Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: ALL MY SONS MOVING AND STORAGE OF BRADENTON, INC.
Judges: DANIEL M. KILBRIDE
Agency: Department of Agriculture and Consumer Services
Locations: Bradenton, Florida
Filed: Oct. 05, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 17, 2007.
Latest Update: Dec. 23, 2024
Florida Department of Agriculture & Consumer Services
CHARLES H. BRONSON, Commissioner
The Capitol ® Tallahassee, FL 32399-0800
August 10, 2007
VIA UPS GROUND:
All My Sons Moving & Storage b T . | (OT Case No: 0706-17294
of Bradenton, Inc Agency Clerk Ref: A50740
Mrs. Betty Peterson, President
7455 16" Street East
Bldg A Suite 109
Sarasota, FL 34243
SUBJECT: Administrative Complaint
Dear Mrs. Peterson:
INVESTIGATIVE RESULTS
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An investigation was conducted by the Department of Agriculture and Consumer
Services (“Department”). As a result of the investigation, the Department found the following
violation:
§507.05 (5) Florida Statutes, Before providing any moving or accessorial
services, a contract and estimate must be provided to a prospective shipper in
writing, must be signed and dated by the shipper and the mover, and must include:
An itemized breakdown and description and total of all cost and services for
transportation and accessorial services to be provided during a move or storage of
household goods.. The facts that support this allegation are as Jollows: All My
Sons Moving & Storage of Bradenton, Inc. provided customers with contracts
prior to the move that did not include the total cost and itemization of services and
costs, but included a “do not exceed” price in the balance due (multiple other
contracts were found conducted in the same fashion). The business wrote in the
total cost once the move was completed and total hours calculated.
§507.07 (6) (a) Florida Statutes, include in any contract any provision purporting
to waive or limit any right or benefit provided to shippers under this act. The
Jacis supporting the allegations are as follows: On multiple dates, All My Sons
Moving & Storage of Bradenton, Inc. conducted intrastate moves that required
consumers to sign an estimate/contract that contained the provisions purporting to
waive or limit rights or benefits provided to the shipper within AMS’ Terms and
Conditions.
SETTLEMENT
At this time the Department is willing to settle this matter as follows:
All My Sons Moving & Storage of Bradenton, Inc., shall, within 21 days of the receipt of
this letter, pay an administrative fine of Five Thousand Dollars ($5,000.00); Monies should be
submitied in the form of certified check or money order made out to the Department of
Agriculture and Consumer Services,
4AW867
All My Sons Moving & Storage of Bradenton, Inc Case No: 0706-17294
Page Two
If this settlement is acceptable, please indicate your acceptance by signing the Settlement
Agreement and return the signed Settlement Agreement along with your payment and all other
documents required for settlement in the enclosed envelope within twenty-one (21) days of
receipt of this letter. Acceptance of this settlement and the timely return to the Department of all
settlement documents will conclude this matter.
ADMINISTRATIVE HEARING AVAILABLE
If you wish to contest the Depariment’s findings, you have the right to request an
administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida
Statutes, to be represented by counsel or other qualified representative, to present evidence and
argument, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum
issued on your behalf if a hearing is requested. Your request for hearing must contain your name
and address for purposes of service, a statement requesting either a hearing involving disputed
issues of material fact or a hearing not involving disputed issues of material fact, and a reference
to this administrative complaint. If you request a hearing the offer of settlement is withdrawn
and you may receive a more severe penalty,
DEADLINE TO REQUEST AN ADMINISTRATIVE HEARING
Your request for a hearing must be received within twenty-one (21) days of receipt
of this letter. .
FAILURE TO SETTLE OR REQUEST AN ADMINISTRATIVE HEARIN G
If you fail to settle or fail to request an administrative hearing within the twenty-one (21)
day deadline, you waive your right to a hearing and the Department may enter a Final Order
revoking your registration and imposing up to the maximum penalties as authorized by Florida
law. The Department will also forward this information to the appropriate State Attorney’s
Office for criminal prosecution.
FURTHER INFORMATION
If you wish to discuss this matter, please contact Investigator Cochran, at 813-901-1001
AUG 10, 2007 ACT WT 1.0LBS 4PK 1
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Gary Singleton, Chief
Bureau of Mediation and Enforcement
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Enclosures:
Copy of Statutes/Registration Form
Notice of Rights
Florida Department of Agriculture & Consumer Services ....
CHARLES H. BRONSON, Commissioner FILED
The Capitol © Tallahassee, FL 32399-0800 be
1007 OCT 5 A I: 29
_ August 10, 2007 . 2 Ivision oe
SETTLEMENT AGREEMENT Hee [RAT VE
All My Sons Moving & Storage Case No: 0706-17294
of Bradenton, Inc
Mrs. Betty Peterson, President
7455 16" Street East
Bldg A Suite 109
Sarasota, FL 34243
Agency Clerk Ref: A50740
I hereby agree to settle the violations stated in the Administrative Complaint dated
August 10, 2007, as follows (check one):
Tagree to pay the fine of $5,000.00, and to hereafter comply with all laws contained in the
Florida Household Moving Services Statute.
T agree to pay the administrative fine of $5,000.00 and immediately cease doing business
as an intrastate mover of household goods in Florida.
I further agree that if I fail to comply with the terms of this settlement the Department
will enter a Final Order imposing the maximum penalties authorized by Florida law, and may
seek additional remedies in court.
Name (please print) Legal Name of Business
Signature Date
Title Telephone
ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT.
RETURN ADDRESS:
Household Moving Services
Org Code: 42100713000 A2
Object Code: 012052 ($5,000.00)
Agency Clerk Number: A50740
Department of Agriculture & Consumer Services
Post Office Box 6700
Tallahassee, Florida 32399-6700
Org Code: 42100613000:A2
Object Code: 001022
. QC) DIN:
Case Name: All My Sons Moving & Storage of Bradenton, Inc
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Agency Clerk No:A50740 DOCS Investigation Case No:0706-17294 % & ‘
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FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES s ;
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NOTICE OF RIGHTS AND HEARING REQUEST FORM “ “4 S75 o. 7)
(pursuant to Chapter 120, Florida Statutes) Ndi ‘
You may request a hearing where you do not dispute the facts (Informal Hearing) or a hearing to dispute
the facts (Formal Hearing), Your choice must be made within twenty-one (21) days. Failure to comply
with the twenty-one (21) day deadline may result in a default being entered against you, Mediation
pursuant to Chapter 120, Florida Statutes is not available,
INFORMAL HEARING
If you do not dispute or wish to contest the facts in the administrative complaint, but wish to object to the
agency action, i.e. the application of the law to the facts or the proposed penalty, you should choose this
option. An informal hearing is an informal proceeding before the Department whereby you will have the
opportunity to be represented by counsel, to present written or oral evidence in opposition to the
Department's proposed action, or to present a written statement challenging the grounds upon which the
Department is justifying its actions, You will have the Opportunity to discuss settlement at the informal
hearing.
FORMAL HEARING
If you dispute the facts in the administrative complaint you should choose a formal hearing, Formal
hearings are like non-jury trials, and are held before an administrative law judge. At a formal hearing,
you will have the opportunity to be represented by counsel, to present evidence and argument on allt
issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings
of facts and orders, and to file exceptions to the administrative law judge’s recommended order.
If you choose a formal hearing, the Division will refer your file to the Department’s legal staff for
handling. Please note that the administrative complaint may be amended to increase the violations or the
proposed penalty, Your case will then be forwarded to the Division of Administrative Hearings for
assignment of an administrative law judge. You will ordinarily be required to appear in person,
HEARING SELECTION
Please check whether you want an informal or formal hearing, and fill out the information on the reverse
side of this form.
[] INFORMAL HEARING REQUESTED,
For your informal hearing, please check:
| wish to appear in person and submit documents at or before the hearing,
£] 1 wish to participate by telephone conference and submit documents prior to the
hearing date.
[] 1 wish only to submit a written statement.
(NOTE: Any documents not received Prior to the hearing will not be considered}
0] FORMAL HEARING REQUESTED.
Case Name: All My Sons Moving & Storage of Bradenton, Inc Z,
Agency Clerk No:A50740 DOCS Investigation Case No:0706-17294 = o>
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HEARING INFORMATION REQUEST Gig Lys
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Please type or print the information requested. ny, apy . > >
Apa
Name: Telephone / ko
Address:
Business Name:, Telephone
Business Address:
Name of Legal Counse! or Representative:
Address: Telephone
Please state how your substantial interests will be affected by the Department’s determination.
Please state when and how you received your notice of the Department’s administrative complaint or decision,
Give a concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or
modification of the Department's proposed action.
Give a statement of the specific rules or statutes you contend requires reversal or modification of the Department’s
proposed actions.
Please describe briefly the relief you are seeking and what action do you propose to have the Department take with
respect to the Department’s proposed action.
FOR A FORMAL HEARING-
List all disputed issues of material facts and if none so indicate.
Date
Signature for Individual
Signature for Corporation and Title (ie, President, VP, Sec, Treas,)
eee Date:
RETURN ADDRESS
Department of Agriculture & Consumer Services
Office of Investigations
Terry L, Rhodes Building
2005 Apalachee Parkway, Room 122
Tallahassee, Florida 32399-6500
ATTN: Jeremy Cochran, Investigator
Office: (813) 901-1001
. FAX: (850) 410-3801
Docket for Case No: 07-004607