Findings Of Fact On June 6, 1991 a commercial vehicle owned by the Respondent was operating over a highway in the State of Florida. That highway is Interstate 75 in Hamilton County, Florida. An inspection was made by the Petitioner and it was revealed that the registration available with the vehicle did not pertain to the vehicle. A valid registration of a temporary or permanent nature which was associated with the vehicle was not presented at that time. There being no valid registration for the vehicle a fine in the amount of $1,746.00 was assessed in that the owner was charged $.05 per pound for the amount over 35,000 pounds, subtracted from the gross weight of 69,920 pounds. In explanation at hearing Henry Jernigan who owns Southern Salvage Company, Inc. admitted that the vehicle in question had left Respondent's facility with a Georgia tag that belonged to another truck owned by Respondent. Further Mr. Jernigan admitted that when the Florida officials stopped the truck in question it had the wrong tag displayed. The tag pertaining to another vehicle had been placed on the vehicle in question by mistake. Concerning the appropriate indication of registration on the subject truck, steps necessary to purchase a tag had been started in Colquitt County, Georgia on April 26, 1991. This was followed by money paid to the Georgia Department of Revenue on May 28, 1991 for the IRP which signifies permanent registration but the permanent tag was not received immediately. That is to say confirmation of that permanent registration by officials with the Georgia Department of Revenue had not been made when the vehicle was stopped. Meaning the Respondent had not received a copy of the permanent registration when the vehicle was stopped. The permanent registration was finally received by the Respondent sometime around June 20, 1991.
Recommendation Having considered the facts found and conclusions of law reached, it is RECOMMENDED: That a final order be entered assessing a fine in the amount of $1,746.00 for this violation. DONE and ENTERED this 10th day of December, 1991, in Tallahassee, Florida. CHARLES C. ADAMS Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of December, 1991. APPENDIX The following discussion is given concerning the proposed facts of the Petitioner: Paragraph 1 is subordinate to facts found. Paragraph 2 in its first two sentences are hearsay, not available for fact finding. The third sentence is not necessary to the resolution of the dispute. The next sentences are subordinate to facts found. The last two sentences are hearsay and not available for fact finding. Copies furnished to: Vernon L. Whittier, Esquire Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, FL 32399-0458 Henry Jernigan Southern Salvage Company, Inc. Route 2, Box 210 Lenox, GA 31637 Ben G. Watts, Secretary Department of Transportation 605 Suwannee Street Tallahassee, FL 32399-0458 Thornton J. Williams, General Counsel Department of Transportation 562 Haydon Burns Building Tallahassee, FL 32399-0458
Conclusions This matter came before the Department for entry of a Final Order pursuant to an order closing the file of the Division of Administrative Hearings. The record reflects that the parties have settled their dispute and entered into a Settlement Stipulation, which Settlement Stipulation is hereby adopted by reference. Having reviewed the stipulation and being otherwise fully advised in the premises, it is therefore ORDERED AND ADJUDGED that: 1. Respondent has admitted the allegations of the administrative complaint in this matter. 2. Respondent has agreed to pay and has paid a civil fine of $2,000.00 by certified cashier’s check, receipt of which is acknowledged by the Department. 3. Each party will bear its own costs and attorney fees. 4. In order to prevent similar violations occurring in the future, Respondent shall abide by the following in operating its dealership: Respondent shall refrain from advertisements utilizing descriptions for vehicle condition such as mint condition, flawless, perfect and any other statements that may be deceptive and unfair if it is likely to mislead a consumer who is acting reasonably under the circumstances. Failure to abide by these procedures will constitute grounds for suspending or revoking Respondent’s license or imposing 4... fine. DONE AND ORDERED this YA day of July, 2009, in Tallahassee, Leon County, Florida. ) L A. FORD, Dire Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division 9% Motor Vehicles this £27 day of July, 2009. Copies furnished: Michael J. Alderman, Esquire Senior Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Craig Hallman Executive Auto Leasing of South Florida, Inc. 2912 South Ocean Bivd. Highland Beach, Florida 33431 Errol H. Powell _Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Diane Buck Regional Administrator, DMV Region IX William Camper Hearing Officer Division of Motor Vehicles Billy Rankin Chief, Bureau of Field Operations Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602
The Issue The issues in this case are whether Respondent violated Section 475.25(1)(m), Florida Statutes (1997), by obtaining a license by fraud, misrepresentation, or concealment; violated Florida Administrative Code Rule 61J2-2.027(2), by failing to disclose material information in her application; and, if so, what, if any, penalty is appropriate. (All Chapter and Section references are to Florida Statutes (1997) unless otherwise stated. All references to rules are to rules adopted in the Florida Administrative Code in effect on the date of this Order.)
Findings Of Fact Petitioner is the state agency responsible for the regulation and discipline of real estate licensees in the state. Respondent is licensed in the state as a real estate broker pursuant to license number 0421942. The last license issued to Respondent was as a broker t/a Action First Realty, 7622 Praver Court, Jacksonville, Florida 32217. On January 9, 1984, Respondent applied for a license as a real estate salesperson. On February 11, 1993, Respondent applied for a license as a real estate broker. On each application, Respondent signed a sworn affidavit that all of her answers were true and correct and: . . . are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever. . . . In relevant part, question six on the sales license asked Respondent whether she had ever been arrested or charged with the commission of an offense against the laws of any municipality or state without regard to whether she was convicted. Question nine on the broker application asked Respondent whether she had ever been convicted of a crime, found guilty, or entered a plea of nolo contendere, even if adjudication was withheld. Respondent answered "no" to both questions. In each case, Petitioner relied on the accuracy of the application and issued a license to Respondent. On November 7, 1978, Respondent was adjudicated guilty of cashing a worthless check in the amount of $5.00. Respondent wrote the check to Carvel Ice Cream for a birthday cake for her daughter's birthday. Respondent was in the process of moving, and the notice of insufficient funds was not delivered to her. Respondent went to court and paid the $5.00 check and the court costs. The judge characterized the charge as frivolous and was perturbed that the charge consumed time in his court. On October 30, 1980, adjudication was withheld on the charge of driving with a suspended license. Respondent attended driving school. The offense does not appear on Respondent's Florida driving record for her entire driving history. Respondent did not willfully misstate a material fact on either application. Respondent testified under oath that she did not consider either offense to be a crime and did not try to lie about either offense. Her testimony was credible and persuasive. Respondent answered "no" to questions six and nine on her applications in the good-faith belief that the offenses were immaterial and not the type of offenses addressed in either question. When Petitioner's investigator interviewed Respondent, Respondent answered all questions fully and truthfully and cooperated in the investigation.
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Commission enter a Final Order finding Respondent not guilty of violating Section 475.25(1)(m), finding Respondent guilty of violating Rule 61J2-2.027(2), and imposing no penalty. DONE AND ENTERED this 31st day of March, 1999, in Tallahassee, Leon County, Florida. DANIEL MANRY Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 Filed with the Clerk of the Division of Administrative Hearings this 31st day of March, 1999. COPIES FURNISHED: Geoffrey Kirk, Esquire Department of Business and Professional Regulation 400 West Robinson Street Orlando, Florida 32801-1900 Barbara Lynn Clarke 7622 Praver Court Jacksonville, Florida 32217 James Kimbler, Acting Division Director Division of Real Estate Department of Business and Professional Regulation Post Office Box 1900 Orlando, Florida 32802-1900 William Woodyard, Acting General Counsel Department of Business and Professional Regulation 1940 North Monroe Street Tallahassee, Florida 32399-0792
Conclusions _ This matter came before the Department for entry of a Final Order pursuant to an order closing the file at the Division of Administrative Hearings. The record reflects that the parties have settled their dispute and entered into a Settlement Stipulation. Having reviewed the stipulation and being otherwise fully advised in the premises, it is therefore ORDERED AND ADJUDGED that: 1. Respondent shall pay a civil fine of $5,000.00. Payment shall be made in the form of a certified cashier’s check payable to The Department of Highway Safety and Motor Vehicles and delivered to the Division of Motor Vehicles, Bureau of Field Operations, Region IV Office, at 1354 South Woodland Boulevard, Deland, Florida, 32720. Payment shall be delivered as set out herein within thirty (30) days of the entry of this final order by the Division of Motor Vehicles approving this settlement. Jan 2? 2010 11:57 DHSMY LEGAL TLH Fax: 850-617-5112 Jan 2? 2010 11:56am 002/009 2. Respondent agreed to voluntarily surrender its motor vehicle dealer license within thirty (30) days of the entry of this final order by the Division of Motor Vehicles approving the settlement. 3. Respondent expressly and affirmatively agreed that if it fails to timely pay the fine or to surrender its license as set forth herein the Petitioner will revoke its license without prior notice. Respondent further expressly and affirmatively waives its ability to challenge or appeal such revocation by any means in any forum whatsoever. 4. Florida Luxury Coach, LLC, may file an application for a motor vehicle dealer license pursuant to section 320.27, Florida Statutes. If Florida Luxury Coach, LLC, does apply, the: following conditions will apply: (a) The Petitioner will not rely on the violations alleged in the administrative complaint in this matter to deny the application or otherwise hold such violations against Florida Luxury Coach, LLC. (b) _—_- Victoria L. Scott will be the sole manager/member of Florida Luxury Coach, LLC. (c) Lon Neuville may be employed by Florida Luxury Coach, LLC, solely in a sales capacity. : (d) Victoria L. Scott and Florida Luxury Coach, LLC, expressly and affirmatively agree that no motor vehicle dealer license will be issued to it until the civil fine agreed to herein is paid and until the Respondent surrenders its motor vehicle dealer license. (e) Florida Luxury Coach, LLC, must meet the normal qualifications imposed by statute and administrative rule for issuance of a motor vehicle dealer license. (63) Failure to abide by the conditions of this agreement will be grounds for denial. or revocation of a motor vehicle dealer license to Florida Luxury Coach, LLC and Victoria L. Scott. 5. Victoria L. Scott signed the agreement individually, as a member of the Respondent and as a member of Florida Luxury Coach, LLC. 6. Each party shall bear its own costs and attomey fees in this matter. DHSMV LEGAL TLH Fax: 850-617-5112 Jan 2? 2010 11:56am P003/009 7. The undersigned warrant that they entered into this agreement freely and voluntarily and are doing so under advice of legal counsel. They further warrant that they have the full authority of their respective parties to enter into the agreement and to bind the parties to its terms. 8. Each party will bear its own costs and attorney fees. It is further ORDERED that the Settlement Stipulation of Petitioner and Respondent is adopted and incorporated into this Final Order f the Department in accordance with its terms. DONE AND.ORDERED this 2b ay of January, 2010, in Tallahassee, Leon County, Florida. Copies furnished: Michael J. Alderman, Esquire Senior Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kixkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Peter N. Hill, Esquire Wolff, Hill, McFarlin & Herron, P.A. 1851 West Colonial Drive Orlando, Florida 32804 A A. FORD, Directo Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkanan Building Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motor Vehicles this day of January, 2010. Jan 2? 2010 OHSMV LEGAL TLH Fax: 850-617-5112 J.D. Parish Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 William Camper Hearing Officer Division of Motor Vehicles Julie Gentry Chief, Bureau of Field Operations Nalint Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602 11:5? Jan 27 2010 11:57am 004/009
The Issue Whether the Appellee's suspension of Appellant was in compliance with Chapter 110, Florida Statutes, and Chapter 22A-7.10F and G(2), Florida Administrative Code. Whether the Appellee's suspension of Appellant should be sustained.
Findings Of Fact C. W. Mathis was on January 22, 1977, a state trooper, employed by Appellee, Department of Highway Safety and Motor Vehicles, Florida Highway Patrol, in Orlando, Florida. By letter dated February 22, 1977, Trooper Mathis, the Appellant, was notified that he was being suspended for eight (8) hours without pay by the Appellee, Department of Highway Safety and Motor Vehicles, Florida Highway Patrol for: "Leaving the workstation without authori- zation and negligence, in violation of Department of Highway Safety and Motor Vehicles Personnel Rules and Regulations 2.lC, willful violation of statutory authority, rules, regulations or policies, and General Order 43, l.A.(4), pages 43-2 and 43-4, Florida Highway Patrol Manual." Trooper Mathis appealed this suspension which is the subject of the bearing. The Division of Administrative Hearings, Department of Administration, has jurisdiction of the cause. On January 22, 1977, Trooper Mathis was on State Road 400, out of his assigned authority, and running radar at approximately 8:50 A.M. He pursued and stopped a car which was clocked at speeding 75 miles per hour. Trooper Mathis asked the driver for a drivers license and when the driver stated he had none, Trooper Mathis told him to get out of the vehicle and asked the driver's name and proof of ownership of the vehicle. The driver indicated that his information was in the glove compartment and both Trooper Mathis and the driver obtained an instrument from the glove compartment of the driver's automobile. In the stopped vehicle was a white male passenger. Trooper Mathis returned to the patrol car and had the driver sit in the right front seat of the patrol car. Mathis then left the left front seat of the patrol car to obtain the vehicle identification number from the automobile and returned to the patrol car where the driver or violator was sitting. Mathis then called the radio dispatcher for a "check for wanted" personal (10-29). Trooper Mathis was looking down and when he looked up the automobile he had stopped was gone, driven obviously by the passenger who was left seated in the stopped vehicle. The driver of the automobile seated in the patrol car with Trooper Mathis told Trooper Mathis that he didn't see his car leave and that he had picked up the white male passenger hitchhiking on State Road 400 at the Turnpike. Trooper Mathis then proceeded west on State Road 400 in hopes of finding the car. He also called the station and asked radio operator Roundtree to copy a vehicle identification number without asking for a "check for wanted" 10-29. Radio operator Roundtree ran the first vehicle identification number (1Y27D 57106363) given by Trooper Mathis and it came back nothing on file. (The second vehicle identification number (1Y27D5T1O6367) later came back registered to the following: Eva Kuhn, 25 North Westview Avenue, Feasterville, Pennsylvania, on a 1975 Chevrolet, license number A02326.) Radio operator Roundtree then ran the tag number for 10-29 thinking that both vehicle identification numbers he had run were negative for wanted. The tag came back negative. After a search of the area and not locating the vehicle Trooper Mathis asked to meet with a deputy sheriff. The meeting with the deputy was for his passenger to make a "stolen car" report. When the violator finished his report with the deputy he advised Trooper Mathis that he had relatives visiting at Disney World and would like to be dropped off there. Trooper Mathis then brought him to Disney World and left him there. It was later found that the driver-violator had stolen the vehicle. Appellee, Department of Highway Safety and Motor Vehicles, contends: Trooper Mathis was negligent and should be Punished for (1) failing to ask for a proper 10-29 ("check for wanted") on the vehicle identification number; (2) failing to keep the stopped vehicle under surveilance so that the passenger was able to drive it away unnoticed; (3) failing to require identification from the violator-driver before believing the violator's story. Appellant, C. W. Mathis, contends: (l) that under the circumstances it was excuseable that he failed to immediately ask for a proper 10-29 "check for wanted"; (2) that the traffic was very heavy and he was obliged to go very fast if he were to properly find the violator and do the job for which he was paid; (3) that the radio operator was inexperienced and should have made the proper calls which would have notified Trooper. Mathis that the driver-violator was not the owner of the stopped vehicle.
Recommendation Dismiss appeal; the suspension was for just cause. DONE and ORDERED this 4th day of August, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building, Room 530 Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of August, 1977. COPIES FURNISHED: Mrs. Dorothy Roberts Appeals Coordinator Department of Administration Room 530, Carlton Building Tallahassee, Florida 32304 C. W. Mathis 1409 Lukay Street Ocoee, Florida 32761 Enoch J. Whitney, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkmam Building Tallahassee, Florida 32304
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File by William F. Quattlebaum, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Respondent’s Notice of Withdrawal of Request for Hearing based on Respondent’s relinquishment of its motor vehicle dealer license, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED. Filed June 9, 2010 8:49 AM Division of Administrative Hearings. DONE AND ORDERED this pi G. of June, 2010, in Tallahassee, Leon County, Florida. RL A. FORD, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motor Vehicles this day of June, 2010. Ce ™ NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. CAF/vlg Copies furnished: R. Lee Dorough Dorough Calzada & Soto, LLP 419 North Magnolia Avenue Orlando, Florida 32801 Robert Hartman Seminole Scooters, Inc. 6227 Park Boulevard Pinellas Park, Florida 33781 James K. Fisher, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway, Room A308 Tallahassee, Florida 32399 William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator Florida Administrative Law Reports Post Office Box 385 Gainesville, Florida 32602
