Petitioner: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES
Respondent: MAYS AUTO SALES
Judges: STEPHEN F. DEAN
Agency: Department of Highway Safety and Motor Vehicles
Locations: Marianna, Florida
Filed: Feb. 18, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, April 28, 2003.
Latest Update: Dec. 24, 2024
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STATE OF FLORIDA Yhp Ip dD
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES |. op
DIVISION OF MOTOR VEHICLES AL,
DEPARTMENT OF HIGHWAY SAFETY
AND MOTOR VEHICLES, DIVISION
OF MOTOR VEHICLES,
Petitioner, Case No.: DMV-02-791
License No.: VI-28215
v.
MAYS AUTO SALES,
Respondent.
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ADMINISTRATIVE COMPLAINT
Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor
Vehicles, files this Administrative Complaint against Mays Auto Sales, 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-28215, based
upon the application signed by Charlie S. May, Jr., as Sole Owner. The address of record is
2124 Main Street, Cypress, Florida 32432.
COUNT ONE
3. Petitioner realleges and incorporates as if fully stated herein the allegations
contained in the paragraphs above.
4. In or around 1995, Renee A. Keely purchased a Chevrolet with VIN plate
IGLEP22S482108695, identifying it as a 1995 model, from Respondent.
5. On or about November 21, 2002, Renee A. Keely attempted to trade the 1995
Chevrolet, VIN 2G1FP22S482108695, to Trading Post Used Cars. This dealership was unable
to receive financing for this vehicle and contacted the Panama City Division of Motor Vehicles
for assistance.
6. On or about November 25, 2002, Compliance Examiner Glenn Young examined
the door of the 1995 Chevrolet and located the federal sticker that bore VIN
2G1EP22P5P2107400, identifying the motor vehicle as a 1993 Chevrolet. The VIN plate on the
1993 Chevrolet had been removed and replaced with one from a 1995 Chevrolet.
7. At the time Ms. Keely purchased the Chevrolet from Respondent, the title for the
1995 Chevrolet VIN 2G1FP22$4S2108695 was clear, in that the vehicle could be sold to be
driven as a motor vehicle.
8. At the time Ms. Keely purchased the Chevrolet from Respondent, the title for the
1993 Chevrolet VIN 2G1FP22S8482108695, indicated that it was a salvage vehicle, titled to State
Farm Insurance Company and could not be sold to be driven as a motor vehicle,
9. Section 319.33(1)(d), Florida Statutes states that it is unlawful to possess, sell or
offer for sale, conceal, or dispose of in this state a motor vehicle or mobile home, or major
component part thereof, on which any motor number or vehicle identification number that has
been affixed by the manufacturer or by a state agency, such as the Department of Highway
Safety and Motor Vehicles, which regulates motor vehicles has been destroyed, removed,
covered, altered, or defaced, with knowledge of such destruction, removal, covering, alteration,
or defacement.
10. Section 319.33(6), Florida Statutes provides that a violation of section
319.33(1)(d). Florida Statutes is a third degree felony.
Il. Based on the foregoing, Respondent violated sections 320.27(9)(b)13 and 17,
Florida Statutes, through a violation of section 319.33(1)(d), Florida Statutes, by selling a motor
vehicle on which the vehicle identification number had been removed or altered.
COUNT TWO
12. Petitioner realleges and incorporates as if fully stated herein the allegations
contained in paragraphs one, two, and nine, above.
13. | Onor about December 11, 2002, Compliance Examiner Glenn Young assisted
Florida Highway Patrol (FHP) investigators in checking VIN numbers in Respondent's salvage
yard.
14. Compliance Examiner Young and FHP investigators found a 1989 Ford Van
vehicle identification number plate (VIN 1FMCA11U6KZA36325) had been switched with a
1993 Ford Van vehicle identification number plate (VIN 1FMDA31XXPZB15430).
15. On or about December 11, 2002, the 1989 Ford Van with VIN
1FMCA11U6KZA36325 had a clear title, in that the vehicle could be sold to be driven as a
motor vehicle.
16. On or about December 11, 2002, the Ford Van with VIN
1FMDA31XXPZB15430 had been issued a Certificate of Destruction title, and could not be sold
to be driven as a motor vehicle.
17. On or about December 11, 2002, Charlie S. May, Jr. admitted to FHP
investigators that he had removed and exchanged the vehicle identification number plates on the
motor vehicles referenced in paragraphs fourteen through sixteen (14-16), above.
18. Section 319.30(5)(b), Florida Statutes provides:
It is unlawful for any person to knowingly possess, sell, or exchange, offer to sell or
exchange, or give away any manufacturer’s or state-assigned identification number plate
or serial plate of any motor vehicle or mobile home that has been removed from the
motor vehicle or mobile home for which it was manufactured, and it is unlawful for any
person to authorize, direct, aid in, or consent to the possession, sale, or exchange or to
offer to sell, exchange, or give away such manufacturer’s or state-assigned identification
number plate or seria] plate.
19. Section 319.30(9), Florida Statutes provides that a violation of section
319.30(5)(b), Florida Statutes is a third degree felony.
20. Based on the foregoing, Respondent violated section 320.27(9)(b)13 and 17,
Florida Statutes, through a violation of section 319.30(5)(b), Florida Statutes, by removing and
replacing motor vehicle identification number plates.
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 the 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, within twenty-one (21) days from the date of receipt of the
Administrative Complaint.
2. If you dispute any material fact alleged in the 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, within twenty-one (21) days from the date of receipt of the
Administrative Complaint. If you elect an evidentiary hearing, you must keep the Department
informed of your current mailing address; failure to do so may be considered a waiver of your
right to an evidentiary hearing.
3. If you wish to settle this matter now, indicate by checking the appropriate space,
marked as “3” on the Election of Rights form and return the form, along with the signed
Voluntary Relinquishment of License within twenty-one (21) days from the date of receipt of the
Administrative Complaint.
In the event you fail to make an election in this matter within twenty-one (21) days from
receipt of the 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 and administrative fine, and/or any other relief deemed appropriate.
Carl A. Ford,
Division of Motor Vehicles
Department of Highway Safety and
Motor Vehicles
Neil Kirkman Building, Room B439, MS 60
Tallahassee, Florida 32399-0600
File in the official records of the
Division of Motor Vehicles
this /Z7?/day of January, 2003.
CAF: gmw
Copies furnished:
Ken Boles
Regional Administrator
Dealer License Section
By certified mail to:
Chariie S. May, Jr.
Mays Auto Sales
2124 Main Street
Cypress, Florida 32432
Charlie S. May, Jr
Mays Auto Sales
2126 Main Street
Cypress, Florida 32432
Charlie S. May, Jr.
Mays Auto Sales
Post Office Box 9
Cypress, Florida 32432
g:dir\hearingofficer\2002\maysautosales, \ac
Docket for Case No: 03-000579
Issue Date |
Proceedings |
Apr. 28, 2003 |
Order Closing File issued. CASE CLOSED.
|
Apr. 25, 2003 |
Stipulation and Joint Motion for Return of Jurisdiction filed.
|
Apr. 11, 2003 |
Motion to Amend Administrative Complaint filed by Petitioner.
|
Mar. 07, 2003 |
Order of Pre-hearing Instructions issued.
|
Mar. 07, 2003 |
Notice of Hearing issued (hearing set for April 29, 2003; 10:00 a.m.; Marianna, FL).
|
Feb. 28, 2003 |
Response to Initial Order filed by Petitioner.
|
Feb. 21, 2003 |
Initial Order issued.
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Feb. 18, 2003 |
Election of Rights filed.
|
Feb. 18, 2003 |
Answer filed.
|
Feb. 18, 2003 |
Voluntary Relinquishment of License filed.
|
Feb. 18, 2003 |
Administrative Complaint filed.
|
Feb. 18, 2003 |
Agency referral filed.
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