Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Relinquishing Jurisdiction and Closing File by John D. C. Newton II, Administrative Law Judge of the Division of Administrative Hearings, a copy of which is 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. Said Order Closing File was predicated upon Respondent’s Notice of Withdrawal of Notice of Relocation and Motion to Dismiss, filed October 6, 2011. Accordingly, it is hereby ORDERED and that this case is DISMISSED. Filed October 26, 2011 9:16 AM Division of Administrative Hearings DONE AND ORDERED this_42 day of October, in Tallahassee, Leon County, Florida. Sandra C. Lambert, Director Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A435, MS 80 Tallahassee, Florida 32399 Filed with the Clerk of the Division_of Motorist Services this A day of October, 2011. he Vinayak, Dealer Hicense 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 30 days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. SCLivlg Copies furnished: J. Andrew Bertron, Esquire Nelson Mullins Riley & Scarborough, LLP 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 Robert Craig Spickard, Esquire Kurkin Forehand Brandes, LLP 800 North Calhoun Street, Suite 1B Tallahassee, Florida 32301 Michael L. Gore, Esquire Shutts and Bowen, LLP Post Office Box 4956 Orlando, Florida 32802 John D. C. Newton II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 Nalini Vinayak Dealer License Section
Conclusions This matter came on for determination by the Department upon submission of an Order of Dismissal and Order Relinquishing Jurisdiction by Daniel M. Kilbride, an Administrative Law Judge, of the Division of Administrative Hearings, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order of Dismissal and Order — Relinquishing Jurisdiction as its Final Order in this matter. ORDERED and ADJUDGED that Petitioner, Mega Power Sports Corporation, be granted a license for the sale of motorcycles manufactured by Kaitong Motorcycle Manufacture Co. Ltd. (KAIT) at 821 South Highway 17-92, Suite 101, Longwood (Seminole County), Florida 32750, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this 42 day of August, 2009, in Tallahassee, Leon County, Florida. , y Carl 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 yfMoror Vehicles this 2? day of August, 2009. NOTICE OF APPEAL RIGHTS wie Vinayak, Desier Netra 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: David Levison Mega Power Sports Corp. 5331 Vista Club Run Lake Forest, Florida 32771 Leo Su Galaxy Powersports, LLC d/b/a JCL International, LLC 2667 Northhaven Road Dallas, Texas 75229 David Cattafi David Cattafi d/b/a Direct Capital Motors 4107 South Orlando Drive, Suite C Sanford, Florida 32773 Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 Tallahassee, Florida 32399-0504 Daniel M. Kilbride 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
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Relinquishing Jurisdiction and Closing File by W. David Watkins, an Administrative Law Judge of the Division of Administrative Hearings, a copy of which is 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. Said Order Closing file was predicated upon a stipulated settlement agreement between the parties, filed August 5, 2010. Accordingly, it is hereby ORDERED that the Authorized Dealer Agreement between Solano Cycle, Inc. and Adly Moto LLC remains in full force va DONE AND ORDERED this Le day of August, 2010, in Tallahassee, Leon County, Florida. 'ARL A. FORD, Direct Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32399 Filed August 17, 2010 9:58 AM Division of Administrative Hearings. Filed with the Clerk of the Divisign of Motor Vehicles this day of August, 2010. N in Vinavak, Dealer 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. CAF:vlg Copies furnished: W. David Watkins Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 Garrett Laves Adly Moto LLC 1200 Lakeside Parkway, Suite 325 Flower Mound, Texas 75025 Martin Edward Solano Solano Cycle, Inc. 1024A South Main Street Gainesville, Florida 32601 Nalini Vinayak Dealer License Section
The Issue At issue in this proceeding is whether Respondent committed the offense set forth in the Administrative Complaint and, if so, what penalty should be imposed.
Findings Of Fact Petitioner, Department of State, Division of Licensing (Department), is a state agency charged, inter alia, with the duty and responsibility to license and regulate private security, investigative, and repossession services pursuant to Chapter 493, Florida Statutes. Respondent, John Thomas Beckom, is now, and was at all times material to this case, licensed by the Department as a Class "D" Security Officer, having been issued license number D96-13808, effective August 14, 1998. On September 4, 1997, in the Circuit Court, Eleventh Judicial Circuit, Dade County, Florida, Case No. 97-7098, Respondent pled nolo contendere to, inter alia, aggravated assault with a deadly weapon (a firearm), a third degree felony proscribed by Section 784.021, Florida Statutes. In response, the court withheld an adjudication of guilt and placed Respondent on probation for a term of two years. Respondent successfully completed the terms and conditions of his probation within one year, and was granted early termination by the court. As for the incident at issue, the proof demonstrated that the individuals involved were neighbors and residents of what was apparently a four-unit townhouse located in the 500- block of Northwest Fourth Court, Miami, Florida. Respondent (a relatively new addition to the neighborhood) resided in the end unit (at 590 Northwest Fourth Court) with his fiancée and long- time resident of that townhome, Jacqueline Archange. Next to them (at 580 Northwest Fourth Court) resided another long-time resident, Gwendolyn Darden and her family; and next to her (at 570 Northwest Fourth Court) resided another long-time resident, Jean Wagnac and his family. As for the quality of their living arrangements, it is apparent that for many years (perhaps as many as 15 years) Archange and the Darden family had lived an acrimonious life, and had called the authorities on a number of occasions to complain of perceived slights or wrongs (such as threats, loud music, and loose pets). On the other hand, the Wagnac family appears to have lived quietly and largely avoided (although not completely) any unpleasantness from the Archange (Respondent's) household. Turning to the circumstances of the offense at issue, the Department offered the testimony of the "victim," Jean Wagnac, who averred that on March 1, 1997, the following events occurred: A I was going to work . . . and I stepped outside to go to my van to go to work because I had a friend of mine who worked the same place. It was really on the outside. I was outside. I didn't know what was going on outside. I saw him [Respondent] stand up by the tree. * * * I turned around to look, and he say [sic] . . . "What the fuck are you looking at, you Haitian you." I didn't say nothing to him. I walked back in my house to get my keys to get in the van. [When I came back he had] . . . a gun and point it at me and say "I will shoot your fucking ass." * * * Q Do you know why he did that? A I don't know. Q Had you ever spoken to Mr. Beckom? A No, no. Not even a word. Q to this day, do you know why he did that? A I don't know why. I would like to know. * * * Q What did you do after? A After that I went back inside. I was going to call the police. Q What happened then? A Then I wait about five or ten minutes, because I had to go to work. I told my wife if the police come, then tell the police that I'd be at work, give them the number to call me. So, on my way back to the van, I was making a left turn on 6th Street and 4th Court. He picked up a bag -- Q -- When you say "he", then you mean Mr. Beckom. A Mr. Beckom. He picked up a bag full of trash, and threw it to the back of my van. Q Then what did you do? A I back up, and I say, "I will stay here and wait until the police come." Q And what did the police do? A And when the police arrived, he was nowhere to be found. * * * Q I just want to clarify . . . when he approached you . . . with a weapon . . . [w]hat type of weapon was that? A It was a silver weapon. Q When you say a weapon, what type of a weapon was it? A It was a hand-gun. On cross-examination, in response to Respondent's query as to why he would have approached Mr. Wagnac with a weapon, Mr. Wagnac could only opine: A Listen, you were arguing with your wife [fiancée]. I don't know what was wrong between you and your wife, but you wanted to take it on [sic] somebody. . . . According to Ms. Darden, she heard arguing outside and went outside to see "what's going on." At that time she observed Respondent point the gun at Mr. Wagnac and "grabbed my children, and run on back in my house." A police officer with the City of Miami Police Department, was dispatched at 9:51 a.m., and arrived on the scene at 10:01 a.m. At the time, Mr. Wagnac and Ms. Darden were interviewed, and gave statements that were generally consistent with their testimony at hearing. Ms. Archange was also interviewed, but apparently offered no information. A description of the Respondent (who was absent at the time) was taken and an "assault unit notified, a BOLO put out and a message ref[erencing] the incident was left w/the suspect's girlfriend [presumably Ms. Archange]." (Respondent's Exhibit 1.) The police officer was subsequently called back to the location (at or about 1:00 p.m. that day) and, while enroute, observed Respondent's vehicle at the intersection of Northwest Fourth Avenue and Sixth Street. The officer stopped, approached Respondent, and took him into custody without apparent incident. Following a reading of his Miranda rights, Respondent admitted to throwing a paper bag and arguing with Mr. Wagnac, but denied having a gun. (Respondent's Exhibit 1.) Contrasted with the perception of the events of March 1, 1997, one would glean from the testimony of Mr. Wagnac and Ms. Darden, as well as the incident reports prepared by the City of Miami police officer who responded to the incident (Respondent's Exhibit 1), Ms. Archange and Respondent testified that Respondent did not possess or threaten Mr. Wagnac with a handgun, and that the testimony Mr. Wagnac and Ms. Darden offered regarding the events of March 1, 1997, were "lies." They did not, however, elaborate on or offer any explanation for the dispute that clearly occurred that day. As for the circumstances surrounding his plea, Respondent averred that he accepted a plea agreement on advice of counsel (who apparently advised him he had an even chance (a "fifty fifty chance") of being convicted) and pled nolo contendere, not because he was guilty of the underlying offense (aggravated assault with a deadly weapon), but to avoid the uncertainty associated with a criminal trial and the risk of imprisonment for a term of up to 5 years. Here, considering the proof, it must be concluded that, notwithstanding the protestations and explanations offered by Respondent and Ms. Archange to the contrary, Respondent (for reasons not apparent of record and perhaps known only to him) cast heated, spiteful words at Mr. Wagnac, and, during the course of such altercation, brandished a deadly weapon with a threat to do violence to Mr. Wagnac's person. Given the paucity of information Respondent offered regarding the incident, as well as the lack of reliability of the explanation he chose to offer, it must be concluded that Respondent failed to offer any credible explanation of the circumstances surrounding his nolo contendere plea to rebut the implication that he committed the underlying felony offense. To the contrary, the proof is compelling (consistent with the observations of Mr. Wagnac and Ms. Darden, as well as the incident reports prepared by the City of Miami police officer who responded to the incident) that Respondent did engage in such criminal conduct and, through a plea agreement, successfully mitigated the consequence of his conduct.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered finding that Respondent violated the provisions of Section 493.6118(4)(c), Florida Statutes, and that, as a penalty for such offense, Respondent's Class "D" Security Officer license be revoked. DONE AND ENTERED this 26th day of January, 2000, in Tallahassee, Leon County, Florida. WILLIAM J. KENDRICK 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 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 26th day of January, 2000. COPIES FURNISHED: Douglas D. Sunshine, Esquire Department of State Division of Licensing The Capitol, Mail Station No. 4 Tallahassee, Florida 32399-0250 John Thomas Beckom Post Office Box 010073 Miami, Florida 33101-0073 Honorable Katherine Harris Secretary of State The Capitol, Plaza Level 02 Tallahassee, Florida 32399-0250 Deborah K. Kearney, General Counsel Department of State The Capitol, Lower Level 10 Tallahassee, Florida 32399-0250
Conclusions By letter dated March 31, 2010, the Agency for Persons with Disabilities (APD) informed Angels of America, Inc., that it was terminating the Medicaid Waiver Services Agreement that it and Angels of America had entered into. Following the receipt of a request for an administrative hearing, the matter was referred to the Division of Administrative Hearings (DOAH). On May 26, 2010, APD moved to dismiss the proceeding on the basis that Petitioner had not shown that its substantial interests would be affected by the Agency’s action. On June 9, 2010, the Administrative Law Judge entered an Order Relinquishing Jurisdiction and Closing File. THEREFORE, based on the foregoing and being otherwise fully apprised of the premises, it is hereby ORDERED that the hearing request filed in the above-styled case is hereby DISMISSED and this case is CLOSED, DONE AND ORDERED, this 16th day of June, 2011, in Tallahassee, Leon County, Florida. _ . PSY Nt ee Percy W. Mallison, Jr., Esquire Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, FL 32399-0700 APD-11-4859-FO | 1 Filed June 16, 2011 1:04 PM Division of Administrative Hearings CERTIFICATE OF SERVICE Copies provided to: Jeffrey C. Marty, Esa. Juan R. Collins, Esq. Post Office Box 3159 Agency for Persons with Disabilities Zephyrhills, Florida 33539 4030 Esplanade Way, Suite 335B Tallahassee, Florida 34785 APD Area 13 Office | HEREBY CERTIFY that a copy of this Final Order was provided to the above- named individuals at the listed addresses, by U.S. Mail or electronic mail, this 16th day of June, 2011. Percy i Mallison, Jr., Agency Clerk Agency for Persons with Disabilities 4030 Esplanade Way, Suite 380 Tallahassee, Florida 32399-0950 APD-11-4859-FO | 2
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing Files and Relinquishing Jurisdiction by R. Bruce McKibben an Administrative Law Judge of the Division of Administrative Hearings, and the Petitioner’s Notice of Voluntary Dismissal With Prejudice, 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 19 day of March, 20K" in Tallahassee, Leon County, Florida. Filed in the official records of the Division of Motorist Services this \ | day of March, Bureau of Issuance Oversight 2014. Division of Motorist Services Department of Highway Safety and Motor Vehicles Tobin: Virago Neil Kirkman Building, Room A338 Nalini Vinayak, Dealer License Administrator Tallahassee, Florida 32399 Filed March 20, 2014 10:47 AM Division of Administrative Hearings 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. Copies furnished: Jason T. Allen, Esquire Bass, Sox and Mercer, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 jallen@dealerlawyer.com Jonathan Brennen Butler, Esquire Akerman Senterfitt 222 Lakeview Avenue, Suite 400 West Palm Beach, Florida 33401 Jonathan. butler@akerman.com 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 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DAYTONA BEACH CYCLES, LLC, dba INDIAN VICTORY OF DAYTONA Petitioner, vs. CASE NO. 13-4593 POLARIS SALES, INC., Respondent. NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE Petitioner Daytona Beach Cycles, LLC dba Indian Victory of Daytona, having amicably settled this matter, hereby voluntarily dismisses this action, with prejudice. 4s/ Jason T. Allen Jason T. Allen BASS SOX MERCER 2822 Remington Green Circle Tallahassee, FL 32308 850.878.6404 jallen@dealerlawyer.com Attorneys for Petitioner CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true copy of the foregoing has been furnished by email to Jonathan B. Butler, Esquire, jonathan.butler@akerman.com, this 13" day of March, 2014. 4s/ Jason T. Allen Jason T. Allen Filed March 13, 2014 12:43 PM Division of Administrative Hearings STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DAYTONA BEACH CYCLES, LLC, d/b/a INDIAN VICTORY OF DAYTONA, Petitioner, vs. Case No. 13-4593 POLARIS SALES, INC., Respondent. ORDER CLOSING FILE AND RELINQUISHING JURISDICTION This cause having come before the undersigned on the Notice of Voluntary Dismissal with Prejudiced, filed March 13, 2014, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing scheduled for February 18 through 20, 2014, is canceled. 2. The file of the Division of Administrative Hearings is closed. Jurisdiction is relinquished to the agency. DONE AND ORDERED this 13th day of March, 2014, in Tallahassee, Leon County, Florida. RE M . R. BRUCE MCKIBBEN 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 13th day of March, 2014. COPIES FURNISHED: Jennifer Clark, Agency Clerk Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A430 2900 Apalachee Parkway, MS 61 Tallahassee, Florida 32399 (eServed) Jason T. Allen, Esquire Bass, Sox and Mercer, P.A. 2822 Remington Green Circle Tallahassee, Florida 32308 (eServed) Jonathan Brennen Butler, Esquire Akerman Senterfitt Suite 400 222 Lakeview Avenue West Palm Beach, Florida 33401 (eServed)
Conclusions An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Relinquishing Jurisdiction And Closing File in this proceeding.
Other Judicial Opinions OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9. 030(b)(1\C) AND 9.110. TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE FILED WITH THE DEPARTMENT’S AGENCY CLERK, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS OF THE DAY THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT OF APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES. Final Order No. DEO-11-0001 YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE DISTRICT COURT OF APPEAL. MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. CERTIFICATE OF FILING AND SERVICE ———— EEE THEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Economic Development, and that true and coyrect copies have been furnished to the persons listed below in the manner described, on this [PC Any of October, 2011. f Miriam Snipes, Agency Clerk DEPARTMENT OF ECONOMIC OPPORTUNITY 107 East Madison Street, MSC 110 Tallahassee, Florida 32399-4128 By U.S. Mail and Electronic Mail: Marlin M. Feagle, Esq. 153 N.E. Madison Street PO Box 1653 Lake City, Fl 32056-1653 Phone: (386) 752-7191 Fax: (386) 758-0950 leagle@bellsouth.net By Hand Delivery: By Filing with DOAH: David L. Jordan, Assistant General Counsel The Honorable David Maloney Department of Economic Opportunity Division of Administrative Hearings 107 East Madison Street, MSC 110 The DeSoto Building Tallahassee, Florida 32399-4128 1230 Apalachee Parkway Tallahassee, FL 32399-1550
Conclusions An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Relinquishing Jurisdiction and Closing File in this proceeding. A copy of the Order is attached to this Final Order as Exhibit A.
Other Judicial Opinions REVIEW OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030(b)(1)(C) AND 9.110. TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE FILED WITH THE DEPARTMENT’S AGENCY CLERK, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS OF THE DAY THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT OF APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES. YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE DISTRICT COURT OF APPEAL. MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER NO. DCA 11-GM-150 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished by U.S. Mail to each of the persons listed below on this DG os Miley con By U.S. Mail The Honorable Bram D. E. Canter Administrative Law Judge \ Paula Ford Agency Clerk Department of Community Affairs 2555 Shumard Oak Blvd Tallahassee Florida 32399-2100 Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 By Electronic Mail Mark F. Lapp, Esquire County Attorney Post Office Box 2340 LaBelle, Florida 33975 mlapp@hendryfla.net Ralf Brooks, Esquire 1217 East Cape Coral Parkway, #107 Cape Coral, Florida 33904 ralf@ralfbrookesattorney.com Nancy Linnan, Esquire Martha Harrell Chumbler, Esquire Carlton Fields, P.A. 215 South Monroe Street, Suite 500 Post Office Drawer 190 Tallahassee, Florida 32302-0190 nlinnan@carltonfields.com mcehumbler@carltonfields.com Lynette Norr, Esquire Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Lynette.Norr@dca.state.fl.us FINAL ORDER NO. DCA 11-GM-150
Findings Of Fact 8. The factual allegations contained in the Stop-Work Order and Order of Penalty Assessment issued on March 25, 2010, the Amended Order of Penalty Assessment issued on April 16, 2010, the Order to Show Cause issued on December 17, 2010, and the Order Relinquishing Jurisdiction and Closing File issued on January 3, 2011, which are fully incorporated herein by reference, are hereby adopted as the Department’s Findings of Fact in this case.
Conclusions THIS PROCEEDING came on for final agency action and Jeff Atwater, Chief Financial Officer of the State of Florida, or his designee, having considered the record in this case, including the Stop-Work Order and Order of Penalty Assessment, the Amended Order of Penalty Assessment, the Order to Show Cause, and the Order Relinquishing Jurisdiction and Closing File served in Division of Workers’ Compensation Case No. 10-079-D7, and being otherwise fully advised in the premises, hereby finds that: 1. On March 25, 2010, the Department issued a Stop-Work Order and Order of Penalty Assessment to MATCHTECH, INC. 2. On March 29, 2010, the Stop-Work Order and Order of Penalty Assessment was served by certified mail on MATCHTECH, INC. A copy of the Stop-Work Order and Order of Penalty Assessment is attached hereto as “Exhibit A” and incorporated herein by reference. 3. On April 16, 2010, the Department issued an Amended Order of Penalty Assessment to MATCHTECH, INC. The Amended Order of Penalty Assessment assessed a total penalty of $17,613.20 against MATCHTECH, INC. 4. On April 22, 2010, the Amended Order of Penalty Assessment was served by certified mail on MATCHTECH, INC. A copy of the Amended Order of Penalty Assessment is attached hereto as “Exhibit B” and incorporated herein by reference. 5. On May 7, 2010, MATCHTECH, INC. filed a request for Administrative Review (“Petition”), requesting review of the Amended Order of Penalty Assessment. The petition for - administrative review was forwarded to the Division of Administrative Hearings on June 2, 2010, and the matter was assigned DOAH Case No. 10-3038. A copy of the Petition is attached hereto as “Exhibit C” and incorporated herein by reference. 6. On December 17, 2010, the Administrative Law Judge issued an Order to Show Cause requiring MATCHTECH, INC. to show cause why this action should not be relinquished to the agency for failure to appear at a scheduled deposition. A copy of the Order to Show Cause is attached hereto as “Exhibit D” and incorporated herein by reference. 7. On January 3, 2011, the Administrative Law Judge issued an Order Relinquishing Jurisdiction and Closing File. A copy of the Order Relinquishing Jurisdiction and Closing File is attached hereto as “Exhibit E” and incorporated herein by reference.
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing Files and Relinquishing Jurisdiction by Claude B. Arrington an Administrative " Law Judge of the Division of Administrative Hearings, and the Petitioner’s Notice of Dismissal, 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 \ day of June, 2014, in Tallahassee, Leon County, ° Florida. Cobur Filed in the official records of the Division of Julie Baker, Chief Motorist Services this _}‘ l day of June, Bureau of Issuance Oversight 2014. Division of Motorist Services Department of Highway Safety and Mobs D: le Motor Vehicles ne NO Neil Kirkman Building, Room A338 Nalini Vinayak, Dealer License Administrator Tallahassee, Florida 32399 Filed June 19, 2014 7:45 AM Division of Administrative Hearings Copies furnished to: Nalini Vinayak Dealer License Section A. Edwagqrd Quinton, III, Esquire Adams, Quinton and Paretti, P.A. Brickell Bayview Center 80 Southwest 8th Street, Suite 2150 Miami, Florida 33130 equinton@adamsquinton.com J. Andrew Bertron, Esquire Nelson, Mullins, Riley and Scarborough 3600 Maclay Boulevard South, Suite 202 Tallahassee, Florida 32312 Andy.bertron@nelsonmullins.com Claude B. Arrington 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.
