STATE OF FLORIDA F | 1 is i. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES 7995 apa -1 A TE 14 DIVISION OF DEPARTMENT OF HIGHWAY SAFETY AOMAMISTRALVE AND MOTOR VEHICLES, DIVISION HEARIRGS OF MOTOR VEHICLES, Case No.: DMV-05-067 Petitioner, License No.: VI-32985 Vv. THE AUTOSPHERE, INC., [) EP te Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against The Autosphere, 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-32985, based on the application signed by Frederick Johnson, III, as President. The address of record is 6036 Central Avenue, Suite B, St. Petersburg, Florida 33707. 3. Section 320.27(9)(a)1, Florida Statutes provides that the department may deny, suspend, or revoke the license of a licensee upon proof that a licensee has committed fraud or a willful misrepresentation in an application for or in obtaining a license. 4. On March 23, 2004, Respondent filed with the Department an application ‘for a license as an independent motor vehicle dealer. 5. In that application, Respondent, in response to question number 7, indicated that the applicant, any partner, or any corporate officer or director had not been arrested on a felony or equivalent charge. 6. Department records indicate that Howard J. Becker is the Vice President of the dealership. 7. Florida Department of Law Enforcement records indicate that Howard J. Becker, was arrested on April 11, 1980, on the felony charges of passing a forged instrument and grand larceny. 8. Based on the foregoing, Respondent violated section 320.27(9)(2)1, Florida Statutes, by indicating on the application for license that he had not been arrested on felony charges, when, in fact based on records of the Florida Department of Law Enforcement, he had. 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 2 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, 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 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 the signed Voluntary Relinquishment of License 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 contest the issues presented in the Administrative Complaint and the Department may proceed to enter a Final Order without further notice. 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. CAF:gmw Copies furnished: Gary Konopka Regional Administrator Dealer License Section By certified mail to: Frederick Johnson, I, President The Autosphere, Inc. 6036 Central Avenue, Suite B St. Petersburg, Florida 33707 g:\ \dirthearingofficer\2005\theautosphereinc\ac Division of Motor Vehicles Department of Highway Safety arid Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-600 Filed in the official records of the Division of Motor Vehicles this 2” & day of January, 2005.

Docket for Case No: 05-001250