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, Vv. Case No.: DMV 04-0855 License No.: BRUCE D. ALLUMS D/B/A ALLUMS IMPORTS, VI-28492 OSOSI0 Respondent. ADMINISTRATIVE COMPLAINT CA Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Bruce D. Allums d/b/a Allums Imports, Respondent, and alleges: 1, Petitioner is the state agency charged with regulating the business of buying, Administrative Code. 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 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 VI1-28492, based 3. upon the application signed by Bruce D. Allums, as Owner. The address of record is 2390 5” Avenue South, St. Petersburg, Florida 33712. On or about October 12, 2004, Erica Allums, a representative of Allums Imports, presented a 2000 Volkswagen Golf with supporting documentation to the Division of Motor Vehicles office in Tampa for a rebuilt vehicle inspection. A salvage rebuildable title with VIN WVWBC21]1 YW312601 was presented along with an Application for Title for this vehicle. The paperwork presented regarding the source for parts indicated that the parts were from a 1999 Volkswagen Golf, VIN WVWBA3157X480527 that had been issued a Certificate of Destruction by the Department on August 2, 2004. COUNT ONE 4. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 5. 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 major component thereof, on which any motor number or vehicle identification number that has been affixed by the manufacturer or by a state agency, which regulates motor vehicles a motor number or vehicle identification number that has been destroyed, removed, covered, altered, or defaced, with knowledge of such destruction, removal, covering, alteration, or defacement. 6. Upon inspection of the 2000 Volkswagen Golf, VIN WVWBC21J1YW312601, listed in paragraph six, above Compliance Examiners Ramos and Brewer, noted discrepancies regarding the vehicle identification number, and the Compliance Examiners contacted the Hillsborough County Sheriff's office (HCSO), for further investigation. 7. Detective Moffitt of the HCSO discovered that a VIN sticker had been glued over the public VIN on this vehicle. The vehicle presented had public VIN WVWBA31J7X480527, for the 1999 Volkswagen Golf that had been issued a Certificate of Destruction by the Department and the glued on VIN was for the 2000 Volkswagen Golf, VIN WVWBC21J1YW312601. 8. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.33(1)(d), Florida Statutes, by unlawfully possessing a motor vehicle with a vehicle identification number that has been covered. COUNT TWO 9. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, three, and seven, above. 10. Section 319.33(1)(e), Florida Statutes states that it is unlawful to make any false statement in any application or affidavit required under the provisions of this chapter or in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any application. 11. Onor about October 12, 2004, Erica Allums presented an Application for Certificate of Title (HSMV 82040), indicating the vehicle presented for the title was in fact the one listed on the application. Paragraph seven above indicates that it is not the vehicle for which documentation was presented. 12. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.33(1)(e), Florida Statutes, by making a false statement in an application or affidavit required under the provisions of this chapter or in a bill of sale or sworn statement of ownership or otherwise committing a fraud in any application. COUNT THREE 13. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, and three, above. 14, Section 319.33(4), Florida Statutes states that it is unlawful for any person to knowingly and with intent to defraud to have in his or her possession, sell, offer to sell counterfeit, or supply a blank, forged, fictitious, counterfeit, stolen, or fraudulently or unlawfully obtained certificate of title, registration, bill of sale, or other indicia of ownership to a motor vehicle or mobile home or to conspire to do any of the foregoing. 15, During the investigation it was learned that Allums Imports presented a forged a bill of sale from Sadisco of Tampa for the 2000 Volkswagen Golf VIN WVWBC21J1YW312601. It was found that Sadisco of Tampa had issued a bill of sale with control number 230452 to Allums Imports for a 1990 Volvo VIN YV1AA8845L1402340, on or about March 13, 2000, listing GEICO Insurance Company as the seller and Allums Imports as the buyer. Erica Allums presented a bill of sale from Sadisco of Tampa with the same control number 230452 for the 2000 Volkswagen Golf, listing Allums Imports as the seller and buyer. 16. __ Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.33(4), Florida Statutes, by knowingly and with intent to defraud having in their possession a fraudulent bill of sale. 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(s) and subpoena(s) 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, specifying the material allegations of fact you are disputing 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. 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. Carl A. Ford, Directef 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 ofMotor Vehicles this. 7 day of December, 2004. CAF:gmw Copies furnished: Gary Konopka Regional Administrator Dealer Licensing By certified mail to: Bruce D. Allums, Owner Allums Imports 2390 5" Avenue South St. Petersburg, Florida 33712 Bruce D, Allums, Owner Allums Imports 2151 5" Avenue North St. Petersburg, Florida 33713 g:\dir\ \hearingofficer\2004\allumsimports\ac

Docket for Case No: 05-000510