Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: TOUCHPOLL, INC.
Judges: JEFF B. CLARK
Agency: Department of Agriculture and Consumer Services
Locations: Orlando, Florida
Filed: Feb. 20, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 10, 2008.
Latest Update: Dec. 24, 2024
Flori Department of Agriculture & Consu. ar otrvices
CHARLES H. BRONSON, Commissioner &
The Capitol ¢ Tallahassee, FL 32399-0800
November 5, 2007
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Touchpoll, Inc. . Case No: 0710-31876
Mr. Alton C. Loudermilk, Registered Agent ° No: :
700 Melrose Ave, B-2 . Agency Clerk Ref: A52444
Winter Park, FL 32789
SUBJECT: Administrative Complaint
Dear Mr. Loudermilk:
INVESTIGATIVE RESULTS
__ 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:
It has been determined that you are currently operating as a seller of a business opportunity as
defined by Section 559.801, Florida Statutes, without being properly registered with the
Department. Every seller of a business opportunity is required to annually file with the
department in accordance with Section 559.805, Florida Statutes, which filing shall include a
copy of the disclosure statement required by Section 559.803, Florida Statutes, prior to
placing an advertisement or making any other representation designed to offer to, sell to, or
solicit an offer to buy a business Opportunity from a perspective purchaser in this state and
shail update this filing by reporting any material change in the required information with 30
“days after the material change occurs, ; :
SETTLEMENT
At this time the Department is willing to settle this matter as follows:
Touchpoll, Inc., shall, within 21 days of the receipt of this letter, pay an administrative fine of
Three Thousand Dollars ($3,000.00), and shall immediately submit a completed Registration Form,
supporting documents and appropriate registration fee. Monies should be submitted in the form of -
certified check or money order made out to the Department of Agriculture and Consumer Services.
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 retum to the Department of all settlement
documents will conclude this matter. :
DACS-01273 Rev.10/06
Page I of 3
AS
Touchpoll, Inc. » ? CN. d710-31876
November 5, 2007 :
Page Two . Agency Clerk Ref: A52444
ADMINISTRATIVE HEARING AVAILABLE
If you wish to contest the Department’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 tequested. Your request for hearing must contain your name and
address for purposes of service, a statement Tequesting 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 HEARING
. Ifyou 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 imposing up.
to the maximum penalties as authorized by Florida law.
FURTHER INFORMATION
If you wish to discuss this matter, please contact Compliance Officer, Donna M. Muley at
850-410-3760. : , ;
“NOV 06, 2007 ALL CURR USD 10F 1
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TRACKINGH 124AN8674243055143 Sincerely,
PROGRAM CODE: BOP
Ong CODE: 7 CHARLES H. BRONSON
HANDLING CHARGE 0.0 .
SINGLE-PIECE REF RATE CHRGS: SVC 4.29 USD COMMISSIONER OF AGRICULTURE |
DV 0.00 © cop 0.00 RS 0.00
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Gary Singleton, Chief
Bureau of Mediation and Enforcement
GS/dmm
Enclosures:
Copy of Statutes/Registration Form
Notice of Rights .
DACS-01273 Rev.10/06
Page 2 of 3
Flori¢ Devdrtment of Agriculture & Consu. x odrvices
CHARLES H. BRONSON, Commissioner
The Capitol © Tallahassee, FL 32399-0800 ay,
November 5, 2007 , . & &
SETTLEMENT AGREEMENT Kiso, Vp
Touchpoll, Inc. ° Case No: 0710-31876
Mr. Alton C. Loudermilk, Registered Agent ; :
700 Melrose Ave, B-2 Agency Clerk Ref: A52444
Winter Park, FL 32789
Thereby agree to settle the violations stated in the Administrative Complaint dated
November 5, 2007, as follows (check one):
_..._Lagree to pay the administrative fine of $3,000.00, register with the Department as a seller of
~~ Business Opportunities, including payment of the proper registration fee and submission of
supporting document(s), execute and retum this agreement, and comply with all laws and
rules contained in the Florida "Sale of Business Opportunities Act.", Sections 359. 80-
559.815, Florida Statutes.
it agree to pay the administrative fine of $3,000.00 and immediately cease Going b business as a
~ Seller of Business Opportunities. . .
I further agree that if I fail to comply with the terms of this settlement the Department may
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 S REQUIRED FOR SETTLEMENT.
on, Business Opportunity
RETURN ADDRESS:
Org Code: 42100703000-A2
Object Code: 012052 ($3,000.00)
Agency Clerk Number: A52444
Department of Agriculture & Consumer Services
Post Office Box 6700 .
. Tallahassee, Florida 32399-6700
Org Code: 42100603000-A2
Object Code: 004064 ($300.00)
DTN: 1522749
(4mm)
DACS-01273 Rev. 1006
Page 3 of 3
Docket for Case No: 08-000854
Issue Date |
Proceedings |
Apr. 10, 2008 |
Order Closing File. CASE CLOSED.
|
Apr. 09, 2008 |
Joint Motion to Cancel Final Hearing and Relinquish Jurisdiction filed.
|
Mar. 06, 2008 |
Order of Pre-hearing Instructions.
|
Mar. 06, 2008 |
Notice of Hearing by Video Teleconference (hearing set for April 17, 2008; 9:00 a.m.; Orlando and Tallahassee, FL).
|
Feb. 27, 2008 |
Petitioner`s Amendment to Response to Initial Order filed.
|
Feb. 26, 2008 |
Joint Response to Initial Order filed.
|
Feb. 20, 2008 |
Initial Order.
|
Feb. 20, 2008 |
Response to Order of Dismissal without Prejudice to Re-file Petition filed.
|
Feb. 20, 2008 |
Administrative Complaint filed.
|
Feb. 20, 2008 |
Agency referral filed.
|