Boca Bay DUI Program Inc. Receives Florida Dept. of Highway Safety & Motor Vehicles’ First DUI-Education program license in 17 years

     Boca Bay DUI Program Inc., a Broward County-based company hoping to open a new DUI education program, has prevailed in its formal complaint against the Florida Department of Highway Safety and Motor Vehicles (FDHSMV). On April 9, Florida Administrative Law Judge Mary Li Creasy issued a Recommended Order directing the Department to grant Boca Bay the license to operate the DUI program in Broward County. On April 24, 2014, the Department’s Director entered a Final Order adopting the Recommended Order and granting the license.

     Judge Creasy agreed with Boca Bay’s claims that the Department incorrectly denied its licensure application to open the first new “driving under the influence” program to serve residents of northern Broward and southern Palm Beach counties. Never before had a DUI program challenged the Department’s licensure determination to final hearing, and the Department had not issued a new license to anyone in Florida since 1997.

     “We’re very pleased with the findings and order of the administrative law judge. Boca Bay presented an application and business plan that met the requirements of the statute and the Department’s regulations for issuance of a license, and will greatly enhance the services available to the local population of northern Broward and southern Palm Beach counties,” said William G. Salim, Jr., Boca Bay’s counsel with Moskowitz, Mandell, Salim & Simowitz P.A., in Fort Lauderdale. “Yet, at every turn, the Department of Highway Safety and Motor Vehicles denied the application for licensure with unsubstantiated points and what the judge herself called irrational arguments that seemed to protect an existing monopoly.”

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