fo yy - STATE OF FLORIDA . DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICE ES; > DIVISION OF MOTOR VEHICLES Pohs 2 Oia}. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, O 7. Y wKD- Petitioner, CaseNo.: DMV 07-1083 License No.: VI-1012752 v. JT AUTO, INC,, Respondent. / ADMINISTRATIVE COMPLAINT SS LIEVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against JT Auto, 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-1012752, based upon the application identifying Johnson Thomas, as President, The address of record is 3341 N. Dixie Highway, Bay 1, Pompano Beach, Florida 33064. 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 February 22, 2007, Zicho Deshommes purchased a 2000 Nissan, VIN JN1CA31D9YT537492, from Respondent. 6. . Zicho Deshommes signed the bill of sale and Respondent delivered the 2000 Nissan, VIN JN1CA31D9YT537492, to Mr. Deshommes on February 22, 2007. 7. Respondent failed to file the application for certificate of title by March 24, 2007, or within 30 days of February 22, 2007. 8. As of the filing of this Administrative Complaint, Respondent has not filed for certificate of title for the 2000 Nissan, VIN INICA31D9YT537492, 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. 1i.. 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. 12. On or about March 8, 2007, Jackson Anestal purchased a 2000 Volkswagen, VIN 3VWSA29M3YM1910373, from Respondent. 13. Jackson Anestal signed the bill of sale and Respondent delivered the 2000 Volkswagen, VIN 3VWSA29M3YM1910373, to Mr, Anestal on March 8, 2007. 14. Respondent failed to file the application for certificate of title by April 7, 2007, or within 30 days of March 8, 2007. 15. _ As of the filing of this Administrative Complaint, Respondent has not filed for certificate of title for the 2000 Volkswagen, VIN 3VWSA29M3YM1910373. 16. _ 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 THREE 17. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 18. 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. 19, On or about March 10, 2007, Magala Jean-Blaise purchased a 2001 Saturn, VIN 1G8ZH541Z269803, from Respondent. 20. = Magala Jean-Blaise signed the bill of sale and Respondent delivered the 2001 Saturn, VIN 1G8ZH541Z269803, to Ms. Jean-Blaise on March 10, 2007. 21. Respondent failed to file the application for certificate of title by April 9, 2007, or within 30 days of March 10, 2007. . 22. As of the filing of this Administrative Complaint, Respondent has not filed for certificate of title for the 2001 Saturn, VIN 1G8ZH5417269803. 23, 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 24. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one and two, above. 25, 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. . 26. On or about March 13, 2007, Kerline Josue purchased a 2000 Pontiac, VIN 1G2HY54K6Y4284943, from Respondent. . 27, | Kerline Josue signed the bill of sale and Respondent delivered the 2000 Pontiac, VIN 1G2HY54K6Y4284943, to Mr. Josue on March 13, 2007. . 28. Respondent failed to file the application for certificate of title by April 12, 2007, or within 30 days of March 13,2007, 29. Respondent did not file the application for certificate of title for the 2000 Pontiac, VIN 1G2HY54K6Y4284943, until May 31, 2007, which is 49 days after the statutorily required timeframe. 30. 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 FIVE 31. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 32. 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. 33, On or about March 13, 2007, Melinda Miller and Sarah Williams purchased a 2002 Honda, VIN 2HGES16552H536631, from Respondent. 34. Melinda Miller, Sarah Williams and Respondent signed the bill of sale and Respondent delivered the 2002 Honda, VIN 2HGES16552H536631, to Ms. Miller and Ms. Williams on March 13, 2007. 35. Respondent failed to file the application for certificate of title by April 12, 2007, or within 30 days of March 13, 2007. 36. Respondent did not file the application for certificate of title for the 2002 Honda, ‘VIN 2HGES16552H536631, until May 31, 2007, which is 39 days after the statutorily required timeframe. 37. ° 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 38. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 39, 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. 40, . On or about March 17, 2007, Elange Mesidor purchased a 2003 Dodge, VIN . 1D7HL48N235237055, from Respondent. 41. | Elange Mesidor signed the bill of sale and Respondent delivered the 2003 Dodge, VIN 1D7HL48N238237055, to Ms. Mesidor on March 17, 2007. | 42. Respondent failed to file the application for certificate of title by April 16, 2007, or within 30 days of March 17, 2007. . 43. Respondent did not file the application for certificate of title for the 2003 Dodge, VIN 1D7HL48N23S237055, until June 26, 2007, which is 71 days after the statutorily required timeframe. 44, 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 45. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above, 46, 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. 47. On or about March 20, 2007, Joel Carver purchased a 1998 Mazda, VIN JM1TA2215W1405009, from Respondent. 48. Joel Carver signed the bill of sale and Respondent delivered the 1998 Mazda, VIN JM1TA2215W1405009, to Mr. Carver on March 20, 2007. 49. Respondent failed to file the application for certificate of title by April 19, 2007, or within 30 days of March 20, 2007. 50. Respondent didnot file the application for certificate of title for the 1998 Mazda, VIN JM1TA2215W1405009, until May 11, 2007, which is 22 days after the statutorily required timeframe. , . 51. 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. 52. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 53. 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. | 54. On or about March 24, 2007, Harry Bryant purchased a 2003 Chevrolet, VIN 1G1JC52F237238947, from Respondent. 55. Harry Bryant signed the bill of sale and Respondent delivered the 2003 Chevrolet, VIN 1G1JC52F237238947, to Mr. Bryant on March 24, 2007. 56. Respondent failed to file the application for certificate of title by April 23, 2007, or within 30 days of March 24, 2007. 57. . As of the filing of this Administrative Complaint, Respondent has not filed for certificate of title for the 2003 Chevrolet, VIN 1G1JC52F237238947. 58. 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 59. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 60. 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. 61. On or about March 30, 2007, Crystal Davis purchased a 2001 Ford, VIN IFAFP56871A240367, from Respondent. 62. Crystal Davis signed the bill of sale and Respondent delivered the 2001 Ford, VIN 1FAFP56S71A240367, to Ms. Davis on March 30, 2007, 63. Respondent failed to file the application for certificate of title by April 29, 2007, | or within 30 days of March 30, 2007. 64, Respondent did not file the application for certificate of title for the 2001 Ford, VIN LFAFP56S71A240367, until May 22, 2007, which is 23 days-after the statutorily required timeframe. 65. 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. 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 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. 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, Direct6r Division of Motor Vehiclés 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 otor Vehicles this 77 day of July, 2007. CAF: gmw Copies furnished: William O. Francis Regional Administrator Dealer Licensing By certified mail to: Johnson Thomas, President JT Auto, Ine. 3341 N. Dixie Highway Pompano Beach, Florida 33064 Johnson Thomas, President ’ JT Auto, Inc. - 1430S. W. 6 Avenue Deerfield Beach, Florida 33441 10

Docket for Case No: 07-004582