STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VE1ICLES DIVISION OF MOTOR VEHICLES

DOAH CASE NO. 10-0359 1

46q

DMV CASE NO.: 09-1900 I

FINAL ORDER#: HSMV-10- -S-DMV

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES,

Petitioner,

v.

DRIVE IT AWAY AUTO SALES, INC.,

Respondent.

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FINAL ORDER

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This matter came before the Department for entry of a Final Order upo submission of an

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Order Closing File by Barbara J. Starns, an Administrative Law Judge o the Division of

Administrative Hearings, pursuant to Petitioner's Settlement Stipulation and Motion to

Relinquish Jurisdiction, a copy of which is attached and incorporated by refer nee in this order.

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The Department hereby adopts the Order Closing File as its Final Order in this atter.

Accordingly it is FOUND and ORDERED as follows: \

I. That Respondent shall pay an administrative fine in the amount tf two thousand

dollars ($2,000.00). The fine shall be paid in four monthly payments. The first ayment of

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$500.00 to be paid on or before April 30, 2010. The second payment of $500.0? to be paid on or before May 30, 2010. The third payment of $500.00 to be paid on or before Junf 30, 2010. The fourth and final payment of $500.00 to be paid on or before July 30, 2010. All ayments are to be made by returning a copy of the order with payment to:

Filed March 26, 2010 9:15 AM Division of Administrative Hearings.

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Department of Highway Safety and Motor Vehi{les

Office of the Hearing Officer I

Division of Motor Vehicles j i

2900 Apalachee Parkway, Room A308, MS-61 Tallahassee, Florida 32399-0600

1. If Respondent pays each installment of the amount specified in p ,ragraph one above

   
   

   
   

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   within the specified time the Department will impose no further penalties or sancf ions against

   
   

   Respondent. However, if Respondent fails to pay any installment as specified in aragraph one, on

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   the day following the due date of the installment, Respondent's motor vehicle de41er license will be

   
   

   automatically suspended and Respondent will cease to do business as a motor veJicle dealer.

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2. If, after suspension Respondent pays the past due installment befqre the due date of

   
   

   the next installment, its motor vehicle dealer license will immediately be reinsta1d without further

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   penalties or sanctions. However, if Respondent fails to pay the past due installmef t by the due date

   
   

   of the next installment, the Department will revoke Respondent's motor vehicle 4aler license.

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3. If the Department suspends or revokes Respondent's motor vehiclf dealer license for

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non-payment as specified in paragraphs two and three said suspension or revocati n shall be

without recourse to the Respondent and Respondent hereby expressly waives any right to appeal or

otherwise contest the suspension and revocation/./

DONE AND ORDERED this 2rff day of March 2010, at Tallah

ssee, Leon

County, Florida.

Carl A. Ford, Director Division of Motor Vehicles

Department of Highway Safety an Motor Vehicles I

Neil Kirkman Building, Room B4 9, MS-60 Tallahassee, Florida 32399-0600 I

Filed in the official records of the I

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Divis Motor Vehicles ' this day of March 2010.

NOTICE OF APPEAL RIGHTS i

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Judicial review of this order may be had pursuant to section 120.68, Fl rida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any ot er district court of appeal of this state in an appellate district where a party resides. In order to in tiate such review, one copy of the notice of appeal must be filed with the Department and the oth r copy of the notice of appeal, together with the filing fee, must be filed with the court withi thirty days of the filing date of this order as set out above, pursuant to Rule 9.110, Rules of App Hate Procedure.

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CAF:jdc

Copies furnished:

Deborah Osman Regional Administrator

Dealer License Section Joel Sharp, President

Drive it Away Auto Sales, Inc.

2527 West Tennessee Street Tallahassee, Florida 32304

FALR

Post Office Box 385 Gainesville, Florida 32602

Docket for Case No: 10-000359

Orders for Case No: 10-000359