STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES Gabe O8-UKBY ee DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, Case No.: DMV-08-1717 License No.: VI-1006768 Vv. MARTUCCI AUTO SALES, INC. D/B/A AUTO EXCHANGE, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Martucci Auto Sales, Inc. d/b/a Auto Exchange, 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 ail times material hereto, a licensed motor vehicle dealer in the State of Florida, having been issued license number VI-1006768, based upon the application identifying Felipe Martucci, as President. The address of record is 3305 East Hillsborough Avenue, Tampa, Florida 33610. 3. Section 320.131(8), Florida Statutes requires that the department administer an electronic system for licensed motor vehicle dealers to use in issuing temporary tags. 4. Pursuant to section 320.131(9)(a), Florida Statutes, the Department implemented a secure print-on-demand electronic temporary tag registration, record retention, and issue system required for use by.every department-authorized issuer of temporary tags which became effective July 1, 2008. 5. Respondent is a department-authorized issuer of temporary tags as contemplated by the statute due to being an Independent Motor Vehicle Dealer licensed by the State of Florida. 6. Section 320.131(8), Florida Statutes, states in part that if a dealer fails to comply with the department’s requirements for issuing temporary tags using the electronic system, the department may deny, suspend, or revoke a license upon proof that the licensee has failed to comply with the department’s requirements. COUNT ONE 7. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 8. On or about July 15, 2008, Compliance Officer Weaver conducted a records inspection of Respondent’s dealership. 9. Respondent issued a non electronic pre-printed temporary tag, number S433570, to Gilberto Cepero on July 2, 2008. 10. Respondent failed to issue an electronic temporary tag to Gilberto Cepero as required by section 320,131(8), Florida Statutes. 11. _ Based on the foregoing, Respondent violated section 320.131(8), Florida Statutes, by failing to issue a temporary license plate using the electronic system. COUNT TWO 12, Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, four, five, six, and eight above. 13. Respondent issued a non electronic pre-printed temporary tag, number $433571, to Manuel Navarro, Jr. on July 7, 2008. 14. Respondent failed to issue an electronic temporary tag to Manuel Navarro as required by section 320.131(8), Florida Statutes. 15. Based on the foregoing, Respondent violated section 320.131(8), Florida Statutes, by failing to issue a temporary license plate using the electronic system. . COUNT THREE 16. _ Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, four, five, six, and eight above. 17. _ Respondent issued a non electronic pre-printed temporary tag, number 433573, to Theresa Reddick on July 8, 2008. 18. Respondent failed to issue an electronic temporary tag to Theresa Reddick as required by section 320.131(8), Florida Statutes. 19. Based on the foregoing, Respondent violated section 320.131(8), Florida Statutes, by failing to issue a temporary license plate using the electronic system. COUNT FOUR 20. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, four, five, six, and eight above. 21. Respondent issued a non electronic pre-printed temporary tag, number 433574, to Leo F. Clegg on July 8, 2008. 22. Respondent failed to issue an electronic temporary tag to Leo F. Clegg as required by section 320.131(8), Florida Statutes. 23. Based on the foregoing, Respondent violated section 320.131(8), Florida Statutes, by failing to issue a temporary license plate using the electronic system. COUNT FIVE 24. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, four, five, six, and eight above. 25. Respondent issued a non electronic pre-printed temporary tag, number $433575, to Larry E. Taylor on July 9, 2008. 26. Respondent failed to issue an electronic temporary tag to Larry E. Taylor as required by section 320.131(8), Florida Statutes. 27. Based on the foregoing, Respondent violated section 320.131(8), Florida Statutes, by failing to issue a temporary license plate using the electronic system. COUNT SIX 28. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, four, five, six, and eight above. 29. Respondent issued a non electronic pre-printed temporary tag, number $433576, to Constance Jackson on July 11, 2008. 30. Respondent failed to issue an electronic temporary tag to Constance Jackson as required by section 320.131(8), Florida Statutes. 31. Based on the foregoing, Respondent violated section 320.131(8), Florida Statutes, by failing to issue a temporary license plate using the electronic system. COUNT SEVEN 32. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, four, five, six, and eight above. 33. Respondent issued a non electronic pre-printed temporary tag, number $433578, to Maria Soberanes on July 14, 2008. 34. Respondent failed to issue an electronic temporary tag to Maria Soberanes as required by section 320.131(8), Florida Statutes. 35. Based on the foregoing, Respondent violated section 320.131(8), Florida Statutes, by failing to issue a temporary license plate using the electronic system. : COUNT EIGHT 36. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, four, five, six, and eight above. 37. Respondent issued a non electronic pre-printed temporary tag, number $433579, to Gildardo Ortega on July 14, 2008. 38. Respondent failed to issue an electronic temporary tag to Gildardo Ortega as required by section 320.131(8), Florida Statutes. 39. Based on the foregoing, Respondent violated section 320.131(8), Florida Statutes, by failing to issue a temporary license plate using the electronic system. 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 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. 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. rl 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 otor Vehicles this $7 day of September, 2008. CAF:jde Copies furnished: Gary Konopka Regional Administrator Dealer Licensing By certified mail to: Felipe Martucci, President Martucci Auto Sales, Inc. 3305 East Hillsborough Avenue Tampa, Florida 33610

Docket for Case No: 08-004828