STATE OF FLORIDA 0> by E DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES * Wy 2 ° DIVISION OF MOTOR VEHICLES 4 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, Case No.: DMV-02-354 : License No.: VA-10105 Vv. POLK COUNTY AUTO AUCTION, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Polk County Auto Auction, Respondent, and alleges: 1. Petitioner is the state agency charged with regulating the business of offering motor vehicles for sale to the highest bidder where buyers are licensed motor vehicle dealers, 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 auto auction in the State of Florida, having been issued license number VA-10105, based on the application signed by Clarence White, as President. The address of record is 4898 U. S. Highway 17/92 West, Haines City, Florida 33844. 4. On or about March 8, 2002, Respondent was advised that, based on his felony conviction, Thomas O’Donnell was “not to be involved in any manner with the management, financial operations, purchase or sale of motor vehicles under any format” with Respondent. 5. Thomas Edward O’Donnell was convicted on or around October, 1996, of a first- degree felony related to securities fraud. 6. To date Mr. O’Donnell’s civil rights have not been restored, 7. Mr. O’Donnell has, in fact, worked at Respondent’s auction since on or about March 8, 2002. 8. Section 320.27(9)(r), Florida Statutes provides that after a felony conviction, an “offender shall have no financial interest, management, sales, or other role in the operation.” 9. Based on the foregoing, Respondent violated section 320.27(9)(a), Florida Statutes, through a violation of section 320.27(9)(r), Florida Statutes, by allowing a convicted felon to have either a financial! interest, to manage, sell, or to have any other role in the operation of the auction. 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 Tepresentative, 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 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, along with the signed Voluntary Relinquishment of License 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. 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. A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-600 Filed in the official records of the Division of Motor Vehicles this 2 / “day of June, 2002. CAF:ho Copies furnished: Richard Roth Regional Administrator Dealer License Section By certified mail to: Clarence White Polk County Auto Auction 4898 U.S. Highway 17/92 West Haines City, Florida 33844 g:\dmv\dir\hearingofficer\2002\Polk Co Auto Auction

Docket for Case No: 02-002944