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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs HOWARD FLOWERS, D/B/A TALLAHASSEE TRUCK SERVICE, 00-003794 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-003794 Visitors: 28
Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: HOWARD FLOWERS, D/B/A TALLAHASSEE TRUCK SERVICE
Judges: HARRY L. HOOPER
Agency: Department of Agriculture and Consumer Services
Locations: Tallahassee, Florida
Filed: Sep. 11, 2000
Status: Closed
Recommended Order on Wednesday, November 22, 2000.

Latest Update: May 23, 2001
Summary: The issue in this case is whether Respondent should be sanctioned for failure to renew his registration as a motor vehicle repair shop for the current year.Respondent refused to pay his motor vehicle repair shop renewal fee. A fine was recommended. Also recommended the Department of Community Affairs issue a cease and desist order.
00-3794.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


DEPARTMENT OF AGRICULTURE AND ) CONSUMER SERVICES, )

)

Petitioner, )

)

vs. ) Case No. 00-3794

)

HOWARD FLOWERS, d/b/a )

TALLAHASSEE TRUCK SERVICE, )

)

Respondent. )

)


RECOMMENDED ORDER


Notice was provided, and a formal hearing was held on October 12, 2000, at the Division of Administrative Hearings, in Tallahassee, Florida, and conducted by Harry L. Hooper, Administrative Law Judge with the Division of Administrative Hearings.

APPEARANCES


For Petitioner: Harold McLean, Esquire

Department of Agriculture and Consumer Services

515 Mayo Building

407 South Calhoun Street Tallahassee, Florida 32399-0800


For Respondent: No appearance

STATEMENT OF THE ISSUE


The issue in this case is whether Respondent should be sanctioned for failure to renew his registration as a motor vehicle repair shop for the current year.

PRELIMINARY STATEMENT


On July 21, 2000, the Division of Consumer Services of the Department of Agriculture and Consumer Services (Department), filed an Administrative Complaint in the case of Respondent Howard Flowers (Mr. Flowers), doing business as Tallahassee Truck Service. On July 29, 2000, Mr. Flowers demanded a formal hearing before the Division of Administrative Hearings. The formal hearing was held on October 12, 2000.

The Department offered one exhibit which was admitted into evidence. The Department presented the testimony of three witnesses.

A Transcript was filed on October 26, 2000. Proposed recommended orders were due on November 5, 2000. The Department requested an enlargement of the time for submission of its proposed recommended order, which was granted. The Department's Proposed Recommended Order was timely filed and duly considered. No response of any form has been received from Mr. Flowers.

FINDINGS OF FACT


  1. Pursuant to the Florida Motor Vehicle Repair Act, Sections 559.901 through 559.9221, Florida Statutes, the Department regulates the repair of motor vehicles in this state.

  2. Mr. Flowers held a motor vehicle repair shop license issued by the Department which was valid through February 8, 2000.

  3. On January 9, 2000, Mr. Flowers was provided with notice that his license was required to be renewed by February 8, 2000.

  4. In order to have his license renewed, Mr. Flowers was required to pay a renewal fee of $50.00. He did not pay the renewal fee by the due date.

  5. During the period January 9, 2000, through September 21, 2000, in a continuing effort to persuade Mr. Flowers to renew his license, the department sent Mr. Flowers four letters, made three visits to the premises, and contacted the business at least nine times telephonically.

  6. Subsequent to his failure to renew his license, Mr.


    Flowers has continued to operate his vehicle repair facility and has, on at least three occasions, operated his motor vehicle repair shop by working on motor vehicles for compensation.

    CONCLUSIONS OF LAW


  7. The Division of Administrative hearings has jurisdiction over the parties and the subject matter pursuant to Section 120.57(1), Florida Statutes.

  8. The party seeking to prove the affirmative of an issue has the burden of proof. Florida Department of Transportation v. J.W.C. Company, Inc., 396 So. 2d 778 (Fla. 1st DCA 1981) and Balino v. Department of Health and Rehabilitative Services, 348

    So. 2d 349 (Fla. 1st DCA 1977). Therefore, the burden of proof is on the Department.

  9. Because the effect of the action sought by the Department is suspension or revocation of a valuable business license, the Department must prove its case by clear and convincing evidence. Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987).

  10. Section 559.904(8), Florida Statutes, provides that motor vehicle repair shop licenses must be renewed annually. It further provides that the Department may not issue the license until required fees are paid.

  11. Section 559.904(10), Florida Statutes, provides that the Department may refuse to renew the registration of a motor vehicle repair shop if the shop has failed to meet the requirements for registration.

  12. Section 559.920(1), Florida Statutes, provides that it is an unlawful practice to engage in repair work for compensation without being registered with the department or having submitted an affidavit of exemption to the Department.

  13. Section 559.921, Florida Statutes, provides for penalties including a fine not to exceed $1,000 per incident and an order to cease and desist.

RECOMMENDATION


Based upon the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED that Petitioner enter a final order finding Respondent guilty of operating a motor vehicle repair shop without a license on three occasions, imposing a fine of $3,000, and ordering the Respondent to cease and desist engaging in the repair of motor vehicles.

DONE AND ENTERED this 22nd day of November, 2000, in


Tallahassee, Leon County, Florida.


HARRY L. HOOPER

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 22nd day of November, 2000.


COPIES FURNISHED:


Howard Flowers Tallahassee Truck Service 3321 Garber Drive

Tallahassee, Florida 32303


Harold McLean, Esquire Department of Agriculture

and Consumer Services

407 South Calhoun Street Mayo Building, Room 515

Tallahassee, Florida 32399-0800


Richard D. Tritschler, General Counsel Department of Agriculture

and Consumer Services

The Capitol, Plaza Level 10 Tallahassee, Florida 32399-0810


Honorable Bob Crawford Commissioner of Agriculture Department of Agriculture

and Consumer Services

The Capitol, Plaza Level 10 Tallahassee, Florida 32399-0810

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS


All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.


Docket for Case No: 00-003794
Issue Date Proceedings
May 23, 2001 Final Order filed.
Nov. 22, 2000 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Nov. 22, 2000 Recommended Order issued (hearing held October 12, 2000) CASE CLOSED.
Nov. 22, 2000 Second Motion for Additional Time to File Proposed Findings of Fact and Conclusions of Law (filed by Petitioner via facsimile).
Nov. 17, 2000 Proposed Recommended Order (filed by Petitioner via facsimile).
Nov. 09, 2000 Order issued (Petitioner shall file its Proposed Recommended Order by 11/16/2000)
Nov. 08, 2000 Motion for Additional Time to File Proposed Findings of Fact and Conclusions of Law (filed by Petitioner via facsimile).
Oct. 26, 2000 Notice of Filing Transcript filed.
Oct. 26, 2000 Transcript (Volume 1) filed.
Oct. 12, 2000 CASE STATUS: Hearing Held; see case file for applicable time frames.
Sep. 19, 2000 Notice of Hearing issued (hearing set for October 12, 2000; 9:00 a.m.; Tallahassee, FL).
Sep. 18, 2000 Response to Initial Order (filed by Petitioner via facsimile).
Sep. 11, 2000 Contact Checklist filed.
Sep. 11, 2000 Information About the Location to be Registered (Garber Dr.) filed.
Sep. 11, 2000 Information About the Location to be Registered (Garber Dr.) filed.
Sep. 11, 2000 Information about the Location to be Registered (Garber Drive) filed.
Sep. 11, 2000 Imformation About the Location to be Registered (Moore Circle) filed.
Sep. 11, 2000 Notice of Rights and Hearing Request Form filed.
Sep. 11, 2000 Investigative Results filed.
Sep. 11, 2000 Agency referral filed.
Sep. 11, 2000 Initial Order issued.

Orders for Case No: 00-003794
Issue Date Document Summary
May 22, 2001 Agency Final Order
Nov. 22, 2000 Recommended Order Respondent refused to pay his motor vehicle repair shop renewal fee. A fine was recommended. Also recommended the Department of Community Affairs issue a cease and desist order.
Source:  Florida - Division of Administrative Hearings

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