STATE OF FLORIDA My a DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES” > DIVISION OF MOTOR VEHICLES 4 Lys, 4y liga O T ~SOl 4 : GSTs 9 / DEPARTMENT OF HIGHWAY SAFETY NEM AND MOTOR VEHICLES, DIVISION OF MOTOR VEHICLES, Petitioner, : Case No.: DMV-07-1312 License No.: VI-1002457 v. \ ANTHONY HEYWARD & CHRISTOPHER HEYWARD, SR. D/B/A A AND C AUTO, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, the Department of Highway Safety and Motor Vehicles, Division of Motor Vehicles, files this Administrative Complaint against Anthony Heyward & Christopher Heyward, Sr. d/b/a A and C Auto, 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-1002457, based on the application identifying Anthony Heyward and Christopher Heyward, Sr., as Owners. The address of record is 3507 North 34" Street, Tampa, Florida 33605. 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 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. . COUNT ONE 5. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs above, | 6. On or about March 1, 2007, Compliance Examiner Fryrear observed a 1997 Pontiac, VIN 1G2JB 1246V7528147, offered for sale as indicated by the words “for sale” on the windshield of the vehicle, on Martin Luther King Boulevard and Kings Highway, in Tampa. The vehicle was offered by Respondent, as indicated by the telephone nember listed on the vehicle which belongs to Respondent. Compliance Examiner Fryrear also received a copy of the auction receipt indicating that Respondent purchased this vehicle from Your Auction, on or about October 27, 2006. 7. Martin Luther King Boulevard and Kings Highway 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 March 1, 2007, Respondent had not obtained a supplemental license to offer motor vehicles for sale on Martin Luther King Boulevard and Kings Highway referenced in paragraph six, above. 9. Based on the foregoing, Respondent violated section 320.27(9)(b)(17), Florida Statutes, through a violation sections 316.1951 and 320.27(5), Florida Statutes, by offering a motor vehicle for sale at an unauthorized and unlawful location, COUNT TWO 11. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs one through four, above, 12, On or about March 1, 2007, Compliance Examiner Fryrear observed a 1997 Mercury, VIN 1MELM53S7VA613521, offered for sale as indicated by the words “for sale” on the windshield of the vehicle, on Martin Luther King Boulevard and Kings Highway, in Tampa.. The vehicle was offered by Respondent, as indicated by the telephone number listed on the vehicle which belongs to Respondent, Compliance Examiner Fryrear also received a copy of the auction receipt indicating that Respondent purchased this vehicle from Your Auction, on or about October 19, 2006. 13. Martin Luther King Boulevard and Kings Highway has not been specifically authorized by municipal or county regulation as a property on which motor vehicles may be offered for sale, . 14. As of March 1, 2007, Respondent had not obtained a supplemental license to offer motor vehicles for sale on Martin Luther King Boulevard and Kings Highway referenced in paragraph twelve, above. 15. Based on the foregoing, Respondent violated section 320.27(9)(b)(17), Florida Statutes, through a violation sections 316.1951 and 320.27(5), Florida Statutes, by offering a motor vehicle for sale at an unauthorized and unlawful location. COUNT THREE 16. Petitioner realleges and incorporates as if fully stated herein the allegations contained in the paragraphs one and two, above. 17, Section 320,27.(3), Florida Statutes, requires that motor vehicle dealers keep and maintain books, records and files necessary to conduct such business, which will be available at all reasonable hours to inspection by the department of any or its inspectors or other employees. 18. Section 320,27(6), Florida Statutes, requires that every licensee shall keep a book or record in such form as shall be prescribed or approved by the department, in which the licensee shall keep a record of the purchase, sale or exchange, or receipt for the purpose of sale, of any motor vehicle, the date upon which any temporary tag was issued, the date of title transfer, and the description of such motor vehicle together with the name — and address of the seller, the purchaser and the alleged owner or other person from whom such motor vehicle was purchased or received or to whom it was sold or delivered, as the case may be. . 19. Rules 15C-7.002(3), 15C-7.002(4), and 15C-7.002(6), Florida Administrative Code, require dealers to maintain specific written records of each vehicle acquired and disposed of by the dealership including but not limited to a written copy of each odometer disclosure statement received when a vehicle is acquired and each odometer disclosure statement issued by him upon disposing of each vehicle. 20. On or about April 16, 2007, Compliance Examiner Ladd conducted a tecords inspection of Respondent dealership. 21. At the time of the inspection referenced in paragraph twenty above, Compliance Examiner Ladd examined five purchases and sales of motor vehicles made by Respondent. Compliance Examiner Ladd found that four of the vehicles did not have the method or proof of purchase and did not have the odometer disclosure statement upon acquisition and three of the vehicles did not have the odometer disclosure statement upon disposition of the vehicle. 22, Based on the foregoing, Respondent violated section 320.27(9)(b) 16, - Florida Statutes, through a violation of Rules 15C-7.002(3), 15C-7.002(4), and 15C- 7.002(6), Florida Administrative Code, by failing to maintain an accurate written record of each vehicle acquired and disposed of by the dealership, 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 tesponse 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 that the Division of Motor Vehicles, Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, A308, Tallahassee, Florida 32399, 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 Division of Motor Vehicles, Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, A308, Tallahassee, Florida 32399, by checking the appropriate space, marked as “1” on the Election of Rights form and ensuring that the Division of Motor Vehicles, Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, A308, 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 taust 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 Division of Motor Vehicles, Office ~ of the Hearing Officer, 2900 Apalachee Parkway, MS-61, A308, Tallahassee, Florida 32399, 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 thatthe Division of Motor Vehicles, Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, A308, 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 tmoust keep the Division of Motor Vehicles, Office of the Hearing Officer, informed of your current mailing address; failure to do so may be considered a waiver of your right to an evidentiary hearing. 3. If 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 that the Division of Motor Vehicles, Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, A308, Tallahassee, Florida 32399, 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. In the event you fail to file your election in this matter with the Division of Motor Vehicles, Office of the Hearing Officer, 2900 Apalachee Parkway, MS-61, A308, Tallahassee, Florida 32399, 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. Carl A. Ford, Director 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 Divisio: Motor Vehicles this 4 day of October, 2007. CAF:gmw Copies furnished: Gary Konopka Regional Administrator Dealer Licensing By certified mail to: Anthony & Christopher Heyward, Owners A and C Auto 3507 North 34" Street Tampa, Florida 33605 Anthony Heyward, Owner Aand C Auto 6028 Doe Circle East Lakeland, Florida 33809 Christopher Heyward, Sr., Owner _ Aand C Auto 3505 North 34" Street Tampa, Florida 33605

Docket for Case No: 07-005019