22-000035 Department Of Highway Safety And Motor Vehicles vs. Capital City Imports Llc Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 23, 2022.

DONE AND ORDERED this _____ day of __________, 2022, at Tallahassee, 25th February

Leon County, Florida.

Robert Kynoch, Director of Motorist Services

Department of Highway Safety and Motor Vehicles

2900 Apalachee Parkway

Tallahassee, Florida 32399

COPIES FURNISHED this _____ day of __________, 2022, to: 25thFebruary

Omar A. Erchid, Esq.

Counsel for Capital City Imports L.L.C.

203 North Armenia Avenue, Suite 101

Tampa, Florida 33609-2383

[e-mail]

Angela M. Kelly, Region 7 Administrator

Palmer K. Brand, Program Manager

Kathy A. Jimenez-Morales, DH SMV Office of General Counsel

INSTRUCTIONS FOR PAYMENT

Respondent may pay in person by business check, cashier ’ s check, or money order at

any of the Department ’ s Regional Offices.

ALL checks or money orders should be made payable to : Department of Highway

Safety and Motor Vehicles . Respondent must make clear the ca se for which he or she is making

payment, so that the payment is applied to the correct case.

Respondent may pay over the phone by calling [phone] or [phone].

Page 2 of 3

DHSMV v. CAPITAL CITY IMPORTS L.L.C.

HSMV Case No. MS-21-422

DOAH Case No. 22-0035

License No. VI-1073637

NOTICE OF RIGHT TO APPEAL

A party adversely affected by this final orde r may seek judicial review as provided in

§ 120.68, Fla. Stat., and Fla. R. App. P. 9.190. Jud icial review is initiated by filing a notice of

appeal with the Agency Clerk, and a copy of th e notice of appeal, accompanied by the filing fee,

with the appropriate district court of appeal. The notice of appeal must conform to the requirements

of Fla. R. App. P. 9.110(d) and must be filed within thirty (30) days of rendition of this final order.

Filing with the Agency Clerk may be acco mplished by U.S. mail, express overnight

delivery, hand delivery, facsim ile transmission, or electronic mail. The address for overnight

delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of Highway

Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee, Florida 32399.

The facsimile number is [phone]. The email address is [e-mail] .

Page 3 of 3

DHSMV v. CAPITAL CITY IMPORTS L.L.C.

HSMV Case No. MS-21-422

DOAH Case No. 22-0035

License No. VI-1073637

STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DEPARTMENT OF HIGHWAY SAFETY

AND MOTOR VEHICLES ,

Petitioner, Case No.: MS-21-422

VS .

CAPITAL CITY JMOPORTS LLC,

Respondent.

-~- - --- --- -- --- I

SETTLEMENT AGREEMENT

Respondent, by and through, AHMED SALEM, as Manager, hereby enters into this

settlement agreement pursuant to section 120.57(4), Florida Statutes, to resolve all administrative

charges referenced in the Administrative Complaint for Case Number MS-21-422, in accordance

with the following tem1s.

I . Respondent enters into this agreement freely and without undue influence, and with

the knowledge that doing so constitutes a waiver of the right to an administrative hearing pursuant

to sections 120.569 and 120.57, Florida Statutes.

2. Respondent understands and agrees that Respondent shall pay a civil fine in the

amount of Two Hundred Fifty dollars ($250.00) for each count contained in the Administrative

Complaint, for a total of Five Thousand Five Hundred dollars ($5,500.00).

3. The civil fine in the full amount of Five Thousand Five Hundred dollars ($5,500.00)

will be due and payable to the Department within fifteen (15) calendar days from the date of the

filing of a final order with the agency clerk with the Department adopting and incorporating this

settlement agreement.

Page I of2

DHSMV v. Capital City lmports LLC

Case No.: MS-21-422

License No.: VI-1073637

4. Respondent understands and agrees that if Respondent fails to pay the civil fine

within the allotted timeframe set forth in paragraphs 2 and 3, the Department may suspend the

Respondent' s license until payment has been made.

5. Provided Respondent shall have fully performed all its obligations under this

Settlement Agreement, then Petitioner shall be deemed to have released Respondent, its members,

managers, employees and agents from any and all liabilities, claims and obligations of any matter

in connection with all administrative charges and counts referenced in the Administrative

Complaint for Case Number MS-21-422 and State of Florida Division of Administrative Hearings

Case Number 22-0035.

6. The Parties hereby acknowledge, recognize and understand that nothing contained

in this Settlement Agreement shall constitute, be construed or be treated as an admission ofliability

or wrongdoing.

7. Respondent further understands and agrees that the Final Order adopting this

agreement wi11 become part of the Department's permanent record.

8. Respondent agrees to bear its own attorney's fees and costs arising from this

matter.

SIGNED this 'Z 2 day of . bf~ 'f , 2022.

CAPITAL CITY IMPORTS LLC

Ahmed Saleem, Manager

Respondent

Page I of2

DHSMV v . Capital City Imports LL('

Case No.: MS-21-422

License No . : Vl-1073637

SIGNED this __ 24th _ day of ________ February , 2022.

r-: DocuSigned by :

~53~:::;tlm

BRETT SAUNDERS

Chief

Bureau of Dealer Services

Dept. of Highway Safety & Motor Vehicles

SIGNED this rz., ::5 rd day of re. b( ua (_:j , 2022.

PAMELA GREENE

Assistant General Counsel

Dept. of Highway Safety & Motor Vehicles

Page I of2

DHSMV v. Capital City Impons LLC

Case No.: MS-21-422

License No.: Vl-1073637