Petitioner: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES
Respondent: ERNIE HAIRE FORD, INC.
Judges: CAROLYN S. HOLIFIELD
Agency: Department of Highway Safety and Motor Vehicles
Locations: Tampa, Florida
Filed: Jul. 24, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 3, 2006.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA PTT
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES) |= 1)
DIVISION OF MOTOR VEHICLES
2b JUL 24 P2149
DEPARTMENT OF HIGHWAY SAFETY CHYISIOH GF |
AND MOTOR VEHICLES, DIVISION ADMINISTRATIVE
OF MOTOR VEHICLES, . HEARINGS
Petitioner, Case No.: DMV-06-750
License No.: VF-1001182
v. :
ERNIE HAIRE FORD, ING, 0 (o- DUG i)
Respondent.
/
ADMINISTRATIVE COMPLAINT
Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor
Vehicles, files this Administrative Complaint against Ernie Haire Ford, 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 franchise
motor vehicle dealer in the State of Florida, having been issued license number VF-1001182,
based on the application identifying Emest B. Haire, If, as President, The address of record is
9545 N. Florida Avenue, Tampa, Florida 33612.
3. Section 316.1951, Florida Statutes, provides in part that it is unlawful to park a
motor vehicle upon a public street or highway, upon a public parking lot, or other public
1
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. On or about May 18, 2006, Compliance Examiner Melanson observed a 1996
_ Chevrolet, VIN 1GCGC29R27E222212, offered for sale, alongside SR54 at Heron Island Drive,
in Port Richey, by Respondent, as indicated by the dealer plate (MIF 53G), that was displayed on
the vehicle.
7. SR54 at Heron Island Drive 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 May 18, 2006, Respondent had not obtained a supplemental license to offer
motor vehicles for sale alongside SR54 at Heron Island Drive referenced in paragraph six, above.
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
EXPLANATION GF 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,
3. 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, 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.
Tn 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
‘
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.
}
arl A. Ford, Dire
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 2f "day of June, 2006.
CAF :gmw
Copies furnished:
Gary Koriopka
Regional Administrator
Dealer Licensing
By certified mail to:
Ernest B. Haire, IL, President
Ernie Haire Ford, Inc.
9545 N. Florida Avenue
Tampa, Florida 33612
Docket for Case No: 06-002663