STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTORIST SERVICES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTORIST SERVICES, Petitioner, Case No.: MS-13-784 License No.: DH-1016098 v. SILS HOME CENTER, INC., Respondent. / ADMINISTRATIVE COMPLAINT. Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motorist Services, files this Administrative Complaint against Sils Home Center, Inc., Respondent, and alleges: 1. Petitioner is the state agency charged with regulating the business of buying, selling, or dealing in mobile homes or offering or displaying mobile homes for sale, pursuant to section 20.24 and chapter 320, Florida Statutes and Rule 28-106.2015, Florida Administrative Code. 2. Respondent is, and has been at all times material hereto, a licensed mobile home dealer in the State of Florida, having been issued license number DH-1016098, based upon the application identifying Diane M. Zimmerman as President. The address of record is 1023 North Tyndall Parkway, Panama City, Florida 32404. 3. Section 319.23(6)(a), Florida Statutes, provides that in the case of the sale of a mobile home by a licensed dealer to a general purchaser, the dealer, upon application signed by the purchaser, shall file the application for certificate of title within 30 days from the delivery of the mobile home to the purchaser. a “ 4. Sections 319.32 and 320.08, Florida Statutes, provide the amount of license taxes and fees for the operation of mobile homes. 5. Section 320.77(3)(h), Florida Statutes, requires that motor vehicle dealers keep and maintain books, records, and files necessary to conduct such business, which will be available at all reasonable hours to inspection by the department or any of its inspectors or other employees. 6. Section 320.77(8), Florida Statutes, requires that every licensee shall keep a book or record in such form as shall be prescribed or approved by the department, in which the licensee shall keep a record of the purchase, sale or exchange, or receipt for the purpose of sale, of any mobile home, the description of such mobile home together with the name and address of the seller, the purchaser, and the alleged owner or other person from whom such mobile home was purchased or received and to whom it was sold or delivered, as the case may be. 7. Section 319.33, Florida Statutes, states that it is unlawful to make any false statement in any application or affidavit required under the provisions of this chapter or in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any application. COUNT ONE 8. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 9. On or about March 27, 2013, Compliance Examiner Laura Kaiser conducted a records inspection of Respondent dealership. 10. At the time of the inspection referenced in paragraph seven above, Compliance Examiner Kaiser examined the records of six purchases and sales of mobile homes conducted by Respondent. Compliance Examiner Kaiser found that Respondent had failed to file the on a application for certificate of title within 30 days on all six of the six mobile home records inspected as indicated on the Inspection Report. 11. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6)(a), Florida Statutes, by failing to timely file an application for certificate of title to a mobile home. COUNT TWO 12. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and four, above. 13. At the time of the inspection referenced in paragraph nine above, Compliance Examiner Kaiser found that Respondent overcharged consumers for title and registration transfer fees on three of the six mobile home records inspected and did not provide the consumers with a refund of the overcharged fees as indicated on the Inspection Report. 14. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of sections 319.32 and 320.08, Florida Statutes, by overcharging consumers title and registration transfer fees. COUNT THREE 15. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and three, above. 16. Onor about September 15, 2012, James and Kimberly Stewart purchased a 2011 Deer Valley mobile home, VIN DVAL11104350A and DVAL11104350B, from Respondent. 17. On or about September 15, 2012, James Stewart and Kimberly Stewart signed the Bill of Sale for the 2011 Deer Valley mobile home, VIN DVAL11104350A and DVAL11104350B. o o 18. On or about October 22, 2012, the 2011 Deer Valley mobile home, VIN DVAL11104350A and DVAL11104350B was delivered to James and Kimberly Stewart. 19. Respondent failed to file the application for certificate of title by November 21, 2012, or within 30 days of October 22, 2012. 20. On or about April 26, 2013, Respondent filed the application for certificate of title for the 2011 Deer Valley mobile home, VIN DVAL11104350A and DVAL11104350B, which was 156 days after the statutorily required timeframe. 21. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6)(a), Florida Statutes, by failing to timely file an application for certificate of title to a mobile home. COUNT FOUR 22. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and seven, above. 23. As part of the transaction referenced in paragraph 16 above Respondent completed the Application for Certificate of Title With/Without Registration. On that Application Respondent reflected the acquired date as April 9, 2013. 24. The actual acquired date was October 22, 2012. 25. Based on the foregoing Respondent violated section 320.27(9)(b)17, Florida Statutes through a violation of section 319.33(1)(e), Florida Statutes by making a false statement on an application. COUNT FIVE 26. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and three, above. a “ 27. | Onor about September 30, 2012, Susan Cave purchased a 2013 Destiny mobile home, VIN DISH05420GAA and DISH05420GAB, from Respondent. 28. Onor about September 30, 2012, Susan Cave signed the Bill of Sale for the 2013 Destiny mobile home, VIN DISH05420GAA and DISH05420GAB. 29, On or about January 10, 2013, the 2011 Deer Valley mobile home, VIN DVAL11104350A and DVAL11104350B was delivered to Susan Cave. 30. Respondent failed to file the application for certificate of title by February 9, 2013, or within 30 days of January 10, 2013. 31. Onor about May 21, 2013, Respondent filed the application for certificate of title for the 2013 Destiny mobile home, VIN DISH05420GAA and DISH05420GAB, which was 101 days after the statutorily required timeframe. 32. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6)(a), Florida Statutes, by failing to timely file an application for certificate of title to a mobile home. COUNT SIX 33. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and seven, above. 34. As part of the transaction referenced in paragraph 27 above Respondent completed the Application for Certificate of Title With/Without Registration. On that Application Respondent reflected the acquired date as May 13, 2013. 35. The actual acquired date was January 10, 2013. 36. Based on the foregoing Respondent violated section 320.27(9)(b)17, Florida Statutes through a violation of section 319.33(1)(e), Florida Statutes by making a false statement on an application. COUNT SEVEN 37. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and three, above. 38. Onor about February 27, 2006, James French purchased a 2006 Destiny mobile home, VIN DISH02171A and DISH02171B, from Respondent. 39. | Onor about February 27, 2006, James French signed the Bill of Sale for the 2006 Destiny mobile home, VIN DISH02171A and DISH02171B. 40. On or about March 1, 2006, the 2006 Destiny mobile home, VIN DISH02171A and DISH02171B was delivered to James French. 41. Respondent failed to file the application for certificate of title by March 31, 2006, or within 30 days of March 1, 2006. 42. | Onor about March 27, 2012, Respondent filed the application for certificate of title for the 2006 Destiny mobile home, VIN DISH02171A and DISH02171B, which was 2,188 days after the statutorily required timeframe. 43. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6)(a), Florida Statutes, by failing to timely file an application for certificate of title to a mobile home. EXPLANATION OF RIGHTS You have the right to request a hearing to be conducted in accordance with sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoena(s) and subpoena(s) duces tecum issued on your behalf if a hearing is requested. In response to the allegations set forth above, you must make one of the following elections and file your response within 21 days from the date of your receipt of this Administrative Complaint. o ~ Please make your election on the enclosed Election of Rights form and ensure that the Department receives it within 21 days. 1. If you admit the material fact(s) alleged in this Administrative Complaint, you may request a hearing, pursuant to section 120.57(2), Florida Statutes, before the Division of Motorist Services Hearing Officer. At this hearing, you would be given an opportunity to challenge the conclusions of law and/or present written and/or oral evidence in mitigation of any proposed penalty. A request for this type of hearing, in which no material facts are in dispute, should be directed to the Office of the General Counsel by checking the appropriate space, marked as “1” on the Election of Rights form, and ensuring that the Department receives it within 21 days from the date of your receipt of this Administrative Complaint. 2. If you dispute any material fact alleged in this Administrative Complaint, you must present sufficient evidence of your dispute and you may request a hearing, pursuant to section 120.57(1), Florida Statutes, at the Division of Administrative Hearings before an Administrative Law Judge. A request for this type of evidentiary hearing, in which material facts are in dispute, should be directed to the Office of the General Counsel by checking the appropriate space, marked as “2” on the Election of Rights form, specifying the material allegations of fact you are disputing -- a general denial is not sufficient -- and ensuring that the Office of the General Counsel receives it within 21 days from the date of your receipt of this Administrative Complaint. If you elect an evidentiary hearing, you must keep the Division of Motorist Services Legal Office informed of your current mailing address; failure to do so may be considered a waiver of your right to an evidentiary hearing. In the event you fail to file your election in this matter with the Department within 21 days from your receipt of this Administrative Complaint, your failure may be considered a waiver of your right to dispute the alleged facts and the Department may proceed to enter a Final Order based upon the allegations contained in the Administrative Complaint. This document has been served on you by hand delivery, certified mail, or publication. All subsequent documents, orders, notices, or related correspondence will be provided to you by email at the email address you provided to the Department in your license application(s). In the event that no email address was provided in your license application(s), regular US mail will be utilized. If you provided the Department with an email address in your license application(s) you should check your email on a regular basis if an Administrative Complaint or Order of Emergency Suspension has been filed and served on you. Pursuant to section 120.573, Florida Statutes, mediation is not available for this proceeding. WHEREFORE, the Department hereby gives notice of its intent to enter an Order imposing one or more of the following penalties: revocation or suspension of Respondent's license, imposition of an administrative fine, and/or any other relief deemed appropriate. DER:jde Copies furnished: Donald Shirilla Regional Administrator Dealer Licensing By certified mail to: Diane M. Zimmerman, President Sils Home Center, Inc. Post Office Box 36014 Panama City, Florida 32412 Mma 8, Reap Damaris E. Reynolds Assistant General Counsel Florida Bar # 37176 Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room A430 Tallahassee, Florida 32399 Telephone: (850) 617-3006 Filed in the official records of the Division of Motorist Services this 3 day of August, 2013.

Docket for Case No: 13-004141

Orders for Case No: 13-004141