The Issue Whether the Respondent committed the violation alleged in the Administrative Complaint dated September 17, 1998, and if so, the penalty that should be imposed.
Findings Of Fact Based on the oral and documentary evidence presented at the final hearing and on the entire record of this proceeding, the following findings of fact are made: The Department is the state agency charged with the responsibility for investigating and prosecuting complaints pursuant to Chapters 455 and 475, Florida Statutes (1997). The Florida Real Estate Commission operates within the Department and is the entity directly responsible for licensing and disciplining persons licensed under Chapter 475, Florida Statutes (1997). Section 475.02, Florida Statutes (1997). The Division of Real Estate operates within the Department and assists the Commission in carrying out its statutory duties. Section 475.021, Florida Statutes (1997). Mr. Lista is, and was at all times material to this proceeding, a licensed real estate salesperson, having been issued Florida license number SL-0647732. Mr. Lista's license is currently on inactive status. Mr. Lista submitted to the Department an Application for Licensure as a Real Estate Salesperson dated January 14, 1997, and received by the Department on January 27, 1997. Question number 9 on the application requests that the applicant answer "Yes" or "No" to the following: Have you ever been convicted of a crime, found guilty, or entered a plea of guilty or nolo contendere (no contest), even if adjudication was withheld? This question applies to any violation of the laws of any municipality, county, state or nation, including traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, paroled, or pardoned. If you intend to answer "NO" because you believe those records have been expunged or sealed by court order pursuant to Section 943.058, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO." If you answered "Yes," attach the details including dates and outcome, including any sentence and conditions imposed, in full on a separate sheet of paper. Your answer to this question will be checked against local, state and federal records. Failure to answer this question accurately could cause denial of licensure. If you do not fully understand this question, consult with an attorney or the Division of Real Estate. Mr. Lista answered "No" to question number 9 on the application for licensure. He signed his name below the Affidavit of Applicant, which provides as follows: The above named, and undersigned, applicant for licensure as a real estate salesperson under the provisions of Chapter 475, Florida Statutes, as amended, upon being duly sworn, deposes and says that (s)(he) is the person so applying, that (s)(he) has carefully read the application, answers, and the attached statements, if any, and that all such answers and statements are true and correct, and are as complete as his/her knowledge, information and records permit, without any evasions or mental reservations whatsoever; that (s)(he) knows of no reason why this application should be denied; and (s)(he) further extends this affidavit to cover all amendments to this application or further statements to the Division of Administrative Hearings or its representatives, by him/her in response to inquiries concerning his/her qualifications. Mr. Lista's signature was notarized, and he submitted the application to the Department in January 1997. The Department approved Mr. Lista's application and issued a Florida real estate salesperson license. The Department subsequently learned that, on December 10, 1985, Mr. Lista pleaded guilty to one misdemeanor charge of Disorderly Intoxication, one misdemeanor charge of Resisting an Officer Without Violence to His Person, and one misdemeanor charge of Assault. Adjudication was withheld by the court, and Mr. Lista was sentenced to probation for a period of six months. Mr. Lista was represented by an attorney in the criminal proceedings, who appeared in court and handled the matter for Mr. Lista. At the time of the final hearing, Mr. Lista recalled being arrested, going to the police station, and being released after about 30 to 45 minutes without having to post bond, and he recalled the details of the 1985 incident leading to his arrest. Mr. Lista also recalled receiving copies of the dispositions of the criminal charges against him. Mr. Lista testified that, at the time he was filling out the application for licensure, he did not recall the guilty pleas and the sentence of probation because the incident had happened 12 years previously. The evidence presented by the Department is sufficient to establish with the requisite degree of certainty that Mr. Lista misrepresented his criminal history by answering question number 9 in the negative. At the very least, the evidence supports a finding that Mr. Lista acted carelessly in answering question number 9 in the negative; certainly, had he reflected for a few moments, he would have recalled the 1985 incident, as well as the guilty pleas and sentence of probation.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Real Estate Commission enter a final order finding that Emilio Daniel Lista is guilty of violating Section 475.25(1)(m), Florida Statutes (1997); suspending his real estate salesperson license for a period of one year; and imposing an administrative fine in the amount of $1,000.00. DONE AND ENTERED this 14th day of July, 2000, in Tallahassee, Leon County, Florida. PATRICIA HART MALONO 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 14th day of July, 2000.
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by Suzanne Van Wyk, an Administrative Law Judge of the Division of Administrative Hearings, pursuant to Respondent’s withdrawal of Request for Hearing by failing to appear at the duly-noticed final hearing. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Filed December 18, 2014 8:38 AM Division of Administrative Hearings Accordingly, it is hereby ORDERED that the Dealer Sales and Service Agreement between MotoFino USA, Inc. and Navitas Financial Group, Inc. d/b/a Pompano Pats Deland and Beach Street Bikes, Inc. d/b/a Pompano Pats Deland is terminated. DONE AND ORDERED this i day of December, 2014, in Tallahassee, Leon ; Cybur Julie 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 County, Florida. Filed with the Clerk of the Division of Motorist Services this_| i l day of December, 2014. 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:wev Copies furnished: Patrick M. Johnson The Navitas Financial Group, Inc. 2075 South Woodland Boulevard Deland, Florida 32720 i) Jessica Richeson MotoFino, USA, Inc. 2167 Gordon Highway Augusta, Georgia 30909 Thomas Simpson, President MotoFino USA, Inc. 2167 Gordon Highway Augusta, Georgia 30909 Suzanne Van Wyk 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 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
Recommendation Based upon the foregoing Findings of Fact and Conclusions of Law the Hearing Officer recommends that the Department of Transportation take no action against the subject sign. DONE and ORDERED this 4th day of June, 1979, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of June, 1979. COPIES FURNISHED: Frank H. King, Esquire Department of Transportation Haydon Burns Building Tallahassee, Florida 32301 James P. Appleman, Esquire 206 Market Street Post Office Box 385 Marianna, Florida 32446
The Issue The issues in this case are: (a) Whether Respondent, Michael T. Scott ("Scott"), on October 23, 2010, knowingly made a false statement under oath in an official proceeding to Lee County Traffic Court Magistrate William Belcher; and (b) Whether, Scott, on September 16, 2009, made a false statement in a sworn statement to Investigator Charles Battaglia.
Findings Of Fact The Commission is the state agency responsible for, inter alia, certifying and revoking the certification of law enforcement officers and instructors, including agency in-service training instructors and criminal justice training schools. It is, therefore, the Commission's responsibility to take disciplinary action against any law enforcement officer who violates statutes or rules relating to the certifications issued by the Commission. Scott, at all times pertinent hereto, held law enforcement certificate No. 274912. The certificate was issued on April 3, 2008. Scott was employed by FHP in 2008. After a period of orientation and training with FHP, Scott was "released" to engage in all duties incumbent upon an FHP trooper. Scott was released to full duty sometime in July 2008. On August 9, 2008, Scott was part of a detail under the supervision and direction of Sgt. Petracca. The detail was located at the intersection of U.S. Highway 41/Cleveland Avenue ("Highway 41") and Hancock Bridge Parkway (the "Parkway") in North Fort Myers, Florida. The purpose of the detail was to issue tickets to drivers at that intersection who were making illegal u-turns on Highway 41 or making illegal right turns from the Parkway. The detail assembled at the intersection around three to four o'clock in the afternoon. The detail worked as follows: Sgt. Petracca or another officer would be located in the first or second parking space closest to the intersection in the Walgreen's parking lot. From that vantage point, Sgt. Petracca could see through her windshield any cars making an illegal u-turn on Highway 41 from the northbound lane. She could also see the traffic light standard facing the Parkway and, from her left side window, observe eastbound cars making a right turn from that street on to Highway 41. There was a sign at the intersection indicating that right turns on red were not allowed.1/ Other patrol cars (called "chase cars") were stationed further south in the Walgreen's parking lot. The chase cars were lined up, and each car would give chase, in turn, when Sgt. Petracca called out a violation. The next cars in line would then pull forward and await a call from Sgt. Petracca. If Sgt. Petracca saw a car making an illegal u-turn or turning right on red, she would radio a chase car and identify the car which had engaged in the illegal behavior. The chase car would then pursue the violator and issue a traffic citation to the driver. The physical geography of the intersection is of extreme importance to the facts in this case. No pictures exist of the site as it existed on the date in question. Several pictures, made after the fact, show the site from various viewpoints, but none of the pictures provide a complete, comprehensive idea of what a person could actually see from any particular vantage point. Various witnesses testified as to what they could see from the vantage points in question, but they do not all agree as to what could be seen. The Traffic Citation On the day in question, a traffic citation was issued by Scott to a driver named Terry DeBoard. DeBoard was cited for making a right turn on to Highway 41 from the Parkway while there was a red arrow showing on the traffic light. DeBoard contested the ticket, saying that the light was not red and that Scott could not have seen the light from his vantage point in the Walgreen's parking lot. The traffic citation was not introduced into evidence, but the parties stipulate that Florida Uniform Traffic Citation No. 1387-SNF was issued to DeBoard by Scott at 6:11 p.m., on August 9, 2008. The traffic citation does not list any other officers responsible for issuing the citation. That is, neither Sgt. Petracca, nor any other officer is listed as the "spotter" who saw the infraction and radioed it to Scott. Scott pulled DeBoard over several hundred yards south of the intersection. According to DeBoard's sworn statement, he asked Scott how he was able to see the light, and Scott told him that Scott's sergeant was stationed at a fast food restaurant near the intersection and that she could see the light. Scott remembers DeBoard asking him something about a Burger King, but does not remember mentioning his sergeant. The Chase Car Location The reason Sgt. Petracca was set up near the corner of the Walgreen's parking lot was so that she could witness violations and report them to the chase cars. The chase cars were not placed in a position to see whether the light for the turn lanes was red or green. Initially upon arriving at the site on the day in question, there was a short briefing before the chase cars lined up. The cars were first lined up at the end of the parking lot, but just off Highway 41. When it appeared their cruisers might be blocking traffic coming into the parking lot, the line of chase cars backed up some 30 to 60 feet from the road. Farther back still, there was an island of grass separating some of the parking spaces from the entrance road. After receiving his first call and chasing a violator, Scott parked his car next to the island in the parking lot. This became his "wait" position for all future calls. Other cruisers were supposedly parked ahead of him and to his right, so it is impossible to determine how Scott fell into the rotation when a call was received from Sgt. Petracca. There were a number of trees between the parking lot and Highway 41, making it more difficult to see across the highway to where the traffic light standard was located. At least one of the trees had been removed when pictures of the site were taken by an FHP investigator some months later. Traffic Court Appearance Scott was obligated to appear in traffic court on the date DeBoard's ticket came up, because he was the ticketing officer. It is necessary for all officers involved in issuing a ticket to be available to testify in court if the offender challenges the citation. No other officer was listed on the citation by Scott. On September 16, 2009, some 13 months after the ticket had been issued, DeBoard's case was heard in traffic court. Both DeBoard and Scott testified in the traffic court case, but no other officer was called to testify in that case. Prior to the case being called, Scott approached Sgt. Taylor, who was waiting in court to testify in another matter and inquired as to whether Sgt. Petracca was in court that day. Both Sgt. Taylor and Sgt. Petracca surmised that Scott inquired about Sgt. Petracca in order to get her to testify in DeBoard's case, because he knew that he had made a mistake not listing her as a witness. While the logic of that supposition is reasonable, there is no corroboration or other support to verify it. Scott says he did not list Sgt. Petracca as a witness on the citation, because she was not needed. That is, he made the traffic stop based on his own observation of the violation. He saw both the red signal and that DeBoard turned right against the arrow. The Line-of-Sight Discussion As stated previously, there are photographs in evidence that give a general overview of the intersection from various perspectives. None of the photos, however, provide persuasive evidence as to what a person might observe from any point within the general area. Testimony of persons actually on site on the day in question is, thus, imperative. Those persons testified as follows: Sgt. Petracca remembers being parked in the first parking space closest to the intersection. The reason for selecting that spot was that it was the best place to be able to observe traffic movement and the status of the traffic light at any given moment. The detail was set up the way it was primarily because of the configuration of the site, i.e., parts of the parking lot did not have a clear view of the traffic light. Cpl. Williams served as both the spotter and as a chase car during the detail. When he acted as a chase car, he parked along the outer edge of the parking lot, fairly close to Highway 41. He could not see the traffic light from where he parked, but could not say if a person parked further back could see the light. Officer Langley was summoned to the site on September 20, 2009, ostensibly to assist FHP.2/ When Officer Langley arrived, he was asked by Scott, who was wearing civilian clothes, to notarize a written statement by another person who was there. The other person had issued a statement saying he could see the traffic light from a particular location in the parking lot, i.e., approximately the same spot that Scott says his car was located on the day in question. Scott then handed Officer Langley a Witness Interview Form and asked him to state on the form whether Officer Langley could see the traffic light from a particular spot. Officer Langley issued the statement, but testified that he did not go to other places in the parking lot to determine if he could see the light. Officer Langley's statement says he was "approximately 30 feet from the entrance/exit of this parking lot." It does not appear his estimation is accurate, and Officer Langley admitted that he is not good with distances. Furthermore, this visualization occurred approximately a year after the day in question. Cpl. Cramer was on site on the day in question. He says he was generally parked in the line of chase cars close to the curb at the entrance to the parking lot. From there, he could not see the traffic light, but the light might be visible from some other (undisclosed) spots in the parking lot. Gibson is a civilian who met Scott at church. Scott asked him to visit the site and make a visual determination for him. Gibson said he could see part of the red arrow on the traffic light from the spot where Scott said his car had been parked on the day in question. Gibson was the person whose statement Officer Langley notarized. Again, this was long after the day in question and, obviously, Gibson could not verify where Scott's car was parked on that day. Scott says that he parked next to the island and could see the red turn arrow on the traffic standard from that vantage point. However, when Scott revisited the area just prior to his sworn statement to Investigator Battaglia, he said that it appeared to be more difficult to see the light than he earlier remembered. Lt. Sellers took a number of pictures of the site on December 7, 2010, but it is impossible to determine whether the images are reflective of the site as it existed on August 9, 2008. Lt. Sellers could not see the red arrows from the spot where Scott said he was parked on the day in question. From the totality of the evidence and considering the credibility of each witness, it appears more likely than not that the chase cars would not have been in a position to see the red arrows on the traffic light at approximately 6:00 p.m., on August 9, 2008. However, there is no persuasive evidence as to exactly where Scott's cruiser was parked on that day. If he was generally in the position of the other cruisers, he could not have seen the light. If he was somewhere else in the parking lot, he might have been able to do so. Scott remembers seeing DeBoard make the turn and seeing the red arrow on the traffic light. Thus, Scott pulled DeBoard over and issued a citation, not bothering to put the spotter's name on the ticket as a witness. Scott admits that his note-taking on tickets was not up to par about that time, but says Sgt. Petracca's name was not on the ticket because he did not need her testimony. Scott later testified in traffic court under oath that he could see the red arrow on the traffic light and could see DeBoard make the right-hand turn. Subsequently, Scott made a sworn statement to an investigator that he could see the red arrow on the traffic light and could see DeBoard make the right-hand turn. Inasmuch as there is evidence to the effect that chase car officers in the detail could not observe the traffic light from where they were parked, the Commission believes Scott perjured himself in the traffic court testimony and in the sworn statement.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by Petitioner, Criminal Justice Standards and Training Commission, dismissing the charges against Respondent, Michael T. Scott. DONE AND ENTERED this 29th day of June, 2011, in Tallahassee, Leon County, Florida. 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 29th day of June, 2011.
The Issue The issue for consideration herein is whether the Respondent's business sign, located north of Pembroke Drive on U.S. Highway 41 in Port Charlotte, Florida, violates Section 479.11(6), Florida Statutes, which prohibits the display of signs using the words "stop" or "danger" adjacent to a specified highway.
Findings Of Fact The Department of Transportation is the state agency responsible for controlling the placement of advertising signs along the rights of way of the highway system in Florida. On March 22, 1990, John v. Hanrahan, an outdoor advertising inspector for the Department in southwest central Florida was driving south on U.S. Highway 41 in Charlotte County, Florida, when he observed the Respondent's sign, located approximately 100 feet north of Pembroke Drive on the northbound side of the highway. The faces of the sign, which was perpendicular to the highway, were readable from both the north and south. The sign is located approximately 15 feet east of the eastern edge of the highway. It is not, however, located on the highway right of way. It is adjacent to but outside the northwest corner of the Respondent's parking lot. The sign is an internally lighted, plastic, double-sided sign on posts. The distance from the ground to the bottom of the sign is at least 15 feet, (the installer says 20 feet), and from the ground to the top of the sign is 32 feet. On both faces of the sign is a replication of an octagonal "stop sign," a traffic control sign, in red with white letters spelling "STOP," and a white border with a black outline around the border. The whole sign is 8 to 10 feet wide and though the installer says the replication is four feet from top to bottom and from side to side, including the border, examination of the photograph of the sign, introduced by the Petitioner, reflects it is bigger than that. The replication is almost as wide as the sign itself which can be seen from 400 feet away to the north and 100 feet away to the south. Mr. D'Arcy, the individual who installed the sign, claims that due to the height of the sign and its distance up in the air, it does not reasonably appear as a traffic control sign. Before installing the sign, he secured a permit, without objection, from Charlotte County after an application, including the design of the plan, was submitted to the permitting office. He did not, however, submit the installation plan to the state. Section 479.11(6), Florida Statutes, prohibits the use or maintenance of a sign which uses the words "stop" or "danger", or which is a copy or imitation of an official traffic control sign and which is adjacent to a highway. Mr. Hanrahan, who has worked as an inspector for several years, has cited several other establishments which use the word "stop" in their outdoor signs because they were in violation of the statute. His normal procedure is to talk with the sign owner in an attempt to resolve the problem before issuing a citation. He did that in this case as well, but the owner failed to make the necessary change voluntarily, and he, therefore, issued the citation. The owner of the sign claims he had an almost identical sign outside his former place of business in the area, (a 4 foot stop sign with the word "carpet" on top) prior to 1984 without objection. The former Sheriff of Charlotte County during the period indicated he had received no complaints about that sign during his tenure in office. As a former traffic enforcement officer, considering the instant sign and the circumstances of its placement, he does not believe it could reasonably be mistaken for an official stop sign. The evidence of record indicates to the contrary, however, and as situated, it would appear that the sign constitutes a traffic safety hazard.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is, therefore: RECOMMENDED that a Final Order be entered in this case upholding the validity of the Violation Notice in issue here, and requiring the Respondent, Carpet Stop, Inc., to remove the offending portion of the sign from its current location. RECOMMENDED this 20th day of August, 1990, in Tallahassee, Florida. ARNOLD H. POLLOCK 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 20th day of August, 1990. COPIES FURNISHED: Vernon L. Whittier, Jr., Esquire Department of Transportation 605 Suwannee Street, M.S. 58 Tallahassee, Florida 32399-0458 H. Vernon Davids, Esquire 165 West Green STreet Englewood, Florida 34223 Ben G. Watts Secretary Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458 Thornton J. Williams General Counsel Department of Transportation 562 Haydon Burns Building 605 Suwannee Street Tallahassee, Florida 32399-0458
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing Files and Relinquishing Jurisdiction by Stuart M. Lerner an Administrative Law Judge of the Division of Administrative Hearings, 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 ro) day of June, 2014, in Tallahassee, Leon County, e . Filed in the official records of the Division of Julie Baker, Chief Motorist Services this a day of June, _—_ Bureau of Issuance Oversight 2014. Division of Motorist Services Department of Highway Safety and Motor Vehicles Maln: CZ ia A < Neil Kirkman Building, Room A338 Nalini Vinayak, Dealer License Administrator Tallahassee, Florida 32399 Florida. Filed June 24, 2014 7:21 AM Division of Administrative Hearings Copies furnished to: Nalini Vinayak Dealer License Section Brigitte Bourget Bourget’s Bike Works, Inc. 21407 North Central Avenue Phoenix, Arizona 85024 brigitte@bourgets.com 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 Scott W. Leeds, Esquire The Cochran Firm-South Florida 2541 Southwest 27th Avenue, Suite 100 Miami, Florida 33133 ctorna@cochranfirm.com Stuart M. Lerner Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 NOTICE OF APPEAL RIGHTS filing date of this order as set out above, pursuant to Rules of Appellate Procedure. STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CHOPPER ZOO, INC., d/b/a BOURGET'S BIKE WORKS OF FLORIDA, Petitioner, vs. Case No. 11-3948 BOURGET'S BIKE WORKS, INC., Respondent. ORDER CLOSING FILE AND RELINQUISHING JURISDICTION This cause having come before the undersigned on Petitioner's Notice of Compliance with Order Continuing Case in Abeyance, filed February 14, 2013, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings is closed with leave to request the Division of Administrative Hearings to re-open the file if the parties' settlement is not finalized. Jurisdiction is relinquished to the referring agency. DONE AND ORDERED this 26th day of February, 2013, in Tallahassee, Leon County, Florida. m.-A STUART M. LERNER 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 26th day of February, 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 Brigitte Bourget Bourget's Bike Works, Inc. 21407 North Central Avenue Phoenix, Arizona 85024 Scott W. Leeds, Esquire The Cochran Firm-South Florida 2541 Southwest 27th Avenue, Suite 100 Miami, Florida 33133 ctorna@cochranfirm.com
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 Voluntary 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 ORDERED that this case is CLOSED and Respondent shall abide by the terms of the Settlement Agreement entered into in this matter. Filed September 11, 2014 2:09 PM Division of Administrative Hearings DONE AND ORDERED this \\ day of September, 2014, in Tallahassee, Leon Cobur Julie 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 County, Florida. Filed with the Clerk of the Division of Motorist Services this } { day of September, 2014. NOTICE OF APPEALRIGHTS 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: Richard A. Filson, Esquire Filson and Penge, P.A. 2727 South Tamiami Trail Sarasota, Florida 34239 filsonlawfirm@gmail.com Damaris E. Reynolds, Esquire Department of Highway Safety And Motor Vehicles 2900 Apalachee Parkway, Room A430, MS61 Tallahassee, Florida 32399 damarisreynolds@flhsmv.gov William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 6 fees. eat
Conclusions This matter came before the Department for entry of a Final Order upon submission of a Joint Motion to Relinquish Jurisdiction and an Order Closing File and Relinquishing Jurisdiction by June C. McKinney an Administrative Law Judge of the Division of Administrative Hearings, copies of which are attached and incorporated by reference. On January 16, 2014, the parties entered into a settlement agreement which is attached hereto and incorporated by reference. Accordingly, it is hereby ORDERED that the attached Settlement Agreement is hereby adopted and this case is DISMISSED. DONE AND ORDERED this 3\ day of January, 2014, in Tallahassee, Leon County, Florida. Qype Crbur Julie 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 Filed February 7, 2014 3:56 PM Division of Administrative Hearings Filed with the Clerk of the Division of Motorist Services this a, | day of January,.2014. 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: Albert J. Stopka, Esquire Albert J. Stopka, III, P.A. 108 Mosley Drive Lynn Haven, Florida 32444 stopkalawefile@bellsouth.net;stopkalawefile@hpeprint.com Damaris E. Reynolds, Esquire Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway, Room A-430, MS 61 Tallahassee, Florida 32399 damarisreynolds@flhsmv.gov June C. McKinney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator
