FILED FLHSMV AGENCY CLERK SEP 02 2021
MS-20-396
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
TT & R ENTERPRISES, INC,
Petitioner,
HSMV CASE NO.: MS-20-396 DOAH Case No.: 20-005103
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Respondent.
I
FINAL ORDER NO. : FLHSt-tV 2021
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
FINAL ORDER
The Department of Highway Safety and Motor Vehicles ("Department") hereby enters this Final Order for the above styled matter, pursuant to Section 120.57(2), Florida Statutes. On July 28, 2021, Kathryn Bischoff, the designated Hearing officer for the Department, presiding over the Administrative Hearing, issued the Recommended Order in this matter. That Recommended Order is attached to this Final Order and incorporated herein by reference. No exceptions have been filed to the Recommended Order.
PRELIMINARY STATEMENT
The Preliminary Statement contained in the Recommended Order is hereby adopted as the Preliminary Statement of the Department.
EVIDENCE RECIEVED
The Evidence Received contained in the Recommended Order is hereby adopted as the Evidence received by the Department.
FINDINGS OF FACT
The Findings of Fact contained in the Recommended Order are hereby adopted as the Findings of Fact of the Department.
Page 1 of3
TT & R ENTERPRISES, INC v. DHSMV Case No.: 20-005103
Filed September 2, 2021 12:49 PM Division of Administrative Hearings
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 of Wade 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 9.1 l0(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 (850) 617-5112. The email address is OGCFiling@flh smv.gov.
Page 3 of3
TT & R ENTERPRISES, INC v. DHSMV Case No.: 20-005103
STATE OF FLORIDA
DEPARTMENT OF mGHWAY SAFETY .AND MOTOR VEfilCLES
Tr&R ENTERPRISES, INC,
Petitioner,
HSMV CASE NO.: MS-20-396 DOAH Cue No.: 20-00S103
v.
DEPARTMENT OF filGHWAY SAFETY AND MOTOR VEHICLES,
Respondent
RECOMMENDED ORDER
Assistant General Counsel Hearing Officer, Kathryn Bisdioff, conducted the admjnistrative 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 Adminis1rative 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, Administrator
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 whethm there are mitigating circumstances involved in the Intent to Deny Letter issued to the Petitioner August 21, 2020.
PRELIMINARY STATEMENT
On August 21, 2020, the Deparbnent 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 Petition« 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 Tallabaaec, 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 FACT
Respondent (hereinafter "Department'') is the state agency charged with regulating the business of buying, selling, or dealing 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.
Petitioner, by Todd Robinson, President, applied for an Independent Motor Vehicle
Dealer license and a Salvage Vehicle Dealer license.
Todd Robin.son was convicted of five (S) felonies: 1) Possession of cocaine, date of arrest 11/20/1987 Case Number: 161987CF0102S6AXXXMA; 2) Possession ofwoapon, canying concealed firearm, date of arrest 10/03/1988 Case Number: 161988CF012790AXXXMA; 3) Own, operate, conduct or aid and abet chop shop, date of arrest 2/15/2007 Case Number: 162007CF003248AXXXMA; 4) Sell, transport, deliver, purchase or receive a motor vehicle without obtaining proper title and dismantJjng or destruction of a motor vehicle without proper title, date of arrest 12/07/2009 Case Number: 162009CF015761; and S) distribute of S gram of cocaine base, date of arrest 4/23/1990 Case Number: 11163-018.
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 (5) felony convictions.
MITIGATION AND AGGRAVATION TESTIMONY
Jaime 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 of five (S) felonies, two ofwhidi 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 obtajnjng 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 Selvage Vebicle Dealer license would allow the Petitioner to obtain wrecked or unfit vehicles, msmantle the vehicles and sell the parts.
Petitioner presented no mitigation testimony as he failed to appear at the hearing he
requested.
CONCLUSIONS OF LAW
Respondent is the agency respODSlble for licensing motor vehicle dealers pursuant to Section 320.27, Florida Statutes.
The Department of Highway Safety and Motor Vehicles has jurisdiction over the parties and the subject matter of this proceeding pursuant to Sections 120.569 and 120.57(2), Florida Statutes.
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.
Petitioner admibJ 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 (S) felony convictions, two (2) involving motor vehicles, as stated in the Intent to Deny Letter dated August 21, 2020.
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 factors were presented to overcome denial of Petitioner's applications.
RECOMMENDATION
Based on the foregoing Findings of Pact and Conclusions of Law, it is RECOMMENDED that the Department enter a final order:
Adopting the Findings of Pact and Conclusions of Law;
Deny Petitioner's Application for Independent Motor Vehicle Dealer and Application
for Salvage Vehicle Dealer
DONE AND ENTERED this 6th day of August, 2021, in Clcan. -.:a·. . - . }', Florida.
-
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Counsel Hearing Officer Department of Highway Safety and Motor Vehicles 4584 14()1h- 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 WadeRolleLaw@gmail.com; Sena Lizenbec, Esquire at SenaLizenbee@tlbsmv.gov.
| Issue Date | Document | Summary |
|---|---|---|
| Sep. 02, 2021 | Agency Final Order | FILED FLHSMV AGENCY CLERK SEP 02 2021 MS-20-396 
HSMV CASE NO.: MS-20-396 DOAH 
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 ofLaw contained in the Recommended Order are hereby adopted as the Conclusions ofLaw ofthe Department. 
ORDER 
Based upon the foregoing Findings of Fact and Conclusions ofLaw adopted from the Recommended Order ofthe 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. 
1-~~
DONE AND ORDERED this day of September, 2021, at Tallahassee, Leon 
County, Florida. 
Director ofMotorist 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 ofthe 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 ofrendition ofthis 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 (850) 617-5112. The email address is OGCFiling@flhsmv. gov. 
Page 3 of3 IT & R ENTERPRISES, INC v. DHSMV Case No.: 20-005103 
HSMV CASE NO.: MS-20-396 DOAH 
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 ofHighway 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 ofHearing 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 ofAdministrative 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 ofHearing DMS#7-Amended Notice ofHearing 
FINDINGS OF FACf 
1. 
Respondent (hereinafter "Department'') is the state agency charged with regulating the business ofbuying, 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 offive (S) felonies: 1) Possession ofcocaine, 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 ofarrest 2/1512007 Case Number. 162007CF003248AXXXMA; 4) Sell, transport, deliver, purchase or receive a motor vehicle without obtaining proper title and dismantJ;ng or destruction ofa motor vehicle without proper title, date ofarrest 12/07/2009 Case Number: 162009CF015761; and S) distribute ofS gram ofcocaine base, date ofarrest 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 ofa 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 ofHighway Safety and Motor Vehicles has jurisdiction over the parties and the subject matter ofthis 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 ofSections 320.77 or 320.771, Florida Statutes, upon proof the applicant has been convicted ofa felony. 
4. 
Petitioner admit~J 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 ofFact 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 ofthe 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 ofLaw, it is RECOMMENDED that the Department enter a final order: 
1. 
Adopting the Findings ofFact and Conclusions ofLaw; 
2. 
Deny Petitioner's Application for Independent Motor Vehicle Dealer and Application for Salvage Vehicle Dealer 
Counsel Hearing Officer Department ofHighway Safety and Motor Vehicles 4584J4()'h Avenue North, Suite 1002 Clearwater, Florida 33762 
CERTIFICATE OF SERVICE 
I hereby certify that copies ofthe recommended order were furnished via email this 6th day ofAugust, 2021, to Wade Rolle, Esquire WadeRolleLaw@gmail.com; Sena Lizenbcc, Esquire at SenaLizenbee@flhsmv.gov. |
