oe oe os O-H4A8/ STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES STATE OF SLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, Petitioner, FDACS NO. 2000-0119 Registration No. ST-31198 o VS. - zr DELGADO TRAVEL OF NEW YORK, INC., = pad ~” & Respondent. ~ PY for \ Ee Neat ADMINISTRATIVE COMPLAINT ba ADMINIS ERO Petitioner, STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, files this administrative complaint against Respondent, DELGADO TRAVEL OF NEW YORK, INC. and alleges as follows: 1. Petitioner, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (hereafter DEPARTMENT), is an agency of the State of Florida with the authority to enforce the provisions of Sections 559.926-559.939, Florida Statutes cited as the “Florida Sellers of Travel Act” 2. Respondent, is registered with the Department as a seller of travel and has been assigned travel registration certificate number ST-31198. 3. Respondent is transacting business at 4214 West 16 Street, Hialeah, Florida 30312. | 4. On the application for a seller of travel registration by Respondent, HECTOR DELGADO is listed as owner of Respondent. The application further has a date of October 22, - Page 1 of 6 ww) 7 ww 1999, when Respondent began business as a seller of travel. Respondent’s application is attached as Exhibit “1". 4. On the renewal application for a seller of travel registration by Respondent, HECTOR DELGADO is listed as owner of Respondent. The renewal application has a date of October 2, 2000. Respondent’s renewal application is attached as Exhibit “2". 5. Section 559.9335(3), Florida Statutes (1999), makes it unlawful for a seller of travel to knowingly make any false statement, representation, or certification in any application, document, or record required to be submitted or retained under this “Florida Sellers of travel Act.” 6. On the application and renewal application filed by Respondent, Hector Delgado, owner and President, verified that no director, general partner or owner has ever been convicted of a crime involving fraud, dishonest dealing, or any other act of moral turpitude. 7. The Department has learned through a background check that Hector Delgado does have en arrest and conviction record for fraudulent dealings and crimes of moral turpitude. 8. The verifications provided by Respondent were false. 9. Respondent violated Section 559.9335(3), Florida Statutes, by knowingly misrepreseating that no director, general partner or owner had ever been convinced of actime involving fraud, dishonest dealing, or any other act of moral turpitude in his application ne renewal application for registration. 10. Section 559.9355, Florida Statutes provides that the Department may enter an order canceling registration if it finds that a person has violated any of the provisions of the Florida Sellers of Travel Act. ‘Page 2 of 6 . es . w) 11. Section 559.9355, Florida Statutes (1999), authorizes the Department to impose penalties, which may include the imposition ofa fine not to exceed $5,000 per violation for each act or omission, canceling or suspending a registration, probation, or other penalties if the Department finds a seller of travel has violated any provision of the Florida Seller of Travel Act. WHEREFORE, Respondent is hereby notified that the Commissioner of Agriculture and Consumer Services intends to enter a Final Order for one or more of the following: (A) Cancellation of Registration Number ST-31198. (B) _ suspending the registration. (C) directing that Respondent cease and desist seller of travel activities. (D) an administrative fine in an amount of $5,000.00 for each act or omission which constitutes a violation, for a total of $10,000. NOTICE OF RIGHTS YOU HAVE THE RIGHT, UNDER SECTION 120.57, FLORIDA STATUTES TO CONTEST THE CHARGES THAT HAVE BEEN ALLEGED IN THIS ADMINISTRATIVE COMPLAINT. PLEASE REFER TO THE ATTACHED TWO PAGE NOTICE OF RIGHTS. YOU HAVE THE RIGHT TO ASK FORA HEARING IMMEDIATELY AND NOT WAIT 21 DAYS TO REQUEST THE HEARING. CHARLES H. BRONSON __ ASSISTANT COMMISSIONER | RE ORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Page 3 of 6

Docket for Case No: 01-004281