Judges: STEPHEN F. DEAN
Agency: Department of Agriculture and Consumer Services
Latest Update: Mar. 21, 1980
Summary: Petitioners were not licensed when fined by Respondent. Refund fine. Respondent has no authority to fine an unlicensed person.
79-1987.PDF
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
JOHN M. WEAVER, AUTOMOBILE ) RECOVERY BUREAU OF FLORIDA, INC., )
)
Petitioner, )
)
vs. ) CASE NO. 79-1987
)
SECRETARY OF STATE, )
DIVISION OF LICENSING, )
)
Respondent. )
)
RECOMMENDED ORDER
This case was heard pursuant to notice on February 5, 1980, by Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings. This case arose upon the request of Weaver and Automobile Recovery for an administrative hearing on a $200 civil penalty levied by the Department of State on September 4, 1979, for the Petitioner's alleged operation without a license.
APPEARANCES
For Petitioner: John M. Weaver, pro se
Automobile Recovery Bureau of Florida, Inc.
Post Office Box 18452 Tampa, Florida 33679
For Respondent: W. J. Gladwin, Jr., Esquire
Assistant General Counsel Department of State
The Capitol
Tallahassee, Florida 32301
Prior to testimony on the charges, the Petitioner moved for a judgment in its favor on the grounds that the Department of State lacked authority to levy the fine because at the time the fine was levied Petitioner was not a licensee. The Petitioner was permitted to present evidence on this limited issue.
FINDINGS OF FACT
On September 4, 1979, the Department of State levied a $200 civil fine against Weaver and Automobile Recovery by its letter of that date.
As of that date, the Petitioner was not licensed by the Department of State under Chapter 493, Florida Statutes.
The $200 fine was paid, and a formal hearing was requested.
CONCLUSIONS OF LAW
Section 493.02, Florida Statutes, provides for the Department's authority to levy civil penalties up to $1,000. However, this section limits that authority to assess such fines to licensees. The evidence is uncontroverted that on September 4, 1979, the Petitioners were not licensees.
It is inherent that the Department can only exercise those authorities granted it by the Legislature. The Legislature has limited the authority to levy fines only to those licensed under Chapter 493, Florida Statutes. The Department lacks authority to fine an unlicensed person. The action taken in this instance was unauthorized, and the Department lacks the necessary jurisdiction over Petitioners to assess the civil penalty.
RECOMMENDATION
Based on the foregoing Findings of Fact and Conclusions of Law, the Hearing Officer would recommend that the fine be set aside and the $200 be repaid to the Petitioners.
This recommended in no way constitutes a ruling or finding on the underlying grounds upon which the fine was assessed.
DONE AND ENTERED this 13th day of February 1980 in Tallahassee, Leon County, Florida.
STEPHEN F. DEAN
Hearing Officer
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
COPIES FURNISHED:
Mr. John M. Weaver
Automobile Recovery Bureau of Florida, Inc.
Post Office Box 18452 Tampa, Florida 33679
W. J. Gladwin, Jr., Esquire Assistant General Counsel Department of State
The Capitol
Tallahassee, Florida 32301
Docket for Case No: 79-001987
Orders for Case No: 79-001987
| Issue Date |
Document |
Summary |
|
Mar. 19, 1980 |
Agency Final Order
|
|
|
Feb. 13, 1980 |
Recommended Order
|
Petitioners were not licensed when fined by Respondent. Refund fine. Respondent has no authority to fine an unlicensed person.
|
