STATE OF FLORIDA 5 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTOR VEHICLES DEPARTMENT OF HIGHWAY SAFETY fie AND MOTOR VEHICLES, DIVISION fe OF MOTOR VEHICLES, Petitioner, Case No.: DMV 05-116 License No.: VI-11765 v. MARTIN MOTORS OF PENSACOLA, INC., OL fa D5 Ils ¥ Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Martin Motors of Pensacola, 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-11765, based upon the application signed by Peggy Hill, as Secretary/Treasurer. The address of record is 6450 Pensacola Boulevard, Pensacola, Florida 32505. 3. On or about March 9, 2003, Billy Goodwin, a former employee of Respondent advised Compliance Examiner Lunsford of the Pensacola Division of Motor Vehicles Office, that Respondent had been changing VIN plates on several vehicles. Mr. Goodwin also stated that he was directed by Respondent to rollback odometers and perform VIN plate switches on various vehicles, as part of his job duties. 4. Division of Motor Vehicles, Compliance Examiner Lunsford, contacted the Florida Highway Patrol to investigate the alleged VIN changing. 5. On or about March 19, 2003, Lieutenant Karasek of the Florida Highway Patrol and Scott Lunsford of the Escambia County Tax Collector’s office inspected several vehicles in the possession of Martin Motors of Pensacola, Inc. 6. On or about March 20, 2003, Compliance Examiners Lunsford and France were assisting with the Florida Highway Patrol investigation, when they were approached by Laverne Enfinger, President of the dealership who stated that he knew that it was wrong to switch VIN plates, however, he thought it would be alright since the vehicles were nct sold to the public, they were being used for business purposes. co NE 7. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 8. 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 there of, on which any motor number or vehicle identification number has been affixed by the manufacturer or be 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. 9. On or about March 19, 2003, Lieutenant Karasek and Scott Lunsford inspected a 1989 Chevrolet Silverado, located in Respondents dealership with a public VIN of 1GCDC14HXKE192449, The manufacturers’ decal attached to the driver door jamb and the décal attached to thé glove box indicated a VIN of 1GCDC14H1MZ198572, and the secondary VIN embossed on the vehicle frame indicates a derivative of CMZ198572. This indicates the true VIN of the vehicle as a 1991 Chevrolet VIN 1GCDC14H1MZ198572. This inspection determined an incorrect VIN plate is attached to this vehicle. 10. 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 possessing a vehicle on which any motor number or vehicle identification number has been affixed by the manufacturer or be 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. COUNT TWO 11. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one through six and eight, above. 12. Onor about March 19, 2003, Lieutenant Karasek and Scott Lunsford inspected a 1995 Chevrolet, located in Respondents dealership with a public VIN (attached to the dash area) of 1GCCS14E1F2226662, which was attached with homemade rosette style rivets. The manufacturers’ decal was removed from the driver door jamb. The manufacturers decal attached to the glove box indicated a VIN of 1GCCS14Z4M8284407. The secondary VIN embossed on the vehicle frame indicates a derivative of CE2188783, this indicates the true VIN of the vehicle as a 1991 Chevrolet VIN 1GCBS14YE2188783. This inspection determined an incorrect VIN plate is attached to this vehicle. 13. 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 possessing a vehicle on which any motor number or vehicle identification number has been affixed by the manufacturer or bea 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. COUNT THREE 14. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one through six and eight, above. 15. | Onor about March 19, 2003, Lieutenant Karasek and Scott Lunsford inspected a 1984 Dodge, located in Respondents dealership with a public VIN of JB7FP24DXEX101148, the manufacturers’ decal had been removed from the driver door jamb and the manufactures data plate had been removed from the firewall in the engine compartment. The secondary VIN embossed on the vehicle frame indicates a derivative of KO50LP030986. An inspection of the engine block found a derivative of 4G64KH3888. The frame and engine numbers indicate that this vehicle is a 1990 Mitsubishi with a VIN JA7FL24W5LP030986. This inspection determined an incorrect VIN plate is attached to this vehicle. 16. 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 possessing a vehicle on which any motor number or vehicle identification number has been affixed by the manufacturer or be 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. COUNT FOUR 17. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one through six and eight, above. 18. On or about March 19, 2003, Lieutenant Karasek and Scott Lunsford inspected a 1987 Chevrolet, located in Respondents dealership with a public VIN of 1GCBS14E5H2270744. The manufacturers decal attached to the driver door jamb was unreadable; however, the decal attached to the glove box indicated a VIN of 1GCCS14R1G2144032. The secondary VIN embossed on the vehicle frame indicates a derivative of CG2144032, this indicates the true VIN of the vehicle as 1GCCS14R1G2144032. This inspection determined an incorrect VIN plate is attached to this vehicle. 19, 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 possessing a vehicle on which any motor number or vehicle identification number has been affixed by the manufacturer or be 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. COUNT FIVE 20. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one through six and eight, above. 21. On or about March 19, 2003, Lieutenant Karasek and Scott Lunsford inspected a 1982 Chevrolet, located in Respondents dealership with a public VIN of 1GTS14B7C25 13649. The manufacturers decal attached to the driver door jamb was unreadable; however, the decal attached to the glove box indicated a VIN of 1GCCS14AXM8193507. The secondary VIN embossed on the vehicle frame indicates a derivative of CM8193507, this indicates the true VIN of the vehicle as 1GCCS14AXM8193507. This inspection determined an incorrect VIN plate is attached to this vehicle. 22. 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 possessing a vehicle on which any motor number or vehicle identification number has been affixed by the manufacturer or be 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. COUNT SIX - 23. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one through six and eight, above. 24. Onor about March 19, 2003, Lieutenant Karasek and Scott Lunsford inspected a 1991 GMC, located in Respondents dealership with a public VIN of 1GTDC14K5M527091. The manufacturers’ decal attached to the driver door jamb and glove box indicated a VIN of 1GTECK14HXSZ560497. The secondary VIN embossed on the vehicle frame indicates a derivative of TMZ527091, this indicates the true VIN of the vehicle as a 1995 GMC VIN 1GTECK14HXSZ560497. This inspection determined an incorrect VIN plate is attached to this vehicle. 25. 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 possessing a vehicle on which any motor number or vehicle identification number has been affixed by the manufacturer or be 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. 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, 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, 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. ‘ar| A. Ford, DirecteT Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Taliahassee, Florida 32399-0600 Filed in the official records of the Division 9¥Motor Vehicles this Y= day of February, 2005. CAF:gmw Copies furnished: Ken Boles Regional Administrator Dealer Licensing - By certified mail to: A. L. Enfinger, President Martin Motors of Pensacola, Inc. 6450 Pensacola Boulevard Pensacola, Florida 32505 A_L., Enfinger, President Martin Motors of Pensacola, Inc. 10080 Mobile Highway Pensacola, Florida 32526 g:\dir\\hearingofficer\2005\martinmotorsofpensacolainclac

Docket for Case No: 05-001158