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DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES vs TAMPA TROTTERS, INC., 10-000459 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-000459 Visitors: 7
Petitioner: DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Respondent: TAMPA TROTTERS, INC.
Judges: WILLIAM F. QUATTLEBAUM
Agency: Department of Agriculture and Consumer Services
Locations: Tampa, Florida
Filed: Jan. 29, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 15, 2010.

Latest Update: Dec. 27, 2024
- m~ 7 Florida Department of Agriculture & Consumer Services : CHARLES H. BRONSON, Commissioner My The Capitol © Tallahassee, FL 32399-0800 _ 8g b a November 25, 2009 VIA UPS GROUND: | 0- (ol SI Tampa Trotters, Inc. Case No: 0911-44321 Ms. Trish Jones, Registered Agent . 1105 Westbury Pointe Dr., STE 104 Agency Clerk Ref. A64959 Brandon, FL 33511 SUBJECT: Administrative Complaint Dear Ms. Jones: 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: Section 496.415 (1), Florida Statutes, soliciting funds for a charitable purpose without registering with the Department. Specifically, the organization continued to solicit funds from persons in Florida after their registration expired. SETTLEMENT At this time the Department is willing to settle this matter as follows: Tampa Trotters, Inc., shall, within 21 days of the receipt of this letter, pay an administrative fine of One Thousand Dollars ($1,000.00), and shall immediately submit a completed Registration Form, 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 return to the Department of all settlement documents will conclude this matter. DACS-01273 Rev.10/06 Page 1 of 3 Tampa Trotters, Inc, =~ se No: 0911-44321 November 25, 2009 Agency Clerk Ref: 464959 Page Two 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 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 HEARING 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 imposing up to the maximum penalties as authorized by Florida law. FURTHER INFORMATION If you wish to discuss this matter, please contact Compliance Officer, Sandy Dominey at 850-410-3696. 48N867_ NOV 25, 2008 ACT UT. 1.0LBS PK 1 i SERVICE GNDCON' BILL UT 1/0LBS Sincerely, TRACKINGH_1249148674250405120 ALL CURRENCY usD PURCHASE REG: ORG CODE: 7 CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE HANDLING CHARGE 0.8@ FRT: SHP TOT PUB CHG 7.64 PUB+HANDL ING 7.64 SHIPMENT PUB RATE CHARGES: SVC 4.89 USD « Vv 8.00 CoD 0.00 RS 0,00 DGD 0.00 A PR @.00 ROD 0.00 Gary Singleton, Chief Bureau of Mediation and Enforcement GS/sd Enclosures: Copy of Statutes/Registration Form Notice of Rights DACS-01273 Rev.10/06 Page 2 of 3 . ; Sevier “fe Florida Department of Agriculture & Consumer Chyjces “t a CHARLES H. BRONSON, Commissioner Fey Ses The Capitol ¢ Tallahassee, FL 32399-0800 We November 25, 2009 “nies =, SETTLEMENT AGREEMENT Tampa Trotters, Inc. Ms. Trish Jones, Registered Agent Case No: 0911-44321 1105 Westbury Pointe Dr., STE 104 : , lerk > A64959 Brandon, FL 33511 Agency Clerk Ref I hereby agree to settle the violations stated in the Administrative Complaint dated November 25, 2009, as follows (check one): I agree to pay the fine amount of $1,000.00, complete and forward the Registration Form, appropriate registration fee, along with all other required documents to the Department and to hereafter comply with all laws contained in the Florida Solicitation of Contributions Act. I agree to pay the fine of $1,000.00 and immediately cease doing business as a Solicitor of Contributions. 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 REQUIRED FOR SETTLEMENT. RETURN ADDRESS: tT ss Solicitation Of Contributions D t i &C Servi epartment of Agriculture & Consumer Services Org Code: 42100712000- Post Office Box 6700 Object Code: 012052 ($1,000.00) Tallah i By . pone ahassee, Florida 32399-6700 Agency Clerk Number: A64959 Org Code: 42100612000-A2 Object Code: 001133 DTN: 1902670 (sd) DACS-01273 Rev. 10/06 Page 3 of 3 Florida Department of Agriculture & Consumer Servitey, ¢ CHARLES H. BRONSON, Commissioner The Capitol © Tallahassee, FL 32399-0800 November 25, 2009 VIA UPS GROUND: Tampa Trotters, Inc. Case No: 0911-44321 Ms. Trish Jones, Registered Agent A Clerk Ref A64959 1105 Westbury Pointe Dr., STE 104 gency Clerk Rel: Brandon, FL 33511 SUBJECT: Administrative Complaint Dear Ms. Jones: 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: Section 496.415 (1), Florida Statutes, soliciting funds for a charitable purpose without registering with the Department. Specifically, the organization continued to solicit funds from persons in Florida after their registration expired. SETTLEMENT At this time the Department is willing to settle this matter as follows: Tampa Trotters, Inc., shall, within 21 days of the receipt of this letter, pay an administrative fine of One Thousand Dollars ($1,000.00), and shall immediately submit a completed Registration Form, 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 return to the Department of all settlement documents will conclude this matter. DACS-01273 Rev.10/06 Page 1 of 3 Tampa Trotters, Inc. se No: 0911-44321 November 25, 2009 Agency Clerk Ref: 464959 Page.Two 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 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 HEARING 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 imposing up to the maximum penalties as authorized by Florida law. FURTHER INFORMATION If you wish to discuss this matter, please contact Compliance Officer, Sandy Dominey at 850-410-3696. 40867 NOV 25, 2008 = ACT IT. 1.0LBS PK 1 i SERVICE GNDCOM BILL WT 10 LBS Sincerely, TRACKING# 1240U9674258408120 ALL CURRENCY usD URC a: s ORG CODE: 7 CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE HANDLING CHARGE @.00 FRT: SHP SHIPMENT PUB RATE CHARGES: SVC 4.89 USD “ DY 0.00 coD 0.00 RS 2.00 DC 2.75 DGD 0.00 f AH 0.08 PR = 0.00 ROD 0.00 TOT PUB CHG 7.64 PUB+HANDLING 7.64 Gary Singleton, Chief Bureau of Mediation and Enforcement GS/sd Enclosures: Copy of Statutes/Registration Form Notice of Rights DACS-01273 Rev.10/06 Page 2 of 3 . ‘4 Pas ~ Florida Department of Agriculture & Consumer Seryiees CHARLES H. BRONSON, Commissioner 70 yj, é>"/ The Capitol © Tallahassee, FL 32399-0800 Weg bet November 25, 2009 SETTLEMENT AGREEMENT Tampa Trotters, Inc. Ms. Trish Jones, Registered Agent Case No: 0911-44321 1105 Westbury Pointe Dr., STE 104 Agency Clerk Ref: A64959 Brandon, FL 33511 Thereby agree to settle the violations stated in the Administrative Complaint dated November 25, 2009, as follows (check one): I agree to pay the fine amount of $1,000.00, complete and forward the Registration Form, appropriate registration fee, along with all other required documents to the Department and to hereafter comply with all laws contained in the Florida Solicitation of Contributions Act. T agree to pay the fine of $1,000.00 and immediately cease doing business as a Solicitor of Contributions. 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 REQUIRED FOR SETTLEMENT. RET ADDRESS: Solicitation Of Contributions t c * . paper nan of Aenguure & Consumer Services Org Code: 42100712000- ‘ 7 Object Code: 012052 ($1,000.00) Tallahassee, Florida 32399-6700 Agency Clerk Number: A64959 Org Code: 42100612000-A2 Object Code: 001133 DTN: 1902670 DACS-01273 Rev.10/06 OC Page 3 of 3 (sd)

Docket for Case No: 10-000459
Issue Date Proceedings
Mar. 15, 2010 Order Relinquishing Jurisdictin and Closing File. CASE CLOSED.
Mar. 15, 2010 Petitioner's Motion to Relinquish Jurisdiction filed.
Feb. 10, 2010 Order of Pre-hearing Instructions.
Feb. 10, 2010 Notice of Hearing by Video Teleconference (hearing set for March 31, 2010; 9:30 a.m.; Tampa and Tallahassee, FL).
Feb. 10, 2010 Order (enclosing rules regarding qualified representatives).
Feb. 05, 2010 Joint Response to Initial Order filed.
Feb. 01, 2010 Initial Order.
Jan. 29, 2010 Petitioner's First Request for Production filed.
Jan. 29, 2010 Notice of Serving Petitioner's First Set of Interrogatories filed.
Jan. 29, 2010 Petitioner's First Requests for Admission filed.
Jan. 29, 2010 Letter to T. Jones from E. Miller regarding enclosed discovery information filed.
Jan. 29, 2010 Formal Hearing Request filed.
Jan. 29, 2010 Administrative Complaint filed.
Jan. 29, 2010 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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