Findings Of Fact Thomas C. Heinrich Corporation has been in existence for approximately four years, in road construction, and acquired its first tractor-trailer on which to haul its heavy equipment in February 1986. It operates five other smaller trucks used in road construction work. Prior to acquisition of the low boy in 1986, it used other carriers to haul its off-the-road heavy equipment. Upon receipt of the tractor-trailer Petitioner registered the vehicle and obtained a license tag. Unlike automobile registrations, which are generally valid for one year, heavy truck registrations are usually issued twice per year and expire May 31 and December 31. Accordingly, when Petitioner registered this tractor-trailer on February 11, 1986, the registration showed an expiration date of May 31, 1986. At the same time, Tag No. FK 2011 was issued for this vehicle with the registration decal to be attached to the tag showing the same number on the registration, and an expiration decal to be attached to the tag showing December as the expiration month. Petitioner did not notice the discrepancy between the expiration decal on the tag and the expiration date on the registration certificate. Between May 31, 1986, and August 26, 1986, this tractor-trailer had gone through weigh stations where the registration was checked several times without anyone noticing the discrepancy. On August 26, 1986, while this vehicle was transporting a back hoe on U.S. 301 in Hillsborough County, the vehicle was stopped by a Department of Transportation Weight and Safety Officer who suspected the vehicle was overloaded. Upon checking the registration this officer noted that it had expired May 31, 1986, and refused to allow the tractor-trailer to proceed. The tractor-trailer was weighed with portable scales carried by the officer and determined to weigh 111,700 pounds. A fine of $3835 was assessed based on the weight of the tractor-trailer exceeding 35,000 pounds x 5 cents per pound. The officer transported the driver to a telephone where he called Petitioner to advise that $3835 had to be paid before the tractor-trailer could be moved. Thomas C. Heinrich, sole owner of Petitioner, cashed $3835 from his Individual Retirement Account, paid the fine, and the tractor-trailer was allowed to proceed. On August 26, 1986, Petitioner held a valid overweight permit issued for one year effective 11/6/85 through 11/5/86 (Exhibit 4) which allowed the tractor-trailer to operate with a maximum load of $112,000 pounds. The tractor-trailer without cargo weighs approximately 36,000 pounds (Exhibit 6 and 7). The back hoe being carried August 26, 1986, weighs 52,700 pounds (Exhibit 5). Accordingly, the gross weight of the tractor-trailer and back hoe on August 26, 1986 was less than 83,000 pounds, which is much less than the 111,700 obtained using portable scales. But for the expired certificate of registration, Petitioner's tractor- trailer was in compliance with the load requirements when stopped on August 26, 1986.
Conclusions This matter came before the Department for entry of a Final Order pursuant to submission of an Order Closing File by Lawrence P. Stevenson, an Administrative Law Judge of 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. On or about May 6, 2011, Respondent paid a civil fine of $500.00 by certified cashier’s check. 2. The Settlement Stipulation of Petitioner and Respondent is adopted and incorporated into this Final Order of the Department in accordance with its terms. Respondent shall comply with all terms and conditions herein. Filed May 24, 2011 2:46 PM Division of Administrative Hearings DONE AND ORDERED this at day of May, 2011, in Tallahassee, Leon County, Florida. Copies furnished: Carl Broglin Post Office Box 3683 Ocala, Florida 34478 Lawrence P. Stevenson Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 Dwight Davis, Bureau Chief Division of Motor Vehicles Wayne Jordan, Program Manager License Installer Program Ubld . Lambert, Interim 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 aeeaay of May, 2011. Nalini Vinayak, Dealer weconse Administrator
The Issue The issue is whether Respondent engaged in business activities requiring a motor vehicle dealer license while its license was suspended.
Findings Of Fact Respondent is a motor vehicle dealer that, at all material times, has been located at 5800 Northwest 27th Avenue, Miami. Except for the period of suspension discussed below, at all material times, Respondent has been licensed to operate as a motor vehicle dealer, holding license number VI-1005997. In the course of business, Respondent acquired possession of a 2007 Suzuki motor vehicle, bearing VIN KL5JD66Z97K644005. Respondent acquired title to the Suzuki by a state of Maryland Certificate of Salvage issued by Nationwide Insurance on August 13, 2010. The certificate shows "damage greater than 75% and repairable" and Respondent as the buyer. Following an informal hearing on May 2, 2012, Petitioner issued a final order on June 18, 2012, that, among other penalties, suspended Respondent's motor vehicle dealer license for 90 days, effective July 1, 2012, for issuing more than two temporary tags to the same person for the same vehicle, in violation of section 320.27(9)(b)17, Florida Statutes, and for issuing fraudulent temporary tags, in violation of section 320.131, Florida Statutes. On August 12, 2012, Respondent sold the Suzuki to 4A Body Shop, Inc. On August 2, 2012, Respondent executed the documentation necessary to complete this transaction.
Recommendation It is RECOMMENDED that the Petitioner enter a final order dismissing the Administrative Complaint. DONE AND ENTERED this 31st day of May, 2013, in Tallahassee, Leon County, Florida. S ROBERT E. MEALE Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 31st day of May, 2013. COPIES FURNISHED: Jennifer Clark, Agency Clerk Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-430 2900 Apalachee Parkway, Mail Stop 61 Tallahassee, Florida 32399 Herminio Frometa 5800 Northwest 27th Avenue Miami, Florida 33142 Dennis S. Valente, Esquire Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Tallahassee, Florida 32399 Boyd Walden, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B-435 2900 Apalachee Parkway Tallahassee, Florida 32399-0635 Steve Hurm, General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-432 2900 Apalachee Parkway Tallahassee, Florida 32399-0500
The Issue The issue in this case is whether the Respondent correctly assessed a fuel use tax or civil penalty against Petitioner for violations of Sections 207.004, and 316.545, Florida Statutes, and Chapter 320, Florida Statutes, for operating a commercial vehicle on a highway in the State of Florida without vehicle registration and fuel tax registration to operate in the state.
Findings Of Fact On June 1, 1991, a commercial vehicle, operated by Unruh Fab, Inc., was stopped on I-10 in Escambia County, Florida at a Department of Transportation weight station. The weight station is the last exit in Florida for westbound vehicles and is the first exit in Florida for eastbound vehicles. The vehicle was not displaying a fuel use tax device, as required by Section 207.004, Florida Statutes, for its interstate operations and was not registered to operate in the State of Florida as required by Chapter 320, Florida Statutes. The driver did not present any fuel use tax registration documentation or International Registration Plan (IRP) registration as an interstate apportioned vehicle.1/ The Department of Transportation Inspector issued a temporary fuel use permit and an I.R.P. trip permit to Respondent to allow the vehicle to proceed on its way. The total cost of the temporary permits was $75.00. The owner of the vehicle was assessed a $50.00 civil penalty for violation of Chapter 207, Florida Statutes. See, Section 316.545(4), Florida Statutes. Additionally, while the truck was at the weight station, the Department of Transportation Inspector weighed the vehicle. The truck weighed 42,920 pounds. Under Section 316.545, Florida Statutes, Petitioner's vehicle's weight could not exceed 35,000 pounds. Petitioner's vehicle exceeded the 35,000 pound legal weight by 7,920 pounds. A penalty of 5 cents a pound was assessed for each pound over the legal weight resulting in a penalty of $396.00.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That a Final Order be entered finding that the fee and penalty totaling $521.00 was correctly assessed Unrah Fab, Inc., by the Department of Transportation, under provisions of Sections 207.004 and 316.545, Florida Statutes, and Chapter 320, Florida Statutes. DONE and ENTERED this 1st day of June, 1992, in Tallahassee, Florida. DIANE CLEAVINGER, 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 1st day of June, 1992.
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 $600.00 by certified cashier’s check, receipt of which is acknowledged by the Department. 3. Each party will bear his or its own costs and attorney fees. DONE AND ORDERED this L 4 of July, 2009, in Tallahassee, Leon County, Florida. L A. FORD, Direet6r Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed with the Clerk of the Division otor Vehicles this 2 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 Anthony Bliss 5325 Northwest 49 Court Coconut Creek, Florida 33073 Larry J. Sartin Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550" Dwight Davis Bureau Chief, Division of Motor Vehicles Wayne Jordan Program Manager, License Installer Program 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
