STATE OF FLORIDA ry in PD DEPARTMENT OF HIGHWAY SAFETY AND MOTOR vein r I p DIVISION OF MOTOR VEHICLES i DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES. . . O% 1735 Petitioner, Case No.: DMV-03-786 License No.: VJ-28325 v. VIKING COACHWORKS OF ORLANDO, INC., Respondent. / ADMINISTRATIVE COMPLAINT a ERATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Viking Coachworks of Orlando, Inc., 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-28325, based upon the application signed by Murray A. Wolkove, as President. The address of record is 2300 Old Lake Mary Road, Sanford, Florida 32771. COUNT ONE 3. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 4. Section 319.23(6), Florida Statutes provides that in the case of the sale of a motor vehicle by a licensed dealer to a general purchaser, the dealer, upon application signed by the purchaser, shail file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. 5. On or about May 22, 2002, P. Elena Geldkop purchased a 2002 Town Car EXE, VIN 1L1FM81W82Y603232, from Respondent. Ms. Geldkop paid the purchase price in full. 6. On or about May 24, 2002, Ms. Geldkop acquired the 2002 Town Car EXE, VIN 1LIFM81W82Y603232. 7. Respondent failed to file the application for certificate of title by June 23, 2002, or within 30 days of May 24, 2002, 8. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 3 19.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a mobile home. COUNT TWO 9. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, four, five and six, above 10. = Onor about May 22, 2002, P. Elena Geldkop purchased a 2002 Town Car EXE, VIN 1L1FM81W02Y645510, from Respondent. Ms. Geldkop paid the purchase price in full, Il. On or about June 21, 2002, Ms. Geldkop acquired the 2002 Town Car EXE, VIN IL1FM81W02Y645510. 12. Respondent failed to file the application for certificate of title by July 21, 2002, or within 30 days of June 21, 2002. 13. Based on the foregoing, Respondent violated section 320.27( 9\(b)6, Florida Statutes, through a violation of section 3 19.23(6), 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 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. Ifyou 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 Divis ion 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 and ensuring 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 Department by checking the appropriate space, marked as “2” on the Election of Rights form, and ensuring the Department 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 Department informed of your current mailing address: failure to do so may be considered a waiver of your Tight to an evidentiary hearing. 1eS) 3. If you wish to settle this matter now, indicate this by checking the appropriate space, marked as “3” on the Election of Rights form and ensure the Department receives it, and the signed Voluntary Relinquishment of Licensure agreement within 21 days from the date of your receipt of this Administrative Complaint. Tn 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. 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 cne or more of the foilowing penalties: revocation or Suspension of Respondent's license, imposition of an administrative fine, and/or any other relief deemed appropriate. ‘ar! A. Ford, Direct Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-0600 Filed in the official records of the Division of Motor Vehicles this 77224 day of April, 2003. CAF:gmw Copies furnished: Pat Giumarra Regional Administrator Dealer Licensing By certified mail to: Paul J. Riccardi Jr., President Viking Coachworks of Orlando, Inc. 2300 Old Lake Mary Road Sanford, Florida 32771 g:\dmv\dir\hearingoffiver\2003\wiking coachworks of orlando. inc.\ac

Docket for Case No: 03-001735