GISELA E. AGUILAR, APPELLANT,
v.
FLORIDA DEPT. OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF LICENSING, APPELLEES

Fla. 3d DCA | 2004-05-12
No. 3D03-2152
Per Curiam
871 So. 2d 1066 Florida District Court of Appeal, Third District (2004)

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Synopsis

The court affirmed an administrative fine of $50 imposed on Aguilar by the Department of Agriculture and Consumer Services, noting that automatic license suspension under Florida Statutes § 493.6118(6) is stayed during pending appeals.


Holding

An administrative fine imposed by the Department of Agriculture and Consumer Services is affirmed, and automatic license suspension under § 493.6118(6) does not occur while an appeal is pending.


Headnotes

[1] An individual's license may not be automatically suspended under Florida Statutes § 493.6118(6) when the licensee has an appeal from a final order pending in any appellat…

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Facts & Procedural History

Gisela E. Aguilar was ordered to pay a $50 administrative fine within 30 days to the Department of Agriculture and Consumer Services, Division of Lice…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The respondent below, Gisela E. Aguilar, timely appeals from an amended final order that ordered her to pay a $50 administrative fine within 30 days by cashier’s check or money order to the Department of Agriculture and Consumer Services, Division of Licensing. The amended final order also provided that Aguilar’s “[failure to make timely payment shall result in the automatic suspension of any licenses issued to Respondent or the denial of any licenses applied for pursuant to Section 493.6118(6), Florida Statutes.”

We have reviewed both the brief submitted by Aguilar and the record on appeal, but find no basis for reversing the amended final order. However, we would like to note that section 493.6118(6) provides in part that “[a]n individual’s ... license becomes automatically suspended if a fíne imposed against the individual ... is not paid within 30 days after the date of the final order, and remains suspended until the fine is paid.” § 493.6118(6), Fla. Stat. (2003) (emphasis added). Further, section 493.6118(6) also provides that “[n]otwith-standing the provisions of this subsection, an individual’s ... license may not be suspended ... when the licensee ... has an appeal from a final order pending in any appellate court.”

Affirmed.


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