20-005103 Tt And R Enterprises, Inc. vs. Department Of Highway Safety And Motor Vehicles Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, June 15, 2021.

MITIGATION AND AGGRAVATION TESTIMONY

The Mitigation and Aggravation Testimony contained in the Recommended Order is

hereby adopted as the Mitigation and Aggravation Testimony received by the Department.

CONCLUSIONS OF LAW

The Conclusions of Law contained in the Recommended Order are hereby adopted as the

Conclusions of Law of the Department.

ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law adopted from the

Recommended Order of the Administrative Hearing, it is hereby ORDERED that the:

1. Petitioner's Application for Independent Motor Vehicle Dealer and Application

for Salvage Dealer shall be denied.

This Final Order shall take effect upon filing with the Department's Agency Clerk.

DONE AND ORDERED this day of September, 2021, at Tallahassee, Leon

County, Florida.

Director of Motorist Services

Department of Highway Safety and

Motor Vehicles

2900 Apalachee Parkway

Neil Kirkman Building

Tallahassee, Florida 32399

On Seek""'Ju"L , 2021, copies were furnished to Wade M. Rolle, Esquire, The Law Office

ofWade M. Rolle & Associates, P.A., 1054 Kings Avenue, Jacksonville, FL 32207,

waderollelaw.com.

Page 2 of3

TT & R ENTERPRISES, INC v . DHSMV

Case No .: 20-005103

NOTICE OF RIGHT TO APPEAL

A party adversely affected by this final order may seek judicial review as provided in

section 120.68, Florida Statutes, and Florida Rule of Appellate Procedure 9.190. Judicial review

is initiated by filing a notice of appeal with the Agency Clerk, and a copy of the notice of appeal,

accompanied by the filing fee, with the appropriate district court of appeal. The notice of appeal

must conform to the requirements of Florida Rule of Appellate Procedure 9.110(d), and must be

filed (i.e., received by the Agency Clerk) within thirty (30) days of rendition of this final order.

Filing with the Department's Agency Clerk may be accomplished via U.S. Mail, express

overnight delivery, hand delivery, facsimile transmission, or electronic mail. The address for

overnight delivery or hand delivery is Joseph Gillespie, DHSMV Agency Clerk, Department of

Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, MS-2, Tallahassee,

Florida 32399. The facsimile number is [phone]. The email address is

OGCFilin g@ flhsmv. g ov .

Page 3 of3

IT & R ENTERPRISES , INC v . DHSMV

Case No.: 20-005103

STATE OF FLORIDA

DEPARTMENT OF BIGHW AY SAFETY AND MOTOR VEHICLa

TT&R ENTERPRISES, INC,

Petitioner, Cue No.: 20-005103

v.

DEPARTMENT OF HIGHWAY SAFETY

AND MOTOR VEHICLES,

Respondent

RECOMMENDED ORDER

Assistant General Counsel Hearing Officer, Kathryn Bischoff, conducted the

admjnjstrative hearing of this case on July 28, 2021, on behalf of the Department of Highway

Safety and Motor Vehicles, Division of Motorist Services, pursuant to Sections 120.569 and

120.S7(2) Florida Statutes and Chapter 28-106 Florida Administrative Code.

APPEARANCES/PARTICIPANTS

Sena Lizenbce, Esquire

Senior Assistant General Counsel

Department of Highway Safety and Motor Vehicles

2900 Apalachee Parlcway

Tallahassee, Florida 32399

Jaime Williams, Adrninjstrator

Dealer License Section, Bureau of Dealer Services, Division of Motorist Services

Department of Highway Safety and Motor Vehicles

2900 Apalachee Parkway

Tallahassee, Florida 32399

STATEMENT OF THE ISSUES

The issues presented are whether there are mitigating circumstances involved in the

Intent to Deny Letter issued to the Petitioner August 21, 2020.

PRELmnNARYSTATEMENT

On August 21, 2020, the Department of Highway Safety and Motor Vehicles,

Respondent, issued an Intent to Deny letter which was served on Todd Robinson, President

TI &R. Enterprises, Inc.. The Petitionet" requested an informal hearing to mitigate the denial.

On June 30, 2021, the Petitioner was sent a Notice of Hearing scheduled for July 28,

2021, at 11:00 a.m.

A hearing was conducted telephonically on July 28, 2021, with the above referenced

participants, located at the Bureau of Administrative Review in Clearwater, Florida and

Department Headquarters in Tallahassee, Florida. The Petitioner failed to appear at the scheduled

hearing.

Documents were entered into the record without objection.

EVIDENCE RECEIVED

DMS #1 -Intent to Deny Letter

DMS #2- Petition For Hearing signed by Todd T. Robinson

DMS #3 -Application for Independent Motor Vehicle Dealer License signed by Todd T.

Robinson

DMS#4- Application for Salvage Vehicle Dealer License signed by Todd T. Robinson

DMS#S - Order Closing File and Relinquishing Jurisdiction

DMS#6 -Notice of Hearing

DMS#7- Amended Notice of Hearing

FINDINGS OF FACf

1. Respondent (hereinafter "Department'') is the state agency charged with regulating the

business of buying, selling, or deali.Dg in motor vehicles or offering or displaying motor

vehicles for sale, pursuant to Section 20.24 and Chapter 320, Florida Statutes and Rule

28-106.2015, Florida Administrative Code.

2. Petitioner, by Todd Robinson, President, applied for an Independent Motor Vehicle

Dealer license and a Salvage V chicle Dealer license.

3. Todd RDbinson was convicted of five (S) felonies: 1) Possession of cocaine, date ofmrest

11/20/1987 Case Number: 161987CF010256AXXXMA; 2) Possession ofwoapon,

carrying concealed firearm, date of arrest 10/03/1988 Case Number:

161988CF012790AXXXMA; 3) Own, operate, conduct or aid and abet chop shop, date

of arrest 2/1512007 Case Number. 162007CF003248AXXXMA; 4) Sell, transport,

deliver, purchase or receive a motor vehicle without obtaining proper title and

dismantJ;ng or destruction of a motor vehicle without proper title, date of arrest

12/07/2009 Case Number: 162009CF015761; and S) distribute ofS gram of cocaine base,

date of arrest 4123/1990 Case Number: 11163.018.

4. The Department denied Petitioner's Application for Independent Motor Vehicle Dealer

license and Application for Salvage Vehicle Dealer license based on Todd Robinson's

five (S) felony convictions.

MITIGATION AND AGGRAVATION TESTIMONY

1. Iaim.e Williams, Administrator Dealer License Section, testified she reviewed the

Petitioner's background check, required upon application. Petitioner's background check

showed Todd Robinson was convicted offive (S) felonies, two ofwhicll involved motor

vehicles. Specifically, the convictions involving motor vehicles were for 1) running a

chop shop and 2) selling, transport, deliver, purchase or receive a motor vehicle without

obta;ning proper title and dismantling or destruction of a motor vehicle without proper

title. The two felony convictions involving motor vehicles are aggravating factors in that

an Independent Vehicle Dealer license would allow Petitioner to repair and sell as used

any motor vehicle; a Salvage V ebic1e Dealer license would allow the Petitioner to obtain

wrecked or unfit vehicles, msmantle the vehicles and sell the parts.

2. Petitioner presented no mitigation testimony as he failed to appear at the hearing he

requested.

CONCLUSIONS OF LAW

1. Respondent is the agency respO!lSlble for licensing motor vehicle dealers pursuant to Section

320.27, Florida Statutes.

2. The Department of Highway Safety and Motor Vehicles has jurisdiction over the parties and

the subject matter of this proceeding pumumt to Sections 120.569 and 120.57(2), Florida

Statutes.

3. Section 320.27(9)(a)2, Florida Statutes, provides the Department may deny, suspend or

revoke any license issued hereunder or under the provisions of Sections 320.77 or 320.771,

Florida Statutes, upon proof the applicant has been convicted of a felony.

4. Petitioner to the allegations as alleged in Intent to Deny Letter dated August 21, 2020.

S. In considering the evidence, as set forth in the Findings of Fact above, it is concluded that

Respondent's applications were rightfully denied under Section 320.27(9)(a)2, Florida

Statutes due to his five (5) felony convictions, two (2) involving motor vehicles, as stated in

the Intent to Deny Letter dated August 21, 2020.

6. The Department's documentary evidence clearly shows the Petitioner was convicted of five

felonies. As an aggravating factor, two of the felonies for which Petitioner was convicted

involve motor vehicles. No mitigating fitctors were presented to overcome denial of

Petitioner's applications.

RECOMMENDATION

Based on the foregoing Findings ofFact and Conclusions of Law, it is

RECOMMENDED that the Department enter a final order:

1. Adopting the Findings of Fact and Conclusions of Law;

2. Deny Petitioner's Application for Independent Motor Vehicle Dealer and Application

for Salvage Vehicle Dealer

Counsel Hearing Officer

Department of Highway Safety and Motor Vehicles

4584J4()'h Avenue North, Suite 1002

Clearwater, Florida 33762

CERTIFICATE OF SERVICE

I hereby certify that copies of the recommended order were furnished via email this

6th day of August, 2021, to Wade Rolle, Esquire [e-mail]; Sena Lizenbcc,

Esquire at [e-mail].