STATE OF FLORIDA, DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA. FT. LAUDERDALE ROTARY FOUNDATION #1090 Petitioner, CASE NO DOR FOF

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1 STATE OF FLORIDA, DEPARTMENT OF REVENUE TALLAHASSEE, FLORIDA FT. LAUDERDALE ROTARY FOUNDATION #1090 Petitioner, vs. CASE NO DOR FOF DEPARTMENT OF REVENUE, Respondent FINAL ORDER THIS CAUSE came before the for the purpose of issuing a Final Order. The Administrative Law Judge assigned by the has issued a Recommended Order. A copy of that Order is attached to this Final Order, and is incorporated as if fully set forth herein. Petitioner, Ft. Lauderdale Rotary Foundation #1090, has failed to pursue its request for hearing pursuant to Section (1), Florida Statutes. Therefore, the Department adopts the Recommended Order. The has jurisdiction of this cause. Based on the foregoing, it is, ORDERED that the application of the Petitioner as a charitable institution or an educational institution is denied and that the Petitioner be denied a consumer's certificate of exemption. DONE AND ENTERED in Tallahassee, Leon County, Florida this 25th day of June, STATE OF FLORIDA

2 DEPARTMENT OF REVENUE L.H. FUCHS EXECUTIVE DIRECTOR CERTIFICATE OF FILING I HEREBY CERTIFY that the foregoing Final Order has been filed in the official records of the, this 25th day of June, JUDY LANGSTON AGENCY CLERK JUDICIAL REVIEW Any party to this Order has the right to seek judicial review of the order pursuant to section , F.S., by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Department in the office of the General Counsel,, Tallahassee, Florida , and by filing a copy of the Notice of Appeal, accompanied by the applicable filing fees, with the appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days from the date this order is filed with the Clerk of the Department. Attachment: Administrative Law Judge's Recommended order Copies furnished to: Patricia Hart Malono Administrative Law Judge The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL James E. Houston, E.A. & Trustee 1501 Southeast 4th Avenue Fort Lauderdale, FL 33316

3 Kevin J. O'Donnell, Esquire Assistant General Counsel Tallahassee, FL Linda Lettera, Esquire General Counsel Tallahassee, FL STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FT. LAUDERDALE ROTARY FOUNDATION #1090, Petitioner, vs. Case No DEPARTMENT of REVENUE, Respondent. RECOMMENDED ORDER On December 15, 1997, the ("Department") issued a Notice of Intent to Deny the application of the Fort Lauderdale Rotary Foundation #1090 ("Foundation") for a Consumer Certificate of Exemption pursuant to Section (7), Florida Statutes. The Foundation filed a request for an administrative hearing to challenge the denial. By Notice of Hearing by Video dated January 25, 1998, this case was scheduled for final hearing on March 26, 1998, at 1:00 p.m. by video teleconference from locations in Fort Lauderdale and Tallahassee. The notice was sent to the Foundation's address of record and was not returned to the Division of Administrative Hearings.

4 At 1:00 p.m. on March 26, 1998, counsel for the Department, Kevin O'Donnell, together with the Department's representative, appeared at the Tallahassee video teleconference site for the hearing. The Foundation did not appear at the Fort Lauderdale video teleconference site. At 1:45 p.m., the hearing was called to order, the fact of the Foundation's non-appearance was entered on the record, and the hearing was closed. The has jurisdiction over the subject matter of this proceeding and of the parties thereto pursuant to Section (1), Florida Statutes (1997). Because the Foundation challenged the Department's denial of its application for a Consumer Certificate of Exemption, it had the burden of, proving entitlement to the requested certificate. Department of Banking and Finance, Division of Securities and Investor Protection v. Osborne Stern and Co., 670 So.2d 932 (Fla. 1996). It failed to make the required showing due to its failure to appear for the hearing. RECOMMENDATION Based on the foregoing, it is RECOMMENDED that the enter a final order denying the application of the Fort Lauderdale Rotary Foundation #1090 for a Consumer Certificate of Exemption. DONE AND ENTERED this 27th day of March, 1998, in Tallahassee, Leon County, Florida. PATRICIA HART MALONO Administrative Law Judge The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida (850) SUNCOM Fax Filing (850) Filed with the Clerk of the this 27th day of March, 1998.

5 COPIES FURNISHED: James E. Houston, E.A. & Trustee 1501 Southeast 4th Avenue Fort Lauderdale, Florida Kevin J. O'Donnell, Esquire Tallahassee, Florida Linda Lettera, General Counsel 204 Carlton Building Tallahassee, Florida Larry Fuchs, Executive Director 104 Carlton Building Tallahassee, Florida NOTICE OF RIGHT TO SUBMIT EXCEPTIONS All parties have the right to submit written exceptions within 15 days from the date of this recommended order. Any exceptions to this recommended order should be filed with the agency that will issue the final order in this case.