Co STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICERS, DIVISION OF MOTOR VEHICLES EES: one, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, Case No.: DMV-05-898 License No.: VI-4358 v. ANGEL GABRIEL HERNANDEZ : 0 lo - O T. 74 { D/B/A EXPORT AUTO SALES, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Angel Gabriel Hernandez d/b/a Export 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-4358, based on the application identifying Angel G. Hernandez, as Owner. The address of record is 5473 Benchmark Lane #141, Sanford, Florida 32773. 3. Section 316.1951, Florida Statutes, provides in part that it is unlawful to park a motor vehicle upon a public sireet or highway, upon a public parking lot, or other public property, or upon private property where the public has the right to travel by motor vehicle, for the principal purpose and intent of displaying the motor vehicle thereon for sale, hire or rental unless the sale, hire, or rental of the motor vehicle is specifically authorized on such property by municipal or county regulation. 4, Section 320.27(5), Florida Statutes, provides in part that a licensed dealer shall obtain a supplemental license for each place of business not contiguous to the premises for which the original license is issued. 5. Section 320.27(12), Florida Statutes, provides in part that the department may levy and collect a civil fine in an amount not to exceed $1,000.00, for each violation, against any licensee if it finds that the licenses has violated any provision of this section or has violated any other law of this state or the federal law. 6. Onor about August 29, 2005, Compliance Examiner Sandersfield observed a 1992 Dodge, VIN 2B7HB21Y5NK120590, offered for sale, in front of 3550 W. Highway 45, in Sanford, by Respondent, as evidenced by an auction receipt indicating that Respondent purchased said vehicle on or about August 16, 2005 from Sanford Auto Dealers Exchange, Inc. Compliance Examiner Sandersfield also received a copy of a check indicating that Respondent did purchase said vehicle on August 15,2005. 7. The location in front of 3550 W. Highway 45, has not been specifically authorized by municipal or county regulation as a property on which motor vehicles may be offered for sale. 8. As of August 29, 2005, Respondent had not obtained a supplemental license to offer motor vehicles for sale in front of 3550 W. Highway 45, referenced in paragraph six, above. No 9. Based on the foregoing, Respondent violated section 320.27(9)(b)(17), Florida Statutes, through a violation of sections 316.1951 and 320.27(5), Florida Statutes, by offering a . motor vehicle for sale at an unauthorized and unlawful location. 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 Tepresentative, 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. 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, 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 bearing. 3. Ifyou 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, Eun db, Carl A. Ford, Director Division of Motor Vehicles Department of Highway Safety and Motor Vehicles Neil Kirkman Building, Room B439, MS 60 Tallahassee, Florida 32399-600 Filed in the official records of the Division of Motor Vehicles this 212"day of November, 2005. CAF: gmw Copies furnished: Pat Giumarra Regional Administrator Dealer Licensing By certified mail to: Angel G. Hernandez, Owner Export Auto Sales 5473 Benchmark Lane #141 Sanford, Florida 32773 Angel G. Hernandez, Owner Export Auto Sales Post Office Box 181486 Casselberry, Florida 32718 gi\dir\hearingofficer\2005\exportautosales\ac

Docket for Case No: 06-000751