STATE OF FLORIDA ; DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICHES) | LED DIVISION OF MOTOR VEHICLES “SED Sie Ne DEPARTMENT OF HIGHWAY SAFETY 2M JUL 20 P 4:99 AND MOTOR VEHICLES, DIVISION mt OF MOTOR VEHICLES, I: S Petitioner, Case No.: DMV 06-741 - ; License No.: VI-1002728 vy. ADS AUTOS, INC., Vit ' Respondent. 0 (¢ D (e ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against ADS Autos, 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-1002728, based upon the application identifying Nikolay Kutsayev, as President. The address of record is 1505 Mango Avenue, Sarasota, Florida 34237. COUNT ONE 3. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 4. Section 320.27(9)(b)3, Florida Statutes, provides that a motor vehicle dealer license is subject to denial, suspension, or revocation of the dealer license if the dealer misrepresents or makes false, deceptive or misleading statements with regard to the sale or financing of a motor vehicle which any motor vehicle dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of motor vehicles. . 5. On or about March 14, 2005, Danny Starcevic purchased a 2005 Cadillac, VIN 1G6KY545911U146105, from Respondent via e-bay. 6. The advertisement for the 2005 Cadillac, VIN 1G6KY545911U146105, stated: that “This car has a minor impact in the rear left door panel where it was repaired. Otherwise this car is in perfect condition, It has a Florida rebuilt title, because of the impact. Everything in this car is original, nothing was replaced except the front bumper, Airbags never deployed, Car is 1 to 10 scale my point of view its 10.” 7, Respondent shipped the vehicle to Mr. Starcevic in Iowa on or about March 24, 2005, When Mr. Starcevic received the vebicle’s “Driver’s information center” indicated that the airbag system needed servicing. Mr. Starcevic took the vehicle to Adam Auto Body, where a certified airbag technician advised that the car had been damaged on the left front corner and the airbags had deployed. 8, Based on the foregoing, Respondent violated section 320.27(9)(b)3, Florida Statutes, by making false, deceptive or misleading statements with regard to the sale or financing ofa motor vehicle which any motor vehicle dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of motor vehicles. COUNT TWO 9. Petitioner realleges and incorporates as if fully stated herein. the allegations contained in paragraphs one, two, five, and six, above. ‘ Ww 10. Section 319.14(1)(b), Florida Statutes, states in part that “No person shall knowingly offer for sale, sell, or exchange a rebuilt vehicle until the department has stamped in a conspicuous place on the certificate of title for the vehicle words stating that the vehicle has been rebuilt vehicle unless proper application for a certificate of title for a vehicle that is rebuilt has - been made to the department in accordance with this chapter and the department has conducted the physical examination of the vehicle to assure the identity of the vehicle and all major ‘component parts, which have been repaired or replaced.” 11. | When Mr. Starcevic received the title to the 2005 Cadillac, VIN 1G6KY545911U146105, referenced in paragraph five above, the title was branded as salvage rebuildable, not as stated in the e-bay advertisement as rebuilt. Respondent sold Mr. Starcevic the 2005 Cadillac, VIN 1G6KY545911U146105, knowing that the vehicle had not yet been inspected by department personnel and without having been issued a rebuilt title. 12. Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(1)(b), by selling a rebuilt vehicle prior to the department stamping in a conspicuous place on the certificate of title for the vehicle words stating that the vehicle has been rebuilt or without making proper application for a certificate of title for a vehicle that is rebuilt to the department after the department has conducted a physical examination of the vehicle. COUNT THREE 13. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 14. Section 320.27(9)(b)3, Florida Statutes, provides that a motor vehicle dealer license is subject to denial, suspension, or revocation of the dealer license if the dealer misrepresents ar makes false, deceptive or misleading statements with regard to the sale or . financing of a motor vehicle which any motor vehicle dealer has, or causes to have, advertised, Mel a] printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of motor vehicles. : 15. On or about June 2, 2006, Luis Flores purchased a 2002 Cadillac, VIN 1G6KV¥54982U190412, from Respondent via e-bay. 16... The advertisement for the 2002 Cadillac, VIN 1G6KY54982U190412, stated that “This car rides lile a dream feels beautiful, very powerful sound system by BOSE, 6 CD Changes in console, Leather interior, STS Package, STS floor mats original. This car has a minor impact in the rear left door panel where it was repaired. Otherwise this car is in perfect condition, It has a Florida rebuilt title, because of the impact. Everything in this car is original, nothing was replaced except the front bumper, Airbags never deployed, Car is 1 to 10 scale my point of view its 10.” 17. Mr. Flores picked the 2002 Cadillac, VIN 1G6KY54982U190412, up at Dependable Auto Shippers, Inc in Florida, When Mr. Flores arrived at Dependable Auto Shippers, Inc. he was given an itemized list of things that were wrong with the vehicle when Dependable Auto Shippers, Inc. received the vehicle (listed below). Mr. Flores was unable to drive the vehicle to California because the front driver’s rim was broken and the front end was out of alignment. On his drive to California the vehicle overheated on several occasions and had to have the radiator replaced, he found shattered automotive glass between and under the seats on the car, there is bondo on the left door frame, the front grille was broken and the paint is bubbled up and cracked and the original STS floor mats indicated in the advertisement were not in the car. The airbag cover over the steering wheel did not match the rest of the vehicle, the horn, odometer, and cruise control did not work. Several dashboard indicators were not functioning properly and it was very obvious that the car had been painted as there was overspray around the ‘doors and trunk area and on the black rubber trim, which is not the original Cadillac white. The headlamp was broken and the wiring to the headlamp had been improperly cut and spliced. 4 18. Based on the foregoing, Respondent violated section 320.27(9)(b)3, Florida Statutes, by making false, deceptive or misleading statements with regard to the sale or financing of a motor vehicle which any motor vehicle dealer has, or causes to have, advertised, printed, displayed, published, distributed, broadcast, televised, or made in any manner with regard to the sale or financing of motor vehicles. COUNT FOUR 19. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one, two, fifteen (15), and sixteen (16), above. 20, Section 319.14(1)(b), Florida Statutes, states in part that “No person shall knowingly offer for sale, sell, or exchange a rebuilt vehicle until the department has stamped ina conspicuous place on the certificate of title for the vehicle words stating that the vehicle has been rebuilt vehicle unless proper application for a certificate of title for a vehicle that is rebuilt has been made to the department in accordance with this chapter and the department has conducted the physical examination of the vehicle to assure the identity of the vehicle and all major component parts, which have been repaired or replaced.” 21. | When Mr. Flores received the title to the 2002 Cadillac, VIN 1G6KY54982U 190412, referenced in paragraph fifteen (15) above, the title was branded as salvage rebuildable, not as stated in the e-bay advertisement as rebuilt. Respondent sold Mr, Flores the 2002 Cadillac, VIN 1G6K'Y549821190412, knowing that the vehicle had not yet been inspected by department personnel and without having been issued a rebuilt title. 22, Based on the foregoing, Respondent violated section 320.27(9)(b)17, Florida Statutes, through a violation of section 319.14(1)(b), by selling a rebuilt vehicle prior to the department stamping in a conspicuous place on the certificate of title for the vehicle words _ stating that the vehicle has been rebuilt or without making proper application for a certificate of tn. title for a vehicle that is rebuilt to the department after the department has conducted a physical examination of the vehicle. 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 ifa 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. 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 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, placement of Respondent on probation, imposition of testing requirements and/or any other relief deemed appropriate. ari 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 Vehicles this 2 0 day of June, 2006. CAF:gmw Copies furnished: Dianne McGowan Regional Administrator Dealer Licensing By certified mail to: Nikolay Kutsayev ADS Autos, Inc. 23064 Harborview Road . Port Charlotte, Florida 33980 Nikolay Kutsayev : ADS Autos, Inc. -- ; 1359 Tripoli Street : North Port, Florida 34286 Lawrence M. Fuchs, Esquire Registered Agent 590 Royal Palm Beach Blvd. Royal Palm Beach, Florid 233411

Docket for Case No: 06-002641