. é ‘%? : STATE OF FLORIDA Oy ve DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES Mp, DIVISION OF MOTOR VEHICLES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION 0 | _ ie T U OF MOTOR VEHICLES, Case No.: DMV-07-113 Petitioner, License No.: VI-1017465 v. J. PEREZ WHOLESALERS, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against J. Perez Wholesalers, 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-1017465, based on the application identifying Olga I, Rodriguez, as President. The address of record is 1307B N. Highway 17-92, Haines City, Florida 33844. COUNT ONE 3. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 4. Section 320.27(3), Florida Statutes provides in part that the “department may issue a license to an applicant pending the results of the fingerprint investigation, which license is fully revocable if the department subsequently determines that any facts set forth in the application are not true or correctly represented.” . 5. On August 28, 2006, Respondent filed with the Department an application for a license as an independent motor vehicle dealer. 6. 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. 7, Department records indicate that William Garcia is the Vice President of the dealership. 8. Florida Department of Law Enforcement records indicate that Respondent was arrested on February 10, 1983, on the felony charges of possession of controlled substance, possession of narcotic drug with intent to sell and sale of narcotic drug, March 2, 1987, on the felony charges of possessing a weapon or firearm/knife and possession of controlled substance, and again on January 3, 2005, on the felony charge of counterfeiting. 9. Based on the foregoing, Respondent violated section 320.27(3), Florida Statutes, by falsely and incorrectly representing on the application for license that the applicant, any partner, or any corporate officer or director had not been arrested on felony charges, when, in ‘fact based on records of the Florida Department of Law Enforcement, William Garcia, Vice President for the dealership had. . COUNT TWO 10. _ Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and eight, above. 11. Rule 15C-7.002(10), Florida Administrative Code, states in part that the Department is authorized to deny, suspend or revoke a dealer license for failure of any dealer to render to the Department any requested assistance in accessing, searching, locating or translating any record. 12. On or about October 25, 2006 and November 27, 2006, the Department sent letters, certified mail requesting information regarding the felony arrests referenced in paragraph eight above. The certified mail receipt indicates that the letters were received on or about November 8, 2006 and December 23, 2006, respectively. 13. On or about J anuary 9, 2007, Bureau Chief Rankin attempted to contact Respondent at the telephone numbers listed in the dealer file and received information that Respondent was not in at that time. Mr. Rankin attempted to make contact with Respondent several times after that and left several messages, which to date have not been retumed. 14. __ As of the signing of this Administrative Complaint, Respondent has not provided the requested information. 15. Based on the foregoing, Respondent violated section 320.27(9)(b)16, Florida Statutes, through a violation of rule 15C-7.002(10), Florida Administrative Code, by failing to render to the Department any requested assistance in accessing, searching, locating or translating any record. 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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, by checking 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 allegations 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. 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 that the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, 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 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. arl A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-600 Filed in the official records of the Division yAMotor Vehicles this 25°" day of January, 2007. CAF: gmw Copies furnished: Gary Konopka Regional Administrator Dealer License Section By certified mail to: Olga I. Rodriguez, President J. Perez Wholesalers, Inc. 1307B N. Highway 17-92 Haines City, Florida 33844 Olga I. Rodriguez, President J. Perez Wholesalers, Inc. Post Office Box 466 Davenport, Florida 33836 Olga I. Rodriguez, President J. Perez Wholesalers, Inc. 308 S. 20" Street Haines City, Florida 33844

Docket for Case No: 07-001474