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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs WILLIAM O. EDGAR, 06-002031PL (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002031PL Visitors: 5
Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: WILLIAM O. EDGAR
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Agriculture and Consumer Services
Locations: Viera, Florida
Filed: Jun. 12, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 28, 2006.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA fe oo fs oy DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES sy, “sy fF on HW fp, DEPARTMENT OF AGRICULTURE AND ADE Sin, "So CONSUMER SERVICES, DIVISION OF Ways 7p ‘De LICENSING, CARH pep Petitioner, O (o 2 O 3] PL Vv. CASE NO.: CD2006-0052 E 9800134 WILLIAM O. EDGAR, 2505736 Respondent. / ADMINISTRATIVE COMPLAINT COMES NOW the Department of Agriculture and Consumer Services, Division of Licensing, pursuant to Section 493.6121, Florida Statutes, and states that it is the licensing authority as defined therein, that it has statutory jurisdiction over the Respondent, and alleges: The name and last known address of the Respondent is: William O. Edgar Post Office Box 7153 Pensacola, Florida 32534 Respondent holds license number E 9800134, effective November 2, 2004, license number R 9800047, effective November 24, 2004, and license number ZR9800075, effective October 27, 1998, issued pursuant to Chapter 493, Florida Statutes. As set forth below, an investigation of Respondent by Petitioner has revealed facts that justify action provided for in Section 493.6118(2), Florida Statutes. Count I On or about April 10, 2005 in Brevard County, Florida, Respondent committed fraud, deceit, negligence or misconduct in the practice of regulated activities under Chapter 493, Florida Statutes, in that he allowed a motor vehicle, repossessed by him and in his custody, to be towed by a private wrecker service as an abandoned vehicle and subsequently sold at auction to him for the sum of $100.00. Count II On or about May 17, 2005 in Brevard County, Florida Respondent failed to obtain, prior to sale, written authorization and a negotiable title from the owner or lien holder to sell any repossessed motor vehicle, mobile home, or motorboat as required by Section 493.6405(1), Florida Statutes. Respondent is in violation of Section 493.6118(1)(u)4, Florida Statutes. Wherefore, Petitioner intends to take disciplinary action against the above referenced licenses pursuant to Section 493.6118(2), Florida Statutes. Dated this 19" day of January 2006. W. HL. “Buddy” Bevis, Director Division of Licensing NOTICE OF RIGHTS In accordance with Sections 120.569 and 120.57, Florida Statutes, you the Respondent may request a formal hearing or informal hearing, or may enter into a stipulation and settlement. In order to request a hearing, you must complete the enclosed Election of Rights form and file it to the Division of Licensing within 21 days of receipt of this complaint. If you request a formal hearing, you must also send a statement of the material facts alleged in this complaint that you dispute. To enter into a stipulation and settlement, sign and return the attached Stipulation and Settlement, which is an agreement to accept the suggested penalty without proceeding to a hearing. Failure to file the Election of Rights form with the Division of Licensing within 21 days of receipt of this administrative complaint shall be considered a waiver of your right to a hearing and shall result in the issuance of a final order without the benefit of a hearing. The final order will notify you of the right to appeal the final order pursuant to Section 120.68, Florida Statutes. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by return receipt mail on this 19"" day of January 2006 to William O. Edgar, Post Office Box 7153, Pensacola, Florida 32534, 1 iat { -j eel te MN Suzanne V. Estrella Assistant General Counsel Department of Agriculture and Consumer Services, Division of Licensing Post Office Box 3168 Tallahassee, FL 32315-3168 (850) 245-5506 AC

Docket for Case No: 06-002031PL
Issue Date Proceedings
Jul. 28, 2006 Order Closing File. CASE CLOSED.
Jul. 27, 2006 Notice of Dismissal filed.
Jul. 26, 2006 Order Allowing Testimony by Telephone.
Jul. 12, 2006 Notice of Taking Deposition filed.
Jul. 12, 2006 Motion for Witness to Appear by Telephone filed.
Jun. 23, 2006 Order of Pre-hearing Instructions.
Jun. 23, 2006 Notice of Hearing (hearing set for September 1, 2006; 9:00 a.m.; Viera, FL).
Jun. 22, 2006 Response to Initial Order filed.
Jun. 19, 2006 Notice of Withdrawal as Counsel and for Pro Se Substitution filed.
Jun. 12, 2006 Initial Order.
Jun. 12, 2006 Administrative Complaint filed.
Jun. 12, 2006 (Proposed) Stipulation and Settlement filed.
Jun. 12, 2006 Amended Answer to Administrative Complaint filed.
Jun. 12, 2006 Election of Rights filed.
Jun. 12, 2006 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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