STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICHESIEC [9 PH 2:99 DIVISION OF MOTOR VEHICLES DIVISION OF DEPARTMENT OF HIGHWAY SAFETY AON Taal IVE AND MOTOR VEHICLES, DIVISION ‘ OF MOTOR VEHICLES, Petitioner, Case No.: DMV 05-805 License No.: VI-30454 Vv. ROME AUTO BROKERS, INC. D/B/A MIRABELLA MOTORS, Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Rome Auto Brokers, Inc., d/b/a Mirabella Motors, 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-30454, based upon the application identifying Anthony C. Mirabella, as President. The address of record is 13001 N. Florida Avenue, Tampa, Florida 33612. 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 June 29, 2004, Richard Zeitler purchased a:2001 Cadillac, VIN 1G6KD54Y41U108256, from Respondent. 6. Richard Zeitler and Respondent signed the buyers order and Respondent delivered the 2001 Cadillac, VIN 1G6KD54¥Y41U108256, to Mr. Zeitler on June 29, 2004. 7. Respondent failed to file the application for certificate of title by July 29, 2004, or within 30 days of June 29, 2004. 8. Respondent did not file for certificate of title for the 2001 Cadillac, VIN 1G6KD54Y41U108256, until on or about August 2004. | 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 320.27(7), Florida Statutes requires in part that for each used motor vehicle in the possession of a licensee and offered for sale by him or her, the licensee either shall have in his or her possession or control a duly assigned certificate of title from the owner in accordance with the provisions of chapter 319, or shall have reasonable indicia of ownership or right of possession, or shall have made proper application for a duplicate certificate of title or duplicate certificate of title. wee wee 12. ~ On or about October 15, 2004, the Tampa Division of Motor Vehicles office received a complaint regarding the E-bay purchase of a 2003 Jaguar, VIN SAJEA01T43FM84575, by Jaclyn Maduff. 13. On or about October 22, 2004, the complaint was assigned to Compliance Examiner Jones. Compliance Examiner Jones received information that on or about July 21, 2004, Jaclyn Maduff, purchased a 2003 Jaguar, VIN SAJEA01T43FM84575, from Respondent, as evidenced by the buyers order signed by Ms. Maduff. . 14. The vehicle referenced in paragraph twelve above was delivered on or about August 5, 2004, to Hornburg Jaguar in California in accordance with Ms. Maduf’s instructions. 15. During August 10 to 26, 2004, Ms. Maduff had various complaints regarding the vehicle, one of which was she had not received the title for the vehicle, 16. After involving the e-bay insurance company Ms. Maduff found that Respondent did not have possession of the title, due to the fact that a finance company still held the title because the lien on the 2003 Jaguar, VIN SAJEA01T43FM84575, had not been paid off. 17, In or around September 2004, Respondent agreed to buy back the 2003 Jaguar, VIN SAJEA01T43FM84575, from Ms. Maduff 18. On or about November 12, 2004, Compliance Examiner Jones reviewed the deal jacket for the 2003 Jaguar, VIN SAJEA01T43FM84575, to determine if all paperwork regarding the sale and buy-back of the 2003 Jaguar, VIN SAJEA01T43FM84575, were complete and accurate. Compliance Examiner Jones found that Respondent did not have a certificate of title, reasonable indicia of ownership or right of possession for the 2003 Jaguar, VIN SAJEA01T43FM84575, ‘19. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by failing to have in their possession a certificate of title, reasonable indicia of ownership or right of possession for a used motor vehicle in their possession or offered for sale. COUNT THREE 20. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 21. 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. 22, On or about August 27, 2004, Reginald L, Battle purchased a 1997 Range Rover, VIN SALPV1243VA358645, from Respondent. 23. Reginald L. Battle signed the finance agreement and Respondent delivered the 1997 Range Rover, VIN SALPV1243VA358645, to Mr. Battle on August 27, 2004. 24, — Respondent failed to file the application for certificate of title by September 26, 2004, or within 30 days of August 27, 2004, 25, Respondent did not file for certificate of title for the 1997 Range Rover, VIN SALPV1243VA358645, until on or about December 8, 2004, 26. 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 27. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one and two, above. 28. 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. 29. On or about October 15, 2004, Carla P. Masse purchased a 1997 Land Rover, VIN SALPV144XVA355223, from Respondent. 30. Carla P. Masse and Respondent signed the buyers order and Respondent delivered the 1997 Range Rover, VIN SALPV144XVA355223, to Ms. Masse on October 15, 2004. 31. Respondent failed to file the application for certificate of title by November 14, 2004, or within 30 days of October 15, 2004. 32. Respondent did not file the application for certificate of title for the 1997 Range Rover, VIN SALPV144XVA355223, until June 10, 2005. 33. 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 motor vehicle. COUNT FIVE 34. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 35. 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. 36. On or about June 3, 2005, Anthony Raynor purchased a 2001 Acura, VIN 19UYA42701A020442, from Respondent. 37. Anthony Raynor and Respondent signed the buyers order and Respondent delivered the 2001 Acura, VIN 19UYA42701A020442, to Mr, Raynor on June 3, 2005. 38. Respondent failed to file the application for certificate of title by July 3, 2005, or within 30 days of June 3, 2005, 39. As of the signing of this Administrative Compliant Respondent has not filed the application for certificate of title for the 2001 Acura, VIN 19UYA42701A020442, 40. 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 41. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 42. 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. 43. On or about June 13, 2005, Kip Goebel purchased a 1999 Porsche, VIN WPOAA299XXS623090, from Respondent, 44, Respondent signed the buyers order and delivered the 1999 Porsche, VIN WPOAA299XXS623090, to Mr. Goebel on June 13, 2005. 45. Respondent failed to file the application for certificate of title by July 13, 2005, or within 30 days of June 13, 2005, 46. As of the signing of this Administrative Compliant Respondent has not filed the application for certificate of title for the 1999 Porsche, VIN WPOAA299XXS623090, 47. 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 SEVEN 48. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 49. 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. 50. On or about May 31, 2005, Alexander Sidorko purchased a 1999 Volvo, VIN YV1TS90D9X1055382, from Respondent. 51. Alexander Sidorko and Respondent signed the buyers order and Respondent delivered the 1999 Volvo, VIN YV1TS90D9X1055382, to Mr. Sidorko on May 31, 2005. 52. Respondent failed to file the application for certificate of title by June 30, 2005, or within 30 days of May 31, 2005. 53. As of the signing of this Administrative Compliant Respondent has not filed the application for certificate of title for the 1999 Volvo, VIN YV1TS90D9X1055382. 54. 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 EIGHT 55. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 56. 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. 57. Onor about June 2, 2005, Brenton G. and Brenda C, Lonker purchased a 2000 Cadillac, VIN 1G6KD54¥2YU262524, from Respondent. 58. Brenton G. and Brenda C. Lonker and Respondent signed the buyers order and Respondent delivered the Cadillac, VIN 1G6KD54¥2YU262524, to Mr. and Mrs. Lonker on ~ June 2, 2005. 59. Respondent failed to file the application for certificate of title by July 2, 2005, or within 30 days of June 2, 2005. 60. As of the signing of this Administrative Compliant Respondent has not filed the application for certificate of title for the 2000 Cadillac, VIN IG6KDS4Y2YU262524. 61. 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 NINE 62. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 63. 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. vo" ~eer 64. On or about June 9, 2005, James Britton purchased a 2001 Jeep, VIN 1J4FA49S11P363509, from Respondent. 65. James Britton and Respondent signed the buyers order and Respondent delivered the 2001 Jeep, VIN 1J4FA49§11P363509, to Mr. Britton on June 9, 2005. 66. Respondent failed to file the application for certificate of title by July 9, 2005, or within 30 days of June 9, 2005. 67. _ As of the signing of this Administrative Compliant Respondent has not filed the application for certificate of title for the 2001 Jeep, VIN 1J4FA49S811P363509. 68. 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 TEN 69. _ Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 70. 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. 71. On or about May 18, 2005, Maria Pozo purchased a 2003 BMW, VIN SUXFA53503LH80923, from Respondent. 72. Maria Pozo and Respondent signed the buyers order and Respondent delivered the 2003 BMW, VIN SUXFA53503LH80923, to Ms. Pozo on May 18, 2005. 73. Respondent failed to file the application for certificate of title by June 17, 2005, or within 30 days of May 18, 2005. 74. Respondent did not file the application for certificate of title for the 2003 BMW, VIN 5UXFA53503LH80923, until September 16, 2005, 75. 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 ELEVEN 76. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 77, 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. 78. Onor about June 20, 2005, Gene and Florenda C. Rosales purchased a 2001 BMW, VIN WBAFAS53591LM82251, from Respondent, 79. Gene and Florenda Rosales and Respondent signed the buyers order and Respondent delivered the 2001 BMW, VIN WBAFA53591LM82251, to Mr. and Mrs. Rosales on June 20, 2005. 80. . Respondent failed to file the application for certificate of title by July 20, 2005, or within 30 days of June 20, 2005. 81. Respondent did not file the application for certificate of title for the 2001 BMW, VIN WBAFA53591LM82251, until September 23, 2005. 82. 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. 10 COUNT TWELVE 83. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 84. 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. | 85. On or about May 11, 2005, Edward Dwyer purchased a 2000 Cadillac, VIN 1G6KF5795YU237650, from Respondent. 86. Edward Dwyer and Respondent signed the buyers order and Respondent delivered the 2000 Cadillac, VIN 1G6KF5795YU237650, to Mr. Dwyer on May 11, 2005. 87. Respondent failed to file the application for certificate of title by June 10, 2005, or within 30 days of May 11, 2005. 88.. Respondent did not file the application for certificate of title for the 2000 Cadillac, VIN 1G6KF5795YU237650, until September 15, 2005. 89. 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 THIRTEEN 90. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, eighty-five and eighty-six, above. 91. Section 320.131(2), Florida Statutes, provides that no more than two temporary tags shall be issued to the same person for the same vehicle. 11 92. Respondent issued Mr. Dwyer four temporary tags for the vehicle referenced in paragraph eighty-five above, as follows: L928125, issued May 11, 2005, L929575, issued June 7, 2005, M111130, issued July 6, 2005, and M115570, issued August 8, 2005, 93. Based on the foregoing, Respondent violated section 322.27(9)(b)17, Florida Statutes, through a violation of section 320.131(2), Florida Statutes, by issuing more than two temporary tags to the same person for the same vehicle. COUNT FOURTEEN 94. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 95. 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, 96. On or about April 19, 2005, Ronald D, Bush purchased a 2000 Mercedes Benz, VIN WDBNG70J3¥ A047711, from Respondent. 97, Ronald D. Bush and Respondent signed the buyers order and Respondent delivered the 2000 Mercedes Benz, VIN WOBNG70I3YA04771 1, to Mr. Bush on April 19, 2005. 98. Respondent failed to file the application for certificate of title by May 19, 2005, or within 30 days of April 19, 2005. 99. Respondent did not file the application for certificate of title for the 2000 Mercedes Benz, VIN WOBNG70J3YA047711, until September 16, 2005. 12 100. 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 FIFTEEN 101. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 102. 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. 103. On or about April 13, 2005, Ligia O. Quinn purchased a 2002 Lexus, VIN JTHBD 192010055850, from Respondent. 104. Ligia O. Quinn and Respondent signed the buyers order and Respondent delivered the 2002 Lexus, VIN JTHBD192010055850, to Ms. Quinn on April 13, 2005. 105. Respondent failed to file the application for certificate of title by May 13, 2005, or within 30 days of April 13, 2005. 106. Respondent did not file the application for certificate of title for the 2002 Lexus, VIN JTHBD192010055850, until September 15, 2005. 107. 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 SIXTEEN 108. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 13 109. 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. 110. On or about April 16, 2005, John Akopian purchased a 2001 Mercedes, VIN WDBPJ75J11A018703, from Respondent. 111. Respondent failed to file the application for certificate of title by May 16, 2005, or within 30 days of April 16, 2005. 112, Respondent did not provide Mr. Akopian with the certificate of title for the 2001 Mercedes, VIN WDBPJ75J11A018703, until on or about June 10, 2005, 113. 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 SEVENTEEN 114, Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 115. Section 319.24(5)(a), Florida Statutes states that a motor vehicle dealer acquiring ownership of a motor vehicle with an outstanding purchase money lien, shall pay and satisfy the outstanding lien within 10 working days of acquiring ownership. 116. On or about June 25, 2006, Michael D. Simon, Jr. purchased a 2002, Lexus VIN JTHBD192X20044919, from Respondent. 117. Mr. Simon and Respondent signed the buyer’s order and Respondent delivered the 2002, Lexus VIN JTHBD192X20044919, to Mr. Simon on June 25, 2005. 14 —_ 118. As part of the transaction referenced in paragraph one hundred sixteen above, complainant traded in a 1993, Lexus, with an outstanding lien in the amount of approximately $2,800.00. 119. Respondent failed to satisfy the outstanding lien on the Lexus by July 11, 2005 or within 10 working days of June 25, 2005. 120. Respondent did not satisfy the outstanding lien until on or about August 17, 2005, ; 121. Based on the foregoing, Respondent violated sections 320.27(9)(b)17, Florida Statutes, through a violation of section 319.24(5)(a), Florida Statutes, by failing to timely satisfy an outstanding lien. COUNT EIGHTEEN 122, Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 123. Section 320.27(9)(b)3, Florida Statutes states in part that the department may deny, suspend, or revoke any license issued upon proof that the licensee has misrepresented or provided false, deceptive, or misleading statements with regard to the sale of motor vehicles, which any motor vehicle dealer has, or causes to have advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale of motor vehicles. 124. On or about May 23, 2005, Sandra Sacheck purchased a 1999, BMW VIN WBAAMS5330XKG09132, from Respondent through an e-bay auction. 125. The e-bay advertisement for the 1999, BMW VIN WBAAMS5330XKG09132, stated that the “finish is perfect and the luxurious leather interior is in perfect condition.” The ad also stated that there were “no known mechanical problems.” 15 126. Ms. Sacheok received the vehicle on or about May 26, 2005, at which time Ms. Sacheck, noted that the leather seats were so badly damaged that there were visible tears and cracks in the seats. Ms. Sacheck took the vehicle to a BMW expert who advised Ms. Sacheck that the front right splash shield and lower bumper support were missing, the rocker molding on the driver’s side was damaged; the left rear jack pad was broken, and later found that the left rear jack pad was wedged into the rear of the car. Ms. Sacheck also had the vehicle inspected bya BMW specialist and was advised that there was a mechanical problem involving the fuel line. 127. Based on the foregoing, Respondent violated sections 320.27(9)(b)3, Florida Statutes, by misrepresenting or providing false, deceptive, or misleading statements with regard to the sale of motor vehicles, which any motor vehicle dealer has, or causes to have advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale of motor vehicles, COUNT NINETEEN 128. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. . 129, Section 320.27(9)(b)3, Florida Statutes states in part that the department may deny, suspend, or revoke any license issued upon proof that the licensee has misrepresented or provided false, deceptive, or misleading statements with regard to the sale of motor vehicles, which any motor vehicle dealer has, or causes to have advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale of motor vehicles, 130. On or about May 19, 2005, Billy Shelton purchased a 2001, BMW VIN QBAAV33491EE77231, from Respondent through an e-bay auction. 16 131. The e-bay advertisement listed the 2001, BMW VIN QBAAV33491EE77231, as having cruise control, power seats, a climate control system, and a telescoping and tilt steering wheel. The ad listed the interior, carpets, seats, dashboard, panels/headliner, exterior, paint, trim condition, glass condition as excellent and that there were no visible dents or rust. The ad also states that the vehicle has a “flawless silver finish,” “The finish is perfect and the luxurious leather interior is in perfect condition as well!” 132, When Mr. Shelton received the vehicle referenced in paragraph one hundred thirty above, he noted that the vehicle did not have cruise control, power seats, a climate control system, and a telescoping and tilt steering wheel. The vehicle had a dent on the passenger side front fender and three paint chips, 133. Based on the foregoing, Respondent violated sections 320.27(9)(b)3, Florida Statutes, by misrepresenting or providing false, deceptive, or misleading statements with regard to the sale of motor vehicles, which any motor vehicle dealer has, or causes to have advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale of motor vehicles. In addition to the above and foregoing there are numerous uncharged complaints against Respondent filed by consumers alleging violations of Florida law and which are unresolved as of the filing of this Administrative Complaint. Additionally, within the past two years, Respondent has had numerous consumer complaints which were subsequently resolved without the necessity of the filing of an Administrative Complaint, but which if charged would have constituted violations of Florida law. 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 7 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, 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 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 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. Ifyou 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. 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, 18 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. atl A. Ford, Director 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 42-€-day of October, 2005. CAF:gmw Copies furnished: Gary Konopka Regional Administrator Dealer Licensing By certified mail to: Anthony C. Mirabella, President Mirabella Motors 13001 N. Florida Avenue Tampa, Florida 33612 g:\\dir\hearingofficer\2005\mirabellamotors\ac 19

Docket for Case No: 05-004636