[A ADS STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, Case No.: DMV-02-280 License No.: WI-29450 Vv. BELLA MOTORS, INC., Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Bella Motors, 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-29450, based upon the application signed by Cynthia Hill, as President, The address of record is 1218 South Harbor City Boulevard, Melbourne, Florida 32901. COUNT ONE 3. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 4. On or about January 20, 2002, William McFarlane purchased a 1990 Jeep Cherokee, VIN# 1J4FT27L3LL151585 from Respondent for the cash sum of $1,275.00 plus $76.50 sales tax; the total contract price was $1,351.50. 5. William McFarlane signed the application for title and Respondent delivered the 1990 Jeep Cherokee, VIN# 1J4FT27L3LL151585, to Mr. McFarlane on January 20, 2002. 6. 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. 7. Respondent failed to file the application for certificate of title by February 19, 2002, or within 30 days of January 20, 2002. 8. Based on the foregoing, Respondent violated section 320.27(9)(n), F lorida 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 9. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 10. On or about November 5, 2001, Ernest O. Cobb purchased a 1998 Toyota Avalon, VIN# 4T1BF18BXWU215921, for the cash sum of $12,950.00 plus a $391.00 pre-delivery fee, minus a $3,001.00 trade in allowance, plus in $596.94 sales tax; the total contract price was $10,936.94. 11. Emest O. Cobb signed the application for title and Respondent delivered the 1998 Toyota Avalon, VIN# 4T1BF18BXWU215921, to Mr. Cobb on November 5, 2001. 12. Respondent failed to file the application for certificate of title by December 5, 2001, or within 30 days of November 5, 2001. 13. Based on the foregoing, Respondent violated section 320.27(9)(n), 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 14. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 15. | Onor about September 19, 2001, Terreca Andrews purchased a 1997 Chrysler Town and Country minivan, VIN¢ 1C4GP64L3VB363308, for the sum of $15,999.00 plus a $391.00 pre-delivery fee, minus a $17,000 trade-in allowance, plus $21,700.00 to pay off a trade- in vehicle, minus a $4,700.00 down payment; the total contract price was $16,390.00. 16. As part of the above-referenced transaction, Terreca Andrews traded in a 2001 Dodge Dakota truck with an outstanding lien. 17. Terreca Andrews signed the application for title and Respondent delivered the 1998 Chrysler Town and Country minivan, VIN# 1C4GP64L3VB363308, to Ms. Andrews on September 19, 2001. 18. Section 319.24(5)(a), Florida Statutes, provides that a motor vehicle dealer acquiring ownership of a motor vehicle with an outstanding purchase money lien, shall pay and satisfy the outstanding lien within 10 working days of acquiring ownership. 19. Respondent failed to satisfy the outstanding lien by October 3, 2001 or within 10 working days of September 19, 2001. 20. __ Based on the foregoing, Respondent violated section 320.27(9)(a), Florida Statutes, through a violation of section 319.24(5)(a), Florida Statutes, by failing to timely satisfy an outstanding lien. COUNT FOUR 21. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one, two and six, above. 22. On or about October 26, 2001, Leon R. Wahlin purchased a 1998 Lincoln Mark VI, VIN# 1LNFM91V1WY714836, for the cash sum of $15,909.00 plus a $391.00 pre- delivery fee and in $954.54 sales tax; the total contract price was $17,254.54. 23. Leon Wahlin signed the application for title and Respondent delivered the 1998 Lincoln Mark VUI, VIN# ILNFM91V1WY714836, to Mr. Wahlin on October 26, 2001. 24, Respondent failed to file the application for certificate of title by November 25, 2001, or within 30 days of October 26, 2001. 25. Respondent did not file the application for certificate of title for the 1998 Lincoln Mark VIII until December 14, 2001 26. Based on the foregoing, Respondent violated section 320.27(9)(n), 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 27. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, twenty-two (22) and twenty-three (23), above. 28. Prior to the purchase by Mr. Wahlin, the 1998 Lincoln Mark VII, VIN# ILNFM91V1WY714836, had been branded “MANUF BUY BK,” as required by section 310.14(1){a), Florida Statutes, indicating it had been repurchased by a manufacturer pursuant to a settlement and was thus a ““Nonconforming vehicle.” 29. Section 319.14(2), Florida Statutes, provides that no person shall knowingly sell, exchange, or transfer a vehicle without prior to consummating the sale, exchange, or transfer, disclosing in writing to the purchaser, customer or transferee the fact that the vehicle has previously been titled, registered, as an nonconforming vehicle. 30. Prior to selling it, Respondent failed to disclose in writing to Mr. Wahlin that the 1998 Lincoln Mark VIII, VIN# 1LNFM91V1WY714836, was in fact titled as a nonconforming vehicle. 31. Based on the foregoing, Respondent violated section 320.27(9)(a), Florida Statutes, through a violation of Section 319.14(2), Florida Statutes, by failing to disclose that a vehicle had been titled as nonconforming prior to selling it. COUNT SIX 32. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 33, On or about September 3, 2001, Lisa Seiwert purchased a 1998 Jeep Grand Cherokee, VIN# 1J4GZ78S9WC328294 for the sum of $17,099.00, plus a $391.00 pre-delivery fee, minus a $10,000.00 trade-in allowance, plus $425.94 in sales tax and $8,800.00 as the amount owed on trade-in; the total contract price was $16,715.94. 34. Lisa Seiwert signed the application for title and Respondent delivered the 1998 Jeep Grand Cherokee, Y 1J4GZ78S9WC328294, to Ms. Seiwert on September 3, 2001. 35. Respondent failed to file the application for certificate of title by October 3, 2001, or within 30 days of September 3, 2001. 36. Based on the foregoing, Respondent violated section 320.27(9)(n), 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 37. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, eighteen (18), thirty-three (33) and thirty-four(34), above. 38. As part of the transaction referenced in paragraph thirty-three (33) above, Ms. Seiwert traded in a 1999 Chevrolet Cavalier, VIN# 1G1JC524XX7193731, with an outstanding lien in the amount of $8,800.00. 39. Respondent failed to satisfy the outstanding lien on the Cavalier by September 17, 2001 or within 10 working days of September 3, 2001. 40. Respondent did not satisfy the outstanding lien until on or about November 6, 2001. 41. Based on the foregoing, Respondent violated sections 320.27(9)(a) and (j), Florida Statutes, through a violation of ection 320.3 19.24(5)(a), Florida Statutes, by failing to timely satisfy an outstanding lien. COUNT EIGHT 42. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 43. Onor about July 28, 2001, John Kuehne purchased a 1996 Eagle Vision, VIN# 2E3HDS6TOTHI 13320 for the cash sum of $6,900.00, plus $414.00 in sales tax; total contract price was $7,314.00. 44. John Kuehne signed the application for title and Respondent delivered the 1996 Eagle Vision, VIN 2E3 HD56TOTHI 13320, on July 28, 2001. 45. Respondent failed to file the application for certificate of title by August 27, 2001, or within 30 days of July 28, 2001. 46. Respondent did not file the application for certificate of title until on or about October 30, 2001. 47. Based on the foregoing, Respondent violated section 320.27(9)(n), 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 48. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, eighteen (18), forty-three (43) and forty-four (44), above. 49. At the time Respondent sold the 1996 Eagle Vision to Mr. Kuehne, it was titled to Rhonda or Richard Stewart, with an outstanding lien in favor of Space Coast Credit Union. 50. Respondent failed to satisfy the outstanding lien on the 1996 Eagle Vision within 10 working days of acquiring ownership and prior to offering it for sale to Mr. Kuehne, 51. Respondent did not satisfy the outstanding lien for the 1996 Eagle Vision until on or about October 29, 2001. 52. Based on the foregoing, Respondent violated section 320.27(9)(a), through a violation of section 319.24(5)(a), Florida Statutes, by failing to timely satisfy an outstanding lien. COUNT TEN 53. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 54, On or about May 7, 2001, Bradford Page purchased a 1997 Cadillac Catera VIN# WO6VRS2RXVR090475, for the sum of $13,000.00 plus $780.00 in sales tax; the total contract price was $13,780.00. 55. Bradford Page signed the application for title and Respondent delivered the 1997 Cadillac Catera VIN# W06VR52RXVR090475, to Mr. Page on May 7, 2001. 56. Respondent failed to file the application for certificate of title by June 6, 2001, or within 30 days of May 7, 2001. 57. Respondent bought the 1997 Cadillac Catera back from Mr. Page on or about January 29, 2002, as Respondent was unable to secure title for said vehicle. 58. Based on the foregoing, Respondent violated section 320.27(9)(n), 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 ELEVEN 59. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, fifty-four (54) and fifty-five (55), above. 60. Rule 15C-1,003, Florida Administrative Code, provides that temporary tags are valid for only 30 days from the day of issuance. 61. — Rule 15C-1.004, Florida Administrative Code, provides the method a licensed motor vehicle dealer must use to obtain temporary tags from the Division of Motor Vehicles or its authorized agent and the records the dealer must maintain when issuing any temporary tag. 62. On or about May 7, 2001, Respondent issued Bradford Page a temporary license plate, number B-374745 for the 1997 Cadillac Catera, valid until June 6, 2001. 63. Having not received a license plate or registration from Respondent, Mr. Page went back to Respondent on or about August 27, 2001 and was issued another temporary license plate with the same number B-374745, valid until September 27, 2001. 64. In that any individual temporary tag is only valid for 30 days, Respondent could not lawfully issue the same temporary tag twice. 65. Respondent could not lawfilly issue a second temporary tag with the number B- 374745 and section 320.131, Florida Statutes provides that unlawful issuance of a temporary tag is a criminal act. 66. Based on the foregoing, Respondent violated section 320.27(9)(a), Florida Statutes, through violations of Rule 15C-1, Florida Administrative Code, by unlawfully issuing temporary tags. 67. Based on the foregoing, Respondent violated section 320.27(9)(c), Florida Statutes, through violations of Rule 15C-1, Florida Administrative Code, through fraud in the issuance of temporary tags. COUNT TWELVE 68. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 69. Onor about May 21, 2001, Walter C. Miller purchased a 1998 Chevrolet Suburban, VIN# 3GNGC26J1WG125246, for the cash sum of $16,900.00, plus $1,014.09 in sales tax, a $35.00 tag transfer fee, and a $1.50 Tire/Battery fee; the total contract price was $17,950.59. 70. Walter C. Miller signed the application for title and Respondent delivered the 1998 Chevrolet Suburban, VIN# 3GNGC26J1WG125246, to Mr. Miller on May 21, 2001. 71. Respondent failed to file the application for certificate of title by June 20, 2001, or within 30 days of May 21, 2001. 72. Respondent did not file the application for certificate for the 1998 Chevrolet Suburban until on or about July 12, 2001. 73. Based on the foregoing, Respondent violated section 320.27(9)(n), Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file and application for certificate of title to a motor vehicle. COUNT THIRTEEN 74, Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and six, above. 75. Onor about June 9, 2001, Stephen James purchased a 1997 Ford Expedition, VIN# 1FMFU18L1VLC21885 for the cash sum of $13,500.00 plus $810.00 sales tax; the total contract price was $14,310.00. 76. Stephen James signed the application for title and Respondent delivered the 1997 Ford Expedition, VIN# 1FMFU18LIVLC21885, to Mr. James on June 9, 2001. 77, Respondent failed to file the application for certificate of title by July 9, 2001, or within 30 days of June 9, 2001. 78. Respondent did not file for certificate of title for the 1997 Ford Expedition, until on or about September 12, 2001. 79. Based on the foregoing, Respondent violated section 320.27(9)(n), 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 FOURTEEN 80. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, eighteen (18), seventy-five (75) and seventy-six (76), above. 81. At the time Respondent sold the 1997 Ford Expedition to Mr. James, it was titled to the prior owner, with an outstanding lien. 82. Respondent failed to satisfy the outstanding lien on the 1997 Ford Expedition within 10 working days of acquiring ownership and prior to offering it for sale to Mr. James. 83, Respondent did not satisfy the outstanding lien for the 1997 Ford Expedition until on or about August 19, 2001. 84. Based on the foregoing, Respondent violated section 320.27(9)(a), Florida Statutes, through a violation of section 319.24(5)(a), Florida Statutes, by failing to timely satisfy an outstanding lien. 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 and subpoena 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, 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 11 keep the Department 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 the Department 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 Department within 21 days from your receipt of this Administrative Complaint, your failure may be considered a waiver of your right to dispute tke alleged facts and the Department may proceed to enter a Final Order. 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, 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 9f Motor Vehicles this /¢’day of June, 2002. CAF: ho Copies furnished: Pat Giumarra Regional Administrator Dealer Licensing By certified mail to: Cynthia Hill, President Bella Motors, Inc. 1218 South Harbor City Boulevard Melbourne, Florida 32901 12

Docket for Case No: 02-002943