The Issue Whether Appellant on February 6 and 7, 1977, violated Department of Highway Safety & Motor Vehicles Personnel Rules and Regulations 2.1C and Florida Highway Patrol General Order 19, paragraph 11, as specifically alleged in the disciplinary letter of March 14, 1977. Whether the Appellee's suspension of Appellant should be sustained.
Findings Of Fact Appellant Jerry Shores is employed by the Appellee Department of Highway Safety and Motor Vehicles, Florida Highway Patrol, in Troop B, Orange County, Florida, with the rank of Trooper. He was so employed on December 26, 1976, and on February 6 and 7, 1977. A letter dated March 14, 1977, sent by Certified Mail with Return Receipt Requested was mailed to Appellant Shores notifying him that he was being suspended for sixteen (16) hours without pay based on the violation which is the subject of this hearing. The letter was signed by J.E. Beach, Colonel, Director, Florida Highway Patrol and was approved by Ralph Davis, Executive Director of the Department of Highway Safety and Motor Vehicles. The Appellant Shores appealed this suspension. 3 Documentary evidence and testimony of the witnesses for the Appellee established that on February 6, 1977, during his regular patrol duty hours, Trooper Shores stopped at a "Seven-Eleven" store at 8:30 a.m. without checking in and out of his station by radio then proceeded to his home at 8:40 a.m. where he stopped and went inside without checking out, then left his home at 9:00 a.m. without checking back in by radio, and at 9:30 a.m. stopped at a plant nursery without checking out by radio. At 9:50 a.m. Trooper Shores, while at the nursery, received a call to investigate and assist a disabled vehicle. Trooper Shores did not leave the nursery to attend to the disabled vehicle and while still at the nursery the Patrol Station called him at 10:15 a.m. advising him to work an accident. Trooper Shores then radioed that the reason that he did not get to the disabled vehicle was that he was busy with another disabled vehicle. On Tuesday, February 8, 1977, the Patrol Station called Trooper Shores on the radio during his regular patrol duty hours at 3:50 p.m. The station did not make radio contact although several attempts were made until 4:20 p.m. when Trooper Shores advised he was out of the patrol car. On December 26, 1976, Trooper Shores received a written reprimand from Sergeant J. C. Rique because he was out of his patrol car at the Hilton Inn on West State Road 50 without either checking out by radio or by telephone. Trooper Shores had depended upon another person to check him out.
Recommendation Sustain the penalty of sixteen (16) hours without pay. DONE AND ORDERED in Tallahassee, Leon County, Florida, this 29th day of June, 1977. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32301 (904) 488-9675 COPIES FURNISHED: Enoch J. Whitney, Esq. Department of Highway Safety & Motor Vehicles Neil Kirkman Building Tallahassee, Florida 32304 Jerry Shores Route 2, Box 526-C Apopka, Florida 32702
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by William F. Quattlebaum, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner’s Letter of Dismissal, a copy of which is attached, and incorporated by reference, in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED and ADJUDGED that Respondent, Larkin Motorworks, LLC d/b/a St. Pete Scooter, be granted a license to sell motorcycles manufactured by Guangdong Qingxin Liantong Industry Co. Ltd. (QNGX) at 3029 Dr. Martin Luther King Jr. Street North, St. Petersburg Filed November 28, 2012 4:25 PM Division of Administrative Hearings (Pinellas County), Florida 33704, upon compliance with all applicable requirements of Section 320.27, Florida Statutes, and all applicable Department rules. DONE AND ORDERED this Aq day of November, 2012, in Tallahassee, Leon County, Florida. Bur€éau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motorist Services this a! I day of November, 2012. NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. JBijc Copies furnished: Ronald Larkin Larkin Motorworks, LLC 3029 Dr. Martin Luther King Jr. Street North St. Petersburg, Florida 33704 Brett Moorer Parallel Intelligent Transportation, Inc. 6950 Central Highway Pennsauken, New Jersey 08109 Peter M. Spoto Worldwide Scooters, Inc. 457 Highland Avenue Dunedin, Florida 34698 William F. Quattlebaum Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399 Nalini Vinayak Dealer License Administrator
The Issue Whether Respondent committed the offense set forth in the Administrative Complaint and, if so, what disciplinary action should be taken.
Findings Of Fact Respondent Kenneth Burns (Respondent) is a certified correctional officer in the State of Florida. On or about November 26, 2000, Highway Patrol Trooper Brannon Snead saw a Camaro, with its emergency flashers on, parked on Highway 90 in the vicinity of State Road 10. Trooper Snead stopped to see if he could help and observed two white males hitting the passenger of a black Ford Mustang that was also parked alongside the road. Trooper Snead intervened and eventually arrested Respondent and charged him with criminal mischief, burglary of an automobile, and battery. Trooper Snead identified his arrest report which was received in evidence as Petitioner's Exhibit A. Trooper Snead observed Respondent strike the driver of the Mustang twice. Trooper Snead observed that Respondent was under the influence of intoxicants and was impaired. After arresting Respondent, Trooper Snead transported him to the Leon County Jail. Trooper Snead observed Respondent's demeanor. Respondent was argumentative, combative, and uncooperative. Trooper Snead had to warn Respondent several times about his behavior. Respondent spit all over the back of Trooper Snead's patrol car. Detective Patricia Iadanza testified that she was delivering two criminals to the jail on November 26, 2000. She observed Trooper Snead with two persons who were in handcuffs in the booking area. One was quiet. The other person, who she later learned was Respondent, was loud and obnoxious. She found it necessary to tell Respondent to sit down and be quiet. Respondent was loud and rowdy and indicated he was a certified officer. Detective Iadanza reported she warned Respondent that his conduct would get him in serious trouble in the Leon County Sheriff's Department and he needed to straighten out. He did not stop his loud and rowdy behavior. Subsequently, she wrote a report regarding Respondent's behavior after he made a complaint about Trooper Snead. According to Petitioner's late-filed exhibit, Respondent entered a plea of nolo contendere to a charge of trespass of a vehicle, battery, and criminal mischief. He was placed on probation for one year.
Recommendation Based on the forgoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Respondent be found guilty of failure to maintain good moral character as required by Section 943.13(7), Florida Statutes, and that Respondent's certification be suspended for 24 months. DONE AND ENTERED this 20th day of February, 2002, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 20th day of February, 2002. COPIES FURNISHED: Kenneth Burns 1727 Dewey McGuire Road Perry, Florida 32348-8087 Linton B. Eason, Esquire Florida Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302 William G. Bankhead, Secretary Florida Department of Law Enforcement Knight Building 2737 Centerview Drive Tallahassee, Florida 32399-3100 Robert N. Sechen, General Counsel Florida Department of Law Enforcement Knight Building 2737 Centerview Drive Tallahassee, Florida 32399-3100
Conclusions This matter came before the Department for entry of a Final Order upon submission of an Order Closing File and Relinquishing Jurisdiction by Thomas P. Crapps, Administrative Law Judge of the Division of Administrative Hearings, pursuant to Petitioner’s Notice Of Dismissal, a copy of which is attached and incorporated by reference in this order. The Department hereby adopts the Order Closing File and Relinquishing Jurisdiction as its Final Order in this matter. Accordingly, it is hereby ORDERED that this case is CLOSED. Filed May 29, 2013 9:27 AM Division of Administrative Hearings DONE AND ORDERED this Ay day of May, 2013, in Tallahassee, Leon County, Florida. Bureau of Issuance Oversight Division of Motorist Services Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A338 Tallahassee, Florida 32399 Filed with the Clerk of the Division of Motorist Services this QQ day of May, 2013. tes Vorecvcte Nalini Vinayak, Dealer Ficense AE NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. JB/jdc Copies furnished: A. Edward Quinton, III, Esquire Adams, Quinton and Paretti, P.A. Brickell Bayview Center 80 Southwest 8" Street, Suite 2150 Miami, Florida 33130 equinton@adamsquinton.com John C. deMoulpied, Esquire Barack, Ferrazzano, Kirschbau, Perlman & Nagelberg LLP 200 West Madison Street Chicago, Illinois 60606 john.demoulpied@pbfkn.com James R. Vogler, Esquire Barack, Ferrazzano, Kirschbau, Perlman & Nagelberg LLP 200 West Madison Street Chicago, Illinois 60606 Jim.vogler@bfkn.com Thomas P. Crapps Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Nalini Vinayak Dealer License Administrator STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS LOKEY OLDSMOBILE, INC. d/b/a LOKEY VOLKSWAGEN, Petitioner, Case No.: 13-0007 vs. VOLKSWAGEN OF AMERICA, INC., Respondent. / NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE COMES NOW Petitioner, LOKEY OLDSMOBILE, INC. d/b/a LOKEY VOLKSWAGEN, by and through its undersigned counsel and hereby files this Notice of Voluntary Dismissal with Prejudice regarding its pending Petition Protesting Charge-back of Incentive Payments, pursuant to settlement of this matter. I HEREBY CERTIFY that a true and correct copy of the foregoing was served on the parties as reflected on the attached Service List, this 13" day of May, 2013. s/ A, Edward Quinton, III (Florida Bar No. 464074) ADAMS, QUINTON & PARETTI, P.A. Attorneys for Petitioner 80 SW 8™ Street, Suite 2150 Miami, Florida 33130 PH: (305) 358-2727 Email: equinton@adamsquinton.com Filed May 13, 2013 3:24 PM Division of Administrative Hearings SERVICE LIST Jennifer Clark Office of the Hearing Officer Florida Highway Safety & Motor Vehicles Neil Kirkman Bldg. - Room A-308 Tallahassee, Florida 32399-0635 jenniferclark@flhsmv.gov James R. Vogler, Esquire John C. deMoulpied, Esquire Barack Ferrazzano Kirschbaum & Nagelberg LLP 200 West Madison Street, Suite 3900 Chicago, IL 60606 jim.vogler@bfkn.com john.demoulpied@bfkn.com STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS LOKEY OLDSMOBILE, INC., d/b/a LOKEY VOLKSWAGEN, Petitioner, vs. Case No. 13-0007 VOLKSWAGEN OF AMERICA, INC., Respondent. ~~~ rere rere re rere rr ORDER CLOSING FILE AND RELINQUISHING JURISDICTION This cause having come before the undersigned on Petitioner’s Notice of Voluntary Dismissal with Prejudice, filed May 13, 2013, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing scheduled for June 18 through 21, 2013, is canceled. 2. The file of the Division of Administrative Hearings is closed. Jurisdiction is relinquished to the Department of Highway Safety and Motor Vehicles. DONE AND ORDERED this 21st day of May, 2013, in Tallahassee, Leon County, Florida. va bay THOMAS P. CRAPPS Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 21st day of May, 2013. COPIES FURNISHED: Jennifer Clark, Agency Clerk Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A-430 2900 Apalachee Parkway, Mail Stop 61 Tallahassee, Florida 32399 A. Edward Quinton, III, Esquire Adams, Quinton and Paretti, P.A. Brickell Bayview Center 80 Southwest 8th Street, Suite 2150 Miami, Florida 33130 equinton@adamsquinton.com John C. deMoulpied, Esquire Barack, Ferrazzano, Kirschbaum, and Nagelberg LLP 200 West Madison Street Chicago, Illinois 60606 john.demoulpied@bfkn.com James R. Vogler, Esquire Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg, LLP Suite 3900 200 West Madison Street Chicago, Illinois 60606 jim.vogler@bfkn.com
Conclusions This matter came before the Department for entry of a Final Order pursuant to an order closing the file at the Division of Administrative Hearings. The record reflects that the parties have settled their dispute and entered into a Settlement Agreement. Having reviewed the stipulation and being otherwise fully advised in the premises, it is therefore ORDERED AND ADJUDGED that: The Settlement Agreement entered into between the parties dated January 14, 2010, a copy of which is attached, is approved and incorporated into this Final Order. The parties are directed to comply with its terms, DONE AND ORDERED this 5 day of February, 2010, in Tallahassee, Leon County, Florida. yf) SANDRA C. LAMBERT, Director Division of Driver Licenses Department of Highway Safety and Motor Vehicles Neil Kirkman Building 2900 Apalachee Parkway Tallahassee, Florida 32399 Filed with the Clerk of the Division of Driver Licenses this 4442 day of February, 2010. + NOTICE OF APPEAL RIGHTS Judicial review of this order may be had pursuant to section 120.68, Florida Statutes, in the District Court of Appeal for the First District, State of Florida, or in any other district court of appeal of this state in an appellate district where a party resides. In order to initiate such review, one copy of the notice of appeal must be filed with the Department and the other copy of the notice of appeal, together with the filing fee, must be filed with the court within thirty days of the filing date of this order as set out above, pursuant to Rules of Appellate Procedure. Copies furnished: Judson M. Chapman, Esquire Senior Assistant General Counsel Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Rm. A-432 2900 Apalachee Parkway Tallahassee, Florida 32399-0504 Frederick C. Morello, Esquire 111 North Frederick Ave., 2" Floor Daytona Beach, Florida 32114 James H. Peterson, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060
The Issue Whether the Appellee's suspension of Appellant was in compliance with Chapter 110, Florida Statutes, and Chapter 22A-7.10F and G(2), Florida Administrative Code. Whether the Appellee's suspension of Appellant should be sustained.
Findings Of Fact C. W. Mathis was on January 22, 1977, a state trooper, employed by Appellee, Department of Highway Safety and Motor Vehicles, Florida Highway Patrol, in Orlando, Florida. By letter dated February 22, 1977, Trooper Mathis, the Appellant, was notified that he was being suspended for eight (8) hours without pay by the Appellee, Department of Highway Safety and Motor Vehicles, Florida Highway Patrol for: "Leaving the workstation without authori- zation and negligence, in violation of Department of Highway Safety and Motor Vehicles Personnel Rules and Regulations 2.lC, willful violation of statutory authority, rules, regulations or policies, and General Order 43, l.A.(4), pages 43-2 and 43-4, Florida Highway Patrol Manual." Trooper Mathis appealed this suspension which is the subject of the bearing. The Division of Administrative Hearings, Department of Administration, has jurisdiction of the cause. On January 22, 1977, Trooper Mathis was on State Road 400, out of his assigned authority, and running radar at approximately 8:50 A.M. He pursued and stopped a car which was clocked at speeding 75 miles per hour. Trooper Mathis asked the driver for a drivers license and when the driver stated he had none, Trooper Mathis told him to get out of the vehicle and asked the driver's name and proof of ownership of the vehicle. The driver indicated that his information was in the glove compartment and both Trooper Mathis and the driver obtained an instrument from the glove compartment of the driver's automobile. In the stopped vehicle was a white male passenger. Trooper Mathis returned to the patrol car and had the driver sit in the right front seat of the patrol car. Mathis then left the left front seat of the patrol car to obtain the vehicle identification number from the automobile and returned to the patrol car where the driver or violator was sitting. Mathis then called the radio dispatcher for a "check for wanted" personal (10-29). Trooper Mathis was looking down and when he looked up the automobile he had stopped was gone, driven obviously by the passenger who was left seated in the stopped vehicle. The driver of the automobile seated in the patrol car with Trooper Mathis told Trooper Mathis that he didn't see his car leave and that he had picked up the white male passenger hitchhiking on State Road 400 at the Turnpike. Trooper Mathis then proceeded west on State Road 400 in hopes of finding the car. He also called the station and asked radio operator Roundtree to copy a vehicle identification number without asking for a "check for wanted" 10-29. Radio operator Roundtree ran the first vehicle identification number (1Y27D 57106363) given by Trooper Mathis and it came back nothing on file. (The second vehicle identification number (1Y27D5T1O6367) later came back registered to the following: Eva Kuhn, 25 North Westview Avenue, Feasterville, Pennsylvania, on a 1975 Chevrolet, license number A02326.) Radio operator Roundtree then ran the tag number for 10-29 thinking that both vehicle identification numbers he had run were negative for wanted. The tag came back negative. After a search of the area and not locating the vehicle Trooper Mathis asked to meet with a deputy sheriff. The meeting with the deputy was for his passenger to make a "stolen car" report. When the violator finished his report with the deputy he advised Trooper Mathis that he had relatives visiting at Disney World and would like to be dropped off there. Trooper Mathis then brought him to Disney World and left him there. It was later found that the driver-violator had stolen the vehicle. Appellee, Department of Highway Safety and Motor Vehicles, contends: Trooper Mathis was negligent and should be Punished for (1) failing to ask for a proper 10-29 ("check for wanted") on the vehicle identification number; (2) failing to keep the stopped vehicle under surveilance so that the passenger was able to drive it away unnoticed; (3) failing to require identification from the violator-driver before believing the violator's story. Appellant, C. W. Mathis, contends: (l) that under the circumstances it was excuseable that he failed to immediately ask for a proper 10-29 "check for wanted"; (2) that the traffic was very heavy and he was obliged to go very fast if he were to properly find the violator and do the job for which he was paid; (3) that the radio operator was inexperienced and should have made the proper calls which would have notified Trooper. Mathis that the driver-violator was not the owner of the stopped vehicle.
Recommendation Dismiss appeal; the suspension was for just cause. DONE and ORDERED this 4th day of August, 1977, in Tallahassee, Florida. DELPHENE C. STRICKLAND Hearing Officer Division of Administrative Hearings The Carlton Building, Room 530 Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 4th day of August, 1977. COPIES FURNISHED: Mrs. Dorothy Roberts Appeals Coordinator Department of Administration Room 530, Carlton Building Tallahassee, Florida 32304 C. W. Mathis 1409 Lukay Street Ocoee, Florida 32761 Enoch J. Whitney, Esquire Department of Highway Safety and Motor Vehicles Neil Kirkmam Building Tallahassee, Florida 32304
