13-002420 Department Of Highway Safety And Motor Vehicles, Division Of Motorist Services vs. J And B Auto Sales And Brokerage, Llc, D/B/A Raceway Motors Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, August 23, 2013.

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DIVISION OF MOTORIST SERVICES

nOAH CASE NO.: 13-2420

MS CASE NO.: MS-13-572

FINAL ORDER #: HSMV-13- 1:A l:L -S-MS

DEPARTMENT OF HIGHWAY SAFETY

AND MOTOR VEHICLES, DIVISION

OF MOTOR VEHICLES,

Petitioner,

v.

J AND B AUTO SALES AND

BROKERAGE, LLC D/B/A RACEWAY

MOTORS,

Respondent.

------------------.,;/

FINAL ORDER

This matter came before the Department for entry of a Final Order upon submission of an

Order Closing File and Relinquishing Jurisdiction by Todd P. Resavage, an Administrative Law

Judge of the Division of Administrative Hearings, pursuant to the Parties' Motion to Relinquish

Jurisdiction based on a Settlement Stipulation entered into between the parties, a copy of which

is attached and incorporated by reference in this order. The Department hereby adopts the Order

Closing File as its Final Order in this matter.

Accordingly it is FOUND and ORDERED as follows:

1. That Respondent shall pay an administrative fine in the amount of two hundred

fifty dollars ($250.00) per count for a total of one thousand five hundred dollars ($1,500.00) to

be paid on or before September 30, 2013. All payments are to be made by returning a copy of

the order with payment to:

Department of Highway Safety and Motor Vehicles

Office of General Counsel

2900 Apalachee Parkway, Room A432, MS-61

Tallahassee, Florida 32399

2. If Respondent pays the amount specified in paragraph one above within the

specified time the Department will impose no I1.trther penalties or sanctions against Respondent.

However, if Respondent fails to pay the amount specified in paragraph one, on the day following

the due date specified in paragraph one, Respondent's motor vehicle dealer license will be

automatically suspended and Respondent will cease to do business as a motor vehicle dealer.

3. If after suspension Respondent pays the amount specified in paragraph one above

within 30 days following the date of suspension, its motor vehicle dealer license will

immediately be reinstated without further penalties or sanctions.

4. If Respondent fails to pay the amount due by the 30'h day following the date of

suspension, on the 31 st day following the date of suspension Respondent's motor vehicle dealer

license shall be revoked by the Department without further notice. If the Department suspends

or revokes Respondent's motor vehicle dealer license for non-payment as specified in paragraphs

two and three above, said suspension or revocation shall be without recourse to the Respondent

and Respondent hereby expressly waives any right to appeal or otherwise contest the suspension

and revocation.

DONE AND ORDERED this day of August, 2013, at Tallahassee,

Leon County, Florida.

Julie Baker, Chief f)

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 August, 2013.

/Vl I .. 1.'. "

NaJlnl . UP, Vlna,ak, '6« Dealer ·f(,C

onCE 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 districtwhere 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 Rule 9.110, Rules of Appellate Procedure.

JB:jdc

Copies furnished:

Cathy Coleman

Regional Administrator

Dealer License Section

Teresa Williams, Esquire

Williams and Trese

12 Southeast 7 th Street, Suite 703

Ft. Lauderdale, Florida 33301