STATE OF FLORIDA

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

ASPHALT PAVING SYSTEMS, INC.,

Petitioner,

vs.

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,

Respondent.

/

HSMV Case No.: MS-20-400 DOAH Case No.: 21-0382

Audit No.: 19-2116

IFTA Account No.: 223787755-01

IFTA Audit Period: 7/1/2016–6/30/2017 IRP Account No.: 360970-01

IRP Audit Period: 2019

FINAL ORDER NO.: 2021

FINAL ORDER

HSMV-21-0121-AS-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 the Order Closing Files and Relinquishing Jurisdiction1 issued May 21, 2021, by the Honorable Andrew D. Manko, Administrative Law Judge of the Division of Administrative Hearings, based on Respondent’s unopposed Motion to Relinquish Jurisdiction, filed May 20, 2021, and the parties’ Settlement Agreement, executed May 20, 2021, copies of which are attached and incorporated by reference in this order.

Upon consideration of the Settlement Agreement, and being fully advised in the premises, it is ORDERED AND ADJUDGED:

1. The Settlement Agreement as submitted is approved, adopted, and incorporated herein by reference.

2. The parties shall adhere to and abide by all terms and conditions of the Settlement Agreement.

3. Pursuant to the Settlement Agreement, Petitioner, Asphalt Paving Systems, Inc., no later than June 21, 2021, shall pay $30,827.89 in full satisfaction of the International Fuel Tax Agreement (IFTA) and International Registration Plan (IRP) assessments. Failure to timely pay this amount will result in suspension of IFTA registration privileges. § 207.007(3)(c), Fla. Stat.

4. Pursuant to the Settlement Agreement, Petitioner, Asphalt Paving Systems, Inc., waives any and all appeal rights upon entry of this final order.

   
   

   
   

   1 A related rule challenge, Asphalt Paving Systems, Inc. v. DHSMV, DOAH Case

   No. 21-1481RU, which had been consolidated with this matter and for which the Division of Administrative Hearings has final order authority, was dismissed by Order of Dismissal issued May 21, 2021.

   
   

   Page 1 of 2

   ASPHALT PAVING SYSTEMS, INC. v. DHSMV HSMV Case No.: MS-20-400

   DOAH Case No. 21-0382

   Audit No.: 19-2116

   
   

   Filed May 24, 2021 9:58 AM Division of Administrative Hearings

   
   

5. This final order shall take effect upon filing with the Department’s Agency Clerk,

and the case is CLOSED.

DONE AND ORDERED this

Leon County, Florida.

24th

day of

May , 2021, at Tallahassee,

FILED FLHSMV AGENCY CLERK MAY 24 2021

MS-20-400

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

Tallahassee, Florida 32399

COPIES FURNISHED this 24th day of May , 2021, to:

Roberto R. Castillo, 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 robertocastillo@flhsmv.gov melissahowland@flhsmv.gov

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

Gerald J. Donnini II, Esquire Moffa, Sutton & Donnini, P.A. Trade Center South, Suite 930 100 West Cypress Creek Road Fort Lauderdale, Florida 33309 jerrydonnini@floridasalestax.com

Jonathan W. Taylor, Esquire Moffa, Sutton & Donnini, P.A. Trade Center South, Suite 930 100 West Cypress Creek Road Fort Lauderdale, Florida 33309

jonathantaylor@floridasalestax.com jonathan.w.taylor.esq@gmail.com

Jay S. Levenstein, Bureau Chief Bureau of Commercial Vehicle and Driver Services Department of Highway Safety and Motor Vehicles

Neil Kirkman Building, Room B-106 2900 Apalachee Parkway, MS-62 Tallahassee, Florida 32399-0500 jaylevenstein@flhsmv.gov

Page 2 of 2

ASPHALT PAVING SYSTEMS, INC. v. DHSMV HSMV Case No.: MS-20-400

DOAH Case No. 21-0382

Audit No.: 19-2116

Docket for Case No: 21-001481RU

Orders for Case No: 21-001481RU