STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, PETITIONER, v. CASE NO.: HSMV CASE NO: MS-21-024 PEROTTE DRIVING SCHOOL, RESPONDENT / ADMINISTRATIVE COMPLAINT COMES NOW, Petitioner, Department of Highway Safety and Motor Vehicles (Department), by and through its undersigned counsel, and files this Administrative Complaint and in support thereof alleges: 1. Department is the state agency authorized to enter into contracts with driving schools to administer driving and skills portions of examinations for driver licenses in the State of Florida pursuant to Section 322.56, Florida Statutes (2020). 2. At all times material to this Complaint, Respondent, Perotte Driving School, entered into a contract (Contract) to administer the knowledge portion of driver license examinations with Department on May 23, 2019, with Wilner Perotte as Owner/CEO of Respondent driving school. 3. Respondent with Wilner Perotte as CEO, and Department also signed Amendment No. 1 to the May 23, 2019 agreement. 4. Respondent’s address of record is 12175 Northwest 7 Avenue, North Miami, Florida 33168. 5. Section 322.56 (1), Florida Statutes (2020), states the following: (1) The department may, by _ contract, interagency agreement, or interlocal agreement, authorize a person, an entity of the state government, a subdivision of state government, a public or private corporation, a firm, an organization, a school, or an entity of a local government to administer the written and driving skills portions of an examination for all classes and types of driver licenses, the results of which may be accepted in lieu of the results of a written and driving skills examination given by the department. 6. Section 322.56 (3)(f), Florida Statutes (2020), states the following: (3) The contract or agreement between the third-party administrator and the state must, at a minimum, contain provisions that: (f) Reserve to the department the right to take prompt and appropriate action against a third party that fails to comply with state or federal standards for a driver license examination or that fails to comply with any terms of the contract. 7. Onor about October 8, 2020 Beatrice Dume, a Regulatory Program Specialist with the Department, went to Respondent driving school and began monitoring it while outside through the Automated Driver license Testing Systems (ADLTS). 8. The Department initiated monitoring of Respondent due to it having an examination passage rate which was significantly higher than neighboring driving schools with a similar number of applicants. 9. On or about October 8, 2020, at about 12:09 p.m., Ms. Dume entered Respondent driving school. 10. Upon entering Respondent driving school, Ms. Dume observed a woman named Marie Juste, along with a driving school applicant, M.S., in Respondent’s testing room. 11. Ms. Juste is a driving instructor with Respondent. She is not approved to administer Class E skills or knowledge examinations. 12. Atthe time Ms. Juste was in the room with M.S., M.S. was taking a Class E knowledge examination 13. Ms. Dume asked Ms. Juste why she was in the room with M.S., after which Ms. Juste left the premises without answering. 14. On or about October 9, 2020, at about 10:30 a.m., Ms. Dume arrived at Respondent driving school premises. 15. Ms. Dume monitored the driving school from the outside using ADLTS to review the administration of Class E knowledge examinations by Respondent. 16. At about 11:20 a.m., Ms. Dume entered Respondent driving school. 17. While inside the school, Ms. Dume observed Mr. Perotte enter a customer name “V.T.B.” into his computer to show that V.T.B. had taken the Traffic Law and Substance Abuse Education (TLSAE) course while V.T.B. was taking the Class E knowledge examination. 18. The TLSAE course must be completed by each driver license applicant pursuant to Section 322.095(1), Florida Statutes. 19. Ms. Dume questioned Mr. Perotte concerning when V.T.B. came to Respondent driving school to take the TLSAE course. 20. Mr. Perotte stated to Ms. Dume that V.T.B. came to the school to take the course the previous day after Ms. Dume left the school. 21. After telling Mr. Perotte she left the school at 5:45 p.m. the previous day and that Respondent driving school closes at six, Ms. Dume informed Mr. Perotte that it would have been impossible for V.T.B. to complete the course, given that it is a four-hour course. 22. Mr. Perotte responded by telling Ms. Dume that V.T.B. was pregnant and he “gave her a break”. 23. V.T.B. failed the Class E knowledge examination but returned another day and passed the Class E knowledge examination. 24. On or about October 14, 2020, Ms. Dume arrived at Respondent driving school at 12:30 p.m. 25. When Ms. Dume arrived at Respondent driving school, Mr. Perotte stopped customers from coming inside the main entrance. 26. At or about 2:30 p.m., Ms. Dume left to go to another driving school. 27. At or about 4:30 p.m., Ms. Dume returned to Respondent driving school. 28. Upon her return, Ms. Dume observed Mr. Perotte inside the testing room with applicant L.M. while L.M. was taking the Class E knowledge examination. COUNT I 29. Department realleges and incorporates paragraphs one through six and fourteen through twenty-three as if fully stated herein. 30. Section 322.56 (3)(f), Florida Statutes mandates that contracts between the State and third-party administrators must provide the following: (f) Reserve to the department the right to take prompt and appropriate action against a third party that fails to comply with state or federal standards for a driver license examination or that fails to comply with any terms of the contract. 31. Section VIII, paragraph A., 2. of the Contract states the following: A. 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: 2. Administering Class E Knowledge 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. 32. Respondent violated Section VIII, paragraph A., 2 of the Contract by entering into its computer system that V.T.B. completed the TLSAE course when Respondent knew that she did not do so. 33. Based on the foregoing, Respondent violated Section VIII, paragraph A., 2. of the Contract by assisting V.T.B. in fraudulently obtaining her driver license by representing that she completed a required course for obtaining her driver license when she had not done so. COUNT II 34. Department realleges and incorporates paragraphs one through thirteen and twenty-four through twenty-eight as if fully stated herein. 35. Section 322.56 (3)(f), Florida Statutes mandates that contracts between the State and third-party administrators must provide the following: 36. following: 37. following: 38. (f) Reserve to the department the right to take prompt and appropriate action against a third party that fails to comply with state or federal standards for a driver license examination or that fails to comply with any terms of the contract. Section II], paragraph G., 2. of the Contract states the 2. The Third Party Administrator must ensure that the examination area is free from distractions or interference that would affect the examining ability of any applicant. Section III, paragraph G., 4. of the Contract states the 4. The Third Party Administrator must ensure that only the actual examining applicants are allowed in the examination area. Respondent violated Section III, paragraph G., 2 and 4 of the Contract in one or more of the following ways: a) By allowing an individual to be in the examination room with M.S. at the time when M.S. was taking the Class E knowledge examination on October 8, 2020; and/or b) By allowing an individual to be in the examination room with L.M. at the time when L.M. was taking the Class E knowledge examination on October 14, 2020 as if fully stated herein. 39. Based on the foregoing, Respondent violated Section III, paragraph G., 2. and 4. of the Contract by allowing distractions in the examination area and by allowing an individual to be in the examination room while applicants were taking the Class E knowledge examination. COUNT III 40. Department realleges and incorporates paragraphs one through six, twenty-four, and twenty-five as if fully stated herein. 41. Section 322.56 (3)(f), Florida Statutes mandates that contracts between the State and third-party administrators must provide the following: (f) Reserve to the department the right to take prompt and appropriate action against a third party that fails to comply with state or federal standards for a driver license examination or that fails to comply with any terms of the contract. 42. Section V., paragraph I., 1., b. of the Contract states the following: I. Statutory requirements of the Third Party Administrator: 1. Requirements of Section 322.56, Florida Statutes: b. Allow the Department, or its representative, to conduct random examinations, inspections, and audits without prior notice. 43. Respondent violated Section V., paragraph I., 1., b. of the Contract, specifically failing to allow the Department to conduct a random inspection by preventing customers from coming inside the main entrance of the driving school when Ms. Dume arrived at Respondent driving school on October 14, 2020. 44. Based on the foregoing, Respondent violated Section V., paragraph I., 1., b. of the Contract by failing to allow the Department to conduct a random inspection of Respondent driving school without prior notice. WHEREFORE, the Department hereby gives notice of its intent to enter a Final Order imposing one or more of the following penalties: imposition of an administrative fine, suspension or revocation of Respondent’s license, and/or any other relief deemed appropriate. 10 Respectfully submitted, CHRISTIE S. UTT Assistant Florida Bar No.: 0078999 Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway, A-432 Tallahassee, Florida 32399-0504 Telephone: (850) 617-3101 11 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished to law enforcement on this of day of Fthua 4 5 Driving School,

Docket for Case No: 21-000905