STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES > &B DEPARTMENT OF HIGHWAY SAFETY . Ze = AND MOTOR VEHICLES, DIVISION mas m= OF MOTOR VEHICLES, Bae Bae Petitioner, Case No.: DMAZUG-19 dalla License No.: VI-1§%96 v. 251° A GOLDEN GAVEL AUCTIONEERS, INC. - D/B/A GOLDEN GAVEL AUTO SALES, - 0 (g . 0 4 p) 7 Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Golden Gavel Auctioneers, Inc., d/b/a Golden Gavel 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 motor vehicle dealer in the State of Florida, having been issued license number VI-18796, based upon the application identifying Susan J. Harrow, as President. The address of record is 8504 Adamo Drive, Tampa, Florida 33619. 3. Section 320.27(3), Florida Statutes, provides that, as a requirement for licensure, a motor vehicle dealer’s place of business must operate from a location approved by the department that meets specified requirements. . 4. With its application for the May 1, 2005 to April 30, 2006, licensure period, Respondent attested its place of business was its address of record. 5, On or about November 22, 2005, Compliance Examiner Botero observed that Respondent had abandoned its approved place of business. Compliance Examiner Botero went by the location to verify that Respondent had in place the required signage reflecting the name change for the licensed location. Compliance Examiner Botero did not sée a sign and was unable to locate Respondent’s office. Compliance Examiner Botero asked several people in the area if they knew where Respondent’s place of business was jocated; the response in each case | was that they did not know. Compliance Examiner Botero contacted Respondent and questioned him regarding the required sign and was advised by Mr. Harrow that the county made him remove the sign. Compliance Examiner Botero advised Mr. Harrow that he must comply with Department rules in order to continue in this business. 6. On or about December 13, 2005, Compliance Examiner Botero again went by Respondent’s licensed location and took pictures of the location. Compliance Examiner Botero noted that there was no sign indicating that Respondent was located at this address, no hours of ~ operation were posted, and the trailer where the business was located appeared to be abandoned. Compliance Examiner Botero looked inside the trailer and noted that there was no furniture or files, the inside of the trailer appeared to be destroyed. 7. Based on the foregoing, Respondent violated section 320.27(9)(b)(8), Florida Statutes, by failing to continually meet the requirements of section 320.27(3), F lorida Statutes, the licensure law, by abandoning its approved place of business. 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. Tn 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 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, and the signed Voluntary Relinquishment of Licensure agreement 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. arl 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 “day of February, 2006, CAF:gmw Copies furnished: Gary Konopka Regional Administrator Dealer Licensing By certified mail to: Susan J. Harrow, President Golden Gavel Auto Sales 8504 Adamo Drive Tampa, Florida 33619 Susan J. Harrow, President Golden Gavel Auto Sales 6504 Seabird Way Apollo Beach, Florida 33570 g;\dir\hearingoficer2006\goldengavelautosales\ac\

Docket for Case No: 06-000927