STATE OF FLORIDA ed ae. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES * ~~ >! DIVISION OF MOTOR VEHICLES eer 2. wld JE 9 m4 P26 DEPARTMENT OF HIGHWAY SAFETY sey. AND MOTOR VEHICLES, DIVISION eee OF MOTOR VEHICLES, Petitioner, Case No.: DMV 04-0886 License No.: VI-22629 Vv. JOSEPH LATONA D/B/A . oe BEACHSIDE SALES, Ob O4 71Y Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Joseph Latona d/b/a Beachside 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-22629, based upon the application signed by Joseph Latona, as Owner. The address of record is 2040 SR 16, St. Augustine, Florida 32084. 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, shall file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. 5. On or about February 7, 2000, Sandra R. Bennett purchased a 1989 Ford, VIN LZVBT21C3K524446, from Respondent for the purchase price of $2,489.31. 6. Respondent and Sandra R. Bennett signed the bill of sale and Respondent delivered the1989 Ford, VIN 1ZVBT21C3K524446, to Ms. Bennett on February 7, 2000. 7. Respondent failed to file the application for certificate of title by March 7, 2000, or within 30 days of February 7, 2000. 8. Respondent did not file for certificate of title for the 1989 Ford, VIN 1ZVBT21C3K524446, until on or about July 13, 2000. 9. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. COUNT TWO 10. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 11. 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, shall file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. 12. On or about June 29, 2001, Carolin W. Bunke purchased a 1988 Dodge, VIN 1B3XA64E6JG42 1445, from Respondent for the purchase price of $2,160.00. 13. Respondent and Carolin W. Bunke signed the bill of sale and Respondent delivered the 1988 Dodge, VIN 1B3XA64E6JG421445, to Ms. Bunke on June 29,2001. 14. Respondent failed to file the application for certificate of title by July 29, 2001, or within 30 days of June 29, 2001. 15. Respondent did not file for certificate of title for the 1988 Dodge, VIN 1B3XA64E6JG421445, until on or about September 11, 2001. 16. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. COUNT THREE 17. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 18. 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, shall file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. 19. On or about August 27, 2001, Peter M. Huber purchased a 1994 Saturn, VIN 1G8ZE1599RZ226675, from Respondent for the purchase price of $1,500.00. 20. Respondent and Peter M. Huber signed the bill of sale and Respondent delivered the 1994 Saturn, VIN 1G8ZE1599RZ226675, to Mr. Huber on August 27, 2001. 21. Respondent failed to file the application for certificate of title by September 26, 2001, or within 30 days of August 27, 2001. 22. Respondent did not file for certificate of title for the 1994 Saturn, VIN 1G8ZE1599RZ226675, until on or about July 3, 2002. 23. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. COUNT FOUR 24. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one and two, above. 25. 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, shall file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. 26. Onor about August 28, 2002, Edward P. Selph purchased a 1994 Dodge, VIN 2B4FH25K2RR656127, from Respondent for the purchase price of $835.00. 27. Respondent and Edward P. Selph signed the bill of sale and Respondent delivered the 1994 Dodge, VIN 2B4FH25K2RR656127, to Mr. Selph on August 28, 2002. 28. Respondent failed to file the application for certificate of title by September 27, 2002, or within 30 days of August 28, 2002. 29. Respondent did not file the application for certificate of title for the 1994 Dodge, VIN 2B4FH25K2RR656127, until November 14, 2002. 30. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. COUNT FIVE 31. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 32. 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, shall file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. 33. Onor about August 9, 2004, Sonya Ghiten purchased a 1994 Honda, VIN 1HGEJ2221RL019070, from Respondent for the purchase price of $2,400.00. 34. Respondent and Sonya Ghiten signed the bill of sale and Respondent delivered the 1994 Honda, VIN 1HGEJ2221RL019070, to Ms. Ghiten on August 9, 2004. 35. Respondent failed to file the application for certificate of title by September 8, 2004, or within 30 days of August 9, 2004. 36. Respondent did not file the application for certificate of title for the 1994 Honda, VIN 1IHGEJ2221RL019070, until September 14, 2004. 37. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. COUNT SIX 38. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 39. 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, shall file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. 40. Onor about September 15, 2004, Loren A. Darnell purchased a 1996 Toyota, VIN 4T 1 BF12B6TU090811, from Respondent for the purchase price of $3,750.00. 41. Respondent and Loren A. Darnell signed the bill of sale and Respondent delivered the 1996 Toyota, VIN 4T1BF12B6TU09081 1, to Mr. Darnell on September 15, 2004. 42. Respondent failed to file the application for certificate of title by October 15, 2004, or within 30 days of September 15, 2004. 42. Respondent did not file the application for certificate of title for the 1996 Toyota, VIN 4T1BF12B6TU090811, until November 29, 2004. 44, Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. 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 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 this 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 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 6 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, specifying the material allegations of fact you are disputing 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 right to an evidentiary hearing. 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, along with any required check made payable to the Division of Motor Vehicles, and the signed Settlement Stipulation within 21 days from the date of your receipt of this Administrative Complaint. 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. 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. 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 Zor Vehicles this /4. “day of December, 2004. CAF:gmw Copies furnished: Deborah Osman Regional Administrator Dealer Licensing By certified mail to: Joseph Latona, Owner Beachside Sales 2040 SR 16 St. Augustine, Florida 32084 Joseph Latona, Owner Beachside Sales 96 Manressa Road St. Augustine, Florida 32095 g:\dir\ \hearingofficer\2004\beachsidesales\ac

Docket for Case No: 05-000374