STATE OF FLORIDA DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA CRAZY BUFFET IN WEST PALM BEACH, INC., ) s ) Petitioner, ) ) vs. ) CASE NO. 05-0986 . ) (DOAH) A FLORIDA DEPARTMENT OF REVENUE ) }DOR 05-4-FOF Respondent. ) ) FINAL ORDER This cause came before me, as Executive Director of the Florida Department of Revenue (the Department) for the purpose of issuing a final order. The Administrative Law Judge assigned by the Division of Administrative Hearings issued a Recommended Order of Dismissal to the Florida Department of Revenue (“Department”). A copy of that Recommended Order of Dismissal issued on the 28" day of April, 2005, by Administrative Law Judge Daniel Manry is attached to this Final Order and incorporated by reference as if fully set forth herein. No exceptions were filed to the Recommended Order. Based on the forgoing, it is ORDERED: The Administrative Law Judge’s Recommended Order of Dismissal is adopted. DONE AND ENTERED in Tallahassee, Leon County, Florida this_/ ot" day of f ) lau ; , 2005. STATE OF FLORIDA DEPARTMENT OF REYENUE CERTIFICATE OF FILING I HEREBY CERTIFY that the foregoing FINAL ORDER has been filed in the official records of the Department of Revenue this_/]7day of May. 2005. Any party to this Order has the right to seek judicial review of the Order pursuant to Section 120.68, Florida Statutes, by filing a Notice of Appeal pursuant to Rule 9.110 Florida Rules of Appellate Procedure, with the Clerk of the Department of Revenue in the Office of the General Counsel, Post Office Box 6668, Tallahassee, Florida 32314- 6668, and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this Order is filed with the Clerk of the Department. Copies furnished to: Daniel Manry, Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Tony Peng Crazy Buffet 2030 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409-6502 Tony Peng Crazy Buffet 2702 North Dale Mabry Highway Tampa, Florida 33607 J. Bruce Hoffmann, General Counsel Isabel Nogues, Assistant General Counsel] Department of Revenue 204 Carlton Building Tallahassee, Florida 323 14-6668 Jim Zingale, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CRAZY BUFFET IN WEST PALM BEACH, INC., Petitioner, vs. Case No. 05-0986 DEPARTMENT OF REVENUE, Respondent. RECOMMENDED ORDER OF DISMISSAL On April 18, 2005, Petitioner filed a Motion to Dismiss. Respondent did not file a response within the time authorized by rule for responding to the Motion. Having reviewed the record in this proceeding and being advised in the premises, it is RECOMMENDED that a final order be entered dismissing the petition filed in this cause for the reasons stated in the Motion to Dismiss, which are incorporated by reference in this Order. The file of the Division cf Administrative Hearings is closed. The matter is referred to the referring agency for final disposition. RECEIVED APR 29 2005 DEPARTMENT OF REVENUE OFFICE OF GENERAL COUNSEL James Zingale, Executive Director Department of Revenue 104 Carlton Building Tallahassee, Florida 32399-0100

Docket for Case No: 05-000986