Petitioner: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
Respondent: WILLIAM C. WALDEN, JR., D/B/A BILLY BOBS AUTO SALES
Judges: BARBARA J. STAROS
Agency: Department of Highway Safety and Motor Vehicles
Locations: Gainesville, Florida
Filed: Mar. 02, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 16, 2007.
Latest Update: Dec. 24, 2024
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DEPARTMENT OF HIGHWAY SAFETY Tinga’
AND MOTOR VEHICLES, DIVISION SN
OF MOTOR VEHICLES,
Petitioner, Case No.: DMV 07-217
: License No.: VI-1013350
Vv.
WILLIAM C. WALDEN, JR. D/B/A
BILLY BOBS AUTO SALES, (O1-10 De
Respondent. -
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ADMINISTRATIVE COMPLAINT
Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor
Vehicles, files this Administrative Complaint against William C. Walden, Jr. d/b/a Billy Bobs
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
sections 20.24, 120.569 and 120.54 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-1013350,
based upon the application identifying William C. Walden, Jr., as Owner. The address of record
is 1620 N. Main Street, Bell, Florida 32619.
COUNT ONE
3, Petitioner realleges and incorporates as if fully stated herein the allegations
contained in the paragraphs above.
4. Section 319.35(1)(c), Florida Statutes states in part that “It is unlawful for any
person to knowingly possess, sell or offer for sale, conceal, or dispose of in this state a motor
vehicle with an odometer that has been tampered with so as to reflect a lower mileage than the
motor vehicle has actually been driven,...”
5. On or about February 18, 2006, Robin L Kalandyk purchased a 1995 Chevrolet,
VIN 1GCGC33K4SF008400, from Respondent.
6. Robin I. Kalandyk signed the retail installment contract and Respondent delivered
the 1995 Chevrolet, VIN 1GCGC33K4SF008400, to Ms. Kalandyk on February 18, 2006. Ms.
Kalandyk also purchased a vehicle service agreement from Respondent for the vehicle on which
the mileage listed was 134,616, by Respondent.
7. When Ms. Kalandyk arrived at home with the vehicle, she noticed that the
odometer was not working and the mileage was still 134,616. She contacted Respondent and
was advised to contact the warranty company regarding the repair.
8. Ms. Kalandyk found a receipt for Tepairs in the vehicle from the previous owner
which indicated at the time of the repair in or around September 2004, the mileage was 235,430.
Respondent did not advise Ms. Kalandyk that the mileage was anything other than what was
indicated on the odometer (134,616), at the time she purchased the vehicle
9. Ms. Kalandyk contacted the Florida Highway Patrol for assistance in this matter.
10. Lieutenant Roy W. Jackson investigated the report and found a Carfax history
report which indicates that the last reported mileage was 215,315; that Respondent purchased the
vehicle via an e-bay auction and the miles listed in the e-bay advertisement were 253,211: and
the 1995 Chevrolet, VIN 1GCGC33K4SF008400, was previously titled in South Carolina. The
vehicle was purchased by Respondent from Francis Wayne Cooke and the South Carolina title |
transfer to Respondent indicates that at the time Mr. Cooke purchased the vehicle the odometer
reading was 215,315 miles.
11. During the investigation Respondent advised Lieutenant Jackson that the gages in
the 1995 Chevrolet, VIN 1GCGC33K4SF008400, were not working and he replaced the dash
which included the odometer. |
12. Based on the foregoing, Respondent violated section 320.27(9)(b)14, Florida .
Statutes, through a violation of section 319.35(1)(c), Florida Statutes, by knowingly selling a
motor vehicle with an odometer that has been tampered with so as to reflect a lower mileage than
the motor vehicle has actually been driven.
COUNT TWO
13. _ Petitioner realleges and incorporates as if fully stated herein the allegations
contained in paragraphs one, two, five, six, seven, eight, ten, and eleven, above. .
14. Section 319.35(2)(a) and (b), Florida Statutes, reads “This section does not
prevent the service, repair, or replacement of an odometer if the mileage indicated thereon
remains the same as before the service, repair, or replacement. If the odometer is incapable of
registering the same mileage-as before such service, repair, or replacement, the odometer must be
adjusted to read zero and a notice in writing must be attached to the door frame of the vehicle by
the owner or his or her agent specifying the mileage prior to repair or replacement of the
odometer and the date on which it was repaired or replaced. (b) A person may not fail to adjust
an odometer or affix a notice regarding such adjustment as required by paragraph (a).
15. Lieutenant Jackson’s report indicates that Respondent admitted that he did not
place a notice any where in the vehicle specifying the mileage prior to the repair or replacement
of the odometer.
16. Based on the foregoing, Respondent violated section 320.27(9)(b)14, Florida _
Statutes, through a violation of section 319.35(2)(a) and (b), Florida Statutes, by failing to affix a
notice to the door frame of a vehicle specifying the mileage prior to the repair or replacement of
the odometer and the date on which it was repaired or replaced.
COUNT THREE
17. Petitioner realleges and incorporates as if fully stated herein the allegations
contained in paragraphs one, two, five, six, seven, eight, ten, and eleven, above.
18. Section 320.27(9)(b)13, Florida Statutes, provides in part that the Department
may deny, suspend or revoke any license issued upon proof that a licensee has committed |
violations of one or more of the following activities: 13. “Perpetration of a fraud upon any
person as a result of dealing in motor vehicles...”
19. Along with the vehicle Respondent sold to Ms. Kalandyk she also purchased from
Respondent a 90-day or 3,000 mile American Premier Group Protection Plan. The mileage
listed on this protection plan that was issued and completed by Respondent was 134,616, which
miles was clearly erroneous and known to be so by Respondent; thus knowingly placing
incorrect information on the service agreement and subjecting it to invalidation.
20. Based on the foregoing, Respondent violated section 320.27(9)(b)13, Florida
Statutes, by perpetrating fraud upon a person as a result of dealing in motor vehicles.
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. 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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61,
Tallahassee, Florida 32399, by checki 8 the appropriate space, marked as “1” on the Election of
Rights form and ensuring the Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61,
Tallahassee, Florida 32399, 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 Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61,
Tallahassee, Florida 32399, by checking the appropriate space, marked as “2” on the Election of
Rights form, specifying the material alle ations of fact you are disputing and ensuring the
Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399,
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 Office of the Hearing Officer, 2900 Apalachee
Parkway, MS-61, Tallahassee, Florida 32399, 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 Office of the Hearing
Officer, 2900 Apalachee Parkway, MS-61, Tallahassee, Florida 32399, within 21 days from your
receipt of this Administrative Complaint, your failure may be considered a waiver of your
right to contest the issues presented in the Administrative Complaint and the Department
may proceed to enter a Final Order without further notice.
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.
A. Ford, Director
Division of Motor Vehicles
Department of Highway Safety and
Motor Vehicles
Neil Kirkman Building, Room B439, MS 60
Taliahassee, Florida 32399-600
Filed in the official records of the
Division otor Vehicles
this 5 day of February, 2007.
CAF:gmw
Copies furnished:
Michael Matz
Regional Administrator
Dealer License Section
By certified mail to:
William C. Walden, Jr., Owner
Billy Bobs Auto Sales
1620 N. Main Street
Bell, Florida 32619
William C. Walden, Jr., Owner
Billy Bobs Auto Sales
Post Office Box 430
Bell, Florida 32619
Docket for Case No: 07-001036
Issue Date |
Proceedings |
Oct. 03, 2007 |
Final Order filed.
|
Aug. 16, 2007 |
Order Closing File. CASE CLOSED.
|
Aug. 16, 2007 |
Settlement Stipulation and Motion to Relinquish Jurisdiction filed.
|
Jun. 29, 2007 |
Order of Pre-hearing Instructions.
|
Jun. 29, 2007 |
Notice of Hearing (hearing set for August 22, 2007; 10:00 a.m.; Gainesville, FL).
|
Jun. 15, 2007 |
Status Report filed.
|
Jun. 01, 2007 |
Order Granting Continuance (parties to advise status by June 15, 2007).
|
May 30, 2007 |
Notice of Appearance (filed by N. Zissimopulos).
|
May 30, 2007 |
Motion to Continue filed.
|
May 15, 2007 |
Order Authorizing Withdrawal of Counsel (R. Thomas, Jr.).
|
May 11, 2007 |
Motion to Withdraw filed.
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May 07, 2007 |
Order on Motion to Withdraw.
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Apr. 23, 2007 |
Letter to Judge Staros from R. Thomas, Jr. regarding unopposed motion to withdraw filed.
|
Apr. 20, 2007 |
Motion to Withdraw (R.Thomas as counsel of record) filed.
|
Apr. 18, 2007 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for June 14, 2007; 10:00 a.m.; Gainesville, FL).
|
Apr. 03, 2007 |
Motion for Continuance filed.
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Mar. 20, 2007 |
Order of Pre-hearing Instructions.
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Mar. 20, 2007 |
Notice of Hearing (hearing set for May 4, 2007; 10:00 a.m.; Trenton, FL).
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Mar. 09, 2007 |
Response to Initial Order filed.
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Mar. 02, 2007 |
Administrative Complaint filed.
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Mar. 02, 2007 |
Election of Rights filed.
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Mar. 02, 2007 |
Agency referral filed.
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Mar. 02, 2007 |
Initial Order.
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