>, 4 . STATE OF FLORIDA Up <é~ DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHI BB, °° hy DIVISION OF MOTOR VEHICLES isa, 2 CIS Tp ge <7 DEPARTMENT OF HIGHWAY SAFETY Tinga’ AND MOTOR VEHICLES, DIVISION SN OF MOTOR VEHICLES, Petitioner, Case No.: DMV 07-217 : License No.: VI-1013350 Vv. WILLIAM C. WALDEN, JR. D/B/A BILLY BOBS AUTO SALES, (O1-10 De Respondent. - / ao, ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against William C. Walden, Jr. d/b/a Billy Bobs 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 sections 20.24, 120.569 and 120.54 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-1013350, based upon the application identifying William C. Walden, Jr., as Owner. The address of record is 1620 N. Main Street, Bell, Florida 32619. COUNT ONE 3, Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 4. Section 319.35(1)(c), Florida Statutes states in part that “It is unlawful for any person to knowingly possess, sell or offer for sale, conceal, or dispose of in this state a motor vehicle with an odometer that has been tampered with so as to reflect a lower mileage than the motor vehicle has actually been driven,...” 5. On or about February 18, 2006, Robin L Kalandyk purchased a 1995 Chevrolet, VIN 1GCGC33K4SF008400, from Respondent. 6. Robin I. Kalandyk signed the retail installment contract and Respondent delivered the 1995 Chevrolet, VIN 1GCGC33K4SF008400, to Ms. Kalandyk on February 18, 2006. Ms. Kalandyk also purchased a vehicle service agreement from Respondent for the vehicle on which the mileage listed was 134,616, by Respondent. 7. When Ms. Kalandyk arrived at home with the vehicle, she noticed that the odometer was not working and the mileage was still 134,616. She contacted Respondent and was advised to contact the warranty company regarding the repair. 8. Ms. Kalandyk found a receipt for Tepairs in the vehicle from the previous owner which indicated at the time of the repair in or around September 2004, the mileage was 235,430. Respondent did not advise Ms. Kalandyk that the mileage was anything other than what was indicated on the odometer (134,616), at the time she purchased the vehicle 9. Ms. Kalandyk contacted the Florida Highway Patrol for assistance in this matter. 10. Lieutenant Roy W. Jackson investigated the report and found a Carfax history report which indicates that the last reported mileage was 215,315; that Respondent purchased the vehicle via an e-bay auction and the miles listed in the e-bay advertisement were 253,211: and the 1995 Chevrolet, VIN 1GCGC33K4SF008400, was previously titled in South Carolina. The vehicle was purchased by Respondent from Francis Wayne Cooke and the South Carolina title | transfer to Respondent indicates that at the time Mr. Cooke purchased the vehicle the odometer reading was 215,315 miles. 11. During the investigation Respondent advised Lieutenant Jackson that the gages in the 1995 Chevrolet, VIN 1GCGC33K4SF008400, were not working and he replaced the dash which included the odometer. | 12. Based on the foregoing, Respondent violated section 320.27(9)(b)14, Florida . Statutes, through a violation of section 319.35(1)(c), Florida Statutes, by knowingly selling a motor vehicle with an odometer that has been tampered with so as to reflect a lower mileage than the motor vehicle has actually been driven. COUNT TWO 13. _ Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, five, six, seven, eight, ten, and eleven, above. . 14. Section 319.35(2)(a) and (b), Florida Statutes, reads “This section does not prevent the service, repair, or replacement of an odometer if the mileage indicated thereon remains the same as before the service, repair, or replacement. If the odometer is incapable of registering the same mileage-as before such service, repair, or replacement, the odometer must be adjusted to read zero and a notice in writing must be attached to the door frame of the vehicle by the owner or his or her agent specifying the mileage prior to repair or replacement of the odometer and the date on which it was repaired or replaced. (b) A person may not fail to adjust an odometer or affix a notice regarding such adjustment as required by paragraph (a). 15. Lieutenant Jackson’s report indicates that Respondent admitted that he did not place a notice any where in the vehicle specifying the mileage prior to the repair or replacement of the odometer. 16. Based on the foregoing, Respondent violated section 320.27(9)(b)14, Florida _ Statutes, through a violation of section 319.35(2)(a) and (b), Florida Statutes, by failing to affix a notice to the door frame of a vehicle specifying the mileage prior to the repair or replacement of the odometer and the date on which it was repaired or replaced. COUNT THREE 17. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, five, six, seven, eight, ten, and eleven, above. 18. Section 320.27(9)(b)13, Florida Statutes, provides in part that the Department may deny, suspend or revoke any license issued upon proof that a licensee has committed | violations of one or more of the following activities: 13. “Perpetration of a fraud upon any person as a result of dealing in motor vehicles...” 19. Along with the vehicle Respondent sold to Ms. Kalandyk she also purchased from Respondent a 90-day or 3,000 mile American Premier Group Protection Plan. The mileage listed on this protection plan that was issued and completed by Respondent was 134,616, which miles was clearly erroneous and known to be so by Respondent; thus knowingly placing incorrect information on the service agreement and subjecting it to invalidation. 20. Based on the foregoing, Respondent violated section 320.27(9)(b)13, Florida Statutes, by perpetrating fraud upon a person as a result of dealing in motor vehicles. 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 Tepresentative, 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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, by checki 8 the appropriate space, marked as “1” on the Election of Rights form and ensuring the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, 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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, by checking the appropriate space, marked as “2” on the Election of Rights form, specifying the material alle ations of fact you are disputing and ensuring the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, 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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, informed of your current mailing address; failure to do 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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, 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. A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Taliahassee, Florida 32399-600 Filed in the official records of the Division otor Vehicles this 5 day of February, 2007. CAF:gmw Copies furnished: Michael Matz Regional Administrator Dealer License Section By certified mail to: William C. Walden, Jr., Owner Billy Bobs Auto Sales 1620 N. Main Street Bell, Florida 32619 William C. Walden, Jr., Owner Billy Bobs Auto Sales Post Office Box 430 Bell, Florida 32619

Docket for Case No: 07-001036