OS: SHO aa " STATE OF FLORIDA we So D DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICERSC T 20 PM Is9 DIVISION OF MOTOR VEHICLES I: 23. ry ADM Bae GE DEPARTMENT OF HIGHWAY SAFETY , HE us TRA TIVE AND MOTOR VEHICLES, DIVISION CARINGS OF MOTOR VEHICLES, Petitioner, Case No.: DMV 08-1237 License No.: RV-1015181 v. ATO ZRV WORKS, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against A to Z RV Works, 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 recreational vehicle dealer in the State of Florida, having been issued license number RV-1015181, based upon the application identifying Christopher S. Liming, as President. The address of record is 14714 U.S. 19, Hudson, Florida 34667. 3. Section 320.27(9)(b), Florida Statutes provides in part that the department may deny, suspend, or revoke any license issued hereunder or under the provision of s 320.771 upon proof that a licensee has committed, with sufficient frequency so as to establish a pattern of wrongdoing on the part of the licensee. COUNT ONE 4, Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 5. 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. 6. On November 24, 2007, Edward L. and Angela E. McCrann entered into a consignment contract with Respondent, wherein Respondent would have the sole and exclusive authority, irrevocable for a period of 90 days from the date of the contract to offer the McCrann’s 2005 Allegro recreational vehicle VIN 4UZAAHDC35CV01910, for sale with a net to be paid to the McCrann’s in the amount of $125,000. 7. On February 6, 2008, Respondent sold the recreational vehicle referenced in paragraph six above to Joseph A. Parolise for approximately $142,900. 8. Respondent failed to pay the McCrann’s in accordance with the consignment contract. 9. As of the filing of this Administrative Complaint Respondent has not paid the McCrann’s in accordance with the consignment contract. 10. 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 11. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, six, and seven, above. 12. Section 320.771(10), Florida Statutes provides in part that the licensee shall also have in his or her possession for each used recreational vehicle a properly assigned certificate of title or registration certificate if the used recreational vehicle was previously registered in a nontitle state, from the time the recreational vehicle is delivered to the licensee until it has been disposed of by the licensee. 13. Respondent failed to have in his possession and as of the filing of this Administrative Complaint does not have in his possession the certificate of title for the 2005 Allegro recreational vehicle VIN 4UZAAHDC35CV01910, referenced in paragraph six, above. 14. _ Based on the foregoing, Respondent violated section 320.771(10), Florida Statutes, by failing to have in his or her possession for each used recreational vehicle a properly assigned certificate of title. COUNT THREE 15. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and three, above. 16. 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. 17. Onor about February 6, 2008, Joseph A. Parolise purchased a 2005 Allegro recreational vehicle VIN 4UZAAHDC35CV01910, from Respondent. 18. Joseph A. Parolise and Respondent signed the Buyer’s Agreement and Respondent delivered the 2005 Allegro recreational vehicle VIN 4UZAAHDC35CV01910, to Ms. Parolise on February 6, 2008. 19. Respondent failed to file the application for certificate of title by March 7, 2008, or within 30 days of February 6, 2008. 20. As of the filing of this Administrative Complaint Respondent has not filed for certificate of title for the 2005 Allegro recreational vehicle VIN 4UZAAHDC35CV01910. 21. 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. 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. 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 Division, of Motor Vehicles this 4f “—day of July, 2008. CAF: gmw Copies furnished: Gary Konopka Regional Administrator Dealer Licensing By certified mail to: Christopher S. Liming, President Ato ZRV Works, Inc. 14714 U.S. 19, Hudson Florida 34667

Docket for Case No: 08-005210