STATE OF FLORIDA fs DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VERIGLES. py DIVISION OF MOTOR VEHICLES Ay. 9 os Py 2: 54g DEPARTMENT OF HIGHWAY SAFETY : AND MOTOR VEHICLES, DIVISION tL a Wer OF MOTOR VEHICLES, oP 025-1 205PC Petitioner, Case No.: DMV-03-536 License No.: VI-28750 Vv. CRYSTAL CLEAR AUTO ENTERPRISE, INC., Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Crystal Clear Auto Enterprise, 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-28750, based upon the application signed by Lynette D. Judge, as President. The address of record is 1802 Lake Bradford Road, Tallahassee, Florida 32304. COUNT ONE 3. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 4. In or around February 2001, Nickolas Lloyd was an agent of Respondent dealership, authorized to execute consumer sales, and designated by Respondent to use Respondent's dealer license identification number at motor vehicle auctions. 5. 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. 6. On or about February 14, 2001, Respondent, through Nickolas Lloyd, purchased a 1994 Nissan Maxima, VIN JNIHJO1F4RT211235, from the Hillsborough County Auto Auction. Respondent took possession of the Nissan at the time of purchase; however, the title to the Nissan was held by the Hillsborough County Auto Auction pending payment of an additional _ $130.00 owed on the Nissan. | . 7. On or about February 20, 2001, Mattie Griffin, purchased a 1994 Nissan Maxima, VIN JN1HJO1F4RT211235, in Tampa, Florida from Respondent, for the cash sum of $3,600.00, plus $100.00 Dealer Preparation, plus $211.00, other non-taxable charges; the total contract a was $3,911.00. 8. Mattie Griffin signed the application for title and Respondent delivered the 1994 Nissan Maxima, VIN JNIHJO1F4RT211235, to Ms. Griffin in Tampa, on February 20, 2001. 9. Respondent failed to file the application for certificate of title by March 22, 2001, or within 30 days of February 20, 2001. 10. Respondent did not file for certificate of title for the 2001 1994 Nissan Maxima, VIN JN1HJO1F4RT211235, until on or about September 17, 2001. 11. 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. COUNT TWO 12. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, four, six, seven and eight, above. 13. Section 320.27(7), Florida Statutes, requires for each used motor vehicle in the possession of a licensee and offered for sale by him or her, the licensee either shall have in his or her possession or control a duly assigned certificate of title from the owner or reasonable indicia or ownership or right of possession, or have made proper application for a certificate of title or duplicate certificate of title. 14. Onor about February 21, 2001, Respondent paid the outstanding $130.00 owed to the Hillsborough County Auto Auction on the 1994 Nissan Maxima, VIN JN1HJO1F4RT21 1235, and title was released to Respondent; however, Respondent had already sold the Nissan to Ms. Griffin the day before, without having the title in its possession. 15. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 320.27(7), Florida Statutes, by failing to have in his or her possession or contro] a duly assigned certificate of title from the owner or reasonable indicia of ownership or right of possession, or have made proper application of a certificate of title or duplicate certificate of title. COUNT THREE 16. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, four, six, seven and eight, above. 17. Section 320.27(5), Florida Statutes, requires licensees to obtain a supplemental license for each permanent additional place or places of business not contiguous to the premises for which the original license is issued. 18. At the time of the sale of the Nissan to Ms. Griffin, Respondent had not obtained a supplemental license to offer motor vehicles for sale in Tampa, Florida. 19. Based on the foregoing Respondent violated section 320.27(9)(b)8, Florida Statutes, through a violation of section 319.25(5), Florida Statutes, by failing to obtain a supplemental license for an additional place of business not contiguous to the premises for which the original license is issued. COUNT FOUR 20. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 21. In or around June 2002, Nickolas Lloyd was an agent of Respondent dealership, authorized to execute consumer sales, and designated by Respondent to use Respondent's dealer license identification number at motor vehicle auctions. 22. 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. 23. Onor about June 15, 2002, Catrina Goodman, purchased a 1993 Pontiac Sunbird, VIN 1G2JC14H8P7570951, in Tampa, Florida from Respondent. 24. Catrina Goodman signed the application for title and Respondent delivered the 1993 Pontiac Sunbird, VIN 1G2JC14H8P7570951, to Ms. Goodman in Tampa, Florida on June 15, 2002. 25. Respondent failed to file the application for certificate of title by July 15, 2002 or within 30 days of June 15, 2002. 26. Respondent did not file for certificate of title for the 1993 Pontiac Sunbird, VIN 1G2JC14H8P7570951, until on or about January 22, 2003. 27. 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. COUNT FIVE 28. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, twenty-one (21), twenty-three (23), and twenty-four (24), above. , 29, Section 320.27(5), Florida Statutes, requires licensees to obtain a supplemental license for each permanent additional place or places of business not contiguous to the premises for which the original license is issued. 30." At the time of the sale of the Pontiac to Ms. Goodman, Respondent had not obtained a supplemental license to offer motor vehicles for sale in Tampa, Florida. 31. Based on the foregoing Respondent violated section 320.27(9)(b)8, Florida Statutes, through a violation of section 319.25(5), Florida Statutes, by failing to obtain a supplemental license for an additional place of business not contiguous to the premises for which the original license is issued. COUNT SIX 32. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 33. In or around September 2002, Nickolas Lloyd was an agent of Respondent dealership, authorized to execute consumer sales, and designated by Respondent to use Respondent's dealer license identification number at motor vehicle auctions. 34. Section 320.27(5), Florida Statutes, requires licensees to obtain a supplemental license for each permanent additional place or places of business not contiguous to the premises for which the original license is issued. 35. Onor about September 4, 2002, Henry L Holder purchased a 1987 Buick Century, VIN 1G4HR5135HH414625, in Tampa, Florida from Respondent. 36. At the time of the sale of the Buick to Mr. Holder, Respondent had not obtained a supplemental license to offer motor vehicles for sale in Tampa, Florida. 37. Based on the foregoing Respondent violated section 320.27(9)(b)8, Florida Statutes, through a violation of section 319.25(5), Florida Statutes, by failing to obtain a supplemental license for an additional place of business not contiguous to the premises for which the original license is issued. COUNT SEVEN 38. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 39. Inor around February 2002, Nickolas Lloyd was an agent of Respondent dealership, authorized to execute consumer sales, and designated by Respondent to use Respondent's dealer license identification number at motor vehicle auctions. 40. Section 320.27(5), Florida Statutes, requires licensees to obtain a supplemental license for each permanent additional place or places of business not contiguous to the premises for which the original license is issued. 41. | Onor about February 2, 2002, Yolanda J. Richardson, purchased a 1992 Subaru, VIN 483BC6324N9607781, in Tampa, Florida from Respondent. 42. Based on the foregoing Respondent violated.section 320.27(9)(b)8, Florida Statutes, through a violation of section 319.25(5), Florida Statutes, by failing to obtain a supplemental license for an additional place of business not contiguous to the premises for which the original license is issued. COUNT EIGHT 43. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 44. In or around January 2002, Nickolas Lloyd was an agent of Respondent dealership, authorized to execute consumer sales and designated by Respondent to use Respondent's dealer license identification number at motor vehicle auctions. 45. Section 320.27(5), Florida Statutes, requires licensees to obtain a supplemental license for each permanent additional place or places of business not contiguous to the premises for which the original license is issued. | 46. Onor about January 29, 2002, Jacquelyn R. Hall, purchased a 1986 Honda, VIN 1HGBA5430GA054248, in Tampa, Florida from Respondent. 47. Based on the foregoing Respondent violated section 320.27(9)(b)8, Florida Statutes, through a violation of section 319.25(5), Florida Statutes, by failing to obtain a supplemental license for an additional place of business not contiguous to the premises for which the original license is issued. 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 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. Ifyou 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. Ifyou 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 so 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 any required check made payable to the Division of Motor Vehicles, and the signed Settlement Stipulation 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. 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. ar! A. Ford, Direct 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 @7’=day of April, 2003. CAF:gmw Copies furnished: Ken Boles Regional Administrator Dealer Licensing By certified mail to: Lynette D. Judge, President Crystal Clear Auto Enterprise, Inc. 4830 Ashland Drive Tampa, Florida 33610 Lynette D. Judge, President Crystal Clear Auto Enterprise, Inc. 1802 Lake Bradford Road Tallahassee, Florida 32304 Lynette D. Judge, President Crystal Clear Auto Enterprise, Inc. Post Office Box 6705 Tallahassee, Florida 32301 Michael Daniels, Registered Agent Crystal Clear Auto Enterprise, Inc. 2769 Oak Park Court Tallahassee, Florida 32308 g:\dmv\dir\hearingofficer\2003\crystal clear auto enterprise inc.\ac 10

Docket for Case No: 03-001705