STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,

vs.

Petitioner,

HSMV Case No.: MS-19-984 DOAH Case No.: 20-2657

SAMUEL’S AUTO FL. L.L.C. d/b/a SAMUEL’S AUTO,

Respondent.

/

License No.: VI-1079022

FINAL ORDER NO.:

HSMV-20-0426-AS-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

FINAL ORDER APPROVING SETTLEMENT AGREEMENT

This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order approving the Settlement Agreement entered into between the parties in this cause.

On or about February 26, 2020, the Department issued an Administrative Complaint against Respondent. On October 7, 2020, the Department and Respondent entered into a Settlement Agreement to resolve the pending charges alleged in the Administrative Complaint.

Upon consideration of the Settlement Agreement, which is attached hereto, and being fully advised in the premises, it is ORDERED AND ADJUDGED:

1. The Settlement Agreement as submitted is hereby approved, adopted, and incorporated herein by reference.

2. The parties shall adhere to and abide by all terms and conditions of the Settlement Agreement.

3. Pursuant to the Settlement Agreement, Respondent shall pay a civil fine in the amount of $9,400, which is due and payable to the Department within seventy-five (75) days from the date of filing of this final order with the Agency Clerk.

4. Respondent is subject to a twelve-month probationary period, beginning on the date of filing of this final order with the Agency Clerk, the terms and conditions of which are set forth in full in the Settlement Agreement.

5. Respondent shall reduce to writing the relationship of Brian Crisp to Respondent and report the same to the Department, as set forth in the Settlement Agreement.

   
   

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6. Respondent shall present to the Department a statement and outline of Respondent’s recordkeeping procedures, as set forth in the Settlement Agreement.

7. Failure of Respondent to pay the civil fine, report to the Department the relationship of Brian Crisp to Respondent, or present to the Department a statement and outline of Respondent’s recordkeeping procedures, as set forth in the Settlement Agreement, shall result in the Department’s suspending Respondent’s motor vehicle dealer license until such time as Respondent complies with the terms of this final order.

8. This final order shall take effect upon filing with the Department’s Agency Clerk, and the case is CLOSED.

DONE AND ORDERED this 9th

Leon County, Florida.

day of October

, 2020, at Tallahassee,

FILED FLHSMV AGENCY CLERK OCT 09 2020

MS-19-984

Robert Kynoch, Director of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399

COPIES FURNISHED this 9th day of October , 2020, to:

Lawrence E. Gill, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room A-432 2900 Apalachee Parkway, MS-02 Tallahassee, Florida 32399-0504 lawrencegill@flhsmv.gov

Arthur J. Jones, Esquire The Arthur Law Firm, PL

4700 Biscayne Boulevard, Suite 1250

Miami, Florida 33137-3243 the.arthur.firm@gmail.com

Teresa C. Pedroso, Regional Administrator Region 9, Bureau of Dealer Services Department of Highway Safety

and Motor Vehicles 1135 Banks Road

Margate, Florida 33063-6702 teresapedroso@flhsmv.gov

Ed Broyles, Chief of Dealer Services Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room A-312, MS 65 2900 Apalachee Parkway

Tallahassee, Florida 32399-0635 edbroyles@flhsmv.gov

NOTICE OF APPEAL RIGHTS

A party adversely affected by this final order may seek judicial review as provided in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal, accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d) and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

Filing with the Department’s Agency Clerk may be accomplished by U.S. mail, express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The email address is OGCFiling@flhsmv.gov.

Docket for Case No: 20-002657

Orders for Case No: 20-002657