~ fe $s Op. a fs STATE OF FLORIDA Yhp Ip dD DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES |. op DIVISION OF MOTOR VEHICLES AL, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, Case No.: DMV-02-791 License No.: VI-28215 v. MAYS AUTO SALES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Mays Auto Sales, Respondent, and alleges: 1. Petitioner is the state agency charged with regulating the business of buying, selling, or dealing in motor vehicles or offering or displaying motor vehicles for sale, pursuant to section 20.24 and chapter 320, Florida Statutes and Rules 15-2.001 and 28-107.004, Florida Administrative Code. 2. Respondent .is, and has been at all times material hereto, a licensed independent motor vehicle dealer in the State of Florida, having been issued license number VI-28215, based upon the application signed by Charlie S. May, Jr., as Sole Owner. The address of record is 2124 Main Street, Cypress, Florida 32432. COUNT ONE 3. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 4. In or around 1995, Renee A. Keely purchased a Chevrolet with VIN plate IGLEP22S482108695, identifying it as a 1995 model, from Respondent. 5. On or about November 21, 2002, Renee A. Keely attempted to trade the 1995 Chevrolet, VIN 2G1FP22S482108695, to Trading Post Used Cars. This dealership was unable to receive financing for this vehicle and contacted the Panama City Division of Motor Vehicles for assistance. 6. On or about November 25, 2002, Compliance Examiner Glenn Young examined the door of the 1995 Chevrolet and located the federal sticker that bore VIN 2G1EP22P5P2107400, identifying the motor vehicle as a 1993 Chevrolet. The VIN plate on the 1993 Chevrolet had been removed and replaced with one from a 1995 Chevrolet. 7. At the time Ms. Keely purchased the Chevrolet from Respondent, the title for the 1995 Chevrolet VIN 2G1FP22$4S2108695 was clear, in that the vehicle could be sold to be driven as a motor vehicle. 8. At the time Ms. Keely purchased the Chevrolet from Respondent, the title for the 1993 Chevrolet VIN 2G1FP22S8482108695, indicated that it was a salvage vehicle, titled to State Farm Insurance Company and could not be sold to be driven as a motor vehicle, 9. Section 319.33(1)(d), Florida Statutes states that it is unlawful to possess, sell or offer for sale, conceal, or dispose of in this state a motor vehicle or mobile home, or major component part thereof, on which any motor number or vehicle identification number that has been affixed by the manufacturer or by a state agency, such as the Department of Highway Safety and Motor Vehicles, which regulates motor vehicles has been destroyed, removed, covered, altered, or defaced, with knowledge of such destruction, removal, covering, alteration, or defacement. 10. Section 319.33(6), Florida Statutes provides that a violation of section 319.33(1)(d). Florida Statutes is a third degree felony. Il. Based on the foregoing, Respondent violated sections 320.27(9)(b)13 and 17, Florida Statutes, through a violation of section 319.33(1)(d), Florida Statutes, by selling a motor vehicle on which the vehicle identification number had been removed or altered. COUNT TWO 12. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and nine, above. 13. | Onor about December 11, 2002, Compliance Examiner Glenn Young assisted Florida Highway Patrol (FHP) investigators in checking VIN numbers in Respondent's salvage yard. 14. Compliance Examiner Young and FHP investigators found a 1989 Ford Van vehicle identification number plate (VIN 1FMCA11U6KZA36325) had been switched with a 1993 Ford Van vehicle identification number plate (VIN 1FMDA31XXPZB15430). 15. On or about December 11, 2002, the 1989 Ford Van with VIN 1FMCA11U6KZA36325 had a clear title, in that the vehicle could be sold to be driven as a motor vehicle. 16. On or about December 11, 2002, the Ford Van with VIN 1FMDA31XXPZB15430 had been issued a Certificate of Destruction title, and could not be sold to be driven as a motor vehicle. 17. On or about December 11, 2002, Charlie S. May, Jr. admitted to FHP investigators that he had removed and exchanged the vehicle identification number plates on the motor vehicles referenced in paragraphs fourteen through sixteen (14-16), above. 18. Section 319.30(5)(b), Florida Statutes provides: It is unlawful for any person to knowingly possess, sell, or exchange, offer to sell or exchange, or give away any manufacturer’s or state-assigned identification number plate or serial plate of any motor vehicle or mobile home that has been removed from the motor vehicle or mobile home for which it was manufactured, and it is unlawful for any person to authorize, direct, aid in, or consent to the possession, sale, or exchange or to offer to sell, exchange, or give away such manufacturer’s or state-assigned identification number plate or seria] plate. 19. Section 319.30(9), Florida Statutes provides that a violation of section 319.30(5)(b), Florida Statutes is a third degree felony. 20. Based on the foregoing, Respondent violated section 320.27(9)(b)13 and 17, Florida Statutes, through a violation of section 319.30(5)(b), Florida Statutes, by removing and replacing motor vehicle identification number plates. 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 and subpoena 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 twenty-one (21) days from the date of your receipt of this Administrative Complaint. Please make your election on the enclosed Election of Rights form and ensure the Department receives it within 21 days. 1. If you admit the material fact(s) alleged in the Administrative Complaint, you may request a hearing, pursuant to section 120.57(2), Florida Statutes, before the Division of Motor Vehicles Hearing Officer. At this hearing, you would be given an opportunity to challenge the conclusions of law and/or present either 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 Department by checking the appropriate space, marked as “1” on the Election of Rights form, within twenty-one (21) days from the date of receipt of the Administrative Complaint. 2. If you dispute any material fact alleged in the 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 Department by checking the appropriate space, marked as “2” on the Election of Rights form, within twenty-one (21) days from the date of receipt of the Administrative Complaint. If you elect an evidentiary hearing, you must keep the Department informed of your current mailing address; failure to do so may be considered a waiver of your right to an evidentiary hearing. 3. If you wish to settle this matter now, indicate by checking the appropriate space, marked as “3” on the Election of Rights form and return the form, along with the signed Voluntary Relinquishment of License within twenty-one (21) days from the date of receipt of the Administrative Complaint. In the event you fail to make an election in this matter within twenty-one (21) days from receipt of the 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. 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 and administrative fine, and/or any other relief deemed appropriate. Carl A. Ford, Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-0600 File in the official records of the Division of Motor Vehicles this /Z7?/day of January, 2003. CAF: gmw Copies furnished: Ken Boles Regional Administrator Dealer License Section By certified mail to: Chariie S. May, Jr. Mays Auto Sales 2124 Main Street Cypress, Florida 32432 Charlie S. May, Jr Mays Auto Sales 2126 Main Street Cypress, Florida 32432 Charlie S. May, Jr. Mays Auto Sales Post Office Box 9 Cypress, Florida 32432 g:dir\hearingofficer\2002\maysautosales, \ac

Docket for Case No: 03-000579