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.


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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

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PDF
Date
Proceedings
PDF:
Date: 11/17/2017
Proceedings: Agency Final Order
PDF:
Date: 11/17/2017
Proceedings: Settlement Agreement filed.
PDF:
Date: 11/17/2017
Proceedings: Agency Final Order filed.
PDF:
Date: 11/06/2017
Proceedings: Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
PDF:
Date: 11/02/2017
Proceedings: Joint Motion to Relinquish Jurisdiction filed.
PDF:
Date: 10/03/2017
Proceedings: Amended Order Rescheduling Hearing by Video Teleconference.
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: 10/02/2017
Proceedings: Notice of Status Update filed.
PDF:
Date: 09/18/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 09/15/2017
Proceedings: (Proposed) Order on Joint Motion for Extension of Deadline filed.
PDF:
Date: 09/15/2017
Proceedings: Joint Motion for Extension of Deadline filed.
PDF:
Date: 08/16/2017
Proceedings: Order Granting Continuance (parties to advise status by September 15, 2017).
PDF:
Date: 08/15/2017
Proceedings: Motion to Continue filed.
PDF:
Date: 07/20/2017
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 07/20/2017
Proceedings: Notice of Hearing by Video Teleconference (hearing set for August 22, 2017; 12:30 p.m.; Miami and Tallahassee, FL).
PDF:
Date: 07/20/2017
Proceedings: Response to Initial Order filed.
PDF:
Date: 07/13/2017
Proceedings: Initial Order.
PDF:
Date: 07/12/2017
Proceedings: Agency action letter filed.
PDF:
Date: 07/12/2017
Proceedings: Petition for Administrative Proceeding filed.
PDF:
Date: 07/12/2017
Proceedings: Agency referral filed.

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

Related Florida Statute(s) (1):