STATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES, Case No.: 1904-13220
Agency Clerk No.: B17410
Petitioner,
v.
BREVARD COUNTY SHERIFF'S OFFICE CHARITY, INC.,
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, the Department of Agriculture and Consumer Services, Division of Consumer
Services, pursuant to Chapter 496, Florida Statutes, states that it is the regulatory authority as
defined therein, has statutory jurisdiction over the Respondent and this matter, and alleges:
Respondent held the following registration issued pursuant to Chapter 496, Florida
Statutes: CHISI11
As set forth below, Petitioner has received information that justifies action provided for
in Section 496.419, Florida Statutes.
Section 496.415 Prohibited acts—It is unlawful for any person in connection with the
planning, conduct, or execution of any solicitation or charitable sponsor or sales
promotion to: (1) Operate in violation of, or fail to comply with, the requirements of
38.496.401-496.424, F.S. The facts that support the allegation are as follows: The
organization was found to be soliciting funds from the State of Florida or from persons
within the State of Florida from their website on April 9, 2019, without having filed
pursuant to either s. 496.405(1), F.S., or s, 496.406(2), F.S., after its registration expired
on February 19, 2019.
Wherefore, Petitioner intends to take action pursuant to Chapter 496, Florida Statutes,
including, but not limited to, imposing an administrative fine and directing you to cease and
desist specified activities
Dated this 2 tay of April, 2019
thief of Mediation and EnforcementNOTICE OF RIGHTS
In accordance with Sections 120,569 and 120.57, Florida Statutes, you have the right to
request a formal or informal hearing and to be represented by counsel or other qualified
representative,
To request a hearing, you must complete the enclosed Election of Rights form and file it
with the Division of Consumer Services within 21 days of receipt of this complaint. NOTE: If
you request a formal hearing, you must also provide a statement of the material facts alleged in
this complaint that you dispute,
Failure to timely file the Election of Rights form with the Division of Consumer Services
within 21 days of receipt of this complaint shall be considered a waiver of your right to a heating
and may result in the issuance of a Final Order without any further notice that may impose up to
the maximum penalties as authorized by law,
Settlement Offer
Altematively, you may waive your right to a hearing and settle this matter by signing and
returning the attached Stipulation and Settlement.
CERTIFICATE OF SERVICE
hers certify that a copy of this Administrative Complaint has been furnished by UPS,
lay of April, 2019 to: Brevard County Sheriff's Office Charity, Inc., Attn: Charles
Registered Agent, 440 South Babcock Street, Melbourne, FL 32901.
Jan Nas
Rose Rucker
Regulatory Consultant
Department of Agriculture and Consumer Services
Division of Consumer Services
2005 Apalachee Parkway
Tallahassee, FL 32399-6500
850-410-3783
Rose.Rucker@freshfromflorida.com
UPS Receipt —_rzae4a7eez06074027
Traneaction Date: 12 Apr 2019 — Keop Record
ADDRESS INFORMATION
70,
niciSTATE OF FLORIDA
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES, Case No.: 1904-13220
Agency Clerk No.: B17410
Petitioner,
v.
BREVARD COUNTY SHERIFF'S OFFICE CHARITY, INC.,
Respondent.
/
STIPULATION AND SETTLEMENT
The Department of Agriculture and Consumer Services, Division of Consumer Services,
and Respondent, Brevard County Sheriff's Office Charity, Inc., do hereby stipulate and agree to
settle this proceeding as follows:
1, The Department has regulatory authority over the parties and this proceeding.
2. Respondent agrees to pay an administrative fine of $500.00.
3. Respondent agrees to submit a compliant application and comply with applicable
laws and rules.
4, Each party shall be responsible for its own costs and attorneys’ fees.
5. Respondent will abide by the conditions imposed by this stipulation and
settlement.
6. Section 120.68, Florida Statutes, allows for judicial review of final agency action.
Respondent hereby waives all rights to appeal and further review of this Stipulation and
Settlement and these proceedings.
7. Upon the filing with the Agency Clerk, this Stipulation and Settlement shall
become the final agency action in this proceeding,
8. Payment may be submitted to P.O, Box 6700, Tallahassee, FL 32314-6700, in the
form of certified check (preferred), check or money order made out to the Department of
Agriculture and Consumer Services. You may also. pay online at
htip://www.freshfromflorida.com/Pay-Onlinel,
[Name or Authorized Representative]
Respondent Org Code: 42100725000-42
Object Code: 012052 ($500.00)
‘Agency Clerk Number: B17410
Printed Name Org Code: 42100625000-A2
Object Code: 001133,
DTN: 3142888
Executed on this___day of _ 52019