OS Ck 77 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-04-0142 License No.: VI-25697 © <2 v. YY on GJ STEVENS, INC., A _ ~ iW Respondent. Soo ° / A 2 oF, oO ay ay ADMINISTRATIVE COMPLAINT 1. Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against G J. Stevens, Inc., Respondent, and alleges: Petitioner is the state agency charged with regulating the business of buying, section 20.24 and chapter 320, Florida Statutes and Rules 15-2.001 and 28-107.004, Florida Administrative Code. selling, or dealing in motor vehicles or offering or displaying motor vehicles for sale, pursuant to 2. Respondent is, and has been at all times material hereto, a licensed motor vehicle ealer in the State of Florida, having been issued license number V1-25697, based upon the application made by Louis I. Freeman, as President. The address of record is 3440 South State Road 7, Miramar, Florida 33023. 3. Section 320.27(3), Florida Statutes, provides that, as a requirement for licensure, motor vehicle dealers must operate from a location place of business, approved by the department, that meets specified requirements. 4. With its application for the May 1, 2003 to April 30, 2004, licensure period, Respondent attested its place of business was its address of record. 5. On or about October 23, 2003, Compliance Examiner Logan observed that Respondent had abandoned its approved place of business. Compliance Examiner Logan went to Respondent’s dealership to deliver complaints received from consumers and found the dealership to be vacated, Examiner Logan spoke to neighbors and was told, “he left over night”. 6. On or about December 18, 2003, Compliance Examiner Logan received more complaints and phoned the dealership and found the number to be out-of-service. Compliance Examiner Logan visited the dealership and found it to be abandoned, there were no vehicles on display and the office was empty. A neighboring business confirmed that the dealership was closed. 7. On or about December 22, 2003, Compliance Examiner Logan attempted to contact Respondent by phone and found the number to be disconnected. Compliance Examiner Logan again visited the dealership and found the location to be abandoned. 8. Based on the foregoing, Respondent violated section 320.27(9)(b)(8), Florida Statutes by failing to continually meet the requirements of section 320.27(3), Florida Statutes, the licensure law, by abandoning its approved place of business. 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 i) 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 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, 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 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. ce>) 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, Direc! 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 Venicles - this fo day of February, 2004. CAF:gmw Copies furnished: Richard Owens Regional Administrator Dealer Licensing By certified mail to: Louis I. Freeman, President GJ Stevens, Inc. 3440 S, State Rd. 7 Miramar, Florida 33023 Louis I. Freeman, President GJ Stevens, Inc. 9801 N. W. 18 MNR Plantation, Florida 33322 Louis I. Freeman, President GJ Stevens, Inc. 9113 Vineyard Lake Drive Plantation, Florida 33324 g:\hearingoficer\2004\gjstevensinc\ac

Docket for Case No: 04-000877