Petitioner: DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES
Respondent: JT AUTO, INC.
Judges: JUNE C. MCKINNEY
Agency: Department of Highway Safety and Motor Vehicles
Locations: Fort Lauderdale, Florida
Filed: Oct. 04, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 8, 2008.
Latest Update: Dec. 24, 2024
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- STATE OF FLORIDA .
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICE ES; >
DIVISION OF MOTOR VEHICLES Pohs 2
Oia}.
DEPARTMENT OF HIGHWAY SAFETY
AND MOTOR VEHICLES, DIVISION
OF MOTOR VEHICLES, O 7. Y wKD-
Petitioner, CaseNo.: DMV 07-1083
License No.: VI-1012752
v.
JT AUTO, INC,,
Respondent.
/
ADMINISTRATIVE COMPLAINT
SS LIEVE COMPLAINT
Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor
Vehicles, files this Administrative Complaint against JT Auto, 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-1012752,
based upon the application identifying Johnson Thomas, as President, The address of record is
3341 N. Dixie Highway, Bay 1, Pompano Beach, Florida 33064.
COUNT ONE
3. Petitioner realleges and incorporates as if fully stated herein the allegations
_ contained in the paragraphs above.
4. 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. .
5. On or about February 22, 2007, Zicho Deshommes purchased a 2000 Nissan, VIN
JN1CA31D9YT537492, from Respondent.
6. . Zicho Deshommes signed the bill of sale and Respondent delivered the 2000
Nissan, VIN JN1CA31D9YT537492, to Mr. Deshommes on February 22, 2007.
7. Respondent failed to file the application for certificate of title by March 24, 2007,
or within 30 days of February 22, 2007.
8. As of the filing of this Administrative Complaint, Respondent has not filed for
certificate of title for the 2000 Nissan, VIN INICA31D9YT537492,
9. 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 TWO
10. Petitioner realleges and incorporates as if fully stated herein the allegations
contained in paragraphs one and two, above.
1i.. 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 March 8, 2007, Jackson Anestal purchased a 2000 Volkswagen, VIN
3VWSA29M3YM1910373, from Respondent.
13. Jackson Anestal signed the bill of sale and Respondent delivered the 2000
Volkswagen, VIN 3VWSA29M3YM1910373, to Mr, Anestal on March 8, 2007.
14. Respondent failed to file the application for certificate of title by April 7, 2007, or
within 30 days of March 8, 2007.
15. _ As of the filing of this Administrative Complaint, Respondent has not filed for
certificate of title for the 2000 Volkswagen, VIN 3VWSA29M3YM1910373.
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 paragraphs 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, shall file the application for certificate of title within 30 days from the delivery of the
vehicle to the purchaser.
19, On or about March 10, 2007, Magala Jean-Blaise purchased a 2001 Saturn, VIN
1G8ZH541Z269803, from Respondent.
20. = Magala Jean-Blaise signed the bill of sale and Respondent delivered the 2001
Saturn, VIN 1G8ZH541Z269803, to Ms. Jean-Blaise on March 10, 2007.
21. Respondent failed to file the application for certificate of title by April 9, 2007, or
within 30 days of March 10, 2007. .
22. As of the filing of this Administrative Complaint, Respondent has not filed for
certificate of title for the 2001 Saturn, VIN 1G8ZH5417269803.
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. On or about March 13, 2007, Kerline Josue purchased a 2000 Pontiac, VIN
1G2HY54K6Y4284943, from Respondent. .
27, | Kerline Josue signed the bill of sale and Respondent delivered the 2000 Pontiac,
VIN 1G2HY54K6Y4284943, to Mr. Josue on March 13, 2007.
. 28. Respondent failed to file the application for certificate of title by April 12, 2007,
or within 30 days of March 13,2007,
29. Respondent did not file the application for certificate of title for the 2000 Pontiac,
VIN 1G2HY54K6Y4284943, until May 31, 2007, which is 49 days after the statutorily required
timeframe.
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.
COUNT FIVE
31. Petitioner realleges and incorporates as if fully stated herein the allegations
contained in paragraphs 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, shall file the application for certificate of title within 30 days from the delivery of the
vehicle to the purchaser.
33, On or about March 13, 2007, Melinda Miller and Sarah Williams purchased a
2002 Honda, VIN 2HGES16552H536631, from Respondent.
34. Melinda Miller, Sarah Williams and Respondent signed the bill of sale and
Respondent delivered the 2002 Honda, VIN 2HGES16552H536631, to Ms. Miller and Ms.
Williams on March 13, 2007.
35. Respondent failed to file the application for certificate of title by April 12, 2007,
or within 30 days of March 13, 2007.
36. Respondent did not file the application for certificate of title for the 2002 Honda,
‘VIN 2HGES16552H536631, until May 31, 2007, which is 39 days after the statutorily required
timeframe.
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.
COUNT SIX
38. Petitioner realleges and incorporates as if fully stated herein the allegations
contained in paragraphs one and two, above.
39, 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.
40, . On or about March 17, 2007, Elange Mesidor purchased a 2003 Dodge, VIN
. 1D7HL48N235237055, from Respondent.
41. | Elange Mesidor signed the bill of sale and Respondent delivered the 2003 Dodge,
VIN 1D7HL48N238237055, to Ms. Mesidor on March 17, 2007.
| 42. Respondent failed to file the application for certificate of title by April 16, 2007,
or within 30 days of March 17, 2007. .
43. Respondent did not file the application for certificate of title for the 2003 Dodge,
VIN 1D7HL48N23S237055, until June 26, 2007, which is 71 days after the statutorily required
timeframe.
44, 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 SEVEN
45. Petitioner realleges and incorporates as if fully stated herein the allegations
contained in paragraphs one and two, above,
46, 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.
47. On or about March 20, 2007, Joel Carver purchased a 1998 Mazda, VIN
JM1TA2215W1405009, from Respondent.
48. Joel Carver signed the bill of sale and Respondent delivered the 1998 Mazda, VIN
JM1TA2215W1405009, to Mr. Carver on March 20, 2007.
49. Respondent failed to file the application for certificate of title by April 19, 2007,
or within 30 days of March 20, 2007.
50. Respondent didnot file the application for certificate of title for the 1998 Mazda,
VIN JM1TA2215W1405009, until May 11, 2007, which is 22 days after the statutorily required
timeframe. , .
51. 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 EIGHT.
52. Petitioner realleges and incorporates as if fully stated herein the allegations
contained in paragraphs one and two, above.
53. 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. |
54. On or about March 24, 2007, Harry Bryant purchased a 2003 Chevrolet, VIN
1G1JC52F237238947, from Respondent.
55. Harry Bryant signed the bill of sale and Respondent delivered the 2003 Chevrolet,
VIN 1G1JC52F237238947, to Mr. Bryant on March 24, 2007.
56. Respondent failed to file the application for certificate of title by April 23, 2007,
or within 30 days of March 24, 2007.
57. . As of the filing of this Administrative Complaint, Respondent has not filed for
certificate of title for the 2003 Chevrolet, VIN 1G1JC52F237238947.
58. 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 NINE
59. Petitioner realleges and incorporates as if fully stated herein the allegations
contained in paragraphs one and two, above.
60. 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.
61. On or about March 30, 2007, Crystal Davis purchased a 2001 Ford, VIN
IFAFP56871A240367, from Respondent.
62. Crystal Davis signed the bill of sale and Respondent delivered the 2001 Ford,
VIN 1FAFP56S71A240367, to Ms. Davis on March 30, 2007,
63. Respondent failed to file the application for certificate of title by April 29, 2007, |
or within 30 days of March 30, 2007.
64, Respondent did not file the application for certificate of title for the 2001 Ford,
VIN LFAFP56S71A240367, until May 22, 2007, which is 23 days-after the statutorily required
timeframe.
65. Based on the foregoing, Respondent violated section 320.27(9)(b)6, Florida
Statutes, through a violation of section 3 19.23(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.
arl A. Ford, Direct6r
Division of Motor Vehiclés
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 otor Vehicles
this 77 day of July, 2007.
CAF: gmw
Copies furnished:
William O. Francis
Regional Administrator
Dealer Licensing
By certified mail to:
Johnson Thomas, President
JT Auto, Ine.
3341 N. Dixie Highway
Pompano Beach, Florida 33064
Johnson Thomas, President
’ JT Auto, Inc. -
1430S. W. 6 Avenue
Deerfield Beach, Florida 33441
10
Docket for Case No: 07-004582
Issue Date |
Proceedings |
Jan. 23, 2008 |
Final Order filed.
|
Jan. 08, 2008 |
Order Closing File. CASE CLOSED.
|
Jan. 04, 2008 |
Settlement Stipulation and Motion to Relinquish Jurisdiction filed.
|
Oct. 30, 2007 |
Amended Notice of Hearing (hearing set for January 10, 2008; 9:00 a.m.; Fort Lauderdale, FL; amended as to date of hearing).
|
Oct. 23, 2007 |
Order of Pre-hearing Instructions.
|
Oct. 23, 2007 |
Notice of Hearing (hearing set for January 11, 2008; 9:00 a.m.; Fort Lauderdale, FL).
|
Oct. 12, 2007 |
Response to Initial Order filed.
|
Oct. 05, 2007 |
Election of Rights filed.
|
Oct. 05, 2007 |
Administrative Complaint filed.
|
Oct. 05, 2007 |
Agency referral filed.
|
Oct. 05, 2007 |
Initial Order.
|