STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GARY SCHULTER, and THE )

FLORIDA ASSOCIATION OF )

STATE TROOPERS, INC., )

)

Petitioners, )

) Case No. 97-1965F

vs. ) Case No. 98-1098FC

) DEPARTMENT OF HIGHWAY SAFETY ) AND MOTOR VEHICLES, )

)

Respondent. )

)

FINAL ORDER

Pursuant to the Amended Joint Motion And Stipulation As To Attorneys’ Fees, filed by the parties on March 27, 1998, a copy of which is attached hereto as Exhibit A and incorporated by this reference herein, the parties have agreed that Respondent shall pay Petitioners' attorney the sum of $25,441.97 in full settlement of these matters.

Accordingly, in recognition of the settlement of the parties, further proceedings in these cases are dismissed. Section 120.57(4), Florida Statutes.

DONE AND ORDERED this 30th day of March, 1998, in Tallahassee, Leon County, Florida.

DON W. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9645

Fax Filing (850) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 30th day of March, 1998.

COPIES FURNISHED:

Judson M. Chapman, Esquire Department of Highway Safety

and Motor Vehicles Neil Kirkman Building

Tallahassee, Florida 32399-0504

Jerry G. Traynham, Esquire Patterson and Traynham Post Office Box 4289

Tallahassee, Florida 32315-4289

Charles J. Brantley, Director Department of Highway Safety

and Motor Vehicles

Neil Kirkman Building, Room B439 Tallahassee, Florida 32399-0500

Enoch Jon Whitney, Esquire Department of Highway Safety

and Motor Vehicles Neil Kirkman Building

Tallahassee, Florida 32399-0500

NOTICE OF RIGHT TO APPEAL

A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of the notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a second copy, accompanied by filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Appellate District where the party resides. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.

Exhibit A

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GARY SCHULTER, and THE FLORIDA ASSOCIATION OF STATE TROOPERS, INC.,

Petitioners,

Case No. 96-4326RU

vs. Case No. 98-1098FC

DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES,

Respondent.

/

AMENDED JOINT MOTION AND STIPULATION AS TO ATTORNEY'S FEES

Petitioner and Respondent, through their undersigned counsel, jointly move and stipulate for entry of an order regarding petitioner's attorneys fees and costs, as follows:

1. By Order of the First District Court of Appeal, Case No. 97-007730, entered during the Department's appeal of the Final Order of February 12, 1997 in this case, Petitioner was awarded reasonable attorney's fee and the cause remanded to Division of Administrative Hearings (DOAH) for determination of entry of a reasonable amount. Previously, the parties had filed a Joint Motion and Stipulation agreeing to fees and costs incurred by Petitioner before DOAH, which was contingent on affirmance of the Final Order in this case, and was approved in an Order of Abeyance entered July 16, 1997. On December 31, 1997, the First

   District Court of Appeal entered an opinion affirming in part, reversing in part and remanding the case back to DOAH.

2. The parties have amicable resolved the issue of fees and costs incurred by Petitioner before DOAH and on appeal, by Respondent agreeing to pay to Petitioner's attorneys the sum of

$25,441.97 representing attorneys fees and cost incurred it the challenge to umpromulgated rules, DOAH Case No. 96-4326RU, including attorneys fees and costs incurred in defending the appeal of that Final Order before the First District Court of Appeal, Case No. 97-00730. Upon entry of an order approving this motion and stipulation, the Department will request a warrant for the agreed amount payable to Jerry G. Traynham of Patterson & Traynham, attorneys for Petitioners.

Accordingly, in recognition of the settlement of the parties, further proceedings in these cases are dismissed. Section 120.57(4), Florida Statutes.

Wherefore, the parties request entry of an order approving this motion and stipulation.

3/16/98 3/25/98

Jerry G. Traynham, Esquire Judson M. Chapman, Esquire Patterson and Traynham Assistant General Counsel

Post Office Box 4289 Department of Highway Safety Tallahassee, Florida 32315-4289 And Motor Vehicles

Neil Kirkman Building Tallahassee, Florida 32399-0504

Docket for Case No: 97-001965F

Orders for Case No: 97-001965F