STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALACHUA COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-024

)

GERALD A. LEWIS, as Comptroller ) of the State of Florida, )

)

Respondent. )

) ALACHUA COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2135

) FLORIDA DEPARTMENT OF HIGHWAY ) SAFETY AND MOTOR VEHICLES, )

)

Respondent. )

)

RECOMMENDED ORDER

A formal administrative hearing was conducted in this matter on November 9, 1982, in Tallahassee, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: Thomas D. MacNamara

Gainesville, Florida

For Respondent Walter W. Wood (Gerald A. Lewis): Tallahassee, Florida,

For Respondent Michael J. Alderman (Department): Tallahassee, Florida

This proceeding is an artifact of the motor vehicle inspection program that was administered in part by the Department of Highway Safety and Motor Vehicles ("DHSMV") and by county governments. At issue is whether counties are entitled to receive delinquent fees that were paid by members of the motoring public who were tardy in having their vehicles inspected. The dispute is the result of the inspection program being abolished by legislation. Alachua County filed a petition with DHSMV in September, 1981, requesting an accounting of all moneys that DHSMV was holding in an Alachua County delinquent fee account. The county was seeking a "refund" of all such funds. On October 20, 1981, DHSMV entered an order dismissing the petition. The county took an appeal to the First District Court of Appeal. In November, 1981, Alachua County filed a petition for formal proceedings with DHSMV requesting a refund for moneys that the county paid for

unused inspection certificates. On December 16, 1981, DHSMV dismissed this petition, claiming that it lacked jurisdiction and that the earlier order was res judicata as to the issues. The county filed an appeal as to this order, and the proceedings were consolidated before the District Court of Appeal. On July 29, 1982, the court vacated the two orders of DHSMV and remanded the matters so that a formal administrative hearing could be conducted.

Also, in September, 1981, the county filed a request for refund with the Office of the Comptroller relating to the same subject matter. The Comptroller denied relief and allowed the county an opportunity to request formal proceedings. The county filed a petition for formal hearing, and the matter was forwarded to the office of the Division of Administrative Hearings. After the District Court of Appeal issued its decision, DHSMV forwarded the matter before it to the office of the Division of Administrative Hearings. The proceedings were consolidated before the Division.

At the final hearing, the parties presented a stipulation which resolved most of the issues of fact. DHSMV called the following witnesses at the hearing: C. C. Reynolds, the former head of the motor vehicle inspection program in Florida; and Helen Patton, an employee of DHSMV who had been in charge of bookkeeping for the inspection program. Alachua County also called Mrs. Patton as a witness. Hearing Officer's Exhibit 1; Alachua County Exhibits 1, 2, and 3; and Comptroller Exhibit 1 were offered into evidence and received. Alachua County Exhibit 4 was offered into evidence and rejected. The parties have submitted post-hearing legal memoranda.

ISSUE

The issue in this proceeding is whether a county which operated a motor vehicle inspection station under the now defunct program is entitled to a cash refund of moneys that the county collected from motorists who were tardy in having their automobiles inspected. Alachua County contends that these fees were collected by the county to be held in escrow by DHSMV. With the demise of the inspection system, the county contends that the proceeds should be returned to the county. Both Respondents contend that the county is not entitled to any such funds and that there is no statutory authority for either DHSMV or the Comptroller to make such a refund.

FINDINGS OF FACT

1. The parties entered into a stipulation of facts. While issues remained between the parties as to precise monetary amounts, these issues are not pertinent to the facts deemed relevant for the purposes of this Recommended Order. Accordingly, the findings of fact set out in the stipulation are hereby adopted as the Findings of Fact in this Recommended Order. The parties' stipulation is attached to this Recommended Order as Appendix I and is incorporated into the Recommended Order as fully as if it were set out herein. The paragraphs which follow constitute a summary of the factual findings for the sake of clarity.

   
   

2. A motor vehicle inspection program was established in Florida in 1967. See: Chapter 67-301, Laws of Florida. DHSMV was in charge of administering the program. Alachua County operated one motor vehicle inspection station in the county. The station was licensed by DHSMV in July, 1968, and operated continuously until the motor vehicle inspection program was terminated on September 30, 1981. When a motorist had his or her vehicle successfully inspected at the Alachua County station, the county would place an inspection

   certificate on the vehicle. The county collected a fee for the inspection service. The certificate was purchased from DHSMV at a cost of 40 cents per certificate. Certificates were ordered by the county in bulk, typically on an annual basis.

   
   

3. In accordance with Section 325.24, Florida Statutes, Alachua County would collect a delinquent fee of $1.00 from motorists who had their vehicles inspected subsequent to the time required by law. These delinquent fees were forwarded by the county to DHSMV. DHSMV deposited them into the State's general revenue fund. DHSMV maintained a record of the amount of delinquent fees that had been forwarded by the county. When the county ordered inspection certificates, the cost of the certificates was offset by debiting the delinquent fee account. The county was thus able to offset the cost of obtaining inspection certificates through the delinquent fees that it had collected. If the county had not collected sufficient delinquent fees to offset the cost of all certificates that it needed to purchase, the remaining certificates would be purchased with cash.

   
   

4. At the end of a calendar year, inspection certificates that had been purchased by the county would become obsolete and unusable. If the county timely returned these certificates to DHSMV, the Department would issue a cash refund to the county for certificates that had been purchased with cash and credit the county's delinquent fee account for certificates that had been purchased by using the account.

   
   

5. In 1981, the Florida automobile inspection program was terminated by legislation. See: Chapter 81-212, Laws of Florida. In bringing the program to an end, DHSMV continued to handle returns of unused inspection certificates in the same manner that it had previously. If a county returned unused certificates that had been purchased with cash, a cash refund would be issued. If a county returned certificates that had been purchased through the delinquent fee account, the account would be credited. The delinquent fee accounts became obsolete when the program concluded on September 30, 1981.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding. Section 120.57(1), Florida Statutes; Alachua County v. Florida Department of Highway Safety and Motor Vehicles, 417 So.2d 1073 (1 DCA Fla. 1982).

   
   

7. Alachua County contends that the delinquent fee account constituted a fund in the nature of an escrow account. The county contends that the purpose of the account was to provide a fund from which the county could draw to purchase certificates, and that DHSMV was merely holding the money for the county. With the termination of the program, the county contends that money remaining in the account should be forwarded to the county. DHSMV and the Comptroller contend that the delinquent fee account was available to the county only for the limited and specific purpose of being used to satisfy certificate purchases. The agencies contend that since the county has no further need to purchase certificates, there is no longer any need to maintain the account and that the money collected for delinquent fees should remain in the State's general revenue fund. The agencies further contend that they have no authority to issue any refund absent a specific legislative appropriation.

   
   

8. Prior to the repeal of the motor vehicle inspection program, Section 325.24(1), Florida Statutes (1979), provided that inspection stations such as

   the one operated by Alachua County would charge a $3.00 fee for inspecting motor vehicles. Upon payment of the fee and completion of the inspection, the station was required to affix a valid inspection certificate to the vehicle. Inspection certificates were required to be ordered from DHSMV at a cost of 40 cents for each certificate. The Act further provided:

   
   

   [W]hen any vehicle is inspected sub- sequent to the time required by this chapter, an additional delinquent fee of $1 shall be paid. The delinquent fee shall be forwarded to the depart- ment [DHSMV] and shall be credited against the 40-cent remittance required by this section.

   
   

   This provision is the only statutory language that specifically dealt with the handling of delinquent inspection fees.

   
   

9. The Department was given express authority to adopt rules for carrying out the provisions of the inspection program. Section 325.26, Florida Statutes (1979). The Department promulgated rules for the purchasing of inspection certificates. Rule 15C-5.10, Florida Administrative Code. Under the rules, inspection station operators such as Alachua County could order certificates in bulk by providing DHSMV with the appropriate form and accompanying the request with the required fee of 40 cents for each certificate. Alternatively, the county could purchase the certificates by using its delinquent fee account. The Department's Rule 15C-5.10(8)(a), Florida Administrative Code, related to requests for refunds on certificates that inspection stations had purchased but did not use. The rule provided:

   
   

   All requests for refunds on unused certificates must be returned to Bureau of Motor Vehicle Inspection Headquarters, Tallahassee, with an MVI-9 (Refund Request) within 45 days after the end of each inspec- tion period. Certificates that are unusable--mutilated, torn, punched,

   etc. (not the fault of the printer)-- will not be refunded. No refunds will be made after this date. All requests for refunds shall be mailed separately. However, all unused Certificates will be forwarded to Motor Vehicle Inspec- tion Headquarters, Tallahassee, with MVI-9 attached for accounting purposes.

   
   

   In accordance with this rule, the Department developed a practice of receiving unused certificates with the appropriate form and request for refund, refunding cash if cash was paid for the certificates, and crediting the delinquent vehicle inspection account if the certificates were purchased through the account.

   
   

10. The only expression of legislative intent respecting use of delinquent inspection fees is as set out above. The plain language of the statute provides that the delinquent fees are to be collected by the inspection station operator and forwarded to DHSMV. Nothing in the statute indicates that the inspection station operator accrues any benefit from the delinquent fee except that it

    could be used as a means of purchasing inspection certificates. The statute does not provide that delinquent fees forwarded to DHSMV should be maintained in a separate escrow account. Under the provisions of Section 215.32, Florida Statutes, any segregation of the funds into a separate account could only have been in accordance with a specific statutory authorization. Given the plain language of the statutory provision, the conclusion is inescapable that the Legislature intended that delinquent fees be deposited into the State's general revenue fund and that inspection station operators be permitted to glean a specific advantage from having collected the fees, that being utilizing them to purchase inspection certificates. That benefit disappeared when the need to purchase certificates was extinguished as a result of the elimination of the inspection program. Chapter 81-212, Laws of Florida.

    
    

11. The Comptroller and DHSMV have contended that they are without authority to issue any refund to Alachua County even if the statute were construed in such a manner as to indicate that inspection fees were the property of Alachua County. Since the statute cannot be construed in this manner, it is unnecessary to delve into the rather thorny issue of whether such a refund would be possible absent a specific legislative appropriation. It is noted that DHSMV had long followed a practice of making refunds to motor vehicle inspection operators for unused certificates when the certificates had been purchased with cash. Clearly, DHSMV felt that it had the authority to make such refunds.

    
    

12. Alachua County is not entitled to a refund for unused inspection certificates that it purchased through credits from its delinquent fee account and is not entitled to recover funds from the account.

RECOMMENDED ORDER

Based upon the foregoing Findings of Fact and Conclusions of Law, it is, hereby,

RECOMMENDED:

1. That Gerald A. Lewis, as Comptroller of the State of Florida, enter a final order denying the refund request submitted by Alachua County and dismissing the county's request for a formal hearing.

   
   

2. That the Department of Highway Safety and Motor Vehicles enter a final order denying the refund request submitted by Alachua County and dismissing the request for formal administrative proceedings.

RECOMMENDED this 14th day of December, 1982, in Tallahassee, Florida.

G. STEVEN PFEIFFER Assistant Director

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 14th day of December, 1982.

COPIES FURNISHED:

Thomas D. MacNamara, Esquire Mr. Robert A. Butterworth Assistant County Attorney Executive Director

Alachua County Department of Highway Safety Post Office Drawer CC and Motor Vehicles Gainesville, Florida 32602 Neil Kirkman Building

Tallahassee, Florida 32301

Walter W. Wood, Esquire Assistant General Counsel Office of the Comptroller The Capitol, Suite 1302 Tallahassee, Florida 32301

Michael J. Alderman, Esquire Assistant General Counsel Department of Highway Safety

and Motor Vehicles Neil Kirkman Building

Tallahassee, Florida 32301

The Honorable Gerald A. Lewis Comptroller, State of Florida The Capitol

Tallahassee, Florida 32301

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALACHUA COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-024

)

GERALD A. LEWIS, as Comptroller ) of the State of Florida, )

)

Respondent. )

)

)

ALACHUA COUNTY, )

)

Petitioner, )

)

vs. ) CASE NO. 82-2135

) FLORIDA DEPARTMENT OF HIGHWAY ) SAFETY AND MOTOR VEHICLES, )

)

Respondent. )

)

APPENDIX I TO RECOMMENDED ORDER THE PARTIES' STIPULATION OF FACT

COMES NOW the Petitioner, ALACHUA COUNTY, Respondent, OFFICE OF THE COMPTROLLER, and Respondent, FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR

VEHICLES, by and through their undersigned attorneys, and stipulate, for the sole and only purpose of this administrative hearing, that the following factual matters are in all respects true and correct:

1. Petitioner is Alachua County, a political subdivision of the State of Florida, Post Office Drawer "CC", Gainesville, Florida, 32602.

   
   

2. Respondent is Gerald Lewis, Comptroller of the State of Florida (Office of the Comptroller), The Capitol, Suite 1302, Tallahassee, Florida, 32301.

   
   

3. Respondent is the Florida Department of Highway Safety and Motor Vehicles, an agency of the State of Florida, Neil Kirkman Building, Tallahassee, Florida, 32301, hereinafter referred to as "Department".

   
   

4. Section 325.23, Florida Statutes, ordered the Department to establish procedures for the "control, distribution, sale, refund, and display of certificates, and for accounting for proceeds of their sale, consistent with this part". (F.S.) Section 325.26 authorized the Department to promulgate rules reasonably necessary for carrying out the provisions of the inspection program.

   
   

5. Under these mandates, the Department did establish procedures and promulgated rules. The rules are found in Chapter 15, Florida Administrative Code. Rule 15-7.09(9) provided a system for refunds on unused inspection certificates. Under this rule and these statutes, the Department established for each inspection station or county a "delinquent fee account" to which receipts of delinquent fees were credited and purchases of certificates were charged, maintaining a running balance of credits available for the future purchase by such facility of certificates. No debit balances were maintained in these accounts. Delinquent fees, as received, were forwarded to the State Treasurer for deposit to the General Revenue Fund and a credit entry in a comparable amount was entered to the account ledger. At the expiration of an inspection period, the station would return all unused certificates to the Department, accompanied by Form MVI-9. The Department would then process a refund request and the Office of the Comptroller would pay the station the amount of such refunds.

   
   

6. Alachua County operated one (1) motor vehicle inspection station in Alachua County. This station was licensed by the State of Florida in July, 1968, and has operated continuously since licensing, until termination of the program on September 30, 1981.

   
   

7. Pursuant to Section 325.24, Florida Statutes, Alachua County, throughout the operation of the motor vehicle inspection station, has collected delinquent fees of ONE DOLLAR ($1.00) when any vehicle was inspected subsequent to the time required by Chapter 325, Florida Statutes, and forwarded the delinquent fees to the Department to be credited against the $0.40 remittance charged to Alachua County by the Department for motor vehicle inspection certificates.

8. Chapter 325.23, Florida Statutes (1980), provided, in part:

   
   

   "The Department shall establish procedures for the control, distribution, sale, refund, and display of certificates and for the accounting for proceeds of their sale, consistent with this part."

   
   

9. Chapter 15-7.09(9), Florida administrative Code (1980), Refund Requests, established procedures of the Department for refunds, and reads as follows:

   
   

   "All requests for refunds on unused certifi- cates must be returned to Florida Highway Patrol Motor Vehicle Inspection Headquarters, Tallahassee, with an MVI-9 (Refund Request) with in 45 days after the end of each inspec- tion period. Certificates that are unusable - mutilated, torn, punched, etc., (not the fault of the printer) - will not be refunded. No refunds will be made after this date. All requests for refunds should be mailed separ- ately. However, all unused certificates will be forwarded to Motor Vehicle Inspection Head- quarters, Tallahassee, with an MVI-9 attached for accounting purposes."

   
   

10. Throughout the operation of the motor vehicle inspection program, Alachua County has received refunds from the Department for the return of unused certificates.

    
    

11. Throughout the operation of the motor vehicle inspection program, Alachua County has treated the deposit of unused delinquent fees maintained by the Department in Alachua County's delinquent fee balance as an asset of the County. This treatment was never objected to in audits performed by the Auditor General of the State of Florida.

    
    

12. Pursuant to Section 325.24, Florida Statutes, and Chapter 15-7, Florida Administrative Code, Alachua County, throughout the operation of the motor vehicle inspection station, ordered inspection certificates from the Department. Alachua County last ordered certificates from the Department in November, 1980. Alachua County, at that time, ordered 77,000 1982 stickers for a total cost of

    $30,800, of which $26,001 was credited to the delinquent inspection fee balance of Alachua County, maintained by the Department, and $4,799 in a check was submitted by Alachua County for the purchase of inspection certificates.

    
    

13. In February, 1980, Alachua County returned One Thousand Twenty Seven (1,027) unused certificates on the appropriate Department form. On March 5, 1980, the Department mailed to Alachua County State Warrant Number 0475637 in the amount of Four Hundred Ten and 80/100 Dollars ($410.80) for a refund on 1,027 unused inspection certificates. A copy of the transmittal letter from the Department is attached hereto as Exhibit "A" and, by this reference, made a part hereof.

    
    

14. On January 13, 1981, Alachua County returned Four Thousand Sixteen (4,016) unused certificates on the appropriate Department form. On February 5, 1981, the Department mailed to Alachua County State Warrant Number 0385423 in the amount of One Thousand Six Hundred Six and 40/100 Dollars ($1,606.40) for a

    refund on 4,016 unused inspection certificates. A copy of the transmittal letter and warrant are attached hereto as Exhibit "B" and by this reference made a part hereof.

    
    

15. On July 24, 1981, Alachua County returned Eleven Thousand Nine Hundred Ninety Seven (11,997) unused certificates on the appropriate Department form. On August 13, 1981, the Department mailed to Alachua County State Warrant Number 0039949 in the amount of Four Thousand Seven Hundred Ninety Eight and 80/100 Dollars ($4,798.80) for a refund on 11,997 unused inspection certificates. A copy of the transmittal letter from the Department and warrant are attached hereto as Exhibit "C" and by this reference made a part hereof.

    
    

16. On September 18, 1981, Alachua County returned Fifteen Thousand Three (15,003) unused certificates on the appropriate Department form. On October 15, 1981, the Department mailed to Alachua County State Warrant Number 0154590 in the amount of Four Thousand Seven Hundred Ninety Nine Dollars ($4,799) for a refund on 15,003 unused certificates. A copy of this transmittal letter and warrant are attached hereto as Exhibit "D" and, by this reference, made a part hereof. By letter dated September 28, 1981, a copy of which is attached hereto as Exhibit "E" and, by this reference, made a part hereof, the Department credited One Thousand Two Hundred and 20/100 Dollars ($1,200.20) to Alachua County's delinquent fee balance. After deposit of State Warrant Number 0154590 by Alachua County, the Office of the Comptroller and/or the Department stopped payment on such warrant, on the grounds that such payment represented a duplicate payment for returned certificates. A copy of the warrant with "Payment Stopped" stamped thereon is attached hereto as Exhibit "F" and, by his reference, made a part hereof.

    
    

17. On October 4, 1981, Alachua County returned Three Thousand Five Hundred Forty One (3,541) unused certificates on the appropriate Department form. By letter dated October 8, 1981, the Department acknowledged receipt of 3,541 certificates and credited One Thousand Four Hundred Sixteen and 40/100 Dollars ($1,416.40) to Alachua County's delinquent fee balance. A copy of such letter is attached hereto as Exhibit "G" and, by this reference, made a part hereof.

    
    

18. In anticipation of the termination of the motor vehicle inspection program, and in accordance with Chapter 15-7, Florida Administrative Code, Alachua County returned to the Department a total of Thirty Thousand Five Hundred Fifty One (30,551) unused 1982 inspection certificates for a refund of Twelve Thousand Two Hundred Twenty and 40/100 Dollars ($12,220.40). The Department and/or the Office of the Comptroller has refunded to Alachua County the sum of Four Thousand Seven Hundred Ninety Eight and 80/100 Dollars ($4,798.80) to date for the return of unused certificates and the remaining Seven Thousand Four Hundred Twenty One and 60/100 Dollars ($7,421.60) requested by Alachua County on the returned certificates has not been refunded. Instead, the Department and/or the Office of the Comptroller has credited this balance to Alachua County's "delinquent fee balance", and refused to refund such balance to Alachua County.

    
    

19. Since Alachua County last ordered certificates in November, 1980, Alachua County has forwarded to the Department checks for delinquent fees totaling Eighteen Thousand Two Hundred Thirty Nine Dollars ($18,239), a copy of such check is attached hereto as Exhibit "H" and, by this reference, made a part hereof. The Department credited such fees to the "delinquent fee balance" of Alachua County, maintained by the Department.

20. Throughout the operation of Alachua County's vehicle inspection program, the Department has maintained a delinquent fee balance for Alachua County, and has treated such balance as cash equivalents for the purchase of inspection certificates by Alachua County.

    
    

21. On September 30, 1981, Alachua County filed a petition with the Department pursuant to Section 120.57, Florida Statutes, and Chapter 28-5, Florida Administrative Code, requesting an accounting of all monies the Department was holding in its delinquent fee account, and asked for a return of the $18,239 Alachua County has forwarded to the Department throughout the year. On October 14, 1981, Alachua County filed a motion requesting formal proceedings, claiming that since the first petition had been filed, disputed issues of material fact had been discovered by Alachua County. On October 20, 1981, the Department entered an order dismissing the petition. From this order Alachua County filed an appeal. In November, 1981, Alachua County filed a petition for formal proceedings before the Department pursuant to Section 120.57, Florida Statutes, and Chapter 28-5, Florida Administrative Code, seeking a refund of the 30,551 certificates Alachua County had returned to the Department. In this petition, Alachua County claimed it was entitled to a refund of $7,421.40, the amount representing the returned certificates that had not been refunded. On December 16, 1981, the Department dismissed Alachua County's petition, claiming that it lacked jurisdiction and that the order of October 20, 1981, was res judicata as to the petition then before it. From this order Alachua County filed a notice of administrative appeal on January 6, 1982. A motion to consolidate appeals of Case No. AG-139 with that of Case No. AH-142, was filed on January 13, 1982, and the motion for consolidation was granted on January 15, 1982. Copies of both orders of the Department are attached hereto marked Exhibit "I" and by this reference made a part hereof.

    
    

22. By opinion filed July 29, 1982, the First District Court of Appeal vacated and remanded the orders of the Department, a copy of such order being attached hereto as Exhibit "J".

    
    

23. On September 28, 1981, Alachua County filed a request for refund with the Office of the Comptroller, pursuant to Chapters 120, 215, and 325, Florida Statutes. By order dated December 15, 1981, the Office of the Comptroller determined that Alachua County was not entitled to a refund or return of the monies in question. A copy of said order is attached hereto as Exhibit "K" and by this reference made a part hereof. Within said order Alachua County was given the opportunity to request formal proceedings within fourteen (14) days after receipt of said order. Said order was received by Alachua County on December 21, 1981.

    
    

24. Alachua County is seeking a refund of Seven Thousand Four Hundred Twenty One and 60/100 Dollars ($7,421.60) for the return of unused 1982 certificates returned to the Department, and Eighteen Thousand Two Hundred Thirty Nine Dollars ($18,239) forwarded to the Department since the last purchase of certificates, totaling Twenty Five Thousand Six Hundred Sixty and 60/100 Dollars ($25,660.60).

    
    

25. According to the records of the Department, the delinquent fee balance of Alachua County maintained by the Department totals Twenty Five Thousand Six Hundred Fifty Six and 60/100 Dollars ($25,656.60). A copy of such record is attached hereto as Exhibit "L", and by this reference made a part hereof. The Department and/or the Comptroller has refused to return this balance to Alachua County.

Respectfully submitted, Respectfully submitted,

OFFICE OF THE COMPTROLLER OFFICE OF ALACHUA COUNTY ATTORNEY

By: By:

WALTER W. WOOD THOMAS D. MacNAMARA

Assistant General Counsel Assistant County Attorney The Capitol, Suite 1302 Post Office Drawer "CC" Tallahassee, Florida 32301 Gainesville, Florida 32602 Attorney for Respondent Attorney for Petitioner

(904) 374-5218

Date: October 18, 1982 Date: October 8, 1982

FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES

By:

MICHAEL J. ALDERMAN

Assistant General Counsel Neil Kirkman Building Tallahassee, Florida 32301 Attorney for Repondent

Date: October 18, 1982

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original Stipulation of Facts, properly executed and dated by all parties, has been duly filed with the Hearing Officer, G. Steven Pfeiffer, Division of Administrative Hearings, 2009 Apalachee Parkway, Tallahassee, Florida, by United States Mail this 19th day of October, 1982.

Marshall Ala Attorney

Docket for Case No: 82-000024

Orders for Case No: 82-000024