The Issue Did the Respondent operate an unregistered commercial truck in Florida? Did the Petitioner correctly assess a penalty of $1,250 pursuant to Section 316.545, Florida Statutes, regulating operation of a commercial vehicle on a highway in the State of Florida?
Findings Of Fact On June 27, 1991, Sergeant Tommy Jackson, observed a dump truck traveling eastward on 65C in Gadsden County, Florida. The Sergeant stopped the truck which did not have a tag. The driver of the truck, which did not have a name on it, was asked for the registration. The driver could not produce the registration. Sergeant Jackson called Officer Bennie Lee York, Jr., to come assist him in weighing the dump truck on portable scales. The vehicle weighed 60,000 pounds. The vehicle's serial number was checked through the Florida Division of Motor Vehicle's computer which determined the vehicle had no Florida tag or registration. Sergeant Jackson and Officer York went to the job site to which the truck was bound to verify the tag and registration of the vehicle. A Georgia registration and incorrect tag was presented. Sergeant Jackson went to his nearby home to call and verify the registration with the Georgia authorities in Atlanta, Georgia. Georgia reported no record of a tag for the vehicle in the State of Georgia. Sergeant Jackson returned to the job site and advised the job foreman that the State of Georgia did not report the vehicle as being registered in Georgia. About two hours later, Mr. Kinard of General Development brought a registration that matched the truck serial number. However, it was for a non-apportioned Georgia commercial tag. Officer York advised Mr. Kinard that an apportioned International Registration Plan tag or a Florida Commercial registration was required to operate a commercial vehicle in Florida. Officer York issued a load report to General Development assessing a penalty for being 25,000 pounds over the legal limit in the State of Florida of 35,000 for a commercial vehicle. The amount of the penalty was $1,250.00, or 5 cents for every pound of vehicle weight over 35,000 pounds. The Respondent admitted the violation, however, the Respondent's representative indicated in his plea for mitigation that the driver had taken the truck without authorization. The statutes governing the operation of motor vehicles provide for strict liability against the owner of a vehicle.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finalizing assessment of the $1,250.00 penalty assessed against General Development pursuant to Section 316.545, Florida Statutes. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 26th day of February 1992. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 26th day of February 1992. COPIES FURNISHED: Vernon L. Whittier, Jr. Assistant General Counsel Florida Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 Ray Campbell, Secretary General Development Post Office Box 654 Quincy, Florida 32351 Ben G. Watts Secretary Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458 ATTN: Eleanor F. Turner Thornton J. Williams General Counsel Department of Transportation Haydon Burns Building, M.S. 58 605 Suwannee Street Tallahassee, Florida 32399-0458
Findings Of Fact Facts Stipulated to by the Parties: Respondent Platinum Motor Cars, Inc. (Platinum), holds an independent motor vehicle dealer license, number VI-17331, issued by the Department. Joseph A. Camino III was formerly the principal and licensee of an entity known as J & J Auto Sales. The Department filed two Administrative Complaints against J & J Auto Sales, Case Nos. DMV-88-42 and DMV-90-01. After informal hearings on each of those Complaints, J & J Auto Sales was assessed and subsequently paid civil fines. No license held by Joseph A. Camino III has ever been revoked by the Department. Joseph A. Camino III has never been convicted of a crime which resulted in his being prohibited from continuing to hold a motor vehicle dealer license under Section 320.27(9)(s), Florida Statutes. Lynette Bowman Camino was listed as an officer and director of Platinum Motor Cars, Inc., on the initial application for licensure filed by the corporation. Lynette Bowman Camino is the wife of Joseph A. Camino, III. Lynette Bowman Camino has never held a motor vehicle dealer license in her individual name. Lynette Bowman Camino has never been convicted of a crime which would prohibit her from holding a motor vehicle dealer license under Section 320.27(9)(s), Florida Statutes. Before the issuance of the license to Platinum, Lynette Bowman Camino withdrew as an officer or director of the corporation. The Department advised Platinum in a letter dated April 8, 1992, that its application was initially denied for the reasons set forth in that letter. On April 13, 1992, Michael J. Smith, President of Platinum, executed an affidavit as a condition of the Department's approval of the application for license. The salient portions of that response to the April 8, 1992 denial letter are set out in Finding 22 below. Joseph A. Camino III is currently employed by Platinum as a motor vehicle buyer and is an authorized agent of Platinum at the Lauderdale-Miami Auto Auction, an auction for dealers and wholesalers. Joseph G. Camino, father of Joseph A. Camino III, was a co-owner of J & J Auto Sales. Joseph G. Camino, father of Joseph A. Camino III, has never been associated with Platinum in any capacity. Joseph A. Camino III was not the licensee, owner or undisclosed principal of International Motor Cars. At the time of the issuance of Platinum's license, all shares in the Respondent corporation were jointly held by Michael J. Smith and Sandra J. Smith. To date, the Department has not sent notice to Lynette Bowman Camino individually of any right to request a hearing on the agreement between the Department and Platinum embodied in the April 13, 1992 affidavit of Michael J. Smith. (See Finding 22 below). To date, the Department has not sent notice to Joseph A. Camino, III individually of any right to request a hearing on the agreement between the Department and Platinum embodied in the April 13, 1992 affidavit of Michael J. Smith. (See Finding 22 below). The April 8, 1992 letter disclosing the Department's "Intent to Deny License Application" contained a clear point of entry for Platinum giving notice that the applicant could request a Chapter 120 proceeding to contest the Department's expressed intention to deny the license sought. Joseph A. Camino III as an authorized agent of Platinum, is authorized to transact business, including vehicle sales and purchases, on behalf of the Platinum at Lauderdale-Miami Auto Auction, Inc. The affidavit executed by Michael J. Smith, President of Platinum (Joint Exhibit 1), contains the following paragraphs: That as of this date, neither LYNETTE BOWMAN CAMINO, JOSEPH A CAMINO, III, JOSEPH A. CAMINO, JR., nor any other member of said Camino family has any interest or position whatsoever in or with Platinum Motorcars, Inc. That from this day forward, no member of the aforesaid Camino family shall be involved with Platinum Motorcars, Inc., on a financial management, operational or sales basis. That affiant acknowledges and understands that if any member of the aforesaid Camino family shall in the future be involved with Platinum Motorcars, Inc., on a financial, management, operational or sales basis, such involvement shall result in the Florida Department of Highway Safety and Motor Vehicles taking administrative action to revoke the license to do business of Platinum Motorcars, Inc. (underlining added; capitalization and boldface in original) As the authorized agent for Platinum with the authority to buy and sell vehicles at the Lauderdale-Miami Auto Auction, Joseph A. Camino III is involved with the Respondent on an "operational or sales basis." Based upon the foregoing Finding, Platinum has breached its undertaking embodied in paragraphs 4 and 5 of the Smith Affidavit set out above in Finding 22. The authorization of Joseph A. Camino III to act for Platinum contained in Petitioner's Exhibits 1 and 2 is dated April 22, 1992, only nine days after Joint Exhibit 1 (the affidavit quoted in Finding 22) was signed under oath by Platinum's President. Based on this, I infer that the promises set out in paragraphs 4 and 5 of the affidavit were made with no intention of honoring them. The affidavit was executed in bad faith and constitutes a willful misrepresentation made in an attempt to obtain licensure, and to avoid a Section 120.57(1) hearing on the licensure application of Platinum Motor Cars, Inc.
Recommendation Based upon the foregoing, it is RECOMMENDED that the Department enter a final order revoking the Respondent's motor vehicle dealer license. DONE AND ENTERED in Tallahassee, Leon County, Florida, this 9th day of July 1993. WILLIAM R. DORSEY, JR. Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 9th day of July 1993. COPIES FURNISHED: Michael J. Alderman, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399-0504 Barbara K. Sunshine, Esquire 2395 Davie Boulevard Fort Lauderdale, Florida 33312 Charles J. Brantley, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399-0504 Enoch Jon Whitney General Counsel Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399-0504
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by Elizabeth W. McArthur, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner's Notice Of Voluntary Dismissal Without Prejudice, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED. Filed July 5, 2012 12:17 PM Division of Administrative Hearings DONE AND ORDERED this A. day of June, 2012, in Tallahassee, Leon County, > Baker, Chief Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Florida. Filed with the Clerk of the Division of Motorist Services this QO” day of May, 2012. 9 ) Unie J toe: ok Nalini Vinayak, Dealer Kicense Administrator 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. JB/jde Copies furnished: Dwight J. Davis, Esquire King & Spalding, LLP 1180 Peachtree Street Northeast Atlanta, Georgia 30309 Todd R. Legon, Esquire Legon Ponce & Fodiman, P.A. 1111 Brickell Avenue, Suite 2150 Miami, Florida 33131 Mark L. Ornstein, Esquire Kilgore, Pearlman, Stamp, Ornstein & Squires, P.A. Post Office Box 1913 Orlando, Florida 32801 William E. Williams, Esquire Gray Robinson, P.A. 301 South Bronough Street, Suite 600 Tallahassee, Florida 32301 Elizabeth W. McArthur Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by R. Bruce McKibben, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Respondent’s Notice of Stipulation and Agreement, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED. Filed July 5, 2012 12:18 PM Division of Administrative Hearings DONE AND ORDERED this Be) day of June, 2012, in Tallahassee, Leon County, ~ lt Chief Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Florida. Filed with the Clerk of the Division of Motorist Services this QA_ day of May, 2012. Tink Nalini Vinayak, Dealer Yicense Administrator 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. JB/jde Copies furnished: Dwight J. Davis, Esquire King & Spalding, LLP 1180 Peachtree Street Northeast Atlanta, Georgia 30309 i) Todd R. Legon, Esquire Legon Ponce & Fodiman, P.A. 1111 Brickell Avenue, Suite 2150 Miami, Florida 33131 William J. Denius, Esquire Kilgore, Pearlman, Stamp, Ornstein & Squires, P.A. Post Office Box 1913 Orlando, Florida 32801 William E. Williams, Esquire Gray Robinson, P.A. 301 South Bronough Street, Suite 600 Tallahassee, Florida 32301 R. Bruce McKibben Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator
Findings Of Fact On September 13, 1991, Respondent was operating two commercial vehicles in Hillsborough County, Florida, when they were stopped by the Petitioner and weighed. The first vehicle was a 1988 Freightliner which weighed 75,360 pounds or 40,360 pounds above a 35,000 pound weight limit. The second vehicle a 1989 White/GMC weighed 76,040 pounds or 41,040 pounds over a 35,000 pound weight limit. Respondent did not contest the weights assigned in the inspections that took place on September 13, 1991, nor the calculation of the amount of fine associated with the vehicles for being over weight. The trucks were not registered in Florida and did not have evidence of an apportioned registration from some other state. Neither did the commercial vehicles have a single trip permit. As a consequence a 5 cents per pound penalty was assessed for weight above the 35,000 pound limit. In the instance of the Freightliner that penalty was $2,018.00 and the penalty for the White/GMC was $2,052.00. The vehicles were from the state of Ohio, a state which was participating in the International Registration Plan on the date in question; however, the Ohio registration for the vehicles did not indicate apportionment for Florida. Terry Whittington the President for Whittington Produce, testified that Ohio had recently become a state which participated in the reciprocity related to the International Registration Plan. He identified that the business of the Respondent is hauling, in this instance hauling poultry; and that his company suffered a 3 percent financial loss on this trip in which the industry standards call for delivery of all but a quarter to a half percent of the product. This loss was associated with having to gain compliance with the registration requirements on the date in question and the time necessary to accomplish that task. The customer has not asked the Respondent to haul its poultry following the loss. Whittington referred to the possibility that Ohio was remiss in getting information to them about apportionment for registration by not meeting deadlines on licensing and getting information to the Respondent when Respondent received the registration plates for the commercial vehicles in question. Whittington refers to the fact that it was after June 30, 1991 or July 1, 1991, when Respondent began to get information from the state of Ohio to deal with the participation in reciprocity associated with the International Registration Plan and by then Respondent had already "filed" about every place that it was going to "file." Whittington believes that his company got caught short on paperwork. Whittington also referred to the belief that he held on September 13, 1991, to the effect that Ohio was a reciprocity state and the operation of the commercial vehicles in Florida was in compliance with all requirements, especially given a 300 percent increase in 1991 related to the Ohio licensing costs. In the submission of the letter in argument Respondent attaches what is referred to as a supplemental application to the State of Ohio, Bureau of Motor Vehicles, International Registration Plan which adds the State of Florida to its apportionment in the registration for the two vehicles in question, among others. The letter in argument continues to refer to May, 1991 as the date upon which Ohio began to participate in the International Registration Plan and the belief that the rules and laws were different than they were before with the advent of this participation by Ohio. The argument continues to assert that the Respondent believed that it was in compliance when it entered the State of Florida and that when the Respondent found out that it was not it did arrange for apportionment with Florida, which the exhibits attached to the letter in argument refer to. This is the after the fact or supplemental application to add Florida as an apportioned state for the Ohio registration pertaining to the subject vehicles in question. In summary Respondent believes that the fines are exorbitant and not in keeping with the purchase of a license to operate in Florida and Respondent asks that the fines be lowered.
Recommendation Based upon the consideration of the facts found and the conclusions of law reached, it is, RECOMMENDED: That a Final Order be entered which assesses penalties in the amount of $2,018.00 and $2,052.00 respectively thus denying the request for refund. DONE and ENTERED this 25th day of June, 1992, in Tallahassee, Florida. COPIES FURNISHED: Charles G. Gardner, Esquire Department of Transportation CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 25th day of June, 1992. Haydon Burns Building, M.S.-58 605 Suwannee Street Tallahassee, FL 32399-0458 Terry E. Whittington Post Office Box 33 Hollansburg, OH 45332 Ben G. Watts, Secretary Department of Transportation Haydon Burns Building, M.S.-58 605 Suwannee Street Tallahassee, FL 32399-0458
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
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Relinquishing Jurisdiction and Closing File by Elizabeth W. McArthur, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Respondent’s Withdrawal of Notice of Termination and Petitioner’s Notice of Dismissal, copies of which are attached and incorporated by reference in this order. The Department hereby adopts the Order Relinquishing Jurisdiction and Closing File as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED and the Dealer Sales and Service Agreement between Kia Motors America, Inc. and Bob Dance Jeep Eagle, Inc. d/b/a Bob Dance Kia remains in full force and effect. Filed October 30, 2013 12:21 PM Division of Administrative Hearings DONE AND ORDERED this a day of October, 2013, in Tallahassee, Leon County, Florida. Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Filed in the official records of the Division_of Motorist Services this day of October, 2013. Nalini Vinayak, Dealer Eicense Adminictro*>- 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. JB/jdc Copies furnished: J. Andrew Bertron, Esquire Nelson Mullins Riley And Scarborough, LLP 3600 Maclay Boulevard South Tallahassee, Florida 32312 Andy.bertron@nelsonmullins.com Colm A. Moran, Esquire Hogan Lovells US, LLP 1999 Avenue of the Stars, Suite 1400 Los Angeles, California 99067 R. Craig Spickard, Esquire Kurkin Brandes, LLP 800 North Calhoun Street, Suite 1B Tallahassee, Florida 32303 cspickard@kb-attorneys.com jhelms@kb-attorneys.com Elizabeth W. McArthur Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by Jessica E. Varn an Administrative Law Judge of the Division of Administrative Hearings, and the Respondent’s withdrawal of intent to relocate Ocean Cadillac, Inc., copies of which are attached and incorporated by reference in this order. Accordingly, it is hereby ORDERED that this case is DISMISSED. DONE AND ORDERED this | l day of June, 2014, in_ Tallahassee, Leon County, . — Florida. Cobuo Filed in the official records of the Division of Julie Baker, Chief Motorist Services this } ‘ fi day of June, Bureau of Issuance Oversight 2014. Division of Motorist Services Department of Highway Safety and . Dp. le Motor Vehicles Dlabin Vireghe Makin: V1 Neil Kirkman Building, Room A338 Nalini Vinayak, Dealer License Administrator Tallahassee, Florida 32399 Filed June 19, 2014 7:34 AM Division of Administrative Hearings Copies furnished to: Kenneth L. Paretti, Esquire Adams, Quinton and Paretti, P.A. 80 Southwest 8th Street, Suite 2150 Miami, Florida 33130 kparetti@adamsquinton.com Nalini Vinayak Dealer License Section C. Gregory Feil Ocean Cadillac, Inc. 1000 Kane Concourse Miami, Florida 33154 John Martin General Motors, LLC Mail Code 482-A82-A16-C66 100 GM Renaissance Center Detroit, Michigan 48265 Jessica E. Varn Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 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.
The Issue The issue presented is whether Respondents' request for a refund of a penalty assessed against them for operating a commercial vehicle with an expired license registration should be granted.
Recommendation Based upon the foregoing Stipulated Facts and Conclusions of Law, it is RECOMMENDED that a Final Order be entered finding that the penalty of $3,000 was correctly assessed and denying Respondents' request for a refund or a reduction. DONE and ENTERED this 27th day of August, 1991, at Tallahassee, Florida. COPIES FURNISHED: LINDA M. RIGOT Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 27th day of August, 1991. Elyse S. Kennedy, Executive Secretary Florida Department of Transportation Commercial Motor Vehicle Review Board 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0450 Ben G. Watts, Secretary Florida Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 Vernon L. Whittier, Jr., Esquire Assistant General Counsel Florida Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0450 William L. Bromagen, Esquire Blackwell & Walker, P.A. 2400 AmeriFirst Building One Southeast Third Avenue Miami, Florida 33131
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by William F. Quattlebaum, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner’s Notice Of Dismissal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby Filed November 5, 2012 12:49 PM Division of Administrative Hearings a an ORDERED that this case is CLOSED. DONE AND ORDERED this a day of November, 2012, in Tallahassee, Leon County, Florida. Jule Baker, Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motorist Services this_Q day of November, 2012. 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. JB/jde Copies furnished: R. Craig Spickard, Esquire Kurkin Forehand Brandes, LLP 800 North Calhoun Street, Suite 1B Tallahassee, Florida 32303 cspickard@kfb-law.com Cindy Bresnee Mercedes-Benz USA, LLC 1 Mercedes Drive Montvale, New Jersey 07645 J. Andrew Bertron, Esquire Nelson, Mullins, Riley And Scarborough, LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 andy.bertron@nelsonmullins.com 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 Saket Pan
