STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,

Petitioner,

vs.

MIAMI DRIVING & TRAFFIC SCHOOL INC.,

Respondent.

/

FINAL ORDER

HSMV Case No.: MS-20-368 DOAH Case No: 20-4417

FINAL ORDER NO.: 2021

HSMV-21-0023-FOI-MS

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

This matter comes before the Department of Highway Safety and Motor Vehicles for entry of a final order upon submission of a Recommended Order filed January 13, 2021, by Hearing Officer Kathryn Bischoff. Upon review of the Recommended Order, which is attached and incorporated by reference, and the record in the above-styled cause, and being fully advised in the premises,

It is ORDERED that the Department adopts the Recommended Order as its final order in this matter.

1. On April 9, 2018, Respondent entered a contract with the Department to perform knowledge examinations on the Department’s behalf. Moreover, on October 28, 2018, Respondent entered into a contract with the Department to perform driving skills examinations on the Department’s behalf. On February 4, 2020, Respondent signed an addendum to the knowledge examination contract, which addendum states in pertinent part that, if the Department determines the Third Party Administrator has engaged in any fraudulent activity, the Department has the authority to terminate all Third Party Class E Testing Agreements between the Department and the Third Party Administrator, regardless of whether the fraudulent activity is related to any such agreement or not.

2. Hearing Officer Bischoff stated as part of her findings that Respondent had violated Section VII, paragraph D.2., of the driving skills examination contract, which states the following:

   D. The Department reserves the right to terminate this agreement upon determining the Third Party Administrator or Third Party Examiner in the employ of a Third Party Administrator fails to comply with the terms of this contract, including:

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   DHSMV v. MIAMI DRIVING & TRAFFIC SCHOOL INC. HSMV Case No. MS-20-368

   DOAH Case No. 20-4417

   
   

   Filed January 27, 2021 12:44 PM Division of Administrative Hearings

   
   

   1. Administering Class E Driving Skills Exams honestly and without false statement, without obtaining or assisting a person in obtaining any driver license through fraudulent means or by misrepresentation, to include falsification of course completions that are required to obtain or reinstate driver license privilege;….

   2. Respondent violated these provisions of the contract by uploading a passing result for customers on June 24, 2020, when there were no approved driving examiners at its site. As a result of this fraudulent activity, Respondent’s driving skills and knowledge examination contracts with the Department are TERMINATED.

It is further ordered that the case is CLOSED.

DONE AND ORDERED this 27th day of January , 2021, at Tallahassee, Leon County, Florida.

FILED FLHSMV AGENCY CLERK JAN 27 2021

MS-20-368

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

Tallahassee, Florida 32399

COPIES FURNISHED this 27th day of January , 2021, to:

Rafael J. Oropesa, Esquire

4160 West 16th Avenue, Suite 404

Hialeah, Florida 33012-5853 rjo.law@gmail.com

Elana J. Jones, Esquire Assistant 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 melissahowland@flhsmv.gov

Kathryn Bischoff, Esquire

Assistant General Counsel Hearing Officer Department of Highway Safety

and Motor Vehicles

4584 140th Avenue, North, Suite 1002

Clearwater, Florida 33762 kathrynbischoff@flhsmv.gov

William R. Graves

Chief of Motorist Compliance Department of Highway Safety and Motor Vehicles

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

Tallahassee, Florida 32399-0585 raygraves@flhsmv.gov

NOTICE OF APPEAL RIGHTS

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

§ 120.68, Fla. Stat., and Fla. R. App. P. 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 Fla. R. App. P. 9.110(d) and must be filed (i.e., received by the Agency Clerk) within thirty days of rendition of this final order.

Filing with the Department’s Agency Clerk may be accomplished by 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 (850) 617-5112. The email address is OGCFiling@flhsmv.gov.

Docket for Case No: 20-004417

Orders for Case No: 20-004417