Invoice Form, and the 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 ofreceipt 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.OJ/I I

Page I of2

Daniel Auto Upholstery, Inc. March 14, 2011

Page Two

Ca:..:; 1.1qo: 1101-01916

Agency Clerk Ref: A72073

ADMINISTRATIVE HEARING AVAILABLE

If you wish to contest the Department's findings, you have the right to request an

administr-ative-hearin to···be-conducted----in-aeeerilanee-with·-See-tiens-·11M69--and---1-20.5+,-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, Deborah McFadden

at 850-410-3685.

Sincerely,

ADAM H. PUTNAM

COMMISSIONER OF AGRICULTURE

/ J2. k

:O'l,S<ssiJ:nt Director

Division of Consumer Services

AT/dkm --------...

Enclosures:        ,x _ Copy of Registration Form

     ,x"'--- Notice of Rights

4AW867 MAR 14, 2011 ALL CURR USO SVC GNDCOM ACT WT 1.0 LBS TRACKING# 1Z4AW8674243184049

PROGRAM CODE: MVR

ORG CODE: 7

HANDLING CHARGE 0.00

SINGLE-PIECE PUB RATE CHRGS: SVC

DV 0.00 COD 0.00 RS

DC 3 . 25 DGD 0.00 SD

AH 0 . 00 PR 0.00 SP

TOT PUB CHG 9.12 PUB+HANDLING

1 OF 1

5 .87 USO

0.00

0.00

0.00

9 .12

DACS-01273 Rev.01/11

Page 2 of2

l

1

DIVISION OP CONSUMER SERVICt-_

(850) 922-2966

THE RHODES BUILDING

2005 APALACHEE PARKWAY

TALLAHASSEE, FLORIDA 32399-6500

'l ? -',

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSTJ; ER Sill\JiO S

'1 ,,,

COMMISSIONER ADAM H. PUTNAM "t.i/ /D." .. j

March 14, 2011

SETTLEMENT AGREEMENT

Daniel Auto Upholstery, Inc.

Ms. Ana L. Moffat, Registered Agent 304 Palermo Street, 1st Floor

Coral Gables, FL 33134

Case No: 1101-01916

Agency Clerk Ref: A72073

I hereby agree to settle the violations stated in the Administrative Complaint dated March 14, 2011, as follows (check one):

I agree to pay the administrative fine of $300.00, the late fee of $25.00, and submit a completed Registration Form, my current Estimate and Invoice form, and the appropriate registration fee, execute and return this agreement, and comply with all laws and rules contained in the Florida Motor Vehicle Repair Act, Sections 559.901-559.9221, Florida Statutes.

I agree to pay the administrative fine of $300.00 and immediately cease doing business as a Motor Vehicle Repair Shop.

I further agree that if I fail to comply with the terms of this settlement the Department may 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

Motor Vehicle Repair

Org Code: 42100704000-A2

Object Code:. 012052 ($300.00)

Agency Clerk Number: A72073

Org Code: 42100604000-A2

Object Code: 001161

Object Code: 012020 ($25.00) DTN: 2154028

ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT.

RETURN ADDRESS:

Department of Agriculture & Consumer Services Post Office Box 6700

Tallahassee, Florida 32399-6700

(dkm)

DACS-01273Rev.01/11

Page 1 of I

Docket for Case No: 11-001926