17-003899
Department Of Highway Safety And Motor Vehicles vs.
Tri-County Driving School
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 6, 2017.
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 6, 2017.
1STATE OF FLORIDA
4DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
11DEPARTMENT OF HIGHWAY SAFETY
15AND MOTOR VEHICLES,
18Petitioner,
19vs. HSMV Case No.: MS-17-2282
24DOAH Case No.: 17-3899
28TRI-COUNTY DRIVING SCHOOL,
31FINAL ORDER NO.
34Respondent.
35HSMV-17-0669- frS -MS
38DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
45FINAL ORDER
47This matter having come before the Division of Administrative Hearings upon a
59settlement agreement between the parties and Joint Motion to Relinquish Jurisdiction,
70filed November 2, 2017, the matter is now before the Department of Highway Safety and
85Motor Vehicles for entry of a final order upon submission of the Order Closing File and
101Relinquishing Jurisdiction issued November 6, 2017, by the Honorable Cathy M. Sellers,
113Administrative Law Judge of the Division of Administrative Hearings, a copy of which is
127attached and incorporated by reference in this order.
135The Department hereby adopts and incorporates the Settlement Agreement into
145this final order, suspends Tri-County Driving Schools license# 4060 for ten (10) days
158commencing on November 17, 2017 and continuing through November 26, 2017, and
170makes the following findings of fact:
1761. Tri-County Driving School solicited business on property used by the
187Department to issue driver licenses on March 29, 2017.
1962. Tri-County Driving School solicited business on property used by the
207Department to issue driver licenses on March 30, 2017.
2163. Tri-County Driving School solicited business on property used by the
227Department to issue driver licenses on April 6, 2017.
2364. Tri-County Driving School solicited business on property used by the
247Department to issue driver licenses on April 27, 2017.
2565. Tri-County Driving School solicited business on property used by the
267Department to issue driver licenses on May 10, 2017.
2766. Tri-County Driving School solicited business on property used by the
287Department to issue driver licenses on May 11, 2017.
2967. Tri-County Driving School solicited business on property used by the
307Department to issue driver licenses on May 15, 2017.
316Page 1 of3
319MS-17-2282
320Accordingly, it is ORDERED that Tri-County Driving Schools license# 4060 is
331supended for ten (1 0) days and further this case is CLOSED.
343DONE AND ORDERED this JL day ofNovember, 2017.
351Director of Motorist Services
355Department of Highway Safety and Motor Vehicles
3622900 Apalachee Parkway
365Tallahassee, Florida 32399
368COPIES FURNISHED this ofNovember, 2017, to:
374Joseph R. Gillespie, Agency Clerk
379Department of Highway Safety and Motor Vehicles
386Room A432 , Mail Stop 2
3912900 Apalachee Parkway
394Tallahassee, Florida 32399
397ogcfiling@flhsmv .gov
399joegillespie@flhsmv.gov
400Rafael Jose Oropesa, Esquire
404Rafael J. Oroepsa, Attorney at Law
4104160 West 16th A venue, Suite 404
417Hialeah, Florida 33012
420rjo.law@gmail.com
421Nathaniel D. Sebastian, Esquire
425Department of Highway Safety and Motor Vehicles
4322900 Apalachee Parkway, Room A432
437Tallahassee, Florida 32399
440natesebastian @ flhsmv. gov
444hattiejones-williams @ flhsmv . g ov
450Page 2 of3
453MS - 17-2282
456NOTICE OF APPEAL RIGHTS
460A party adversely affected by this final order may seek judicial review as provided
474in section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190.
486Judicial review is initiated by filing a notice of appeal with the Agency Clerk, and a copy
503of the notice of appeal, accompanied by the filing fee, with the appropriate district court
518of appeal. The notice of appeal must conform to the requirements of Florida Rule of
533Appellate Procedure 9.11 0( d) and must be filed (i.e., received by the Agency Clerk)
548within thirty days of rendition of this final order.
557Filing with the Department's Agency Clerk may be accomplished by U.S. mail,
569express overnight delivery, hand delivery, facsimile transmission, or electronic mail. The
580address for overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency
592Clerk, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway,
603A-432, MS-2, Tallahassee, Florida 32399. The facsimile number is (850) 617-5112. The
615email address is OGFilin g@ Jlhsmv. g ov.
623Page 3 of3
626MS-17-2282
- Date
- Proceedings
- PDF:
- Date: 10/03/2017
- Proceedings: Order Rescheduling Hearing by Video Teleconference (hearing set for November 14, 2017; 9:30 a.m.; Miami and Tallahassee, FL).
- PDF:
- Date: 09/15/2017
- Proceedings: (Proposed) Order on Joint Motion for Extension of Deadline filed.
- PDF:
- Date: 08/16/2017
- Proceedings: Order Granting Continuance (parties to advise status by September 15, 2017).
Case Information
- Judge:
- CATHY M. SELLERS
- Date Filed:
- 07/12/2017
- Date Assignment:
- 07/13/2017
- Last Docket Entry:
- 11/17/2017
- Location:
- Miami, Florida
- District:
- Southern
- Agency:
- Other
Counsels
-
Joseph R. Gillespie, Agency Clerk
Address of Record -
Rafael Jose Oropesa, Esquire
Address of Record -
Nathaniel D. Sebastian, Esquire
Address of Record