STATE OF FLORIDA PUL ge 5 DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEAIGhES =“ DIVISION OF MOTOR VEHICLES “8 ay lo: Oty "46 DEPARTMENT OF HIGHWAY SAFETY ADM SION oF AND MOTOR VEHICLES, DIVISION HEA a IAT VE OF MOTOR VEHICLES, ; me Petitioner, . Case No.: DMV 06-1181 License No.: VI-1010875 Vv. ; . RPM UNLIMITED, INC., () 7 ( OX Respondent. ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against RPM Unlimited, 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-1010875, based upon the application identifying Krassimire Ivanov, as President. The address of record is 2462 W. SR 426 #1030, Oviedo, Florida 32765. COUNT ONE 3. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above. 4, Section 320.27(3), Florida Statutes, provides that, as a requirement for licensure, a motor vehicle dealer’s place of business must operate from a location approved by the department that meets specified requirements. 5. Rule 15C-7.003(6)(d)9 and 12, Florida Administrative Code, provides that as a requirement of operation a motor vehicle dealer shall notify the Department in writing of a permanent closing or cessation of business at the main or any licensed supplemental location and shall report any change of address to the Department and shall receive approval for any new place of business prior to relocating the business. 6. With its application for the May 1, 2006 to April 30, 2007, licensure period, Respondent attested its place of business was its address of record. 7. On or about August 16, 2006, Compliance Examiner Sandersfield observed that Respondent had abandoned its approved place of business. Compliance Examiner Sandersfield . noted that there were no vehicles on the lot or displayed for sale, the business sign was no longer present, the office doors were locked and the building was vacant. 8. On or about September 25, 2006, Compliance Examiner Sanderfield received a letter from Respondent's landlord indicating that Respondent was no longer leasing the licensed location and that Respondent had not occupied the location from approximately six weeks prior. 9. Based on the foregoing, Respondent violated section 320.27(9)(b)(8), Florida Statutes by failing to continually meet the requirements of section 320.27(3), Florida Statutes, the licensure law, and Rule 15C-7.003(6)(d)9 and 12, Florida Administrative Code, by abandoning its approved place of business. COUNT TWO 10. _— Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraphs one and two, above. 11. Section 319.23(6), Florida Statutes provides that in the case of the sale of a motor vehicle by a licensed dealer to a general purchaser, the dealer, upon application signed by the purchaser, shall file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. 12. On or about August 7, 2006, Attila L. Gyorfi purchased a 1995 Mercedes-Benz, VIN WDBHA28E9SF146438, from Respondent. 13. Attila L. Gyorfi and Respondent signed the Bill of Sale and Respondent delivered the 1995 Mercedes-Benz, VIN WOBHA28E9SF146438, to-Mr. Gyorfi on August 7, 2006. 14. Respondent failed to file the application for certificate of title by September 6, 2006, or within 30 days of August 7, 2006. 15. As of the signing of this Administrative Complaint, Respondent has not filed for certificate of title for the 1995 Mercedes-Benz, VIN WDBHA28E9SF146438, 16. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida - Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. COUNT THREE 17.‘ Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one and two, above. 18. Section 319.23(6), Florida Statutes provides that in the case of the sale of a motor vehicle by a licensed dealer to a general purchaser, the dealer, upon application signed by the purchaser, shail file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. 19, On or about March 7, 2006, S amuel V. Darroch purchased a 1999 Audi, VIN WAUDA34B6XN007203, from Respondent, . 20. Samuel V. Darroch and Respondent signed the Bill of Sale and Respondent _ delivered the 1999 Audi, VIN WAUDA34B6XN007203, to Mr. Darroch on March 7, 2006. 21. Respondent failed to file the application for certificate of title by April 6, 2006, or within 30 days of March 7, 2006. . 22, As of the signing of this Administrative Complaint, Respondent has not filed for certificate of title for the 1999 Audi, VIN WAUDA34B6XN007203. 23. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle. | COUNT FOUR 24. Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one and two, above. 25. Section 319.23(6), Florida Statutes provides that in the case of the sale of a motor vehicle by a licensed dealer to a general purchaser, the dealer, upon application signed by the purchaser, shall file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. 26. . Onor about May 21, 2006, Petch Brown purchased a 2000 Mercedes-Benz, VIN WDBJH82J3YX037031, from Respondent. 27. Petch’Brown and Respondent signed the Bill of Sale and Respondent delivered the 2000 Mercedes-Benz, VIN WDBJH82J3 YX037031, to Mr. Brown on May 21, 2006. 28. Respondent failed to file the application for certificate of title by June 20, 2006, or within 30 days of May 21, 2006. 29. _ As of the signing of this Administrative Complaint, Respondent has not filed for certificate of title for the 2000 Mercedes-Benz, VIN WDBJH82J3 YX037031. 30. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor vehicle, | So COUNT FIVE 31, Petitioner realleges and incorporates as if fully stated herein the allegations contained in paragraph one and two, above, 32. Section 319.23(6), Florida Statutes provides that in the case of the sale of a motor vehicle by a licensed dealer to a general purchaser, the dealer, upon application signed by the purchaser, shail file the application for certificate of title within 30 days from the delivery of the vehicle to the purchaser. ° a 33. On or about sf une 16, 2006, Igor M. Oudovin purchased a 1997 Mercedes-Benz, VIN WDBGA57G7VA336837, from Respondent. 34, Igor M. Oudovin and Respondent signed the Bill of Sale and Respondent delivered the 1997 Mercedes-Benz, VIN WDBGA57G7VA336837, to Mr. Oudovin on June 16, 2006. 35. Respondent failed to file the application for certificate of title by July 16, 2006, or within 30 days of June 16, 2006. 36. As of the signing of this Administrative Complaint, Respondent has not filed for certificate of title for the 1997 Mercedes-Benz, VIN WOBGA57G7VA336837. 37. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida Statutes, through a violation of section 319.23(6), Florida Statutes, by failing to timely file an application for certificate of title to a motor 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(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. CAF:gmw Copies furnished: Patricia Giumarra Regional Administrator Dealer Licensing . By certified mail to: Krassimire Ivanov, President RPM Unlimited, Inc. 2462 W. SR 426 #1030 Oviedo, Florida 32765 Krassimire Ivanov, President RPM Unlimited, Inc, 451 Alexander Avenue Deltona, Florida 32725 A. Ford, Directo: 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 ree of Motor Vehicles 2 Pay of November, 2006.

Docket for Case No: 07-000080