ew ae STATE OF FLORIDA PILE D DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES C0 JUN | 7 DIVISION OF MOTOR VEHICLES W12 PH [th CASE NO, DMV-00-387 DIVISION OF ADMIN STRAL WE ; DEPARTMENT OF HIGHWAY SAFETY ‘AND MOTOR VEHICLES, DIVISION - OF MOTOR VEHICLES, 00 ZY 3 G Petitioner, vs. License No.: VI-018437 : UNLIMITED AUTOS, INC. "3330 N. Courtney Parkway Merritt Island, Florida 94980, Respondent. : a ADMINISTRATIVE COMPLAINT The Department of Highway Safety and Motor Vehicles, p pursuant to Rules 15-2.001 and 28-107.004, Florida Administative Code, and Sections 120.60, and 320.27, Florida Statutes, notifies the Respondent that, unless an administrative proceeding i is timely requested as s stated below, the Deparment w will fine, * Suspend or revoke Respondent's s independent motor vehicle dealer license. - «I ‘SPECIFIC FACTS ni issuing this Adminisative Complain, the Department relies on the following 1. Respondent, Unlimited Autos, Inc., holds an independent motor vehicle dealer license, number VI-018437, issued by the department pursuant to section 320.27, F lorida | votes Mink ad Lt ahha pmg a, 1999. The auction requested return of the vehicle but R ~ Respondent's dealershi i~ | iv _ Statutes. The address of the license is 3330 North h Courtney Parkway, Merritt Island, Florida “94980. . 2. On April is, 1999, Respondent purchased a 1991 Lincoln, VIN ILNCM9740MY609042, from the West Palm Beach Auto Auction. At the time of the sale, the ‘auction conditions indicated that the title would not be Present for 30 days. “Upon receiving a “cast fo for a assistance, an n investigation. was initiated to ; determine if Respondent. had applied for a duplicate title while awaiting the original title to be delivered by the auction, In fact, tecords of Petitioner reflect that during this period, Respondent applied fora towing and storage title. In order to discuss this issue, the President of Respondent, Allen Comrie was requested to attend a amecting, but did not attend. Subsequently, a Tefund check for the purchase ‘price of $965.0 00 was issued to Respondent by the a auto 0 auction and was s cashed on 1 August 12, ondent did not return the vehicle and ‘later sold it. The records of Petitioner on this transaction indicate that the towing sheet revealed a Clarence Riley at C&R, with an address i in Orlando requested the vehicle be towed to F urther investigation determined that such a business does not exist at such an address in , Orlando. Certified letters, as required by the towing and storage procedure, were mailed to the previous owner and the previous owner's lienholder in Ohio. Respondent informed them it already b hada “auplicate” title and did not need d the original title. As of the middle of April 2000, the auction agreed to accept a lower p payment from Respondent _ for payment of te Vehicle, but took a loss of $200. 00. ewe I : "STATUTES AND RULES VIOLATED ‘The above facts co stitute violations of the following statutes and rules administered by the department: L Section 3 19. 33( De), F lorida Statutes — title fraud by providing false application for certificate of title. of the state having t to do with h dealing in 1 motor vehicles by violating th the provisions of Chapter 713. 780).¢ on obtaining titles for the | towing and storage of vehicles, ; 3. Section 320. 02770), Florida Statutes — perpetation of a fraud upon any person asa result of dealing in 1 motor vehicles, . 4. Section 320. 21030 Florida Statutes — misrepresentation or false : statements with regard to the sale of a vehicle. “It cd TRATIVE PROCEEDING Respondent has the right to request an administrative proceeding to be conducted in accordance with Sections 120.569, 120. ST 7 and 120. 60, Florida Statutes, to be represented by ~ coutisel or other sulted representative, to take etetimony, to call and cross-examine witnesses proceeding i is received i in writing at the address listed below on or before the twenty- ~first (21st) day following the s service of f this complaint, this complain will be deemed amited by default * and such dealer will have it its license fined, suspended or revoked according to the allegations 2... Section 320. 2710), F lovda Statutes — willful Violation of any other law PR rr nor ye u stated above. Request f for an administrative proceeding shall bes sent by certified mail to the Department at: Mr. William T. Joyce, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman | Building, Room B439, MS 60 Tallahassee, ‘Florida 32399 The request shall include: service. proceeding. May, 2000. proceeding. WTJ:jc — od. The name and address of the party making the request, for the purpose of ae 2. A statement that the party is requesting either a formal or informal 3. A reference to this Administrative Complaint, dated this [LS day of Pursuant to Section 120.573, Florida Statutes, mediation is not available for this o ion of ) Motor Vehicles “Department of Highway Safety and ~ Motor Vehicles Neil Kirkman Building, Room B439 - Tallahassee, Florida 32399 Filed in the official records of the - _ Division of Motor Vehicles "this ASday of May, 2000. OTe RNR FE NRE SRR Rp rm oe eB ee A. "Unlimited Autos, ‘Ine. Copies furnished: Patricia Giumarra Regional Administrator Ruth Umberger Assistant Bureau Chief Dealer License Section By certified mail to: Unlimited Autos, Inc. 3330 North Courtney Parkway Merritt Island, Florida 94980 _— 2755 North Banana River Drive, #7 _ Merritt Island, Florida 32953 “Unlimited Autos, Inc. ; - 1041 Bernice Road Rockledge, Florida 32955 C:ennifer/legal/complaints/Unlimited 7

Docket for Case No: 00-002436