STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

BOCA BAY DUI PROGRAM, INC.,

Petitioner,

vs.

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,

Respondent.

/

HSMV Case No.: MS-20-343 DOAH Case No.: 20-2996

FINAL ORDER NO.: 2021

HSMV-21-0008-AS-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

FINAL ORDER

This matter comes before the Department of Highway Safety and Motor Vehicles from a Settlement Agreement entered into between the parties, dated January 6, 2021. On June 16, 2020, Petitioner filed a petition for formal administrative hearing, disputing the Department’s May 27, 2020, notice of denial of Petitioner’s application for renewal of its license to operate as a DUI program in the state. On July 1, 2020, the Department referred the matter to the Division of Administrative Hearing to conduct a formal hearing pursuant to §§ 120.569 and 120.57(1), Fla. Admin. Code. On January 12, 2021, an Order Closing File and Relinquishing Jurisdiction was issued by the Honorable Robert S. Cohen, Administrative Law Judge of the Division of Administrative Hearings, based on the Department’s unopposed Motion to Relinquish Jurisdiction, filed January 11, 2021.

The parties have entered into the Settlement Agreement, resolving all disputes arising from the Department’s denial of Petitioner’s renewal of its license and Petitioner’s petition for formal administrative hearing,1 and the agreement’s terms appear reasonable and acceptable to the Department. Therefore, the terms of the Settlement Agreement, a copy of which is attached, is approved and incorporated into this final order. The parties are directed to abide by the Settlement Agreement according to its terms.

Accordingly, it is ORDERED and ADJUDGED that the Settlement Agreement is incorporated into this final order, and, therefore, the case is CLOSED.

1 The Settlement Agreement resolves both this matter and a related case, DHSMV v. Boca Bay DUI Program, Inc., HSMV Case No. MS-19-949.

Page 1 of 2

BOCA BAY DUI PROGRAM, INC. v. DHSMV HSMV Case No. MS-20-343

DOAH Case No. 20-2996

Filed January 13, 2021 2:02 PM Division of Administrative Hearings

DONE AND ORDERED this

Leon County, Florida.

13th

day of

January

, 2021, at Tallahassee,

FILED FLHSMV AGENCY CLERK JAN 13 2021

MS-20-343

Robert Kynoch, Director of Motorist Services Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway

Tallahassee, Florida 32399

COPIES FURNISHED this 13th

day of January

, 2021, to:

Clayton Ford Knowles, Esquire Pittman Law Group, P.L.

1028 East Park Avenue Tallahassee, Florida 32301-2673 clayton@pittman-law.com

Elana J. Jones, Esquire Roberto Castillo, Esquire Office of General Counsel Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room A-432 2900 Apalachee Parkway, MS-02 Tallahassee, Florida 32399-0504 elanajones@flhsmv.gov robertocastillo@flhsmv.gov melissahowland@flhsmv.gov

Ray Graves, Bureau Chief Bureau of Motorist Compliance Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room A-202 2900 Apalachee Parkway, MS 97

Tallahassee, Florida 32399-0585 raygraves@flhsmv.gov

Page 2 of 2

BOCA BAY DUI PROGRAM, INC. v. DHSMV HSMV Case No. MS-20-343

DOAH Case No. 20-2996

Docket for Case No: 20-002996

Orders for Case No: 20-002996