STATE OF FLORIDA 7 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR vet Od DIVISION OF MOTOR VEHICLES °7 p DEPARTMENT OF HIGHWAY SAFETY i“: | sy a AND MOTOR VEHICLES, DIVISION O OF MOTOR VEHICLES, Petitioner, Case No.: DMV 08-400 License No.: VI-1002947 Vv. ‘ FREY MOTOR CARS, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor _ Vehicles, files. this. Administrative Complaint against Frey Motor Cars, 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 28-106.2015, 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-1002947, based upon the application identifying Darryl E. Frey, as President. The address of record is 2170 Andrea Lane, Fort Myers, Florida 33912. COUNT ONE 3. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 4. Section 320.27(9)(b)5, Florida Statutes, provides that a motor vehicle dealer license is subject to denial, suspension, or revocation of the dealer license if the dealer fails to comply with the terms of any bona fide written, executed agreement, pursuant to the sale of a motor vehicle. 5. On or about May 11, 2007, Frey Motor Cars, Inc. purchased a 2003 Mercedes- Benz VIN WDBUF76J03A364893 from Ashworth Auto (a motor vehicle dealer in the state of Towa), for the purchase price of $39,000.00 plus 8.25% interest daily. 6. Darryl Frey (Frey Motor Cars, Inc.) and R. A. Graves (Ashworth Auto) signed the Wholesale Order and Ashworth Auto delivered the 2003 Mercedes-Benz VIN WDBUF76J03A364893, to Frey Motor Cars, Inc. 7. Respondent failed pay Ashworth Auto for the 2003 Mercedes-Benz VIN --WDBUF76J03A364893, as-outlined-in the Wholesale-Order.....----_--_-__---. 8. As of the filing of this Administrative Complaint Respondent has not fulfilled the obligations of the Wholesale Order regarding the purchase of the 2003 Mercedes-Benz VIN WDBUF76J03A364893. 9. Based on the foregoing, Respondent violated sections 320.27(9)(b)5, Florida Statutes, by failing to comply with the terms of any bona fide written, executed agreement, pursuant to the sale of 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 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 August 2, 2007, Michael A. Rosenfeld purchased a 2002 Porsche, VIN WP0AA299828611170, from Respondent. 13. Michael A. Rosenfeld and Respondent signed the purchase order and Respondent delivered the 2002 Porsche, VIN WP0AA29982S611170, to Mr. Rosenfeld on August 2, 2007. 14. Respondent failed to file the application for certificate of title by September 1, 2007, or within 30 days of August 2, 2007. 15. Respondent did not file for certificate of title for the 2002 Porsche, VIN WP0AA29982S611170, until on or about November 10, 2007, which is 71 days after the statutorily required 30 day timeframe. ~--_16..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 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 April 10, 2007, Andrew Morrow purchased a 1996 Bentley, VIN SCBZB 14C8TCX53048, from Respondent. 20. | Andrew Morrow and Respondent signed the bill of sale and Respondent delivered the 1996 Bentley, VIN SCBZB14C8TCX53048, to Mr. Morrow on April 10, 2007. 21. Respondent failed to file the application for certificate of title by May 10, 2007, or within 30 days of April 10, 2007. 22. As of the filing of this Administrative Complaint Respondent has not filed for certificate of title for the 1996 Bentley, VIN SCBZB14C8TCX53048. 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 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. Onor about January 29, 2007, Randy Fogel purchased a 2002 Masarati, VIN ZAMBB18A120006698, from Respondent. 27. Randy Fogel and Respondent signed the bill of sale and Respondent delivered the 2002 Masarati, VIN ZAMBB18A120006698, to Mr. Fogel on January 29, 2007. 28. Respondent failed to file the application for certificate of title by February 28, 2007, or within 30 days of January 29, 2007. 29. As of the filing of this Administrative Complaint Respondent has not filed for certificate of title for the 2002 Masarati, VIN ZAMBB18A120006698. _....contained in paragraph one and two, above, nen 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 320.27.(3), Florida Statutes, requires that motor vehicle dealers keep and maintain books, records and files necessary to conduct such business, which will be available at all reasonable hours to inspection by the department of any or its inspectors or other employees. 33. Section 320.27(6), Florida Statutes, requires that every licensee shall keep a book or record in such form as shall be prescribed or approved by the department, in which the licensee shall keep.a record of the purchase, sale or.exchange,.or receipt for the-purpose-of sale,-......—____ of any motor vehicle, the date upon which any temporary tag was issued, the date of title transfer, and the description of such motor vehicle together with the name and address of the seller, the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered, as the case may be. 34. — Section 320.27(7), Florida Statutes, requires 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 or reasonable indicia or ownership or right of possession, or have made proper application for a certificate of title or duplicate certificate of title. 35. | Onor about September 20, 2007, Compliance Examiner Ruester conducted a records inspection of Respondent dealership. duplicate certificate of title. a 36. At the time of the inspection referenced in paragraph thirty-five (35), above, Compliance Examiner Ruester examined five, vehicles displayed for sale. Compliance Examiner Ruester found that Respondent did not have a duly assigned certificate of title from the owner or reasonable indicia or ownership or right of possession for the following vehicles: a. 2005 Ford VIN 1ZVFT85H355212879 b. 1999 Porsche VIN WPOAA2991XSG25200 c. 1957 Ford VIN D7FH220540 37. 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 his or her possession or control a duly assigned certificate of title from the owner or reasonable indicia of ownership or right of possession, or have made proper application of a certificate of title or 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, shail file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. 40. At the time of the inspection referenced in paragraph thirty-five (35), above, Compliance Examiner Ruester examined Respondents records for purchases and sales of vehicles. Compliance Examiner Ruester found that Respondent did not obtain titles for the following vehicles within the 30 day statutory timeframe: Yr. Make VIN Purchased Title Obtained a. 2004 Audi WAUAC48H44L019848 05/24/07 07/19/07 b. 2001 BMW WBABN334X1JW58492 05/3 1/07 07/19/07 c. 2003 Acura 19UUA56883.A006380 05/19/07 07/10/07 d. 2005 Dodge 1B3E566505D 123892 07/18/07 08/20/07 41. 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 certificates of title for 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 er qualified “representative, to present t evidence and argument, to call anda cross-examine witnesses, and t to have subpoena(s) and subpoena(s) duces tecum issued 0: 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, 7 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, a general denial is not sufficient 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 so may be considered a waiver of your right to an evidentiary hearing. 3. 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 Agreement for Voluntary Revocation of Licensure 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 based upon the allegations contained in the Administrative Complaint. 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. Carl A. Ford, Directo: 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 Divisio Motor Vehicles this 7 day of March, 2008. CAF:gmw Copies furnished: Dianne McGowan Regional Administrator Dealer Licensing By certified mail to: Darryl E. Frey, President Frey Motors, Inc. 2170 Andrea Lane Fort Myers, Florida 33912

Docket for Case No: 08-001547